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HomeMy WebLinkAboutCC January 19, 1988 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 19, 1988 HANDOUT ORIGINATING DEPARTMENT Engineering BY: James E. Schrantz APP:"RCOV~FOR AGEN A '; ) , BY: ) / AGENDA SECTION NO. ITEM NO. The City Council is requested to authorize the expenditure of $65,000.00 from the TIF (DIST 2) Bond Fund for signals, at Round Lake Boulevard and 140th Lane. MOTION BY TO COUNCIL ACTION SECOND BY , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I . RES. NO. MOTION by Councilman to adopt the following: RESOLUTION ORDERING THE EXPENDITURE FOR THE SIGNAL AT ROUND LAKE BOULEVARD AND 140TH LANE FROM THE TIF BOND (DIST 2). WHEREAS, the city has committed to pay for various improvements in the development of the Shopping Center property. One of the improvements is a signal light at 140th Lane and Round Lake Boulevard; and WHEREAS, the signal meets, warrants and is approved by Anoka County for installation in 1988. NOW, THEREFORE, BE IT RESOLVED by the Andover City Council that the expenditure of $65,~OO.00 for the signal at 140th Lane and Round Lake Boulevard be authorized as Andover's share in the cost of the signals. MOTION seconded by Councilman and adopted by the City day of Council at a Meeting this 19 , with Councilmen voting in favor of the resolution, and Councilman voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor Victoria Volk - City Clerk i \ \ rDATE: January 19, 1988 " ~ ITEMS GIVEN TO THE CITY COUNCIL policy Statement 1987 - Building DepartmpnT Rppnrr Regular City Council Meetinq Minutes - Jan. 5, 1988 ,What I sH:appening Update - MetropoliTan ~i~nificance Ci ty Staff List Land Use Planning Index rn Ril1nraft Land Use Plan Consistency Requirements PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ;I" WHAT'S HAPPENING J~ ***The Waste Abatement Plan needs to be approved. any questions you may want to call Daryl or myself meeting. If you have before the ***George Hoff has a new proposal you should have received. ***Jerry may want to talk about similar house being next to each other. Is changing the exterior adequate or does it have to be a different style completely (Creekridge is the problem area). ***North Central will be installing a gas line up Hanson Boulevard from Andover Boulevard to CASH 20 - the city will be able to get service. The Public Service Building (PW & FD) is on propane so it should be easy to convert from propane to natural gas. City Halls new addition is on propane, so it can also be easily converted, but City Hall is on oil and the conversion will be more involvea-and more expensive. We will get estimates to convert to natural gas for the Public Service Building, City Hall (new), City Hall (old). ***The Mayor and Engineers from Anoka and Andover did meet (Jerry and I would like to discuss this). ~~ CITY of ANDOVER C.~)/h p 1?.(A"lJ To f)Jelrz---o S;iG~ C,C. !1'i~r5 / ti}f- 0 , . MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: James E. Schrants. Administrator n'~rry ~ns~]l. zoning Administrator 15 January 19lHl Comprehensive Flah update - IlJeLLol?vliLQll Significance At the most recent CORONA Meeting, the following materials were received from the Township of Oak Grove and I thought them worth forwarding on to our city Council. If you too feel they are significant, would you please forward them on to the Council in the appropriate manner. 1. Letter from Steve 'Keefe dated November 25, 1987, in regard to Comprehensive Plan Amendment procedures. (Note: the attachment referred to in the letter should have been forwarded to someone at City Hall for review. Its size is great to include in this memo.) 2. Letter from County Commissioner Bob Burman to Steve Keefe dated December 15, 1987 in regard to Metropolitan Significance - Agricultural Preserve. 3. Letter (no date) from steve Keefe in regard to grant monies for Cities who need to update their Comprehensive Plans and Ordinances. 4. Letter dated December 18, 1987 from steve Keefe in regard to Metropolitan Council revisions to the rules to determine if a project is of "metropolitan significance". Note especially some upcoming meetings. 5. Letter from steve Keefe dated January 4, 1988 to Bob Burman ,in response to his letter of December 15, 1987. Note especially the fourth paragraph and the fact that the Metropolitan Council is currently having their legal staff research the implications of the recent Supreme Court decision as it applies to re0ional/local land use coordination (or mandatp) ; /1 d~Z~~ ,d'Arcy .' ~ \~CO\). (,)'1;.\1 ,. . ~, t~/t' Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 '\ j Telephone (612) 291.6359 November 25, 1987 TO: Local Government Contacts and Planners in the Metropolitan Area SUBJECT: New Comprehensive Plan Amendment Procedures The Metropolitan Land Planr~~g Act of 1976 requires that amendments to comprehensive plans of local governmental units be prepared, submitted to the Metropolitan Council and adopted i~ the same manner as the original plans, ~~nnesota Statutes 473.864, subd. 2 (1978). The original guidelines establisr~ng a procedure for Co~~cil review of proposed amendments were adopted in 1981. Because' the nature of plan amendments is changing, the Council has revised its plan amendment proced~es. The new procedures, adopted by the Metropolitan CouncD. on Novel:lber 19, 1987, are enclosed. The primary change with the new procedures is the distinction between major and minor amen~ents. With most local comprehensive pl~~s now more th~~ five years old, com=~ties are begi~~ng to conduct broad-scale reviews of the~ cocprehensive plans. The ori~nal plan amendment review guidelines did not address adequately these types of major amendm~~ts; the new proced~es define thee, require more info~tion from the local governcen~al unit su~tting them and es~ablish an automatic gO-day review for them. In adiition to the changes made regarding major plan amendments, you will also find enclosed a set of checklists which Council staff w~ use in deter--1ning whether a major plan acenCl:lent ~der def<"itions 11-3 is complete. Although eve~ :ajor plan amenCl:lent need not contain all of the types of information . listed on each check:ist, the checklists give ~~.-<ties an idea of what 1s needed to deter=ine both oocpleteness and systec ~pact. The enclosures also contain Information Submission forms for major and minor amendments. Please begin to use these il:!mediately. ~ Should you have any questions regarding the new oomprehensive plan amendment procedures, please contact Pat Pahl, Research & Long-Range Planning, at 291- 6392. (5~~ Steve Keefe Chair :( EnclosUres An Equal Opportunity Employer Office of the County Board of Commissioners I y- .- ".:' : l " . .r ~. ~ J COUNTY OF ANOKA COURT HOUSE ANOKA, MINNESOTA 55303 421-4760 December 15, 1987 :RT C. BURMAN :y Board of Commissioners Mr. Steven Keefe, Chair Metropolitan Council 300 Metro Square Bui Iding St. Paul, MN 55101 Dear Mr. Keefe: Anoka County's relationship with the Metropoli~an Council could be considered reasonable and in some cases exemplary if you consider the responsibilities given to the Metropolitan Council by the Minnesota Legislature. We do, however, have some serious problems relating to land use in the more rural parts of Anoka County. The Metropolitan Council has created prime agriculture or agriculture preserve areas in Oak Grove Township in northern Anoka County. This has been done without a vote of elected officials of Oak Grove or the advice and consent of land owners. This violates people's constitutional rights, is oppressive, and diminishes the value of this land to the owners by significant dollar amounts. My other major concern is the planning and zoning powers of both cities and townships. The Metropolitan Council has arbitrarily and without justification established lot sizes that will cause numerous future problems. I feel these decisions should be made by the local elected officials and not the Metropolitan Council. The Metropolitan Council should give advice and counsel, but not dictate in this matter. I would like the Metropolitan Council to work closely with this group of cities and townships to alleviate related lawsuits in Anoka County, because there are solutions. This will save substantial amounts of private and taxpayers' money by keeping these matters out of court. Metropolitan Significance Rules by the Metropolitan Council are important, however; the bottom line should be the consent of local elected officials, particularly in the private sector. Our country has prospered way beyond any country in the world with a free enterprise system. I propose that you let this competitiveness in business continue. Bob Burman 1129 Viking Blvd. 'N.W. Cedar, MN 55011 Si'ncerety, cc: Elected Officials: East Bethel, Ham Lake, Columbus, Linwood and Oak Grove ..;tll> 1 ~~N c....,- L C~ioNoN ~ /'10 -:o~ TO: LOCAL GOVERNMENTAL UNITS IN THE METROPOLITAN AREA Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612)291-6359 . 0 C ..,+t'--'\ &,l,. ,,~'O1 () 0. \ \:l~\. .. ~ In 1982, the Minnesota State Legislature appropriated $150,000 to help cities, counties and townships-in the Metropolitan Area address Metropolitan Development Guide issues and implement their comprehensive plans. With this appropriation, the Metropolitan Council established the Planning Assistance Loan Program in 1982. The attached revised set of guidelines was adopted by the Metropolitan Council on December 17, 1987. The major features of the program are: 1. Local governmental units (cities, counties and townships) with adopted comprehensive plans and ordinances to implement those plans are eligible to ,apply. 2. Loans are interest-free and may be up to 75 percent of an eligible project I s cost. 3. Loans are for a maximum three-year period, with a payback schedule to be negotiated between the Council and the lendee. 4. The loan program will be re-evaluated every ~hree years, and may be - continued, modified or ended. Please direct any questions regarding the Planning Assistance Loan Program to Lucy Thompson, loan manager, at 291-6381. " S-f:;:;;-/~ Steve Keefe Chair An Equal OpportunitY Employer C~flo c-..) ~ ,,1.itall O~ Co $ ;e. Ql , ~ ~ .. ;....."A. . 'r'...... .~INC1"t\.p~ Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291-6359 rt.,>~~ cY ~~\. .. December 18, 1987 To: Local Government Key Contact People In early November, I sent you a copy of an issues paper outlining the Metropolitan Council's proposed revisions to the rules we apply in determining if a proposed project is of "metropolitan significance." Since then, the Council has received a number of comments on the proposed revisions. These will be considered as we continue our discussions before reporting our proposed changes to the legislature. . b'~ (f'~ This letter is intended to let you know that there will continue to be ample opportunity for comment on the proposed revisions over the next few months. The Council's Metropolitan and Community Development Committee (MCDC) will be discussing the proposed revisions in depth with staff at its regular committee meetings of F~b. 4_and~ March ~and....llt.and, if necessary, on March 31~ You are welcome to participate iIf-airy of these MCDC meetings, or 'l. Feb. 11 Land Use Advisory Committee meeting at which this Council advisory commfttee will continue its discussion of the proposed rules revisions. Public comment on the proposed revisions will be accepted until April 1, 1988. On April 14 and 21, 1988, the MCDC will have its final discussions on the issue, and on April 28t the full Metropolitan Council will preliminarily adopt the proposed reVisions and recommend a proposed publiC hearing date. .. Anyone wishing to participate in any of these meetings, or be informed of future meetings, may contact Council staff at 2~1-6363 to have their name placed on a mailing list for metropolitan si~ ~canc~related mailings and meeting agendas. Copies of the suggested revisions are available from the Council's Data Center and may be obtained free of charge by CRlling ,ql-6464~ In addition to the above-mentioned meetings, you may provide the Council with your opinions of the revisions by either sending written comments to Barbara Sennes~ of our staff, or calling her at 2<)1-6419. ' -.! Sincerely, 0~H- steve Keefe Chair A" Equal OpportunitY Employer January 4, 1988 Metropolitan Co<..,",CII 300 Metro Square BUilding Sevenlh and Robert Streets 51 Paul. Minnesota 55101 , ... .~. . Telepnone (612) 291-6359 '\4,.'N.I\\' Robert C. Burman County Board of Commissioners, Anoka County 1129 Viking Blvd. N.W. Cedar, MN 55011 Dear Mr. Burman: Thank you for your comments regarding metropolitan significance and agricultural preserves. I would like to clarify the Council's role with regard to prime agricultural land or agricultural preserves. The Council does not create these areas; they are defined by local governments at the time the local government prepares and adopts its local comprehensive plan; The Council's role is to encourage local governments to protect productive lands in agricultural use and to discourage urban sprawl in areas without urban services. In the instance of Oak Grove Township, the Council required the town to adopt low densities for residential land in order to receive federal funding for a central sewage system needed to resolve pollution problems in the Lake George area. These problems were created by urban scale development in an area without central sewers. The Council supports concentration of urban development in the serviced area of the region, which avoids the need to extend services on a scattered basis throughout the rural area. We have found this to be the most cost-effective use of taxpayer dollars, which provide much of the funding for sewage collection and treatment. We are aware, however, that the Council perspective on development in the rural area and that of some rural townships is not necessarily the same. In an effort to ensure that Council policies do not create legal issues for communi ties, our 1 egal staff is currently researChing the implications of recent Supreme Court cases, for regional/local land use coordination. I appreciate your comments and I hope that Anoka County will continue, to provide input as the revision of the metropolitan significance rules progresses. Sincerely, ~~/~ Steve Keefe Chair SK/dc cc: Jo Nunn Don Stein, An Equal Opportunlly Employer , ,~fGLI (I; ..5~TE/l/EIV 7. " ' _ "~_ .J1J J ~ .r~' ..:1l'S .5 /t:>."JO ;I/""fr) (' REGIONAL LANDFILL SITING I~, ~,J ~~ /n//( Anoka County selected an invento~ of proposed landfill sites on December 8, 1981, os mandated by the Waste Management Act of 1980, and submitted these sites to the Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council for review and approval. The Metropolitan Council approved three sites: Site D in Oak Grove, Site P in Ramsey, and Site Q in Andover and Coon Rapids. The Metropolitan Council's Solid Waste Management Development Guide/Policy Plan, adopted March 14, 1985, identified a need for landfill capacity in the northern metropolitan area and allocated 3,000 acre feet of landfill capacity to be constructed in Anoka County. Sites P and D are partially located within the boundaries of pre- existing landfills. These landfills are now listed as superfund sites and Site Q is located in the vicinity of two other superfund sites. All of the existing and closed sanitary landfills in Anoka County hove been ploced on the state or federal superfund lists. At the time of approval, the County, the MPCA, and the Metropolitan Council were unaware of the extent of groundwater contamination in Anoka County. Because of these identified pollution problems, the Anoka County Boord is concerned about the possible environmental effects of siting any new landfills in Anoka County. Anoka County is In the process of preparing an environmental impact statement (EIS) for the three inventory sites pursuant to Minn. Stat. 473.833 but may incur superfund liability for the clean-up of the existing landfills adjacent to Sites P and D if the County completes the hydrogeologic investigation for the EIS because the wells or borings could provide a pathway for contaminants to move from one aquifer to another. The projected development costs for constructing a landfill in Anoka County, which has poor soil conditions, could well result in exorbitant tipping fees which will not be competitive with other landfills in the region, and the burden for the construction costs of this . landfill will fall on the taxpayers of Anoka County. Legislation was introduced in 1987 to spread the costs of long- term liability for a regional landfill throughout the rT]etropolitan area but was delayed for interim study. The Metropolitan Council intends to set up a forum for Legislators and County Commissioners to discuss this issue of long-term liability. Anoka County and other metropolitan counties ore moving forward with waste-to-energy facilities and other waste abatement programs that will reduce the need for landfill capacity. The Chairman of the Met Council has been quoted os saying that there is more landfill capacity in the metropolitan area than originally projected, sufficient to satisfy the metropolitan arOOs needs until at least the year 2000. He called into question the appropriateness of siting a landfill in a regional park which would affect Anoka County's Inventory Site a, located within Bunker Hills Regional Pork. Seven years hove elapsed since the enaCtment of the Waste Management Act which established the landfill siting process. The intrinsic suitability reviews addressed the suitability of the sites for mixed municipal solid waste rather than the process residue and ash that will be generated by the waste-ta-energy focilities; which raises the question of whether or not the sites in the landfill inventory are obsolete. The private sector has also expressed on interest in providing the necessary landfill capacity needs for the region. In order to address the issues mentioned above, the Anoka County Board of Commissioners recommends that: I. The Met Council expedite its revIew and revision of its projections for the landfill capacity needed for the region. The Met Council should include in its projections, private ~ sector proposals to avoid any unnecessary expenditures for completion of the Landfill Environmental Impact Statements. 2. The Minnesota Legislature should review the entire question of the siting of new landfills and encourage participation by the private sector. 3. If it is determined that there is a need for public landfill capacity: 0. The Metro Council should fund 011 environmental review costs, including those that many arise because of delays caused by efforts to resolve the previously mentioned issues. b. The Legislature should determine that, if any super fund liability is incurred because of the well drillings necessary for completion of the EIS, the liability will be shared by the region. c. The liability ond costs for siting, developing, operating closing, and taking remedial action at this regional landfill should be borne by the region. .J . '" .. # .. dk-U ~ 1o~:/1:c- $~ q~N~_ ~ REVIEW OF LANDFILL SITING PROCESS AND PROPOSED LEGISLATIVE ACTION REGARDING REGIONAL LANDFILLS / / "// \/; -7<1 (;' . th. Li/i7.-/0--r JVIt ih u' r .2J~7 WHEREAS, Anoka County selected an inventory of proposed landfill sites on Dcccmbcr 8, 1981, as mandated by the Waste Management Act of 1980, and submitted these sites to the Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council for review and approval; and WHEHEAS, the l\1etropolitan Council approved three sites: Site D in Oak Grove Township, Site P in the City of Ramsey, and Site Q in the Cities of Andover and Coon Rapids; and WHEHEAS, the Metropolitan Council's Solid Waste Management Development Guide/Policy Plan, adopted March 14, 1985, identified a need for landfill capacity in the northem metropolitan area and allocated 3,000 acre feet of landfill capacity to be constructed in Anoka County; and WIlEHEAS, Anoka County is concerned because Sites P and D are partially located within the boundaries of preexisting landfills which are now listed as superfund sites and Site Q is located in the vicinity of two other superfund sites; and WHEREAS, all of the existing and closed sanitary landfills in Anoka County have been placed on the state or federal superfund lists; and WHEREAS, at the time of approval, the County, the l\1PCA, and the 1\1etropolitan Council were unawaJ'e of the extent of groundwater contamination in Anoka County; and WHEREAS, the Anoka County Board of Commissioners is concerned about the possible environmental effects of siting any new landfills in Anoka County; and WHEREAS, the Metropolitan Council Chair has called into question the appropriateness of siting a landfill in a regional park, thus affecting Anoka County's Inventory Site Q, located within Bunker l-Iills Regional Park; and ,a \.. -", WllJ:HEi\S, tile projected development costs for constructing a landfill in Anoka County, which has poor soil conditions, could well result in exorbitant tipping fees which w ill not be cornpcti live with other landfills in the region, and the burden for the construction costs of this landfill will full on the taxpayers of Anoku County; und WHEHEAS, legislation introduced in 1987 to spread the costs of long-term liability " for a regional landfill throughout the metropolitan area was delayed for interi m study; and .. WHEREAS, the Metropolitan Council will set up a forum for Legislators and County Commissioners to discuss the issue of long-term liability; and WHEREAS, Anoka County is in the process of preparing an environmental impact statement (ElS) for the three inventory sites pursuant to Minn. Stat. S 473.833; and WH~HEAS, Anoka County may incur superfund liability for the cleanup of the existing landfills adjncent to Sites P and D if Anoka County completes the hydrogeologic investigation for the ErS because the deep wells or borings could provide a pathway for contaminants to move from one aquifer to another; and WHEREAS, the remedial actions needed to clean up the superfund sites in the vicinity of the Anol<a County landfill inventory sites should be initiated before site selection occurs; and WHEREAS, there may be more landfill capacity in the metropolitan area than originally ,projected, sufficient to satisfy the metropolitan area's needs until at least the year 2000; and WIlEllEAS, Anoka County and other metropolitan counties are moving forward with waste-to-energy facilities and other waste abatement programs that will reduce the need for l!1ndfill capacity; and WHEREAS, the intrinsic suitability review addressed the suitability of the sites for mixed municipal soliq waste rather than the process residue and ash that will be generated by the waste-to-energy facilities; and 't...... .A WHEREAS, circumstances have changed in the seven years that have elapsed since the enactment of the Waste Management Act and establishment of the landfill siting process; and WHEREAS, the private sector has proposed to provide the necessary landfill capacity needs for the region: NOW THEREFORE BE IT RESOLVED that the Metropolitan Council expedite its review and revision of its projections for landfill capacity needed for the metropolitan area and include in its projections private sector proposals. ~ BE IT FURTHER RESOLVED that the Minnesota Legislature address the following: f'.ss,eLE. 1. The landfill inventory for the metropolitan area~ould ~released and the development limitation on property located within the inventory s~ should be liftef] 2. Potential liability for completing the environmental impact statement for the landfill inventoryl;hould be addressej1 and LJ~ 3. ~ it is determined that there is a need for public landfill capa;:Y. all liability and all costs for siting, developing, operating, closing and taking remedial action at this regional landfill should be borne by the region. BE IT FURTHER RESOLVED that the Anoka County Commissioners meet with the A.oka Couot, L",i'ta,;.. Dete.a,;o"b"u" the l"ue1,"',ed 10 !hi, '~olu';o. a.d formulate legislation to meet these concerns. BE IT FIN ALL Y RESOLVED that a copy of this resolution be forwarded to the Anoka County Legislative Delegation and the Metropolitan Council. (Herrmann/Cont-2) ij '10 c.c .' LAND USE PLANNING INDEX TO BILL DRAFT Y/e; /~c;j ~ Section 1 Purpose Clause 1 Section 2 Definitions 2 Section 3 Planning Authority 6 Section 4 Director and Staff 7 Section, 5 Planning Commission 7 Section 6 Board of Adjustment 9 Section 7 Joint Advisory Board 13 Section 8 Joint Planning Board 13 Section 9 Preparation, Adoption and Amendment of 14 Comprehensive Plan and Official Controls Section 10 Appeal of Actions of Administrative Official 18 Section 11 Variances 18 Section 12 Interim Ordinance 20 Section 13 Intergovernmental Cooperation 21 Section 14 Nonconformities 22 Section 15 Zoning 23 Section 16 Conditional Use 26 Section 17 Subdivision Regulations 28 Section 18 Extraterritorial Authority 36 Section 19 Official Maps 37 Section 20 Public Hearings 39 Section 21 Filing and Recording 41 Section 22 Enforcement and Penalty 42 Section 23 Judicial Review 43 Section 24 Inconsistent Laws 43 Section 25 Extension of Time for Compliance 44 . 1 2 " 3 4 Section 1. [394A.Ol] [LOCAL GOVERNHENTPLANNING AND DEVELOPMENT: 5 STATEHEN'r OF POLICY.] 6 The legislature finds that local government units are faced with 7 mounting problems in providing means of guiding future development of land 8 so as to insure a safer, more pleasant and more economical environment for 9 residential, commercial, industrial and public activities, to preserve 10 agricultural and other open lands, and to promote the public health, 11 safety, and general welfare. Local government units can prepare, for 12 anticipated change. andy by this preparation bring about significant 13 savings in Soth private and public expenditures. Local government 14 planning, by providing public guides to future action, enables other 15. . public and private agencies to plan thei~ activities in harmony with the 16 local government unit'. plans. Local government planning will assist in 17 developing lands more wisely to serve citizens more effectively, will make 18 the provision of public services less costly, and will achieve a more . 1 .ecure tax b.... It i. the purpose o~ sections ..... to ..... to provide 2 loc.l goveaa.nt units, in a single body of law, with the necessary powers 3 and a unifora procedure for adequately conducting and implementing local 4 government planning. 5 6 Sec. 2. [394A.02] [DEFINITIONS] 7 Subdivision 1. [TERMS.] For the purposes of section ..... to 8 the terms defined in this section have the meanings given to them. 9 Subd. 2. [CAPITAL IMPROVEMENT PROGRAM.] "Capital improvement program" 10 means an itemized multiple year program setting forth the schedule and " 11 details of specific contemplated public improvements by fiscal year, 12 including public improvements in or related to air space and subsurface 13 areas, together with their estimated cost, the justification for each 14 improvement, the impact that the improvements will have on the current 15 operating expense of the local government unit, and other information on 16 capital improvements that may be pertinent. The capital improvements 17 program may be included in the implementation section of the comprehensive 18 plan. 19 Subd. 3. [CITY.] "City" lIeans a statutory or home rule charter city. 20 Subd. 4. [COMMUNITY FACILITIES PLAN.] "Community facilities plan" 21 means a compilation of policy statements, goals, standards, maps and 22 action progr.... for auiding the' future development of the public' or semi- 23 public f.ci1itie. of the local government unit such as public buildings, 24 recreationaL, educational, cultural, and emergency services facilities. 25 Subd. 5. [COMPREHENSIVE PLAN.] "Comprehensive plan" means a statement 26 of goals, objectives, and policies, and.an existing and proposed land use 27 map or maps showing present and future use of land. The plan may include, 28 without limitation, a land use plan, community, facilities plan, . , 2 ----=-c-----. '~ - ---~._-------~--_._------- ----- - -- l' 1 transportation plan, par~ and open space plan, sewer plan, energy plan, , ..' , . ;.. 2 water re.ource plan, .olid wa.te plan, human service. plan, environmental 3 protection plan, growth managellent plan, capital improvement plan, 4 agricultural pre.ervation plan, housing plan, and recommendations for plan 5 execution. 6 Subd. 6. [CONDITIONAL USE.] "Conditional use" mean. a land use that 7 maybe allowed with appropriate conditions or restrictions as provided by 8 official controls upon a finding that (1) certain conditions as detailed 9 in the zoning ordinance exist, and (2) the use or development conforms to 10 the comprehensive land use plan of the county and (3) is compatible with 11 the existing neighborhood. 12 Subd. 7. [EXISTING LAND USE MAP.] "Existing land use map" means a map 13 or drawing which graphically portrays how land is presently being used. 14 Subd. 8. (GOVERNING BODY.] "Governing body" in the case of a city 15 means the council by whatever name known, in the case of a town, means the 16 town board of supervisors, and in the case of a county, means the county 17 board of commissioners. 18 Subd. 9. [LAND USE PLAN.r "Land use plan" means a compilation of 19 policy statements, goals, standards, and maps, and action progr~s for 20 guiding the future development of private and public property, including 21 air space, surface, and sub.urface areaS. The term includes a plan' 22 designating type. of use. for the entire local government unit as well as 23 a specialized plan "showing specific areas or specific types of land uses, 24 such as ag);'ii:ultural, residential, commercial, industrial, public or semi- 25 public uses or any combination of such WleS. 26 _ Subd. 10. [LOCAL GOVERNMENT UNIT.] . ~Local government unit" means a 27 town, home rule charter or statutory city, or county. 2a Subd. 11. [NONCONFORMITY. 1 "Nonconformity" means any legal use, 3 " 1 structure ,or parcel of land already i~ existence, recorded, or authorized 2 before the adoption of'official controls or amendments that would not have 3 been permitted to becolle established under the terms of the official 4 controls as now written, if the official controls had been in effect'prior 5 to the date it was established, recorded or authorized. 6 Subd. 12. [OFFICIAL CONTROL.] 7 .Official control" means an ordinance adopted under sections ..... to 8 that controls the use or physical development of all or part 'of a 9 local government unit including air space, surface, and subsurface areas, 10 or any detail thereof and implements the general objectives of the 11 comprehensive, plan. Official controls may include ordinances establishing 12 zoning, subdivision controls, sanitary codes, and official maps. 13 Subd. l3. [OFFICIAL MAP.] .Official map" meanaamap adopted in 14 accordance with section ..... which may show existing and proposed future 15 streets, roads, highways, par~, schools, and other travel and public 16 . facilities of the local government unit, the area needed for widening of 17 existing streets, roads, and highways of the local government unit, 18 existing and proposed public air space and subsurface areas, and existing 19 and future county state aid highways and state trunk highway rights-of- 20 way. An official map may also show the location of existing and future 21 public land, water, and facilities within the local government unit. 22 Subd. 14. (PLANNED UNIT DEVELOPMENT.] "Planne~ unit development" 23 means developllent consisting generally of similar or mixed land uses and 24 housing types in which densities are calculated on a project-wide basis. . 25 Subd. IS. [PlAT.] .Plat" means the drawing or map of a subdivision 26 .prepared for filing of record under chapter 505 and containing all 27 . elements and requirements set forth in applicable local regulations 2a adopted under section ..... and chapter 505. 4 1- ~ 1 Subd. 16. [PRELIMINARY APPROVAL. J. .Preliminary approval" means 2 official action taken by the local governing body on an application to 3 create a ,subdivision which establishes the rights and obligations set 4 forth in section ..... and the applicable subdivision regulation. In 5 accordance with section ....., and unless otherwise specified in the 6 applicable subdivision regulation, prelimina~ approval may be granted for 7 a preliminary plat or other preliminary subdivision plan establishing 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 without limitation the number, layout, and location of lots, tracts, bloc~, and parcels to be created, location of streets, roada, utilities, park and drainage facilities, and lands to be dedicated for public use. Subd. 17. [PROPOSED LAND USE MAP. 1 "Proposed land use map" means a map or drawing which graphically portrays the desired future public and private use of land. Subd. 18. (REZONING.l "Rezoning. means an amendment to a zoning ordinance which has the effect of changing the zoning district classification of property. Subd. 19. [SUBDIVISION. 1 "Subdivision" means the division of an area, parcel," or tract of land under single ownershi~ into two or more parcels, tracts, lots, or other property interests where the creation of the other property inte~ests necessitates the creation or increased use of streets, 2.6 27 2a roads, alleys, or other public facilities for residential, commercial, ,industrial, or other use or any combination of these uses. Subdivision does not include divisions creating cemetery lots or the adjustment 'of a "lot line by the relocation of a common boundary. Subd. 20. (SUBDIVISION REGULATION. 1 .Subdivision regulation" means an ordinance adopted pursuant to section ..... regulating the subdivision of land. Subd. 21. [TOWN. 1 "Town" means any town, including towns with the 5 ~ 1 powers of a statutory city pursuant to section..... . 2 Subd. 22. [TRANSPORTATION PIAN. 1 "Transportation plan" means a 3 compilation of policy statements, goals, standards, maps and action 4 progr.... for guiding the future development of the various modes of 5 transportation of the local government unit and its environs, such as 6 streets, roada, an~ highways, transit, railroads, air transportation, 7 trucking and water transportation, and may include a thoroughfare plan. . " " Subd. 23. [VARIANCE.] "Variance" means a modific~tion of a 9 development standard of an official controi, as applied to a particular 10 property for the purpose of alleviating unnecessary difficulty that would 11 result froll the strict application of the official controls. 12 Subd. 24. [ZONING, MAP.] "Zoning map" means a map of the local 13 government unit which shows zoning district boundaries and is a part of 14 the zoning ordinance. 15 16 Sec. 3. (394A.03] (PLANNING AUTHORITY. 1 17 Subdivision 1. [STUDIES AND REPORTS. 1 In exercising its planning 18 powers, 'a local government unit lIay collect and analyze data, prepare 19 maps, charts, tables, and other illustrations and displays, and conduct 20 necessary studies. A local government unit may publicize its purpose, 21 suggestions, and finding on planning matters, may distribute planning 22 reports, and...y advise the public on the planning matters within the 23 scope of its duties and objectives. < 24 Subd. 2. (APPROPRIATION AND CONTRACTS.] A local government unit may 25 appropriate moneys from any fund not dedicated to other purposes in order 26, to finance its planning activities. A lo~al government unit'may receive 27 and spend grants and gifts for planning purposes and may enter into 2a contracts with the federal and state governments or with other public or 6 ; 3 4 5 , 7 8 9 10 11 11 ' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 private agencies in furtherance of th~ planning activities authorized by 2 ..ctlona .... to ..... . Subd\' 3. (FEES.] A local government unit may prescribe fees sufficient to defray the cost. incurred by it in reviewing, investigating, and administering, an application for an amendment to an official control or an application for a permit or other approval required under an official control established under sections ..... to ..... . A system shall be prescribed by ordinance, but the ordinance may provide for changing a fee amount by resolution. Sec. 4. [394A.04] [MAY EMPLOY DIRECTOR AND STAFF. 1 To carry out the purposes of sections ..... to the local government unit may employ a planning director and staff as it considers necessary to assist the planning director in carrying out assigned responsibilities, including but not limited to a zoning administrator, sanitary inspector and a building official. The governing body shall designate a person or persons who shall adminster the official controls. The governing body may employ or contract with a planning authority or commission, any agency of the state or federal government, a regional development commission, planning consultants, or other specialists for services it requires. See 5. [395A.05] [PLANNING COMMISSION.] Subdivision 1. [COUNTY PLANNING COMMIssioN. 1 Before exercising the authority granted by this chapter, the county shall by charter or ordinance establish a planning commission composed of not less than five members appointed by the governing body. The county board shall appoint 21 planning commission members to fairly represent rural and urban geographic 7 , 1 areas and population of the county. At least one member of the planning 2 cOlDllissioD shall re.ide in the unincorporated area and one memb.r shall 3 reside in, the incorporated area of the county. Th. manner of appointment 4 and terms of office of the ..embers shall be as provided in the ordinance. 5 Not more than one voting m.mb.r of the' cOllllission shall bea county board 6 member, or an elected or appointed officer, o~ employe. of the county. 7 Not more than on. voting member of the commission shall have received, 8 during the two y.ars prior to appointment, any substantial portion of 9 incom. froll'buaines. operations involving the development or sale of land 10 within the county for urban and urban related purposes. In the ordinance 11 establishing ,the planning commission the board may designate county board 12 memb.rs or employ..s as ex officio members of the cOlDllission. Ex officio 13 lIellbers of the commis.ion are non-voting members. Th. term of office and 14 removal of any member for nonperformance of duty or lIisconduct in office 15 as well a. filling vacancies on the board shall' be a. provided in the 16 ordinance creating the cOlDllission. 17 Subd. 2. (CITY AND TOWNSHIP PLANNING COMMISSION.] B.for. exercising 11 the authority granted by this'chapter, cities, and towns, shall by 19 ordinance or charter establish a planning commission. The number of 20 members, manner of appointment and the terms, conditions, and requirements 21 of office shall be as provided for in the charter or ordinance 22 e.tablishing the commission. Th. gov.rning body may designate i!:self as 23 the planning commi..ion or may appoint other local government officials or 24 employees o~any private citizen as members of the planning commission. 25 Subd. 3. (EXPENSES. ) Th. members of the commission may b. compensated 26 in an amount determined by the governing body, which may include a per 27 diell and necessary expenses to attend meetings of the commission, conduct 2a commission busin..., or attend training ,or educational programs. 8 ~ ~-~- , 1 Subd. 4. [MANDATORY DtrrIES AND RESPONSIBILITIES. 1 The planning 2 commission with the assistance of the planhlng director and other persons 3 employed by and under contract with the local government unit shall 4 prepare and recommend to the governing body for adoption a comprehenSive 5 plan, amendments to the plan, recommendations for plan execution in the 6 form of official controls and other measures and amendments to them. In 7 all instances in which the plannin~ commission is not the final authority, 8 as authorized in subdivision 5, the planning commission shall review all 9 applications for conditional use permits and plans for subdivisions of 10 land and report to the governing body. The commission shall review and 11 make recommendations on other planning related items as requested by the 12 governing body. 13 Subd. S. (ADDITIONAL DtrrIES AND RESPONSIBILITIES.l The governing body 14 may by ordinance assign additional duties and responsibilities to the 15 planning commission including but not restricted to: 16 (1) the conduct of public hearings; 17 (2) the authority to order the issuance of some' or all categories of 18 conditional use permits; 19 (3) site plan review and approval; 20 (4) the authority to approve some or all categories of subdivisions; 21 and 22 (5) the review of comprehensive plans, official controls, and any 23 plana for public land acquisition or development sent to the local 24 government unit for that purpose by another local government unit or any 25 state or federal agency. ~6 27 Sec.. 6 (394A.06] [BOARD OF ADJUSTMENT. 1 28 Subdivision 1. (CREATION.] Yhenever the governing body adopts 9 " 1 official controls it .ha~l at the same, time as the adoption of the 2 controls create a board of adjustment by ordinance. 