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HomeMy WebLinkAbout09/13/1988 TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 13 , 1988 Mayor Dolores Lebens presiding 1] Roll Call at 8:00 P.M. - AFTER THE POLLS CLOSE 2] Public Hearing on adopting an Official Map for T.H. 101 Bridge and Interchange Improvements (Mini Bypass) a] Open public hearing b] Presentation by City Engineer - attached c] Questions and comments from Councilmembers d] Questions from audience e] Close public hearing 3] Adjourn to Tuesday, September 20, 1988 at 7: 00 P.M. John K. Anderson City Administrator MEMO TO: John K. Anderson, City Administrt r FROM: David Hutton, City Engineer RE: Amendment of the City's Thor u fare Plan for the Mini Bypass DATE: September 9, 1988 INTRODUCTION: Attached is the League of Minnesota Cities Information Packet summarizing the formal procedures for designating official maps as outlined in the State Statutes. This memo simply continues the next step in the process of adopting an official map, which is the holding of a public hearing. BACKGROUND.• On July 19, 1988, City Council began the formal procedures for adopting an official map for the Highway 169 Bridge and Minibypass by directing staff to have the Planning Commission amend the City's thoroughfare plan in the Comprehensive Plan. Attached is a copy of John Anderson's memo requesting this action. On August 4, 1988 the Planning Commission passed a motion recommending that the City Council amend the thoroughfare plan to show the minibypass and to adopt an official map to reserve proposed right-of-way. On August 16, 1988 the City Council officially set a public hearing on the adoption of the amendment to the thoroughfare plan and official map for September 13 , 1988 at 8: 00 p.m. in the Council Chambers. That brings the City up to step 4 of the official map proceedings as outlined in the League of Minnesota Cities information. The official map will be available at the public hearing for comments and review. Again, the adoption of an official map is solely for the purposes of protecting needed right-of-way until the project is underway. ALTERNATIVES: 1. Direct City staff to prepare an ordinance adopting the official map. 2. Take no further action on the official map process until all of Council's concerns have been addressed by MN/DOT. RECOMMENDATIONS: Staff recommends Alternative No. 1. Once all public testimony has been received, direct the appropriate City staff to draft an ordinance adopting the official map for the minibypass. ACTION REQUESTED: Direct the appropriate City staff to draft an ordinance specifically for the purpose of adopting an official map for the Hwy 169 Bridge and Minibypass. Hr MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Procedures for Designating Official Maps DATE: July 15 , 1985 In`roduction The Shakopee City Council, at its June 29, 1988 meeting, directed staff to provide it with information regarding the formal procedures for use of official maps as outlined in State Statute and summarized in the League of Minnesota Cities ir.fcrmation summarizing the State Statute. Council also asked for correspondence between the City and the State clarifying the City's financial commitment to the State for the T.H. 169 Bridge and Mini By-Pass Project and for project cost estimates. League of Minnesota Cities Outline of Procedures Attached is the League of Minnesota Cities informational memo li entitled "The Use of Official Maps as a Planning Device - Notes and Forms" dated October, 1977 . City staff along with the Assistant City Attorney net to review the League document and the procedures outlined therein. The procedures are listed on nage two and three and include seven steps. After reviewing the procedures it was determined that rather than passing an ordinance for each such mapping the City should adc= the nroposed ordinance establishing procedures for official mans for this and any future projects. The draft ordinance is found on page six through page nine in the League informational memo. Staff also recommends that the items listed in procedure number seven on page three, items 7a through d, be listed In the standardized ordinance. The staff then determined that to comply with sten number one the Planning Commission needs to amend the present Comprehensive Plan (page 36 and accompanying map) to include the proposed T.H. 169 Bridge and Mini By-Pass Right-of-Way. Step two regarding preparation of the map has been completed in detail and will be provided to the Planning Commission when it considers amending the thoroughfare plan within the Comprehensive Plan. Step three calls for the Planning Commission to approve they finished map by motion or resolution and file the map with the City Council . City staff felt that the option for a Planning Commission public hearing should be foregone to reserve the hearing for City Council rather than conducting two separate public hearings. Planning Commission could act on s_ep n^ber three at there August = t.. meeting. Step four could be accommodated by the City Council , at its August 16th meeting, setting a public hearing for September 6th or September 13th. Step five can be accomplished the night of the hearing or at a subsequent meeting. Step number six can follow step number five after the ordinance is published. Cost Es- +rates Attached is a memorandum dated December 30 , 1986 from Ken Ashfeld outlining the T.H. 169 Bridge and Mini By-Pass project improvements and our partnership with Mn/DOT. Pzae number two cf the memorandum list=_ -he total project costs at $6 , 640, 000. Cf that cost $170, 000 = for initial planning, $1 , 280, 000 is for right-of-way ac=_s_c 2r., $130, 000 is for by-bass design, and $2 , 100, 000 is - _ : -amass construction, rotaliling $3 , 680, 000. ' The difference is f__ _.