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020601 Planning AGENDA PLANNING COMMISSION MEETING OF FEBRUARY 6, 2001 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 2. 3. 4. 5. 5.1 6.1 6.2 7. 7.1 8. 8.1 8.2 9. 10. CALL TO ORDER OATH OF OFFICE ROLL CALL CONSENT BUSINESS PUBLIC HEARING Case 00-18 An Ordinance Amending the New Hope City Code Regarding Subdivision and Platting in Conformity with Changes to Minn. Stat. §462.358, City of New Hope, Petitioner COMMI'I-I'EE REPORTS Report of Design & Review Committee Report of Codes & Standards Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Review/Approval of Planning Commission Minutes of October 3, 2000 Review of City Council Minutes of January 8, 2001 ANNOUNCEMENTS ADJOURNMENT Planning Case: Petitioner: Address: Request: PLANNING CASE REPORT City of New Hope Meeting Date: February 6, 2001 Report Date: February 2, 2001 00-18 City of New Hope City-wide Ordinance Amending the New Hope City Code Regarding Subdivision and Platting in Conformity with Changes to Minn. Stat. §462.358 I. Request The City of New Hope is requesting consideration of an Ordinance Amending the New Hope City Code Regarding Subdivision and Platting in Conformity with Changes to Minn. Stat. {}462.358. II, Zoning Code References This request applies to Chapter 13 of the New Hope Code, Subdivision and Platting. A. Background In October 2000, Hennepin County informed the City that they were making three changes to its plat review process. These changes include: 1) Submittal process, schedule, and response time. 2) Additional required plat review information. 3) Demonstration of the City's response to County comments on the plat and dispute resolution. This information was submitted to the City Attorney and Planning Consultant for review and recommendations, and their reports and correspondence are attached to this report. The City needs to make some minor amendments to the current Subdivision and Platting Ordinance to bring it into conformance with Hennepin County requirements and with State Statutes. The Codes & Standards Committee of the Planning Commission routinely reviews new ordinances and ordinance amendments before being submitted to the full Planning Commission for review and approval. However, due to the minor nature of the proposed amendments to this ordinance, the Chair of the Codes & Standards Committee did not feel it was necessary to conduct a Committee meeting prior to the Planning Commission meeting when these amendments would be considered. B. Notification The amendments to this ordinance would be effective on a city-wide basis, so notification to residents within a specific area is not required. Ordinance amendments also do not require a public hearing or published legal notice prior to adoption. The ordinance amendments would be effective after they are approved by the City Council and the ordinance is published. C. Development Analysis Hennepin County made three changes to its plat review process. These changes and staff's findings regarding how they will affect the City's review process are outlined below: Planning Case Report 00-18 Page 1 2/2/01 Do Submittal Schedule The County made three changes to its review schedule. The 30-day review period has been required for some time. However, the County now requires the City to submit preliminary or initial plats to the County within five business days of receiving the plans. The City needs to insure that new plat applications are submitted within this time frame. The City currently submits new plat applications to the County as soon as they are received and so compliance with this requirement is not a problem. Plat submittal to the County is the responsibility of the Community Development Department. Third Parties Second, the County will no longer accept plat applications from third parties. The application and plan materials must come directly from the City. This requirement is also not a problem and the appropriate City staff will submit the necessary documents to the County. Additional Plat Review Information Third, the County made a point to specifically mention that the 30-day review period begins only after the County receives a complete application. Therefore, the City should amend its preliminary plat data requirements to coincide with the County's requirements. The information required by the County is outlined below. 1) A transmittal letter, which includes the city contact person, dates of Planning Commission and City Council meetings, and when a response from the County is needed. 2) A location map of the site relative to the roadways and local streets. 3) A site plan with scaled dimensions authorized by a registered engineer or land surveyor showing: · Date, title, scale, and north arrow. · All existing and proposed property lines. · Lot dimensions, right-of-ways, and easements. · Existing centerline and paved area of the county roadway. · Proposed development building footprint. · Parking lot layout, aisle configuration. · Location of ingress and egress to the proposed platted area including existing and proposed driveway locations. · Location of other nearby driveways, streets, intersections, and access points on the county roadway in the vicinity of the proposed plat. This would include driveways immediately adjacent to or across from the proposed plat. · The outlet for and means of disposal of surface water from the proposed platted area. 4) A written description of the current and proposed use of the property including land use type and specific uses, if known. 5) If the plat is for non-residential uses, include an estimated amount of daily traffic the development is expected to generate. Of this data, the City does not require four of the items. These are listed below and the City should consider adding them to its requirements. · Parking lot layout, aisle configuration. · Location of ingress and egress to the proposed platted area including existing and proposed driveway locations. Planning Case Report 00-18 Page 2 2/2/01 · Location of other nearby driveways, streets, intersections and access points on the county roadway in the vicinity of the proposed plat. This would include driveways immediately adjacent to or across from the proposed plat. · If the plat is for non-residential uses, include an estimated amount of daily traffic the development is expected to generate. Additional Review Information State statutes now requires that preliminary plats include information regarding the location of the right-of-way in relation to the existing roadway and plat property lines. This may or may not have been part of previous plats submitted to the City. This new requirement should be added to the City's requirements. Demonstration of City's Response to County Comments State statute now requires the City to submit to the County a notice of its approval of a plat within ten business days. This notice must include a statement outlining how the County's comments and/or recommendation were addressed. Evidence of this statement must accompany all final plats brought to the County Surveyor for signature. This new condition will require the City to issue a letter to the County regarding the approval of each new plat. In response to these changes and comments, the City Attorney indicates that the City needs to make two changes to Chapter 13 of the New Hope City Code. Specifically, Code Section 13,071(1) needs to be amended to prevent a minor subdivision of property if it abuts a County or State road. This circumstance would require County review even if the City considered it a minor subdivision. Second, Code Section 13.041 must be amended to require authentication by a registered engineer or land surveyor of all preliminary site plans. The site plans must now include information on roadways, right-of-ways, layouts and dimensions, if the platted land will abut a County or State road. Finally, the City needs to implement several changes in procedure relating to review by the County. Specifically, any preliminary plat abutting a County or State road must be submitted to the County within five (5) days after receipt by the City, and after County review the City must implement a notice procedure informing the County as to how its recommendations will be addressed subsequent to its plat review. If the City does not address County recommendations, the new law requires the City to meet with the County and explain the reasons for rejection of the County recommendations. Finally, the City needs to provide a new procedure to indicate the City Clerk's certification and statement that a preliminary plat was submitted to the County Engineer for review. The City Attorney has prepared the attached ordinance amendment to the Subdivision and Platting section of the City Code to address these changes, which is outlined below: Section 1. Section 13.017(1) is hereby amended to read as follows: 13.017 (1) Exception, Procedural Requirements: The following land divisions are exempted from the other procedural requirements of this chapter, unless the land abuts any existing or proposed trunk highway, county road or highway, in which case all other procedural requirements of this chapter must be followed ~. Section 2. Section 13.031(4) of the New Hope City Code is hereby amended to read as follows: 13.041 (4) Review by Other Commissions or Jurisdictions. Where appropriate or as required by law, the City Manager shall file copies of the preliminary plat with other city commissions and/or county and state agencies for their review and comment. Section 3. Section 13.041(5) is hereby added to the New Hope City Code, to read as follows: 13.041 (5) Preliminary Site Plan. If the proposed plat abuts any existing or proposed trunk highway, county road or highway, the Owner or Sub-divider shall have prepared and Planning Case Report 00-18 Page 3 2/2/01 submit, along with the preliminary plat, a preliminary site plan, authenticated by a registered engineer or land surveyor, including and showing the following information: 13.041(5) (a) Date, title, scale, and north arrow. 13.041(5) (b) All existing and proposed property lines. 13.041(5) (c) Lot dimensions and existing and proposed right-of-ways and easements. 13.041(5) (d) Existing centerline and paved area of any county or state roadway. 13.041(5) (e) Proposed development building footprints. 13.041(5) (f) Proposed parking lot layouts, including aisle configuration. 13.041(5)(g) Locations of ingress and egress to the proposed platted area including existing and proposed driveway locations. 13.041(5) (h) Locations of other nearby driveways, street intersections, and access points on the county or state roadway in the vicinity of the proposed plat. This would include driveways immediately adjacent to or across from the proposed plat. 13.041(5) (i) The outlet for and means of disposal of surface waters from the proposed platted area. 13.041(5) (j) The following additional written information: a description of the current and proposed use of the property including land use type and specific uses, if known; and if the plat is for non-residential use, an estimate of the amount of daily traffic the development is expected to generate. F. Summary Recent changes in the state statutes prompted Hennepin County to reexamine the County's existing 30- day plat review process. As a result, the County has made three changes that will affect New Hope's plat review process. Overall, these changes should improve communication between the City and the County and have no real effect on the City's 60-day review process. Nevertheless, the City should amend Section 4, Subdivision A of the Subdivision Ordinance to correspond to Hennepin County's data requirements. IX. Recommendation Staff recommends approval of the proposed ordinance amendment. Attachments: Proposed Ordinance 10/26/00 City Attorney Correspondence, Memorandum and State Statutes 10/24/00 Northwest Consultants Report 10/9/00 Hennepin County Correspondence and Plat/Development Review Process Information Current City Subdivision and Platting Ordinance Planning Case Report 00-18 Page 4 2/2/01 02/02/01 09:16 Ffi. X 7634935193 JENSEN & SONDRALL, PA ~ NEW HOPE CH ORDINANCE NO. 2001-03 ORDINANCE AMENDING TIr~, NEW HOPE CITY CODE REGARDING SUBDMSION AND PLATTING IN CONFORMITY WITH CHANGES TO MINN. STAT. §462.358 The City Council of the City of New Hope ordains: Section 1. Section 13.017 (1) is hereby amended to read as follows: 13.017 (1) Exception, Proc. ea~=.,Requirements: The following [an..d...di~sions are g~,t..,:e...~! ~ ~ ~p._r~ural re.cLt~irements of this ~~ i~:~;; ~ .'::~::'.:~:.5!;:~:'[-;:~:'._:.;![:!:::!~::%!~:.~d::~ :>iJ:2j~, :.':'.- :. *~..~: ~ ~:~:~ i,,~:. ~~.'..~..~[~ ........ :~¢[:.~ .... !.~!~.~.~ .Section 2. follows: Section 13.031 (4) of the New Hope City Code is hereby amended to read as 13.031(4) Review by Other Comm~.qsions or Jurisdiction_*_. Where appropriate ~i~ii~, the City Manager shall file copies of the preliminary'~l-a~ with other city commissions and or county and state agencies for their review and comment. Section 3. follows: Section 13.04I(5) is hereby added to the New Hope City Code, to read as 13.041(5) Prelimina _tV Site Plan. If the proposed plat abuts any existing or proposed tnmk highway, county road or highway, the Owner or Subdivider shall have prepared and submit, along with the preliminary plat, a preliminary site plan, authenticated by a registered engineer or land surveyor, including and showing the following information: 13.041(5) (a) Date, rifle, scale, and north arrow. 