3 Subd., 2. (BO~ MEMBERS.] The board of adjustment shall consist of at 4 least three but: not more than seven lIembera. The board of adjustment of a 5 county shall include at least one lIember froll the unincorporated area of 6 the county. The appointment, term of office, and removal of board members 7 shall be specified in the ordinance creating the board of adjustment. No 8 elected office~ of the local government unit nor any ,employee of the 9 governing body shall serve as a lIember of the board of adjustment unless 10 the governing body is also the planning commission. If the governing body 11 is also the planning commission, one member of the governing body shall 12 serve on the board of adjustment. One member of the board of adjustment 13 shall also be a member of any planning commission appointed under the 14 provisions of sections ..... to ...... In counties not more than one 15 member of the board of adjustment may also be a member of the planning 16 commission, or in cities and towns the planning commission, or members of 17 it, may serve as the board of adjustment if the governing body is not the 18 planning commission. In an ordinance creating a three member board of 19 adjustment, provisions must be made for one alternate member. The 20 alternate board member shall, when directed by the chair, attend all 21 meetings of the boa~d and participate fully in its activities but shall 22 not vote on any issue unless authorized to do so by the chair. The chair 23 shall authorize the alternate board mellber to vote on an issue when a 24 regular member is absent, physically incapacitated,_abstains because of a 25 possible conflict,of interest, or is prohibited by law from voting on that ~6 issue. Any question of whether a partieular issue involves a conflict of 27 interest sufficient to disqualify a regular board member from voting shall 2a be decided by majority vote of all regular board mellbers except the member 10 -~=4~ 1 who is beins challensed. In the ordinance establishing the board of 2 adjustmenC provision ...y be ..de for removal of any member for 3 nonperformance of duty or misconduct in office and for the filling of 4 vacancies for any unexpired term. The regular and alternate members' of 5 the board of adjustment ..y be paid coiDpensation in an amount determined 6 by ths governing body and may be paid their necessary expenses in 7 attending meetings of the board and in the conduct of the business of the 8 board. 9 Subd. 3. [OFFICERS; PUBLIC RECORD. 1 The board of adjustment shall 10 elect a chair and vice-chair froll among its members and shall appoint a 11 secretary who need not be a member of the board. It shall adopt rules for 11 the conduct of proceedings before it, which may include placing witnesses 13 under oath, questioning witnesses, and accepting written material. The 14 board shall keep a public record of all of its proceedings, including 15 minutes of its meetings, a statement of the facts and the action taken 16 based upon the statement of facts on each matter heard, and the final 17 order. Staff reports and petitions must be included if available. 18 Subd. 4. [HEETINGS.l The' meetings of the board of adjustment shall be 19 held at the call of the chair and at other times that the board may 20 specify in its rules of procedure. 21 Subd. 5. [AU'IHOllITY.l The board of adjustment is authorized to order 22 the issurance of variances, hear and decide appeals froll and review any 23 action taken by any adminstrative official responsible for the enforcement .' 24 of official"controls, order the issuance of permits for buildings in areas 25 designated for future public use on an official map, and perform other 26, duties that are required by the official_~ontrols. In exercising its 27 powers under this subdivision, the board of adjustment shall take into 2a consideration recommendations of the governing body of another local 11 12 1 Sec. 7. [394A.07] [JOINT ADVISORY BOARD. 1 2 Subdivision 1. [CllEATION.l Upon requ..t of a local government unit in 3 the de.ignated area, by resolution pre.ented to the county auditor of the 4 county or counties containing the designated area, a joint advisory board 5 shall be established to review existing and future land use issues 6 affecting the designated area or portion of it identified in the resolution. The board may make recommendations to the governin~ body of any local government unit in the designated area. The number of board 7 8 9 10 11 12 equal nUlllber of members. 13 14 15 16 17 18 19 board. 20 21 Sec. 8. [394A.08] (JOINT PLANNING BOARD. 1 22 Subdivision 1. (CREATION. 1 Upon presentation of a resolution passed 23 by two-thirds of all local government units on the joint advisory board to 24 the county 'auditor of the county or counties containing the designated 25 area, a joint planning board shall be established and authorized to 26, develop plaJUI and land use controls. U~o.n creation of the j oint planning members shall be de~ermined and appointed by the local government units having jurisdiction over any poriton of the designated area or portion of it identified in the resolution. Each local government unit shall have an Subd. 2. (DESIGNATED AREA.] "Designated area" means'in unincorporated areas the area within two mile. in any direction from the corporate limits of a city and in incorporated areas the area within one-quater mile of the corporate limits of the city in which joint land use review or land use control authority is considered necessary as identified in the resolution requesting creation of the jolnt advisory board or the joint planning 27 board, the joint advisory boards are terminated. Representation on the 2a joint planning board shall be the same as the joint advisory board and may 13 1 include the .... lIe.en. 2 Subd. 2, (AUTHORITY.] The joint planning board shall serve as the 3 planning collllission within the de.ignated area for purpose. of sections 4 ..... to ..... ; Adoption and amendment of plan. and official controls 5 and any other board action shall be by r..olution of lIajority of all 6 members of the board. All boerd actions and recommendations must be acted 7 upon by each local government unit represented on the joint planning board 8 within 45 days of receipt of recommendation. If plans and official 9 controls adopted by the board are approved by all local governments 10 represented on the board, plans and ordinances 'currently in effect mUst be 11 revised to r~flect the board'. recommendation. 12 Subd. 3. [DISSOLUTION.] The joint planning board may be dissolved by 13 a resolution adopted by two-thirds of the governments represented on the 14 board and presented to the county auditor of the county or counties 15 containing the designated area. 16 Subd. 4. (STAFFING.] The county shall provide staff, to a.sist the 17 joint advisory board and the joint planning board in carrying out their 18 duties as specified in sections ... and ... unless otherwise agreed by the 19 local government units. 20 21 Sec. 9. [394A.09] (PREPARATION, ADOPTION, AND AMENDMENT OF 22 COMPREHENSIVE PLAN AND OFFICIAL CONTROLS.] 23 Subdivision 1. (PREPARATION AND REVIW.] Before a local government 24 unit may adopt official controls, it must adopt a comprehensive plan in 25 accordance with section..., subdivision 4. The planning commission shall, 26 .prepare the comprehensive plan. In discbarging this duty the' planning 27 commission shall consult with and coordinate the planning activities of 2a departments and agencies of the local government unit to in.ure conformity 14 -----,-~ 1 with and to obtain as.istance in the ~velop..nt and implellentation of the 2 comprehensive plan. In its planning activities the planning commission 3 shall take due cognizance of the planning activities of adjacent units of 4 goverlUllant and other affected public agencies. The planning commission 5 shall periodically review the plan and' recommend amendments whenever 6 nece.aary. 7 Subd. 2. [PROCEDURE FOR RECOMMENDING PLAN ADOPTION AND AMENDMENT. 1 8 The planning commission shall recommend to the governing body the adoption 9 of a comprehensive plan. The plan may be prepared and recommended for 10 adoption in sections, each of which relates to a major subject of the plan 11 or to a major geographical section of the local government unit. Before 12 the planning commission recommends the adoption or amendment of the 13 comprehensive plan or any section of the plan, the notice and public ,14 hearing requirements specified in section..... must be met. 15 Subd. 3. [INITIATION.] Comprehensive plans and official controls and U amendments to the. may be initiated by the governing body or the planning 17 commission. A rezoning amendment may be ,initiated by petition of all of 18 the owners of the subject property. Upon receipt of a petition of 19 property owners a public hearing must be held on the proposal. 20 Subd. 4. -[REFERRAL.] Any proposed comprehensive plan, official 21 control, or amendment to any existing comprehensive plan or official 22 control that i. not initiated by the planning commission must be, referred 23 to the planning commi..ion for study and report. The governing body shall 24 not act upon a proposed comprehensive plan, offi~ial control, or amendment 25 until it has received a written recommendation of ,the planning commission 26 , on,the proposal or until 60 days have elapsed froll the date of the start 27 of the public hearing held on the proposal. 2a Subd. 5. [NOTICE AND pUBLIC HEARING. 1 An official contro,l or 15 .-...__._.__.-_...-.~..~--_......-..--"..~-..._--_.._.---~. 1 compreherwive plan _y not be adopt.d or amended until the notice and 2 public hearing r.quir....nts specifi.d in section ..... are m.t. 3 Subd~ 6. (ADOPTION.] The governing body may by a majority vote of 4 all of its lI.mbers adopt or amend an official control or compreh.nsiv. 5 plan as recomm.nded by the planning coDimission. If a planning commission 6 fails to make a reaommendation within the 60-day period specified in 7 subdivision 4, or if the gov.rning body does not follow the planning 8 commission's recommendation, the governing body lIay, adopt or amend an 9 official control or comprehensive plan only by a two-thirds vote of all of 10 its members. 11 Subd. 7. (AMENDMENT: CERTAIN CITIES OF THE FIRST ClASS.] The 12 provisions of this subdivision apply to cities of the first class. In 13 such cities amendments to a zoning ordinance shall be made in conformanc. 14 with this section but only after there shall have been ,filed in the office 15 of the city cl.rk a wrtten consent of the owners of two-thirds of the 16 several descriptions of real estate situate within 100 feet of the total 17 contlauous descriptions of real estate, held by the same owner or any party 18 purchasing any such contiguoUS property within on. year proceding the 19 request, and aft.r the affirmative vote in favor thereof by a majority of 20 the members of the gov.rning body of any such city. Th. governing body of 21 such city may, by a two-thirds vote of its members, after hearing, adopt a 22 new zoning ordinance without such written consent when.ver the planning 23 commission or planning board of such city shall have made a survey of the 24 whole area df the city or of an area of not l.ss than 40 acres, within 25 which the new ordinance or the amendments or alterations of the existing 1,6, ordinance would take effect when adopted,_ and shall have considered 27 whether the number of descriptions of r.al estate affected by such changes 2a and alteratiorw r.nders the obtaining of such writt.n consent impractical', 16 :;.c'-- - 1_ ~~ 1 and suchplanninl cOlIIIlsslon or plann~nl board shall report in writing as 2 to whether in its opiniont:he proposal. of'ehe governing body in any case 3 ,~re reasonably related to the overall needa of the community. to existing 4 land use. or to a plan for future land use, and shall have conducted' a 5 public hearing on such proposed ordinance, changes or alterations, of 6 which hearing published notice shall have been given in a daily newspaper 7 of general circulation at least once each week for three successive weeks 8 prior to such hearing, which notice shall state the time, place and 9 purpose of such hearing, and shall have reported to the governing body of 10 the city its findings and recommendations in writing. 11 Subd. 8. [COMPREHENSIVE PLAN CONSISTENCY. 1 Official controls adopted 12 under sections ..... to ..... shall implement the purpose, objectives, snd 13 policies of the comprehensive plan. Official controls must be consistent 14 with the comprehensive plan.' Consistent means not allowing land use and 15 development that will prevent the planned land use as designated within 16 specific areas in the comprehensive plan." The governing body's decision 17 as to the timing of the implementation of the comprehensive plan shall not 18 tie the basis for finding an inconsistency between the plan and the 19 official controls. 20 Subd. 9. ~.............] Official controls adopted by a governing 21 body shall apply to and be binding upon the local government unit or any 22 parts of it. Official controls of counties shall also be binding within 23 the boundaries of a city when requested by the city under section 13. 24 Subd. 10. (............1 For the area within which official controls 25 are effective, such controls shall apply to the use of land for both 26 private and public purposes, provided that the need for adequate, timely, 27 and convenient public and semi-public services and facilities must receive 2a due consideration in the formulation, administration, and enforcement of 17 1 all official controls and no land owned or l.a..d by the f.deral or stat. 2 gove~nt shall be .ubject to official control. of any local gov.rnm.nt 3 unit. With re.pect to the use of land for public purpos.s, the provisions 4 of this subdiv18ion .hall not apply in the metropolitan area a. d.scribed 5 in s.ction 473.122. 6 7 Sec. 10. [394A.IO] [APPEAL OF ACTIONS OF ADMINISTRATIVE OFFICIAL.] 8 Any aggrieved person or any official of t~. local government unit may 9 appeal any action tak.n by any administrative official responsible for the 10 enforcement of official controls by filing a notic. of app.al with the 11 board of adjustm.nt within the time sp.cifi.d by the ordinance cr.ating 12 the board of adjustment. The board of adjustm.nt shall set a r.asonable 13 time for the hearing of the app.al and give ten dey.' notice to the 14 appellant, the offic.r from whom the appeal 18 tak.n, and the public. An 15 app.al stay. all proceedings in furtherance of the action b.ing appealed 16 unless the board of adjustment c.rtifi.s that by reason of the facts 17 stat.d in the c.rtificate a stay would caus. immin.nt peril to life or 18 property. The board of adjustment may revers. or affirm wholly or partly, 19 or may modify any action being appeal.d and to that .nd shall hav.'all the 20 powers of the -officer froll whOIl the appeal was tak.n and may direct the 21 iasuance of a permit. The r.a.ons for the 'board's deciaion shall b. 22 stat.d in writing. All appeal, froll an action tak.n by an adminiStrative 23 official mUst be decided within 90 daya of the notice of appeal. . 24 25 Sec. 11. (394A.ll] (VARIANCES.] 26 The board of adjustment shall have the exclusive power to order the 27 issuance of variances froll the terms of any official control including 2a restrictions placed on nonconformiti.s, wh.n strict application of th. 18 f-___ 1 official control would caus. unn.c....ry difficulty. 2 .Unnec...ary difficultY- means that: 3 (1) the property as restricted by the official controls cannot be 4 rea.onably us.d for the intend.d purpos.s, including solar energy systems 5 and earth-sheltered construction; 6 (2) the plight of the applicant is due to circumatances unique to the 7 property; 8 (3) the circumstances were not created by the applicant or another 9 party that has or ha. had in the pa.t an intere.t in the land; and 10 (4) the varianc., if grant.d, will not alter the essential character 11 of the local~ty, will not unreasonably impair the us. or development of 12 nearby property, and will be in k.eping with the spirit and intent of the 13 comprehensive plan and official controls. 14 N.ither acquiring an intere.t in property nor good faith improvement 15 of prop.rty shall constitute circumstance. causing the difficulty. 16 Econollic considerations alone shall not constitute an unn.cessary 17 difficulty if a reasonable us. for the property exists under the terms of 18 the ordinance. No variance may be granted that would allow any use that 19 is prohibited in the zoning di.trict in which the subject property is 20 located. The ,.board of adjWltlllent may impo.e additional restrictions or 21 conditions that it consider. necessary to protect adjacent properties and 22 the public inter..t including, but not limited to, matters relating to 23 appearanc., lighting, hours of operation, environmental protection, and 24 performance characteristic.. When appropriate restrictive covenants may 25 be entered into regarding these matters. Th. conditions necessary for ~6 findinl an unnecessary difficulty constitute the exclusive b.sis for 27 granting a variance and supersede all other requirement., including those 2a in local ordinances and in state agency r.gulations. Variances may b. 19 1 grant.d on a t.mporary b..is. Varianc.. r....in in .ffect and attached to 2 the subject property r.gardless of own.rship, a. long a. the restrictions 3 and condJ,tions attached to the variance are observed. A change in 4 own.rship of property doe. not affect the validity of a variance granted 5 to the property if the conditions necessary for creating an unn.cessary 6 difficulty continue to exist. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2.6 27 28 Sac. 12. [394A.121 [INTERIM ORDINANCE.] If a local government unit is conducting studies or has authorized a study to b. conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a compreh.nsive plan or official controls, or if new territory for which plans or official controls have not b.en adopted is ann.xed to a local government unit, the gov.rning body may adopt an interill ordinance by majority vote of its members applicabl. to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citiz.ns. Th. interill ordinanc. may regulate, restrict or prohibit any use, development, or subdivision within the jur;lsdiction or a portion thereof for a period not to exceed one year froll the date it is" effective, and may be ext.nd.d foradditions1 periods as the local government unit may consider appropriate, not .xce.ding a total additional period of l2 months. No interim ordinanc. ...y halt, delay, or impede a subdivision that baa b.en given pr.lillinary approval, prior to the effective date of the int.rim ordinanc.. Notice and a public hearing are not required for the adoption of an interill ordinance. An interim ordinance must be published within a reasonable tille, but.notwithstanding any law or charter provision to the contrary, is effective upon enactment. 20 1 Sec. 13. (394A.13] (INTERGOVERNMENTAL COOPERATION.] 2 Subdivision 1. [PLANNING AND ZONINGSEllVICES.l The governing body of 3 a local government unit may contract with the governing body of another 4 local government unit for planning and zoning services, including 5 preparation of a comprehensive plan and official controls. The contract , may provide that the local government unit shall pay fees for the services 7 performed. 8 Subd. 2. (JOINT PLANNING ACTIVITIES. 1 The contract between local 9 government units may provide among other things for joint planning 10 activities, or it may designate the governing body of one local government 11 unit as the p~anning co_ission for another local government unit. 12 Subd. 3. (RElATIONS WITH TOWN.] The governing body of any town may 13 continue to exercise the authority to plan and zone as provided by law, 14 but after the adoption of official controls for a county or portion of it 15 by the board of county commissioners no town shall enact or enforce 16 official control. inconsistent with or le.. restrictive than the standards 17- prescribed in the official controls adopted by the board. "Inconsistent" 18 has the meaning given to it in Section 24. Nothing in this section shall 19 limit any town's power to adopt official controls, including shoreland 20 regulations which are more restrictive than provided in the controls 21 adopted by the county. Upon the adoption or amendment of any official 22 control., the governing body of the town shall file a certified c.opy with 23 the county recorder or registrar of title. for record. A certified copy 24 of any officIal controls'of any town which are in effect on August l, 1974 25 shall also be filed by the governing body of the town with the county 26 recorder or registrar of titles for recor~ within one year from August 1, 27 1974. 2a The board of supervisor. of any town which has adopted or desires to 21 1 adopt building and zoning regulations and restrictions pursuant to law 2 shall have the authority granted the governing body of any city as 3 provided 10 sectIon ....... 4 5 Sec. 14. [394A.l4] [NONCONFORKITIES] , Subdivision 1. [AUTHORITY TO CONTINUE. ] Any nonconformity in.:luding 7 the lawful \18e or occupancy of land or premises existing at the time of 8 the adoption of an official control may be continued, ,except as regulated, 9 terminated or acquired by the governing body as provided in subdivisions 2 10 or 3, although the nonconformity does not conform to the provisions of the 11 official cont~ols, but if the nonconformity is discontinued for a period U ' of more than one year, or any nonconforming building or structure is 13 destroyed by fire or other peril to the extent of 50 percent of its market 14 value, any subsequent use or occupancy of the land or premises must 15 conform to the terms of the official controls. 16 Subd. 2. (ELIMINATION.] The governing body may by ordinance adopt 17 reaulations not contrary to law that it c;onsiders desirable or necessary 18 to classify, regulate and control, reduce the number or extent of and 19 provide for the gradual elimination of nonconformities and occupancies, 20 including requlrinl nonconformit1es to conform with the official controls 21 of the local government unit orterminste within a reasonable time as 22 specified In the official controls. The governing body may by ordinance, 23 impose upon nonconformities additional regulations relating to appearance, 24 signs, lighting, hours of operation and other aesthetic performance 25 characteristics in~luding but not limited to noise, heat, glare, 26 ,vibrations and smoke. 27 Subd. 3. (ACQUISITION. 1 A nonconformity that is determined by the 2a governing body to be detrimental to the achievement of the goals and 22 ~ ~ 1 objective. of the comprehendve plan QY be acquired by the governing body 2 by purchase. 3 4 5 Sec. lS. (394A.15] (ZONING. 1 Subdivision l. (AUTHORITY. 1 A local government unit may adopt zoning 6 ordinances regulating air space, surface, and subsurface areas for the 7 purpose of promoting the public health, safety, morals, and general 8 welfare. 9 Subd. 2. (ZONING DISTRICTS. 1 The ,regulations adopted under this 10 section may divide the surface, air space, and subsurface areas of the 11 local government unit into districts or zones of suitable numbers, shape 12 and area. The regulations within each district shall be uniform for each 13 class or kind of buildings, structures or land and for each class or kind' 14 of use. Regulations in one district lIay differ from those in other 15 districts. 16 Subd. 3. (TYPE OF REGULATION. 1 A local government unit may establish 17 standards and procedures regulating the use of land including: 18 (a) The use of air space; surface, subsurface, and water surface 19 areas for trade', industry, residence, recreation, agriculture, 20 transportation, forestry, soil conservation, water supply conservation, 21 surface water, drainage and removal, conservation of shorelands as defined 22 in section 105.485, or other purposes. Zoning controls may also be 23 applied for the purposes of historic preservation, as defined in section 24 471.193, ~~ricultural land preservation, as defined in section 40A.05, 25 wetlands preservation, open space, parks, sewage disposal, protection of ~" ,ground water, protection of flood plain., as defined in section 104.02, 27 protection'of wild scenic or recreational rivers, as defined in section 28 104.33, protection of slope, soils, unconsolidated materials or bedrock 23 1 froll potentially damaging developllent, preservation of forests, woodlands, 2 and e..enti.1 wildlife 'habitat, reclamation of non-metallic mining lands, 3 and the prot.ction and encouragement of access to direct sunlight for 4 solar energy syste.... 5 (b) The design of structures including the location, height, width, 6 bulk, type of foundation, number of storie., and size; the percentage of 7 lot which ...y b. occupied, the size of yarda and other open spaces, and 8 setbacks froll roads, streets, and highways that are existing or designated 9 on an official map; the density and distribution of population; the uses 10 of buildings and structures for trade, industry, residence, recreation, 11 public activities, and other purposes: measures necessary to protect the 12 public interest including controls relating to appearance, signs, 13 lighting, traffic hours of operation, and other .esthetic or performance 14 characteristics including noise, heat, glare, vibrations, and smoke: and 15 the area required to provide for off-street loading and parking 16 facilities. 17 No regulation may prohibit earth-sheltered construction as defined in 18 sectionll6J.06, subdivision 2, or manufactured homes built in conformance 19 with sections 327.3l to 327.35 that comply with all other zoning 20 ordinances adopted under this section. 21 Subd. 4. [LICENSED RESIDENTIAL FACILITY. 1 It is the policy of this 22 state that handicapped persons and children should not be excluded by 23 zoning ordinances or other land use regulations from the benefits of .' 24 normal residential surroundings. For purposes of this subdivision, 25 "person" means an adult who is handicapped by reaso~ of age, mental 26 retardation, mental illness, chemical dep~ndency, or physical handicap: a 27 child, whether handicapped or not: and for the purposes of adult day care, 2a adult foster care, and supportive living residences, an adult who is 24 1 functionally impaired. 2 (a) A licenaed residential facility serving six or fewer persons or a 3,~icenaed day care facility serving 12 or few persons shall be considered a 4 permitted single family residential use of property for the purposes of 5 zoning. 6 (b) Unless otherwi.e'provided in any local government unit zoning 7 regulation as authorized by this subdivision, a licensed residential 8 facility serving froll 7 through l6 persons or a licensed day care facility 9 serving froll 13 through l6 person. shall be considered an allowed 10 multifamily residential use of property for purposes of zoning. A local 11 government unit zoning authority may require a conditional use permit in 12 order to assure proper maintenance and operation of a facility, provided 13 that no conditiona shall be imposed on the facility which are more 14 restrictive than those imposed on other conditional uses of residential 15 property in the same district, unless the additional conditions are 16 necessary to protect the health and safety., of the residents of the 17 residential facility. Nothing in this subdivision shall be construed to 18 exclude or prohibit residential or day care facilities from single family 19 districts if otherwise permitted by a local zoning regulation. 20 Subd. 5 [REZONING.} Conditional rezoning is prohibited. If ~n 21 amendment to a zoninl ordinance constitute. rezoning, the governing body 22 may not impose conditions or special restrictions on the use or 23 development of the property as a requirement of the,rezoning. 24 Subd. 6: (IMPACT FEE.] A local government unit may collect an impact 25 fee when a buildinJ permit is issued for projects not requiring 26" subdivision approval. Fees paid shall be placed in a special fund to be 27 used only for the public purposes specified in section..., subdivision 3. 2a 25 1 Sec. 16. [394A.16] [CONDITIONAL USE.] 2 Subdivision 1. [AUTHORITY. 1 The governing body may by ordinance 3 designate, ce~tain type. of land use and certain land development 4 activitie., aa conditional USe. under zoning reaulat1ons. Conditional 5 uses may be approved upon a showing by an applicant that standards and 6 criteria stated in the ordinance will be satisfied. The standards and 7 criteria shall include the general requirellents for all conditional uses a and, insofa~ as p~acticable, requirements specific to, each designated 9 conditional use. All standards and criteria shall be stated in 10 quantitative terms when practicable. 11 Subd. 2. [PROCEDURES. 1 Conditional use permits shall be issued by the 12 officer administering the official controls only upon the order of the , , 13 planning commission or the governing body as designated by ordinance as 14 the approval authority for one or more categories of conditional uses. In 15 cases where the planning commission is not the designated approval 15 authority, the application for a conditional use shall be referred to the 17 planning commission for review and the governing body may not make a 18 decision on the appl1cation until it has received the planning 19 commission's written recommendation or until 60 days have elapsed after 20 the date of the referral. If the planni,ng commission makes a written 21 recommendati,on, the recommendation shall be binding on the governing body 22 unle.. the goveming body by a two-thirds vote of all of its members 23 elects otherwise. The designated approval authority shall make a decision . 24 and issue an order within 120 days after commencement of the public 25 hearing unless an environmental impact statement or environmental 26 assessment worksheet is required by sectipn......., in which "case the 27 application shall be preliminarily approved within 30 days after final 2a approval of the environmental impact statement or environmental assessment . .', 26 1 worksheet the review period may be ext.nded if agreed to by the applicant. 2 The date tha~ the applicafion is received 'by the office of the person 3 charged with enforcing the zoning ordinance shall be construed as the date 4 of subllission. A copy of the order shall be mailed to the applicant. 5 Public hearings shall be held as required in section ....... In the order 6 for issuance of a conditional use permit the designated approval authority 7 may impose additional restrictions or conditions that it considers 8 necessary to protect adjacent properties and the publ~c interest, 9 including but not limited to matters relating to appearance, lighting, 10 hours of operation and performance characteristics. When appropriate, 11 restrictive cOVenants may be entered into regarding these matters. 12 Subd. 3. (DUBATION.l A conditional use permit shall remain in effect 13 for so long as the conditions agreed upon are observed, provided that 14 nothing in this section shall prevent the governing body from enacting or 15 ..ending official controls to make an approved conditional use a 16 nonconformity and subject to additional requirements. Conditional use 17 permits, once granted, remain attached to the subject property regardless 18 of ownership. If the conditional use has been discontinued or not put in , 19 place for 12, months or more the permit lapses. An amendment to the 20 original conditional use permit may be required for expansion of or 21 changes to . conditional Wle. The requirements for obtaining a 22 conditional Wle permit must be met before an amendment to a conditional 23 use permit may be granted. 24 Subd. 4. [REVIEW. 1 All decisions by the designated approval authority 25 to grant or deny a conditional use permit shall be final, except that any ~ aggrieved person, or any official, department, board, commission, or 27 political subdivision of the state may, within 30 days of notice of the 28 decision, appeal as provided in section 6, subdivision 7. 27 1 2 Sec. 17. [394A.17]' [SUBDIVISION REGULATIONS. 1 3 Subdivision 1. [AUTHORITY. 1 To protect and promote the public 4 health, safety, and general welfare, to provide for the orderly, economic, 5 and safe development of land, to preserve agricultural lands, to promote , the availability of housing affordable to persons and families of all 7 income levels, and to facilitate adequate provision for transportation, 8 water, sewage, storm drainage, schools, parks, playgr~unds, and other 9 public services and facilities, a local government unit may by ordinance 10 adopt subdivision regulations establishing standsrds, requirements, and 11 procedures for the review and approval or disapproval of subdivisions. 12 The regulations may contain varied provisions respecting, and made 13 applicable only to, certain classes or kinds of subdivisions. The 14 regulations shall be uniform for each class or kind of subdivision. 15 Subd. 2. (TERMS OF REGULATIONS.] The standards and requirements in 16 the regulations may address without lillitation: the size, location, 17 grading, and improvement of lots, structures, public areas, streets, 18 roads, trails, walkways, curbs and gutters, water supply, storm drainage. 19 lighting, sewers"electricity, gas, and other utilities: the planning and 20 design of sites: access to solar energy: and the protection and 21 conservation of agricultural lands, flood plains, shore lands, soils, 22 water, vegetatlon, energy, air quality, and geologic and ecologic features 23 and access to direct sunlight for solar energy systems. The regulations 24 shall requite that subdivisions be consistent with the official map, 25 zoning ordinance, and other official controls of the local government 26 unit. 27 za The regulations may prohibit and restrict air ~pace, surface, and subsurface development and may prohibit certain classes or kinds of 28 -' 1 subdivi.ions in designated are.. where prohibition is consistent with the 2 comprehensive plan and'th.purposes 'of this'nction, particularly the 3 preservation of agricultural lands. The regulations may prohibit, 4 restrict or control development for the purpose of protecting and assuring 5 access to direct sunlight for solar energy systems. The regulations may , pr.ohibit the issuance of building permits for any tracts, lots, or parcels 7 for which required subdivbion approval has not been obtained. 8 The regulations may permit the local government unit to condition its 9 approval on the construction and installation'of sewers, streets, 10 electric, gas, drainage, and water facilities, and similar utilities and 11 improvements or alternatively, on the receipt by local government unit of 12 a cash deposit, certified check, irrevocable letter of credit, or bond in 13 an amount and with surety and conditions sufficient to assure the local 14 government unit that the utilities and improvements will be constructed or 15 installed according to the required specifications. The regulations may 16 permit the local government unit to condition its approval on compliance 17 with other requirements reasonably related to the provisions of the 18' regulations and to execute development contracts containing the terms and 19 conditions of approval. 20 Subd. 3. ,,(DEDICATION.] The regulations may require that before a 21 subdivision is filed . reasonable portion of any proposed subdivision will 22 be dedicated to the public or preserved for public use as streets, roads, 23 sewers, electric, gas, and water facilities, storm water drainage and 24 holding areas or ponds, parks, playgrounds, trails, or open space, and 25 sillilar utilities and improvements. When establishing the portion to be 26 dedicated, the regulations may consider.~he open space, park; 27 recreational, or common areas and facilities which the applicant proposes 2a to reserve for the subdivision. The local government unit. must reasonably 29 1 determine that a. a result of approval of the subdivision it is necessary 2 to acquire that portion of land for the purposes stated in this paragraph. 3. For part or all of the portion required to be dedicated to public uses 4 or purposes the local government unit may choose to accept an equivalent 5 amount in cash froll the applicant based on the fair market value of the , land no later than at the time of final approval, with payment to be made 7 after final approval but before filing of the subdivision. The local 8 government unit shall place all cash payments in a special fund to be used 9 only for the purchase or improvement of property for the purposes for 10 which the money was obtained. 11 If dedication of property is requir~d, the local government unit 12' approving the plan must accept the dedication by resolution or arrange by 13 contract for another local government unit to do so. The dedicated 14 property must be accepted by resolution of the receiving local government 15 before the subdivision'plan may be filed for recording. Dedication is 16 effective when the subdivision plan is filed for recording. 11 Subd. 4. (PLATTING. ] The regulations may require that any 18 subdivision creating parcels, tracts, or lots, shall be platted. The 19 regulations shall require that all subdivisions which create five or more 20 lots or parcels which are 2-1/2 acres or less in size shall be platted. 21 The regulations shall not conflict with the provisions of chapter 505 but' 22 may address subjects similar and additional to those in that chapter. 23 Subd. 5. [REVIEW PROCEDURES.] The regulations shall include " 24 provisions regarding the content of applications for proposed 25 subdivisions, thel'reliminary and final review and ~pproval or disapproval 26. of applications, and the coordination o~ reviews with affected political 27 subdivisions and state agenc1eD. The regulations may provide for the 2a consolidation of the preliminary and final review and approval or 30 1- 1 disapproval of subdivisions. prelillinsry or final approval may be granted 2 or denied for part. ofsubdivia1on applications. The regulations may ,3 provide for delegating the authority to approve or disapprove applications 4 for SOli. or all categories of subdivisions to the planning cOllllission or 5 to the p.rson or persons designated to administer the official controls. 6 Notice and public hearing requirements specified in s.ction....... must be 7 met before preliminary approval may be granted for any subdivision 8 application. A subdivision application shall be preltminarily approved or 9 disapproved within 120 days following the commencement of the public 10 hearing, unless an environmental impact study or environmental assessment 11 worksheet is required by s.ction......., in which case the application 12 shall be preliminarily approved within 30 days after final approval of the 13 environmental impact study or environmental as.essment worksheet the 14 review period may be extended if agreed to by the applicant. 15 If the local governing body or the responsible agency of the local, 16 government unit fails to preliminarily approve or disapprove an 17 application within the review period, the application shall be considered 18 preliminarily approved, and upon demand the local government unit shall 19 execute a certificate to that effect. Following preliminary approval the 20 applicant may request final approval by the local government unit, and the , 21 local government unit shall certify final approval within 60 days if the 22 applicant has complied with all conditions and requirements of applicable 23 regulations and all conditions and requirements upon which the preliminary 24 approval is expressly conditioned either through performance or the 25 execution of appropriate agreements assuring performance. If the local 26 government unit fails to certify final approval as required, and if the 27 applicant has complied with all conditions and requirements, the 2a application shall be considered finally approved, and upon demand the 31 1 local government unit shall execute a certificate to that effect. After 2 final approval a subdivision may be filed or recorded. 3 When a subdivision to which the regulations of the local government to 4 not apply is presented to the local government unit, the chief 5 administrator of official controls shall certify within ten days that the S subdivision regulations of the local government unit do not apply to the 7 particular division. 8 Subd. 6. [EFFECT OF SUBDIVISION APPROVAL. 1 For (me year following 9 preliminary approval and for two years following final approval, unless 10 the subdivider and the local government unit agree otherwise, no amendment 11 to a comprehensive plan or an official shall apply to or affect the use, 12 density, lot size, lot layout, or dedication or platting required or 13 , permitted by the approved application. The local government unit may 14 extend the one-year period by agreement with the subdivider and subject to 15 all applicable performance conditions and requirements, or it may require 16 submission of a new application unless substantial physical activity and 17 investment has occurred in reasonable reliance on the approved application 18 and the 'subdivider will suffer substantial financial damage as a 19 consequence of a requirement to submit a new application. In connection 20 with a subdivi.ion involving staged development or a planned unit 21 developllent, a local government unit may by resolution or agreement extend 22 the period to longer than two years as it determines to be reasQnable and 23 appropriate. 