=.e bridge design and construction. Also attached is correspondence outlining the City' s financial agreement with Mn/DOT. In chronological order is the November 4 , 1985 letter from Bill Crawford outlining the initial Memorandum of Understanding. T- is fcll b.v the April 27 , 1967 le=e- from Bill Crawford res___= _ t-�e '-Revised Memorand,= _- Understanding" . The ieer is dated July 12 , 19SE a__ - is - -ir. _ _z'_1 �d (slanec s__ ___sta-t becapse Mr.� craWiora is on vacac_c , t_ eres—a-= -_ ccnC _-- -_e __tv's - ___ ..., _ _Etat_ --.,at ne Cahas c_ a .. Dart-= f $ _ . 9 :._____-. Construe=-c- C- ci_ , Man Attached __ z ec _f t. `� ...a1 report dated _ ____ 2_ , --92- which was -_e dam c open house - _ f=­ - hearing� fcr re=_.ge is a___..t d by the T.H. - ._ -__c _- _____ By-Pass r_-�.ect. -tee cover page of the ,._..a_ tr--sc-: _� __ �.. of that V ."_ _ _ also attached. -ricr _ _. tt _ _.-c_ _ — affected _rep Owners were indiv_4_ :a==}. ^.c Engineer an As cfeld to discuss the r - „t a_ ­ - 1: potential aboc. /prbems. Also attached is the man outlining the construction boundaries of the proposed project as presented in the final EAW. This map, as undated by HNTB's construction limits map, would be the map staff Proposes the Council adopt for use as the official man for purposes of protecting right-of-way until the project is underway. Alternatives 1- Direct City staff to begin the steps to initial the official mapping process fcr the T.n.. 169 Bridge and Mini By-Pass A improvement right-of-way. This would include returning to Council with a standardized official mapping procedure ordinance based upon the one provided by the League, and setting a Planning Commission meeting to discuss amending the thoroughfare plan portion of the Comp Plan at their August 4th neetinc. This alternative would set a time table to allow the official napping process to proceed in an orderly process so that it can be completed by the time the City is ready to make the final deed transfers for acquisition of the Brambilla property. Carl Hofstedt, our Mn/DDT project representative, recommended adopting the map before the final purchase. 2 . Take no action to start the official napping process until the City receives further commitment from Mn/DOT _ the financing of the T.H. 169 Bridge and Mini By-Pass t - e_t. This alternative can be approved regardless of actio. crt_he Brambiila recuest for buildinc perrit, y- may - . .-_ acquisition would not fall within our $1. 9million n- - ct ca^. Recommendation Staff recommends alternative No. 1 for the reasons discussed about. Action Reouested 1. Direct the City Attorney to draft an ordinance relati^c official maps and their effects in providing procedures __. 4 - connection therewith as outlined in the saroler.._ .,,. .._ _ provided in the October, 1977 publication c_ the vea Minnesota Cities. 2 . Direct staff to prepare the necessary _r.f.,=ation _ planning commission to consider an amendn--- t-- t_ e _ thoroughfare pian in the City's Cor.nrehersiae =Ian at its regular August 4th meeting. JnA/jms HEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner j RE: Amendment of the City's Thoroughfare Plan for the Mini By-Pass DATE: August 9 , 1986 INTRODUCTION At their meeting on August 4 , 1988 the Shakopee Planning Commission passed a notion recommending to the City Council that the City's Thoroughfare Plan be amended to show the realignment of the Hwy. 169 and 101 intersection, bypassing First Avenue from Fuller to Spencer Streets, and adopt an official map to reserve the proposed right-of-way. BACKGROUND: At the July 19, 1988 City Council meeting the City staff provided the Council with materials outlining the official map procedure and recommended proceding with the adoption of an official map for the mini by-pass. Adoption of an official map would designate the proposed right-of-way for the mini by-pass and allow the City to with_^.cld -c_lding permits within that proposed right-of-way. One c' c.- first steps in the official map process is to amend the taorcca_fare plan to conform to the proposed new street alignment. :- - e July 19th meeting the City Council directed the Planning cco=fission t., review the proposed amendment to the thoroughfare plan and -w-sc - recommendation to the Citv Council. The City Plann_-ng_ _-- has also made contact with the staff of the Metropcl_-a- __- -- and has been informed that the Metrcno'_i_a.- _„ -us_ --__rove all Comprehensive Pian amenaments. In discussinc _he p=- realignment of the intersection with Metro Council s-aff , _. =ey indicated that they were familiar with the project and t. -- -heir approval of the Comprehensive Plan amendment would be routine. ALTERNATIVES: The alternatives listed below are designed t0 '.leen the official manning process for this project moving forward so we meet Mn DOT's requirements to insure that any r-o-w purchases we make will fall within our $1. 9 million commitment. 1. Submit the nroposal to the Met Council, direct the City Attorney to draft an ordinance adopting the official map and set a public hearing for September 13th. Mn DOT has stated they expect approval of the EAW in November. Council has also reviewed potential new building permits within the proposed r-o-w. The official mapping process cannot be accomplished on a faster time table, but can be delayed at or after the hearing should such a delay be deemed appropriate. 