13.041 ('5) (b) All existing and proposed property lines. 13.041(5) (0 Lot dimensions and existing and proposed right-of-ways and easements. -1- 02/02/01 09:16 FAX 76349351-~)3 JENSEN & SONDRALL, PA 13.041(s) 13.041 (5) (0 13.041(5) (l) 13.041(5) 13.041(5) (la) 13.041(5) 0) 13.04l(5) (j) Section 4. Effective publication. Existing eenterline and paved area of any county or state roadway. Proposed development building footprints. Proposed parking lot layouts, including aisle configuration. Locations of ingress and egress to the proposed platted areat including existing and proposed driveway locations. Locations of other nearby driveways, street intersections and access points on the county or state roadway in the vicinity of the proposed plat. This would include driveways immediately adjacent to or across from the proposed plat. The outlet for and means of disposal of surface waters from the proposed platted area. The following additional written information: a description of the current and proposed use of the property including land use type and specific uses, if/mom; and if the plat is for non-residential use, an estimate of the mount of daily traffic the development is expected to generate. Date. This Ordinance shall be effective upon its passage and Dated the 12"' day of February, 2001. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk P:'~mu~Cnh ORlim~001 -t/~-ll~livi~ima + P~stting.wpd GORDON L. JENSEN* STEV~ A. SONDRALL MARTIN P. MALECHA WILLIAM C. STR.AIT~ C. ALDEN PEAR~ON~' OF ~OUNSEL LORENS Q. BRYNESTAD *Rea] I~ Law sPeoalis~ Certified By The Minnesota S~ate Bar to~ifi~ A~ N~ JENSEN & SONORALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING. STE. 201 BROOKLYN PARK. MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 · TELEFAX (763) 493-5193 e-mail law~jensen-sondrall.com October 26, 2000 Kirk McDonald Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 554211 Re: Law Changes Relating to Plat Review Process / Your October 17, 2000 Memo Our File No. 99.10011 Dear Kirk: This letter is in response to your October 17, 2000 memo regarding changes to the Hennepin County plat review process caused by a new amendment to Minn. Stat. §462.358(3)(b). Also, we received a letter from Vern Genzlinger, an Assistant Hennepin County Civil Engineer, concerning these changes. Marty reviewed Mr. Genzlinger's letter and the amendments to Minn. Stat. §462.358. Please find attached to this letter a copy of his October 25, 2000 memo concerning the changes and the Minnesota Session Laws setting forth the actual amendments to §462.358. Marty concludes in his memo we need to make two changes to Chapter 13 of the New Hope City Code. Specifically, Code Section 13.071(1) needs to be amended to prevent a minor subdivision of property if it abuts a County or State road. As Marty's memo points out, this circumstance would require County review even if we considered it a minor subdivision. Second, Code Section t3.041 must be amended to require authentication by a registered engineer or land surveyor of all preliminary site plans. The site plans must now include information on roadways, rights-of-way, layouts and dimensions, if the platted land will abut a County or State road. Finally, we need to implement several changes in procedure relating to review by the County. Specifically, any preliminary plat abutting a County or State road must be submitted to the County within five (5) days after receipt by the City, and after County review we must implement a notice procedure informing the County as to how its recommendations will be addressed subsequent to its plat review. If we do not address County recommendations, the new law requires us to meet with the County and explain our reasons for rejection oflthe County recommendations. Finally, we need to provide a new procedure to indicate the City Clerk's certification and statement that a preliminary plat was submitted to the County Engineer for review. October 26, 2000 Page 2 I will open up a file relative to the City Code changes and provide you with an Ordinance amendment concerning Sections 13.071 and 13.041 for adoption by the Council. Please contact me if you would like to discuss these issues further or have any questions or other comments regarding the content of this letter or Marty's October 25, 2000 memo. Very truly yours, Stev~en"'~. Sondrall JENSEN & SONDRALL, P.A. Enclosures cc: Daniel J. Donahue Marty Maleeha CNFII0011-07-McDonald Ltr.wpd TO: SAS FROM: MPM b~'\ RE: New Platting Requirements Our File No. 99.10,000 DATE: October 25, 2000 Minn. Stat. §462.358 was recently amended by the addition of several new requirements (copy of Session Laws attached). These include the following: The subdivision review process was extended to all plats that include land which abuts upon any existing or proposed truck highway, county road or highway, or county state- aid highway. Comment: I interpret this to mean that all plats, including those which otherwise might be considered minor subdivisions by the City Code, will need to go through this process if the land to be platted abuts a county or state road. Any plat abutting a county or state road is to be presented to the City, and then the City has five days to submit the plat to the County engineer. The County Engineer will review the plat only with respect to issues of importance to the County. The County Engineer then has 30 days after receiving the plat to make written comments to the City. Cities are prohibited from approving a preliminary plat until the City either receives comments from the County Engineer, or the Engineer's 30 day review period expires with no comments being issued. Then, within 10 days after the City approves the preliminary plat, the City has to submit to the County Board notice of the approval, along with statement of how the City addressed the Engineers comments or recommendations. If the City does not make changes to accommodate the Engineer's recommendations, the City needs to meet with the County to discuss the differences. This meeting between the County and the City does not extend the 120 day final approval deadline, and also does not prevent the City from approving the final plat. Comment: The five day requirement for submitting to the County Engineer is new, but should be easy enough to incorporate into existing City procedures. The County Engineer's 30 day time period to respond should be short enough to not cause any delays in the regular City platting procedure. The City will need to also modify its procedures so as to notify the County, within 10 days of the preliminary plat approval, of how the County Engineer's concerns were addressed. The meeting with the County, if some recommendations were not adopted, appears to be a formality. It has no real effect on anything, and does not prevent final approval of the plat by the City. Preliminary site plans are now required as part of a preliminary plat involving county or state roads. The site plan must be authenticated by a registered engineer or land surveyor, and show the existing or proposed state or county road, and all existing and proposed rights-of-way, easements, general lot layouts, and lot dimensions. Comment: This is new. The preliminary site plan must be authenticated by a registered engineer or a surveyor, also a heightened requirement. The Citv Code should be amended to include this as a new requirement for all preliminary plats, so that the City can avoid the situation of an applicant claiming a complete application under City Code, when in fact the application is lacking the authenticated preliminary site plan and is thus incomplete. 4. At the time the plat is filed, the City must file a certificate or other evidence showing the preliminary plat was submitted to the County Engineer and the commissioner. Comment: Current law required this with respect to submitting it to the commissioner, now submission to the County Engineer needs to be added to the certificate. I also spoke with Vern Genzlinger, the Assistant County Administrator, and author of the letter to Dan. He says the County is mainly concerned with entrance/exit issues from the roadways onto the platted property, and also sufficient right-of-way. He says the County is paying a lot for right-of-way that could be obtained in the development process, and the County will be requiring right-of-way dedication for county projects expected within the next two years of the plat review. Conclusion and Recommendation The City should do the following: 1. Amend Code {}13.071(1) so that minor subdivisions are not allowed if the property to be platted abuts a county or state road. Amend Code {}13.041 by adding a new Section (5) to add the requirement of an authenticated preliminary site plan (with the required information on roadways, rights- of-way, and layouts and dimensions) if the platted land abuts a county or state road. 3. Change City procedures so that any preliminary plat abutting a county or state road is submitted to the County within five days of the City receiving it. Change City procedure so that someone notifies the County Board of the preliminary plat approval, including a statement of how the County Engineer's recommendations were addressed. If the City did not follow a recommendation of the County Engineer. City staff will need to meet with the County to discuss why, and what can or should be done about the issue. Change City procedure so that the Clerk's certification that accompanies a plat for filing is expanded to include a statement that the preliminary plat was also submitted to the County Engineer. repro\word docs\cnh\platting amdmts memo to SAS Minnesota Session Laws 2000, Chapter 497 Page 1 ,of 3 Minnesota Session Laws Minnesota Session Laws - 2000 Key: language. *~,,., '-^,.,,. ,.,,.,,..,.,.,...,.,...-'-'~'~a ,,~',,, lan~uage~ Chanae laneuaae enhancement display._. Le_oislative histo~' and Authors CHAPTER 497-S.F.No. 702 An act relating to transportation; authorizing county review of plats on real property that is bordering existing or proposed county highways; authorizing dispute resolution between city and county; amending Minnesota Statutes 1998, sections 462.358, subdivision' 3b; and 505.03, subdivision 2; Minnesota Statutes 1999 Supplement, section 505.08, subdivision 3. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1998, section 462.358, subdivision 3b, is amended to read: Subd. 3b. [REVIEW PROCEDURES.] The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. Subdivisions includinq lands abutting upon any existinq or proposed trunk hiqhway, county road or hiqhway, or county state-aid hichway shall also be subject to review. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the decision of the governing body of the municipality unless otherwise provided by law or charter. The regulations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by law or charter. The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. A subdivision application shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review period has been agreed to by the applicant. When a division or subdivision to which the regulations of the municipality do not apply is presented to the city, the clerk of the municipality shall within ten days certify that the subdivision regulations of the municipality do not apply to the particular division. If the municipality or the responsible agency of the municipality fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the municipality shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by http://wxvw.revisor.leg.state.mn.us/slaws/2000/c497.html 10/24/00 · Minnesota Session Laws 2000, Chapter 497 Page 2 of 3 the municipality, and upon sudh ~equest the municipality shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the municipality fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved, and upon demand the municipality shall execute a certificate to that effect. After final approval a subdivision may be filed or recorded. Sec. 2. Minnesota Statutes 1998, section 505.03, subdivision 2, is amended to read: Subd. 2. [PEELIMI~AEY PLAT APPROVAL; ROAD REVIEW.] (a) Any proposed preliminary plat in a city, town, or county, which includes lands' abutting upon any existing or established trunk highway or proposed highway which has been designated by a centerline order filed in the office of the county recorder shall first be presented by the citv, town, or county to the commissioner of transportation for written comments and recommendations. Whoro an)' pra!iminary plat includar land abutting upon an al:latins or cstab!ichod county or count)' stato aid high%:ay, it shall first bo submitted to thc county c..glnccr for writton car_moats and rocc~r~cnJa5ionr. Preliminary plats i__n a city or town involving both a trunk highway and a highway under county jurisdiction shall be submitted by the city or town to the county highway engineer as provided in paragraphs (b) and (c) and to the commissioner of transportation and tho county hi~kway cng!noes. Plats shall be submitted by the city, town, or county to the commissioner of transportation for review at least 30 days prior to the home rule charter or statutory city, town or county taking final action on the preliminary plat. The commissioner of transportation andros tk~ ~ounty highway ~~~..