24 Subd. 7. (DISCLOSURE BY SELLER: BUYER'S ACTION FOR DAMAGES.] A 25 person conveying ~ new parcel of land which, or the plat for which, has 26 'not previously been filed or recorded, and... which is part of or would 27 constitute a subdivision to which adopted subdivision regulations apply, 2a shall attach to the instrument of conveyance either: (1) recordable 32 1:-- - - 1 certification by the person or persons,de.ignated to administer the 2 official controla that,the'subdivlsionregulation. do not apply, or that 3 the subdivision has been approved, or that the restrictions on the 4 division of taxe. and filing and reco~ding have been waived by resolution 5 of the governing body of the localgovel'nlllent unit in this case because 6 compliance will create an undue burden and failure to comply will not 7 interfere with the purpose of the regulations; or (2) a statement which 8 'names and identifies the location of the appropriate, local government 9 unit offices and advises the grantee that subdivision and zoning 10 regulations may restrict the use or restrict or prohibit the development 11 of the parcel, or construction on it, and that the division of taxes and 12 the filing or recording of the conveyance may be prohibited without prior 13 recordable certification of approval, nonapplicability, or waiver from the 14 governing body. In any action commenced by a buyer of a parcel against 15, the seller, the misrepresentation of or the failure to disclose material 16 facts in accordance with this subdivision shall be grounds for damages, 17 invalidation of the sale, or both. If the buyer establishes his right to 18 damages, sale invalidation, or both, a district court may, in its 19 discretion also 'award to the buyer an amount sufficient to pay all or any 20 part of the costs incurred in maintaining the action, including reasonable 21 attorney fees, and an amount for punitive damages not exceeding five 22 percent of the purchase price of the land. 23 Subd. 8. [RESTRICTIONS ON FlUNG AND RECORDING CONVEYANCES. 1 In a 24 local gove~nment unit in which subdivision regulations are in force and 25 have been filed or recorded as provided in this section, no conveyance of l' land to which the regulations are applioable shall be filed or recorded, 27 if the land is described in the conveyance: 2a (a) by metes and bounds, unless the person or persons de.ignated to 33 1 administer the official controls has~ertified that the conveyance has 2 resulted in an approved subdivision: 3 (b) by. xeference to an unapproved registered land survey made after 4 April 21, 1961: or 5 (c) by reference to an unapproved plat lIade after the regulations 6 becolle .ffective. Subdivision 8 does not apply to a conveyance if the 7 land described: 8 (1) was a separate parcel of record on April 1, 1945" or on the date 9 of adoption of subdivision regulations under Laws 1945, Chapter 287., 10 whichever is the later, or on the date of the adoption of subdivision 11 regulations under a home rule charter: 12 (2) was the subject of a written agreement to convey entered into 13 prior to this time: 14 (3) was a separate parcel of not less than 2-1/2 acres in area and 150 15 feet in width on January 1, 1966: 16 (4) was a separate parcel of not less than five acres in area and 300 17 feet in width on July l, 1980: 18 (5) 'is a single parcel of 'commercial or industrial land of ,not less 19 than five acres and having a width of not less than 300 feet and its 20 conveyance does not result in the division of the parcel into two or more 21 lots or parcels, anyone of which is less than five acres in area or 300 22' feet in width: or 23 (6) i. a single parcel of residential or agricultural land of not les. . 24 than 20 acres and having a width of not leu than 500 feet and its 25 conveyance does not result in the division of the parcel into two or more 26 lots or parcels, anyone of which is les_.than 20 acres in area or 500 27 feet in width. 2a In any ca.e in which compliance with these restrictions will create an 34 -. ~---=-' ~-r'-=-- 1 undue burden and failure to coaaply doe. not interfere with the purpose 2 of the .ubdivision regulations, the governing body may waive compliance by 3 resolution'and the conveyance may then be filed and recorded. Any owner 4 or agent of the owner of land who convey. a lot or parcel in violation of 5 the provisions of thb subdivision shall pay to the local government unit '6 a fine of not'le.. than $100 for each lot or parcel so conveyed. A local 7 government unit may enjoin the conveyance or may recover the fine by a 8 civil action in any court of coaapetent jurisdiction. 9 Subd. 9. [PERMITS.] Except as otherwise provided by this section all 10 electric and gas distribution lines or piping, roadways, curbs, walks and 11 other similar ,improvements shall be constructed only on a street, alley, 12 or other public way or easement which i. dellignated on an approved plat, 13 or properly indicated on the official lIap of the local government unit, 14 or which has otherwise been approved by the' governing body. When a local 15 government unit has adopted an official lIap, no permit for the e>:"ction of 16 llny building shall be issued unless the building is to be located upon a 17 parcel of land abutting on a street or highway which has been designated 18 upon an' approved plat or on the official map or which has been otherwise 19 approved by the governing body, and unless the buildings conform to the 20 'established bqilding line. This limitation on issuing permits shall not 21 apply to planned unit developments approved by the governing body under 22 it. zoninS ordinance. No permit shall be issued for the construction of a 23 building on any lot or parcel conveyed in violation of the provisions of 24 this section. 25 Sub. 10. [VACATION.) The governing body may vacate any publicly ~6- owned utility, easement, boulevard resewe, or any portion of the utility, 27 easement, or reserve that is not being used for sewer, drainage, electric, 28 telegraph, teleph~ne, gss and steam purpose. or for boulevard reserve 35 1 purpose., in the s.... manner as vac.t~on proceedings are conducted for 2 street., alley. and other public way. under a home rule charter or other 3 provisions of law. 4 A boulevard re.erve lIeans an easement e.tablished adj acent to a 5 dedicated street for the purpo.e of establishing open space adjacent to , the street and which area is designated on the recorded plat as "boulevard 7 reserve". 8 Sub. 11. [PlAT APPROVAL UNDER OTHER LAWS. 1 Nothing in this section 9 is to be construed as a lillitation on the authority of local government 10 units which have not adopted subdivision regulations to approve plats 11 under any other provision of law. 12 Sub. l2. [UNPlATTED PARCELS.] Subdivision regulations of a local 13 government unit may apply to parcels which are taken froll existing parcels , 14 of record by metes and bounds descriptions, and the governing body or 15 building authority lIay deny the issuance of building permits to any 16 parcels so divided, pending compliance with subdivision regulations. 17 Sub. 13. (LIMITATIONS.] Nothing in this section shall be construed 18 to require a local government unit to regulate subdivisions or to regulate 19 all subdivisions which it is authorized to regulate by this section. 20 21 Sec. 18. (394A.18] (EXTRATERRITORIAL AUTHORITY. 1 22 Subdivision l. [ZONING REGULATIONS.] A city may by ordinance extend i i I ,I I 23 the application of its zoning regulations to unincorporated territory . 24 located with1n up to two miles of its lillits in any direction, but not in 25 a county or town that has adopted zoning regulations which include that 26 territory. If two or more noncontiguous ~ities have boundad'es less than 27 four miles apart, each is authorized to control the zoning of land on its, 28 side of a line equidistant between the two noncontiguous cities unless a 36 I~ ,14 15' 16 17 1 town or county ha. adopted zoning regulation. for that territory. Any 2 city may thereafter enforce the regulations in the area to the same extent as if the property were situated within its corporate limits, until the 4 county, or town, adopt. zoning regulations that includes the area. 3 5 Subd. 2. [SUBDIVISION REGULATIONS.] A city may by resolution extend 6 the application of its subdivision regulations to unincorporated territory located within up to two mile. of its limits in any direction but not in a town or county which has adopted subdivision regulations that include that 7 8 9 10 11 12 territory; provided that where two or more noncontiguous cities have boundaries less than four miles apart, each is authorized to control the subdivision qf land on its side of a line equidistant between the two noncontiguous cities unless a town or county has adopted subdivision 13 regulations for that territory. Any city may thereafter enforce the regulations in the area to the same extent as if the property were, situated within its corporate limits, until the county or town adopts zoning regulations that include the territory. 18 Sec. 19. [394A.191 [OFFICIAL MAPS.] 19 Subdivision 1. [STATEMENT OF PURPOSE. 1 Land that is needed for 20 'future street-and highway purposes and as sites for other necessary public 21 22 facilities and service. is frequently diverted to nonpublic uses which could have been located on other lands without hardship or inc~nvenience 23 to the owner.. When this happens, public use. of land may be denied or 24 . . maybe obtained later only at a prohibitive cost or at the expense of 25 dislocating the owners and occupants of the land. Identification on an 26 official map of land needed for future public uses permits both the public 27 and private property owners to adjust their building plans equitably and 28 conveniently before investment. are made which will make such adjustments 37 1 difficult to accompliah. 2 Subd. 2. (ADOnIOH.] After the local government unit haa adopted a 3 comprehensive plan, it may adopt an official map covering the entire local 4 government unit or' any portion of it. The governing body may adopt and 5 amend the official map only after the notice and public hearing 6 requirements specified in section ...... arellet. The official map or 7 mapa shall be prepared in sufficient detail to permit the establishment of 8 the future acquisition lines on the ground, p~ovided, that a survey by a 9 registered land surveYOr, at the expense of the local government unit or 10 the state, shall be necessary only upon application for a building permit 11 or upon initiation of condemnation proceedings. When a survey is 12 required, the accuracy of the future acquisition line. shown on the 13 official map shall be attested to by a registered land surveyor. A copy 14 of the official map shall be furnished to the city or town clerk of each 15 affected local government uni~. 16 Subd. 3. (EFFECT.] After an official map has been ,adopted and filed, 17 the issuance of building permits by the local government unit shall be 18 subject to the provisions of this section. Whenever any street or highway 19 is widened or improved or any new street is opened, or interests in lands 20 for other public purposes are acquired by the local government unit, it is 21 not required to pay for any building or structure placed without a permit 22 or in violation of conditions of a permit within the limits of'the mapped 23 street or highway or outside of any building line that may have been 24 estab1ished"upon the existing street or highway within any area thus 25 identified for public purposes. The adoption of an official map does not 2' '. give the local government unit any right! title, or interest ,in areas 27 identified for public purposes, but the adopted of the map does authorize 28 the local government unit to acquire the.e interests without paying 38 I i I r I ~-J 1 compensation for building. or structure. erected in area. without a permit 2 or in violation of the' conditions of a'pe~it. 3 Subd. 4. (APPEALS FROM OFFICIAL HAP.] If a permit for a building in 4 a location reserved for future public use is denied, the board of 5 adju.tment shall have tha power, upon the filing of an appeal by the owner 6 of the land to grant a permit for building in the location in any case in 7 which the board finda, upon the evidence and arguments presented that: 8 (1) the entire property of the appellant of which the area identified for 9 public purposes forms a part cannot be put to a reasonable use by the 10 owner unless the a permit is granted, and (2) balancing the interest of 11 the local government unit in preserving the integrity of the official map 12 and the interest of the owner of the property in the use of the property 13 and in the benefits of ownership, the grant of the permit is required by - 14 considerations of jWltice and equity. Before reaching a decision on the 15 appeal, notice and public hearing requirements specified in section ...... 16 must be met. If the board of adjustment authorizes the issuance of a 17 permit the board shall have six months froll the date of the decision of 18' the board of adjustment to institute proceedings to acquire the land or 19 interest, and if no proceedings are started within that time, the officer 20 responsible shall issue a permit if the application otherwise conforms to 21 local ordinance.. The board shall specify the exact location, ground 22 area, height and other details as to the extent and character of the 23 building for which the permit is granted. 24 25 Sec. 20. [394A.201 [PUBLIC HEARINGS.] Z6 . Subdivision l. (WEN HELD. 1 Publica hearings shall be held before the 27 adoption or amendment of any comprehensive plan or any section of a 28 comprehensive plan and any official control, and before the approval or 39 1 denial of any conditional use permit, variance, or subdivision plan, and 2 in circumstance. where, a public hearing is otherwise required by sections 3.. ...... to ....... A, public hearing for a conditional use permit, 4 variance, subdivi.ion proposal, or an amendment to an official control 5 must be held within 75 days following the delivery by the ,applicant to the 6 local government unit of an application completed in compliance with the 7 requirements in the official controls, unless an extension has been agreed 8 to by the applicant. The public hearings may be continued from time to 9 time and additional hearings may be held. 10 Subd. 2. [NOTICE.] Notice of the tille, place and purpose of any 11 publlc hearing required by this section shall be given by publication in 12 the official newspaper of the local government unit and in a newspaper of 13 general circulation in the concerned local government unit at least ten 14 days before the hearing. Written notice of public hearings held by the 15 county on all official controls and amendments to thell shall be sent to 16 the governing bodies of all local government units located within the 17 county. Written notice of public hearings regarding the application of l8 official controls to specific properties, including but not limited to (1) 19 conditional uses, (2) variances, (3) orders to issue permits to owners of 20 land reserved for future public use on the official map, (4) rezoning 21 involving all or part. of contiguous parcels of property owned by the same 22 person or perSOn8 or an area of les. than five acres in incorporated areas 23 and 20 acre. in unincorporated areas, zoning permits issued to owners of 24 land reserved for future public use on the official map, and (5) 25 subdivision approval, shall be sent to all property owners of record 26' within 350 feet of the boundaries of the entire property owned by the 27 applicant that includes the subj ect property or to the ten owners of 28 record of property nearest to the boundaries of the entire property owned' 40 --"'-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by the applicant that includes the s~ject property, whichever would provide notice to the greate.tnUmber ofptoperty owners, irre.pective of local 'governaent unit boundaries. ~rltten notice of hearing. on conditional use., variances, rezoning, official controls, and subdivision approval shall also be given to all local government units containi~g any part of the subject property. Written notice must also be given to other local government units located within 350 feet of the boundaries of the entire property owned by the applicant that includes the subject property if the property is located within an incorporated area and within one-half mile if the property is located within an unincorporated area. The person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. Failure to give mailed notice to individual property owners or defects in the notice does not invalidate the proceedings, if a bona fide attempt to comply with this subdivision has been made. Subd. 3. ,[ASSIGNMENT. 1 The governing body of the local government unit may assign to the planning commission, board of adjustment, or any official or employee of the local government unit responsibility to conduct public hearings for one or more purposes. . i Sec. 21. [394A.21) , [CERTIFIED COPIES FILED WITH COUNTY RECORDER. 1 Subdivision 1. (REQUIRED FILINGS. 1. ,A certified copy of every comprehensive plan, ordinanco, or other official control adopted, including any supplemental map. or charts, shall be filed with the county' 4l 1 recorder and registrar of titles. Or~inances, resolutions, maps, or , 2 regulationa filed under sectiona ... to do not constitute encumbrances 3 on real property. FailUre to file does not affect the validity or 4 enforceability of the ordinance, resolution, map, or regulation. 5 Subd. 2. [REQUIRED RECORDING.] A certified copy of every conditional 6 use permit, variance, and any order issued by the board of adjustment 7 acting upon an appeal froll an action taken by an administrative official, 8 including all ,attached restrictions and conditions and a legal description 9 of the subject proeprty, shall be filed for recording with the county 10 recorder or registrar of titles of the county or counties in which the 11 local government unit adopting it is located within 60 days after the 12 permit, variance, or order is issued unless the applicant or appellant 13 agrees to an extension. 14 Subd. 3. [FILING WITH REGIONAL PLANNING AUTHORITIES.] A copy of a, 15 comprehensive plan and official controls adopted by the local government 16 unit shall be filed with the regional planning agency, if any, established 17 to serve the area in which the local government unit is 'located. 18 Subd. 4. [PLAT APPROVAL; FILING.] Copies of resolutions approving 19 subdivision plats of land within a local government unit, but contiguous 20 to another lo~al government unit, shall be filed with the governing body 21 of the contiguous local government unit. Copies of resolutions approving 22 subdivision plats of land outside a local government unit but subject to 23 its subdivision resulations shall be filed with the clerk of the town in 24 which the l.lnd is situated. 25 26 Sec. 22. (394A. 22] [ENFORCEMENT AND. PENALTY. 1 A local government 27 unit may also enforce any proviSion of sections ........ to ........ or of 28 any official control adopted thereunder by lIandamus, injunction, or any 42 ~--=--~---- - ~ . other appropriate civil rememdy in any court of competent jurisdiction. A local gOYernment unit'lI&Y by ordinance provide for criminal enforcement of official cont~ols adopted under sections ....... to ....... and provide penalties for violation thereof. Violation of an official control or sections ....... to ....... is a misdemeanor. . 1 2 3 Sec. 25. (394A.25) (EXTENSION OF TIKI FOR. COMPLIANCE.] 4 Subdivision 1. (OFFICIAL CONTROLS.] All official controls in effect 5 on Auaust 1, 1988, shall r....in in full force and effect until amended or 6 repealed, except as provided in subdivision 2. Any ofi:icial controls and , 7 any procedure. for the administration of official controls that are in 8 exi.tence on Auaust 1, 1988, shall b. brought into compliance with Laws 9 ...., chapter ..., within two years froll Auaust 1, 1988. 10 Sub. 2. [COMPREHENSIVE PLAN. 1 Any local government unlt that has 11 adopted official control. without adopting a comprehensive plan must adopt 12 by resolution and file with the county recorder a comprehensive plan 13 within five years froll Auaust 1, 1988. 14 15 16 17 18 19 20 21 22 23 24 25 . 26 27 28 44 ---- T __ .".,l ': I .. ~~ ~,.~/ rS~ ~ ~\lJ~/ c...t\\C; · \)\3/ ~/, .... LAND USE LEGISLATION STUDY PROBLEMS RECOMMENDATIONS DRAFT LEGISLATION PREPARED FOR THE ACSLR SUBCOMMITTEE ON LAND USE LEGISLATION AUGUST 3, 1987 -- ... .. section 1 section 2 , section 3 section 4 section 5 section 6 section 7 section 8 section 9 section 10 section 11 section 12 section 13 section 14 section 15 section 16 section 17 section 18 section 19 section 20 section 21 section 22 section 23 section 24 Land Use Planning Index to Bill Draft Paqe Definitions 1-6 Purpose Clause 6 Planning Authority 7 Planning commission 7-10 Director and Staff 10 Board of Adjustment 10-16 Comprehensive plan zoning 16-18 18-23 Official Controls 23-24 Nonconformity Subdivision Regulations Extraterritorial Authority Joint Advisory Board Joint Planning Board 24 25-34 34-35 35-36 36-37 Official Maps 37-39 Conditional Use 39-41 Public Hearings 41-43 Filing and Recording 43-45 City-County Planning County Planning Relations with Towns 45-46 46 Enforcement and Penalty Judicial Review 46 46 Inconsistent Laws 47 Extension of Time for Compliance 47-48 ~ " . n.tini.'t:fona 1. Tb. d.tlnltlon ..ctlon ot tho aunicipal and county plannin9 lava doe. not contain the .... tara., alao someti... the defini- tion ot the .... or aimilar taraa 1. inconsiatant. It i. not n.c....ry to bave two definition ..ctions. lIi11c01ldllillndation Coablne the definitions of the aunlclpal and county planning law into a 81ngl. ..ctton that can apply to citi.., count i.. and town.. Where n.c....ry expand .xi.tin; definition. or add nav on.. which vill improve understand in; and provide batter linka;.. betv..n various planninq taraa. So.. .pacific it... to b. handled hare include providinq a definition ot planning co:.1..10n, clarity purpo.. and content of coaprahanalva plana, add -agriCUltural- .. . land u.. type to b. included 1n the land u.. plan, link transportation plan., co..unity facilitl.. plan, an4 capital i.prov...nta plan to coaprehenaive plan, and rev i.. definition of ofticial aap, aUbdivi.ion and gov.rning body. 7/14/87 (COUNSEL I CPM SCS88'-S 1 Section 1. 13UA.Ol) (DEFINITIONS. I Subdivision L (TERMS.) For: the our:DOle. of .ection. to the terms defined in this .ection have the ..."iRq. qiven 4 1h!!.:. 5 sub<!. '!' (CAPITAL IMPROVEMEIl'l' PROGIWC.) .Capital , improv..ent progra.- ...nl an it..iled multiple y.ar program 1 ..tting eorth the .chedule and details of lpecitic contemplated . public improve.ent. by tilcal year, including public 9 improv...ntl in or related to air lpaC' and lublureac. 10 .r... ft.e....ry_for_.tft.._.n..r'...ft.-.,.e.-....ke...ft~-......ft~ 11 to-I.etioftl-."IT.i-to-."ITt" tog.th.r with th.ir ..tlaat.d 12 COlt, the jUltlflcation for each i.prov..ant, the iapact 13 that ..e~ Sh! i.prov...ntl will hav. on tha currant operating 14 .zpen.. of the ..ntGip.ltt, local Government unit, and ..en 15 other inforaation on capital improv...ntl .1 !h!l aay b. 16 pertinent. The caDital imDrove..nt. Dfoara. may be includld in 17 the iaDle.entation .action of the comDr.hen.ive olan. 11 sub<!. 11. (COMMUNITY FACILITIES PLAN.) .Cowaunity l' t.ci1lti.a plan' ..ana a coepl1ation of polley .tat...nt., 20 goal., .tandard., .apa and _,tion program. for 9ui4in9 the 21 future 4evalopaent of the public or .a.i-public facilltie. of 22 th_ ..nteipaltty local aovlrnmant unit auch .. Dublic buildina., 23 rlcraational, e4ucationalL .ft. cultural. and emefaenCY ..rvice. 2. facUlti.a. 1 , The definition ot the coaprehenalva plan i. unclear in both planninq law.. At the pr...nt ti.. the county plann1n; law .p.aka about a comprahanaiva plan while the municipal plann1ng lAW rafar. to . land u.. plan and a coaprahanllva plan. R~comm.nc!8~ion aavi.. the detinition of coaprehanaivl plan to clarify exactly what i. ...nt by . comprahanllvl planl provide mora .pacitic quidancI on what the cont.nt ahovld ba for I coaprahanllvl plan: and .nlura that the definition of the coaprahanalvl plan i. the ...ator clti.., count i.. and town.. . Amend the lanquag. datining "land u.. plan" in the municipal law by linking the land v.. plan to the comprehanllva plan. AlIa add -agricultural" a. . land u.. type to ba included in the land u.. plan. Tha plannin; laqi.lation va. navar vary claar on tha relation.hip of such oth.r planninq elament. a. the community facilitia. plan, tranaportation plan, and capital improv...nt. proqraa to tha coaprehenaiva plan. R.~o1ll1ll.ftdB~ion aavi.. the l~i.lation to link co.-unity facilitie. plan, trana- portation plana, and capital iaprov...nt proqra.. to the compre- h.n.ive'plan. Al.o aak. th... provi.ion. con.i.tent tor both city anel county law.. CUrrent plannin, leqi.lation doe. not contain a d.tinition of .propo.ed land u.. aap. or ..xiatin9 lan4 u.. ..p.. Th... taraa bav. a1.0 be.n r.co...nded tor lncluaion a. r.quired alaaent. of 1:h. "_~eh....1n plen by 1:h. "CSUl vo~1I: 9rouP. lleeOml.ftd.~tftn Include a definition ot .propoaed land u.. aap. and .exiatinv land use aap. in the definition ..otton. 7/14/87 (COUNSEL) DPM SC5889-5 1 Subd. '1' (COMPREHENSIVE PLAN.) "Comprehenaive plan" 2 meana the a atate.ent ot ooal., ob1ectivel, and pelieiea, .tate.eftt.T-.o...y-aft.-tftte.r..ate~-,*anl-fo.-prt.ate and-pubttc-*an.-and-w.t.r-...y-t.an.pe.tattOnT-and-eo~untty 5 faet*ttte.-tnc..dtft9-.eeo...ftdattOnl-fe.-p..ft-..eeuttonT 6 doea.ented-tft-te.t.y-o.dtnanee.-aftd-..p.-whteh-eon.tttuee-the 7 ,o~da-for-the-fotor.~d..e*o,.eftt-of-tne-cooftty-or-.ft'-port~eft-of 8 tne-coonty and an .xi.tino and oroDOeed land use map or maol i .howinQ present and future uae of land. The olan may include, 10 without limitation, a land us. plan~ community facilities plan, 11 tranaoortation olan, Dark. and ooen loace olan, aewer olan, 12 aneroy olan. water resource olan, solid waste olan, human 13 .ervic.. olan, environmental orotection olan, Growth manaoement 14 olan, capital improvement olan, aGricultural or..ervation olan, 15 haUlinG olan, and recommendations for olan execution. 16 Subd. ~ 1. (CONDITIONAL USE.l .Condltional u..' ..an. a 17 land u.. or-d..aio,.ent-..-deftned-er-o.diftaftee-ehat-woaid-ftot 11 ..-a"ro"tate-,enefa.i7-~.t Sh!1 ..y be allowed with or without 19 approprlat. condition. or ...t.1.t10n. ..-.....d.d-by-."..... 20 ..ftt....-.poft-.-'.ftd.ft'-th.t-ttt-...t..ft-..ftd.t..ft.-..-d.t....d 21 .ft-th.-...........naft..-....ty-.ftd-t1t-th.-...-..-d........ft. 22 ..ft,....-....ha-e.....h.ft....-t.ftd-...-.t.ft-.'-th.-e..ft.y-.ft. 23 tit. that 1. ..n.rally cocpet1bl. ..th-th.-....t.ft'-ft.t'hbe.h... 24 and d..irable within a Darticular lonina di.trict, ha. an 25 unu.ually .I.nific.nt .nd maio. Impoct on oub11c t..Illtl.. 0. 25 the v.. and en10vment of nearby Droo.rti... and reauire. the 27 .xerei.. of dilcr.tion in determinlno .ati.tactorv location. and 21 charaeteri.t!ca. 2' Subd. 6. (EXISTING LAND DSE MAP.l 'Exl.t1n. l.nd u.. ..d. JO ..anl a 8&0 or drawino which araohicallY DOrtrav. how land i, 11 Dr...ntlv beinG Ule4. 32 Subd. ..1. (GOVERNING IODY.) 'Gov.tn1n9 body. 1ft the co.. 1] ot e1ti.. ..an. the council by what.ver neae known, aftd 1n the 14 ca.. of a town, ..ana the town board ot auoervi.ora, and In the ]5 ca.. or a county, mean. the county board ot commi..ioner.. 35 Subd. '!. [LAND ,USE 'LAN.) -Lan4 u.. plan" .eanl . 2 ~ .. R.et'\_.ndl!ll~ion Op4ate and clarity the definition of -Official control.- to cerr..pond aore c10..1y with the definltion of .paclfic official control. auch .. the Koninl ordinance, aubdivi810n regulation., ao4 official ..p. 7/14/87 {COUNSEL OPM SC5889-5 1 compilation ot policy Itatlment.. ;0111, ItandArdl, and maps, 2 and action program. for guiding the future development of 3 privatI and public property. includinQ air apace, surfAce. and . subsurface .r.a.. The term include. a plan deli9natinq types of 5 us.. for the .ntire ..ft~e.,..tty local Qovernment unit al ~ell 6 .1. .plclaliled plan ahowing apecific ate.. or specific types 1 of land us.., luch al &Qricultural, residential. commercial. 8 industrial, public or ..mi~public us.. Of any combination of 9 .uch U.... 10 Subd. 9. (LOCAL GOVERNMENT UNIT.) .Local qovernment unit" 11 =ean. a town home rule charter of It~tutor 12 Subd. .~. (NONCONFORMITY.) -Nonconformity. meanl any 13 1eqa1 u.., Itructure or parcel of land a1r..dy in exiltence, 14 recorded, or authorized be for. the adoption of official control. 15 Ot amendment. efte..~o that would not have be.n permitted to 16 become ..tablilh.d under the t.rml of tha ofticial controll a. 11 now written, if the ofticial controll had baan in arrect prior 11 to the date it wal altablilhed, record.d or authorized. U Sub<!. is 11. (OFFICIAL CONTROLS.) 'oeUcla1 controls" or 20 .control.- ..anl ordinanc.. and regulatlon. which control 21 the u.. or phy.ical 4.v.lo~.nt or a e'tYT-cO.ft~7-0.-~0Wft local 22 Government unit or any part t~a..~f of the unit including air 23 apace and lublutfac. ateal ft.......r-f.r-..ft..-.ft....e..ft.-..... 24 4...tO,..nt_,.....nt-to-..ettOnl-.'.lyI5-to-.,aITt" or any 25 datall thereof and iapi...nt the 9.n.ra1 obj.ctlv.. of the 26 comprehenliv. plan. Official control. aay includ. ordinanc.. 21 eatablishing aoning, lubdivilion controll, Itt.-ptan 2. ....l.tton.y I.nitary cod.., ~.tl.'n.-'o." .nd official ~pl. at Sub<!. .. ll. (OFFICIAL 1lAP.) "Offlclal ..p" a.an. a ..p 30 adopted in accordanc. wlth ..ctlon .".!,. ~ whlch ..y .how 31 eailting and propoled future atr.at., roadl, en. highvaYIL 32 DArkl, .chooll, and other. travel and Dublic faciliti.1 of the 33 ..n.e....'t'-.n.-.o.ntr local Governm.nt unit, the ar.a needed 34 for widening of eailtin9 Itr..t., road., and hlghvaYI of )5 tha ..ntet...itr-an.-eo.nty local Governm.nt unit, Ixilting and 16 propo.c4 .ir lpace and lubaurtace ar'.1 ft.e....r'-f..~.'n.. 3 , The current planning enabling leg181atlon doe. not conta1n a definit.ion of zonln9 ..p, rezoning or planned unit davelop..nt evan thoU9b th... taraa ara d1.cu...d 1n the b04y ot the la91alatlon. R.t!~.nd.~ion lnaa" a definit.ion of lonlnq ..p, ralonlncJ, and planned unit: develo_". 7/14/87 I COUNSEL I DPM, SC5889-S 1 .ftd.r9reaftd_.,.e._d..elep..ftt-,arla.ftt-to-..et~Oftl-4'i8Tei-to 2 .'iITI', and .xiltin; and tuture county Itat. aid hlqhwaYI and Itate trunk highway rightl-af-way. An official map may al.o ahow the location of exilting and tuture public land. water, and 5 tactllti.. within the .aft~e.p.ttty loe.l Qovernment unit. 1ft 6 eoafttte._tft_th._..tropOt~t.ft_.re._.._d.ftfted_t"_'eettOft-4f3Ttity off~e*.t_..p._..y_for_._perted_of_a,_c&.f~...,e.rs.de.t,ft.t.-the e eeaftd.r~e'-of-.re.I-~eler..s-for-purpel..-of-'o~t-eo"'er..e~OftT 9 w.eer-,appl'y -eoft,er..ei: Oft T - f koes"'c'ont rok-ana ""tS!' face-woter 10 sr.tft.'e....ft.-~..o..~-iftekaS~ft'-.pproprt.t.-r.'ak.t~on. 11 p~ot.ett"t_laeh_.r.a._.9.tft.t_.ftero.eh..ftt...ey-battdi:ft'IT-other 12 phYlteas-.traetare.-or-fa.iti:ti:e'T 13 Subd. 13. [PLANNED UNIT DEVELOPMENT.) "Planned unlt 14 dev.1ooment" means dev.lopment conai.tina Qenerallv of mixed IS Ilnd uses and housinQ type. in which densities are calculated on 16 a proi.ct-wide ba.i.. oermittinQ the clulterina ot houle. or 17 buildinQI and the oraviaion ot common ooen IPIC.. 18 Subd. .3!!. (PLAT.) MP1at- ..an. the drawing or map of a 19 lubdivi.ion pr.pared for tiling of record pursuant to chapter 20 505 and containing all .l...ntl and require..nt. a.t forth in 21 applicable local r.gulationa adopt.d pur.uant to 22 .ection .'t.35' ~ and cnaptlr 50S. 23 8ubd. I' 15. (PRELIMINARY APPROVAL.) 'Preliminlry Ipproval" 24 .ean. official action takln by .-..atetpe*t_y tnl local 25 Governina body on an application to create a lubdivi.ion which 26 e.tablish.. the rights and obligation. .et forth in 21 ..ction 46'TiSI ~ and the applicabl. subdivllion 21 ragulation. In accordanc. with ..ction 46iT3S1 ~, and 29 unla.. othervi.. .peclfie4 in the applicabl. aubdivi.ion 30 r.gulation, prall.inarv approval ..y b. granted oft.r-fo~.ew'ftt 31 th._......-.ft._........_.f_._,......fta.Y.....-e.-ot~..!2!-! 32 ~r.ll.lnary Diat aap or draving ..tabit.hing without 1i.itation 33 the nWDber, layout, and location of lot., tract., block., an4 34 parcall to b. cr.at.d, location of Itr..t., road., utillti.. and 35 faciliti.., park and dralna;. faciliti.., and land. to be 3' dediceted for public u.e. 4 The current definition ot .ubdivi.ion 1. unclear and contain. lanquaqe not appropriate tor tha detinition ..ction. Recommendation R.comm~ndation Delete unnece..ary lanquaq. and revi.e certain tara. to clarity meaning ot the tara .ubdivision. 7/14/87 [COUNSEL SCS889-S DPM Subd. 16. (PROPOSED LAND USE MAP.) "PropOsed land us. map" meanl a ~D or drawina which araohiclllv cortravs the desired future rivlte use or llnd and buildin but not limited to Itreets. rOlds. hiqhwavs. parks. businesses. S residencel. and indultriel. 6 Subd. 11. (REZONING. 1 "Rezonina- meanl an amendment to a 7 Jonina ordinance which has the effect ot ChanQina the zonina 8 district classitication of proDertY.~ 9 Subd. ki!!. [SUBDIVISION.) "Subdivision" meAns 10 the .epafattOn division of an araa, _~arcal, or trlct ot land 11 under linql. ownership into two or ~or. parc.ll, tracts. lota. 12 or ton.-t.r.-i....ftei4 oth.r groperty inter..tl where 13 the ereatieft-o'-tfta-teal.ftotd-intereat diviaion nec..sitate. the 14 cr.ation of Itraet., road., or alley., tor r..idantial, 15 comm.rcial, industrial, or other u.. or any combination tftareof? 16 ..e.'t-tfto.a-aep.r.t*on.~ 17 t.t_Whar._all_th._r...lttn9-,.reeil?-treetIT-iotl?-Or 18 *nt.re.t...til_~._i'_.cr.I_.r_i.~..._tft_lt.e_.nd_58'_f.et-tft 19 .*.tft_fOr_r.....ftti.l-....-.ft.-f*..-.cr..-e~-l..9.r-tft-It..-fer 20 eo...ret.l-.ft.-tft...tri.l-....t 21 tbt. Subdlvi.ion do.. not includ. divi.ion. cr.atlnv 22 c.mat.ry lot.? 23 tet_....lt.ft,.'...-eo.rt-or....T or the adjult..nt of . lot 24 11n. by the r.location of & common boundary. ZS Subd. t4!t. [SUBDIVISION REGULATION.) "Subdivilion 26 r.gulation- maan. an ordlnanc. adopt.d pursu.nt to 27 section .'iT~S' ~ r.gulating the .ubdiv1.ion of land. ZI Subd. f~. [TRANSPORTATION PLAN. I 'Transportation plan" 2' .aan. a compilation of polley Itat...ntl, 90al" Itandard., aap. 30 and action pr09r... for guiding thl future developaent of thl 31 varloul ~.. of tranlportatlon of the ..ft.etpaltt, local 32 aovernaent unit and ltl .nvironl, .ftel.'.ft,-.,.-.pae.~.ft' 33 ..b...t.e......._ft.c.....,-,....tft....ft..r'...ft.-.pac. 34 ..~.le,..ftt_,.r...ftt-to-..e~toft.-.fi.T.~-to-.fi.T.f7 .ach aa 3S atr..t.. road., and highway.. .... tran.it, railroad., air 36 tranaportation, trucking and watar tranlportltion, and .nc..... 5 There i. no definition of the ~era, -variance- in either the c~ty or county planning lav. R.co1llJll..ndl.~ion Add a d.finition of the te~ variance to the detinition ..ction of .ach plannin1l law that incorporat.. the conc.rn. .xpr....d r.garding .undu. hard.hip. and .raa.onabla u.e of proparty.. In currant lav tha t.ra, -.unicipality. rafar. to town., ho.. rul. 01ti.., and at.tutory ait1e.. 8ecaua. of the affort to codify tha two planning lava 1t vll1 be confu.ing to continue uain; tbla terata alao includ. count 1... R.co_end.~!on Xn.a~ the tara, .10cal govamaent unit., in plac. ot ..unlcipallty., bare, and anywhere al.e the tarm municipality occur. 1n the planning atatut... 7/14/87 (COUNSEL I DPM SCS889-S A ..;O~ tnorou9hfare plan. 2 Subd. tt ll. {VARIANCE.) "Varianca" means aftY ! 3 modification o~-..~tatton of a develooment standard of ~ 4 ~fticial eoftt~ot.-.he~e-it-i.-dete~Mined-thatT-ey-~.a.o"-of 5 e.e.pttoft.t-ci~eaa.tanc..~, a, applied to a particular 6 property for tne purpose of alleviatinQ unnecessary difficulty 7 that would result from the .trict e"foreeaeftt apolication ot the e officill controls .eazd-e.a'e-uftnaee.l.ry-h.~d'h~p. 9 Subd. 22. (ZONING MAP.) "ZoninQ mag" means.. map of the 10 local qovernment unit which show. zaninQ district boundaries as 11 described in the zoninQ ordinance. lZ 13 14 S.c. 2. 46iT35i 1394A.02) (MYNfefPA& LOCAL GOVERNMENT IS PLANNING AND DEVELOPMENT, STATEMENT OF POLICY.) 16 The le9islature tind. that ..ftietpatittel local oovarnment 17 ~ .re flced with mountin9 problem. in providin9 meana ot 18 guidin9 future davelopment of land ao al to in.ure . .ater, more 19 pl....nt .nd more economic.l environment tor re.identi.l, 20 commercill, indu.trial .nd public activitie., to pre.erve 11 a9ricultur.l and oth.r open Ilnd., and to promote the public 22 health, ..tety, and gener.l welfare. Maftiet,eittte. k2S!! 23 40vernment unit. can pr.pare tor .nticipated chAn9" .nd by ..e~ 24 Sh!!! p..pa.ation. b.ln9 about .i9nificant .avin9' in botb 25 private and pUblic expenditure.. Mafttc'pai Local OQvarnment 26 plannin9, by providin9 public 9uide. ~o tuture ..ft*et,.~ action, 27 enlble. other pUblic and private 1genciel to plan their 28 activities in harmony with the ..fttet,.~ttr~. local oovernment 21 ~ plan.. M.ft'e'pa~ tocal Qovernment planning will a..i.t 30 in developin9 land. more vi.ely to .ervI citizen. .or. 31 ettactively, vi11 aake the provilion of public .ervice. 1... 32 co.tly, and will aChieve. mar. ..cur. tax bal.. It ia the 33 purpo.. ot ..ctiona 46i~iS. ~ to 46iT~64 ~ to 34 provide ..nteipet't'" local oovern~ent unit., in a lin91. body 35 of lAW, with tha n.c...ary power. And a unitorm procedure tor 36 adequately conductin9 And implementin9 ..nieip.t ~ 6 7/14/87 (CO"~SEL 1 OPK SCS889-S M~~ qovernment plannln;_ 2 SOC, 3. 46i.9S9 (394.031 (PLANNING AUTHORIT~. 1 S SebdT-i Subdivision 1. (STUDIES AND REPORTS.) In 6 ex.reilin; itl planning powera aftder-Iabdty..tOft-t, . .afttetpaitty local Qovernment unit ~y collect and analyze e data, prepare ~p" chart., tabl.., and other illustrations and 9 display.. and conduct nec.s.ary studi... A aafttcipattt7 !2:!! 10 qovernment unit may publicize itl purpos.., IU9Qestion.f and 11 findln;, on plann!n; matterl, may distribute clanninq reportl 12 thereon, and may advi.. the public on the plannln; matter. 13 within the ICOP' ot itl duti.. and objectiv... 14 Subd. 9!. (APPROPRIATION AND CONTRACTS. I A ....etpol..r 15 local aovernmant unit may appropriate money. trom any fund not 16 dedicated to other purpo..' in order to tin.nce it. planning 17 activitie.. A ..fttetpaitey local Qovernment unit may receive 11 and ..peft. 'Dend gr.nt. and gitt. tor plannin9 purpo.e. and may 19 enter into contract. witb the tederal and .tate government. or ZO with oth.r public or privata aqenci.. in turtheranca ot the Zl planning activit1.. authorilad by ..ction. .6iTiSt ~ to 22 66i.9'6~. 23 Subd. 61. (rEES.] A ..ft.e.palt.r local' Qovornmont u.lt 24 ..y proocrlbe fOOl lufficll.t to dofray tbl COltl i.curred by It 25 1n revi.wing, Inve.tiqating, and admini.tering an application Z, for an ..endaent to an official control .stablished pursuant to Z7 ..ctiona .6iTiSi ~ to .6iTi'4 ~ or an application 2. for a per.it or othar approval required und.r an otficial 2' control .atabliahed purauant to thO" ..ctiona. r... al 30 prolcribed lball bl byordina.cl. 31 32 33 SIC. 6. it6.91 (394A.04] (PLANNING COMMISSION.) 34 Subdlvloion 1. lCOUNT~ PLANNING COMMISSION.) Aftr-beord-ef 35 eo.fttf_eo.at...eft,.,-"y-~f-O.dtft.ftee-"potfte-.-pi.ftfttft. 3' eo..t..tOft_eoaPO'.'_of_ftot_t..a-e~.ft-ft.a-fte.-.ore-th.ft-eie..ft 7 Tbe plann1n9 lav 1. .11en~ on vhether a planninv co..l..lon 8 raquired if 8 1.....1 <Jovarnaent. praperaa pl..... eJ>4 requlat.ory ontrol.. .eftld."di.~iQft Aquira t.hat. 1.....1 lJOVa~nt.8 appoint. a plannlnq cooai88ion if .hay plan t.o prapara eJ>4 840pt. 8 coaprahanaiva plan ancl official :ontrol. . A concern 11\ .o.e .re.. of the .tate i. that the current ~unty planning lav doe. not provide for adequ.t. repre.entation rD. .re.. out.iele the corporate 11.1t.. current lav r.quire. bat only two ..abers of the plann1n9 co..i..ion b. fro. rur.l r..' of the oounty. eet'l1lltlle"dat:.iDD rant. t.ba boar4 <Jraat.ar flaxibilit.y in t.ha appointaant. of .lannlnv co..l..ion .aaber. by r..ovln9 the phra.e, -.t le..t .wo .--.ben eball be r..lelent. fro. out..ld. the co~r.te 11.1t. ,f.unlclp.lltl.... In..rt langua;e requiring the board to :on.1der bQth ,eoqr:aphlc ar.a. .nd. populatlon vh.n ukln; )lann1ng: com-ll..lon appolnt.ent.. 7/14/87 {COUNSEL I OPM SC$889-$ 1 aeMDerl_appotftt.4_ey_tfte-eftatr-ot-tfte-BOer4T--At-ieest-twO 2 .eMeerl_.h.~~_.._reltdefttl-ot-the-porttoft-Of-t"e-eo~ftty-o~tst~e 3 the_eorpor.te_ttattl-ot-.~fttetpelttte.T Before exercisinq the 4 5 6 7 8 AuthOrity QrAnted bY thi. cha9ter, the county shall bY charter n~t or ordinance e.tabliah a The 9 of 10 Appoint~ent and term. of office of the members .hall be al 11 provided in the ordinanc.. No more than one votin9 member of 12 the commi..ion .hall be a county board member, an elected or 13 aooolnted officerL or employ.. of the county. Mo Not more than 14 ~ votin9 member of the commi..ion shall have received, durin9 15 ~h. two y.ars prior to appointment, any sub.tantial portion of 16 income from bu.ine.. operation. involvin9 the development 2r 11 !!l! of land wi~hin the county for urban and urban related 11 purpa.... In the ordinance ..tabliShing the plannin9 commission 19 the board. may de.ignat. aft' county offtoer board members, or ZO eaploye. em~lov..' a. aft ex officio .e.e.r .ember. of saeh Zl ~ c~l..ion. Ex-officiO member. of the commi..ioft are 22 non-votinG ...ber.. The tera of office and removal of any 23 ..mber for nonperforaanca of duty of ailcon4uct in office .. 