2 . Delay the official mapping process by scheduling the hearing for later in September or in October. September will be the month Council will be holding budget worksessions. 3 . Drop all the official mapping steps for the TH '169/101 Bridge and interchange improvements until a later date. Staff does not recommend this alternative because steps like submitting the proposed amendment to the Met Council are procedural and Council can still control the process by selecting the best date to make final approval of the Ordinance adopting the official map. PLANNING COMMISSION RECO' HEMDATION• Tae Planning Cor..-:ission at their meeting on August 4 , 1988 passed a motion recommending to tae City Council that the Citvls Thorouahfare Plan be amended to snow the realignment of the Hwv. 169/101 intersection, bv-passing First Avenue from Pcller to Spencer Streets, and adopt an official naD to reserve the Proposed right-of-way. ACTION REQUESTED' 1 . Offer and Dass a motion directing City staff to submit the proposed ConDrehensive Plan anendment for the Thoroughfare Plan to the Metropolitan Council of Governments for their approval. 2. Offer and pass a notion directing the City Attorney to draft the ordinance adopting the official map. 3 . Set a public hearing on the adoption of the amendment to the Thoroughfare Plan and official map ordinance for September 13 , 1988 at 7 P.K. in the City Council Chambers. COMBINED LOCATION/DESIGN HEARING HANDOUT FOR TRUNK HIGHWAYS 101 & 169 S.P. 7009-52 MN. PROJECT No. 6RF005-2 T.H. 101 / 169 MINNESOTA RIVER CROSSING - DOWNTOWN SHAKOPEE APPROACH f, C M.N. RIVER I Y Li i u J31 � LO -T mil =11 'SII 3i1 �! I `OPEN HOL'SE�, INFORMAL MEETING 4:00om — 7:30pm ORMAL"HEARING'Ai 7:3Dpm GG:'u a.— 20, 9S 7. At SCOL: COLS^ % C.c' t House, _Hea inn l.G^ J } J Z uh'I il'f125Dia J7 CD8 _im�Ii G.- B�SGO 2 . v - -- r r ✓ -'�� -7�-, �_ c - R ON PROPOS=O C - .SK_SO:n n:�'ES CROSS: N, I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '_he 3Jove—e^.t ' L:ec zLLeL OP. for _JGJ_ 1C heerlPC e - zhe - Scor Cocacv Courznouse , RD CL. ?_ o - Ravc_ of c.._ .. __v c'_ Seek oJee _ __ _c _n I II league of minnesota cities III' 300 nanove- cueCin?. 490 cepa- .r_san: : ,III IIII L I �l C for municipal officials 430c2.2 Rev: October, 1977 l 1 THE USE OF OFFICIAL MAPS AS A PLANNING DEVICE — NOTES AND FORMS CONTENT T i _ s Page Tne Use of Offlcia! N1,s Let-a" Prorte-- ^'orcer. er.: ":O,Jt100 OTde:; ?-e----- D7, Of O'-JcQa! hi20 JC��ndfl Ce ACo,nng a. _ . . THE LSE OF OFFICIAL MAPS AS A PLANNING DEVICE One of the tools to. carrying out a compre- Though the Minnesota act may be generally hensive p.an is the official map The official map constitutional, it may be m,alid in its impact upon should not be confused with the comprehensive particular property owners It is one thing, for plan or the zoning map. As the term is defined n example, for an official map to prevent the owner the Municipal Planning Act it means an officially of a farm from building a barn within a 60-foot adopted map showmg existing streets, p•oposed strip marked out as a future street on the map future streets and the area needed for w den ng when he could still use that portion of his farm existing streets of the ccty. It may also show the for crops; putting the barn elsewhere would be location of existing and future public land and a ielattvdy m+nor inconvenience. It is another facilities within the crty. (M.S. 462.352,Subd. 10 ) thing when the land marked out as future street includes so much or such a central part of a lot The primary purpose of the official map is to that the owner is not able to build at all In that forestall the construction of buildings and other case, deny ng the owner a permit to build within private improvements on land designated as future the street lines Is unconstitutional. (Roe, Con- streets or the site of future parks o, other public srruction Corporation i l4w Rochelle. 207 facilities. It is designed to save the public expense Misc, 46, 136 N.Y. S. 2d 414, 1954; Re Sanson of paving for buildings placed in such designated Street, 293 Pa, 483, 143 Atl. 134, 1928.) The areas in the future. Adoption of the map does not unconstitutional application of official map create public ownership in the land or give the autho,ity is most likely to occur, of course, where city any easement in the land. It does ensure that it is used to lav out future public areas requiring the land will be acati red at the market value of large amounts of land like parks. See Miller I the land when needed by the city without pay- Beaver Falls, 368 Pa. 189, 82 A 2d 34 (1951), ment for the value of a building erected later where the court held invalid a general plan for within the limits of the area designated for streets parks which had the effect of freezing certain or other public purposes on the map. private land for three years. It is probably for- this orthis resson that in a state like Wisconsin where a Legal Authority study showed that at least 33 cities had official maps, none had used the map for parks or similar The Municipal Planning Act authorizes cities areas, which the lav; explicitly permitted, in add. and urban towns to adopt an official map after ition to streets. See Kuc,rek and Beuscher, "The a major thoroughfare plan and a community Wisconsin Official Map Law", 1957 Wis. Law facilities plan have been adopted (M.S. 462 359.) Ren. 1176 at 1185- There has been no court decision in Minnesota on the validity of the provision, but the attorney To take care of cases of hardship and avoid general has ruled that, with the provisions it invalid application of the official map law, the contains for permits to take care of hardship Minnesota act provides for the