= ...... .... shall submit the written comments and recommendations to the city, town, or county within 30 days after receipt by thom the commissioner of such a plat. Final action on such plat by the city, town, or county shall not be taken until after these required comments and recommendations have been received or until the 30Eday period has elapsed. (b) Any proposed preliminary plat or initial plat filinG that includes land located in a city or town bordering an existing or proposed county road, highway, or county state-aid hichway that is designated on a map or county highway plan filed in the office of the county recorder or registrar of titles, muss be submitted bV the city or town to the county encineer within five business days after receipt by the city or town of the preliminary plat or initial plat fi!inq for written comment.c and recommendations. The county encineer's review shall bo limited to factors of county significance in conformance with adopted county Guidelines developed throuch a public hearin~ cz a comprehensive ptanninq process with comment by the cities and towns. The ~uidelines must provide for development and redevelopment scenarios, allow for variances, and reflec% considera=ion of city or town adopted cuideiines. (c) Within 30 days after county receipt from the city cz town of the preliminary plat or initial plat filing, the county engineer shall provide to the city or town written co,meats stating whether the pla5 meets county ~uidelines and describin~l any modifications necessary to bring the plat into conformity with the county ~uideiines. No city or town may approve .~ preliminary plat until it has received the county enqineer':~ written comments and recommendations or until the county engineer's comment period has expired, whichever occurs first. hnp://~xvv~'.revisor, leg.state.mn.us/slaws/2000/c497.html 10/24/00 Minnesota Session La~vs 2000, Chapter 497 Within ten business days following a city's or town's approval of a preliminary D!at, the city or town shall submit to the county board notice of its approval, alonc with a statement addressinq the disoosition of any written comments or recommendations made bv the county engineer. In the event the city or town does not amend the plat to conform to the recommendations made by the county engineer, representatives from the county and city or town shall meet tc discuss the differences and determine whether chances to the plat are appropriate prior to final aoDroval. This recuirement shall ncu extend the time deadlines for preliminary or final approval as reguired under this section, section 15.99 or 462.358, or any other law, nor shall this recuirement prohibit final approval as required by this section. (d) A legible preliminary drawing or print of a proposed preliminary plat shall be acceptable for purposes of review by the commissioner of transportation or the county highway engineer. To such drawing or print there shall be attached a written statement describing; (1) the outlet for and means of disposal of surface waters from the proposed platted area, (2) the land use designation or zoning category of the proposed platted area, (3) the locations of ingress and egress to the proposed platted area, and (4) a preliminary site plan for the proposed platted area, if zr.z has be~n ~rs~arcd with dimensions to scale, authenticated by a registered enqineer or land surveyor, showinq the existinc or proposed state highway, county road, or county hiqhway and all existin~ and proposed riqhts-of-way, easements, ceneral lot layouts, and lot dimensions. Failure to obtain the written comments and recommendations of the commissioner of transportation or the county highway engineer shall in no manner affect the title to the lands included in the plat or the platting of said lands. cartificato or othzr c-.'i~_nr~ shall bc rtquir_~_~ ts er upon th~ r^~irtrar of ~it!cr ar tu ~ht submissis.-, cf or thc ob ........ = cf suck ::ritto.-. ccr.r~cntc an! rtrz.-.~.cndatic.-.r. Thc hcmc ru!o cortifioato or 0thor c:-id~_nr~_ ts thc county rsrcrdor c-. registrar of titlzs. A city, town, or county shall file with the plat, in the office of the county recorder or registrar of titles, a certificate or other evidence showinq submission of the preliminary plat to the commissioner or county hiqhway enqineer in compliance with this subdivision. Sec. 3. Minnesota Statutes 1999 Supplement, section 505.08, subdivision 3, is amended to read: Subd. 3. [PREMATURE REFERENCE TO PLAT; FORFEITURE.] Any person who shall dispose of~ o_!r lease, ~rc__~r=~ t~ salt any land included in a plat by reference to the plat before the same is recorded, shall forfeit to the county $100 for each lot, or part of a lot, so disposed of~ o__r leased, sr iffcrnd; and any official, land surveyor, or person whose duty it is to comply with any of the provisions of this chapter, shall forfeit not less than $t00 for each month during which compliance is delayed. Ail forfeitures under this chapter shall be recovered in an action brought in the name of the county. Notwithstanding any provisions of this subdivision to the contrary, this subdivision shall not apply to an offer to sell or lease a unit in a proposed common interes~ community as defined in chapter 515B. Presented to the governor May 19, 2000 Signed by the governor May 30, 2000, 2:05 p.m. Page.3 of 3 http ://w~s,w.revisor. leg.state.mn.us/slaws/2 000/c 4 9 7.html 10/24/00 Citatior~tTitle MSA § 462.358, Procedure for plan effectuation; subdivision regulations *70726 M.S.A. § 462.358 MINNESOTA STATUTES ANNOTATED LOCAL GOVERNMENT POLICE POWERS CHAPTER 462. HOUSING, REDEVELOPMENT, PLANNING, ZONING MUNICIPAL PLANNING Page 1 Current through End of 1999 Reg. Sess. 462.358. Procedure for plan effectuation; subdivision regulations Subdivision 1. Repealed by Laws 1980, c. 566, § 35. Subd. la. Authority. To protect and promote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development of land, to preserve agricultural lands, to promote the availability of housing affordable to persons and families of ali income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions. The regulations may contain varied provisions respecting, and be made applicable only to, certain classes or kinds of subdivisions. The regulations shall be uniform for each class or kind of subdivision. A municipality may by resolution extend the application of its subdivision regulations to unincorporated territory located within two miles of its limits in any direction but not in a town which has adopted subdivision regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the subdivision of land equal distance from its boundaries within this area. Subd. 2. Repealed by Laws 1980, c. 566, § 35. Subd. 2a. Terms of regulations. The standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall require that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance, and may require consistency with other official controls and the comprehensive plan. The regulations may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent with the comprehensive plan and the purposes of this section, particularly the preservation of agricultural lands. The regulations ma>' prohibit, restrict or control development for the purpose of protecting and assuring access to direct sunlight for solar energy systems. The regulations may prohibit, restrict, or control surface, above surface, or subsurface development for the purpose of protecting subsurface areas for existing or potential mined under~ound space development pursuant to sections 469.135 to 469.141, and access thereto. The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or parcels for which required subdivision approval has not been obtained. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 462.358, Procedure for plan effecmation; subdivision regulations Page 2 *70727 The regulations may permit the municipality to condition its approval on the construction and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the municipalit3' of a cash deposit, certified check, irrevocable letter of credit, or bond in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor. The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and equitable remedies. Subd. 2b. Dedication. The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. In addition, the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. Subd. 3. Repealed by Laws 1980, c. 566, {} 35. Subd. 3a. Platting. The regulations may require that any subdivision creating parcels, tracts, or lots, shall be platted. The regulations shall require that ali subdivisions which create five or more lots or parcels which are 2-1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. Subd. 3b. Review procedures. The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final revie~v and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the decision of the governing body of the municipality unless otherwise provided by law or charter. The regulations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless, otherwise provided by law or charter. The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. A subdivision application shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 462.358, Procedure for plan effectuation; subdivision regulations ~ ~'" "'~" ' Page 3 compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the revie~v period has been agreed to by the applicant. When a division or subdivision to which the regulations of the municipality do not apply is 'presented to the ciD', the clerk of the municipality shall within ten days certify that the subdivision regulations of the municipality do not apply to the particular division. *70728 If the municipality or the responsible agency of the municipalits.' fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the municipality shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the municipality, and upon such request the municipality shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary. approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the municipality fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved, and upon demand the municipality shall execute a certificate to that effect. After final approval a subdivision may be filed or recorded. Subd. 3c. Effect of subdivision approval. For one year following preliminaD' approval and for two years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it determines to be reasonable and appropriate. Subd. 4. Repealed by Laws 1982, c. 415, § 3, eff. March 16, 1982. Subd. 4a. Disclosure by seller; buyer's action for damages. A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a subdivision to which adopted municipal subdivision regulations apply, shall attach to the instrument of conveyance either: (a) recordable certification by the clerk of the municipality that the subdivision regulations do not apply, or that the subdivision has been approved by the governing body, or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the governing body of the municipality in this case because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the regulations; or (b) a statement which names and identifies the location of the appropriate municipal offices and advises the grantee that municipal subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, nonapplicability, or waiver from the municipality. In any action commenced by a buyer of such a parcel against the seller thereof, the misrepresentation of or the failure to disclose material facts in accordance with this subdivision shall be grounds for damages. If the buyer establishes a right to damages, a district court hearing the matter may in its discretion also award to the buyer an amount sufficient to pay all or any part of the costs incurred in maintaining the action, including reasonable attorney fees, and an amount for punitive damages not exceeding five per centum of the purchase price of the land. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 462.358, Procedure for plan effecmation; subdivision regulations Page 4 *70729 Subd. 4b. Restrictions on filing and recording conveyances. In a municipality in which subdivision regulations are in force and have been filed or recorded as provided in this section, no conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conveyance if the land described: (1) was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter, or (2) was the subject of a written agreement to convey entered into prior to such time, (3) was a separate parcel of not less than 2-1/2 acres in area and 150 feet in ~vidth on January I, 1966, or (4) was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980, or (5) is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or (6) is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the municipality a penalty of not less than $100 for each lot or parcel so conveyed. A municipality may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. Subd. 5. Permits. Except as otherwise provided by this section all electric and gas distribution lines or piping, roadways, curbs, walks and other similar improvements shall be constructed only on a street, alley, or other public way or easement which is designated on an approved plat, or properly indicated on the official map of the municipality, or which has otherwise been approved by the governing body. When a municipality has adopted an official map, no permit for the erection of any building shall be issued unless the building is to be located upon a parcel of land abutting on a street or highway which has been designated upon an approved plat or on the official map or which has been otherwise approved by the governing body, and unless the buildings conform to the established building line. This limitation on issuing permits shall not apply to planned developments approved by the governing body pursuant to its zoning ordinance. No permit shall be issued for the construction of a building on any lot or parcel conveyed in violation of the provisions of this section. *70730 Subd. 6. Variances. Subdivision regulations may provide for a procedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 462.358, Procedure for plan effecmation; subdivision regulations Page 5 Subj. 7. Vacation. The governing body of a municipality may vacate any publicly owned utilit3' easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve", Subd. 8. Plat approval under other laws. Nothing in this section is to be construed as a limitation on the authority of municipalities which have not adopted subdivision regulations to approve plats under any other provision of law. Subd. 9. Unplatted parcels. Subdivision regulations adopted by municipalities may apply to parcels which are taken from existing parcels of record by metes and bounds descriptions, and the governing body or building authority may deny the issuance of permits or approvals, building permits issued under sections 16B.59 to 16B.75, or other permits or approvals to any parcels so divided, pending compliance with subdivision regulations. Subd. 10. Limitations. Nothing in this section shall be construed to require a municipality to regulate subdivisions or to regulate all subdivisions which it is authorized to regulate by this section. CREDIT(S) 1991 Main Volume Laws 1965, c. 670, 3~ 8, elf Jan. 1, 1966. Amended by Laws 1971, c. 842, I[ 1, eft June 5, 1971; Laws 1973, c. 67, 3~ 1; Laws 1973, c. 176, 3~ 1; Laws 1975, c. 98, ~ 1; Laws 1976, c. 181, 3~ 2: Laws 1978, c. 786, ~ 16, 17, eft April 6, 1978; Laws 1980, c. 560, ff 6: Laws 1980, c. 566, 3~ 25 to 33; Laws 1981, c. 85, ~ 7, eff May 5, 1981; Laws 1982, c. 415, ff 2, elf March 16, 1982; Lmvs 1982, c. 507, 3~ 23, eft March 23, 1982: Laws 1985, c. 194, 3~ 24; Laws 1986, c. 444: Laws 1989, c. 196, ~ 1; Laws 1989, c. 200, ~ 1; Laws 1989, c. 209, art. 2, ff 1. 2000 Electronic Update Amended by' Laws 1995, c. 254, art. 1, 3~ 90, eft. June 2, 1995; Laws 1995, c. 254, art. 3, 3~3~ 6, 7. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 2000 Electronic Update ! 995 Legislation Copyright (c) West Group 2000 No claim to original U,S, Govt. works 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com PLANNING REPORT TO: Kirk McDonald FROM: Jason Lindahl / Alan Brixius DATE: October 24, 2000 RE: Hennepin County Plat Review Process Changes FILE: 131.00 - 00.07 BACKGROUND Recently, Hennepin County informed the City that they were making three changes to their plat review process. These changes include: Submittal process, schedule, and response time. Additional required plat review information. Demonstration of the City's response to county comments on the plat and dispute resolution. This memo will review each of these changes and analyze howthey could affect the City's review process. ANALYSIS As mentioned above, Hennepin County made three changes to their plat review process. These changes and staffs findings regarding how they will affect the City's review process are outlines below. Submittal Schedule The county made three changes to their review schedule. Their 30-day review period has been required for some time. However, the county now requires the City to submit preliminary or initial plats to the county within five business days of receiving the plans. This will cause the City to designate a staff person to insure that new plat applications are submitted within this time frame. Second, the county will no longer accept plat applications from third parties. The application and plan materials must come directly from the City. As mentioned above, this will require the City to designate a staff person to deliver the new plat application and plan material to the county. Staff should be trained as to when and to whom to submit these plans to at Hennepin County. Third, the county made a point to specifically mention that the 30-day review period begins only after the county receives a complete application. Therefore, the City should amend their preliminary plat data requirements to coincide with the county's requirements. The information required by the county is outlined below. A transmittal letter which includes the city contact person, dates of Planning Commission and City Council meetings, and when a response from the coUnty is needed. location map of the site relative to the roadways and local streets A site plan with scaled dimensions authorized by a registered engineer or land surveyor showing: Date, title, scale, and north arrow All existing and proposed property lines · Lot dimensions, rights-of-way, & easements · Existing centerline and paved area of the county roadway · Proposed development building footprint · Parking lot layout, aisle configuration · Location of ingress and egress to the proposed platted area including existing and proposed driveway locations · Location of other nearby driveways, streets intersections and access points on the county roadway in the vicinity of the proposed plat. This would include driveways immediately adjacent to or across from the proposed plat · The outlet for and means of disposal of surface water from the proposed platted area. A written description of the current and proposed use of the property including land use type and specific uses if known. If the plat is for non-residential uses, include an estimated amount of daily traffic the development is expected to generate Of this data, the City does not require four of the items. These are listed below and the City should consider adding them to their requirements. Parking lot layout, aisle configuration Location of ingress and egress to the proposed platted area including existing and proposed driveway locations Location of other nearby driveways, streets intersections and access points on the county roadway in the vicinity of the proposed plat. This would include driveways immediately adjacent to or across from the proposed plat If the plat is for non-residential uses, include an estimated amount of daily traffic the development is expected to generate Additional Review Information State statutes now requires that preliminary plats include information regarding the location of the right-of-way in relation to the existing roadway and plat property lines. This may or may not have been part of previous plats submitted to the City. This new requirement should be added to the City's requirements. Demonstration of City' Response to County Comments State statute now requires the City to submit to the county a notice of its approval of a plat within ten business days. This notice must include a statement outlining how the county's comments and / or recommendation ware addressed. Evidence of this statement must accompany all final plats brought to the County Surveyor for signature. This new condition will require the City to issue a letter to the county regarding the approval of each new plat. The City should designate a staff person for this task and train them as to when and to whom this letter should be issued. Summary and Recommendation Recent changes in the state statutes prompted Hennepin County to reexamine the County's existing 30-day plat review process. As a result, the county has made three changes that will affect New Hope's plat review process. Overall, these changes should improve communication between the City and the county and have no real effect on the City's 60-day review process. Nevertheless, the City should amend Section 4, Subdivision A of the Subdivision Ordinance to correspond to Hennepin County's data requirements and designate a staff person to perform these new tasks and train them as to when and to whom they should deliver this new information. Henner . Oo . ,gnty Mr. Daniel Donahue City Manager City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 October 9, 2000 Dear Mr. Donahue: Recent changes in the state statutes governing plat reviews (MS 462.358) have prompted Hennepin County to re- examine the county plat review process. As we did this, it became apparent that information about the county guidelines and procedures and the changes to the statutes would be helpful to cities and developers who regularly submit plats to us. Many of the statute changes are aimed at improving communication and cooperation between cities and counties so that the objectives of both agencies can be accommodated. New areas that the statutes now address: · Submittal process, schedules, and response times · Additional plat review information required · Demonstration of the city's response to county comments on the plat and dispute resoluti°n Submittal Schedules The 30-day review period has been a requirement for some time, however the new wording states, "Any proposed preliminary plat or initial plat filing .... must be submitted by the city or town to the county engineer within.fiVe business days after receipt by the city or town .... " Submission by the city is important to ensure completeness of the submission, provide consistency in the process, and to assure good communication. For this reason, for all plat reviews, the county will no longer accept plat submissions from third parties - the submissions must come from the city directly. It should be noted that the 30-day review period only starts when the county receives a complete submittal. As part of the plat review process, the Transportation Planning Division will be implementing a confn'mation system that informs the city that the submittal was received and if any vital information is missing. Note: Prior to a formal submittal, county staff will continue to examine concept layouts or preliminary site plans. As in the past, cities, developers, consultants or property owners can submit this type of draft information. The benefit of an early review is that many issues can be identified and possibly resolved prior to the formal plat review process (often. speeding up any subsequent reviews). The Hennepin County Transportation Deparmaent has a plat review committee that meets every Tuesday to consider plats, concept site plans and access requests. The county goal is to respond to the city dining the week following the review by the plat committee. If extended discussion is required with city staff or developers, or special analysis must be performed, the full allowable 30-day review period may be required. We realize that city staff must be responsive to schedules that include Planning Commission and City Council meetings and they also are under deadlines mandated by state statutes. Transportation Department 1600 Prairie Drive Medina, MN 55340-5421 (763) 745-7500 FAX: (763) 4784000 TDD: (763) 478-4030 Recycled Paper ira-. ~amci ~onanue October 9, 2000 Page 2 Additional Review Information Statutes now require that preliminary plat submittals need to include information regarding the location of the roadway with respect to the existing road right-of-way and plat property lines. This is an important addition since a number of our past reviews have found that the assumption that the county roadway is centered in the road right-of-way is not always the case. The attached informational brochure contains a checklist for plat submissions to the county. Demonstration of City's Response to County Comments The statutes nov,' stipulate that the city must submit to the county a notice of its approval of the plat, within ten business days, along with a statement addressing the disposition of the comments and recommendations made in the county's plat review letter. This is important to maintain communication so the county knows the outcomes of its comments. Evidence of the city's response will be required as part of the review process, and this evidence must accompany any final plats that are brought to the County Surveyor for signature. The County Surveyor's office may have to delay the recording process for a final plat if this · documentation is notprovided~ Please examine the timeline and the attached plat review process included within the attached brochure. We have included extra copies of the brochures for your use for distribution to developers, consultants, and property owners who may have questions regarding the county's review process. We would appreciate it if you would also circulate this information among your engineering and planning staff members. If you have any comments or questions, please call the staff members in our Transportation Planning Division; Tom Johnson (763) 745-7630 or Bob Byers (763) 745-7633. Tom and Bob are willing to discuss any of these items with you or with your staff. We hope this information assists in future reviews, and we look forward to working with you. ~tor, Public Works and County Engineer Attachment - County Plat Review Process Brochures c: Jim Grube - Director, Transportation Department Bonestroo, Rosene, & Andeflik -'Mark Hansen ~ Information on the Hennepin County Plat / Development Review Process September 2000 Hennepin_C..9._unty 'l~ 'The Goal of this Brochure i This brochure was developed to clarify how the ,county plat review process works, who is responsible for submittals to the cmmty, and what type of response schedule can be