24 vell.. fillin, vacancle. on the board Ihall be as provided in 2S the ordin.nce cr..ting the commi..ion. 26 Subd, 2. (CITY AllD TOIlllSHIP pt.A1llIIllG COMMISSION. I 27 21 cHi.. 29 or charter establish a 30 nu.ber of .ember., manner of aooointaent and the ter"L 31 condition. 32 33 34 a 35 orivate citizen as member. of the olannina commission. 3' Subd. 3. (EXPENSES.' ~h. member. of the commillion7-ether 8 , , . The county law do.. not provide .pacific quidanca on how the ptannin; coaat..lon can ba di..olved but l..v.. it up to the county board to decide in the ordinanca cr..tinq the planning commi..lon. Thaclty law provid.. tor a two-third. vote or the .council to di..olva the planning commi..ion. The county law provid.. tor par 41.. par-ants to planning commi.slon ..mbars while the aunicipal law 1. silent on this .attar. Th... incon- aiatanci.. ara unn.c....ry and cr..t. contusion. R.comm.ndA~ion Develop languaga that .paciti.. how the plannlng commi..lon can ba di..olved that can ba applied to both municipaliti.. and countl... Add languag. on par d1... and expan... tor training and education. The aunlclpal planning lav 40.. not .pacity what planninq c~i..io~ are required to do and i. .ilent on .emberlhip i..ue., includinq qualitication., r..oval fro. oftice, vaeancie., and the nuaber ot .ember.. It al.o reter. to plann1ng aq&nci.. but not plann1nq co..1..10n.. Reoomm.nda~ion Amend Subdivi.ion 4 at M.S. 394.30 by combininq the duties and r..ponsibilitie. ot municipal planning agenci.. and county planning co..is.ion. into a .in91. .ection at the law. The distinction betwean tha planning depart.ent and the planninq comai..ion .hould be clarified .. well a. providing a batCer definition of what a planning agency 1.. 7/14/87 (COUNSEL ) OPM SCS88~-S th.ft_...B.~._ef_the_Be.~d_of_ee~fttr_eo..~s.~ofta~.? mAY be 2 co~pen.at.d in an amount determined by the eo~fttr-boa~d 3 aov.r~i~q bodY. ~~~ Commission m.mb.r.?-*fte~~.*ft,.eeafttr 4 ee"*.'~eft.tl? may be paid tftei~ a par diem and necessary S axpen... tn-attendtn, to attend ~.etin9s of the commission and 6 *ft.th.~ conduct of-th.-e~.tn...-of-th. commission business. or 7 attend trainina or educational DtOqram.. Noth*ft'-~ft-th*. 8 .a~d*.*.*on_'h.~~_be_eoft.tt~ed-to-p~oh*e*t-tft.-p.ymen~-ol..-per 9 .ieM_te_eou"t1_ee~~.stefter,-p~tID.ftt-t&-see~*eft-iiSTeSS? 10 .abdt.t.ton-iT II Subd. 4. (MANDATORY DUTIES AN~ RESPONSIBILITIES. I The 12 plannln9 commi..ion .hall e~.et_e_eft.*~_.nd_..eret.ty-fro.-.Meft' 13 *t._.e.ber._.ftd_eoep.rac.-wttft-eh.-p~.ft"t",-dt..etor-.ftd-ethe. 14 ..p~or..._of_the_eO~ftty_*ft_,.ep.ttft'-.ftd-r.ee...ft.t"'-to-th. 15 bo.~d or.oare and recommend to the aovernina bodY for adoption a 16 comprehen.ive plan. amendment. to the olan, and recommendation. 11 for plan execution 1n the form of official control. and other 18 ....ure.?-aftd-..eft4a.ftta-th...te. In all in.tanc.. in which the 19 planning commi..ion i. not the final .uthority, .. authorized in 20 .ubdivillon 5, the DlanninG commi..lon Ihall review all 21 application. for conditional u.. per.it. and plan. for 22 .ubdivi.ion. of land and r.port the..on to the be... Gov.rnino 23 bodY. Th. co.mil.ion Ihall review and mak. r.commendationl on 24 other olannino r.lated it... a. reGUe.ted by the GoverninG bodY. 25 SuDd. 5. [ADDITIONAL COTIES AND RESPONSIBILITIES.l The 26 ~a.d Governl~Q bodY may by ordinanca a..ign additlonal duti.. 27 and re.pon.ibilitie. to the planning coami..ion including but 21 not re.tricted tOl 29 ill the conduct of public hearlng.Yl 30 ill the authority to order the i..uance of .oa. or all 31 cateqori.. of conditional u.e perait.?, and 32 ill the authority to approve eoo. or all categorl.. of 33 .ubdivi.ion. of land7-.ftd-tft.-..thO~*ty-te-."ro..-a...-..-.i~ 34 c.t.'e....-of-.i.ftft..-.fttt-4...to...ftt.. Th. plannin9 35 commi..ion may b. requir.d by the Doar' QovernlnQ bodY to r.vi.w 36 eft1 compreh.nllve plan. aft'L official control'L and any plan. 9 The current planninq leqialation doe. not require that the ~oc.l qoverna.ntal unit employ a loninq adminiatrator to adminiat.r and entorc. the local control.. Moreover, the law aay. nothinq about the zoninq adminiatrator'. re.ponaibiliti qualification., or requir...nta for continuinq .ducation. e., Ra~o1ll1llandlll~fon A chief edmlniatrator ahould be dea1qnatad to anaure compliance with. local qovernm.nt'a otticial controle. Tha content. at the reaolution deaiqnatinq an adminiatrator ia l.tt opan to allow each municipality to deterain. the axact dutie. and reaponaibiliti.. ot the poettion. There .h~uld not b. a r.quire.ant that the adainiatrator b. a c.rtaln ottlclal ainc. to require a ..parat. po.ition would not b. tinancially f.aaibl. for ao.. local qov.rnm.nt.. Qualitica- tion. tor an adainiatrator .hould al.o b. latt op.n b.cau.. of tinancial con.id.ration., how.ver it ia racoamanded that a cit or C01Uftty d..iqnata a par.on who ba. .0.. knovl~~. ot Pl.nnln~ and ta enforc...nt. Y Y Board of Ann.lIIla/Board of ~d~u.~ant In ~he pl.nnln9 enabllnq leql.1.~10n for coun~le. .nd citl.. there ar. two t.ras u..d to d..crib. the qu..i jUdicial body which ba. ....nti.lly the .... tunction. and authorJ.ti.. 1n both clti.. and countie.. Tbe Board of Adju.t..nt ia the tara u.ed in the county planninq law vhile the city planninq law u... both Board ot Appeala and Board of Adjuae.ent to de.cribe tb. board. Thi. ha. cauaad ao.. contu.ion tor new ..ab.r. to planning co~ia.ion. or newly appointed board .ember.. It ..... unn.c...ary and could be r...died by applying a ainql. tera for the board which i. the .... for count1e. and cltl... R.~n-.."d.t:.ian The tara Board of Appeal., vb.revar it occur. in tha .uniclpal plannift9 law, ahould be cban9.d to Board of Adjuataent t.h.u. aal<1n9 bot!> pl.nnlnq 1.... conal.~en~. "l'ba author1ti.. of tha Board ot Appeal./aoard of A4ju.t- aent wbile .i.ilar tor count i.. and citi.., are acatt.red throughout clifterent part. of the laqi.lation. In aclcSltion tha ordar ln which the authoriti.. ar. li.teeS 1. diffarent in tha 'two lav.. Thi. i. confuainq particularly tor tho.. unt..ilar w1th the planning lav. ..c"...."d.-t:ion Cr.at. a ainqle ..alon in the planninq lav that coab1n.. the Ioard ot Adjuata.nt autboriti.. ot counti.. ancl cltia. and clearly li.ta 1n a loqlcal fa.hion what th... authoriti.. ara. It 1. alao r.c~.ndad that the authorlti.. be di.played 1n a.ntanca. that ara aeparated .0 that th.y are ...y to ldentify. ' 7/14/87 I COUNS EL] OPM SCS889-S for public l.nd acquisition aftd it development sent to the 2 e08ntf local Govarnment unit for that purpoae by any ~ local unit of qovernment or any atate or federal aqency and sh.~i.report_thereOft-*ft-wr~t*ft,-to-the-board. 5 6 7 Sec. S. U4.it (394A.OSI (.....Y EMPLOY DIRECTOR ANO STAFF.] 8 To carry out thepurpo.e. of .ection. i94Tii ~ to 9 394Tif ~ the Boar. local qovernment unit may employ a 10 planninq director and saeh staff a. it .eeas considers neces.ary 11 to asaist tha planninq director in carryinq out a..iqne4 12 r..ponsibilities, includinq but not limited to a zoninq 13 administr.tor, .anitary In.pector and a building official. if 14 ftO-'t.ftft*ft.-.areetor-a.-.,pe*ftce~? The bo.r~ ooverninq body 15 shall de.i9nate a chief administrative officer who .hall 16 adminiater the official controls. If a planninq director is 11 .~pOinted, the director may be desion.tad as the chief 18 administrative officar. Th. be... Qovarnino body may amploy or 19 contract with a planning authority or co~iasion, any a9ancy of 20 the atat. or fed.ral govaroa.nt, a raq10nal davelopment 21 commi..ion ..-.aehL planning consultants, or .atft other 22 specialilt. for ..eh ..rvic.. a. it requir.s. 23 H 25 Sec. 6. (U4A.O'1 (BOARD or AOJIlSTMEN'f.) 26 Subdlvl.lon 1. (BeAA.-eP-A&lY.~~ CREATION. I Wh.never · 21 bo...-of-eo.fttr-....*...oft.r.-.ft.~l-ha..-.ao'te4 the oov.rninq 28 bodY adoPt I official control. it .hAll at the .... tia. as the 2' adoption of ..eft !h! controll cre.t. a board of adju.t.ant by 30 ordinance. 31 subel. 2. [BOARD IWIIERS.) The board of .dju.~lMn~ .hlll 32 consiat ot at least thra. but not ~r. than ..van .aabera? 33 tnei..'n,. Tha board of adiu.tmant of a county shall include at 34 laa.t one ..mber froa tha unlncorpo~atad araa of the county? 35 who.a~ appoint..nt, t.ra of offica, or ~ ramoval froa 16 ~he 2! board !!!E!!! shall be ..-pro.'.a. loecified in the 10 The two plannlnq lawa are very dittarent 1n their deter- mination of who can be on the Board ot Appeals/Board ot Adjuataant and tha nuabar ot .eaber. .ach Duat contain. In addition botb lava ar. .ilant on the ..ttar ot qUalitication. continulnq education, and vancancia.. The county law provid.; that the board ahall con.i.t ot tro. thr.e to ..ven ..mber. while the .un1cipal law i. silent on this ..tter. The county law al.o r.quire. that no alected otticial or ..ploy.. may ba a ..mber ot the board. The aunicipal law make. no such distinction and in tact peraita aither tha councilor the planning commi..ion to ..rv. this tunction. Having the council .erve this tunction do.. not .... appropriate 81nc. they ar. the body that originally enactad the law. Raeommandat:ion No elected otticial or e.ploy.e ot the local qovernmental unit should be allow.d'to .it on the Board of Adjust..nt except in cities and town.hip. where the city councilor the town board .erve a. the planninq co..i..ion. Moreover the planninq commi..ion ahould not ,be peraitted to ..rv. a. a Board of Adju.tment. A .ambar at tha planninq comm1..ion ahould .it on the Bo.rd. Th. part of the lav d.alinq vith citi.. ahould al.o apacity that the Board ot Adjuataant contain trOD thr.. to aavan aaabara. Tha local unit at qovarnaent .hould be qivan authority to e.tabliah qualification. and .tandard. for m&&bar. ot tha Board at Adjuatmant and ahould .ncouraqa onqoin; trainin; and education of Board aeabara. The planning leql.latlon tor both cltla. an4 count i.. 40.. not provide apecitic advice to local govamaant on the need tor a detailed findlnq of tact. r.cord. Contact. with local ofticlal. have revealed that &0.. do net carafully docuaant public ha.rln;. which th.y conduct tor variance., conditional u..., &onln9 aaandaant., an4 appeal. to tha Ioard of Appaala/Board at Adjuat-.nt. Poor or inadequata racord k..pinq couleS vary likely ....ult in a loat court cu. it the local qov.nmant 1& challanqacl.. R.e,...,.~.~ton spacify 1D the planninq laqiala~ion tba nacea.ity of k..pinq 900d recorda of procaad.ift9. conducted by tha aoArd of ActjuatMl'lt. Provide quidanoe on vbat that record abou14 contain. 7/14/87 {COUNSEL I DPH SCS889-S ordinance creating the board of .djuatment1-p~e.t~e~-e".e~ No elected officer of the eO~fttr local qovernment unit nor any 3 employee of the 8e.r~-of-eO~t"io"e~. aoverninQ body shall 4 aerve a. a member of the board of adjustment .ft~-e".e unless the 5 Qovernina body is also the DlanninQ commission. If the 6 Qoverninq body is also the olanninq commission. one member of 7 the Qoverninq bod v shall serve on the board of adiu9tment. One e member of laen !h! board of adjultmwnc .hall also be a member of 9 any planning commi..ion .ppointed under the provisions of 10 section. 39.Ti~ ~ to 394T3f~. No more than one 11 member of the board of adiustment may allo be a member of the 12 ol.nninQ commission. In an ordin.nce creating a three member 13 board of adjustment, provision ear ~ be made tor one 14 .1ternate member. The alternate board memb.r .h.ll, when 15 direct.d by the chairman, attend all meetings ot the board and 16 participat. fully in ita .ctivitie. but Ihall not vote on any 17 i..ue unl..a authorized to do ao by the chair~n. Th. ch.irmAn 18 .hall authorize the alternate board ..mber to vote on an ialue 19 when a regular m.mbar il abaent, phYlically incapacit.ted, 20 abatains becau.e of . po.sible conflict of intere.t, or 1. 21 prohibited by law froa voting on that issu.. Any queltion of 22 whether a particular i..u. involv.. a conflict of intar.lt 23 aufflcl.nt to eSiaqualify a ..qula. bea.eS m.mb.. f.oa 24 votlnq .h...en ahall b. d.cldad by majo.lty vote of all .aqula. 25 board .ember. except the ..mber who i. being challenged. In the 26 ordinance .stabli.hing the board of .~ju.tment provi.ion may be 27 ..de for remov.l of any ...ber for nonperformance of duty or 21 .i.conduct in office and tor the filling of vac.nci.. for any 2' unexpired tara. The regular and altern.t. .ember. of a.eft !h! 30 board of .djustm.nt may be paid c~pen.ation in an aaount 31 'd.t..aln.d by the ee.n.'--.... Qova.nlnQ body aneS may be paid 32 their n.c....ry axpen.a. in attending ...ting. of the baard and 33 in the conduct of the buain..a of the board. 34 Sub<!. 3. [OFFICERS, PUBLIC RECORD. J The beareS of' 35 .djust.ent ahall alect a eft.t~..ft chairperson and vice enat...ft 36 chalrDer.on from among its .emb.r. and Ihall appoint a ..cretary 11 CUrrent legi.latlve lanquage provide. tor appeal. to the Board ot Adjuat.ent in two ditterent .ectiona. On. .ection deal. with an appeal by an aggrieved per.on vhile the other .ection provid.. tor an appeal by an aggrieved per.on, otticer, departa.nt, board or bureau ot a local governm.nt unit. lI:.en1ll1ll.nd.a't':fon Clarity the leqi.la~ion by providing for a ain91. .action on the appeal. proc.... Alac clarity tha notitication procadur.. by apacifying .pacitic tl.. li.ita tor notic. and deciaion by the board of adjuata.nt. 7/14/87 (COUNSEL SCS8Sg-S OPM who need not ba . membar of a board. It shall adopt rules for 2 the ~..n..et.en_of_.t._~~..ne..-.nd-.h.k~-hee,-.-p~b.te-reeord 3 Of_tts_er.n..ettOftT-ftndtn,aT-.nd-determtftaetons conduct ot 4 oroceedinq, before it, lncludinQ olacinq witnesses under oath. S aue,tioninQ witnesses. and acceptinQ written material. The 6 board shall keeo a Dublic record of .11 of its proeeeainos. 7 includinq minutes ot itl meetinq., a Itatement of the facts and 8 the action taken based upon the statement ot tacts on each 9 matter heard, and the final order. Statt reDorts and petitions 10 mUlt be included it available. 11 Subd. 4. [MEETINGS. I The moetingl of the bOlrd of 12 adju.tment ahall ba held at the call at the cftasr.en chairperlon 13 and at .~eh other timel al the board may ID.city in its rule. ot 14 procedure "Y-Ip.e~fy. 15 Subd. 5. [AUTHORITY.] The board of adju.tment .h.~l-ft.y. 16 ~ft.-..eftortty il authorized to order the i.auanee of variancel, 17 hear and decide appeal. from and review any orderT-r..~tr...fte7 18 4.et'tOftT-O.-4.t...~ft.t.oft-..d. action taken by any 19 admini.trativ. ofticial charged vith enforcing any ordinance 20 adopted ,.r...ft~-~o-~h.-,ro...*oft-of ~ I.ction. i~.Ti' ~ 21 to 39.Tif ~, order the i.luanee of permit. tor buildinga in 22 oroa. do.lgnatod for futuro public u.o on an offlcl.l ..p ond 23 par fora .'CR otbar dutie. e. requir.d by the offlci.l control.. 24 Sacft_.ppe.k_..,_ee_eaheft_by_.fty_pe.loft_a"......_.._by_eft, 25 eff.e..7_.....t..ft~T-...r4-or-.~r...-ef-.-to.ftr-..ntet,.k*t17 26 eoantrT-o.-etate? In exerciling itl powers under thil 21 lubdlviaion, the board of adjustment Ihall take into 28 consideration ~"._to.ft_bo.r.4._'.eo...ft'ettoft r.commendation. ot 21 the Governina body of another local Government unit when the 30 board of adju.tment'. deci.ion directly affect. land within 31 the tewn other local Gov.rnment unit. 32 Subd. 6. (APPEAL PROCESS. J AD a""rleved peuon or officor 33 !!% appeal f... any e....y-...~t....ft~y-..ei.z6ftT-e. 3. 4eter.tnettoft ~ ot eftr !! admini.tratlva efftet.i-ahall 3S ~.-t.h.n-ift-.ae" officer re.oonalble tor the .nforcement of 36 otficlal control. by rilinG. notlce of aoo.a1 wlth the board of 12 ~y in .... ..... .-:t.u.-. by the -..s of ad1- _ -. ...~ -..-uy ~ eittwr ~ the pmlic t.arin; .....,'t bald p:aIp:ly cc the -..s failed to - ita cIciaiaI vithin a nouonabla ....-It of ~. .... , """'ticn AIcfilie that the -..s of ad1- _ ita dcisicn within 90 cIaya _ the aR'lkat1a\ cc ~ 11M -. .-1t:t<<1. ShaWS aao nq.Ullt that the notice of the dcisil::n be .-'It to the aR'licant .., aU _ at the ~ ~ notJ..,.. 7/14/87 (COUNSEL I DPM SC5889-5 Ie.. 1 ad1ustment within the time ..-.ft.tt-De-p~e.er.ee~ sDeeitied by the ordinance cr.ating the board ot adjustment ey-ftstft'-Wt~ft ~"._eo.r._of_.d;B.t.eftt-.-ftottee-of-.ppe.t-,peetfytft'-the 4 ,roBne.-tnereof. The notice ot APpeal must state the qrour.ds tor the appeal. The board ot adjultment Ihall ftx !!! . 6 reasonable time for the hear in; of the appeal And qive d~e !!n 1 davs" notice thereof to the appellant .ftd~ the officer from whom 8 the appeal i. takenL and to the public aftd-deesde-the-seme 9 wsthift_a_re..oftebie_tiMe_whteh_,hatt_ee_deftfted_ift_the-ordinanee 10 estabttsntft,-the-beard-ef-adjoltaeftt. An appeal stays all 11 proceedings in turtherance ot the action appealed from unless 12 the board ot adjultment te-whe.-the-.ppe.t-t.-t.~eft certities l~ that by reason ot the tactl Itated in the certificate a stay 14 would caUII imminlnt pI.il to lifl o. p,oplrty. The boa.d of 15 adju'tment may rever.. or attirm wholly or partly, or may modify 16 tfte_erderT_reqatre.eftt7_4eetltOft7_er_deteratftatten any action 17 appealld f.ea and to that Ind Ihall havI all thl poWI.I of thl 18 officer tro. whoa the appeal wa. taken and ~y direct the 19 i..uanc. of a permit. The rea.on. for the board', decision shall 20 be .tated in writin;. An aOPRal trom an administrative decision 21 must be decided within 90 day, of the notice of apoe.l. 22 Subd. . 1. (APPEALS FROM OFFICIAL MAP.) If a pe..it fa. a 23 bul1dln9 In ..e~ ! location il dlnl.d, the boa.d of .ppe.t.-... 2. .d;Ole.enel adiultaRnt.hall have the power, upon the filina of 25 !n appeal ftie.-wteh-tt by the owner of the land, to grant a 26 permit for building in eaeh !h! location in any ca.e in whiCh 27 the board finda, upon the evidence and efte argumentl presented 28 ee-it? Sh!Sl ea) ehat the entire property of the appellant of 2' which ..en !n! ar.a identified for public purpo... for.. a part 30 cannot rt.~.-.-r.a.ofta.ie-.et..ft-te be out to a reasonable ule 31 ~ the owner unl... eaeh a permit 1. granted. and (b) ehat 32 balancing the intereat of the ..fttet..z~ty local Government unit 33 in pre.ervin9 the integrity of the official map and .'-the 34 e~,reft.n....-.8ntc.,.t-p~.ft-.ft. th. inter..t of the owner of 3S the property in the ua. of the property and in the benefit. or 31 ownerahip. the grant of .ach ~ permit i. required by 13 The lanqu&;. d..crib!n; undue hardahip 1. not conaiatant in the two planning lava nor ara the atandard_ vary claar which datin. what an undue hardship 1.~ Moreover, the definition of .undue hardship. 1. overly r..trictive and where followed to the lattar of the law aak.. . variance ai.oat iapo..ible to grant avan though the r.sult of the varianca would not ba ...n by the adjacent property owner and would ba in k..p!n; with the .pirit and intent of the law. Many citi.. have indicatad that they probably ara 1n violation ot this atatut. ai.ply becau.. it 1. too .tri~ and not terribly practical. ..er)_.1\d.~ton The standard of undue hardahip should be changed fro. the pr...nt concept ot -ra..onable u.. of proparty. to .unn.c....ry 41tficulty.-Llat the criteria which au.t b. .ati.ti.4 to deterain. an .unn.c....ry difficulty.. Th. n.ed for a v.rianc. becaua. ot an unn.c....ry difticulty ah.ll travel with the l.nd .0 that it . predec...oE' in tit 1. va. not able to get . varianc. becauae ot hi./har own action. there would be no need to trut a pr...nt variance. However, a penon who purcba... knavin; that the land would requira a vari.nca to be built on. .bould not .........dly be preclud-.1 froa rece1vl"9 al.lch . varianc.. Subdlvle1o... 6(a) ~ . 11 really a .ut. polley .uta- ....t retlard1"9 handlcapped pano... and clIildran and baa notbl'1 to do vitA varianca.. ..cav.e of ita location in the .tatu.. t 1. aoaatiaaa confuaed with the 9rantin9 of a varianc. and probably ahoul4 be placed in a aore appropri.te p1aca. II.CD'mII.ft".~iDft Mova SUb41vlalon I. throuqh . to . aora .ppropri.te plac. 1n tha atatuta. whera .tate policy will not be contu.ad with tha 9rantin9 ot a variance. The beqinninq ot M.S. 463.357 -Procadure for Plan Effectuation: zonin9- i. an appropriate place. 7/14/87 (COUNSEL I DPM SC5889-5 con.idaration. ot ju.tice and equity. fft-aootttoft-te-tne-ftottee ot_ftea~tft.-.~i.eo-~,-.eettoft-46iT~5.T-.eDdt.t'toft-iT-a-ftoe~ee 3 .fteii_ee_,.~it.ftad-*ft-tft.-effte~ai-fte.sp.pe.-ofte.-.e-ie..e-een 4 day.-eefore-the-d.y-ef-tfte-he.rtft,T Before reachinq . decision S on the a~peAl, notice and ~ublic heArinQ reQuirements specified 6 in section ..... must be met. It the board of appeeie-eft4 7 e4;estMent. .d1ustment authorize. the iSSUAnce ot a permit the e governing body or other board or commil.ion having jurisdiction 9 Ihall hava .ix monthl from the date of the decision of the bOArd 10 to inltitute proceeding. to acquir~.aeft 1h! land or 11 intereat th.~et", and it no .~eh proceeding. ara started within 12 that time, the ottic.r re.pon.ible for il.uing building permlt. 13 .hall i.sue the permit it the application otherwi.. conforms to 14 local ordinancel. The board ahall .pecity the exact location, 15 ground ara., helqht and other detail. al to the extent and 16 charactar ot the building tor which tha p.rmit 1. 9rantad. 17 Subd. '!' [VARIAIlCES. J 'rho board of adjuatment ohall havo 18 the .xclusive pover to order the i.luanc. of variance. from the 19 t.r~ ot any otticial control including re.crictions plaCid on 20 nOReenter.iti.., when .trict aoelicatien would cau.e unnec...ary ~1 difficulty. V.et.fteo._'hatt_efttf_~._pa...ee"-"hOft-eh.f-ae.-.ft 22 h.r~",_..th_th._..fte~.~_,.rpe.e.-.ft.-."t."t-ef-th.-offiei.. 23 eoftt~o~_.ft_e..e._.~.ft_tft.r._.~._,~.et.e.~-.tf'*e.~t*..-.~ 24 pert'e.l.r_ft.~..h'P_'ft_th'_.~r_o'_e..~r.ft.-..t-tft.-.tr'et-..tte. 25 of_.ftr_off'e..i_eOfttfo.T_eft._.heft_th._t.~.._of_th'_.....ne.-.~' 26 eoft.t.t.ftt-.ith-th.-e~p~'h.ft.*..-,..ftT--.H.rd.ftt'.-'.-...d-ift 27 eeftft.ct'Oft-..~h-t~e-.~.ftttft.-ef-.-.....ne.-.e.ft.-t~.-p.ape.tr-in 21 ......oft_e.ftftot_.._p.t_eo_._....oftlbl.-...-.,-....-.n..r-the 21 OIft.te.oft.-.ttew..-~y-eho-eff.et.t-eo.e.et.. 30 .Unn.ce..arv difflc~lty. mean. that: 31 (1) the Drooerty .. r..trict.d by the official control. 32 cannot be r...enablY u.ed tor the intended ourDO..., includinQ 33 .olar .neroY .v.tem. and earth .helt.rad cen.truction: 34 ill the pliVht of the landowner i. due to clrc~~ance. 3S unique to ~t. 1h! property ftee-e~..t..-bf-tft.-.aft.e.ft'.' 36 11) the circumstance. were not creatad by the apolicant or 14 There vera aeverai it... included in the atatut.. reqardinq 12 variance. that did not .... appropriate. Th... inclu4e4 the two f..ily dvellin9 verience, end peraittin9 the Seritage 13 Preeervatioa Authority to 9rant variancee. ..e,.,...."d.ot.iaft only the Board of Adjuetaant .hould be .llowad to i.eue variance.. The two f..ily dvellift9 variance lietad in Subdivi.ion '(3) ahould be daletad .ince it i. a ~rary type variance and i. not genarelly 8OU9ht. -., j 7/14/B7 [COUNSEL OfH SCSBB9-S another o.tty that ha. or has had in the ~a.t an interest in the ~and i!l the variance, if 9ranted, will not alter the essentiAL 4 character of the locality, will not unreasonably imeair tne use 5 Ot dev.loemeBe ot nearbY oro~erty, and will be in keepinq with 6 tbe seirit and intent of the comereb,n.lve olan and official 7 controls. eeoftomte_eoft.t~er.ctoft.-.lefte-.ft.ll-ftoc-eoft'c~tute-. 8 ft.r~sfttp Neither acauirinq an interelt in gropertv nor qood 9 faith imorovement of proDerty IhAll be conltrued al creation of 10 circumstances caulinq the difficulty. Economic considerations 11 alone shall not conltitute an unnecessary difficulty it a 14 realon.ble Ule for the property Ixists under the terms of the ordinance. Y.rt.ftee._.ft.~i_D._.raftt.d_fer_..rtft_.heiter.d eoft.tr.e:*eft-a.-~.ftft.d-tft-l.et*oft-ii'IT"?-..Dd*.*.*Oft-iT-wheft 15 *ft_ftar.Oft7_wtch_efte_off.e.ei_eoft~~oiaY No varianc. ..y be 16 9ranted th.t would allow any us. that 11 prohibited in tha 17 &onin9 diltrict in which the lubj.ct property is locat.d. The 18 board of adjust..nt aay impos. additional r..trictions or 19 conditions 'ft_eft._,r.ftt.ft.-oe-...*.fteel-to-*ft..~.-eo.,i*.ftee-."4 20 it conliders n.c....rv to protect adjac.nt properti.. and the 21 public inter.at includinQ, but not limited to. ..tt.r. re1atinQ 22 to a~oear.nc., 11ahtinQ, hours ot ooeration, and oertoraanc. 23 charact.riltic.. ,~._~..~_ee_.'1..t..fte-..,-eeft.td..-tft. 24 tft.D.~'tJ_te_.le-..~..-.ft..'J-ly.e...-.-.ft.~..~~,.-tft-th. 2S .r.nttft9-of-.....ftc..Y Wh.n a~DroDri.t. restrictlve covenanta 26 may be .nt.red into reqardlna th.s. ..tterl. The conditions 27 nee..lary tor findina an unn.c....ry difficulty con.tituta the 28 exclusive balll for atantina . vari.nce and IUDers.d. all othar 29 reauire..nts. includinQ tho.e in local ordinanc.. and in atate 30 aQency r.Gulation.. Varianc.. mav b. arant.d on . t..DOrary 31 b..il. Varianc.. re..in 1n .ff.ct and attached to the Iubi.ct 32 Drooertv reGardle.. of owner'hiD. as 10na a. the r..trictiona 31 and condLtion. attach.d to the variance ar. ob..rv.d. 15 4 The aection of tbe 1av d..1inq vith the order of the Boares of Adju.taent conceminq when a variance beeo... effective and the proce.. to be followed in t111n9 a board order 1. unclear. ApparentlY 1n .cae place. the order for a variance 1a filed with the county recorder but. aay not be recanted unt11 .0.. ti.e aucb 1atar re.u1tln; 1n .~ cantu.lon regardinq vben tha variance 1. aftactive. ReC01lllllendl!llt:.ion The .tatute .hould claarly atate that the variance beco.e. effective when the deci.ion i. aade by the Board of Adjuat.ent not. vhen it i. tiled with the county recorder. The .tatute .hould a1.0 .pecifY that a certified copy of the Board'. order ahe11 be tiled vith the county recorder within 60 daye follovinq the 4ecialon by the Board of Adjuat.ent. There ie no .antion in tha e.iatinq planninq atatutaa providinq au~ority to l~.l 90yernlnq bodie. to .atablish qualir~cationa and provida tunde tor traininq ot baard at adjuataent ..-ber.. .aco_andat:.loft Add a new aaction to tha lav that .,..ante authorlty to local .ov.rna.n~. ~o ..~~li.h qu.l1tiC&~ion. and provide trainlnq oppartuniU.. tor boari at adjuataant ..abara. 7/14/87 (COUNSEL j DPM SCSBB9-S 1 Subd. 8!. [BOARD ORDER. I A certified copy at any order 2 1..ued by the boatd of adjultment actinq upon an appeal from aft 3 or~erT_r..a.re.eft~T~deeiaioft-or-~e~e~.ift.etOft any action by an 4 administrative official, ot a teque.t fot a variance, shall be 5 tiled with the county recotder Ot regiltrar at titles tOt 6 tecotd, within 60 day, after the ordet il issued. unless the 1 applicant .qrees to an extension. The ordet i.sued by the board 8 of adjultment Ihall include the l~9.l delcription of the 9 ptoperty involved. Notice ot the order shall be mailed 10 immediatelY to the apolicant and any othet person at the hearinq 11 who submitl a written rtau_st fot mailed notice. The bo.r~-D1 12 or~tft.fte. QovetninQ body Ihall d..19n.t. by otdinanc. the eo~ftt1 13 local Qovetnment official or employee responsible tot meetinq 14 the tequit.menta of this subdivision. Any ordet iSlued by the 15 board ia etfective vhen illued. 16 Subd. 9 10. (RIGHT TO APPEAL. I All dlciaionl by the bOI.d 11 ot adju.tment in granting yarianc.. or in h.aring appeall tro. 18 any adminiltrative oeear,_...aire..nt,-daeil*on-or-4Iter.inatioft 19 ~ shall ba final except that any aggrieved pet Ion er 20 p.rIOft'T_or_.ft,_.e,.r~.lfttT-Boar4-o.-eo"*'lioft-of-the 21 ;.riI4iettoft-or-of, local Qovetnmant unit, at the Itate ahall 22 hava the rlqht to a~plal vithln 30 day.. Ifta. .ecalpt of notice 23 of the dlclaion, to the diatrict coutt in the county in which 24 the land i. located on qu..tions of law and tact. 2S Subd. 11. (TRAINING. QUALIFICATIONS.! Thl GovI.nlno body 26 may by relolution, e.tabliah aualitlcaticnl and .tandatdl fot 21 .ember. of the board of adiu.tm.nt. The GoverninG body may allo 21 aggrogtiate fund. to gav fot excenl.' incurred by board .emberl, 2' orior to or after agoolntment to the board, for attendance at 30 trainino or educational gtoot.m. whlch vill .lliet board .e.bet. 31 in ..etinG the eltablilhed aualitlcatlon. and atand.rdl. 3Z 33 34 SIC. 7. 46i.355 (394A.07! (PREPARATION. ADOPTION, AND 3S AMENDMENT OF COMPREHENSIVE M6NleIPA& PLAN. I 36 subdlvillon 1. (PREPARATION AND REVIEW.) alrora I local 16 rntrl~ive Plan For ao.. ti.. it ha. been unclear to many people if the curr.nt planning law. actually require the adoption ot a comprahan.ive plan prior to adopting raqulatory control. auch a. zoning and aub4iviaion ordinanc... R.c:omm.ndation Inaart languaga which spacifically atat.a that all local government unitl aUlt prepare and adopt a comprehenaive plan prior to adopting regulatory control.. There i. .0.. contu.lon in the aunlclpal planning law concerning who.i. re.ponaibl. tor preparation and review at the compreh.n.iv. plan. R.enmlll.l"Id.~ion 7/14/B7 (COUNSEL 1 OPH SC5BB9-5 qovernment unit may adOPt official controll, it must adOPt a 2 cOMPcehenliv. olan in accordance with section 9. subdivision 4. Th. planning .,ency commislion shall prepare the 4 comprehensive .Dfttc~p.l plan. In discharging this duty the 5 planning .,ency commission shall consult with and coordinate the , planning activities ot other department. and agencies of 7 the aantctpattt, local Qovecnment unit to insure conformity with 8 and to a'list in the development and-implementation of the 9 comprehenlive aDntCtpat plan. In itl planning activiti.1 the 10 U planning .,enc, commislion shall tak. due c09nizance of the plannin; activities of adjacent unitt of 90vern~ent and other 12 aff.cted public aq:.ncie.. The planning .,ene, commit. ion Ihall Maka i~ vary clear that 1~ 1. the ra.ponaibility of the plann1nq 13 periodically review the plan and r.commend amendment. wh.never commi..ion, not the plannin; aqency, to prepare the comprahen- 14 n.c....ry. .iva plan for .pproval by tha q:ovarninq bocly. ...nquaqa ahould. a1.o be lnaarUcl wblch raqulra. parlocllc plannlnlJ co_b.lon 15 Subd. 2. (PROCEDURE FOR RECOMMENDING PLAN ADOPTION AND reviaw ot the coaprahanlive plan. 16 AMENDMENT.) Th. plannin9 .,.nc, commilsion ~y, unle.. oth.rwile 17 provid.d by charter or ordinance eoft.t.teftt-wteft-tfte-aDfttCtpat 18 chare.., r.commend to the ;overning body the adoption aft. 19 ..en"lne-froa-tt.e-ee-tt.e- of a compr.henlive aDfttctpal plan. 20 The plan may be prepared and ..o,.e' r.comm.nd.d for adootion in 21 ..ctionl, .ach of which r.late. to a ..jor .ubject of the plan 22 or to a ..jor lJ809raphica1 ..ction of tho ..nieipaiitr.--'h. 23 ,o.e.ft'ft'-~f-"r-..ope..-tft.-ce.,reft.ftat..~..nte*..i-,i.ft-an. 24 ...ft...ftt.-to-tt-bf-~e.oiat*oft-.~~..tt..-to-tft.-,%.ftft*ft, 25 a..ncr local oov.rnment unit. aefora .4opt'ft, r.commendin4 26 _doDtion of the compreh.nsive aDftte.,.t plan or any section er 27 ..In"ent-of-the-,t.n, the plannin; ."ncr commis.lon Ihall hot. 21 et_ieaat_on._'DDitc_he.r~n,_thl.'on~__A_ftottc._of_tfte_e'.17 l' ,t.c._.n._,..poa._of_thl_hl..t",_aft.tt_.I_pa.~'.h.4_.fte._tft-thl 30 .fftc,.t-ftl.."".-O'-the-..fttetp.itt,-.t-i.e.t-t.ft-..r.-..'e.. 31 the-4a'-.'-th.-h....ftt ...t the notlce and Dublic h.arina The ..c~ion on plan i.pl...ntation i. not particularly cl.ar 32 requirement. speclfied in .ection .... 9iven .oa. of the change. to the la. that have be.n reco..ended ln tbi. .tucly. ' ]] S.bd.-i.--t~f9M-I'-&8VBRNIN8-&8I'Tt-A-p.o....' curr.nt planning language apecifie. notic. an4 hearinq raquir...nta for tha adoption or a..naent of the co.prehanaiva plan 1n the co.prahena1va plan .action. R.e~.nd.~iol"l To .iaplity the lagi.lation and to avoid cantu. ion it i. racoaaenda4 that notic. an4 public h.aring raquire..nt. tor adoption and ...n4aant ot the co.prahen.iv& plan and otticial control. be d.alt with in the ..ction on public haaring.. R.CoaB.ndll~ion Make .0.. ainor technical change. that vill clarity re.ponai- bilitie. and clean up the lanquaq.. 3& eo..r.h.ft....-'l.n-..-.n-...n...ftt-to-tt-..r-not-be-.et..-apoR 35 .,_tfta_.o.e.ft'n'_De.r_anttl_tt_ft.a_.eeet...~tft._ree08Aeft.atton 36 of_the_ptaftft'n,_.,enc,_o._.nttt_,._..,a_h..e_eiapa.._1.o.-tfte 17 7/14/81 (COUNSEL J OfM SCS889-S 1 d.te_."_...ftd..ftt_p~ope.ee_by_tfte_90.erfttft,_~edy_ft'S_Deeft Z aabmttt.d_to_tfte_ptaftfttft,_a,.ftcy_for_tte_recommeftdatioftT--antea. 3 etnerwte.-proyte.d-by-cnartefT-the-,Oy.,ntft,-boey-mey-by 4 r..oi~ttOft-bl-.-t.O-tft*'d.-.ote-of-.ii-of-*t'-meMDer.-.dop~-.nd 5 eaend-the-eomprenen,ty.-pien-o,-po,eton-thereof-es-tfte-off~e~.i 6 .~ft'etp.i-,t."-apoft-.aeft-not*ee-.nd-fte.r*ft,-..-m.Y-be-p..sertbed 1 by-ordin.neaT current plannin;'enabling 18g1alatlon 1a not clear concerning 8 Subd. 41. [INTERIM ORDINANCE. 1 It. Muntetpattty local whether a public h..ring 1. r.~ir.4 tor the adoption ot an interi_ ordinance. 9 qovernment unit 11 conducting studies or has .uthorized a st~dy ReeOlllJllandAt1on to to be conducted or n.. held or h.. Icheduled . hearinq tor the Make it clear that the adoption of an int.ri. ordinanc. 40.. not 11 purpose ot conaiderinq adoptlon or ~endm.nt of a comprehensive ~:~;~~.~ toraal pUbllchear1n9 a. 1e requir.d at other otticial 12 plan or official control. a. defined in .ection 46iT~5i? 13 .~&4tyt.tOft-~S~, or it new territory tor which plans or 14 control. have not been adopted i. annexed to a .~fttetp.~tty 15 local Qovernment unit, the qovernin9 body of~the-.~fttetp.~ttJ 16 may adopt an interim ordinance bY ~iority yote ot it. members 17 applicable to all or part of itl jurildiction for the purpo.o of CUrrent plann1nq lanquaq. do.. not Ip.cify what type ot ..jority 1. n.c....ry for the qov.rnin9 body to adopt an int.ria ordinance. Reeo1!llJl.endBtion Make it cle.r that a aiapl. ..jority i. all that i. nece..ary to adopt an interia ordinanc.. Thi. would be con.i.tent with what i. required for comprehen.ive plan. and zonin9 ordinanc... 1 I 18 prot.ct1n9 the pllnninq proc... and the health, ..tety and l' weltare of it. citia.n.. The int.rim ordinance may ,equlete, 20 re.trict or prohibit any u.e, development, or .ubdivision within 21 tho jurildiction or a portion theroof for a period not to e.cood 22 one year froa the date it 1. ettective, and may be extended 23 for ..eft additional period. a. the ..fttetp.~ttJ local Qoy.rnalnt 24 ~ may.... consider appropriate, not exc.edinq a total 25 additional peri04 of i8 !! aonthl. No interim ordinance may 26 halt, delay, or impede a .ubdivision which ha. been qiven 27 preliminary approval prior to the eftective date at the interi. 28 ordinanCI. Notice and a oublic hearinQ are not reauired tor the 21 adootion ot an interia ordinance. An interia ordinanc. mu.t be 30 published within I rea.onable tim.. but notwith.tandinQ any law 31 or charter provision to the contrary. is ettectiv. UDOn 32 enactment. 33 34 35 Soc. 8. (394;081 (IONING.I 36 &ubdivioion 1. (AUTHORITY PBR-I&NtN8.1 '.o-oho-,.o,..o-ol 18 R:~. p~O.ottft'-tfte-pa~ite-ft..lth7-I.fetY?-MO~.tl-.ftd-,eft.~.i-..if.~.? 2 A aafttet,.ttty loe.l Qovetnment unit may by ordinance re9ul.te oft-tfte-..~tft~1 surtaee, *ft-~fte .ir Ipaee .~o..-tfte-'a~t.e., ~ and aft lublurtace afeal?-tfte-toe.t~oft?-he*.ht?-.t~thT-eatk?-type S of_foaftd.ttoft?_ftamee~_of_lto~*e'T_I*.e_of_batidtft,,_.ftd-othe~ 6 .t~aeta~..?-th.-pereeftt.,e-of-tot-.h*eh-..,-be-oeeap*.dT-the 7 .*e._of_,.~dl_eftd_oth'~_Opeft_lp.e"T_eh._deft.at'_.ftd 8 d*.t~*bat*Oft-of-popailt*OftT-tftl-a.es-of-De*td*ft,s-.ftd-1t~aete~" 9 for_e~.deT_*"dalt~YT_re'*deftee?_reeie.ttOft7_pabt*e_.et*.tetesT 10 o~_othe~_parpol"T_Iftd_th._as.._of_taftd_for_tr.deT_*ftde.try? 11 ~e.*e'fte'T-~.e...ttOftT-.,rteaitar.?-for..e~YT-IOtt-eOftl.r..ttOftT 12 ..te._.epply_eOftler.letOftT-eOft.er..etoft-of-.horetlftdIT-.. 13 deftfted-tft-..eetOft-ttST4eS?-.eel..-to-dt.eet-.aftit,ftt-tor-.oiar 14 enlr,Y-.,lte..-I.-e.ttfted-tft-.eettoft-tt6iTt'7-ttood-eontrot-or 15 othlr-parpo.e'7-lftd-.'r-l.tabit.h-.tlftda~dl-.ftd-p~oeederII 16 r.,atat*ft.-.aeh-e.e'T--No-.e,atlt*oft-"r-p~Oh.btt-.arth 11 .heite~e.-eoft.t~eett.ft-I.-..ftft..-.ft-l.ettoft-ii'IT"7 .~ 11 .abdt9t..oft-iy-o.-..fta..ee....-h....-b..tt-tn-e.nfor..ftc.-.teh 20nina OrdinAnce Th. Ilnqu&,. dIal in, with authority and gen.ral requir..entl ~r zoning ia pr..ented in an uncl.ar and oVlrly wor~y mannlr. It requir.. I par.on ..ekinq information to read through an .n~ira p~r.grlph to obtain the n.e....ry information. R.comm.nda~ion R.vi.. the format of Subdivi~ion 1 and Z under H.5.462.357 d.aling with zoning to provide e..i.r aeee.. to nec...ary information. Thar' haa baan contu.lon for ao.. tlm. oVlr the relationlhip of tha comprehanaiva plan and tha lon1ng ordinanc. and what it 21 ..ana to hava the lonin9 ordinanca further the purpo.e .n4 objectiv.. of the coaprehlna1ve plan. 22 "c~ation' Add IIft4Ul,e to the law thlt apecifically require. the lon1n9 ordinance to be conaiatent with the coaprehen.iva plan. In addition the langua,a ahou14 al.~ include a datinition of what it ..ana to be con.i.tant. 7/14/87 (COUNSEL I DPM SCS889-S 19 20 ..ee.eft.-ai~Ta.-t.-ai~TaS-t~.e-eo...y-.ttft-att-othe.-.Oft~ft, ordtftaftce.-......,ate4-pa....ftt-eo-tht.-..ettOft for the DutDO.. of promotinG the Dublic h.alth, .af.tv, .orall, and oeneral weltar.. Oftici.l control. adooted under thi. authoritv ahall 23 imol...nt the OUfOO... ob1ective., and DOliei.. ot the 24 comorehenaive plan and mav include the feature. In thil aeetlon. 2S Official cantrall aUlt be con.iatent with the co.or.heftlive olano 26 Conliltent mean. not .11owLna land ule and develoom.nt th.t will 27 Dr.vent the Dlanned Ilnd UI. al deaianlted within .pecific at.a. z. in the cO.Drehenlive olan. 2. Subd. 2. (ZONING DISTRICTS.] The re9u1ation. adooted under 30 thil .ection ..y divide- the auttace, ."ge-..~f.ee airaDAcI, and 31 lubaurtace area. of tha ..ft..*pat*t, local Government unit into 32 4iltrict. or aone. ot aultabl' nuaber., ahlpe and atea. The 33 r_,ulltion. tor each 4iattict ahall be unitor. for .ach cl... or 34 kin~ of buildin,a, atructure. or lan4 an4 tor .ach cla.a or kind 3S ot ua. tft.e.,he.t-.aeft-...te*etT-bat-the~ .e9ulatlona in one 36 dl.trl~t..y differ fro. tho.e in other dl.trl~t.. 'he 19 , ~ I The ~ounty and city planninq lava are n~t conaiatent 1n ~.raa of what can be ~equl.t~. Thl. ia unn.c....ry and cau... cantu.lon. R.eomm.nd.~ioft Add requlatory lanquaq. to the county plann1n9 lav and the J' aunlclpal plannlnq law which will brlnq th.. into qr..ter conforaance. No ..jar aubatantlve aaendaent to tha authority 1. raco...nded. 7/14/87 (COUNSEL I OPM SCS88~-S 1 e.d~ft.fte._..bO.rtft._~ft'.'_f..a~.ttoft.-.ft.i~-~...fto.ft-.,-tha Z .Oft*ft._or.tft.fte._.ftd_.ft.~i_eoft...t-of-te.t-.ftd-"P'T--A-city-." b7_or.tft.fte._..t.ftd_tfte_.pp~*e.ttoft-of-tt.-.o"tft9-r..aiattons-tO 4 .fttfteorpor.te.-terr'tor,-t~e.t.d-w*tft*ft-t.o-a*kes-of-*e,-zt_tt. S tft_eny_dtreettOftT_bat_not_tn_e_eoaftty_or_towft_wfttcn_h,.-adopted 6 .oft*ft,_re,~l.tte".~_pre.t4e4-tft.t-wfte.e-~we-o.-.ore fteneoftt*9uo~.-.aft*ctp.itt*..-fta..-aOBft4a.te.-ie..-t~aft-foa. 8 .tl.._.p.rtT_e.eft_t._.atfte.tee._to_eofttre~_tfte_.oft*n9_0f-~.ft4-on 9 *t._.i4._o!_._iine_e~~*d*.t.ftt_b.tweeft_tfte_two_nefteoftt*980a. 10 .~ft*eip.i*tie.-aftie..-.-towft-er-CO~ftt7-*n-tft.-.ffeeteo-area-fta. 11 adopte4-eonin9-regal.tioft.T--An,-cit,-..y-tfte..after-eftforee 12 .~eft_re9aiatton.-in-tft.-.re.-to-th.-....-..t.ftt-..-tf-.ach 13 ,ropert1_w.re_.*ta.t.4_witft*n_*t._corper.t._it.*taT_~fttii-tfte 14 coaftt,_or_towft_eo.rd_.4opta_._eoa,refteft...._.ofttnt_re9alation 15 whteh-tnelaae.-the-are.T 16 8abdT_iT__t88Ne~_ReeaIREMBN~9T+_Ae_aO,_eo.e_afee._eha 17 .4e,tion-of-.-ian4-..a-,i.n-foe-th.-..ntei,.ittyy-thl-,iaftfttn, 18 ..efteyy_fer_the_,.rpo.._of_c.rr,tnt_o.t_the_policte._aft._,o.l. 19 of_th._i.n._..._,i.ftT_..y_~.,..._._,eopes.4_.ontn._o.4*n.nea 20 .n4_e.b_it_tt_to_tha_to..rnin9-bod,-wtth-tte-.eeo..aft..ttons-for 21 .do,ttOftT__e.bieet_to_tha-r...ire..nte-ef-..bdt.tetofta-iy-4-and 22 5y_the_,o.e.n*n._~r_"f_"O,t_.ft._..en._a_eoft*ft._or.in.ne.-br 23 ._t.O_tht..._.ot._of_.~~_it._.e.b...T__lt_th._eo.,raft.n.i.. 24 .~nt.t,.~_,..ft_t._ift_eoftfi*et-.*tft-tft.-.oft*n.-o..*ft.fteay-th. 25 .Oft'ft,-o.'tn.ftee-.~,.rl.4a.-th.-pi.ftT 26 S~b'T_4T__tAMINBM8N'8T+-Aft-...ft4a.ftt-to-.-.Ofttft.-or.*ft.ne. 27 ..,_b._'n*t*.t"_b7_tft._.o.a.ftift.-bo.ry-th.-.~.ftn*ft.-..enefT-or 2. b,_,.eteooo_of_affaoead_prepe.e,_ewna.a_aa_dafonad_to_eha_aonto, 2' e.dtnanoaT--Aft-..andaaoe-ooe-tntetaeed-by-eha-ptannon,-a,an0' 30 .h.ii_.._..f....._to_th._'t.ftfttft._...fteyy_tf_tft.~._t._oft.y-eO~ 31 .t.4r_.ft._r....e_.ft....r_ftot_.._.et.._.poft_~r_tft.-.o..rnt"'_...f 32 .fttit_tt_h.._ree.t..._th._r......ft.._toft-of-tft.-...ftft.ft,-.,.ftey 33 oft_eft._,.opo..._...ft"'nt_or_.ftt*~_'._..7._ft..._..a,..._fre.-th. 34 '.ta_of_..fe.ane._of_tha_...ft"eftt_wttftoet_a_.eport_ay-th. 35 pianntft.-.'.ftCrT Subd. 3, [TYPE OF REGULATION.) A local Governmant unlt may 20 , Lanquaq_ ratarancinq .har.land, floodplain, &qrlcultural pr...rvatlon, an4 hi_torte pr...rvation activiti.. 1. lacking in the currant law. R.eomm.nda~ton In..rt the appropriate at.tutory rat.ranc.. tor .ho~l.nd, flOodplain, aqricultural pr...rv.ticn, and blatorlc pc.a.rv.tian activiti... 1 I 1 7/14/87 [COUNSEL I DPM SCS889-S 1 establish .tend_rd. and procedures reQulating the use of land Z includinqa 1 fa) The ue. ot lurtace, subsurface, airspace, or surface of . water tor trade. industry, relidence, recreation, aqriculture, 5 forestry, loll conlervation. water supplY conservation. surtace 6 water, drainaqe and removal, conlervation ot shorelands .1 1 defined in lection 105.485; or other purpases. Official 8 controll may allo be aoplled to hlltoric oreservation as detined 9 in .ection 471.193, aaricu1tural land Dra.ervation al detined in 10 lection 40A.05. wetlands oreslrvation. open IPace. parks. lewaae 11 diIDO.al. orotection of around water. protection of flood plains 12 a. defined in section 104.02. protection of wild Icenic or 13 recreational riverl, protection of 110oe. .oi1.. unconsolidated 14 mAterials or bedrock from ootentilllv damaaina dev.looment, 15 oreservation of torests. woodlands. and essential wildlit. 