granting of vari- cases, the statute tis constitutional. (A.G. Op. antes from map requirements by the board of 59-A) LMC 430C2, April 17, 1958.) While some zoning appeals and adjustments on appeal by an early cases cast doubt on the validity of official aggrieved property owner. The wise administrz- map laws, particularly when they contained no iron of this variance authority can avoid illegal provision for hardship cases, no case in the last 50 actions at the same time as it may minimize the years has invalidated such a statute as it applies citys later costs in acquiring a street easement to streets. See cases cited in the annotation, when opening the street becomes necessary. in "Eminent Domain: Validity of 'Freezing' Ordi- originally proposing an official map law, Bassett Trance or Statute Preventing Prospective Con. and Williams, Model Laws for Punning Cities, demnee from Improving, or Otherwise Changing, Counties and States (VII Harvard Planning Studies, the Condition of His Properev," 36 A.L.R. 3d 1935), suggested, for example, that a landowner 751-810. The courts of both New York and Wis- in an outlying district might be allowed to build tonin have sustained the constitutionality of of- a cellar-less one-story frame building which would ficial map laws with provisions much Rke Minne- be inexpensive to remove when the street was sofa's. (Readley v. City of Rochester, 272 N.Y. later opened. Similarly, a landowner who wished 197, 5 N.E. 2d 198, 1936; State ex rel. Miller v to build a four-story stone building across the Manders, 2 Wis. 2d 365, 86 N.W. 2d 469, 1957.) mapped street might be allowed to construct - 1 - .. ca. . .. Me ma n ed - - -.c=¢ IDC DOard, and the tour; -on g Wo ❑aln ZMZ"c mug "r 1 _ _ d IDE Do , C _. -L._ c to me =nd yr ___ 1 co"- T. 1-z area o: 17:0 SOmfN .a: ` _ _ ._e - - F-oee_'_r_ �A 30-213 ie. .._ c' _ __ - . -07M�M.:s _ .7: _ __ _ _ -c 2_1 mz___ - __ ___ -7=. _.. _,s -. ._tion_- z^- 5 M1- : Toy ._.NA _ - -_ __ _ _ - _-- -- _ _c co C' - _- ; her - - nr mzc, wahou com _ J ,S t r one fo - ne ell, Neu, }Ork, Sum OT for Da.-- :- . - Areers. - -.----- If there zre twe c: _-. : _" ao no: need I in Niro nesocz law c m, ms z o--- - or. inter to D^ pr=pare- z: ..._ w_ which ae - _, has six montn< �. _..r ..-..-� to _ _ _ ... ._n eommews oroceeding5 for zcouu: :- c :-., imd Ine mzo must be oreoare: m %%went o _Tree_. i rr, '—s c'o c zz-._ __: mere detail to permit Rte egaoiisnmen: of me is �. , -W _. __ _ no :_-. ., acousmn lne< on he grouti U _ -' . - _ ncy u- Iaaed areas, a rnmum of z tenierine r` UnT mug be man` O l to 'R _ a,. _--. -,,or.� of the rczl daft c'. me offrcizl�mz� The accuracy of the future acquisition lines (d) The boars of zoning appeals and adjust- shown on the official map must be attested menu or, if there is none, a special to be a registered land surveyor. (M.S. board of appeals created by the ord-- 462.359, Solid. 2). nance may grant a permit unoer the circumstances outlined in M.S. 462 3�9, 3. The planning commission should approve Subd. 4. See the discussion under the finished map by motion or resolution "Enforcement" below. and file the map with the council. The planning commission is not required to The first of these provisions is not specifically in hold a public hearing before adopting the the planning lay. and needs to be included in an map but it may prefer to give notice and ordnance, though the obvious -triplication of toe hold such a hearing. The council may, in statute is that building permits should not be the ordnance establishing the planning issued when any part of the building •s within commission or in an ordinance establishing mapped street lines. The other three provisions official map procedure, require such a are in effect by virtue of the statute without local hearing by the commission. ordinance provisions, but it seems desirable to include them in the ordinance to inform property 4. The council must hold a public hearing owners of the consequences of having any of after at least 10 days' published notice their land placed within the Jim;ts of mapped in the official newspaper, streets or public grounds. 5. After the public nearing, the council adopu Enforcement the official map by ordinance. Adoption must follow the procedure applicable to The building permit device is the principal other ordinances. In statutory cities, the method of securing compliance with official maps. ordinance must be approved by a majority The local zoning ordinance and the state building of all members of the council and published code should make it necessary for the prospective once in the official newspaper. (M.S.412.191, builder to furnish a building plan showing location Subd. 4.) Home rule cities generally are of his property with reference to the nearest subject to similar charter requirements. existing streets and any other public grounds Both the ordinance and map should be proposed on the official map. If the building plan published. discloses that any part of the budding is to be erected within the boundaries of any such street o'. A copy of the mao and the ordinance or public grounds, the application for the building adopting it must be filed with the county permit is men denied. recorder. (M.S. 462.359, Subd. 2, 46236, Subd. 1.) The ordinance and map do not If the permit is denied, the law gives the appll- constitute encumbrances on real property, cant the right of appeal. (M.S. 362.359, Suod. 4.) The appeal is taken to the board of appeals and 7. In the ordinance adopting the official map adjustments or, if there is none, to a special 'board or in a separate ordinance the council should of appeals