anticipated. Minnesota State Statutes MS 505.02, 505.03 and 462.358 stipulate that cities need to submit plats to the county. These statutes also specify what items of information must be submitted and what time schedules apply. I 'l Who Should Submit Plats ? For formal plat reviews, the county does not accept plat submissions from third parties - the subntissions must come front the city directly. City submission is important to ensure completeness of the submission, provide consistency in the process, and to assure good comnmnication. Prior to a formal submitlal, county staff is very willing to examine concept layouts, prelinfinary site plans, or sketch plans. Cities, developers, project consultants, or property owners can submit this type of draft information. The benefit of an early review is that many issues can be identified and possibly resolved prior to the formal plat review process (often speeding up all subsequent reviews). [ Where are Plats Submitted ? I, Plats shouhl be submitted to: ltennepin County Transportation Planning Division 1600 Prairie Drive Medina, MN 55340-5421 Questions or comments can be directed to: Dave Zetterstrom, Permits Coordinator (763) 745-7643 Bob Byers, P.E., Senior Transportation Planner (763) 745-7633 Pete Tulkki, County Surveyor's Office (612) 348-3131 Plat Submittal Checklist To be complete, plat submittals to the county should include a transmittal letter and two (2) sets of legible plans that include the following information: L] The transmittal letter should include the city contact person, the dates of upconfing city actions such as Planning Commission or City Council meetings, and when a response is needed from the county. o Pt location map of the site relative to area roadways and local streets. o A site plan map with scaled dimensions authenticated by a registered engineer or land surveyor showing: · Date, title, scale, and north arrow · All existing and proposed property lines · Lot dimensions, right-of-ways, & easements · Existing centerline and paved area of the county roadway (which is not always centered in the right-of-way) · Proposed development building footprints · Parkinglot layouts, aisle configuration · Locations of ingress and egress to the proposed platted area including existing and proposed driveway locations. · Locations of other nearby driveways, street intersections and access points on the county roadway in the vicinity of the proposed plat. This would include driveways immediately adjacent to or across from the proposed plat. · The outlet for and means of disposal of surface waters fi'om the proposed platted area c~ A written description of the current and proposed use of the property including land use type (commercial, industrial, residential, etc.) and specific uses (discount store, convenience center, etc.) if known. rn If the plat is for non-residential uses, include an estimate of the amount of daily traffic the development is expected to generate. Review Process Schedule The statutes provide the county up to 30 calendar days for review after receipt of the plat. This 30-day review period only starts when the comity receives a complete plat submittal. As part of the review process, the county xvill confirm the receipt of the plat with the city and .provide notification if any vital information is missing. Cities must submit a plat to the county witMn 5 bushtess days after it is received by the city. There are other time points xvithin the review process that govern the review schedule (see below). ' ' ~ ' ; Prallmlna~ plat Submitted to City. 'E~si;,,," 'i ...... i - i ~ ! .. { .... ' .... : ~ :Preliminary plat Submit by Cty to Coun : * ! ] ' ' ~ iPrellmlnaryplatRecelve~lbyCounty i! ~'i ~' ' ' i ..... iv.,.~. !' '! i ! h": "L-I! ~ ' I ;PlatRevlewCommffiee$2 D.t~ ~ · .... ~(i~needed) ..... =" . ~ , ..~_ .~. · ....... [ .... : ..... ~ .~2.~,~ ; ~ ~ ': ............... · I .... },. [ .C! '..; .[.:'.'.'.2:': .~.'.: .... i , i ' ~ =' .... I , .... ; :. : Cl~Co~n5 tak,~gnOpplat.. _ i'/ '-; .................... ; ................... ; ............ ~ d~p~S~Hon ~fcommentsto v -~' . ' .Cou~urv~yor cheeks'If Coun~ ~ . .c~m~.e~~[*~Ponse ~as submiRed . ~Coun~ Surveyor approve~ FIRol P H~w are Plats Evaluated ? County staffevaluates proposed plats for a number items that affect county roadways. Some examples review items include; Safety Issues · Confommnce with entering sight distance guideli · Unusual weaving & merging maneuver conflict., · Turn lane / auxiliar5, lane needs Access Management · Proposed driveway and street entrance complian with county access spacing guidelines · Oppommities for access reorientation and / or consolidation · Driveway design, throat lengths Right-of- }}'ay Needs · Anticipated future roadway section · Right-of-way needs for ttma lanes / auxiliary lane · Other needs (pedestrian / bike accommodations) Operational Elements · Intersection capacity analysis · Turn lane / auxiliary lane design configurations · Traffic control needs · Potential on-site circulation impacts ? Pedestrian and Bicycle Accommodations · Is roadway designated as part of a city bike plan o the County Bicycle System Plan ? Miscellaneous Items · Drainage needs (road and / or site ?). Any encroachments within roadway right-of-way ? · Proposed grading impacts 13.00 SUBDMSION AND PLATTING 13.01 PURPOSE AND GENERAL. 13.011 Purpose. It is the purpose of this chapter to make certain regulations and requirements for the subdivision and platting of land within the City of New Hope pursuant to the authority contained in Minnesota Statutes 462.358, which regulations the City Council deems necessary for the health, safety and general welfare of this community. It is also the purpose of this chapter to safeguard the best interests of the City of New Hope and to assist the subdivider in harmonizing his interests with those of the City at large. 13.012 13.013 Scope. The provisions of this chapter relate to any division of a tract of land into two or more parcels by platting, replatting, conveyance, registered land survey, or other means. Approvals Necessary for Subdivision Plats. Before any plat shall be recorded or be of any validity, it shall be referred to the City p)anning Commission and approved by the City Council of New Hope as having fulfilled the requirements of this chapter. 13.014 13.015 Conditions for Recording. No plat of any subdivision shall be entitled to record in the Hennepin County Recorders Office or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed in this chapter. Building Permits. No building permits will be considered for issuance by the City of New Hope for the construction of any building, structure or improvement to the land or to any lot in a subdivision as defined herein, until all requirements of this chapter have been fully complied with. 13.016 Conflict. Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations or resolutions, or provisions of the City Code, the highest standards shall apply. ................................................. (Code 072684) 13.017 Exceptions: Lot Consolidation., Minor Subdivision. 13.017 (1) Exception, Procedural Requirements: The following land divisions are exempted from the procedural requirements of this section. 13.017(1) (a) Land divisions which are part of a recorded plat, if the division is to permit the adding of a parcel of land to an abutting lot or the combination of recorded platted lots to form no more than two (2) lots. Newly created lots shall conform to the design and performance standards of the New Hope Subdivision and Zoning Code. 13.017(1) (b) Simple division of a single lot which is part of a recorded plat to create no more than two (2) lots provided the newly created property line will not cause the remaining portion of the lot or any structure thereon to be in violation with the New Hope Zoning and Subdivision Code. To qualify, the parcel of land shall not have been part of a minor subdivision within the last five (5) years. 13.017(1) (e) Requests to divide a base lot of a two family dwelling or a quadraminium which is part of a recorded plat if the division will permit individual private ownership of a single dwelling unit within such a structure, provided the 13 - 1 072684 newly created property lines will not cause any of the unit lots or structure to be in violation of the New Hope Zoning and Subdivision Code. 13.017 (2) Information Requirements. The following information shall be submitted along with the application for lot consolidation or minor subdivision. I3.017(2)(a) Survey Certificate. Certificate of survey prepared by a registered land surveyor which includes: 13.017(2)(a) (i) Original and proposed lot boundaries. 13.017(2)(a) (ii) Location of existing structures on the site. 13.017(2)(a) (iii) Original and proposed legal description. 13.017(2) (b) Property Description and Submission Information. The date and supportive information detailing the proposed subdivision shall be the same as required for a major subdivision as described in Section 13.04 of this Code. Exception, as stipulated in writing, may be granted by the City Manager. The City Manager may require additional information deemed necessary in the review of the proposed subdivision. 13.017(2)(c) Design Standards. The subdivision shall conform to all the design standards as specified in Section 13.05 of this Code. Any proposed deviation from said standards shall require the processing of a variance request. 13.01.7 O) Application, Processing and Recording. 1.3.017(3) (a) Application. Upon receipt of a subdivision application, required information and fees, the City Manager or his designated representative, shall have ten (10) business days to decide if the application is exempt pursuant to the exemptions of 13.017 (1)(a) through (c) of this Code. 13.017(3) {b) Processing. If the requested land division is in full conformance with the performance standards of the New Hope Zoning and Subdivision Code the City Manager shall approve the subdivision. 13.017(3) (e) Recording. The applicant shall be notified of the lot consolidation or minor subdivision approval in writing. Said document of approval shall be submitted with the certificate of survey to the Hennepin County Recorder. ...................................... (Ord. 89-17) 13.02 RULES AND DEFINITIONS. 13.021 Rules. For the purpose of this chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; and the word shall is m~ndatol'y and not discretionary. 13.022 Definitions. For the purpose of this chapter, certain words and terms are hereby defined as follows: 13.022 (1) Alley. Alley is a public right-of-way which affords a secondary means of access to abutting property. 13 - 2 072684 13.022 (2) 13.022 (3) Block. Block is an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake. Boulevard. Boulevard is the portion of the street right-of-way between the curb line and the property line. 13.022 (4) 13.022 (5) 13.022 (6) City. City is the City of New Hope. City Council. City Council is the governing body of the City of New Hope. Comprehensive Plan. Comprehensive plan refers to the group of maps, charts and texts that make up the Comprehensive long-range plan of the City. 13.022 (7) 13.022 (8) 13.022 (9) 13.022 (10) DesiRn Standards. Design standards are the specifications to land owners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, lY~inimRm or maximum dimensions of such items as fights- of-way, blocks, easements and lots. Easement. Easement is a grant by a property owner for the use of a strip of land for the purpose of constructing and ~naint~ining drives, utilities, including, but not limited to, sanitary sewers, water ~nain.% electric lines, telephone lines, storm sewer or storm drainage ways and gas lines. Final Plat. Final plat is a drawing or map of a subdivision, meeting all of the requirements of the City and in such form as required by Hennepin County for the purpose of recording. Lot. Lot is a portion of a subdivision or other parcel of land intended for building development or for transfer of ownership. ........................................... (Code 072684) 13.022 (11) Outlot. Outlot is a lot remnant or parcel of land left over after platting, which is intended as open space or other future use for which no building permit may be issued. ................................... (Code 072684, Ord. 89-16) 13.022 (12) Owner. Owner includes the plural as well as the singular, and where appropriate shall include a natural person, partnership, firm association, public or quasi-public corporation, private corporation, or a combination of them. 13.022 (13) Parks and Playgrounds. Parks and playgrounds are public land and open spaces in the City of New Hope dedicated or reserved for recreation purposes. 13.022 (14) Percentage of Grade. Percentage of Grade, on street center line, means the distance vertically (up or down) from the horizontal in feet and tenths of a foot for each one hundred feet of horizontal distance. 13.022 (15) Pedestrian Way. Pedestrian way is a public right-of-way or private easement across a block to provide access for pedestrians and which may be used for the installation of utility lines. 