16 habitat. reclamation of non-metallic mining land., protection 11 and encouraaement of acce.. to direct sunliaht for solar enerqv 18 .v,tema. l' (b) The d.. ion of Itructures inc1udino'the location, 20 heiobt. width. bulk, type ot foundation, number ot storie., lill 21 of buildinG. and other structure., the Dlrcentaoe at lot which 22 mAY bl occupied. the lill of yardl and other ooen 'DAces, the 23 dlnsitv and distribution ot oceui.tion, thl us.s ot buildino. 24 and structurel tor trade, industry, re.idencI, rlcreation. 25 public activitie.. or other pureo.e., Drotectivl mea.ure. 26 neces.arv to protect the oublic inter.at includinG control. 21 relating to lope.ranCI, eian.. liGhtinG. hour. of operatlon. and 21 othet ae.thetic or performancl char.ctltilticl includinG noi.e. 2' hlat. alar.. vibrations. and amoke, and the arl. rlQUired to 30 Drovide for off-.treet loadina and oatkina facilitle.. 31 No reGulation may orohiblt .arth-.helterld conatructlon a. 32 defined in section 1163.06. .ubdivision 2. or aanutaetured home. 33 bullt in conformance with .ectiona 327.31 to 321.35 that comDlv 34 with .11 other zoninQ ordinance. adooted undet thi. ..ction. 3S Subd. ,. 1. IpeRMt~!a-Yge9 LICENSED RESIDENTIAL 36 FACILITY. I It is the policy at this stat. that handicapped 21 Sou ~.c:IlIIical chanq.. ara naa4a4 in SIlbcI. 'a a1\4 11lbcI. a ~o clarity wba~ 1a ..an~ an4 ~o br1nq the lanquaq. up ~o 4at. w1th ~rr.n~ tar,alnolo;y. . R--......''"'" .datian Ad4 the dafinition of ~p.r.on. to S~. ,& rather than rater.netn; it to another ..ctton of the atatut.. .. 1. 40na now. Alao chang. the U.. ot the tara .zon.- to district- to contora to langua;_ currantly 1n u.. 1n .oat ordinanc... Chang_ the title of Subdivision. (toraarly Sub4. 6.) to MLicen.ad a..ldantial Faciliti..- to mora clearly reflect the intent of this aubdivision which ia to prevent local governmant. fro. deny1n9 such taciliti.. in re.idantial neighborhoods. current le;tel.tian doe. not apecity that dadication fund. .., be collected 1n c.... where co...rcial or industrial build!nq8, .pare-anta, or 81n91. f&ally dwell!nq. ara bullt on existing lot. wbere aubdlvia10n appaval va. not nee...ary. ..e~.nda~ton latab11l1b a nev .ect1on vbicb crut.. an -i.pact f..- that. would allow local 9overnaant. t.o coll.ct . f.e at. the ti.. the bu114inq para1~ 1a 1a.ue4 tor projeate no~ requirinq .ub41viaion approval. 7/14/87 I COUNSEL I OPM SCS889-S 1 Plr.on. and children should not be exclud.d by .dft~e~p.i zoninq 2 ordinanc.. or other land u.e requlations from the benefits of 3 normal fe.id.ntial lurrounding'. For purposes of 'ded~.~st&ft. 4 '.-chro.,h.9 this subdivision, "perlon" ~..-the-~e.ftt~9-9~.eft-~ft 5 ..etton-i4ST,ea,-ldDdt.tlioft-a meanl an adult who is handicapped 6 bY r.a.on of aQe. mental retardation. mental illness. chemical 7 dependency, or physical handicac: a Child, whether handicapped e or not: and for the purposel of adu:t day care, adult foster 9 care. and supportive livinQ residence.. an adult who i. 10 functionallY impaired. 11 S.bdT-fT--tP8RMi~~89-SiN6~8-PAMi~V-ijS8Tt 1!l A..... 12 lic.nsed fe.identlal tacility s.rvlng .ix or fewer perlonl or a 13 11c.n..d day care facility .erving 12 or tewer perlon' .hall be . 14 oon.idered a p.rmitted lingle tamily r..idlnti.l u.. at property 15 for the purpo... of lonin9. 1& S.bdT-8T--tP8RMi~~8&-Mij~~iPAMi~V-ijS8Ti 121 Unl... otb.rwi.. 17 provid.d in any towft7-.afttetpai-er-eoaftty loc.l Qov.rnment unit 11 &onin9 r'9ulation .. .uthorized by thi. .ubdivision. a .~.te 11 licen..d re.idential facility ..tving from 7 through 16 perlon. 20 or a 11c.n..4 4ay car. tac11ity ..rY1ng trom 13 tbrougb l' 21 peraon. aball b. cona1d.r.4 '.-per...... .n ollow.4 multitamily 22 re.id.ntial u.. of property eor purpose. at 80nin9. A towftent" 23 ..nt.t,.i-or-eo.ftt7 loc.l Governm.nt unit zoning authority ..y 24 require a condition.l u.e .r-...et.'-." permit in ord.r to 2S ...ur. prop.t ..tntenanc. .nd operation ot a facility, provided 26 that no condition. .h.ll be impo..d o~ the facility which are 27 mor. re.trictiv. than tho.. impo..d on other conditional u... .. 21 .,.e..i-.... of r..idential property in the .ame .ofte. di.trict, 21 unl... the .dditional condition. ar. n.c....ry to protect the 30 haaltb an4 aat.ty ot tb. r..14.nta ot .h. r..14entia1 toc11ity. 31 Mothln9 her.in Ih.ll be con.tru.d to exclude or prohibit 32 r..i4.nt1al or 4ay cara taciliti.. trom .1ngl. tamily .ea.. 33 d1.tr1ct 1t otb.rw1a. permitt.4 by a local loninq ragulat10n. 34 Subd. ~. [IMPACT FEE. I A local Governm.nt unit may coll.ct 35 .n i.oact f.. when a buildina o.r.it is 1.lued tor Droi.ct. not 36 reauirinQ .ubdivi.ion .Dorov.l. F.., o.id shall b. olac.d in a 22 . La_g. c1U111lCJ vith the initiation of cOIIp..ah.naiv. plan. and ofticial control. O~ the initiatlon ot aaendaenta to th... plannlllCJ d_U 1. locatad in diU....nt ..ctiona of the pl.nnint lava. IIOraovar tba law 1. not. 01..1' on whethar the local gov........t WIlt _.t grant. b....illCJ on the petition of ovn.... of the .111>:1- property. II.C~lIl'lll.nd.'t:.oft Loc.te tI>. l&ft9\lag. d.a111lCJ viti> the initi.tion Of coap..abanaLva plana ~nd otticial control. and amendment. therato 1n a ..parat. aubdv1810n under .otticial control.- antitlad -Initiation-. Alae Inclu~. lanqulg. guarant..1n; a baar1n; on the petttion for 10 inltiatlon of an ..andment. to the &on1n9 .ap or a ralon1ng by .ttactad property owner.. . In the .action of the law deal in; with a..ndment. (M.S. .62.357 Subd. 4), thaI" 1. . ti.. limit of 60 day. .tip~l.t.d tor plannlnv co..i..ion review. No .uch review pariod 1. ..ntloned ln the county pl.nning l.w (K.S. 394 Subd. 10). Al.o provialen. 1n N.S. .62.357 SUbd. 5 which d.al with ..andment. tor olt!.. of the tir.t cl... are inconliltent with other .ection. ot the law d.alin; with ...n~.nt.. R.eo_.l'ld.~iol'l. Th. lanqua;. in the county planning law Ihould provide tor a 60-day review by the county planning commi..ion jUlt a. it currently doea tor citie.. Thi. i. another area where con.latency could ba achieved br ~o~in~~~ ~he two lawl. 7/14/87 (COUNSEL J OPH, SCS889-S 1 IPecial fund to be used onlY tor the public purposes speCified in .ection .ubdivision 3. 2 3 4 5 Soc. 9. (394A.09J [OFFICIAL CONTROLS. I .... 6 Subdivision 1. {INITIATION. 1 Comprehensive plans and 7 official controls or amendments thereto may be init~ated bv the aoverninq body or the olanninq commi..ion. An amendment to . 8 9 zoninq map or a rezoninqamendment may allo be initiated by petition of all the subiect propertv owners. Upon receiPt of a petition of the subiect property owner I the qoverninq body or plannina commission mUlt qrant a hearinQ accordina to section 11 12 13 Subd. 2. (REFE:RRAL.) Any prOpOsed comprehenlive plan. 14 official control. or amendment to any exiltLnQ comorehenllve 15 plan or officIal control that i. not initiated bY the plannina 16 commil.ion mUlt be rlferred to the planninq commission. if there 17 i. one. for atudY and repOrt. The aovlrnlnQ body shall not act 18 uoon a proDO.ed comprehenaive olan. official control, or 19 amendment until it haa received a written recommendation ot the 20 olannina commi.sion on the orooo.al or until 60 daY' have lap.ed 21 from the date of the .tart oe the publiC he.rino held on the 22 orooo..l. 23 sub!. 3. (HOTICE AND PUBLIC BEARING. I An official control 24 or comorehen.ive olan may not be adooted or amended until the 25 notice and public he.rino llGUirement. aoecitied in .ection .... 26 are .et. 27 Subd. 4. (ADOPTION.) The Governina body may by re.olution There i. aoae contualon in the .unicipal planning lav 21 adOPt or a.end an offici.l control or comprehenllve pl.n a. concerning who i. re.ponaible tor preparation and review ot the co.prabanaive plan. 29 recommended by the olanninQ .commi..ion bv a ma10rltv of .11 of R.e,.,.....ftd.~iClft 30 It. .ember.. It a planninQ commis.ion doe. not exi.t or f.il. Make lt vary cl.... tbat it 1. the ....ponaibl1tty of the plann1n9 31 to &ak. a rocoa..ndatlon withln 60 d.y.. or if the Qov.rnine oo-.1..ion, not ~e plannint aqenGy. to prepare the coaprehen- .iv. plan for approval by the governing body. Lanquaq. abould 32 bodY doe. not tollow the DlanninG co..i..lonl. recommend.tion. &l.o be 1naeRad vIl1cb ...9"1.... pe..lodlc plann1n9 c....1aaLon review of tb8 ~rebenaive plan. 33 the aoverninG bodvaav .doot or amend an official control or 34 com~r.h.n.iv. 8&0 onlY by a two-third. vote of all of It. ACCOrding to ao.. local ottic1al. reloninq procedurea are bain; violated by loc.l 9overnaent. who iapo.e .pecial conditione or ra.triction.on the u.e of the property to be rezoned. It 1. t.lt that re.triction. and condition. ahou14 aore properly occur vben 9Tanting conditional ua.. not rez:onlng-a. , bc_don Add . new ."bcUviaion 'to the law that deal. with reloning'. and aake. i't unlawflll for a local governing- body to iapo.. .pecial ~e.triationa on requa.ta tor raaon1nga. 35 memb.ra. 36 Sub!. 5. (REZONING.) Conditional r.zoninq i. Drohibitod. 23 7/14/87 (COUNSEL I DPM SCS889-S If an a~.ndment to a zoninQ ordinance constitute. rezoninQ, the QoverninQ body may not Imoo.. condition. or I~.ci.l restrictions on the uae or develoDment of the prOD_rev II . reauirement of 4 the razonino. S 6 7 Soc. 10. 394.36 (394A.l01 (NONCONFORMITIES. I 8 Subdivision 1. (AUTHORITY TO CONTINUE.j Any nonconformity 9 includinq the lawful use Of occupation ot land or premises 10 exiltinq at the time of the adoption of an otticial 11 control he~..ftder may be continu.d;~.xcept al requlated, 12 terminated or acquired by the 80ard QoverninQ bodY .1 provided 13 in lubdivilion. 2 or 3, althouqh ..eft Sh! u.. or occupation do.. 14 not conform to the provilions thereof, but if ..eh !hI 15 nonconformity or occupancy ia discontinued tor a period ot more 16 than on. y.ar, or any nonconforminq building or structure il 17 destroyed by fire or other peril to the extent of 50 percent of 18 its market value, any .ublequ.nt u.. or occupancy of thl land or 19 premis.. .hal1 b. a conforming u..or occupancy. ~ i 20 Subd. 2. (ELIMINATION.I Tho ....4 eovornine body may by 21 ordinanc. adopt ..e~ ragulation. not contr.ry to lav .. ~ it 22 ..... con.id.r. de.irable or n.c...ary to cla..ity, regulat. and 23 control, reduce thl numblr or IX tint of .nd provide for the 24 gradual .ll.ination of nonconfor.iti.. and occupancl.., 25 inc1udln9 roqulr1n9 nonconfo.alti.. to confo.a with tho offici.l 26 controls of the eOQfttr loc.l Qovlrnment unit or t.rminatl within 27 a rla.onabl. time a. .plcifild in the official controll. The 21 board GovlrninG bodY ..y by ordinancl impo.. upon 29 noncanlor.iti.. additional regulation. rll.tinq to appearancI, 30 ai9na, 1lghtln9, hour. of operation and oth.r ...th.tie 31 perfor..ncl cbaractlriatlcl inCluding but not limited to noi.., 32 h.at, glare, vibration. and lack.. 33 Subd. 3. (ACQUISITION. I A nonconto.aity th.t 1. d.t..ained 34 by thl ~rd covernino body to b. d.trl..ntal to thl achi.v...nt 35 ot the 90al. and objectlv.. of the comprlhlnaiv. plan ..y be 36 acquir.d by the board Govlrnino body by purch.... 24 7/14/87 (COUNSEL I DPM SCS889-5 2 S.c. 11. 46i.358 (394~.111 {PROCEDURE FOR PL~N eppee9Y~918M IMPLEMENT~TION' SUBDIVISION REGUL~TIONS, I 5 BoblltT-ia Subdivision 1. (AUTHORITY.1 'to protec" And 6 promote the public health, ..tety, and general weltare. to 7 provide tor the orderly, economiC, and .at. development ot land, I to preservI agricultural landi, to promote the availability of 9 housing affordable to perlonl and tamili.. of all income levels, 10 and to tacilitate adequate provilion tor transportation, water, 11 ..waqe, storm drainaqe, achool., parkl,'plaY9rounds, and other 12 public ..rvice. and taciliti.., . ..fttetp.ltty local Qovernment 13 ~ mAY by ordinancl adopt lubdivision requlations eltablishin; 14 It.ndardl. requirements, and procedure. tor the review And 15 approval or di.approval ot I~bdivilion.. The r.qulation. may 16 contain varild provilion. r,.plctinq, .nd bl madl applicable 11 only to, certain cl..... or kind. ot aubdivilion.. Thl 18 r.qul'tiona Ihall bl unitor. for each cla.. or kind at 19 .ubdLvL.Lon. . ~bdivi.ion R.~la~ton. Th~ county planning lav while .antioning only vary brietly ha subdivi.ion ot land a. an otticial control provid.. little n the way ot quidance concern!n; authority, terma ot the equlationa, platting, tiling and recording ot conveyanc.. and roc.dure. tor notitying town., y.e, mo.t county .ubdiviaion aqulationa contain juat .uch ala.ent.. Allo moat ot the.e lament. are covered in tha .unicipal planning law. '.en1!l.m.nda~ion ~he lav .hould be ...nded" to provida counti.. with the aa.e ~iding authority to davelop aubdivision r.qulaeion. a. that )o......d by citi.a and town.. .. .unlc:ipallty aay extend ita lub<Uviaion control a two .il.. boyond Lt. bound.ri.. ovon it 0 county ~.. .ubdivi.ion control.. 20 ~_..nt.tP.tt'r_"r-br-....t..t.n-....nd-'h.-.PPtt...t.n-.f The only time a city .ay not axtand ita aubdivi.ion authority into th. two .Llo or.. io w~on .n adj.c.nt town ~.. adopt.d 21 t.._..bdt.t.t.n_....t..t.n.-..-.ntn...,.....d-....t...r-t.e...d aubdivi.ion requlation.. Thi. il ineon.iatant with provi.ion. in th. 1.W w~ic~ ro.trict th. city troe oxt.ndin9 lonin9 r.9U1a- 22 wt.htn_...-.tt.._.f_t..-ttet..-tn-.nr-dt....t.n-b..-n.o-tn-. tion' into tha two .ila ar.a it .ithar tha county or tha town- .~ip hay. .dopted aonift9 control.. 23 ...n_whteh_h.._.d.'..d-..bdt.t.t.n-....t..t.n..-'...td..-oh.' Th. city .~ould be pr...nt.d troo .xt.nding it. .ubdivio1on 25 t..._.h.n_f...-ett..-.,...T-...h-t.-..Oh..t...-o.-e.no..t-oh. authority into tha unincorporated ara. whan aithar the county or tho town h.. .ubdivi.ion regul.tiona in torc.. Kokin9 Ohi. 26 ..bdt.tot.n_.f_t.nd_.q..t-dto..n..-f...-t..-be.nd..t..-wt.htn changa vill aata axtraterritorial provillone for aub4ivi.lona and &onlnq conalatant with aach othar. 27 cftia-ar.ay 28 Subd. i.!. {TERMS or aEGULATIONS.\ T~. .t.ndarda .nd 29 require.enta 1n the regulations ..y addre.. without limitations 30 the .ial, location, grading, and iaprov..ent of loti. 31 Itructur.., public ar.." atra.tl, road8, trail.. walkway., 32 curb. and guttar., vater lupply, .tora drainage. lighting, 33 .avarl, electricity, g... and other utl11ti... tha planning and 34 4..19ft of ait..' acc.aa to aolar anargy. and tha peotection and 35 conaarvation of flood plaina, ahora landa. 1011a, watar, 36 veg.tation, energy, air quality, and ;lo1091c and ecoloqic 2S 7/14/87 (COUNSEL OPM 5CS889-5 ,~ 1 leature.. The regulationl Ihall require that subdivision. be 2 eonliatlnt with thl .~fttetp'ttt7~' official mAp if-one-exile. .ftd-tt.~ loning ordinancl, ."~-~.,-re~Utr.-eoft.tlteftey-.ith ~ 4 other ofticial controls .ftd-the-ee~pfeheft'*.e-pl." of the local 5 qovernment unit. 6 The requlations may prohibit certain cla.ses or kinds of 7 lubdivisions in at... where prohibition ia consistent with the e camprehenllve plan and the purpos.. of this section, 9 particularly the pre..rv.tion of agricultural landl. The 10 rlgulationl may prOhibit, restrlct or control development for 11 the purpose of protecting and a.suring acel.1 to direct lunlight 12 for lolar energy 'Yltems. The r_QuIations mAY prohibit, 13 restrict, or ~ control lurtac., aboge-...faee air IDace, or 14 lub.urfac. development for-the-parpo..-of-proteettft,-..b...faee 15 ..e..-fo.-..~.ttft,-o.-potefttt.s-.tft.d-aftder,.o.ftd-.p.ee 16 de.e~opaaftt-p.r...ftt-to-..ettoft.-.~iBT'3-to-.~iIT'~T-aftd-aeee.. 11 tna.ato. The ragulation. may prohibit the i.auance ot building 18 parmit. for any tracta, loti, or parcel a for which required l' lubdivision approval ha. not-been obtained. 20 Th. r.gulationa ..y permit the ..nocop.ootr l25!l 21 Government unit to condi~ion its approval on the con.truction 22 and in.tallation of lewer., Itreet., electric, ga., drainAgI, 21 and vatar tacilitie., and .imilar utilitie. and improv...ntl or, 24 in lieu thereat, on the receipt by the ..fttetpaitt, l25!l 25 qovernment unit ot a cash dapo.it, certitied check, irrevocable 26 latter of credit, or bond in an ..ount and with surety and 21 conditions sufficient to a.lure the ..fttct,astty l25!l 21 Government unit that the utilities and improve..nt. will be 2' constructed or in.tallad according to the .pecificationl ot the 30 ..fttct,.*tt, local Qovernmant unit. Tha regulationl ..y par.it 31 the ..fttct,.it', local Government unit to condition ita approval 32 on complianca with other requira.ent. raa.onably related to the 33 provilion. at the regulation. and to execute developeent 34 contracts e.bodr'ft' containina the term. and condition. at 35 approval. The .afttctpaittr local Qovernment unit may entorce 16 ..c~ the agreement. and conditions by appropriate legal and 26 r------ , There 1. no lanquaq. 1n the ..ctton on IUb41vialona which ~rovi4.. tor or requir.. the return of funda dedicatad tor parka or public u.. it the aubdlvl.1on i. not approved. Moreover, currant iagillaeicn do.. ~ot apacify that dedication fund. aay b. collected 1n c.... wher. co...rcial or lnduatrlal building., .pareaanta, or 11n91& "..11y dwelling. ara built on axiating lota not approved througb noraal aub41v181on procedur... R.oomm.nda~ton aequire the para.nt of fund. for parka or public u.. only attar the aub41vlalon ha. ba.n approved but prior to tiling_ Alaa provide that local government. aay collect . dldication t.. at the tlm. a build!ng perait i. i.auld for project. not requiring aubdlv1810n approval. M.S. 6'2.251 Subd. 2b allow. a city to raquir. in it. aubdlvlalon raiUlation. that each aubdividar dedicate land or an equivalent ..ount of aon.y for public u... A growing nuab.r of local govanaanta would like to u.. tha .on.y fo~ davalop.ant rathar than land acquialtion. Howevar, ..ny local governaant. do not believe the lav i_ claar on thi. .atter. In addition no auch provlaion i. included in the county planning law. R.e~.~~icft In..rt lanquA9. in the lav that ..~. it claar that local 90varnaental unite ..y u.. tha aonay da41cate4 for parka for aithar acquiaition or devalopaant. ~1 I 1/16/11 (COUNSEL I OPM SC5889-5 equitable r.m.di.'. Subd. io!. (DEDICATION.) The requl.tion. may require thAt a realonable portion ot any propoled lubdivision will be 4 dedicated to the public before the subdivision is tLled or Z 5 pre.erved and developed tor public u.e a. .treetl, roadl, 6 lewer., el.ctric, 9al, and water tacilitiel, Itorm water 7 drainage and holdinq area. or pond I and limilar utilities and 8 improvements. g In addition. the requlation. may require that a reasonable 10 portion of any propo.ed lubdivi.ion ~ be dedicated to the 11 public atter the local Qovernment unit hal certified final 12 a~~rov.l ot the lubdlvilion apolication or prelerved and 13 dev.laced tor public u.. .. parkS, playground., trail., or open 14 .pac.T-,ro.tde4-tn.t-t.t. When eltabli,nino tne reasonable 15 pert ion to be dedicated, the requlationa may consider the open 16 space. park. r.cr.ational, or common area. and tacilitie. which 17 the aoplicant propel.. to r..erve tor the .ubdivilion. Th. 18 local oovernment unit mUlt r.asonablv d.t.rmine that it i. 19 necalaarv to aCQuir. that DOrtion ot land tor tne putpa... 20 Itatld in thi. paraoraoh a. . result ot approval of the Zl oubdlvi.lon. 22 the ..fttctpaiier local aovernment unit may choo.. to acc.pt 23 an equival.nt a80unt in ca.h trom the applicant tor part or all 24 ot the portion r.quir.d to b. dedicated to ..e~ public u.e. or 25 purpo... ba.ed on the tair mark.t value ot the land fto-~.ter 26 en.ft-.t. to b. paid atter the ti.. ot tinal approval, tat-.fty 21 ...ft_,.,.eftel_.ae.t.a...n.tt-ba-,taeed-'ft-..lpeet..-f.ftd-b,-tn. z. ..ft'e'pa.'.' but betor. tilino of the lubdivi.ion. The local 29 Gov.rnm.nt unit .hall olac. .11 calh oavment. in a soeclal tund 30 ~ u..d only tor the purpa..' for which the mon.y w.. 31 obt.inedy_tet_.ft_..t.b...n.ft'-th.-....eft.bi.-pe.e..ft-eo-.e 32 ...,e.t..y_eh._....t.e.oft.-..r-eeft.....-t~e-e..ft-...e.y-....y 33 ..e...t..ft.ty-e._.....ft_....._.ft._f.e.t.t...-.h.eft-th.-.p,t'eaftt 34 pre....._te_......._f.._tn._..b.......fty-.ft.-t.t-th. , 35 ..fttc.....tr-....en.Dt'-.......ft..-th..-..-...t-ft...-te-.e,.t.. 36 .h.t_pe.etoft_e'_..ft._..._.n._,.."..._.....'_tft_tft'._".....,n 27 ,. In the ca.. of decUcat.wt laneS cunent lanquaq. 1. uncl.ar reqardln; what GOn8titut.. acceptanca ot the dedication. In addition it ia uncl.ar what con.tituta. accaptanca 1n c.... where the unit of govarnaant approvlnq the aubdlvlaion 1. not the unit of 90varnaant who vill racety. the 4a,Ucat.loh. R.eo!ll!ll.nda~ion In.art language which requir.. that tormal accaptanca do.. not occur until the local ~ov.rnm.nt he. p....d . r..olutlon accapting the dedicatacS land. Alae in.art lanquaq& requiring that the juri.dictlon d01ng the approving must gat . resolution from the government raceivinq the dedication in order tor the dedicatad land to ba officially accaptad. 7/1C/87 [COUNSEL J DPM SCS8U-S .'-.-re.a~t-of-.ppro..~-of-ch.-.aedi.t'toft. 2 It dedication of ~roD.rtY il reauired. the local qovernment unit aPDrovinq the plan must acceDt the dedication by resol~tion or contract with another local qovernment unit. ~he dedica~ed 5 property must be accepted by resolution of the receivinQ local 6 qovernment before the subdivision plan may be filed for 7 recordinq. Dedication is effective when the subdivision plan is 8 filed tor recording. 9 Subd. j.!. (PLATTING. I The regulations may require that 10 any .ubdivision creating parcell, tracts, or loti, shall be 11 platted. The regulation. shall require that all lubdivil'ions 12 which create five or more loti or parcel. which are 2-1/2 acre. 13 or Ie.. in size shall be platted. The regulations ahall not 14 conflict with the provilions at chapter 50S but may addre.s 15 .ubjectl limilar and additional to those in that chapter. 16 Subd. 3b!. (REVIEW PROCEDURES. J The requlAtion. .hAll 17 include provi.ion. regarding the content of application. for 18 propo.ed lubdivilionl, the preliminary and final review and 19 approval or di.approval of applicationl. and the coordination ot 20 aaen r.viewI with aff.ct.d political subdivisions and Itat. 21 agenci... Th. regulation. aay provide for the con.olidation of 22 the pr.ll.lnarr and flnal r.vi.w and approval or di..pproval of 23 .ubdlvlaiona. Preli.inary or tinal approval mAY be granted or 24 denied for port. of aubdiviaion applicetion.. Tne requlation. 25 ..y d.i.,a.e orovid. tor d.l.oatlng the authority to .ev... 26 p.ope..i. approval or disaoorov. application. for some or all 27 cateoori.. of subdivi.ions to the planning commi..ion7-.~e-f.ft.i 28 .pprovai-o.-dt..pp.o.a.-8nazi-..-tn.-..etatoft-ol-tn.-,o...ntn, 29 bodr-of-tn.-..ntei,.i*tr-.ft....-otn.r....-'.o....4-.r-...-or 30 .n..t..y-,ft.-..,...t.oft.-.n.ii-.......-th.'-.-,....e-n...'ft, 31 .n.ll-~-nat.-.ft-.l.-..........ft-...t.e.t.oft.-pr.or-t. 32 'r.....ft..'-.ppro..sy-.ft....-.th.rw...-'ro.....-.r-...-.. 33 en.rte,y--'n.-h..'tn,-.nati-..-neid-Ioiio.'ft,-,...ic.t'.ft-of 34 ftot'ea-of-eh.-e'..-aftd-,....-tn.reef-'ft-tha-.ffieia.-fte.ap.p.. 35 a.-....t-eeft-da,.-.efor.-eha-da,-of-en.-n....ft,y--Ae-tna 35 he.r.ft,y-at.-,...ofta-iftter....d-Inai%-ba-,'..ft-aft-oppo.e_ftier-to 28 ~e 120 4.y review period required tor preliminary approval ct . subdivision plat is not long enough tor .ome local govern- .ent. becau.e they otten .eet only once a aonth. Yet, accordin to the law they are expected to ..nd notice. tor public h.arin q ~onduct the public h.aring, provide for planning commilllon 9, review, and allow ti.e tor reviev and approval by the governing body within the 120 dey period. R.oommendA~ion lnle~ new languag_ which requir.. that a tinal decision mUlt b. .ade within 120 day. at the .tart ot the public hearing unle.. a .nvironm.ntal a.......nt or an environ..ntal impact Itatement i. required in which ca.. approval would b. within 30 day. ot th approval ot the ElS or the !AW.. e 7/14/87 (COUNSEL) OfH SCS889-S 1 ..k.-p~eleft~.t~eft' or to the chief administrator ot ofticial 2 controls. The notice and public hearinq reQuirements specitied 3 in section must be met betore preliminary approval may be 4 qranted tor any subdivision aoplication. A subdivision 5 application shall be preliminarily approved or disapproved 6 within 120 day. followin9 4.i~.e~f-ef-.ft-eppi~e.t~eft-eempiete6 7 ~ft_eemptt.ftee_wt~h_tfte_mDftteip.t-or4*fteftee-ey-the-.ppt~eaftt-~e 8 the-mantetpeittf the commencement ot.the public hearing. 9 unle.s an E.I.5. or E.A.W. i. reQuired by section .... in which 10 ease the APpllcatlon shall b. preliminarilY approved within 30 11 day' after tlnal approval of the E.I.5. or E.A.W. or an 12 exten.ion of the revi.w period ha. b..n Agr.ed to by the 13 applicant. Wften-.-4t.tston-..-.ab4t.t.ten-~o-whteft-t". 14 r'9a~.~*on.-of-t"e-.ante*pek*t,-do-not-apP~7.*.-pr..ented-to-tfte 15 e*t7?-t"e-eierM-ef-the-..ntetpa~*t,-.he~k-.tthtft-t.ft-4-f. 16 eerttf,-th.e-t"'-.ab4*yt.*oft~..,ai.t*oft.-ef-the-.."*e*p.~*tr-4o 17 ftot-appiy-to-tft.-partteai..-.tyt.ioftT Th. applicant ~Y alia 18 aqr.e to an .at.naion of the lO-day oeriod followinq the final 19 approval of the E.I.5. or E.AaW. 20 If the ..ntCtp.ittr local Gov.rninG bodY or the r.apan.ible 21 ag.ncy ot the aafttetpaitey local Government unit taill to 22 preli.inarily approve or di.approv. an application within the 23 r.vi.w period. the .pplic.tion .h.ll b. ...... con.lder.d 24 pr.li.inarily approved~ and upon d.~nd the ..fttetpattt' l2E!i 25 Government unit .hall e..cut. a certificate to that .ft.cta 26 Follovin9 preliainaty approval the applicant DAY requelt final 21 approval by the aantetpaitty local Government unit, and apoft 2. ..eh-r"..le the .afttCt,ltttr local Governm.nt unit Ihall 29 certify final .pprov.l within 60 d.y. If the .pplic.nt he. 30 coaplled with .11 condition. .nd raquir...nt. of .pplic.ble 31 r.gulationl and all condition. and requir..entl upon which the 32 preliminary .pprov.l i. e.pree.ly conditioned lither thro~gh 33 pertoraance or the es.cution of appropriate a9reementl a..urin9 JC perfor..nc.. Ie the aefttetp.tt_y local Gov.rnment unit' fail. to 3S certify final approval a. .0 r.quir.d, and if the applicant ha. 3' compli.d with all condition. and requirementl, the application 29 The current leqi.lation i. uncl.ar concarning whathar local 'ovemaant. can exempt certain .ubdivi.ion. fro. the .ub4iviaion ,lattin; r'1qu,lations. " 'eeolll.lIIandation :n.art naw lanquaqe that specifically atates that subdivisions lot required to 90 through the noraal subdivision platting )rocadure. must be .0 certifiad by the chiat admini.trative )tticer within 10 day. of having received such application. . In Subdivision 4. of M.S. 462.351 ~e.linq with the di.clo.ure by .eller .n~ buyer'. action for da.aga., it i. not clear what the con.equence. are for failing to comply with the prOVision. listed that relate to the conveyance of land which has not been previously recorded. Rae01mllendAtion Languaqe should b. added which provide. a r..edy for fai1ur. to co.ply with thi. ..ction of the law. Such lanquaqe should spall out that tailure to comply with the provision. in Subd. 4a will invalidate tha subdivision and the .al.. ~hi. .ubdivision a. ...nded ahould alao apply to countie.. 7/14/87 (COUNSEL I OPH SC5889-5 Ihall b. deemeo considered tinally approv.d, and upon demand the 2 aeft*e*pak*ty local qovernment unit .hall execute a certificate 3 to that effect. After final approval a subdivision may be filed 4 or recorded.. 5 When a division or subdivision to which the reQulations of 6 the local Qovernment do not applY is oresented to the local 7 qovernment unit, the chier administrator of official controls e shall certifY within ten days that the subdivision requlations 9 of the local qovernment unit do not aPOly to the particular 10 division. 11 Subd. !e!. (EFFECT OF SUBDIVIS'lON APPROVAL. J For one ye.. 12 followin; preliminary approval and for two years following final 13 approval, unl.ss the subdivider an4 the .eft*e*'.~tty local 14 qovernment unit a;ree otherwi.e, no amendment to a comprehensive 15 plan or official control shall apply to or affect the u.e, 16 4...to,..nt density, lot .ize, lot layout, or dedication or 17 p1attin9 required or permittld by tnl approYld 18 application. 9ft.r..fte~T-....e.ftt-te-*t.-r.9.t.t.Oft.T Th. 19 ..fttet'.~tty local Qovernment unit may ..tend the period by 20 agreement with the lubdivider and subject to all applicable 21 perforaance conditions and requirementl, or it may require 22 lubmission of . n.v application unl... .ubltantia1 physical 23 activity and inv.st.ent has occurred in reaaonable reliance on ~4 tnl approyed application and tnl lubdl.ldlr will luffl. 25 lubstantial financial daaa;e .. a consequ.nc. of a requir...nt 26 to .ubmit a new application. In connection with. lubdiviaion 27 involving planned and Itaged development, a ..ntetpak*ty !2:!! 2. Qovernment unit ..y by r.lolution or agreement t.aftt-tfte-rttftta 2' ..'....4-te-ft...ift ext.nd the oeriod for ..eh-,.rt04a-.t-tt.. 30 longer than two years wh*eh !! it deter.in.. to be r...onable 31 and approprlatl. 3Z Subd. 41!. (DISCLOSURE BY SELLERl BOYER'S ACTION FOR 33 DAMAGES.) A paraon conveying a new parcel of land which, or the 3. plat for which, has not previoully been fil.d or rlcorded, and 35 which is part or or would conatitute a .ubdivision to which 36 adopted ..fttet,.i .ubdlvi.ion regulationa apply, shall attach to 30 , aateranc.. to practical difficulty, particular hard.hip, and unn.e....ry difficulty are co..on throU9hout the municipal and county planning lawa. Thi. cr..t.. contuaion and should ba ram.diad. The lntent ~f th~ aU9g..tad chang_ i. to provide a standard that ia constatent and aora clo..ly raflect. common practice. Recommend8~iDn In Subd. 4& in.art the term, .undue burden" in place of .unneca..ary hardahip. and provide for certification by the chi.f adminiatrative officer. Pilino and .aeordina Conv.vanc.. Thera 1. no l.nqua;. in the county planning law partainlng to the tiling and recording ot conveyanc.., yat the aunlclpal law contatn. a tairly co.plata ..ction on thi. i.au.. R.comm.nd.~lon &n'u~. that the procedura. tor tl1inq and recording conveyance. al.o apply to countie.. For .implicity th... proc.dur.. could b. con~ain.d in a alnqle ..ction. 7/14/B7 ~COUNSEL I DPM SCSBB9-5 c~ the instrument of conveyance either: Ca) recordable 2 certification by the e~er_-of-the-.afttetp.lttr ~ 3 administrator of official controls that the subdivision 4 r.9ulation~ 40 not apply, or that the subdivision has been 5 approved ey-the-,Oyerfttft,-Body, or that the restrictions on the 6 division of taxe. and filing and recording have been waived by 7 resolution of the governing body of the .afttetp.l~ty ~ 8 qovernment unit in this ca.e because compliance will create 9 an 8nneeess.ry-hardshtp undue burden and failure to comply will 10 not interfere with the purpose of the requlationl; or Cb) a 11 .tatement which name I and identifie. the location of the 12 appropriate ..ft*etp.~ local Qovernment unit office. and advise. 13 the grantee that maftteipak lubdivision and zoning regulation. 14 may re.trict the u.e or restrict or prohibit the development of 15 the PArcel, or construction on it, and that the division of 16 taxe. and the filing or recording of the conveyance may be 17 prohibited without prior recordable certification of approval, 18 nonapplicability, or waiver trom the aaft.et,eitcy QoverninQ 19 body. In any action commenced by . buyer of ..Cft a parcel 20 again.t the .e11er tftereof, the mi.repre.entation of or the 21 tailure to dilclo.e a&terial fact. 1n accordance with tbil 22 lubdivi.ion aball be ground. for d&mAge., invalidation ot the 23 .ole, or bath. It the buyer e.tobli.he. hi. right to 24 damage., lal. invalidation, or both, a district court fte.eiftt 25 the-aatter may 1n itl discretion al.o award to the buyer an 26 amount sufficient to pay all or any part of the cost. incurred 21 in ..intaining the action, 1ncluding rea.onabl. attorney t..., 2. and an amount for punitive da~ge. not exceeding tive per-ceftt.. 2' oercent of the purch..e price of the land. 30 Subd. 4b!. (RESTRICTIONS ON rI~ING AHO RECORDING 31 CONVEYANCES.) In a ..ftte.....tr local Government unit 1n which 32 .ubdivi.ion regulationa are in torce and have been filed or 33 recorded a. provided 1n thtl .ection, no conveyance ot land to 34 which the regulation. are applicable .hall be tiled or recorded, 35 if the land ia d..cribed in the conveyance by .etes and boundaL 36 unle.. the chief administ:ative officer for otficial controll 31 , SO.. aubdivialona ..y be approved avan though thay have not ~llov.d normal aubdlviaicn platting procedur.. .. pravloualy .co~.nded 1n M.S. 462.358 Subd. JO. Subdlvialon 4b 40.. not urrantly provide tor thia altuation and will ba cantu.ing nl... changed. .eomm.nda~iDn n.are lanqu&q. that 1. conaiatent with ~.S..62.35' Subd. ]c and hleh provid.. that a conveyance ..y ba tiled and recorded it ha chier adalniatratlva otticar tor otticial control. ha. .rttfied the the conveyanca ha. r..ultad in an approved .ub41vialon. Thera 1. . n..d tor further clarificatlon regarding vh.n carta in parcal. ..Y ba ax..pted fro. r..trictiona on tiling and recor41ng conveyanc... R.eomm.nd.~ion Make appropriate chang.. to clarify the laqlalatlon and allo enlure th.~ the lanqua;e appliel ~o ~ounti.l. , 7/14/87 (COUNSEL 1 DPM SCS889-S 1 has certified that the conve ance has resulted in an a roved 2 subdivi.ion, o[ by reference to an unapproved reqistered land 3 .urvey made atter April 21, 1961 or to an unapproved plat made . after aae~ ~ regulatiun. become effective. 'he-fe~egeift' 5 pre.i'ien This .ubdivision doe. not apply to a conveyance if the , land de.cribedl 7 (1) was a separate parcel of record April 1, 1945 or the e date at adoption at subdivi.ion re9ula~ion. under Law. 1945, 9 Chapter 287, whichever is the later, or of the adoption of 10 subdivi.ion requ1atian. paracant-to ~ . home rule charter. 11 or 12 (2) was the .ubject of a written a9teement to convey 13 entered into prior to saeh !hi! time, 14 (3) wa. a .eparate parcel of not 1... than 2-1/2 acres in 15 ar.a and 150 feet in width on January 1, 1966, or 16 (4) was a .eparate parcel of not less than five acre. 1n 17 aroo and 300 foot in width on July 1. 1980. or 18 (5) 1. a 11n;le parcel of commercial or indu.tr1al land of 19 not 1... than five acr.s and havin; a width of not 1... than 300 20 feet and it. conveyance do.. not r..ult in the division of the 21 parcel into two or .ore lotI or parcell, anyone of which i. 22 1..' than Cive acre. in area or 300 flit in width, or 23 (6) 10 a oin910 parcol of rooidontial or a9riculturol land 24 of not 1... than 20 acr.. and having a width of not le.. than 25 500 feet and itl conv.yancl doe. not r..ult in the division of 26 the parcIl into two or mar. lot. or parcel., anyone of which i. 27 le.. than 20 acre. in ar.a or 500 feet in width. 28 In any ca.e in which compliance with the foregoing 29 r..triction. will crlate an Gftftec....ey-ft.e..h*. undue burden 3D and failure to c08ply do.. not interrere with the purpo.I of the 31 subdivi.ion regulation., thl .i.tttft,-e.t~..tt1 Gov.rninG bodY 32 aay waivI ..eft coapliancl by e.e,ttoft-of-a re.olution to-thet 33 .ffeet and the conveyance ..y then be filed er ~ recorded. 34 Any owner or a;ent of the owner of land who convey. a lot or 35 parcel in violation of the provi.ion. of this .ubdivi.ion 36 .hall f.rfett-aft' pay to the ..ft*ctplitty local Qovernment unit 32 , Tb.~ 1. no definition of hardship 1n the ..ctton on variancaa to .WDdivi.ion regulation., aWDd. 6 or K.a. 462.351. R.e......ftd..+:iftft _. tIla nf.ranee to varianc.. tIlat i. ....n.ntly foWld in the .action of the law 4..1inv with .WDdivi.ion regulation.. Th.r. abou14 ~ . ..parat. ..etlon in the lav ~.~ 1. d.vo~e4 aolaly to varlancaa an4 procltd.ur.. tor vrantinq th_. Thl_ ..ctlon ahou14 allO inclu4. a 4.finition of bar4.hip. 7/14/87 I COUNSEL I DPM SCS889-S 1 . P.ft.~t7 fine or not 1... than $100 ter each lot or parcel 10 2 conveyed. A ..fttetpaztty local Qovernment unit may enjoin sueh 3 !h! conveyance or mAY recoyer '8e~~,e".:ty the fine by a civil . action in any court of competent jurilJicticn. Subd. S!. (PERMITS.l Except .. other~i5e provided ~y this 6 .ection all electric and qa. distribution line. or piping, 7 roadway., curbs, walk. and other .imilar improvements shall be e constructed only on a stre.t, alley,.or other public way or 9 ealement which il designatld on an approved plat, or properly 10 indicated on the official map of th~.~fttetp.t~ty local 11 Qovernment unit, or which hal otherwi.e blln approved by the 12 governing body. Wh.n a .~ft*e'p.~tty local Qovernment unit has 11 adopted an official ~p, no permit for the erection of any 14 building Ihall b. i..uld unl... thl building i. to be located 15 upon & parcIl of land abutting on a .treet or highway which has 16 bien d..i9nated upon an approved plat or on thl official ~p or 17 which ha. been otherwi.. approved by the governing body, and 18 unl... thl building. cantor. to thl I.tabli,hed building line. 19 Thi. limitation on i..uin, parmit. .hall not apply to 20 plannld ~ dlvllopalnt. approv.d by thl govlrning 21 body per..ln..t. ~ ltl loning ordinancl. No permit ahall b. 22 i..uld for thl conltruction or . building on any lot or parcll 23 conveyed 1n violatlon or the provi.ion. or thia .Iction. Zt ....._6.__tVARfANeIS.t-Sobdiyilioft-.e,oketioftl-aoy-,.oyid. 25 fer-.-proe...r.-f.'-."y'ft,-t~'-"9.i.t.oft.-..-tft.y-.p,~y-to 26 .peetf*e-.ro,.re*..-.ft...-.ft-.ft....~-ft.r..n*'-oft-tft.-t.ft. 27 ..*.e.y_bwt_...i.fte.._..y.~._'..fte.._oftsy_.peft_tn._.,.e*f*e 21 ,...ft.....t-f..tn-t~-th.-.I'.l.tioft.T--~fta...l-h....ntp 21 *ftet....y-~t-..-ftot-t*.it..-toy-ift......t.-.ee...-.o-.t.ee. 30 ..ftittnt-fo.-eot.r-.ft,..,-.,.ee..y 31 aub4. f~. (VACATION.) Th. ,ove.nin, body 0'-. 12 ..ftteipalit1"Y vacat. any publicly owned utllltYL ......nt o'L 33 boul.vard r...rvIL or any portion eh...ofT-wh*eh-a~1 ~ 14 utility, ....m.nt, or r...rv. th.t 1. not b.ing u.ed for .ewer, 15 drainag., .llctric, tel.graph, tel.phon., ga. and Ite.. purpos.. 36 or for boulevard r...rv. purpo..., in the .... manner al 33 , Thera ara inconaiatanci.. 1n the application ot lub41viaion control. an4 lon1n9 control. in the frinq. ara. ot the city. Subdivialon control. may ba axtan4ad up to two mil.. into the unincorporated ara. ot the county avan it the county hal aub- diviaion controle. However, loning .ay not ba applied in thi. ar.. it either the county Or the town.hip haa loning control I in torca. R.co...~da~ion It 1. recommendad that extra territorial controle ba combined into a a1n91. but ..parae. ..ction ot the law. It i. alao raco...n4a4 that the requir...nte tor lon1n9 an4 aub4ivialon control be conaiatent. 7/14/B7 (COUNSEL I OPM SCSBB9-S 1 vacation proc..din91 are conducted for .tra.t., alley. and other 2 public way. under a home rule charter Or other provilionl ot law. 3 A boul.vard r...rv. m.anl an ....m.nt .Itablilhed .djacent 4 to a d.dicated street tor the purpose or eltabli.hin9 open space 5 adjacent to the Itreet and which area il des19nated on the 6 recorded plat al -boulevard ,...rv.-. 7 Subd. B 11. (PLAT APPROVAL UNDER OTHER LAWS,) Notning in 8 this ..ction ia to b. cC~ltru.d a. _& limitation on the authority 9 or Man~e~peittte. local Qovernment unitl which have not adopted 10 lubdivilion ,equl.tionl to approve plat. under any other 11 provilion ot law. 12 Subd. 911. (UNPLATTED PARCELS. I Subdivision 'egulltione 13 .de'te~-Dy-.ante~p.~*t*e. ot . local Qovernment unit may apply 14 to parcell Which are taken from exiltin; parc.ll of record by 15 mete. and boundl de.cription.. and the ;overnin; body or 16 building lutho'ity mey deny the lllulnce or building pe,mitl to 17 any parcela 10 divided, pend in; compliance with lubdiviaion 11 re;ulation.. 19 Subd. il!l. (LIMITATIONS. I Nothing in tnil lection Inall 20 be con.trued to require a ..nici,.ii_, local qovernment unit to 21 ,egulate lubdlvl110nl 0' to ,"gullt" .11 lubdivilionl whlch lt 22 il lutho,ll04 to ,"gullt" by tnl1 Ilction. 23 24 SIC. 12. (394.121 (EXTRATERRITORIAL AUTHORITY. I 25 Subdivllion 1. (ZONING REGULATIONS.) A homl rull Chl,tl' 26 or statutorY citv mav by ordinance ex~end the aDolication ot itl 27 aonino reou1ationl to unincoroorated territory located within uo 21 to two aile. of it. limit. in anv direction, but not in a county 21 or town which ha. adeoted lonina reGulation. or in a count v or 30 town reDre..nted on a 10int Dlannlnq board cr.ated under ..ction 31 ... that ha. adoDted lon1na reQulation. which include that 32 territory' Drovid.d that where two or aore noncontiauou. cities 33 have boundarie. le.. than four mil.. aDArt, each i. authorized 34 to control the lonina of land on itl aide of a line eqoidi.tant 35 between the two noncontiGuous citie. unl... a town or county in 36 the att.cted ar.a ha. adopted zonina reGulations. Any city ~y 34 "r~-- " 7/14/87 (COUNSEL I DPH SCS889-S , 1 thereaft.r .ntorce the r.oulation. in the ar.. to the lam. .xtent al it the Drooertv w.re situat.d within it. cor~or.te i' limits. until the county, town, or ioint olanninq board adop~s . 