established for the purpose. The council, provide that: the planning commission, or a committee of the commission may be given this responsibility if (a) No permit will be issued for any strut- aesired. (M.S. 462354, Subd. 2.) Presumably, ture on land located within the mapped when a city adopts an of4fical map, this decision lines of a street (or on land reserved on will already have been made in the zoning ordl- the map for other public uses) as shown nance. The essential steps in the appeal procedure on the official map; are the followmg: (b) No public water, sewer, or other public 1. An appeal petition must be filed w.th the utility or service will be placed in or board by the owner of the land. Presumably along any street unless it is shown the board or the council may adopt reason- on the official map; able regulations specifying the information the appeal should contain. (c) No permit to bold will be issued unless a street giving access to the proposed 2. A hearing should beheld by the board upon building is shown on the official map; notice served on the appellant and published - 3 - 1.71 C" _-__ __. cas . ry_;. _ Is o _ ,_ .- . - -e _--.-.o_ weed - tin . - . _ M. __ _ re.=.. owne• unws __ ._ _. On (01 -2.2-C - .-.c _'rb_= - me CIL, i_ - --_ 1Z ^v C_ —_. thema7 �z:. --_ _. ____- ___. - ISn . :-. ( _-z s W,Mt-ls no z - r no _. c na: 7- 2.= C cornmw C 2 nn �_ _ _, - .___ z -_ C ext _ ____ _ _ _ _ __ - - :. c .._ - �:._> - '—_ _. _ _� . ensive oan ten_ ---_ Mt -.e council hz< no: deumi - __ 70;= _ ._ _ __-ante ewaWmnlns IDE boar- & 272n- _. _ .. nE _—__ ot _ _Jusimenu t-al _s-. are final su,sv v _._ _ LA -e _-._ - .-e n x _ a2n. SAMPLE FORMS FOR USE UNDER OFFICIAL MAP LAW 1. Resolution of Planning Commission Adopted by the Planning Commission of me WHEREAS, the planning commission of the City of on , 19 _. City of has prepared and adopted a major Chairman thoroughfare plan and a community facilities plan, AND WHEREAS, the Minnesota Municipal Secretary Planning Act, Minnesota Statutes, Section 462.359 Comment: provides that after such plans have been adopted The official mao law provides that after the planning agency has adopted a major thorouan- by the commission, the planning commission may fare plan and a community facilities Tian, It may, for the purpose of carrying out the poli. prepare an official map of any part or all of the city cies expressed in those plans, prepare and re- commend to the council a proposed official map showing existing streets and proposed streets and covering the entire municipality or any portion thereof. The form set out above assumes that other public grounds, and the planning commission the official map originates in this way. Instead, some cities have adopted an ordinance like has with the assistance of (title of official Form No. 2 providing for official maps as the first step in the proceedings. If that Procedure or name of consultant) prepared such a plan for is to be followed, the initial map of all or part of the city will not be prepared by the planning (all of the city, part of the city as des- commission on its own initiative. Instead, the first form used followine adoption of the gen- cribed), eral ordinance is iikeiy to be one like Form No. 3 directing the city engineer, the piannino com- NOW THEREFORE BE IT RESOLVED by the mission with such help as is provided, o: some other official to prepare a proposed map and Planning Commission of the City of sating what the map is to include. The map will then likely cover only one or two streets or a 1. The attached map is approved by the Plan- limited area and the official map will eventually be a composite of a series Of specific partial ning Commission of the City of and macs. is recommended to the city council for If Form No. 1 is used and it applies only to one or two streets or an easily defined area, the consideration and adoption pursuant to resolution may be adapted to sate the streets or area covered by the map referred to. Minnesota Statutes, Section 462.359 as the 2. Ordinance Providing for Official Maps (an) official map of the City of Introductory Now 2. The secretary shall forthwith transmit a Although the Municipal Planning Act provides copy of this resolution and the attached for the adoption of official maps by ordinance, it does not require that a city utilizing the proposed official map to the clerk for official map authority adopt an ordinance prescribing procedure for adoption of an official presentation to the council of the city, map and stating its effect Such an ordinance e... -a-z_ ,nen can s sw s.zge ORCn .TING T00= The CI;+ council o Ordains: tnz- is needed for f_._ _._-_._, c_.3i1 to 362.3b. sites nor omen necessa-, __ _. 0'. -z Niap defined. "Official ma-" Public faciiities a^._ services is frenueraly dive.-e- -s used in this ordinance means- a reap adopted to non-public uses wo:ch could ha,- oeen lOcaiec u-: a.orcance w'ltr. :his ordinance snowing exis- on outer lanes with OC: n-a,osIDp or t. z-- - _:: ... _ _. ___ :�_ are; to the owners. Moen this nmoe.^.s. .-Bile __e- ..___e_ for v.'I c.erl- c es!;:!nE .._e:. o` the o; lane may be denied or may be d tained only city. An ofiival Mao May also show the location at prohibitive cos: or a: the expense c` d,slc-a .n= of existin.- ane _, :ure land and racihzies within ine owners an- occu oznt, or the an, Idem`:- the city. An off ical map mzy cower the entire cation on an ef__ al map or land neeoec for a:y Or any poaion of the ciry.