13.022 (16) Plannine Commission. Planning Commission is the Planning Commission of the City of New Hope. 13 - 3 072684 13.022 (17) 13.022 (18) 13.022 (19) 13.022 (20) 13.022 (21) 13.022 (22) 13.022 (23) 13.022 (24) 13.022 (25) 13.022 (26) 13.022 (27) 13.022 (28) 13.022 (29) ~. Prel~ plat is a tentative drawing or map of a proposed subdivision meeting requirements herein enumerated. Protective Covenant. Protective covenants are conu'acts entered into between private parties and constitute a restriction of the use of all private property within a subdivision generally intended for the benefit of the property owners and for providing mutual protection against undesirable aspects of development which would tend to impair stability of values. Setback Line. Setback line is a line within a lot designated on the preliminary plat between which, and the adjacent street, the erection of an enclosed structure or portion thereof is prohibited. Street. Street is a public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, or boulevard. Streets - Principal Arterial. Principal arterial streets are those highways used for high volumes of traffic, and serving as the major links between the major sub-areas of the region. Streets - Minor Arterial. Minor arterial streets are those used primarily for heavy traffic, and serving as thoroughfares between the major subdistricts of the community. Streets - Collector. Collector streets are those that carry traffic from minor streets to the major system of arterials, including the principal entrance streets of residential districts. Street - Minor. Minor streets are those which are used primarily for access to abutting properties. Street - Marginal Access (Service Road). Marginal access (service road) streets are minor streets which are parallel and adjacent to thoroughfares and highways, and which provide access to abutting properties and protection from through traffic. Street - Cul-de-sac. Cul-de-sac street is a minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. Street Width. Street width is the shortest distance between lines of lots delineating the streets right-of-way. Subdivider. Subdivider is a developer, and is any individual, finn, association, syndicate, co-pannership, corporation, trust or other legal entity having sufficient pwprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. Subdivision. Subdivision is a described tract of land which is to be or has been divided imo two or more lots or parcels, for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term includes resubdivision and, where it is appropriate to the context, relates either to the process of subdividing or to the land subdivided. ............................................. (Ord. 77-5) IB - 4 072684 13.022 (30) Subdivision Bond. Subdivision bond is security approved by the City to assure the City that improvements and utilities will be actually constructed and installed in accordance with City specifications and requirements, as expressed in a contract and by this Code and City regulations. Such security may be by cash deposit, savings account or certificate of deposit assigned to the City, by letter of credit, corporate surety bond or other bond with surety and conditions satisfactory to the City. ........................................ (Ord. 77-5, 78-17) 13 - 5 072G84 13.03 PROCEDURE. 13.031 13.031 (1) 13.031 (2) Filing. Ten copies of the preliminary plat shall be submitted to the City Clerk. The required filing fee as prescribed in Chapter 14 shall be paid and any necessary applications for variances from the provisions of this chapter shall be submitted with the required fee before the proposed plat shall be considered officially submitted. The proposed plat shall be placed on the agenda of the first Planning Commission meeting after ten days from the date of being officially submitted. The plat shall be considered officially submitted when all of the information requirements are complied with. Hearing. The City Clerk shall set a public hearing for the next regular meeting of the planning Commission. The planning Commission shall conduct the hearing, and report its findings and make recommendations to the City Council. Notice of said hearing shall be published in the official newspaper at least ten days prior to the hearing and written notification of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within three hundred fifty feet of the boundary of the property in question. 13.031 O) Technical Assistance Reports. After the public hearing has been set, the City Manager shall instruct the staff to prepare teetmieal reports, (where appropriate) and provide general assistance in preparing a recommendation on the action to the City Council. 13.031(4) Review by Other Commissions or Jurisdictions. Where appropriate, the City Manager shall file copies of the preliminary plat with other city commi.qsions and or county and state agencies for their review and comment. 13.031 (5) Report to Council. The planning Commission shall make a recommendation to the City Council within thirty days following the close of the public hearing. 13.031 (6) City Council Action. 13.031(6) (a) Time Limitations. If all requirements of this chapter and as additionally imposed by the Planning Commi.qsion are complied with, the Council shall act upon the preliminary plat within one hundred twenty days of the date on which it was officially submitted. If the recommendation of the Planning Commission has not been received in time to meet the requirement, the Council may act on the preliminary plat without such recommendation. 13.031(6) (b) Preliminary Plat. If a preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this chapter, to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare and convenience of the City of New Hope. 13.031 (6) (c) Time Limit on Preliminary Approval. If the preliminary plat is approved by the City Council, the subdivider must submit the final plat within one hundred days after said approval, or approval of the preliminaxy plat shall be 15 - 6 072684 considered void, unless a written request for a time extension is approved by the City Council. 13.032 Final Plat. After the preliminary plat has been approved, the final plat shall be submitted for approval as follows: 13.032 (1) Approval of the Planning Commission. Copies of the final plat shall be submitted to the Planning Commission for their review and recommendation, unless this requirement is waived by the Planning Commission during their review of the preliminary plat. 13.032 (2) Approval of the City Council. Twelve copies of the final plat shall be fried with the City Clerk for distribution to the City Council, appropriate City Staff, telephone, power and gas companies at least twenty days prior to a Council meeting at which consideration is requested. During the said twenty days, the City staff shall examine the final plat and prepare a recommendation tO be submitted to the Planning Commission and to the City Council. Nature of approval, disapproval, or any delay in decision of the final plat will be conveyed to the subdivider within ten days after the meeting of the City Council at which such plat was considered. In case the plat is disapproved, the subdivider shall be notified in writing of the reason for such action and what requirements shall be necessary to meet the approval of the Council, if accepted, by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the City Council. 13.032 O) Filing of Final Plat. If the final plat is approved by the City Council, the subdivider shall record it with the Heunepin County Recorder within one hundred days after said approval or approval of the final plat shall be considered void. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. No building permits shall be issued for construction of any structure on any lot in said plat until the City has received evidence of the plat being recorded by Hennepin County. 13.032 (4) Copies of Filed Plat and Revised Topographic Map to City. Within thirty days after approval by the City Council of the final plat, subdivider shall submit to the City Clerk twelve copies of the final plat as filed, drawn on substantial paper, at a scale of not less than one inch equals one hundred feet, together with revised copies of the City tOpography map pertaining to the platted area, certified by a registered engineer or surveyor to be a correct representation of the platted area in accordance with the new design grades and elevations. 13-7 0~6~ 13.04 DATA REQUIRED FOR pRELIMINARY AND FINAL PLATS. 13.041 ~- The Owner or Subdivider shall prepare and submit a preliminary plat, together with any necessary supplementary information. The preliminary plat shall contain the following information: 13.041 (1) 13.041(1) (a) 13.041(1) (b) 13.041(1) (c) 13.041(1) (d) General Provisions. ~. Proposed name of subdivision; names shall not duplicate or closely resemble names of e~isting subdivisions within Hennepin County. Location of Boundary Lines. Location ofboundary lines in relation to known section, quarter section or quarter- quarter section lines comprising a legal description of the property. Names and Addresses. Names and addresses of the owner, developer and the designer or surveyor making the plat. Scale. Scale (and bar scale) of plat, not less than one inch to one hundred feet. 13.041(1) (e) Da N~. Date of preparation and northpoint. 13.041 (2) Existing 13.041(2) (a) 13.041(2) (b) Conditions. Boundary Line. Boundary line of proposed subdivision, clearly indicated. Zoning Classifications. Existing zoning classifications for and within and abutting the subdivision. 13.041(2) (c) Acreage and Dimensions. A general statement on the approximate total acreage and dimensions of the lots. 13.041(2) (d) Previously Platted Streets, Other Details. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and conditions of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within three hundred and fifty feet beyond the uaet. 13.041(2) (e) Sewer, Water Main and Other Details. Location and size of existing sewers, water m~in.% ctaverts or other underground facilities within the tract and to a distance of three hundred and fifty feet beyond the tract. Such data as grades, invert elevations, and locations of catch basins, manholes and hydrants shall also be shown. 13.041(2) (f) Adjoinin~ Land. Boundary lines of adjoining unsubdivided or subdivided land, within three hundred and fifty feet, identified by name and ownership, including all configuons land owned or controlled by the subdivider. 13.041(2) (g) Topographic Drain. Topographic data, as shown on the City topographic map. Water cottraes, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. The City topographic map shall be used, and shall be furnished by 13 - 8 072684 the City to the subdivider at the subdivider's cost. Topographic maps shall include all areas within three hundred and fifty feet of the tract. 15.041 O) ~$.041($) ia) Proposed Design Features. Street Layout. Layout of proposed streets showing the fight-of-way widths, centerline gradients, typical cross sections, and proposed names of streets. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. 13.041 (3) Alleys, Pedestrian Ways, Easements. Locations and widths of proposed alleys and pedestrian ways and utlility easements. 13.041(3) (e) Improvements and Storm Water Runof-[ Typical cross-sections of proposed improvements upon streets and alleys, together with an indication of the proposed storm water runoff, showing drainage from other areas that contribute storm waters to proposed plats. 13.041(3) (d) Street and Alley Centefline Gradients. Approximate center line gradients of proposed streets and alleys, and adjoining streets, if any. 13.041(3) {e) Sewer Lines and Water Main.q. Locations and size of proposed sewer lines and water main.q. 13.041(3) (f) Lots and Blocks. Layout, numbers and pre 'inninary dimensions of lots and blocks. 13.041(3) (g) Building Setback Lines. Minimum front and side street building setback lines. 13.041(3) (h) Setback on Curved Lot. When lots are located on a curve, the width of the lot at the building setback line. 13.041(3) (i) Other Dedicated Areas. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. 13.041(3) Water Supply. Water mains shall be provided to serve the subdivision by extension of an existing community system. Service connections shall be stubbed into the property line when feasible and all necessary fire hydrants shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the standards of the City of New Hope. 13.041(3) (k) Sewage Disposal. Sanitary sewer maim and service connections shall be installed to serve all the lots in the subdivision and shall be connected to the public system. 13.041(3) O) Surface Water. Provision for surface water disposal, drainage, and flood control. 13-9 0~6~ SupplemenuuW Information. The following supplementary information requirements shall be complied with where they are deemed appropriate and necessary by the City Manager. 13.041(4) (a) Proposed Use of Lots. Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population. 13.041(4) (b) Soil Survey. An accurate soil survey of the subdivision prepared in accordance with City specifications. 13.04t(4) (e) Proposed Zoning Chan~e.s. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights for the applicant. 13.041(4) (d) Potential Adjacent Subdivisions. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Planning Commission shall require that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be shown to relate well with existing or potential adjacent subdivisions. 13.041(4) (e) Potential Resubdivision Lots. Where structures are m be placed on lots which could be resubdivided for further development, the preliminary plat shall indicate placement of structures so that the lot may be further subdivided. 