3oin~ Plannin~ Board cooperativ. planning and requlation of land by city. county. and town.hip government ha. long baan a probl.. in the fringe ar.a ot oiti.. (ar.a within two .ile. ot the corporat. boundary). La9ialation providing tor the creation of . Joint Planning Board va. p....4 during the 1'12 leqi.lativ. ....ion to provide local 9ove~ent vith a ,tool to de.l vith land u.a probl... in the urban fringe. Where the Joint p~.nnin9 aoard ha. b.en atte.pted thare ha. baan a probl.. in getting .aabar. appointad and onea appointed in gatting their participation. Some of thi. .ay be due to a lack ot underatanding of what the joint board can do, fear of giving up cont~ol, or that the r..ponaibiliti.. are too thre.tenine). R.cOWl!l.nd..~ion Mak. the cr..don of the :loin~ pl.nning body 1... thra.~.ning by Vlvinq local governmant. greatar tlexibility in hOW thay ara craatad and what re.ponaibilitia. thay ahould hav.. It i. r.co..en4.4 that thi. b. handled 1n two Ph..... In the tir.t pha.e the body craated would be called a . joint adviaory board-. It could be cr.ated by th. pa...g. ot a r..olution ot on. ot the aff.cted loc.l 90v.~ent.. Aftar P....9. of tha r..olution the other local ,ov.ma.nt. would b. raquir.d to participate. Howavar, th. joint advi.ory board would have no authority to prepare or adopt plana or r.qulaeory control.. Th. only requir...nt i. that they ..at tog.th.r to di.cu.. coaaon i.aua. and probl.... review .xiat. ; plana and control. and aat. r.co..and.~iona ~o the axi.~in; 1...1 gov.rna.n~.. In the .aconeS pha.. th. body cr.ated would be called the joint planninq tloard and would have ba.ically the .... powars a. available to planning cOllai..ion. under curr.nt law, i..., pr.p.r. and adopt plan. and control., review conditional u.. peraita, and aak. r.c~e.ndatlon. to the 9ov.rnin<j bOcU.. conc.rnlnv land u.. i..u.. attactift9 qrovtb and d.v.lopaant and ...ndaent of plaM and otticial control.. Initiation 01' thi. pha.. would require the pe...;. ot a r..olution by two-third. 01' the local CJOV.nmanta p.~lc1p.~ill9 on the :loin~ .dvi.ory board. ..quir. tha~ the bound.ry within vhicb the :l01n~ plannill9 .dvi.ory board and tho join~ pl.nning bo.rd will h.v. jurladictlon ..y ext.nd a aaxi.UII ot' ona-quart.r ail. into the city. Al.O aak. it clear that tha ar.. need not includ. the whole area within two ail.. ot the city liaita but ..y InclWS. any area within and up to two all.. fro. th. city U..it.. Require that th. county provide .tatt to ..I'V. the 'two board. unle.. anoth.r .rr&nCJeaant can be worked out. with the city or ~ovnabip. comprehensive zonino rloulation which includes the area. S Subd. 2. (SUBDIVISION REGULATIONS.) A municipality may by 6 resolution uxtend the aoolication of its subdivision reQulations 7 ~o unincorpora~ed territory located within UP to twO miles cf 8 it. limits in any direction but not-in a town or county which 9 hal adooted lubdivision r.oulaticn.: ~rovided that where two or 10 more noncontlQuoua municiPllities have boundaries less than !our 11 miles aoart, e.ch il authorized to control the subdivi.ion of 12 land eaual diltance from lts boundariel within this area. 13 14 S.c. 13. .iiT35e5 1394A.131 [JOINT ,DANNfN8 ADVISORY 15 BOARD.) 16 ipen-.~...t-ef-.-hoa.-..i.-eh..t..-or-.t.t.tor,-c~t, 17 ee.ne.i-o.-eo.nt'-..-to.n-eo.r.-b'-...oi.t.on-p....nt..-eo-th. 18 co.ne'-....t..-.f-th.-eo.nt'-.f-th.-.ff.et..-e...ttor,-.-&e... 19 .nlii-b.-..e.bi..h.d-to-....ci..-,ianntn,-.n4-i.n'-...-een~..' 20 ..tn.'te'-'n-th.-.n'nee.....t..-....-..th.n-t..-.ti..-of-the 21 ee.po..t.-....t....-.-e.t'T--'h.-.....-.h...-h...-.......-.ft-. 22 ft....._..t....ft..__'_th._e.t'T_e..ftt'T_.n._t..ftT__..ch 23 .....fta.ne.i-.n.t-.a...-h...-.n-....i-n.....-of-.......T--.h. 24 ......._.h...__.-.ppe.ftt..-..ea-tho-.e...ft.ft.-~...-ef-th. 25 e*tfT_e..nt'T_.n._t..ftT__8pen_......t-of_ao.._th.n_Oft._eo.nt,-o. 26 to.n-bo...-.*eh-...pect-to-th.-.n.neo.....t..-....-..eh.n-ew. 27 ..t...ef-th.-ee.po..t.-....t.-ef-.-..ft...-e.t'T-th.-,..t...-.., 21 c..at._on._be..._..th.._th.n_._.e,...t._bea.._fo._..eh_eoentf-e. 29 tewftT...th-.............h.p-f.ea-...h-.ff.et..-.....fta&ftt.. 30 .ftttT--'h.-.....-.h..i-.....-..-tft.-.....a.a'-...f-.a.-~..-e. 31 .p,..t._.ftd_..te....ftt._f...,..po...-.f-...t..ft.-.'tT35t-t. 32 .'iT3'....th.ft-th..........-....T--~.--....-.h...-h...-...-.f 33 th._......_eont..a.._.n_..et.on._."TaSt_te-.6iTa6._.a._.h.ii 3C h..._..tho,'t,_to-...pt_aa._.nf..e._th._.a.f..._f'.._e". 35 prea.i'.t..-,.....nt-t.-..ee..n-it'.T...T--.h.-ett'-.h... 3' ..o...._.t.ff_f.._tn._'......t..n_.n._....n..t..t..a-.f-..nd-e'. 35 . The ar.. in which the board 1. to have juria41ct1on ahou14 be up to the individual boanle to decide. R.co_.nd:.~lon Ko racoaaandation on thi. i..u.. CUrrant lanqua9. ..... to be tairly clear on tbi. aattar. 7/14/87 (COGNSEL lOP" SCS889-S 1 ceft~rel.-.ftl...-eth.r.t.e-.,reed-by-tfte-,oyerft.eftt.l-eft*t.~--tf 2 .-..ft*e*..ltt1-..t.ftd.-~ft.-.ppl*e.t*oft-of-*tl-.ubd*.i.*Oft ~e9.l.t*oft.-to-a"*"eorper.t.d-terr*tor,-toe.ted-.itft*"-two-mile. 4 ef-its-l*m*t.-par.a.ftt-to-.eet*o"-46f~3S8y-.~bdi.i.i~ft-taT 5 ~.for.-the-er..tioft-of-.-;o*ftt-bo.rd7-the-.abdi.*.ioft 6 r.,utatioft.-whteh-the-Munieipalicy-h..-..tended-.hatt-.pply 1 antil-the-;oint-boa,o-adopt.-.abdi.i.ion-,.,atation'T 8 Subdivision 1. (CREATION. J Uoon request' of a loc,al 9 government unit in the detignAted area, by resolution Dretented 10 to the county ,auditor of the county or counties in the 11 designated area, ,an advisory board sh,all be established to 12 review existing and future land use ilsues aftecting the 13 designated ar.. or DOttien thereof identitied in the 14 resolution. The be,ard may make recommendatione to any governing 15 bodY of a local government unit in the designated ,Ire.. The l' number of board memberl Ihall be determined ,and ,aDoointed by the 17 local government unit. within the dllion.ted are. or oortion 18 thlreot identified in the resolution. E.ch local Qovernment 19 unit .hall have ,In eaual number of member.. 20 Subd. 2. [DESIGNATED AREA. J "De.ign,ated are.." me.nl in 21 unincorpOrated are.. the area within two mile. in .ny direction 2Z fro. the coroorate limite of .. city and in incoroor.ted are.. 23 the ..rea vithin one-quarter mile of thl coroor.te limit. of the 24 city in which ioiot land u.. review or land ute control 25 authority i. considered nec..s.ry ,II identified in the 26 relolution requesting creatien ot the ioint advl.orv board or 27 the ioiot olAnnina board. 21 2' Sec. 1&. (JOINT PLANNING ICARD.I 30 Subdivision 1. [CREATION.) ODO" ore.entation ot . 31 re.olution o.tl.d by two-thirdl of all local governaent unite on 32 the ioint adYllory bo,Ird to the county auditor ot the county or 33 count!.. in the designated ar.a. a 10int olanninQ board ahall be 34 e.tablt.hed and authorized to develoD Dlanl ,and land u.e 35 controll. MembershiD on the ioint Dlanninq board Ih,all be the 36 tame as the joint advilory board. 36 . Tl.r..._ t.o be .oae contu.lon ~aZ'cUncJ who vill bav. juriadicUon in ~a urban fr1~a ar.. if a joint plaMin; board i. creat.eel. . R.r-omm.nda~ion The legi.l.t.ion .hould cle.rly apall out. that. ~he attacted ci~i.., counti.. and town. vill r.tain authority in the fringa ar.a but that once allot th.. approve the plan and otticial control. recomm.nded by tha joint planning board thay must ravi.. thelf exi.ting plana and ofticial control. accor~ingly. Df'f'icial MaD An ott1cial aap 1. anoth.1' ~ool available to local qov.rna.nta ~o balp lapl...nt ~a coaprahan.iv. plan. It perait. tha local goyama.nt ~o pr...rve land fro. d.v.lop.ant. that will ba naeda4 tor future .tr.et and highway purpo... and a. .it.. tor other n.c....ry public taciliti.. and .arvica. .uch a. park., libraria., .nd polic. and tlr. .ta~lon.. Th. official aap ha. not bean u.ed vary often due in part to a l.ck at int.r..t but aora lik.ly due to a l.ck at und.r- .tanding becau.. at tha compl.xity ot the proc.dur.. n.c....ry to put an official aap in placa. ' lI.e~.nda~ion 8i.,11fy the procedure. n.c....ry tor i.pl..ent.in9 the of tical aap by ~ovln9 the r.quir...nt. to adopt a thorough far. pl.n and co..unity facilitiaa plan bafora adopt in; ~a official aap. In.~.ad paralt the local 90y.ma.ne. unit to adopt an otficial aap att.r they have adopted a coaprahan.iva plan a. detined 1n the d.finition ..ction and Which 1. required betore a40ptlnt zoning regulations. Th. d.finition at the otticial aap .hould alao b. .iaplitied by raaovinq r.t.r.nce to count i.. in the aatropolitan ar.. .inc. th. authority to ..tAbliah official aapa axiata for all aunicipaliti.. and countiaa. 7/14/87 (COUNSEL 1 OPH SCS889-S Subd. 2. (AUTHORITY.) The ioint olanninq board shall .erve 2 a. the clanninq commission tor,curpas.s ot sections 462.351 to 3 462.364 within the designated area. Adootion and amendment of 4 olans and official controls and any other board action shall be 5 by r..olution of a maiority of all m.mbers of the planning 6 board. All board actions and recommendaticns must be acted upon 1 by each local Government unit reoresented on the ioint Dlanninq . board within 45 days of receipt ot recommendation. If olans and 9 otticial controls adop~ed by the board are approved by all local 10 Governments reDresented on the board, Dlan. and ordinances 11 currentlY in effect must be revised to reflect the board'. 12 recommendation. 13 Subd. 3. (DISSOLUTION.) The 10int Dlanninq board may be 14 dissolved upOn Dr..entation of a re.olution Dalled bv two-thirds 15 of the Governments reprelented on the board to the county 16 auditor of the county in the desianated area. 11 Subd. 4. (STAFFING.) The county .hall grovide st.rt to 11 alsi.t the ioint advi.ory board and the ioint planning board in l' carrying out their duti.. a. .pecified in .ectionl 13 and 14 20 unl..s otherwi.e aareed by the local aov.rnment unitl. n 22 lee. 15. [3,.A.141 [OrFICIAL IlAPS.1 23 subcl1v18lon 1. ISTATEIlENT OF ptlUOSE.1 Land that 18 na&dad 24 for tutu~. .tr..t and hiGhway purpo... and a. lit.. tor oth.r 25 n.c....ry public taciliti.. and .ervic.. i. frequ.ntly divert.d 26 to nonpublic UI.' which could h.v. b.en located on other land. 27 without hardlhip or inconv.nienc. to the ownerl. When thil 21 happenl. public UI.. of land aay ba danied or aay ba obtainad 2' lat.r only at ! prohibitive COlt or at the expan.. of 30 dillocatin9 the ownerl and occupant. of the land. ]1 Idantification on an official aap of land na&dad for futura 32 public uaa. peralta both tha public and privata property ownara ]] to adju.t thair bui1din; plana equitably and convaniantly bafora 34 inv.lt..ntl ar. ..d. which will mak. luch adjult..ntl difficult 3S to accompli.h. 3' Subl!. 2. [ADOPTION.) After the p.aftftift,-a,oftcy-haa-a'.pto' ]7 . The lav do.. not cl.arly apall out bow affected parti.. ara to ~ notif1e4. Raco1ll1llandat.{on A .~an4.rd notice raquir...nt ahould be ..tabliahed tor all land U.. dee.rain.tian.. Th. notice ahould include a d..cription at .tracted property owner. tor ..ch type ot dee.rain.tian to insure adequaee notice. The lav currantly requir.. a cantar l1n. aurvey when an offlcial aap ha. ba.n prepared in unplatted .r.... Thi. ha. had . atlflin9 .ffact,on the u.. ot the offlcia1 .ap by both counti.. and clti.. becau.. ot the h19h coat of this survey. R.c01MIl..ndat:{oft Allow the local govarnaant to adopt an official ..p without a cantar 11n. survey but require a cantar 11n. survey when the city raceiv.. an application tor a building paralt or upon the initiation ot condaanatlon proc..dinga. Tbere 1. no curr.n~ requ1r...n~ tha~ an aft.cted ci~y or t...... ~ notif1ed vb... ... offlclal up 11.. ~... adopted. ..c~Nt.t:ton. ~. leq18lation ebou14 be ...nded to require tha~ an otticial up vlll ~ turnlalled to aaell affected t...... or clty once an otticial up ba. bean adopted. Tbi. will be a44r...ed in the ..~lon on tilinq and ahould be the .... a. ~~ required tor COIIprahenaiva plana and. ~onlnCJ ordinance.. 7/14/87 {COUNSEL J OPM SCS889-S 1 ._..;or_thO.OD'ftfare_psan_.nd_._eO~D"tty_f.eisieie._ps.nT-it 2 ..7T_for_tfte_,urpo.e-of-earr,tft9-0De-tfte-posteie.-of-the-ma;or thorOD'ftf.r.-,tan-aftd-eO~Dfttey-f.ettttie.-,laftT-,rep.~e-and reeo.-efto-to-tfte-,o..rnin,-eody-a-ppopo.eo local qover~ment ~nit 5 has adOPted a comprehensive plan, it may adOPt an official map 6 coverin9 the entire .aftieipaltty local Government unit or any 7 portion thereot. 9fte-,o.erfttft,-eodY-~rT-after-nosdtn9-.-pDb:te 8 heartn'T-adopt-aftd-a..fto-the-offtet,l-..p-ey-ordiftaneeT--A 9 ftotiee-ot-the-ti..T-plaee-and-,arpole-of-the-heartn,-snasl-be 10 ,aDlt.fted-tn-the-ottteias-newlpaper-of-the-MDntetpa:tt,-at-teast . - 11 ten-day.-prtor-to-the-date-of-the-heartn'T The qoverninq bod v 12 may adOPt and amend the otticial maD only atter the notice and 13 Dublic he.rino reQuirementl soecitied in section ..... are met. 14 The official map or mapl ahall be prepared in lutticient detail 15 to permit the e.tabli.hment of the f~ture acqui.ition line. on 16 the 9roundT--ift-.npi.~t.d-.~e..-.-.*ft*.D.-of-a-eente~ztfte-..r.e, 11 .h.sz-ha..-.eeft-"de-pr*or-'o-'fte-prlpar.~toft-of-the-ftft.i-dr.f~ 18 of-t~e-offtei.l-.." provided that . lurvey by a reqi.tered land 19 aurv.vor, at the I.oen.e ot a local Government unit or the 20. .tat., Ihall be n.c....rv only uDOn aDolication tor a buildinQ 21 permit or UDOn initiation of condemnation DroceedinQ.. ~ 22 lurv.y i. reavirad. the accuracy ot the future acqui.ition line. 23 Ihown on tha offlclal up Ihall bo attalto. to by a ra91ltora. 24 land lurvoyor. Afto.-odopttony-a-CO'7-of-tho-offtctat-..,y-o. 2S ..etteft.-th.reof-w*t~-.-eo,,-of-t~.-.doptift,-or.*ft.ftee-attae~ed 26 .hali-.e-fite.-.tth-th.-eOeftt1-reeor.e~-a.-proytded-*ft-.eettoftl 27 46iTiSi-to-.'iTi'.T A CODY of the otticial maD Ihall be 28 furni.hed to the city or town cl.rk of each attected city or 29 ~ 30 Subd. 3. (EFFECT.) Aftor an offlclal up ha. boon adopta. 31 an. fl104. tho 1.luance of bul1dln9 poraltl by tho a.ntctpattt7 32 local Qovernaent unit .hall be aubj.ct to the proviaions of this 33 aection. Whlnever any atreet or hi9hway ia widened or i~roYed 34 or any nev,.treet 1. opened, or intere.t. in land. for other 3S public purpo... are acquired by the .efttetpalttr !2S!l 36 Government unit, it i. not required tn-Ieeh-proeeed'",. to pay 38 I\ppoal. R.eomm.ndA~'on The appeal. procedur.. ~or ottical mapa an4 tor that mattar all land u.. 4.c1.10n. ahou14 ba placad in on. unltor. ..ction4 Amandaent. A.eomm.ndA~!on The ...n4m.nt proc... tor ottlca1 ..pe ahould ba placad in a .1nql. ..ction that alao includ.. the comprahanaiva plan and other otticial control.. CQndi~ionAl u.. CUrrant language Which requir.. the filinq at evary ordin- ance r..olution, .ap, regulation adopted, or variance granted do.. not include conditional u.... Lanquag. requiring that conditional U... ba tl1ad i. in a ditterant ..ctton of the aeatut... Tbi. ..... unn.c....ry and could ba clarified by . aiapl. aaan4aant R.e~.nd.~ion Add . naw aubdiviaion to ".5..'2.36 that will provide tor the racordln9 at vari.pc.. &n4 con4itional u... in a .in91e ..ction of the lev. Thi. aubdivi.ion .hou14 apply to counti.. an4 c1t1.. .inc. it 1. not n.c....ry to h.ve .eparate ..ction. tor both level. ot gov.rn.ant. 7/14/17 [COUNSEL I DPM SCSI19-S 1 for any building or structure placed without a permit or in 2 violation of conditions of a permit within the limits ot the 3 mapp.d .treet or hiqhwav or outside ot any buildinq line that 4 may hava been eltablilhed upon the .xistinq street or hiqhwaV 5 within any area thul id.ntitied tor public purpose.. The 6 adoption at an ofticial map dOl' not give the .~fttetp.itey ~ 7 Qovernment unit any rlqht, title, or interest in area, 8 identifi.d tor public purpos.. thereon, but the adoption ot the 9 map do.. authorize the .~ft*e*p.i*t' loc.l qov.rnment unit to 10 acquire ..eft int.rests without p.yi~9 compensatIon for bui1dinqs 11 or .tructure. erected in .~en area. without a permit or in 12 viol.tion of the condition. of a permit. 13 14 Soc. 16. (394A.151 (CONDITIONAL USE.) 15 SuDdlvl.lon 1. (AUTHORITY.) The boo.d "overnln. body may 16 by ordin.nce de.ignate certain type. of ....~e,..ftt.7-iftea.dift' 17 p..ftft.d-.fttt-.....e...ftt. land u.. and certain land d.v.lopment 18 activitie.L a. conditional u... under &oning r.gulation.. 19 Conditional u.e. ..y b. approv.d upon a .howing by an applicant 20 t~t atandard. and criteria Itat.d in the ordinance will be 21 .ati.tled. S.eb ~ .tandardl and criteria Ihall Include both 22 general requir...nt. for all conditional u... and, in.ofar al 23 p.octtcobto po.olbl., requlremontl .pacitlc to each de.19nated 24 conditional u.e. All Itandard. and crit.ria .h.ll b. .t.ted in 25 ,gecitic term., to provide .eaninQtul Quid.nea to an aoolicant 26 and the aDDrav.l authority .nd shall be .tated in auantitativ. 27 t.r.. vhen DO..ibl.. 21 SuDd. 2. (PROCEDURES.. Condltlonal u.o pa..lto .hall be 2t 1..ued by the ottlcer adalnl1terln9 the ottlcl11 control. only 30 upon the ord.r ot tbe-boar4-or tho plannln9 c0II1.Ilon ~ 31 GoverninG body a. dellg~te4 by ordinance al the approval 32 authority tor on. or 8Or. categori.. of conditional u.... 'h. 33 p..ftft.ftt-.........ft-.h.t.-.ft-...-.ft.t.fte..-h...-.ft-.pport.ft'~1 34 t.-r..i..-eeft..t.eft..-....-'r*.r-~-.ft7-fift.t-..e....ft~7-tn. 35 .e"'ftat.4-appro...-..ther't7T In c.... vhere the planninG 36 commislion i. not the de.ionated approval authority, the 39 . CUrr.n~ leqialative lanquag. doe. not contain a tta. li.it for making a daciaion or i..uing an ordar granting approval or dan1al ot the conditional U... RlII!lcomm.nd.~ion In..rt language that requir.. that . d&c1.10n .~.t ba randered within 120 day. attar a properly complatad application tor a conditional u.a ,permit ha. ba.n aubmittad unl... an EIS or EAW ia required 1n which ca.. the application ahall ba approved within 30 day. tolloving the approval of the EIS or &AW. It baa vanarally bean ...uaed that the conditional u.. qo.. vith the property. However, neither the county nor the .unicipal lav atat.. that uta 1. ao. R.c~.nd.t:ton The langou&CJ& in both lava ahould. be ...ndad to claarly atat. that the con4itional ue. parait r...ina with the land regardl... ot bow .any ~i... the 1an4 change. own.~.hlp. 7/14/87 (COUNSEL I DPM SC5889-S application for a conditional us. shall be referred to the planninG commission, if there is one, for review and the QoverninG body may not make a decision on the application until 4 it has received the planninq commission's written recommendation 5 or until .60 day. have elapsed after the date of :he reterroll. 6 It the planninG board makeS a written recommendation, the 7 recommendation shall be bindinG on the QoverninG body unless the e Qoverninq body by .. two-third. vot~ of all of its ~embers elects 9 otherwise. The designated aoproval authority shall make .. 10 decision and issue an order within.~20 days after a properly 11 completed application tor a conditional u.e oermit has been 12 submitted unless an t.t.S. or E.A.W. i. required by section ..., 13 in which case the application .hall be preliminarilY approved 14 within 30 days atter tinal approval ot the E.I.S. or E.A.W. or 15 an extension ot the review period has been aqreed to by the 16 applicant. The date that the aoolication i. received by the 17 ottice of the oerson charged with enforcing the zoning ordinance 18 Ihall b. construed a. the date of submi.sion. A COpy of the 19 order shall be imm.diatelY mail.d to the aODlicant. Public 20 hear!ng. shall b. h.ld tn-.eeorianee-.ten a. r.auired in ..ction 21 i94Ti6~. tn eenfteee'eft-.ttn-.Pie~*ft. the order for 22 il.u.nce of a conditional u.. perait the designat.d .pproval 23 authorlty aay lape.e e.ch addltlonal re.trlctlon. or condltlon. 24 .. it ..... considers n.c....ry to protect .diac.nt oroDlrti.s 25 .nd the public inter..t, including but not limited to ..tters 26 relatin9 to appearanc., li9hting, houri of operation and 27 pertormance characteristicI. When appropriat., restrictive 28 covenant. eay be enter.d into regarding ..en !h!!! matt.r.. 29 Subd. 3. (DURATION.) A condltional u.. per"it .hall re..ln 30 1n .ffect tor so 10n9 a. the condition. .gr.ed upon ar. 31 obaerved, provlded that nothlng ln thla aectlon .hall prevent 32 the ~... Governing bodY frca enactin9 or ...n41n9 oftici.l 33 control. to en.ft,.-en.-.e.e..-ef-e.n.teten.i-.... ~ 34 aPDroved conditional use a nonconforaitv and subieet to 35 additional requirements. Conditional use oermlt., once oranted, 36 remain attached to the subiect DrOgerty reoardless of 40 , The aunlclpal and coun~y lava are unclaar on vhethar the ~parmit lap... if the conditional u.. ha. ba.n eli.continued or not~put 1n place tor 12 aontha or aora. In ad4ition currant lav 4o.~ not provide local 90varnaenta vith authority to ..tabll.b U". 11101108. . Raeommand.a-tion Pr..ant lav allow. controlllnq criteria t.o be altereel tor: allowed conditional u..., ahoulcl . probl.. davelop. Howevar, it i. alao aU99..ted that lancJU&9. be 1na.reed atatin9 that the conditional u.. peralt lap... it the con41tlon. agreed to bav. not been apl...nt-eel w1t:l'in 12 ~ntb. ot application. The currant. laqlalatlva lanquag& do.. not provide for any review or appeal of . cond1t10nal u.. elec1.10n. lIael"nlnllandll'tion In..rt a nev aubdlviaion t.o ba titled -Review. which provid.. tor a review and app.al procedure by any para on, board or polltlc.l .ubdlvl.lon within 30 d.y.. Pub} ie H.llrina. Public h.arlng. .r. r.qulr.d to b. h.ld b.for. .doptlng or a.endin; the co.prehan.ive plan or regulatory control. aucb .. the loninq ordinance or aubdivi.1on requlation.. There ara ....ntl.1ly two purpo... for hOlding. public h..ring. Th. t1r.t i. a l.qal purpo.. prov1d1nq the applicant with a oppor- tunity to pr..ant hi. ca.a (du. proce..). Tha .econ4 i. to provide intoraation to the public on tha c... and al.o to provide an opportunity tor public involvement in the d.c1.ion ..lein; proc.... Th. l.nqu.g. r.f.rrlng to public h..rlng. 1. loc.t.d in .avaral placa. in the .uniclpal planning law. for axa.ple, public hearing r.qutr..ant. ara ..ntlonad in the ..ction. on aubdivlaion regulation., comprahan.iva plan, lontn; ordinanc., end bo.rd of .dju.ta.nt. Public h..rlng r.qulr...nt. in the county planning law ara locatad in on. placa. R.en1ll1'll.ndJl~ton. Incorporat. all the language d..11n9 with public h..ring_ into a .1nq1. .action of the lav. The proc~ura. for public haar111CJ. ara ditterant in tha two 1awa. R.t!O...ndJl~ion. Wh.re po..1bl. and appropriate coabina the v.rioue city, county, end tovnahlp r.qulr_108 end procedur.. for publlc hearing.. 7/1'/87 [COUNSEL) OPM SC5889-5 1 2 3 ownerahig. If the conditional use has been discontinued or not out in olace for 12 months or more the oermit laose,. An amendment to the oriqinal conditional us. oermit may be required tor expansion ot or chanqes to 4 conditional use. The reQuirements for obtaininQ a conditional use permit must be met betor. an amendment to a conditional us. oermit may be Qranted. 4 5 6 1 8 9 10 11 Subd. 4. (REVIEW.) All decisions by the ,desiQnated aDProvll authority to qrant or denva conditional use permit Ihall be final, except that any aqqtieved person~ or any official, department, board. commission. or political lubdivision ot the sta~e may, within 30 days of notice of the 12 decilion, aDDeal to the district court. 13 14 s.c. 11. n4.1i (394A.161 (PUBLIC HEARINGS.) 15 Sobd.-t. Subdivision 1. (WHEN HELD.) fn-.ddt.ten-.e-pobtt. 16 ~..r*n,.-r'4.*red-by-..ec*O"-~'STSt-pr*or-to PUblic hearlnql 11 sh.ll b. h.ld b.tor. the .doptlon by ordln.nc. of .ny 18 comprehenlive plan or ..endalnel-cherlco-er amlndment, thl 19 adOPtion of any official control or ..Indmlnt cherecoT-p.bi*e 20 fte.r*n'I-.ft.it-b.-fteid-be~ore, the aDoroval or denial of .any 21 conditional us. per.it, Ifty yari.nc., Ift4-.ft,-,.opo..~-le.-. 21 22 subdivision '.-."ro..4-er-4eft*ed-b,-ene-.e.ponl*.i. 23 ..tnor*tYT Dlan and in circumstance. wh.r. a public h.arin9 1. 24 oth.rwl.. requlr.d by ..ctlon. 39..lt ~ to 3,..3' 25 Sue" A Qublic hearinq for a conditional use permit, 26 Ylriance. lubdivision oroool.l, or an amendment to otficial 27 controls mUlt b. held within 45 day. followinG the delivery of 21 an aoolication completed in compliance with the municiDal 29 ordinanca by the APplicant to tha municioality, unl.s. an 30 estenaion ha. been aGreed to by the aDDlicant. Th. public 31 h..rln9."y be contlnu.d free tlm. to tl.. .nd .ddltlonel 32 h..rln9."y be h.ld. 33 Subd. 2. (NOTICE.) Notic. of the tim., plac., and purpo.e 3. of .ny public h..rln9 .h.ll be 9iv.n by publlc.tlon in a 35 nevlpapar of 9.n.ral circulation in the town, aaft'etpattt, city, 36 or other ar.. concerned, and in the official new.paper of the 41 . ..ither the .unfcipal lav nor the county law i. cl..r on who i. ro.po~1bl. tor anaurin; that notic.. ara dlatributa4. In addition it 1. not cl..r to whoa the notlc.. ahould go 1n quaa1-ju41c1al/l~1alat1v. ..tt.... .aeol!l!ll.l'ldat:.toft specify that it 1. the r..ponalbl1ity ot the local qovarn.ant through ita planning ~o..l..ion an4 atatt to .aka aura th.~ notic.. ra9ardlnq public haaring_ ara .ant to the appropriate people and 1n a tia.ly mannaI'. Tha di.tanc.. within Which notic.. are required to ba .ant ara axc...tva in the c... ot varianc.. 1n both efti.. and count!... In addition there ara al.o probl... vhen the local unit ot lJovarnaant 1. required, .. 1n the ca.. ot ...ndJDanta to carta in otticial control. like zoning and aubdlvialon raqula- tiana, to notity owner. of racord with!n ana-half .11a of tha affactad property. Accordlnq to ao.. county loning adainiatra- tor., thi. haa re.ult~d in contu.lon and in certain aituatlona ha. requirad that virtually .v.ryone in the county be notified. Another probl.. baa been the practice ot .cae cltie. who provide notification only to th.1r corporat. l1a1t. .v.n thouqh tha1r aay b. property ownere j\lat out.ide the corporate lait that are within the 500 foot r.qu1raaant. R.co_.nd.~lon Reduc. the di.tanc.. requir.d tor notiticatlon in the ca.. ot otficial control. inclu4~n9 conditional u..., variance., zoninq regulation., an4 .ubdivi.ion r~l.tlon. tro. 500 t.at to 350 t..t or the n.ara.t tan property ownar. in citiaa and un1ncorporatecl .na. 1rraapacUv. of jud.41cUonal boWlllad... Notification .hou14 al.o be q1van to tha a4jacant local tJ'ovarnaant unite vit.bin 350 t.at ot the propoaeci action except c:ounUaa viler. the a4jacant lancl 1. within another city. 7/14/87 (COUNSEL I OPM SC5889-5 1 county, at l...t ten day. betore the hearin9T-..e.pt-tft.e-ftot~e. 2 of-,~~i.e-h..~.ft'.-*ft-eoftfteettoft-.~eh-th.-.~opttoft-by-ord*ftaftee ef-.",-eee,refte".*.e-,i.ft-er-..eft~aeftt.-the~ete-or-.dopttoft-or 4 .Meft~aeftt-of-."y-off~e~.i-eo"troi.-.haii-be-9..en-*n-the-manner 5 pro.t~.~-br-.eeeio"-~~STSiT-.~b~i.i.io"-i. Ift~.~d*t.oft-eo-th. 6 re~..~e.eftt.-of-8eet*oft-3~5T5iT-.~b~..*.*oft-iT Written notice of 1 public hear in;. held by the county on all official controll and 8 amendment. thereto Ih.ll be ..nt to. the 9ov.rning bodi.. ot all 9 town. and .11 municipaliti.. located within the county. Written 10 notic. ot public he.ring. re9ardin~ the application ot ottici.l 11 control. to .pecitic properti.., includin; but not limited to 12 condition.l u..., varianc.., rezoninq involvinq, all or part ot 13 on. or more contiGuous carc.ll ot proo.rty owned by the .ame 14 per.on or cerson. or an .r.. of 1... than five .cr.. in 15 incorDOrated .re.. and 20 acr.. in unincoroorated are.s, lonin9 l' ~.,.i.t.on. permits iSlued to owner. or land reserv.d for future 11 Dublic u.. on the offici.l mao, and subdivision .e,ei.tion. 1. aDorov.l, shall be s.nt to .11 property owner. ot record 19 within 5" ~ fa.t of the .ff.ct.d boun4ori.. of the .ntir. 20 prooerty owned by the .oplicant th.t include. the .ub1ect 21 property tft-tfte..po..t..-.....?--fft-.fttfteo.po..t..-.....T-t~. 22 .~.tt.ft-w.t.el-.fta..-..-..ftt-te-.~e,.~t7-evft.~.-..-fo..ev.. 23 t.t-Ift-t~.-e...-.f-.....fte..y-to-..ft...-.f-..e...-w.th.ft 24 t"-f'''-of-th.-.ff.ct.d-.~e,.~t7? 25 t~t-Ift-th.-e...-of-eoft'.tton.i-.."T-t.-O.ft...-of-..eo.' 2' ..th.ft-.ft.-....t..-.ii.-of-th.-.ff.et..-'.op..ty-o.-to-th.-t.ft 27 ..o..rtt..-ft.....t-to-th.-.ff.ct..-,..pe.tyT-.hieh....-...i. 2. .......-ft.tte.-t.-th.-'...t..t-n..~..-of-o.ft...~ 2' tet-tft-th.-e...-of-...-oth.~-eff.c.a.-coftt~o..?-.ftc..d.ft, 30 __t-ftOt-i~*t"-t.-'.ft.ft.-.e..i.t.on.-.ft.-.e~i...ton 31 ....i.tton.y-te-ewn...-of-..eo..-..thta-oft.-ft.lf-..i.-of-th. 32 .tf..t..-pe....., or to the t.n owner. ot record ot prooerty 33 neare.t to the boundaries at the entire property owned by the 34 apolicant that include. the subi.ct prOD.rty, whichever would 35 provide notice to the Gr.ate.t numb.r of prooerty owner., 3' irre.oective of local qovernm.nt unit boundarie.. 42 Tha county plann1ng lav doea not conta1n languaqa cla1a1ng that. failure to viva ..lied notic. to individual property owne" d.... not invaUdate the pubUc h..rlng proceedlnga. Tha aW\lclpal lav d..... R.c~.ftd.-tiOft Th1a d1acla1aar lanquaqa ahould apply to coW\tlaa alao. Th1a lanquaqa could ..ally be conta1ned 1n a a1nqla aact10n of tha lav that app11.. to coW\t1... clt1... and tovnahlpa. Laft9\lAq- E'aquir1n9 the recording ot every ordinance, up and regulation that 1. adopted 1. caualn; unn.c....ry vork for ao.. of 'the county recorder.. Noreovar it 1. prObably ...1ar for the ,anara1 public to review loning ordinanc.., aubdlvi810n r~l.tlo~, and coapreb.~lY. plana 1n the ottic.. of the city which haa prepareel th... 4ocuaenta. ..co1lnll..ndJl't.tOft aequire the recording of only conditional uaa peralta and varianc... 7/14/87 ! COUNSeL lOP" SC5889-5 If.,,. 1 Written notice of hearinQs on conditional uses. variances. rezonina, zonina, and subdivision plan aPDfoval shall also be 3 9iven to t~._.ffeee.d_Do.rd~of-to.ft-.8pe..t.ersT-.ne-ehe 4 .~ftietpLi_eo~fteti_of_.ftr_~~ft~etp.ittr-wtthtn-two-~tieS-~f-t~e 5 .ffeeted all local Qovernrnent units containinq any par~ of the 6 subiect property. Written notice must also be qiven to otner 7 local qovernment units located within 350 feet of the boundaries 8 ot the entLre ~ropertv owned by the ~pplLcant that incl~des the 9 lubiect proper tv it the property 11 located within an 10 Lncoroorated area or one-half of a mile if the property is 11 located within an unLncoroorated area. 12 Th. perlon resDOnsible for mailinq the notice may use any 13 aoprooriate records to determine the names and addresses ot 14 owners. A COpy ot the notice and a list of the owner. and 15 .ddr..... to whLch the notice wa. sent shall be attested to bv 16 the resoonaible oerson and .hall be made a Dart of the records 17 ot the oroceedinol. Failure to Give mailed notice to individual 11 orooerty owner. or det.ctl in the notice doe. not invalidate the 19 oroc.edinGs, orovided that. bona fide attempt to comply with 20 this subdivision ha. been mAde. 21 Subd. aa}. (ASSIGNMENT.) Tba ~ard qoverninq bodY of the 22 local Goveraaent unit eAY a..19n r.sponsibility to conduct 23 public he.rings for on. or acre purpos.s to the plannin9 2. comai..ion, board of adjust..nt or any official or employee of 25 the co~nt17-e.ee,t-"-'fo.~.e.-~ft-..et~eft-ifSTSk !2:!! 26 Government unit. 37 ZI Sec. 11. .UTii 09.".171 (CeRTIFIED COPIES FILED WITH 3' COUNTY RECORDER.) 30 Subdivllion 1. (REQUIRED rILINGS.l " certified copy of 31 .verY ordinance or other official control adoDted, includinG any 32 supgle.ental ..D' or chart., shall be flIed with the county 33 recorder and reQlstrar of title.. Ordin.nces, resolution"~ 34 aiD', or reQul.tions filed under .ectlonl ... to ... d6 not 35 constitute encuabr.nce, on real DroD_rtv. Failure to fill does 36 not afrect the validity or entorceabilitv of the ordinance, u re.olution, map, or requlation. S.b.t...ton-t~. [REQUIRED eeeeKe~S RECORDING.) A certified copy of .v.ry o~stftefteey-~elek~~~efty-..py-~e9~t.ttOft .septe.y conditional use permit or variance ,r."t..-~ftSer-the prow.aiona-of-,eettoft,-46iTi58-afta-46iTi595, includinq all attached conditions and a leQal descriation of affected Dropertiel. .hall b. filed for recordinq with the county recorder or reoistrar of title. ot the county or count i.. in which the .~"~etp.tttr local qovernm.nt unit adoptin9 it i. located. erdtftenee.y-r..oz~ttOftay~~p.y-r..az.ttoft.-o. ...t.fte..-fti.s-.ttft-th.-eoofttr-..eo~.er-p~r.~.ftt-tO-tht' ..e4t.t'tOft-.o-ftot-eoft.ttt.te-efte..br.ftee.-oft-r..t~prop.rt1T 'h._o~..._t"~.._.r_th._,o..rfttft._.oer_O._Do.rd_of_.ppeat.-.ftd ..i..t..ftt.-a.-~h.-e..e-"r-b.T-.h.i~-tftei.d.-the-te,.t de.e.tpttoft-of-th.-p.o,ert1-tft.ot.e.T--p.tt~r.-to-ftt.-aft ordtft.fte.y-r..ot.ttOfty-aapy-r.....ttOftT-..rtafte.y-or-ora.r-Ihltt not-.ff..t-tt.-..tt.tt,-o~-.nfo~...btttt,. Sub4. fl. (rILING NITH CONTIGUOUS PLANNING AUTHORITIES.) Llnqulq. .onc.rnlnq vh.th.r lt 1. n.c....ry to fl1. . coapr.- l' A copy of . compr.h.n.lv. plan ..opt04-b,-.-pi.nntn,-.,on., hen.lv. plan vlth the achaol 4latr1ct or th. vatar.had 41atr1ct 1. althe~ lackin9 or uncl.ar. 20 .ft~ar-e~e-pro.t.toft.-of-.eeetoft.-46iT;St-eo-.'iTa'. and otticial ..e~.ftd.~{oft 21 cantroll adooted bY the local Government unit ahall be filed Ina.rt 1&ft9U&9. that requIre., in addItion to the contlquou. 22 with the 90vernin9 body of .ach conti9uoUI ..fttet,.~~tr ~ .unlclpollty, that .chool dl.trlct., wat.rahod dlatrlct. and th. appl1oabl. county allo rec.lv. cople. ot the c~reh.nalve plan. 23 Governm.nt unit 'and with the re9ional planning agency, it any, 24 .otablllhod to lorv. tho ar.a In whlch tho ..nt.tpottt, ~ 2S Government unit i8 located. 26 Subd. i!. (PLAT APPROVAL, FILIUG.) CQpiol of rOlolutlonl 27 approvlng lubdlvl.lon platl of land'wlthln a ..nt.tpottt, ~ 21 Gov.rnment unit, but cont19uou. to another ..ft.e.,...t, ~ 2' Governaent unit ahall be filed wIth the 90vernin9 body ot the 30 conti9uouI ..ft.....iter local Gov.rnment unit. Copl.. ot 31 r.lolutioaa approving lubdlvilion plata at land out.id. 32 a ..fttetpai.e, local Gov.rnm.nt unit but aubjact to ltl ]] lubdlvl.1on r.gulatlon. .hall b. fl10d wlth tho cl.rk of tho 34 town ln which the land 1. lituated. 3S Subd. 5. (DESIGNATION.. The local Gov.rnment unit .hall 16 d..ionate by r..olution the otficial or .mplov.. re.oonlibl. tor .' - ~ 2 3 4 5 6 7 8 9 10 11 12 1] 14 15 16 17 18 7/14/87 (COUNSEL I DPM SC5889-5 44 .. . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 11 19 20 21 22 'I 23 I H 25 26 27 21 29 30 31 32 13 34 35 36 7/14/87 (COUNSEL I OPK SC5889-5 1 meetinQ the reQuirementl ot thil section. 2 Sec. 19. 394.32 1394A.18] (COOPERATION WITH KHNfefPAbfffBS illlli. I Subdiviaion 1. (PLANNING AND ZONING SERVICES.) The 90verninq body of any .eft~etp.t*tr city DAY contract with the county board for planninq and %on109 ..rvices to be provided by thl countYT-.ft4~ The contract mAY provide that the .ante'pastty city Ihall pay .~eft f... ..-ara-_,reed tor the I.rvie.. performed. Subd. 2. (JOINT PLANNING ACTIVITIES.] Th. contract b.tw..n the governing body of the ..fttet,attty city and the county board may provide amonq othlr thin91 for joint eo.fttr-..n*e*,.~ county-city planning activiti.., or it may d..i9nata thl county board .1 thl planning aglncy eor the .aft*e*p.~*ty city. subel. 3. [COMPREHENSIVE PLAN AND OFFICIAL CONTROLS.) Th. governing body of any ..ft'e".~'.r city mAY requ..t a county board to lubmit to ..eh Sh! governlng body . comprehensive plan for the ...ocopotot, clty ..ttln9 forth .ceh provl.lon. .. ~ the county board 4.... con.ld.r. appllcabl. to the ...tco..ttt, clty and for It. be.t Int.r..t., or to Includ. the ar.a wltbln tha ...oetpot.t, cltY In a countywld. comprehenlive plan, or to prepare otticlal controll to apply to the ar.a wlthln the a..oct..t.t, cltY. Hotwlth.tandln9 the adoptlon of the comprehenlive plan and r.c~.nd.tion. for the ..ns.t,..._, city the plan and r.c~.nd.tlon. Ihall not be blndln9 untl1 offlclal control. ar. adopt.d by the acn.ctpottt, clty In accordAnc. wlth the plan or untl1 the county adopt. offlclal control. for the ar.a. wlthln the Incorporatad 11alt. of the ....c.p.tot, clty wh.n requ..tad by the 90v.rnln9 body of the aunlcl,.llty. Aft.r,tha county adopt. offlclal control. for ar.a. "lthln a ....c...ttt, clty, the count, .hall .nforce the control. unl... the county an4 ..ntcs..ite, city provided othervi.. by .gr....nt. A nni-e.,.H:t,. city aay at any tl.., by r..olution of itl governlng body, take over plannIng function., including adoption and enforc...nt of official control., with 45 : .. ," .. CUrrtlJlt lall9Uaqa 111 tha county plenninq law "&\Jardinq entorc...nt 1. wordy, vaCJU., and unn.c:....ry. R.e~.,'U'.~ioPl. Delate the ..ctlona in ~. count.y pl&nftlnq -lav pertaln!nq to entorc...nt. (N.I.3'..3' aubd. 1. 2, 3, an4 4.) an4 1n.art the anforc...n't lan;u&q. currently 1n the aunlclpal planning law Tbi. ahou14 r..ult in . .1"91. aectlon OD entorceaent to both counU.. and .....ic1pal1U... l' IfI.e.l1anaoua The count.y plannlft9 ,lav at. the pr..ent. t,1.. cont.ain. no 33 .I.&n9\l&9& t.o quid.. judicial review. Thi. 1. beco_1nq aor. ot . pro~l.. bee.u.. jud;.. have baeo.. auch aora active recently 1n 34 land. v.. declalon.. The aunlclpal law containe lanquaqa on thia t.opic but. Iacke judicial review lanquaqa concernin; varianc.. 3S and. cond.it.lonal u.... Raeollllllendat:ion It. i. raco-.andad. that the lan9Ua9& in the cit.y lav ra"ardinq judicial review a1ao apply to counti... Thi. .hould ba coabinad into a .in91e .ection of the lav. In a4dition lan9Uaq. r.qardinq review procedur.. for varianc.. and conditional u... abould al.o be added tor both citi.. and countie.. Again tbia ahou14 be . .in91. ..ction t.h.~ appli.. to both l.v.l. ot 9ovarn- ..nt. 7/14/87 (COUNSEL I OPIl SC5889-5 re.pect to ar.as within itlcorporate limitl tor which. county 2 has adopted ofticial cantrall. 3 4 Sec. 20. 394,33 1394A.19) IRELATIONSWITH TOWNS.) 5 Subdivision 1. The qovernin; body of any town includin; 6 any town with the powers of a Itatutory city pursu.nt to l.w may 7 continue to exercise the .uthority to pl.n and zone .. provided 8 by law, but after the adoption of otticial controls tor . county 9 or portion thereat by the board of county commi.aionera no town 10 Ihall enact or enforce official contTo11 incon.iltent with or 11 le'l re.trictive than the Itandard. pre.cribed in the official 12 controll adopted by the board. Nothing in this .ection Ihall 13 limit any town'. power to adopt official control., including 14 ahoceland re;ulation. which ar. more re.trictive than provided 15 in the control. adopted by the county. Upon the adoption or 16 a.en4ment of any official control. the governing body of the 17 town ahall file a certified copy thereof with the county 11 recorder oc regiatrar of titl.1 for record. A certified copy of l' any official controll of any town which are in .trect on AU9ult 20 1, 1974 ahall alao be flled by the 90vernln9 body of the town 21 with the county recorder or re9iltrar of title. for record 22 within one year fro. AU9uat 1. 1974. 23 24 Sec. n. 46hUi (394A.201 (ENFORCEMENT AND PENALTY.) 25 A .~ft'c',.~tt, local Government unit .., by ordinance 26 provide for the entorcement of" ordinaacel or regulation. adopted 27 un4.~ aection. .'.TiS. ~ to .,aT564-en.-prey..e-penal.i.. 21 'or-yteiet'oft-the.eef~. A ..ft.e.,...~r local oover~ent 2' ~.., alia entorce any provillon of .ectionl .6'Ti'. ~ to 30 ."Ti64 ~ or of any ~rdlnance adopted thereunder by 31 aandaaua, injunction, or any other appropriate r...dy 1n any 32 court of coapetent juri.diction. Violatlon of .ectlonl ..... to i. a .i.d....nor. 31 Soc. 22. 46iT36t (394A.21) (JUDICIAL REVIEW.) Subdiviaion 1. (REVIEW OF ACTION.) Any peraon a9qrleved by 41 .. " . '" 3. '1'IIa COWl~y plaMi.., lav do.. ....~ con~ain any la_ga on inconaia~an~ lava and U.a .....icipal plaMi.., lav. vnUa containi.., lanquaga on 1nconaiatan~ lava. doaa not apacify vba~ inconaia~an~ ....... lI.e~.nd.~ioft Apply tha proviaion of inconaia~an~ lava ~o boU. coun~iaa and .unicipali~iaa in a ai..,la aacUon of U.a lav. Alao provida a dafini~ion of wba~ ia aaan~ by inconaia~an~ lava. 7/14/87 [COUNSEL scsau-s DPK 1 an ordinancl. rul., regulation, decilion or order ot . governing 2 body .._~~'._of_..;~.t.."c.-.ftd-.ppe.i. acting pursuant to ) ..ctiona .'i~!5~ ~ to t6ITi'. ~ mAY have .~e" lh! 4 ordinanc.. rule, requlation. decilion or order, reviewed by an 5 approprl)tl remedy in the district court, subject to the 6 provilions of this section. 7 Subd. 2. (EXHAUSTION OF REMEDIES.) In action. brougnt 8 under this lection, . maftieip.tt~r local qovernment unit may 9 rai.. II . deten.. the tact that the complaining party hI. not 10 attempted to remedy the grievance by us. of procedure. available 11 tor that purpo.. under ordinancl or charter, or under 12 .oction. 46i.~5i ~ to 46i.~64~. If tho court find. 13 that .~eh !h! remedie. have not been exhaulted, it .hall require 1. the complaining party to pur.ue thOle remedi.. unle.. it finds 15 th.t the u.. of ..e~ ~ remedie. would lerva no u..rul purpo.. 16 und.r the circum.tanc.. of the c.... 17 11 11 20 Sac. 23. 46i.~64 [3'4A.221 [INCONSISTENT LAWS.) Inconsilt.nt lpecial lavl and general lawl of lpecial application ara auper.adld by .octlon. 46i.~5i to 46..ii4 21 ~ to tha a.tant of incon.l.toncy. Nothing In 22 Z3 .octlon. 46..~5i to 46i.~64 ~ ia to ba con.truad to affoct, altor or aodify tha provl.ion. of Speclal Lawa of 1117, 2. chapter"lO.. or Law. 1'33, chapt.r '3. LawI ara inconlilt.nt 25 when a Darlon or .ntity cannot comoly with the t.rml of .ach. -26 27 Sac. 2.. ~'4.~ii [3'4A.23) [RBbA'teN-te-elBBR-ee&NtV U _'IV EXTENSION OF TIM!: POR COIlPLIANCE. I 2' Subdlvl.lon 1. [OFFICIAL CONTROLS.] All official controla 30 in affact on Augu.t 1, "f4 l'la. anall ra..in in full forco and 31 ael.ct until ...nded or r.peal.d wh.eh'.-.aeh-eone~i...... 32 .'opt..-~-....i..'.ft-.f-.h.-~...-e.-~,-e..'ft.ne.-.ft'___.eh'. 33 ..-n..-......h.ft....-pi.ft.-h..-...n-...'...-..f...-.h.-e...e~.i 34 eont.oi.