` future oubiic uses O rmi-s be:h :he nubiiC and ---. =. Initiation of proceedings. Proceedin¢s private property owners to adjust their building for adoption, amendment, or repeal or an official plans ecu,tably and conveniently before invest- map or any part thereof mzy be initiated by menu are made which will make such adjustment, (1 ) a recommendation of the planning commission.; difficult to accomplish. It is the ourpose of this or ;2) action by the city council on its own cnida. ordinance to provide a uniform orocedure for the -live, recommendation of an advisor), commission, Proper use of official raps zs a..rhorized by the _,_es: of an outside governmental body, or Minneso:a Mur icipal Planning Ac, ASinnesoi- petition of the owners e` or more parcels or 9cner'v.' Sec. 4. Sketch maps and reports. Every proposal mission without a recommendation from the or request for an official map or its amendment commission, the council may call a public hearing or repeal, however initiated, shall be accorri on the proposal. A notice of the time, place, and by a sketch map or plat showing the lands pro- purpose of the hearing and a description of pro- posed to be included and the public purpose to perty to be included in the mapped streets and be served. The council may request a report of public grounds shall be published in the official the city engineer as to the feasibility of any con- newspaper at least ten days prior to the date of struction involved 4 the hearing. At least ten days prior tc the hearing Sec. 6. Reference to planning commission. the clerk shall also mail a copy of the notice Except when proceedings have been initiated by to each owner of land situated within or abutting recommendation of the planning commission, any street or other public ground shown on the every proposed official map or change in a map official map. For purposes of this notice the shall be referred to the planning commission for owners shall be determined by the records of advice and recommendation thereon, and such the county audi for and the notice shall be addressed recommendation shall be submitted to the city to the last known address as shown by the audi- t council within 60 days after reference to the tor's records. Failure to serve any such notice planning commission along with the report of the shall not invalidate the proceedings.6 commission on the effect of the proposal on the Surd. 2. Hearing. At the rime and place speci- comprehensive plan of the city. If no recommends- fied in the notice, the council shall hear evidence tion is received by the council from the planning and arguments concerningthe proposal.The hearing commission within 60 days after reference of the may be continued from time to time not exceed- proposal to the commission by the council, the ing 60 days without further notice. A final vote on council may take such action as it may deem the proposal shall be taken by the council within proper upon the proposal without further action such 60-day period.7 by the planning commission.5 Sec. i. Preparation and filing of maps. The Sec. 6.Noticeand hearing. Subdivision 7. Notice. official map or maps shall be prepared in sufficient Upon receiving the recommendation of the plan. detail to permit the establishment of future ac- ning commission or after 60 days from the sub. quisition lines on the ground. In unplatted areas a r mission of the proposal to the planning com- minimum of a centerline survey shall be made prior to me or. C` :_. a 0' tn' rive :._ . .. - rater-st o P'r. 2 man. Tre o C Cc'w, ide'.t",.P .0' p__ . . -_ eC'.. ...i the tion lines snoK'n on the official man shall De at- a000:ion of ine mar toes auznonae the otc to tested to by z re£isterec land surveyor a'at!Ire su'h mteres: wgjou: ca\ In- compema enzctmen: o` an, ordinance 2dop:w-, an e..!c:2'. lion or built Ings o- s:ru'v res erected in such map of amending or icucaling z previous O.fi C!--: area, wthout a Derm,: or in violation of the man ordicznce, a cert,"lea copy of the o5finalcond:b0nsCn2 erm:: 10 map or section to which tit- ordinance relzies Se:. 5 Appeals. P+h^never a building permit is IOgetn.e' ,.an z.. z:.2_7_- eD^to, _..e ord -..2nce ceraez .,_.>..c'. ,C Cl�inan'E, me oearc Of shall b_ niec wish :he county record^_r.S _ ._ ...1-1 . upon anDeal Sec. €. Effect. Att_r 21 ol-7ici21 map has been wrtr. is Dy :ne oener o.'the lane, enc niter receivin=- adopted and filed, ,he issuance or building permits the advice and recommendations Or the planning by the ury shall c_ subject to the provisions or commission„ g a Dtrnn -, for ouiidmi, in an area alis ordinance. The c shall dem' _ - _- -,ne o'fidzl m- .r a scree, or other ever-v aCPii'2tion for a permit to construe: a _, t_�.,_ __.___c .., a-,, cast :r. tvn 4^. me Ove,.. Dmlc:nS C. __.d,ure Or eXDviv an eX!c,!n£ CL'I'..E I], C. _�J : o..J., and :ne a'£U^enS DrE- O: _:...._ w;zhin anv area dCsi£nai2d on i.._ _2C___ ._ - -nG- :ne entire property of ,Oe O'ficialman for Sti tel or Other Cubli' v -- DL which :^- 2(ea Gt5!£n2teC i0' D'Jbh' Whenever any Street or hignway is videnec or purposes forms - _cant cannot vleld a rta50nable improved Or any new Street is opened, Or any return. to the OK•ner unless SL_n - Derml: Is £(anted, .,.tress in lands c,ner Public purposes is and (c) z a. OF :ne city in zcduired oy :,._ '!t, ,ne city is not reeuirec in preserving int the 0771'121 map and or such proceedings to pap for any building or strut- the comprehensive c -n and ,he interest o`the cure placed ve thou: z permit or in violation o7 proper.), owner in :;me use o7 his property and in conditions of 2 permit within the Timis c, ,he the benefits Of owners-.:D, the gent of such permit mapped street or ousioe Of anv building fine that is recurred by considerations of iusti'e and eeuity. may have been eszbitshed upon the exis:in street Failure oT the o;znnmg commission to repot. on or Kizhi n =_m• area thus identified for public our- the proposal wi:n in 60 -211 after referral Poses. The adoption of an Official map does not OT the matter t0 I: is c--med to De the recom- _ F - mendations and advice of the planning commis- M-vor Sion. The board of appeals and adjustments shall hold a public hearing upon the appeal after notice Clerk of the hearing has been published in the official Footnotes: newspaper once at least ten days before the hearing. 