13.041(4) Plan for Soil Erosion and Sediment Control. A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of water ways, design of velocity and erosion control measures, and landscaping of the erosion and sediment control system. 13.041(4) (g) Plan for Vegetation Protection and Preservation. A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to be planted. 13.041(4) fa) Other Information. Such other information as may be requested by the City Staff, Planning Commission, or City Council. 13.042 Final Plat. The owner or subdivider shall submit a final plat together with any necessary supplementary information. 13.042 (1) Contents. The final plat, prepared for recording purposes, shall vbe prepared in accordance with provisions of Minnesota Statutes and Hennepin County and City regulations. The final plat shall be displayed on a twenty by thirty inch sheet at a scale of one inch equals one hundred feet and shall contain the following information: 13 - 10 072684 Memorandum To: From: Date: Subject: Planning Commission Members Kirk McDonald, Director of Community Development February 2, 2001 Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on CounciI/EDAJHRA actions on Community Development related issues or other City projects. It is not required reading and is optional information provided for your review, at your discretion. 1. January 8 Council Meetin.q - At the January 8 Council meeting, the Council took action on the following planning/development/housing issues: · Project #514, Resolution Approving A.qreement with Cenaiko Expositions, Inc. to Provide Booths for the 2001 Northwest Suburban Remodelinq Fair: Approved, see attached Council request. · Proiect #670, Resolution Awarding the Contract for the Sale and Removal of House at 5532 Winnetka Avenue: Approved, see attached Council request. · Public Hearing Continued - Amended Resolution Establishinq Findin.qs of Fact Relatinq to Revocation of CUP to Allow Outdoor Storaqe and/or Rental of Vehicles at 4904 Winnetka (PC99-14): Approved, see attached Council request and resolution. 2. January 22 Council Meeting - At the January 22 Council meeting, the Council took action on the following planning/development/housing issues: · Projects #676 and 664, Resolution Awardin.q Contract for the Demolition for House and Gara.qe at 5406 and 5410-12 Winnetka: Approved, see attached Council request. · Project #696, Resolution Authorizinq Conveyance and Reacquisition of Property Adjacent to 5420 Winnetka Avenue from the State of Minnesota: Approved, see attached Council request. · Proiect #700, Motion Authorizinq Staff to Neqotiate the Purchase of 5510 Sumter Avenue: Approved, see attached Council request. ¸3. Codes & Standards Committee - Codes & Standards did not meet. Staff discussed recommendations for modifications to the subdivision ordinance, per Hennepin County and the City Attomey prepared the ordinance. Desi.qn & Review Committee - Design & Review did not meet in January due to the fact that there were no applications for February requiring review by the Committee. Nextel (communication tower) should be ready to submit an application for the March meeting. Following the March application deadline on February 9, staff will notify Committee members whether a meeting is necessary. Due to a scheduling conflict with the TwinWest State of the City Coffee Break on Thursday, February 15, (the regular Design & Review meeting date) staff would like to reschedule the meeting to Friday, February 16, if that date is acceptable to commissioners. Zonin.q Code Update - The City Council and staff will be discussing the final recommendations at a work session on February 20. Staff will informally review the recommendations with the Planning Commission at the March meeting, and the public hearing will be held at the April Planning Commission meeting. A large number of legal notices will need to be mailed prior to the public hearing with a brief explanation of the changes being proposed. Sonsin Reco.qnition - Bill Sonsin will be recognized by the City Council at the beginning of the February 26 meeting. All Planning Commissioners are invited to attend. State of the City Coffee Break - New Hope will be hosting the TwinWest State of the City Coffee Break on Thursday, February 15, at 7:30 a.m. You are invited to attend. Proiect Bulletin - Enclosed for your information are project bulletins regarding 5406, 5410-12 Winnetka and 5532 Winnetka Avenue. Livable Communities Planninq Grant - The City has been notified that it will be the recipient of a Metropolitan Council Livable Communities Demonstration Account Program grant to further study the feasibility of the redevelopment of the Bass Lake Road corridor area. The grant funds, in the amount of $60,000, will be matched by the City to cover costs of in-depth planning, marketing, and feasibility studies for the "Hope Village" area and to conduct neighborhood meetings with property owners to determine how residents would like to see this area potentially redeveloped. The "Hope Village" area is identified as an area approximately one-half mile north and south of Bass Lake Road and extending to Boone Avenue on the west and the Crystal city border on the east. It is anticipated that a committee will be formed later this year to assist with the grant activities and that several members from the Planning Commission will be asked to serve on the committee, similar to the Comprehensive Plan andZoning Code update committees. Attachments: Remodeling Fair Booth Contract 5532 Winnetka Avenue U-Haul Revocation of CUP 5406, 5410-12 Winnetka 5420 Winnetka Avenue 5510 Sumter Avenue Project Bulletins Miscellaneous Article .OUNCIL REQUEST FOR ACTION / Originating Department Approved for Agenda Agenda Section Community Development 1-08-01 Consent · /~ Item No. By: Kirk McDonald ' 6.16 MOTION APPROVING QUOTE BY CENAIKO EXPOSITIONS, INC. TO PROVIDE BOOTHS FOR THE 2001 NORTHWEST SUBURBAN REMODELING FAIR (IMPROVEMENT PROJECT NO. 514) REQUESTED ACTION Staff recommends approval of a motion approving the quote from Cenaiko Expositions, Inc. for the rental and set-up of booths for the 2001 Northwest Suburban Remodeling Fair. POLICY/PAST PRACTICE The cities of New Hope, Crystal, Robbinsdale, Brooklyn Center, Brooklyn Park, Maple Grove, and Plymouth have sponsored the Northwest Suburban Remodeling Fair for the past eight years and desire to sponsor the 2001 Remodeling Fair. BACKGROUND The cities sponsor the Remodeling Fair to encourage homeowners/residents to upgrade/remodel homes in these cities. The Remodeling Fair will be held on Saturday, April 7, at the Crystal Community Center from 9:00 a.m. to 3:00 p.m. It is anticipated that there will be no cost to host the Fair, as the income derived from the sale of the booths for exhibits will pay for advertising, booth rental and consultant expenses. The cost per booth for exhibitors will be $125.00 and includes an 8' x 10' booth (with backwall, sidewalls, skirted table, chairs, and sign). The cities have solicited quotes from companies for booth set-up and rental and received the following quotes: Company Quote Cenaiko Expositions, Inc. $2,312.12 Hubbell/Tyner $3,080.00 Staff from the seven cities are recommending accepting the Iow quote from Cenaiko Expositions, Inc. in the amount of $2,312.12. New Hope is again coordinating the receipt/disbursement of revenues/expenses for the Fair; therefore, the agreement needs to be approved by New Hope even though it is addressed to Crystal. MOTION SECOND BY BY TO: COUNCIL FOR ACTION RE( UEST Originating Department Approved for Agenda Agenda Section Community Development 1-08-01 Consent ? Item No. By: Kirk McDonald By: 6.22 RESOLUTION AWARDING THE CONTRACT FOR THE SALE AND REMOVAL OF HOUSE AT 5532 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 670) REQUESTED ACTION Staff is requesting Council approve a resolution awarding contract for the sale and removal of house and detached garage at 5532 Winnetka Avenue North to Otting House Movers in the amount of $10,200. POLICY/PAST PRACTICE For city-owned properties where the City is selling the home and having it removed from the site, staff seeks quotes from building movers and recommends selling the home to the highest bidder. BACKGROUND The City purchased this property in November for $140,000. The 5400 and 5500 blocks on the east side of Winnetka are identified in the Comprehensive Plan for redevelopment and the City has been acquiring properties on a voluntary basis. Due to the fact that house is in fairly good condition, staff felt that the home could be sold and removed from the property. Staff obtained quotes from the following contractors: Contractor Bid Otting House Movers $10,200 Swift Housemovers 8,285 Lunak House Movers 1,700 The high bid was submitted by Otting House Movers in the amount of $10,200. Upon the City's receipt of payment and certificate of insurance, a bill of sale will be awarded to Otting House Movers, and the contract states that the structures must be removed from the property by February 15, 2001. After the house has been removed from the site, quotes will be sought for demolition/removal of the remaining foundation and for site restoration. Staff recommends awarding the quote to Otting House Movers. A'I'rACHMENTS · Resolution · Contract and City Attorney Correspondence · Sale and Removal Specifications/Quote · Location Map MOTION SECOND BY BY TO: ' . ' ,~417...__.; ,' ~0 7aO0 ~--' ~ ~.~4 ."' ......, : ; f~ ~- i - - ...... : ' il; ' ?ooo : .... ,' " ........... !m; !~ i ............. i ........ ,; ..~, ~.. '. _ ~ Jljl'il'~ill~ k l156TH AVE N~ ....... : ..~.~?-~..., ................. ~.:. - ..... 'r'-';."'-': ..... . ;_-- ....... : - .~-. :',,. "."'...: ...-..---"---': ~. ";,'~i.'".:;-- : ..... · :-- ;. ,.~M, : : gg,,1. : ~ i,. · -; ~ 7,]01 · : JJl;I4~ .' ~. .~. -, , ~ · .. ; ---.i~i ......... i_._L., i' "2L-7"; .~>~z~. .~'~:'.~-.--,-'.~'.--':-'-[- .. ................... ~ ; , .......... , I~: Iii. ,~>--;: · ! ~a~ dULl,) ; ..............: : __ , ~, r,,: r,, ..... , I _ -.-:.-.. I v, , ,. ; -...-... _- w, .-' ,' ,,~ ~ : ; . ?~o~, I PARK · "" : ,55TH. , N ....... ; ' ........... ' ........... ' ......... ! ; .. ....... ~ ~ ,, r. ....... 1" ........ ~ ................. ., ., : : . ; - ' : ~ ~ ,4(-., ; ., -..~---- : · 5431 : ' '- ....... : .... C:."-:: ........ ' ...... I ....... ~ ,., ........ r ..... ~ ........ : MU iLU M~ ;s(u ',,,~i M3o , s~2e · . ..q , ' , '.~ ' , ~' ' uric]er ~.Zl ~ ....... s ~'"'~ ......... ~ .......... ~ ~_~ ...................... ~ , . · : .......~ ........ ~477-~:~!-- ' ,,,,., : :.~.:..~ .,.~ : .... ~ Conslderahon 5421 . : --.~ ....~ ........ ~ ....... : .....· '- ............... ; --_ _ ...... ~ . _s422~? s,123~ STRAPHAEL DR. 54,11 ~ .4.' .-.-"2~.._~.~....~.. /.....~c2~...: i .........r ....~ . ' .............. ' ; ...... '~ ........ ', · ' 5411 ~ .-.-.- ............... - ..... ~ ...... : .............. 4 ~ ........ __.~ · : ~s4~2~-.~'Mlo-~' -'-~ In,: ~,44 i _-~,a: '. ~e ' ~xl ' ~,, ...... ~ //~/'~ .. /'~ ~l'~lJ .i--il ~ . ,,.r~,~ ~__ .F~,,w ~1--1: ,w-T~"v I ~ .... S40". 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'b-- ...... ,.. · ' '~ I ~ · -- · COUNCIL REi UEST FOR ACTION Originating Department Community Development Kirk McDonald By:/) Approved for Agenda 1-08-01 Agenda Section Public Hearing Item No. 7.1 PUBLIC HEARING CONTINUED - AMENDED RESOLUTION ESTABLISHING FINDINGS OF FACT RELATING TO REVOCATION OF CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STOI::~GE AND/OR RENTAL OF VEHICLES AT 4904 WINNETKA AVENUE NORTH (PLANNING CASE NO. 99-14) ACTION REQUESTED This is a continuation of the October 23, 2000, public headng to consider the revocation of the conditional use permit to allow outdoor storage and/or rental of vehicles at 4904 Winnetka Avenue North. Prior to October 23 the headng was continued from August 14, 2000. Due to the fact that the conditions of the original conditional use permit have not been complied with, staff recommends that the CUP for the rental of U-Haul vehicles at this property be revoked and that the attached resolution be approved. POLICY/PAST PRACTICE The City Council routinely approves zoning requests subject to conditions that the applicant is required to meet. In situations where the applicant does not comply with the approved conditions, the City Council has the authority to conduct a public hearing and consider revocation of the zoning request. BACKGROUND At the September 27, 1999, Council meeting, the City Council approved a conditional use permit to allow outdoor storage and/or rental of vehicles at 4904 Winnetka Avenue North for the U-Haul business operated by Johnson Van & Storage. The approval was granted subject to a number of conditions, including the installation of landscaping, completion of certain building improvements, limited outdoor storage area, etc. The applicant failed to comply with most of these conditions in a timely manner. The deadline for the installation of the landscaping (July 1) had passed and no action had been taken on other matters. Due to the applicant's non- compliance, on July 13, 2000, the-Building Official issued a citation and informed the business owner and property owner that the City Council would consider a revocation of the conditional use permit because the conditions of approval had not been met. (cont'd.) MOTION BY TO: SECOND BY Req~,~'ot f~-.