-........,t.., exceot a. provided in subdivision 2. Any 35 offIcial controll and any procedur.s tor the admlnistratIon of 36 official control. which ar. in .xistenc. on Augu.t 1, i9'. 1981, .7 r ~ " /" " , . Since the reco.aendatlon 1n thi. ..~lon 1. to require a comprehanaiva plan prior to the adoption of offlcial control. it will ba n.c....ry to provide ..pl. tLa.f for local qovarnaanta who currantly have ottlcial cont~l., but no coaprahanalva plan, to prepare and adopt . co~reb.n.lv. plan. Reco1'llJllandat:ton. In..rt a naw ..ction which allow. . local qovarnmant which ha. official control. but no Officially adopted coaprehanalva plan up to flve y.ar. to prepare and adopt . co.prahanalva plan. 7/U/87 (COUNSEl. J DPH SCSB89-S 1 ahall ba brOu9ht lnto compliance with taw. ~9f4 ~, 2 chapter 5" ~ within foar ~ y..rl trom August 1, t9~. 3 !lll. . Subd. 2. [COMPREHENSIVE PLAN. I Anv local Qovernment unit 5 that ha. adOPted otticial control. without adoDtinq a 6 comDrehenlive olin must adOPt by resolution and tile with the 7 county recorder I comprehensive plan within tive years trom 8 AUQUlt 1, 1988. Failure to adoot a-coMDrehenlive plan within 9 tlve yeart will invalidate III official controls wnich Ire in 10 exi.tence before a comprehensive plln i. adOPted. 48 ..., IIf D ()'OUA-l./ -;:1 PLAN CONSISTENCY REQUIREMENTS 10 C.C, '/11/g'J I. DEFINITION OF COMPREHENSIVE PLAN A, MINIMUM 1) GOALS AND OBJECTIVES AND POLICIES 2) EXISTING AND PROPOSED LAND USE MAP 2, PLAN ADOPTION A, INITIATED BY PLANNING COMMISSION OR GOVERNING BODY B, REVIEW (60 DAYS) BY PLANNING COMMISSION C, RECOMMENDATION BY PLANNING COMMISSION D. ADOPTION BY GOVERNING BODY 1) MAJORITY VOTE OF ALL MEMBERS IF SAME AS RECOMMENDATION 2) 2/3 VOTE OF ALL MEMBERS IF DIFFERENT FROM RECOMMENDATION E, ADOPTION REQUIRED BEFORE ADOPTION OF "OFFICIAL CONTROLS" 1) FIVE YEARS AFTER 8-1-88 TO CATCH UP 3. CONSISTENCY OF OFFICIAL CONTROLS A, REQUIRED BY 8-1-90 B. DEFINED - NO DEVELOPMENT ALLOWED THAT WOULD PREVENT PLANNED FUTURE USE 1 ,~ 2 ZONING 1, FEW CHANGESRE AUTHORITY 2. ADOPTION AND AMENDMENT AS ANY OFFICIAL CONTROL A. PLANNING COMMISSION - 60 DAY REVIEW, B. NOTICE AND HEARING C. ,GOVERNING BODY - 2/3 VOTE TO OVERRIDE 3. REZON I NG I ; . I A. NOTICE AND HEARING SAME AS CONDITIONAL USE AND VARIANCE B, CONDITIONAL REZONING PROHIBITED 4,IMPACT FEE AUTHORIZED 5. INTERIM ZONING AUTHORIZED A, MAJORITY VOTE BY. GOVERNING BODY B, NOTICE AND HEARING NOT REQUIRED c, 1 YEAR PLUS 1 YEAR EXTENSION ~ --"- 3 SUBDIVISION CONTROL I. COUNTY AUTHORITY AND ENFORCEMENT SAME AS CITIES AND TOWNS 2, ADOPTION AND AMENDMENT AS ANY OFFICIAL CONTROL 3. PROVIDES FOR APPROVAL OF UNPLATTED SUBDIVISIONS 4. WHO MAY APPROVE? A,' PLANNING COMMISSION OR B. ENFORCEMENT OFFICER OR C. GOVERNING BODY 5. APPROVAL PROCEDURES A. PLANNING COMMISSION ~60 DAY REVIEW B, NOTICE AND HEARING - SAME AS VARIANCES AND REZONING ,C, IF GOVERNING BODY OVERRIDES ~ 2/3 VOTE 6, TIME LIMITS ON APPROVAL DECISION A, PRELIMINARY - 120 DAYS AFTER HEARING STARTS B, FINAL - 60 DAYS AFTER PRELIMINARY APPROVAL 7. INTERIM SUBDIVISION CONTROL AUTHORIZED 4 CONDITIONAL USE PERMITS 1, LITTLE CHANGE FROM EXISTING STATUTE A, DEFINITION B, STANDARDS REQUIRED FOR EACH CONDITIONAL USE C. PLANNING COMMISSION REVIEW - 60 DAYS -I ! D, NOTICE AND HEARING SAME AS VARIANCES AND REZONING E, FINAL DECISION BY PLANNING COMMISSION OR GOVERNING BODY 1) IF GOVERNING BODY OVERRIDES - 2/3 VOTE F, RECORDING REQUIRED .1 I G, 30 DAY APPEAL TO DISTRICT COURT I 2, SOME INCREASE IN PLANNING COMMISSION PWOER 3, TIME ,LIMITS ON DECISION .... A, 120 DAYS AFTER HEARING STARTS OR 30 DAYS AFTER E,I,S, OR E,A,W, APPROVAL, 4, SPECIAL CONDITIONS CAN BE ATTACHED 5. PERMITS RUN WITH THE LAND ---'- ~" 5 6, PERMITS LAPSE AFTER 12 MONTHS DISUSE A, OTHERWISE PERMANENT (AS BEFORE) 7. PERMITS FOR EXPANSION OR AMENDMENT 8, DEFICIENCIES A, DEFINITION B, NO PROVISION FOR "LIMITED PRINCIPAL USES" C. TOO LITTLE RECOGNITION OF SEPARATION OF POWERS 6 PLANNING COMMISSION 1, NOW REQUIRED 2, MANDATORY POWERS AND DUTIES A, INITIATE OR REVIEW AND RECOMMEND: 1) COMPREHENSIVE PLANS AND AMENDMENTS 2) OFFICIAL CONTROLS AND AMENDMENTS B, MAKE RECOMMENDATION ON 1) CONDITIONAL USE PERMITS 2) SUBDIVISION PLANS 3) REZONING 3, OPTIONAL POWERS AND DUTIES A, FINAL DECISION ON 1) CONDITIONAL USE PERMITS 2) SUBDIVISION PLANS B, SITE PLAN REVIEW AND APPROVAL C, OTHER 7 4. MAKE-UP OF PLANNING COMMISSION A. COUNTIES (SAME AS BEFORE ~ ) 1) ONLY ONE COUNTY OFFICER OR EMPLOYEE 2) ONLY ONE "DEVELOPER" OR "SPECULATOR" 3) EX-OFFICIO AND NON-VOTING: A) COUNTY BOARD MEMBERS B) COUNTY EMPLOYEES C) NOT OTHER COUNTY OFFICERS B. CITIES AND TOWNS 1) "ANYTHING GOES" 5. EXPENSE REIMBURSEMENT INCLUDES TRAINING 6. DEFICIENCIES A. LACK OF "APOLITICAL" CITIZEN INPUT REQUIREMENT B. LACK OF CONSISTENCY C. TOO LITTLE AUTHORITY 8 , BOARD OF ADJUSTMENT 1. REQUIRED (3 TO 7 MEMBERS) 2. POWERS THE SAME AS BEFORE ~ (VARIANCES AND APPEALS) 3. MAKE-UP A. COUNTI ES 1) MUST BE A SEPARATE BOARD 1) IF A SEPARATE PLANNING COMMISSION A) ONE MEMBER MUST BE ON PLANNING COMMISSION B) MAY ALL BE PLANNING COMMISSION MEMBERS C) NO ELECETED OFFICERS OR EMPLOYEES OF THE GOVERNING BODY I ; , I I I <I I I I I i , 2) NO ELECTED OFFICERS OR EMPLOYEES OF THE GOVERNING BODY 3) ONE MEMBER (ONLY) MUST BE ON PLANNING COMMISSION B. CITIES AND TOWNS 2) IF GOVERNING BODY IS THE PLANNING COMMISSION A) ONE MEMBER ALSO ON THE GOVERNING BODY. 4. DEFICIENCIES A. SEPARATE APOLITICAL BODY NEEDED (CHECKS AND BALANCES) B. LACK OF CONSISTENCY ~ - -~~- -'~ . . 9 VARIANCES (NON-USE) 1. NEW REQUIREMENTS FOR GRANTING A. UNNECESSARY DIFFICULTY 1) UNIQUE CIRCUMSTANCES (AS BEFORE) 2) CIRCUMSTANCES NOT CREATED BY PRESENT OR PAST OWNERS - EXCLUDING PURCHASE AND GOOD FAITH IMPROVEMENT 3) CAN'T REASONABLY USE PROPERTY AS INTENDED WITHOUT VARIANCE 4) VARIANCE-GRANT A) WILL NOT UNREASONABLY IMPAIR USE AND DEVELOPMENT OF NEARBY PROPERTY B) WILL NOT ALTER ESSENTIAL CHARACTER OF NEIGHBORHOOD C) WILL BE IN KEEPING WITH SPIRIT AND INTENT OF: - OFFICIAL CONTROLS - COMPREHENSIVE PLAN B. "ECONOMIC CONSIDERATIONS ALONE SHALL NOT CONSTITUTE AN UNNECESSARY DIFFICULTY IF A REASONABLE USE FOR THE PROPERTY EXISTS UNDER THE TERMS OF THE ORDINANCE" 2. THESE STANDARDS SUPERCEDE ALL OTHERS 3. SPECIAL RESTRICTIONS CAN BE ATTACHED 4. VARIANCES RUN WITH THE LAND IF: A. SPECIAL RESTRICTIONS OBERVED B. UNNECESSARY DIFFICULTY CONTINUES 5. VARIANCES CAN BE TEMPORARY 6. APPEAL OF DECISION A. COUNTIES 1) DISTRICT COURT B. CITIES AND TOWNS 1) GOVERNING BODY A) THEN TO DISTRICT COURT 7. DEFICIENCIES - "ECONOMIC CONSIDERATIONS" SENTENCE , - APPEAL TO "BIASED" POLITICAL BODY IN CITIES AND TOWNS 10 < I ! <I. ,~ 11 EXTRA-TERRITORIAL CONTROL BY CITIES 1. ZONING A. ONLY IF NO COUNTY OR TOWNSHIP ZONING REGULATING THAT AREA B. ONLY UP TO 2 MILES 2. SUBDIVISION CONTROL A. ONLY IF NO COUNTY OR TOWNSHIP SUBDIVISION CONTROL REGULATING THAT AREA B. ONLY UP TO 2 MILES JOINT BOARDS 1. AREA OF INFLUENCE A. 2 MILES AROUND CITIES B. 1/4 MILE WITHIN CITIES 2. JOINT ADVISORY BOARD (J.A.B.) A. CREATED IF ANY UNIT REQUESTS B. ALL INVOLVED UNITS REPRESENTED EQUALLY C, REVIEWS LAND USE ISSUES D. MAY MAKE RECOMMENDATIONS 3. JOINT PLANNING BOARD (J,P,B.) A. CREATED IF A MAJORITY OF UNITS REQUEST B, SAME REPRESENTATION AS J,A,B. C, SERVES AS PLANNING COMMISSION - BUT} ONLY CAN RECOMMEND - IF RECOMMENDATIONS RE PLANS AND ORDINANCES APPROVED UNANIMOUSLY BY UNITS} MUST BE ADOPTED ,~, , 12"" 'I ------ - - -- --'---~ 0, 7:30 P.M. o CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 19, 1988 - AGENDA 1. Call to order 2. Resident Forum 3. Agenda Approval 4. Discussion Items *a. Solid Waste Abatement Plan b. T. Gearhart Development Plan Discussion c. Tax Forfeit Property/Assessments d. Creekhaven Sketch Plan 5. Staff, Committee, Commission *a. Order Feasibility Report/88-1/crosstown Boulevard from Bunker Lake Boulevard to 140th Avenue b. Ordinance 55, Section 37, Amendment c. Storm Drain Standards/Rural Subdivisions *d. MSA Designation *e. TKDA Contract 6. Non-Discussion Items a. Approve Auditor's Agreement b. Order Street Lights c. Order Condemnation proceedings/87-11/88-1 d. 7. Approval of Minutes 8. Approval of Claims 9. Adjournment *Not on published agenda. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION January 19, 1988 AGENDA SECTION NO. Discussion Items DATE ORIGINATING DEPARTMENT Planning ITEM NO. 4.a. Solid Waste Abatement Work Plan BY: Daryl D. Morey ~ APPROV~.~ F FOR AG bD BY: January 13, 1988 was the deadline for the city to enter into a joint powers agreement with Anoka County for landfill abatement activities and for submission of a solid waste abatement work plan in order to receive funding for abatement activities. The joint powers agreement was approved at the January 12, 1988 Special City Council Meeting. I have submitted to the County a work plan with 3 options, one of which will be implemented by the City. We are now required to inform the county which of these options we are going to implement. Council is requested to approve a specific work plan option at the meeting this evening. I recommend Option 4 (see attached). More specifically, I . recommend combining Option 3 with either Option 1 or Option 2. with Option 1, ACE will likely implement program sometime this spring or summer. advantageous for the City to incorporate work plan. The ACE proposal has the advantage of not costing the City any start-up or operation costs and it provides an incentive to recycle. On the down side, the program start-up date is not known at this time and only a portion of items in the waste stream would be eligible. their curbside recycling Therefore, it would be it into our recycling The second alternative under Option 1 has the advantage of having no start-up or operational costs, the Contractor would run the program, and it would provide people with an incentive to recycle by paying them for their recyclables. with the mobile unit no building would need to be constructed, thus eliminating the high start-up cost. Option 2 requires City staff to operate a drop-off recycling center, but the money made from the sale of the recyclable materials would probably offset that cost. However, the City would need to have the manpower available to oversee this COUNCIL ACTION MOTION BY TO SECOND BY o o o operation. The start-up costs are low (a fenced in site) but there is no incentive for people to recycle, therefore, we would have to spend more on promotion of the program. I feel that a recycling program combining Option 3 and Option 1 (alternative 2) would be the best choice because both options provide incentives for people to recycle, neither option requires City staff to operate the program, and the two programs compliment each other well and should be effective in reducing the City's waste stream. OPTION 1 DROP-OFF RECYCLING CENTER RUN BY MINNESOTA SOFT DRINK (MSD) o PROGRAM The City would have to provide the land (1/2 - 1 acre) and a building (1000-2000 sq. ft.). Fencing may also be necessary. MSD would staff the drop-off center which would be open 6-8 hours per day, 3-5 days a week (always on Saturday). MSD would provide the equipment necessary to run the center and they would be responsible for transporting the recyclable materials to market. MSD would pay residents, on a per-pound basis, for aluminum and steel soft drink and beer containers, aluminum foil, plastic soft drink containers, and glass; but they would also accept corrugated cardboard, newspaper and food cans. MSD would provide the City with receipts showing the amount of each material recycled. COSTS Building (@ $20/sq.ft.) x 1000-2000 sq.ft. = $20,000 - 40,000 Fencing (@ $4.25/ft. for a 6 foot high fence) x 1/2-1 acre = $2600 - 4330 c:> Promotion ? ADVANTAGES DISADVANTAGES 1. Cash back for certain recyclables provides and incentive for people to recycle. 2. The City is not responsible for the operation and maintenance of the center. 1. High start-up cost. 2. May have building with no service if contract is not renewed. 3. No operation cost. As an alternative, MSD would provide a mobile unit every other Thursday during the evening (probably from 3-7 P.M.) which would pay for aluminum and steel soft drink and beer containers, aluminum foil and plastic soft drink containers. This service.would be provided at no cost to the City other than the cost of promotion. The City would only need to provide an area whe," ~hc ~nbile ~nit could drive in (City Hall). o OPTION 2 DROP-OFF RECYCLING CENTER SERVICED BY WASTE MANAGEMENT c:> PROGRAM The City would have to provide the land and may have to provide fencing (fencing may not be required with the 3 1/2 cubic yard, locking containers). The City would also have to provide the manpower to oversee the operation of this drop-off center. Waste Management would provide the containers at no cost to the City, but there would be a charge for hauling the containers to market. This hauling charge will be lower if Waste Management builds an intermediate handling center in Anoka County, hopefully by April 1, 1988 (they are awaiting approval of the necessary permits). o o The City would, however, receive the money paid for the materials by the market and receipts showing the amount material recycled. This money could offset the cost of operating the center. The materials accepted include: glass, aluminum, and steel cans. recyclable of each City staff newspaper, COSTS Fencing $1000-2000 (a smaller area would need to be enclosed) promotion ? A. Present System (30 cubic yard roll-off containers) B. Proposed System+ (8 - 3 1/2 cubic yard locking containers) Material Charge/load paid/load* I Charge/load Paid/load ----~----------------------------------I-------------------------- Steel $170 $ 25 I $68 per 8 container load Aluminum 119, 3000-4200 I for all materials. Glass 238 400 I Newspaper 136 149 I ---------------------------------------1-------------------------- Total $663 $3574-4774 I $68 $878-1158 Net to City 2911-4111 I 810-1090 +Haul to proposed intermediate handling center vs. separate markets. *Based on current market prices of $5/ton for steel, $0.30-0.42/lb for aluminum, $40/ton(loose) for glass, and $14.88/ton(loose) for newspaper. ADVANTAGES DISADVANTAGES 1. The City gets the money j,,, ",,, recyclable materials. I. City provide the staff to operate the center. 2. Low start-up costs. 2. No incentive for people to recycle. 3. Hauling charges may increase or the contract may not be renewed. 3. Operational costs are offset by the money received for the recyclable materials. o o o OPTION 3 PRIVATE TRASH HAULERS IMPLEMENT THEIR OWN (CURBSIDE) RECYCLING PROGRAM PROGRAM ACE Solid Waste is considering implementing a program whereby they would provide weekly pick-up of newspapers and aluminum cans for their custoaers only. These items would be required to be placed in a separate container, provided by ACE, for pick-up on the same day as their regular trash pick-up. Their customers would pay extra if they did not sort their recyclables. ACE will likely start this service sometime this year but they do not have an exact start-up date. ACE estimates that they handle 66% of the households in the City. ACE prefers unorganized recycling service. Peterson Brothers has not considered a service such as this for their customers but they would be willing to talk to the City about implementing one. They would prefer an organized recycling service. It is estimated that ACE and Peterson Brothers handle about 90% of the City's households between them. It would be advantageous to attempt to get Peterson Brothers to implement a program similar to the one ACE is proposing, however they may choose not to do so. The owner of Peterson Brothers is on vacation until February 1, 1988. I will pursue this further at that time. COSTS Promotion ? ADVANTAGES DISADVANTAGES 1. No start-up or operation costs for the City. 1. Unknown start-up date. 2. Only a portion of the waste stream would be recycled. 3. If only ACE implements this program, not all of the city will receive curbside service. 2. Incentive to recycle. o o o OPTION 4 " A COMBINATION OF THE OTHER OPTIONS OPTION 5 DO NOTHING , - - ----- . r-( .:;I;I..tJ,VI).4i>O,i;":"N,)..: N7wrft}E - ~ 1 L!.: TAr., ~'--'l I ... ,~~, Vi ,. ,., p,_ ~ ",,~,-u,L1-JI. .'. J- .....: ""',:. ,II III~ 1 ~IJ_: I, I : ~-' .'-{il /'" i I~-- _- ,I, 1-1111[-" '~JlV\iV _! ~ Ii II ':'(;7-- I I~ I 110:2.,:: I --T----.:--\..:..~ - I 1 1 I: I 1 '.:::: 1-- : ~ 1 II \ : -:-..' i .T~' :;.,1 I n 'I ~ 1 I,F~ 'Ii I i _ ___: l~' , l' : I I Q~r __ T u-I~'f"'~'* __ __ ' I 1 [I + B4I ,~ _L...Vf""'-,,~ _."'_,< I L....€:STfI':fSJ ----I ~~ 1,1;_ '~o'A, ~ _ 1 ....... , , !j , : I -~--IL- .1__~-:" JltuTj' -!fi1 ; _.~'I-'b ,......-)IIJI i. '~-:.- :: ~ eJ~ _ LLLL . - - I"" 1,:],'\ I - I:T~ ._ ; ir,~ ~ !.J ~!! 1- II 1 I 1 ,,"'~",' · ., I 1 1 1--' I --./ - --- -". .-1--.--- ~~:: I' I~ 1 _____ - _~ '-~ ' I ,___- 1 1 ---- 1 C'! -~ I I-I !f-..............:-: ,---11-:1--' :iINP .......I:r.r~-;- ~.~' ,1,I,eftoJ-' ......'- .~I:I~I:':".I'::~~"/<" . J"~II..;t,,~\ ~~ :0 ~ L._. JI.A -: 1!'~ ,[ '.l'JlJrn :,1; i . ~ I-;J~~, :; :' ,'I , I ,."',." ...;,/ I , . I,H+ ';:;0'1" , wt' l '. ' , , I : , I I '\ ,R", ",,' .".' ..... ." H.' ,;, ' '.c. . ';"r"", ';r. <" . L .' . , ",' " . 1 I ~I ~f':j/Ii."''': ~"". - -~..L' . . ", "': _",,; . ; I . , -: 1 : I ~0'" .. fC : j(",~~r; n, + -il: . 1-: - : ....;:t . il!\j," A I ,. " I I ~~:+iL_, n '~..,~ /(' i :. ~ r--II'-:--' _ ~~" ID~~ lilTIl(' :. ,... I I - ,I: I! ,\!AUoij::': .:.~'.;;; N.1'", ._1. I 17 ,-;-:.':,,,;, ~I - ';; ;\HMJ,r'Q8, ..1 t L" ' -- ,,~,.!plJN:A1/" , ,""''' I ~_\ i?;"""""';"... .--._,_,l-...........I~_WA;-:..ILT-"S-..-r'.' '._11 \i' --I'''I:-'~'-, _;;;;~lli{'- "" ) '--- · I' . .' . -- ., ~ _:------- 1 , "~"N." I'" ' 'GAR" ,~---. 1-- I , _ ." '._ 1 --- --- ,DEN. T --~--- I aL-j~T,j'.; ,,; ;: I ..-.----,+ I --- ---- r.-j[; .... " .' ..: ' I-r-- ry,'I'~~ .,. I ' ACE' S . .....,i.,,! 1_ II I (' '"'' ' >', ,1!.nTS OF TH" ~II ' I I - · ,,' I ( \)1' ('i"<I')r< J "'.. f TY OF ANDOVER. < ," .".~.'r. .........f-, ,,:',:, Wl ~~ .......)\,11 I /,/1 ,I rf1 ........... "t(p..'::Ir'iS 1',1,<<"'" "l ..... 1 H. '~'.)l\!-\ CO. . , , - ,,-- 1.- -- ,,... . ,--- I W -- -- , . , . g o o o PROPOSED DROP-OFF RECYCLING CENTER LOCATIONS 1. City Hall - either in the area between the soccer field along Crosstown and the tennis courts or the parking lot area adjacent to the Public Works berm. 2. The Laptuta property on the south side of Crosstown across from City Hall. 3. The old school house lot at the corner of Xeon and Andover Blvd. 4. The front entrance to the old dump south of Coon Creek at Crosstown. 5. The Harstaad property south of the old dump along Hanson. 6. Outlot A in the Hidden Creek Addition south of Bunker at Crosstown (the first proposed fire station site). 7. The Commercial park. 8. The County property located in Andover north of the Diseased Tree site. o CITY OF ANDOVER ,REQUEST FOR COUNCIL ACTION DATE Januarv '.19" 1988 ITEM NO. 4.b. Tom Gearhart Development Plan BY: Daryl D. More 1J0YV\. BY: AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT Planning The City Council is requested to discuss the proposed development b Tom Gearhart. Mr. Gearhart is proposing to develop a funeral home on the east end of the Grace Lutheran Church property (see enclosed map). While Mr. Gearhart states that it is his intention to develo a funeral home sometime in the future if he does purchase the property, he would not rule out another use if a funeral home would not be feasible. The Grace Lutheran Church property is currently zoned R-4 and is divided into two lots. The church is located on the west lot and their parking lot extends onto the east lot. In order to develop this eastern parcel for commercial use, the church would need to ~ezone the parcel and shift the property line that divides the two lots, to the east at least five feet past the edge of the parking lot (see map). At the April 23, 1987 Special Meeting of the City Council, a motion was passed that Rose Street be extended to the north and a service road be constructed from the existing church driveway along the south side of Bunker Lake Boulevard (see enclosed motion). If the church were to move their interior lot line to five feet east of the existing parking lot (parking lot setback as required by Ordinance 8), the remaining lot would be a commercially buildable lot - approximately 173' x 285' (Ordinance 8 requires 150' x 150'). If the plan that passed by Council motion were implemented, the lot would not only become commercially unbuildable, but the church parking lot would become non-conforming because the parking lot is built up to the northerly extension of the Rose Street right-of-way line (Ordinance 8 requires a 20' parking lot setback from any street right-of-way) . The Planning Department is requesting that Council reconsider this motion $0 that a potential buildable commercial lot can be developed. Mr. Gearhart will be present at the meeting to answer questions. MOTION BY TO COUNCIL ACTION SECOND BY o Special City Council Meeting April 23, 1987 - Minutes Page 2 (Personnel/Staffing, Continued) Council was concerned about budgeting another $95,000 for staffing at this point, but agreed there is a staff and space c~ises. There was a lengthy discussion on the additional positions proposed by Mr. Schrantz, qualifications and talents of existing staff, and the best utilization of staffing qualifications. It was finally agreed to advertise for a combined position of city planner, engineering technician, administrative assistant, zoning administrator, and for an employee with some computer experience capable of helping in accounting and doing special assessments. It was recognized Mr. Schrantz has already been authorized to hire an engineering secretary, suggesting he advertise for that position again as wel I . MOTION by Orttel, Seconded by Elling, to advertise for a position of planner, engineering tech, with some administrative assistant capabilities, primarily zoning administration, and any other position that can be filied for a salary of up to $23,000 per year; and that we advertise for one clerk who would work in both accounting and,special assessments as the need arises for an amount not to exceed $15,000 per year. Motion carried unanimously. Council noted job descriptions need to be written for both positions. No action was take~ regarding additional staffing to take the Planning and Zoni~g and Park Board Minutes. It was also felt once the computer is installed and operational, the staffing can be reviewed again. Council suggested additional space for staffing can be made with temporary dividers in the back of the Council chambers. ROUND LAKE BOULEVARD/BUNKER LAKE BOULEVARD ACCESS PLAN Councii reviewed the proposals for accesses off of Round Lake Boulevard and Bunker Lake Bouievard around the Downtown Shopping Center. It was suggested an access be created going north from Chapmans to Bunker Lake Boulevard or the frontage road, Concern was also raised about uti lizing so much land for stacking at lighted intersections because it destroys the buildability of those lots involved, o Council generally agreed to two exits off Bunker Lake Boulevard to the shopping center site, signalizing the middle driveway (just west of' Quay). At this time, no decision was made for access onto Bunker Lake Boulevard west of the Round Lake Boulevard intersection, though there was general agreement the intersections should not be moved over as proposed. o Special City Council Meeting Aprii 23, 1987 - Minutes Page 3 (Round Lake/Bunker Lake Blvds. Access Pian, Continued) MOTION by El ling, Seconded by Orttel, that we extend Rose Street northerly and construct a service road from the existing church driveway along the southerly side of Bunker Lake Boulevard, and signalization of the middle (easterly) driveway of the shopping center. Motion carried unanimously. MOTION by Orttei, Seconded by Elling, that we approve the plan of Round Lake Boulevard as regards to the proposed shopping center from Bunker Lake Boulevard north to 140th as presented by Anoka County. Motion carried unanimously. MOTION by Orttel, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 10:20 p.m. Respectfully submitted, \\\ l'V\HLC;~-('~ '.f,~,=,L Mar~&l la A. Peach Recording Secretary o II r ,\ vr J.4/VVI\I-4 LIb .' , o ..... ~- .... ~ \;f \ CENTER SEC'~I @. ~ J l ':;\ (COUNT'fi . -s:r ME " (lIH) (5/ Alp ... '~ .. .~,f 1JJIl (z) (781J5J ,4""6,.1J. '<.. (,di {9J {7'!W J &,..ee !v.~,.~~ : 1,'''d/ ,./ ...f,..~ < . .,.~A .._ ,..: ~~~,'J ' .- 136 TH 1 J~.'" :~ "" o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 19, 1988 AGENDA SECTION NO, Discussion ORIGINATING DEPARTMENT Administration ITEM Tax Forfeit Property/ NO, Assessments 4.c. BY: Vicki Volk The City is in the process of acqu1r1ng a piece of tax forfeit property in the Russell-Stack Addition which has an assessment on it for streets. The County Auditor wants to know if the city wishes to cancel the assessment or if it will be paid by the city after acquisition. The remaining balance after 1988 is $1,088.94. V COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE.T~'n"~""'Y 1 q 1 qRA AGENDA SECTION NO. Discussion Item ORIGINATING DEPARTMENT Engineering APPROVE~ t AGEND ~ 4d <1'1~ ITEM NO. Creekhaven Sketch Plan BY: Todd J. Haas The City Council is requested to review the sketch plan of Creekhaven which is located at the intersection of Crosstown Boulevard and Bunker Lake Boulevard (Donna Green Property). The Andover Review Committee (ARC) has reviewed the sketch plan and their comments are as follows: **The ARC has a concern about Lots 1,2, 3, and 10 of Block 2. It is recommended by the ARC that the City Council discuss the feasibility of rezoning lots 1,2,3, and 10 of Block 2, to either Neighborhood Business, Limited Business, or Multiple Dwelling. The concern the ARC has is lots 1, and 10 of Block 2 front on a County Road, which is not allowed by Ordinance (Ordinance 10 Section 9.02C). The Planning Department comments concerning the possible rezoning are as follows: Speedy Market is located directly across Crosstown Boulevard to the east. The possible Creekhaven Neighborhood Business District (minimum to rezone is 2 acres), Limited Business District (minimum to rezone is 20,000 square feet), and Multiple Dwelling District (minimum to rezone is 20,000 square feet) is located along a major throughfare (Bunker Lake Boulevard and Crosstown Boulevard), which is a requirement for Neighborhood Business and Limited Business Districts. The problem that has arisen is that proposed Lots 1, 2, and 3 combined do not meet the area requirements for Neighborhood Business rezoning (2 acre minimum). The developer has been talking with the current owner between lots 1 and 10 about future development of that property. obtaining a portion of this parcel may allow a Neighborhood Business District. COUNCIL ACTION MOTION BY TO SECOND BY o The options the developer has are either to have this lot undeveloped or to try to develop it as commercial property which would require the ARC recommendation of combining the lots to achieve a continuous lot of more than 2 acres. ARC COMMENTS CONTINUED.... **A portion of the proposed plat is a replat of Northwoods Addition. **The property is currently zoned R-4, Single Family Urban, and is included in the MUSA Boundry. Therefore city sewer and water will be available. **Soil boring investigation is required and shall be submitted with the preliminary plat. **The proposed plat shall meet the requirements set out in Ordinance 8 (Zoning), Ordinance 10 (Subdivision), and any other Ordinances which may be associated with the plat. **street Lighting is required. **The developer is responsible to obtain the necessary permits from the Coon Creek watershed District, Corps of Engineers, or any other agency that may be interested in the site. o o o , ' . " ',' " I I i I .. , .. . ~ :: . . I I . ~ ~ i !l : :~ic.. I ~.:=i~.I-..e :!i...::!=~ ~:S;:::1;1 ~a:'=:':asc_ = ....o.tO - ..~ . = .. .. .. 0: .. .. c ~ ~ -, () () " '. ':1 . ~ I i: .. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, Staff, Committee, ORIGINATING DEPARTMENT DATE Januarv 19. 1988 Sa ITEM Order Feasibility Report NO'88-1/Crosstown Blvd. from Engineering BY: James E. Schrantz APPROVED AGENDA {] /l The city Council is requested to approve the Resolution ordering the feasibility report for 88-1 Crosstown Boulevard from Bunker Lake Boulevard to 140th Avenue. The City Council is ordering the feasibility on it own motion. The DNR permit should be issued soon, at which time the feasibility report can be completed. COUNCIL ACTION SECOND BY MOTION BY TO o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA, RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREETS AND STORM DRAINAGE CONSTRUCTION, PROJECT NO. 88-1 IN THE RED OAKS/CROSSTOWN BOULEVARD {BUNKER LAKE BOULEVARD TO 140TH AVENUE AREA WHEREAS, the City Council of the City of Andover is cognizant of the need for improvement; and WHEREAS, it is proposed to make improvements of streets and storm drainage in the Red Oaks/Crosstown Boulevard (Bunker Lake Boulevard to 140th Avenue) area and to assess the benifiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statues, Chapter 429; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with-a-- feasibility report. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of ,19 with Councilmen voting ,in voting favor of the resolution, and Councilmen against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 19, 1988 ITEM NO. Ordinanace 55, Section 37 Amendment BY:d'Arcy Bosell, APPROVE1J: AGEN A BY: AGENDA SECTION, NO. Staff, Comm~ttee, Commission 5b ORIGINATING DEPARTMENT zoning Administrator I The City Council is hereby requested to amend Ordinance No. 55, Section 37 - Penalties . When the occasion arose to enforce violations to the Muncipal Water Ordinance, it was determined that the penalty section did not meet the needs of the City and provide for consequences for illegal installations. Attached for your review is a copy of Ordinance No. 55, Section 37 as it presently stands in our ordinance as well as the proosed amendment thereto. By putting in place the recommended language, it puts our penalty section in line with the penalty provisions as set out by Minnesota statutes. COUNCIL ACTION MOTION BY TO SECOND BY o the installation of a curb stop box. cost of restoring disturbed areas ana all other costs related to such installation. '. C; There shall be a connection charge pursuant to Section Three (3) levIed by the City to contribute to the payment of the costs of the Andover Public Water System Facilities. The City Council shall set by resolution the charges 10 be made for non-residential Installations. O. When water services have been slopped because of a violation of this ordinance. the City shall collect a fee before service is recommenced. If a person desires to connect to the system and service a parcel that has not been assessed for the cost of watermain and lateral, construction. then before a permit is granted. the City shall collect an amount from the applicant that Is determined by City Assessment Policy and Public Improvement Financing Policy. SECTION 23 - LOCATION OF CURB STOP BOX. Curb stop boxes will be installed on the right.of.way line at a location best suitable to the property and shall be left in a vertical position when backfilling is completed. Curb stop boxes will be installed at an approximate depth of seven (71 feet below the finished ground elevation and the top of the curb stop box shall be adjusted to be flush with the finished ground elevation. Curb stop boxes must be firmly supported by a masonry block. No person shall erect any fence or plant any tree or other landscaping that would obstruct the use of the curb stop box or cause damage to same. SECTION 14 . SUPERVISION BY CITY BUILD~ ING INSPECTOR, .PUBLlC UTILITIES DEPART- MENT AND LICENSING. All piping connections from the curb stop box to house supply piping shall be made under the supervision of a licensed plumber subiect to inspection by the City Building Inspector. The piping connection made to the curb stop box on the house side shall be inspected by the Public Utilities Department. The water meter installation shall be inspected, tested and the meter sealed by the Public Utilities Department. A. No person, firm or corporation shall engage In the business of altering, repairing, installing or constructing municipal water connections within the City without first obtaining a license to carryon such occupation from the City. 1. Applicant shall file with the City Clerk pOlicies of public liability and property damage insurance which shall remain In force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without ten (10) days written notice to the City. Public liability insurance shall not be less than one hundred thousand ($l00,OOOl dollars for injuries including accidental death to anyone (1) person'and subi!!ct to the same limit for each person in an amount of not less than three hundred thousand (S3oo.oool dollars on account of anyone (1) accident and property damage insurance in the amount of not less than fifty thousand (S50,000) dollars for each accident and not less than one hundred thousand (Sloo,ooo) dollars aggregated. No work shall be done under this license until said Insurance pOlicies have been filed and approved by the City. 2. The applicand shall file with the City Clerk a surety bond guaranteeing the conformance and compliance of work with this ordinance. Said bond shall be in the amount of two thOusand ($2,000) dollars. The City shall hold said bond for one (1) year following the license period. Failure to comply with provisions and requirements of this ordinance Shall result in forfeiture of the bond. 3. Applications for licenses shall be filed with the City Clerk and shall be reviewed and subject to approval of the City. 4. Any installation, construction, altera~ion of a water connection by a license in violation of any provision of this ordinance or refusal on the part of a licensee to correct such defective work shall be cause for revocation of or refusal to renew a license. Said license may be revoked or refused for renewal by the City at any time for cause which Shall be documented in writing. B. All licenses required in this section shall be renewable annually. Applications for such license shall be made annually on a form furnished by the City Clerk. Licenses shall be in effect from January 1 to December 31 of the same year. C. Before any license issued under the provisions of this section may be revoked or its renewal refused, the licensee shall be given a hearing by the City Council to show cause why such license shOuld not be revoked or refused. Notice of the time, place and purpose of such hearing shall be in writing. . SECTION 25. TURNING ON WATER. No person, o except an authorized Public Utilities Department Employee, shall turn on or off any water supply at the curb stop box. SeCTION 26 - WATER SERVtCE BILLING AND NOTICE ADDRESSES. All bills and notices shall be mailed or delivered to the address where service 15 provided. If non. resident owners or agents desire personal notice sent to a different address. they shall so note on the water service application.. Any change or error in address shall be promptly reported to the City Clerk. SECTION 21- WATER RATES. A. The rate due and payable by each user within the City for water taken from the water system commencing March 31, 1981, shall be established pursuant to Section Three (3). B. 'n case the meter is found to have stopped, or to be operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously in comparable periOdS of the year. C. Rates due and payable by each water user located beyond the territorial boundaries of the City shall be determined by special contract. D. The minimum rates established pursuant to Section Three (3) shall begin to accrue after connection of the' service pipe with the curb stop box. E. A meter shall be installed on the street valve in the house and a remote register outside regardless of whether inside piping is connected. F. In the event a water customer elects to discontinue the use of the municipal water. the regular or minimum charge shall continue until such date as service is disconnected at the curb box. SECTION 28 . PAYMENT OF CHARGES. Any prepayment or overpayment of charges may be retained by the City and applied on subsequent quar. terly charges. SECTION '29. PENALTY FOR LATE PAYMENT. If a quarterly service charge is not paid when due, then. a penalty of ten percent (10 percent) shall be added thereto. SECTION 30. ACTION TO COLLECT CHARGES. In the event a user fails to pay his water user fee within a reasonable time as determined by the City, said fee shall be certified by the City Clerk and assessed against the property connected to the water system and forwarded to the County Auditor for collection. SECTION 31 . WATER METERS. Except for extinguiShment of fires. no person. unless otherwise authorized by the Public Works Director or Public Utilities Department, shall use water from the water system or permit water to be drawn therefrom, unless the same be metered by passing through a meter supplied or approved by the City. No person not authorized by the Public Works Director or Public Utilities Department shall connect, discon. nect, take apart, or in any manner change. or cause to be changed, or interfere with any such meter or the action thereof. or break any meter or valve seal. A. A deposit established pursuant to Section Three (3) shall be paid by customers to the City for water meters including installations and check valves and payment for the same shall be made at the time of water service application. This payment shall be made only once. subject to the following: B. Where a consumer has need for a larger line in addition to his domestic line. as in the case of a commercial consumer who needs a one (1) inch line for normal use and a six (6) inch or eight (8) inch line for a fire sprinkler system, he will be permitted to run one (1) line into the premises and Y off into two (2) lines at the building. When this is done, the meter will be attached to the small or domestic line and a check valve as well as one (1l inch detection meter shall be put on the large line. C. The City shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them if necessary. When replacement, repair, or adiustment of any meter is rendered by the act, neglect (including damage from freezing or hot water backup) or carelessness of the owner or occupant of the premises, any expense can cause the City thereby shall be charged against and collected from the water consumer. D. A consumer may, by written request, have his meter tested by depositing the amount established pursuant to Section Three (3), In case a test should show an error of over five percent (5 percent) of the water consumed. a correctly registering meter will be installed. and the bill will be adjusted accordingly and the testing deposit refunded. Such adjustment shall not extend back more than one billing period from the date of the written request. E. All water meters and remote readers shall be and remain the property of the City. Page 2' F: Authorized City employees shall have free access at reasonable hours of the day to all parts of every building and premises connected with the water system for reading of meters and inspections. G. It shall be the responSibility of the consumer to notify the City to request a final reading at the time of customer's building change. SECTION 32 . WATER METER SETTING. All water meters hereafter installed shall be. In accordance with the following rules: A. The service pipe from the water main to the meter, when the same enters the building, shall be brought through the floor or bottom course of concrete block or foundation where depth permits. B. The meter shall be located so that the bottom is from twelve (12) inches to twenty.four (24) inches above the finished floor line. The meter shall be set out not more than twelve inches measured horizontally from the inside line of the basement wall. unless an alternate method is approved by the City Building Inspector. All meter installation Shall have_ a gate valve on the street side of the meter. A gate valve shall also be installed on the house side of the meter. All fittings and pipe shall be red brass or bronze. Gate valves shall be brass 125 poundS standard. Ball valves may be used in lieu of gate valves on the house side of the meter. A meter yoke shall be required on water meters one (1) inch or less in size. SECTION 33- USE OF FIRE HYDRANTS, Except for extinguishment of fires, no person, unless authorized by the Public Works Director or Public Utilities Department shall operate fire hydrants or interfere in any way with the water system without first obtaining a permit to do so from the City as follows: A. A permit to use a fire hydrant shall be issued for each individual lob or contract and for a minimum of thirty (30) days and for such additional thirty (30) day periOdS as the City shall determine. The permit shall state the location of the hydrant and shall be for the use of that hydrant and none other. B. The user shall make an advance cash deposit to guarantee payment for water used and to cover breakage and damage to hydrant and meter, which shall be refunded upon expiration of the permit, less applicable charges for use. C. The user shall relinquish the use of the hydrant to authorized City employees in emergency situations. D. The user shall pay a rental charge of ten dollars (S10.GO) per day including Sundays and legal holidays. and sixty cents (SO.60) for each one thousand (1.000) gallons of water used. SECTION 34 . TEMPORARY CONNECTION TO FIRE HYDRANTS. An owner of a private water system may make a temporary above ground connection to a fire hYdrant. subject to the time periods, conditions, and payment specified in Section Thirty.One (31) above. In addition, the- method of connection to the private system shall conform to all existing requirements of the City ordinance and the type of meter used shall meet the approval of the Public Utilities Department. SECTION 35 . POWERS AND AUTHORITY OF INSPECTORS. The Building Official, Public Utllilles Department employees and other duly authorized employees of the City, upon proper idenllfication, shall be permitted to enter upon all properties for the purpose of inspections, observation and testing in accordance with the provisions of this ordinance. SECTION 36 - PUBLIC WORKS DIRECTOR. The Public Works Oirector shall assume and discharge the responsibilities imposed by this ordinance. along with such other duties as may be required or assigned to him. SECTION 37. PENALTIES. A. Any person found to be violating any provision of this ordinance shall be served written notice stating the nature of the violation and providing a reasonable lime limit for the satiSfactory correction thereof. The offender shall within the period of time stated in such notice, permanently cease all violations. B. Any person who shall continue any violation beyond the time provided for in the written notice shall be punished under State Law and SUbject to the penalties thereof. C. Any person violating any of the provisions of this ord.inance shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation. SECTION 38. VALIDITY. A. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. B. The invalidity Qr any section, clause. sentence or provision of this ordinance shall not affect the o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 55G AN ORDINANCE REGULATING THE OPERATION OF THE PUBLIC WATER SYSTEM, REQUIRING CERTAIN CONNECTIONS TO BE MADE TO THE PUBLIC WATER SYSTEM, PROVIDING FOR THE ISSURANCE OF PERMITS FOR, AND SUPERVISION OF, ALL CONNECTIONS TO THE PUBLIC WATER SYSTEM PRESCRIBING CERTAIN MATERIALS AND METHOQS TO BE USED FOR SAID CONNECTIONS, PRESCRIBING RATES AND CHARGES FOR THE WATER SERVICE, AND PRESCRIBING FOR THE VIOLATION OF SAME IN THE CITY OF ANDOVER, COUNTY OF ANOKA, STATE OF MINNESOTA. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 55 is hereby amended as follows: Section 37 - Penalties: Any person, firm or corporation who shall violate any provlSlon of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as defined by State Law. Delete in their entirety Subsections A, Band C of Section 37 hereinbefore adopted. Adopted by the City Council of the City of Andover this 15th day of December, 1987. CITY OF ANDOVER By Jerry Windschitl, Mayor ATTEST: By Victoria Volk, City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 19, 1988 AGENDA SECTION NO. Staff, Committee, Commission 5c ITEM Storm Drain standards / NO. r u r a 1 sub d i vis ion ORIGINATING DEPARTMENT Engineering o(i. APPROVED FOR AG~ND~ 8y,.9 v BY: Todd J. Haas , The City Council is requested to approve the Offset Catch Basin Inlet and to include this standard detail plate ~n the City of Andover Standard Specifications for Rural Residential Street Construction. The City Staff has had some concerns with some of the new rural subdivisions (Woodland Meadows, Lunds Evergreen Estates 4th Addition, Goodridge Acres, and Nightingale. Estates 3rd Addition). Some of the disadvantages of the type currently being utilized include erosion, failing bituminous flumes, side slopes exceeding 4:1, deris entering the pipe culverts, lack of vegetation adjacent to pipe inlets and outlets, and the lack of ability to maintain area. The advantage of using this type of structure includes: *Attractiveness to the boulevard areas. *The larger debris ~s filtered prior to entering the manhole and pipe. *The property owners adjacent to inlet area will more likely to maintain the area. *Installation of public utilities (gas, electric, telephone, ect...) will not be difficult *Erosion will not occur *No bituminous flumes to wash out. *Easier and less maintenance to the system. Enclosed ~s an example showing the Offset Catch Basin Inlet and how the storm water is diverted. Also, I will present pictures of a development using this type of structure at the night of the meeting. The City of Ham Lake ~s using this type of Catch Basin and has had very good success. The.approximate cost of casting ;!Ind the precast concrete manhole including installation is $850.00. COUNCIL ACTION c MOTION BY TO SECOND BY o ll/ Il. \9 I;l <( ~ ~ l~~ ~ " o 1 - ~ ;:- $ It \) " ~ ~ i ~ l;j <I- - CL I- ~ III > -I. :::s ~ ~ " :1 l- lL ~ , I- kl oJ ~2 ;;;H '" "" if r ~ 1lI - > ~ < <C. '-./ Cl-. o '3;" IJJ .... ctl \--- ~ <( ><, l\l \U ~ <(. <>I. ~ \ 2 \ I i: \ i dl I I \I}~ --, 0 '" (( cL "'- '" ri ,'ll ';i , ,4 >- "- Oo! ~ <J ".1. "'- ". " ..: .. ,\ ~ ~ '- lu q ~ ~ ~ rllJ - > lLJ -I, I U.I 01 i'L1 CL Q. ~I 'll' ~ . ~ __ -1 . o Note that Top of Curb becomes Top of Face. I Back of Curb twists to be- come Top of Curb Qro.und the Curb Box. Catch Basin Plan Aggregate Base Maintain Elevation of Boule. liard P.1. each side of Catch Basin until it Blends into : No~mal Se,ct:iorl. C. B. Structure. Solid cone. block or Precast concrete. 241x36" inside Bituminous Pavina Poured COncrete or Precast base. Grouted In",ert. Section AA Appvd: J.E.B. OFFSET CATCH BASIN -INLET for Rectangula r Castings ~MSTOCK PlateNo"FileNo: &DAVIS, INC. 408 CONSULTING ENGINEERS & LAND SURVEYORS o Date: AUQ, 1985 Job No: Std. Plates Dwn,By: Q caD Form 28 , .. .~, .. " . .-.. .......,.. ."-- -.~ . . ,_... . o ,./ aA. VAWE Illustrating R-3067 with Type DL grate Heavy Duty Total Weight 530 Pounds Type DL grate shown. Also available with Type DR design. Specify: 1. Grote type os shown DL, or opposite flow direction DR. .' R-3067 Curb Inlet Frame, Grate, Curb Box Appvd: o Date: J.E.B. R-3067 CATCH BASIN CASTING Square, Heavy Duty ~MSTOCK PlateNo"FileNo: &DAVIS,IN'C. ::,:':403 CONSULTING ENGINEERS" LAND SURVEYORS Aug., 1982 Job No: Std. Plates Own.By: Q caD Form 28 - o CITY OF ANDOVER AGENDA SECTION NO. Staff, Committee, REQUEST FOR COUNCIL ACTION January 19, 1988 DATE deftttarV-57-t966 ORIGINATING DEPARTMENT 5d Engineering 1"1~ ITEM NO. MSA Designation BY: Todd J. Haas The City Council is requested to review and approve the proposed MSA (3.59 miles are available for designations.) Proposed designation locations are as follows: 1. 167th Avenue between Ward Lake Drive and Verdin Street NW. Verdin Street from 167th Avenue NW to 168th Lane NW and 168th Lane between Verdin Street NW and Round Lake Boulevard. 2. University Avenue NW from 157th Avenue NW to 166th Avenue NW. 1/2 mileage designation to Andover. 1/2 to Ham Lake. 3. Jay Street in Watt's Garden Acres. 4. Crooked Lake Boulevard from Coon Rapids limits to Bunker Lake Boulevard. Anoka County Highway will likely be llDving their designation to the relocated Crosstown Boulevard. Please bring the City map that was enclosed in your January 5, 1988 packet. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION January 19, 1988 DATE .l3'Mtlery-57-t966 I 5e Administration BY: AGENDA SECTION NO. Staff, Committee, Commission ORIGINATING DEPARTMENT ITEM NO, TKDA'S Contract BY: James E. Schrantz TKDA is requesting the approval of a new Engineering Services Agreement, the previ ous agreement is dated February 19, 1980. Attached is John Davidson's memo and a copy of the agreement. I will be reviewing this with John and Bill Hawkins before the meeting. COUNCIL ACTION MOTION BY TO SECOND BY I) . )~ ~,~DA ~, 10 c..C. 1~/(5Ie7 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 612/292,4400 o December 15, 1987 Honorable Mayor and City Council Andover, Minnesota . ---~__w it>> Et E g IJ E 11 iJ ~r~~';"l-:~;';;"l"J .,..,.'-..".M,',,_.,,__._~,.J C'''I'''' r,,- , ..., J ,-/j" F~i'.JDOVr:p ------~ ,-., Re: Engineering Services Agreement Andover, Minnesota Commission No. 7379-007 ...,\ Dear Mayor and Council: Enclosed for your consideration is an updated basic "Architectural/Engineering Agreement for Professional Services", a modified authorization for "General Municipal Engineering Services" and a "Schedule of Billing Rates". No change has been made since February 19, 1980. The amended form is similar to standard agreement formats recommended by national engineering and architectural groups. The language is also more clearly related to standard general conditions for any construction contracts where the engineer might act as an agent of the City. The Fee Schedule has been adjusted to reflect not only increase in actual . salaries paid to our employees, but also increases in certain overhead costs which have escalated more rapidly in recent years than have salaries. These overhead costs include primarily insurance premiums, payroll taxes and medical insurance. Since our fees relate to actual salaries paid the employee rather than payroll costs, the only adjustment we can make is to modify the billing rate. We will be available to meet with you at your convenience to discusS the agreement with you. We suggest the effective date be January 5, 1988. Sincerely yours, Davidson, P.E. JLD/mha cc: J. Schrantz Administrator ;0 "-- ,0 CITY OF ANDOVER, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duval I, Anderson and Associates, Incorporated 2500 American National Bank Building St. Paul, Minnesota 55101 Comma No. ---------------------------- -----------.------------------------------ Pursuant to our Agreement dated January 5, 1988, you are hereby authorized to proceed with the professional services described as follows: GEMEBAL-MUHlClPAL-ENalMEfBlNG-SEBYlCES Provide general City engineering, architectural or planning assistance on day-to-day matters as requested by the City Councilor designated City representative. Does not Include detailed project planning or design. Attend meetings of the City Councilor other City Committees or Commissions, which are not otherwise chargeable to specific authorizations, as requested by the City Councilor designated City representative. Compensation for the services described above shal I be on an Hourly Rate basis as defined In Article 3 of the Basic Agreement, subject to the fol lowing additional conditions: 1. A representative of TKDA shall attend a maximum of two 3-hour meetings per month for a lump sum of $50.00 each, which amount shal I Include the 3-hour meeting, plus travel time and expense. AI I time spent at the meeting over the 3-hour limit, all meeting preparation time, extra meetings and related expenses shal I be billable on the Hourly Rate basis as defined In Article 3 of the Basic Agreement. 2. Identifiable reproduction costs for miscellaneous plans, maps and other documents In TKDA f II es requested by the Owner shall be a reimbursable expense. - 3. Each Item shal I be listed separately. Approved at a regular meeting of the City Council on January 5, 1988. ----------------------- Attest_________________________________ Clerk Mayor --- ------------------------------------------------------------------------ ---------------------------------------------------------------------------- Consultant acceptance by______________________________, ____________, 19_. Authorized TKDA Representative -1- o '~ o ARCH1IECI=ENG1MEfR-AGREEMEMI Between CITY OF ANDOVER, MINNESOTA and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED for PROFESSIONAL SERVICES THIS AGREEMENT made and entered Into this ____ day of , 19___, by and between THE CITY OF ANDOVER, MINNESOTA, hereinafter referred to as the OWNER, and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED, a corporation with a regular place of business at 2500 American National Bank Building, St. Paul, Minnesota 55101, hereinafter referred to as TKDA. WITNESSElH: That the OWNER and TKDA, for the consideration hereinafter named, agree as follows: ARTICLE 1. GENERAL DESCRIPTION OF WORK TO BE DONE The OWNER agrees to and hereby does retain and employ TKDA and TKDA agrees to perform Architectural, Engineering and/or Planning Services In connection with the OWNER'S responsibilities, al I as described by subsequent "Authorlzatlon(s) for Professional Serv Ices." Engineering and architectural services will, In general, Include studIes and reports, desIgn, preparation of workIng drawings and specifications; construction observations, checking of shop drawings and estimates and recommendations regarding acceptance of work; and other related tasks of a type normally associated with facility planning, design, construction, operation and/or maintenance. Planning services will, In general, Include technical planning, assistance and studies concerned with comprehensive planning, capital Improvement programming, functional planning and similar and related studies. Individual authorizations for such professional services shal I be duly approved by the OWNER; and al I records and documents for services with respect thereto shal I be appropriately referenced to each of, the specific authorizations. -1- ,0 ,0 ARTICLE 2. PERIOD OF SERVICE TKDA Is hereby retained on a continuing basis, subject, however, to termination by either party In accordance with Article 5. A period of service for each authorization shal I be as set forth In the specific "Authorization for Professional Services," as appropriate. ARTICLE 3. COMPENSATION TO TKDA A. Compensation to TKDA for services described In the "Authorlzatlon(s) for Professional Services" shall be on a Lump Sum basis and/or an Hourly Rate basis as designated In each authorization and as hereinafter described. 1. A Lump Sum method of payment for TKDA's services shall apply to al lor parts of a work scope where TKDA's tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy. The OWNER shal I make monthly payments to TKDA within 30 days of date of Invoice based on an estimated percentage of completion of TKDA'S services. ' 2. An Hourly Rate method of payment for TKDA's services shal I apply to al I or parts of a work scope where TKDA's tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estimated with any reasonable degree of accuracy. Under an Hourly Rate method of payment, TKDA shal I be paid for the actual hours worked on an authorization by TKDA technical personnel times an hourly bl I ling rate establIshed for each employee. Hourly bll ling rates shall Incl ude compensation for all sal ary costs, payroll burden, general and administrative overhead and professional fee. A rate schedule shal I be furnished by TKDA to OWNER upon request. In addition to the foregoing, TKDA shall be reimbursed at cost for the following Direct Expenses when. Incurred In the performance of the work: (a) Travel and subsistence. (b) Computer services. (c) Outside professional and technical services with cost defined as the amount bll led TKDA p I us 10%. (d) Identifiable reproduction and reprographlc costs. (e) Overtime premium salaries Including applicable portion of payrol I burden at actual cost. The OWNER shal I make monthly payments to TKDA within 30 days of date of Invoice based on computations made In accordance with the above charges for services provided and expenses Incurred to date, accompanied by supporting evidence as required. -2- o o B. The OWNER will pay the balance stated on the Invoice unless OWNER notifies TKDA In writing of the particular Item that Is alleged to be Incorrect within 15 days from the date of Invoice, In which case, only the disputed Item wll I remain undue until resolved by the parties. AI I accounts unpaid after 30 days from the date of original Invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever Is less. In addition, TKDA may after giving seven days' written notice to the OWNER, suspend services under this Agreement until TKDA has been paid In ful I for al I amounts then due for services, expenses and charges. ARTICLE 4. EXTRA WORK I n the event that a I ump sum or max I mum payment amou nt Is specified In an "Authorization for Professional Services," and TKDA Is of the opinion that any work they have been directed to perform Is beyond the Scope of the authorization, or that the level of effort required constitutes extra work, they shal I promptly notify the OWNER of that fact. Extra work, additional compensation for same, and extension of time for completion shal I be covered by a Supplemental Authorization agreed to In writing by both parties prior to proceeding with any extra work or related expenditures. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement and/or any "Authorization for Professional Services" upon seven days written notice. In addition, the OWNER may at any time, reduce the scope of an "Author Izatl on for Professional Serv Ices". Such reduction In scope of an authorization shal I be set forth In a written notice from the OWNER to TKDA. In the event of unresolved dispute over change In scope or changed conditions, the authorization may then be terminated. In the event of termination of an "Authorization for Professional Services," al I documents finished or unfinished, prepared by TKDA under the authorization shal I be made available by,TKDA to the OWNER pursuant to Article 6, and there shal I be no further obi Igatlon of the OWNER to TKDA under the Authorization, except for payment of amounts due and owing for work performed and expenses Incurred to the date and time of termination, computed In accordance with Article 3. In like manner, If the entire ,Agreement Is terminated, al I remaining documents on file with TKDA shal I also, upon request, be made available to the OWNER pursuant to Article 6 upon receipt of payment of amounts due and owing TKDA for any authorized work. -3- .0 o In the event of a reduction In scope of an "Authorization for Profess I ona I Serv Ices," TKDA shall be pa I d for the work performed and expenses Incurred on the Authorization thus reduced and for any completed and abandoned work for which payment has not been made, computed In accordance with Article 3. Any reduction In the "not to exceed" payment figure shal I be established by a Supplemental Authorization agreed to In writing by both parties. ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of an "Authoriza- tion for Professional Services," TKDA shall make available to the OWNER, upon request, al I maps, tracings, reports, resource materials and other documents pertaining to the work or a Project described In an authorization. All such documents are not Intended or represented to be suitable for reuse by the OWNER or others on extensions of the work or Project or to any other project. Any reuse without written verification or adaptation by TKDA for the specific purpose Intended will be at OWNER'S sole risk and without liability or legal exposure to TKDA. In this regard, the OWNER will Indemnify and hold harmless TKDA from any and all suits or claims of third parties arising out of such reuse, which Is not specifically verified, adapted, or authorized by TKDA. ARTICLE 7. DOaJMENTS FORM I NG THE CONTRACT The contract documents shal I be deemed to Include this Agreement with al I accompanying exhibits a part hereof, and any subsequent "Authorlzatlon(s) for Professional Services" Issued pursuant to the terms of th I s Agreement. ' ARTICLE 8. OWNER'S RESPONSIBILITIES A. To permit TKDA to perform the services required hereunder, the OWNER shal I supply, In proper time and sequence, the fol lowing for each "Authorization for Professional Services," at no expense to TKDA: 1. Prov I de a II necessary' I nformatl on regard I ng Its requirements as necessary for orderly progress of the work. 2. Designate In writing, a person to act as OWNER'S representatives with respect to the service to be rendered under an authorization. Such persons shal I have authority to transmit Instructions, receive Instructions, receive Information, Interpret and define OWNER'S policies with respect to TKDA's serv Ices. -4- o 3. Furnish, as required for performance of TKDA's services <except to the extent provided otherwise In an authorization>, data prepared by or services of others, Including without I Imitation, core borings, problngs and subsurface explorations, hydrographic and geohydrologlc surveys, laboratory tests a~d Inspections of samples, materials and equipment; appropriate professional Interpretations of al I of the foregoing; environmental assessment and Impact statements; property, boundary, easement, rlght-of- way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered In an authorization. 4. Provide access to, and make al I provisions for TKDA to enter upon public or private property as required to perform their work. 5. Act as II a I son with other agenc I es to carry out necessary coordination and negotiations; furnish approval s and permits from all governmental authorities having Jurisdiction over a Project described In an Authorization and such approvals and consents from others as may be necessary for completion of the Project. 6. Examine all reports, sketches, draw Ings, specifications and other documents prepared and presented by TKDA, obtain advice of an attorney, Insurance counselor or others as OWNER deems necessary for such examination and render In writing, decisions pertaining thereto within a reasonable time so as not to delay the services of TKDA. 7. Give prompt written notice to TKDA whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of TKDA's services or any defect In the work of Construction ContractorCs>, Consultants or TKOA. 8. Initiate action, where appropriate, to Identify, remove and/or encapsulate asbestos products or materials located In the area of a Project described In an Authorization prior to accomplishment of any work contemplated under the Project. . o -5- o o 9. Provide such accounting, Independent cost estimating and Insurance counseling services as may be required for the Project described In an Authorization, such legal services as OWNER may require or TKDA may reasonably request with regard to legal Issues pertaining to the Project Including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such Inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 10. Provide "record" drawings and specifications for all existing physical plants or facl I Itles which are pertinent to an authorization. II. Provide other services, materials, or data as may be set forth In an authorization. B. TKDA shall be entitled to rely completeness of Information furnished by the OWNER. Information furnished by the OWNER Is In error or purpose, TKDA shal I promptly notify the OWNER. on the accuracy and If TKDA finds that any Is Inadequate for Its ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by TKDA under an "Authorization for Professional Serv Ices" wll I be made on the basis of TKDA's experience and qualifications and represent TKDA's best judgment as an experienced and qualified design professional. It Is recognized, however, that TKDAdoes not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of TKDA's cost opinions, must of necessity, be speculative untl I completion of construction or acquisition. Accordingly, TKDA does not guarantee that proposals, 'bids or actual costs wll I not substantially vary from opinions, evaluations or studies submitted by TKDA to OWNER under an "Authorization for Professional Serv Ices." -6- o o ARTICLE 10. CONSTRUCTION PHASE SERVICES OWNER acknowledges that It Is customary for the architect or engineer who Is responsible for the preparation and furnishing of Drawings and Specifications and other construction-related documents to be employed to provide professional services during the Bidding and Construction Phases of the Project, (1) to Interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) In connection with acceptance of substitute or or-equal Items of materials and equipment proposed by bidders and Contractor(s), (3) In connection with approval of shop drawings and sample submittals, and (4) as a result of and In response to TKDA's detecting In advance of performance of affected work Inconsistencies or Irregularities In such documentation. OWNER agrees that If TKDA Is not employed to provide such professional services during the Bidding (If the work Is put out for bids) and the Construction Phases of a Project described In an "Authorization for Professional Services," TKDA wll I not be responsible for, and OWNER shal I Indemnify and hold TKDA (and TKDA's professional associates and consultants) harmless from, al I claims, damages, losses and expenses Including attorneys' fees arising out of, or resulting from, any Interpretation, clarification, substitution acceptance, shop drawing or sample approval or modIfication of such documentation Issued or carried out by OWNER or others. Nothing contained In this paragraph shal I be construed to release TKDA (or TKDA's professional associates or consultants) from liability for failure to perform In accordance with professional standards any ~uty or responsibility which TKDA has undertaken or assumed under an "Authorization for Professional Services" and this Agreement. ARTICLE 11. INSURANCE TKDA shal I procure and maintain Insurance for protection from claims against It under workers' compensation acts, claims for damages because of bodily Injury Incl udlng personal Injury, sickness or disease or death of any and al I employees or of any person other than such employees, and from claims against It for damages because of Injury to or destruction of property Including loss of use resulting therefrom. Also, TKDA shall procure and maintain professional liability Insurance for protection from claims arising out of performance of professional services caused by any negligent act, error, or omission for which TKDA Is legally liable. However, TKDA hereby states and the OWNER acknowledges, that TKDA has no professional liability (errors and omissions) or other Insurance, and Is unable to reasonably obtain such Insurance, for claims arising out of the performance or failure to perform professional services, Including but not limited to the preparation of reports, designs, drawings and specifications, related to the Investigation, detection, abatement, replacement, modification, removal or disposal of (1) pollutants or of (2) products, materials or processes containing asbestos. Pollutants herein under (I) above meaning any solid, -7- o o r . liquid, gaseous or thermal Irritant or contaminant, Including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Waste Includes materials to be recycled, reconditioned or reclaimed. Accordingly, the OWNER hereby agrees to bring no claim for negligence, breach of contract, Indemnity or other cause of action against TKDA, Its principals, employees, agents and consultants If such claim In any way arises out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants, or the Investigation of or remedial work related to such pollutants or asbestos In a Project described In an "Authorization for Professional Serv Ices." The OWNER further agrees to defend, Indemn I fy and hold TKDA and Its principals, employees, agents and consultants harmless from any such pollutant or asbestos related claim that may be brought by third parties as a result of the services provided by TKDA pursuant to an "Authorization for Professional Services." Notwithstanding the above, the OWNER shal I not be prohibited from bringing suit against TKDA for Its alleged negligence, breach of contract or other cause of action arising out of Its professional services rendered In connection with the design and construction of potable water systems, storm water systems and sewerage systems Including those receiving Industrial waste pre-treated In accordance with EPA standards nor I s the OW NER req u I red to I ndemn I fy and hold harmless TKDA for claims and suits brought'agalnst It by third parties arising out of such professional services. Certificates of Insurance wll I be provided to the OWNER upon request. ARTICLE 12. ASSIGNMENT This Agreement, being Intended to secure the personal service of the Individuals employed by and through whom TKDA performs work hereunder, shal I not be assigned, sublet or transferred without the written consent of the OWNER. ARTICLE 13. CONTROL LING LAW This Agreement Is to be governed by the laws of the State of Minnesota. ARTICLE 14. NON-DISCRIMINATION TKDA will comply with the provisions of applicable federal, state and local statutes, ordinances and regulations pertaining to human rights and non-discrimination. -8- o o IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF ANDOVER, MINNESOTA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By By Attest By -9- o o TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS-ARCHITECTS-PLANNERS SAINT pAUL, MINNESOTA JANUARY 1, 1988 EXl:UIllLA ,SCl::lEOUJ.f-.OUlLLlNG.-BAIfS . OLEERSmltlELEMELQYEO.-OtLl'iQRK FOR CITLOLANOQ'iEB..._Ml1:iliESQIA ~lf.ll;a:lli2Jl 1981-1988 Range of Houri y B I11I ng Rates. Senior Registered Engineer or Architect Senior Non-Registered Designer Registered Engineer"Architect or Land Surveyor Senior Technician or Drafter Graduate Engineer, Architect or Planner Technician or Drafter $54.00 to $80.00 $45.00 to $73.00 $32.00 to $61.00 $35.00 to $55.00 $23.00 to $48.00 $15.00 to $38.00 Schedu I e 2150 A-I o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 19, 1988 AGENDA SECTION NQ Non-Discussion Item ORIGINATING DEPARTMENT Administration FOR 6a ITEM Approve Auditor's NO. Agreement BY: James E. Schrantz The City Council is requested to approv~ the attached agreement with George M. Hanson Compant P.A. (Gregory Murphy) The 1988 fee for the 1987 audit is proposed not to exceed $10,700.00, a $1,600.00 increase over the cost to do the 1986 audit. attachments COUNCIL ACTION MOTION BY TO SECOND BY J(# GMHCo o GEORGE M. HANSEN COMPANY, P.A. A Professional Corporation a/Certified Public Accountants 70 C', C. /zffY7 Sc.. December 2, 1987 1, ~; i,.J '~Ul ~ ~;I'.''''I'.,\C'''':'''~.'l''''1'9' 87 11 t~.Ij.t.,J ~ r~ if 1 ...:..--.-.-.____.......,............,.."J Mr. James Schrantz, Administrator City of Andover 1685 Crosstown Boulevard Anoka, Minnesota 55303 CITY OF I\NDOVER IJ~Lw{!)1l '!19!y;jJ Dear Jim: Enclosed is our proposal regarding the 1987 audit of the City. The 1987 fee is an increase of $1,600 over the 1986 fee. This increase is due to the greatly increased activity during 1986 and 1987. In our estimate for the 1986 audit I did not fully anticipate the level of activity that occurred. I would like to meet with you and the Mayor to discuss this proposal. Please call me to set up the meeting. Very truly yours, GEORGE M. HANSEN COMPANY, P.A. '~hY JGM: iac Enclosure o 1433 UTICA AVENUE SOUTH, SUITE 175 MINNEAPOLIS. MINNESOTA 5541 6 612/546-2566 o o GMHCo GEORGE M. HANSEN COMPANY, P.A. A Professional Corpora/ion a/Certified Public Accountants December 2, 1987 City Council City of Andover Dear Council Members: This letter will confirm our understanding of the arrangements covering our audit work for the City of Andover, Minnesota for the year en~ing December 31, 1987. We will examined the general purpose financial statements as of and for the year ending December 31, 1987. Our examination will be made in accordance with generally accepted auditing standards and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. The objective of our examination is to express an unqualified opinion on the financial statements, although it is possible that facts or circumstances encountered may require us to express a less than unqualified opinion. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected customers, creditors, legal counsel a~d banks. At the conclusion of our examination, we will request certain written representations from your staff about the financial statements and matters related thereto. The fair presentation of financial position and results of operations in conformity with generally accepted accounting principles is management's responsibility. Management is responsible for the development, implementation and maintenance of an adequate system of internal accounting control and, for the accuracy of the financial statements. Although we may advise you about appropriate accounting principles and their application, the selection and method of application are responsibilities solely of management. Our engagement is subject to the inherent risk that material errors, irregularities or illegal acts, including fraud or defalcations, if they exist, will not be detected. However, we will inform you of any such matters that come to our attention. 1433 UTICA AVENUE SOUTH, SUITE 175 MINNEAPOLIS, MINNESOTA 55416 612/546-2566 o o City Council City of Andover December 2, 1987 Page 2 Fees for our services are based on our regular per diem rates, plus out-of-pocket expenses, all of which will be billed as our work progresses. Our fee for this engagement will not exceed $10,700. Our services include the work necessary for the "Legal Compliance Audit Guide". Should any situation arise that would increase this estimate, we will of course, advise you. Whenever possible, we will attempt to use your personnel. This effort could reduce our time requirements and help you hold down audit fees. During the course of our work, we may observe opportunities for economy in or improved controls over your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing. Please indicate your agreement to these arrangements by signing the attached copy of this letter and returning it to us. We appreciate your confidence in retaining us as your certified public accountants and look forward to working with you and your staff. Very truly yours, GEORGE M. HANSEN COMPANY, P.A. cr-~ /l7~ J. Gregory Murphy JGM:iac Enclosure Approved by: Date City of Andover, Minnesota o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 19, 1988 AGENDA SECTION NQ Non-Discussion Item 6b ORIGINATING DEPARTMENT Engineering 1'$~ APPROVED FOR AGENDA ~ BY: ITEM Order Street Lights NO. By:,Todd,J. Haas The City Council is requested to select the possible locations for the new street lights. SEE CITY MAP IN PACKET. (the existing street lights are shown as green colored, thepr6posed locations are shown as red.) $2,500.00 is budgeted for the new street lighting in 1988. This will allow up to approximatelyJ5 street lights. If the Council wishes to install 15 additional street lights for a total of 30 lights, $2,500.00 will be needed from somewhere else in the 1988 budget. POSSIBLE LOCATIONS FOR NEW STREET LIGHTING IS AS FOLLOWS: 1. County Road 7 and 175th Avenue NW 2. County Road 7 and 159th Avenue NW 3. County Road 7 and 151 s t Avenue NW 4 . County Road 7 and 145th Avenue NW 5 . Valley View Drive (County Road 58) and Tulip S t r e e t NW 6 . Valley View Drive (County Road 58) and Genie Drive 7. Valley View Drive (County Rdad 58) and Dakdta Street NW 8. 157th Avenue NW (County Road 20) and Fox Street NW 9 . 157th Avenue NW (County Road 20) and Silverod Street NW 10. 161 s t Avenue NW and Tulip Street II. Round Lake Boulevard (County Road 9 ) and 174th Lane NW (East) 12. Round Lake Boulevard (County Road 9 ) and 172nd Avenue NW 13. Round Lake Boulevard (County Road 9) and 169th Lane NW 14. Round Lake Boulevard (County Road 9 ) and 149th Lane NW COUNCIL ACTION MOTION BY TO SECOND BY o POSSIBLE LOCATIONS FOR NEW STREET LIGHTING IS AS FOLLOWS CONtT.. 15. Round Lake Boulevard (County Road 9 ) and Jonquil Street NW 16. Round Lake Boulevard (County Road 9) and 141st Lane NW 17. Round Lake Boulevard (County Road 9 ) and 136th Avenue NW 18. Round Lake Boulevard (County Road 9) and 133rd Lane NW 19. Bunker Lake Boulevard ~ounty Road 16) and Quay Street NW 20. Crooked Lake Boulevard and 135th Lane NW 21. Crooked Lake Boulevard and 134th Avenue NW 22. Crosstown Boulevard and Yukon Street, NW 23. Crosstown Boulevard (County Road 18) and 140th Avenue NW 24. Crosstown Boulevard (County Road 18 ) and Osage Street NW 25. Crosstown Boulevard (County Road 18 ) and Nightingale Street NW 26. Crosstown Boulevard (County Road 18 ) and Ward Lake Drive 27. Crosstown Boulevard (County Road 18 ) and Butternut Street NW 28. Verdin Street NW (County Road 59) and 18 1st Avenue NW 29. Verdin Street NW (County Road 59) and 177th Lane NW Q 30. Verdin Street NW (County Road 59) and 174th Lane NW 31. Verdin Street NW (County Road 59) and 166th Avenue NW 32. Hanson Boulevard (County Road 78) and 181 s t Avenue NW (County Road 58) 33. 181 st Avenue NW and Xeon Street NW 34. Prairie Road and 146th Lane NW 35 University Avenue and 146th Lane NW 36. Andover Boulevard (County Road 16 ) and University Avenue o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 19, 1988 BY:James E. Schrantz FOR AGENDA SECTION NO. Non-Discussion Item 6c ORIGINATING DEPARTMENT Administration ITEM Order Condemnation Pro- NO. c e e din g s /8 7 - 1 1 /88 - 1 BY: The City Council is requested to order the condemnation proceeding for the following projects: 87-11 water and sewer to the school site, Winslow Hills, Oak Bluff 2nd Addition, and Colony Estates. ALSO 88-) Crosstown Boulevard (Relocated) street and storm drain construction from Bunker Lake Boulevard to 140th Avenue. COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDING IN EMINENT DOMAIN. WHEREAS, the City Council of the City of Andover has heretofore determined that it is in the interests of the City to construct streets, and public utilities from Bluebird Street <grid) and Coon Creek to Hanson Boulevard and 150th Lane, project 87-11; and WHEREAS, it is necessary to acquire certain easements along the project for construction of streets,and/or utilities. NOW, THEREFORE, BE IT RESOLVED BE THE CITY COUNCIL OF ANDOVER, MINNESOTA AS FOLLOWS: 1. Acquisition by the City of street and/or utility easement over the property described in Exhibit A attached hereto and made a part hereof is necessary for the purpose of construction of street, and utility improvements. 2. The City Attorney is authorized and directed on behalf of the City to acquire street, and utility easements over, across and under the property described in such Exhibit A by exercise of the power of eminent domain pursuant to Minnesota statues, Chapter 117. The Attorney is further authorized to take all actions necessary and desirable to carry out the purpose of this resolution. 3. The project is renamed from 86-22 to 88-1 Crosstown Relocation. MOTION seconded by Councilman and adopted by the City Council at a Regular Meeting this 19th day of January, 1988. with Councilmen voting in favor of the resolution and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor ~ Victoria Volk - City Clerk o o o CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDING IN EMINENT DOMAIN. WHEREAS, the City Council of the City of Andover has heretofore determined that it is in the interests of the city to construct streets, storm drain and public utilities along Crosstown Boulevard relocated from Bunker Lake Boulevard to 140th Avenue for Project 86-22 (Renumbered to 88-1 Crosstown Relocation.); and WHEREAS, it is necessary to acquire certain easements along the project for construction of streets, storm drain, and utilities. NOW, THEREFORE, BE IT RESOLVED BE THE CITY COUNCIL OF ANDOVER, MINNESOTA AS FOLLOWS: 1. Acquisition by the City of a utility easement over the property described in Exhibit A attached hereto and made a part hereof is necessary for the purpose of construction of street, storm drain, and utility improvements. 2. The City Attorney is authorized and directed on behalf of the City to acquire street, storm drain, and utility easements over, across and under the property described in such Exhibit A by exercise of the power of eminent domain pursuant to Minnesota Statues, Chapter 117. The Attorney is further authorized to take all actions necessary and desirable to carry out the purpose of this resolution. 3. The Project is renamed from 86-22 to 88-1 Crosstown Relocation. MOTION seconded by Councilman and adopted by the City Council at a Regular Meeting this 19th day of January, 1988. with Councilmen voting in favor of the resolution and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,lerJ:y Windschitl - Mayor Victoria Volk - City Clerk o o o -j,~ I 0 0 0 ~ GI N or PREPARED BY: r-- TKDA ! f"O'Nff"S ...I\(':Hl1fCTS Pl""'N(AS f--- " -~ -___o.___Lj j, , ,- ____1- CROSSTOWN BLVD. REALIGNMENT PROJECT 88-1 ANDOVER,MINN. TKDA COMM.NO.8894 REQUIRED EASEMENT & RIGHT-OF-WAY LOCATIONS Q)> -iz -<0 0 ::t:0 )>< ,m ,;JJ ~ j m ,)> ~ mz 5:0 '0 Ul< Om 5;JJ 0 , r OJ < 0 JJ 0 m !J> " 0 :x: -J C OJ JJ 0 m 0 m )> en m s: m z -l Qo 11 0 '" ;u ;u '" " " " ^ Z Gl '" '" .- <f> <f> '" ,.; ,.; <f> ,.; N 149th LANE ". '" o o = ~ ^ IJJ .- C " " 148 th AVE, '" ;u " z 147 th AVENUE 146 th LANE "1 ;u r>1 r>1 -< OJ r c '" g;> :lJ o <f> -< Ul o :J: z m "'- )>0 ,m ,;JJ )>' o m o :lJ " ^ '" <f> ,.; ANDOVER 8LVO./ C,S,A,H, 16 :c 0 -l r- 0 I () 0 0 ;JJ ^ [Tl r- II 0 m -i -i 0 I z Z ::t: ;JJ Z )> z 0 fT1 ~ -< ~ r m 5: -i 0 -i )> -i 0 m ::t: Ul m '" CJl Ul r '" i! )> -< 5: ::t: ~ 0 <f> -i -i ~ r ,.; m C ::t: r m CJl -i m r ;JJ r iJ r m )> ;JJ ::j $: () z 0 -< m 0 0 ;:: c... Z )> !<: 0 m s: );! z 0 z < 0 iJ 0 " m -i ;JJ ;JJ 0 co :;n ~ -< < <0 CO '" m '" s: '-l (J) I m ;JJ z .... $: 0 .... m :r z 0 -i 0 (J) r o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 19, 1988 ITEM NO. 7 BY: Vicki Volk APPRO~"V" ,E, FOR AGEN , BY: I ! AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT Administration The City Council is requested to approve the following minutes: December 29, 1987 Special Meeting January 5, 1988 Regular Meeting COUNCIL ACTION MOTION BY TO SECOND BY