1 Except for the last sentence, this section is substantially the same as the statement of purpose If the board authorizes issuance of a permit, it in M.S.'462359, Subdivision 1. It may be omitted if desired. shall specify the exact location, ground area, 2The definition of official map is taken from the height, and other details as to the extent and statute. If the council wishes to confine the map to streets and not apply it to other potential public character of the building for which the permit is grounds like parks, it may wish to omit the second sentence of the definition. Actual ordinances granted. If the board authorizes issuance of a sometime, include definitions of other terms,such as 'Comprehensive plan", "community faciiities permit, the council or other board or commission plan", and 'capital improvement program", but these are probably not necessary unless other having jurisdiction shall have six months from the provisions are added to the model ordinance making a definition of these terms useful, date of the decision of the board to institute pro- 3This procedure for initiation is not prescribed ceedings to acquire such land or interest therein, by statute but some such section is typically included in local ordinances. Provisions for mitia- and if no such Proceedings are started within tion by petition of owners sometimes require both a minimum number of owners and a minimum that time, the g shall issue the permit number of parcels to be represented by the pe- titioners. if the application otherwise conforms to local - 4This section is not required by statute but ordinances.77 some such provision is usually included in Minne- sota ordinances and seems desirable. Sec. 9. Penalty. Any person violating any pro- SThe statute does not require reference to the vision of this ordinance is guilty of a misdemeanor planning commission but the procedure seems desirable if the planning commission is to perform and upon conviction thereof shall be subject to its proper planning role. It seems consistent with the statutory requirement, embodied in section 9 a fine of not more than $500 or imprisonment for of the ordinance, that the board of appeals and adjustments must secure the recommendations of a term not to exceed 90 days or both, plus, in the planning commission before acting. either case, the costs of prosecution- Each day fThe statute does not require mailed notice to property owners but in view of the effect the map that a violation is permitted to exist constitutes may have upon them,such a notice seems desirable and is usually included in local ordinances. The a separate offense. requirement for published notice is imposed by statute except that the statute does not require the Adopted by the council this day cu notice to describe affected lands (M.S. 462359, Subdtvislon 1). Some ordinances add an option for 19 personally served notice in r lieu of mailing. - 9 - c 6C.-czs c-e.•sinr •� oD; o'd.. -Here s '.c _.,-_ - -. _ -.- -._. _. _ c<._ .. O '.. Ir.. .n( of tnls section are zi .c _ _-m ., ro"ii"or' rc _ - _z;ute (V.S_ 4b_ �S. Su Dm. MC r.zrninr CC- 5 o` officer resDonsiui� .__62nc shoulc me ins rtec here _ .sloes 90r 3. Resolution Ordering Preoaration o Official Nizp RESOLUTION NO. RESOLUTION ORDERING PREPARATION OF NAP FOR FUTURE STREETS OR OTHER PUBLIC USE prepeseo' t rookie .,.r me- us-- upon la..s in The City Dr 25 foliows: within trig CitV .Or 1OtO re 1.2vi- Scree:: Pro DoBe� from the intersections of _,tension Cr "IceninE o. Scree: and .avenue in sVe`S a.._ io; c:-e' D:•niic eye, rtssruing 12nds 2 soutne,1%, direction and terminauns a. as hereinafter se: i,.r pursu2nt to Minnesota a point, etc. Statutes, Sections '- __c thrown ^7132 and Street: Prep^sed Street stamris from Ordinance No. Avenue a_ - poin, etc. THEREFORE PE IT RESO_VED by the Park: Proposed with boundaries ss follows: etc. city council of the Cityo. Mzyo The city engineer (or other 2ppropriate official) is directed to prepare and file with the city council Crerl: rap ;ndicztmg proposed 12yinc out, extending, Comment: improving. o: wideninz_ of streeu or other publi: This fora 2s .,...e_ _.,o -edin=< have been initiated ir. 2_C.,. __r.ct Section 3 of the 10 - model ordinance. The resolution is authority Street: Proposed Street starting from and direction for the city engineer or other designated official to put the specific street Avenue at a point etc. etc. proposal in sufficiently precise form to meet the requirements of the official map statute Park: Proposed with boundariesas follows: etc. and the ordinance and thus provide the basis for the public hearing to be called when the 2. The city clerk is directed to give notice of report is received back from the engineer or other designated official. References to other such hearing by one publication of the notice in public uses should be deleted if only streets are to be proposed, the official newspaper at least ten days before 4. Resolution Calling Hearing on Official Map the hearing date and by mailing a copy of the WHEREAS, a proposed official map of future notice to each owner of land situated within or streets and other public uses has been prepared abutting any street or other public ground shown by the city engineer (planning commission or on the proposed official map. other designated official)of the City of and Mavor recommended to the city council, AND WHEREAS, the council proposes to con- Clerk sider adoption of such official map pursuant to Comment Minnesota Statutes,Section 462959, The published notice provided foristhe minimum required by the planning law. The mailed notice NOW THEREFORE, BE IT RESOLVED by the is that required unaer the model ordinance. It is not required by sate law. This resolution city council of , Minnesota: need not be published in smtutory cities anc in other cities with charters not reouirmg publica. 1, A public hearing will be held by the council tion of resolutions. to consider the proposed attached official map at Some cities may prefer having the planning commission and the council hold a joint hearing a public hearing on 1 9_at_o'clock if the planning commission has not alreadv considered the proposed map. There is no m. in the council chambers of the city hall, statutory requirement for a public hearing except one by the council. The map describes the following proposed future If the proposed offic:ai map covers all or a large streets or other public use of land in the city as part of the city, it will not be feasible to des- cribe particular proposed streets or other public follows: grounds. In that case the resolution should be revised accordingly. If the map includes only Street: Proposed from the intersection of proposed streets, references in the resolution to other public facilities should be omitted. Street and Avenue S. Notice of Hearing in a southerly direction and terminating Minnesota, , 19 at a point etc. I NOTICE IS HEREBY GIVEN that the council r 11 - O` the Cit, O' , V,nne:p:2 wdl Tea I.. resfr'e 21C nelez-1e, TO ac Cj1'C Me 121131 n__!. C_C co,;, ::! ,na-ne" C inc c;v ;al: on v..:M11 in- „cases C. s:ct strec;s and c.:ner 19 _ and conduct 2 oubiic nea,mc to consiae: ouDhc lanes shown on tue reap w,inout comoer• Z p,onosed afirial ma: of proposed stiects and sauoa fo: 2np oud'nc nereafte: erected wand.:' ether Fu'oll: uses ,i-min the Gty Of 2De-rnn or u, vwla,ork of 2 oermr ..,in-r t., The sweets anc otrie: public uses oroposed on tins orni, of any „ z?pec street of ounce o; ;tie m2o a,e as folio', es:_-bushed budding line: i^. 2nd e\IStm[ SIIet: (USC the Same oescrgnuon cont2:neL in -.ne or w:thin 2n, 2­a inos denii5ed ip' o, , ,esolution caliing :he he271..r.`, --The proposed -ac _ c- Inspection at my o7i:t. -.'v _-ers_ be hea•c .viii •eferente iz :tie pre. street, oO,r, public l2ntis o, aaz.l, 5 an opportunity to be heard at nearing. -__ _. -.- --- - _-= -_:Lce: such zs a oeDen Designation o.' such lands as streets or other D_.biic tants 0 . :ifs is rnaC_ .. .. _ .rt, __ _ of IAIlnne'>O_a 62b_ 6_ct On 4_3.5_ an: C-ner snou:c 2'51 DeeC- staiutes to enable the City o now to 6. Ordinance Adopting Oficial Map AN ORDINANCE ADOPTING AN OFFICIAL MAP OF FUTURE ST R-E75 AND !DENT I=PING OTHER LAND FOR PLBLIC USES The Cay council of ordain,_; Section 1. Recital of Facta. After the planning Pursuant to due publishes notice, :ne council held commis-cion had adopted a major thoroughfare a public hewing on sucn proposed official map on Dian and a community "acilives pian, the corn- 19 _ at — o'clock — m. a: mission prepared and submitted to the council whicn time all persons oesiring to be heard were on i9 with its lecommendatioc ghen an oppc^unity :o be heard. io, adoption 2 proposed ofnclal map or the car Sec. 2. Adoption of Mze. Tne m=, _n r pursuant to Minnesez Statutes, Section =c23S9. ''OcfiCial M1',ap of Crsy c" - Coo\' of i- which is hereto attached and made a par[ of , 19 this ordinance by reference, show,ng existing Mayor streets, proposed future streets and the area needed for widening existing streets and the location Clerk of existing and future public lands and facilites Comment: within the city is hereby adopted and designated The •offic-al map, and anv amendment to the map, must be adopted by ordinance and pub- as the Official Map of the portion of the city lished with the ordinance in the same manner as other ordinances. If the ordinance s adoot- shown on the map. The proposed future streets ing a map covering all or a large part of the cuq, the description of particular streets and public and other future public lands and facilities des- grounds should be omitted. If this ordinance proposes an amendment to a more general cribed more particularly on such official map are official map, it may be preferable to recast the ordinance to adopt an amendment to the as follows: existing official map. (Use same description as in resolution calling The law requires a certified copv of the map adopted by the ordinance, toeether with the heating.) adopting ordinance, to be filed with the county recorder. (M.S. 462.359, Subd. 2, 462.36, Sec 3. The city clerk is hereby authorized Subd. L) The latter statute expressly provides and directed to publish this ordinance and that the map aces not constitute an encum- _) map brance on real property, in accordance with law and to irie a certified copy If the map was not proposed and recommended by the planning commission, the recital in of this ordinance and map in the office OF the section 1 should be revised to conform to the facts. The recital is not legally necessary bu: recorder of County. may be useful in showing thzt the necessary requisites to adoption of the official Mao have Adopted by the council of the City of been met- CDw:rmk 4/60 r OCP:glb 10/77 3 -