~,ction Paae 2 At the July 24 City Council meeting, the Council adopted a resolution calling for a public hear'rog for the Augus'~ 14 Council meeting to consider revocation of the conditional use permit due to non-compliance with the conditions. At the August 14 public headng, the property owner, United Properties, indicated that the landscaping was in the process of being completed and that they were working with their construction department on alternative methods of ADA access. The tenant indicated that they would either confine their storage area to the approved site plan or apply for an amendment to their CUP to expand the area for storage. The City Council continued the.public headng until the first meeting in January to allow additional time for these items to be comPleted and indicated that if the conditions were not complied with, that the CUP would be revoked. The two items of the CUP that have not been complied with are: Confined stora.qe area. The original CUP limited the outdoor storage space for U-Haul rental to 1,200 square feet in a clearly defined area shown on the site plan. The owner of the business has not confined the storage to the approved area. In October, the tenant of the Johnson Van & Storage space submitted an application and the appropriate fees to amend the current conditional use permit to expand the storage space area. Due to the fact that they were proposing to utilize some of the existing parking areas for additional storage and due to the fact that another tenant had moved into the building and there were some parking/emergency vehicle access issues, staff determined that the plans and application were incomplete and requested that the property owner submit a parking and storage plan for all the tenants in the building. Staff met with United Properties and discussed the tenants request. A revised plan was not submitted. Since that time, the business owner has not confined the storage area to the approved area. ADA Access Due to the fact that the property owner is aware that the CUP for the retail portion of the business may be revoked due to the fact that the storage space area has been exceeded, ADA access has not been installed. The owner did submit correspondence and a flyer on a vertical wheelchair platform lift that was proposed to be installed to provide disability access, however, the preliminary plan was not approved by the Building Official. Staff sent correspondence to the business owner and property owner informing them of the continuation of this hearing and has indicated that revocation of the CUP would be recommended. The Council should be aware that the CUP is only for the storage of the U-Haul rental vehicles and does not impact the Johnson Van & Storage business. Therefore, if the CUP is revoked, Johnson Van & Storage would be prohibited from renting U-Haul vehicles, but the main business could continue. The City Attorney has prepared the attached resolution and exhibits on this matter and staff recommends approval of the resolution. A'I-FACHMENTS 1. Resolution and Exhibits 2. City Attorney Correspondence 3. City Correspondence re: Public Hearing 4. City Correspondence re: Incomplete Application /g:~'/~0 16:55 FAX 7~3493519S JENSEN & SON~RALL, ~A ~ ~" ~u~ ~ ~''' RESOLUTION NO. 2000- AMENDED RESOLUTION ESTABLISItlNG FINDINGS OF FACT RELATING TO REVOCATION OF CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AND/OR RENTAL OF VEHIC~.,ES AT ,1904 WINNETKA AVENUE NORTH BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, a public hearing was scheduled and held on Augtlst 14, 2000 and twice continued to October 23, 2000 and January 8, 2000 before the New Hope City Council to consider the revocation of a Conditional Use Permit (CUP) to allow for thc outdoor storage and/or rental of vehicles at 4904 Winneflca Avenue North; and WHEREAS, notice of the Augt,.~t 14, 2000 public hearing was duly published in the New Hope/Golden Valley Sun-Post on August 2, 2000 and that mailed notice, by certified mail, return receipt requested, was mailed to Jolmson Van & Storage, MINCO Northwest Corporation and United Properties (hereafter collectively known as "Owner/Occupant") on July 27, 2000; and WHEREAS, the Owner/Occupant was represented at the August 14, 2000 public hearing by Ellen Morton, senior property manager for United Properties and Vernell Gillespie, owner of Johnson Van & Storage; and WFiF~RE~, the Owner/Occupant requested a continuance to October 23, 2000 to address thc unsatisfied conditions of the CUP stated in the Resolution No. 2000-113 attached hereto as Exhibit A; and WHEREAS, the Owner/Occupant requested a second continuance of the public hearing to January 8, 2001 to address unresolved issues relating to required conditions of the conditional use permit granted for the subject property per Resolution No. 99-148 attached hereto as Exhibit B; and ~AS, mailed notice of the continued hearing to January 8, 2001 was sent to Vernell Gilles-pie, Ellen Morton and American Realty Advisors, agents for MINCO Northwest Corporation on October 24, 2000 mad December 21, 2000, however, the October 24, 2000 letter inzo~tly indicated a hearing date continuance of January 11, 2001 necessitating a need to mail the December 21, 2000 notice to correct the error on the hearing date from January 11~ to January 8~, 2001; and .,/~/00 16:56 FAX 7634935193 JENSEN & SON~RALL, PA . ~=n =or~ ~a WItEREAS, at the August 14, October 23, 2000 and January 8, 2001 public hearings this City Council had before it the entire City file regarding the CUP for the property, all statements made by interested parties bearing on this CUP including statements from New Hope's Community Development Director, a December 26, 2000 memo from the Building Official, attached hereto as lSxhibit C and its own personal knowledge, recollections and opinions concerning this CUP; and PROCEDUR..A_I, HISTORY WttEREAS, Johnson Van & Storage, Vernell, Gillespie and MINCO Nm-thwest Corporation applied ibr and received a CUP to allow outdoor storage and/or rental of vehicles at 4904 Winnetka Avenue North; and WHEREAS, said CUP was granted per Resolution No. 99-148, attached hereto as Exhibit B, adopted by this City Council at its Sept=tuber 27, 1999 meeting; and WltlgREAS, the request for this CUP was submitted under New ltope Planning Case 99-14. As part of this planning case, the Owner/Occupant included a site plan, attached hereto as Exhibit D, indicathag the manner in which 4904 Winnetl~ Avenue North would be improved, modified and altered to satisfy the zoning code requirements to permit the City Council to approve the CUP; and WHERIgAS, Resolution No. 99-148 provided among other things that the CLIP was subject to the completion and compliance with the performance requirements of the site plan as submitted in New Hope Planning Case No. 99-14; W'll~EA~, the site plan. attached herew as Exhibit D requires the Owner/Occupant to comply with the following conditions to maintain its CUP: 1. Construct an ADA access ramp on the west or from of the building; 2. Confine the storage area for the U~haul trailers to 1,200 square feet as shown on the sit= plan; and FIND.INGS OF FACT WltlgREAS, the New Hope Community Development Director, Kirk McDonald stated at the August 14, 2000, October 23, 2000 and January 8, 2001 public hearings regarding the CUP for 4904 Winnetlm that he and the City's Building Official have made numerous inspections of 4904 Winn~tlca and as of the date of this public hearing found the Owner/Occupant has failed to satisfy the following required conditions relating to the CUP: 1. The ADA access ramp shown and required by the submitted site plan on the from or west of the building is not constructed as of January II, 2001; -2- /27/00 16:56 FAX 7634935193 JENSEN & SON~RALL. PA ~ hE, ~ur~ ~ ~ ....... . 2. The U=haul u-after storage is not confined to the 1,200 square foot storage area as 5hewn on the site plan. This continues to occur as of January 8, 2001 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That this City Council hereby determines that Owner/Occupant has failed to comply with the terms and conditions of the conditional use permit to allow outdoor storage and/or rental of vehicles at 4904 Winnetka Avenue North issued under New Hope Planning Case 99-14 and approved by Resolution 99-148. 2. Specifically, Owner/Occupant has failed to comply with thc following temps and conditions required by the submitted site plan and/or Resolution No. 99-148: a. Failed to construct the ADA required access ramp shown on the site plan. b. Failed to confine U-Iiaul trailer storage to the 1,200 squm'e foot area designated on the site plan. 3. The Owner/Occupant was granted an extension to January 8, 2001 at the October 23, 2000 Council Meeting to comply with the conditions of the CUP stated in paragraph 2, and that Owner/Occupant continues to violate these conditions despite promises to remedy the violations by th~ extended deadline dates previously grained to them. 4. That based on the continuing unresolved violations of the required terms and conditions of the conditional use permit, the City Council hereby declares the CUP for storage and/or rental of vehicles at 4904 Winnetka Avenue Norfl~ issued under Planning Case 99-14 immediately REVOKED. 5. That the Owner/Occupant is hereby ordered to immediately cease and desist from using the property at 4904 Winnetlm Avenue North for the storage and/or rental of vehicles. 6. That the City Mar ger is hereby authorized and directed to take any and all action nex~ssary to enforce thi.n CUP revocation and to serve on the Owner/Occupant personally or by certified mail a certified copy of this r~olution ordering Revocation of the CUP for outdoor storage and for rental of vehicles at 4904 Winn~a Avenue North. Dated the 8t~ day of January, 2001. Attest: W. Peter Enc. lc, Mayor -3- 16:57 FAX 7634935193 3ENSEN & SONDRALL, PA ~ hit Valerie Leone, City Clerk '?T/O0 16:57 FAX 7654935193 0F HEW HOPE FRX HO. = 76555151~6 07-27-0~ I2~I~P P.O2 - RESOLUTION NO. 2000-1 ~ 3 R~SOLUTION CALL[NG FOR A PUBLIC HEARING TO CONSIDER IL~VOCATION O1~ CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AND/OR RENTAL OF VEHICLES AT 4904 WINN'E~& AVENUE NORTH BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, ]olmson Van & Storage, Veraell Oillespie and MINCO Norlhwcsl Corporation applied for and recuived a conditional use petrel, (hereinafter "CUP") to allow for outdoor storage and/or rental of vehicles for property located at 4904 Winnetka Avenue North. New Hope, Minnesota; and WHEREAS, the described CDP was granted pursuant to New Hope Resolution No. 99- 148 duly adopted by the New Hope City Council at its meet/rig on September 27:1999 (copy of resolution attached as Exh/bit A); and ~AS, the request for said CUP is identified as New Hope planning case 99.-14 and required by New }tope Code §§4.122(2) and 4.21; and WHEREAS, the CUP was grantcxi with the following conditions: All signage to bc reviewed and approved by staff. If refuse storage is moved outdoors in the furore, scr~n~ug details to bc submitted. Screening on west property lhte to be completed by July 1, 2000, per the submitted plan. along with irrigation system. Lot striping (in white) to be completed by November 30, including installation of "visitor" and "disability access" signs, per the plan. Property owner to submit written commitment that landscaping will be maintained and r~laccd, as n~c~sary. ~rHEILEAS, thc sim plan (attached hereto as Exhibit B) submitted as part of tim CUP application requires the construction of an ADA ramp identified on the west or front of the building; and WHEREAS, New Hope Code §§ 4.233(5) and 4.363 require the applicam's for a CUP pay the engineering, legal and aflminisrrarive costa incurre. A by the City to process and ent0rce the CUP terrrm and conditions; and -1- 16:57 FA~ 763 [:IT¥ DF' HEkl HOPE JENSEN & ,~/HEREAS, WHEREAS, WHEREAS, CITY OF NEW HOPE REsoLUTION NO, 99- RESOLUTION APPROVING PLANNING cASE NO. 99-14 REQUEST FOR A cONDITIONAL uSE pERMIT TO ALLOW oUTDOOR STORAGE AND/OR RENTAL OF VEHICLES AT 4904 wINNETKA AVENUE NORTH (PID #08-11B-21-23'0004) sUBMiTTED BY JOHNSON VAN & STORAGE/VERNELL GILLESPIE! MINCO NORTHWEST coRPORATION . Store eJemell Giitespie/MINCO Northwest ,~ ~nnlir.~ S, JOhnSOn Van & _, ...,a_g~ir,~,c u,~ ~,~.~...__n.t., _ -..,..miRed a request ~u~,,,, .... vehicles, pursuant Corporation, nave ~u~, conditional use permit to aliow outdoor storage and/or rental of to Sections 4.144(,2) and 4.21 of tl~e New Hope Code; and the planning CommiSsion ileld a public hearing on plannin9 Case No. 99-14 on August 4, 1999, found that all conditions required by the New Hope Zoning Code for the conditional use permit have been satisfied by the applicants, and recommended aPProval of the planning case request subject to att conditions aS set forth in the City staff Report dated July 30, 1999; and the City Council on August 9. 1999, considered the' report of the City staff, findings and recommendations of the planning Commission, and tt~e c[~rnments o[ persons attending the City Council meeting; and WHEREAS. the City Council hereby finds and concludes that the applicant has satisfied ali conditions required by the New Hope Zoning Code lot issuance of the requested conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hopo that the conditional use permit to allow otltdoor storage ancllor rental of vehicles, as submitted in Planning case No. 99-14, is approved subject m the following conditions: 1. All signage to be reviewed and approved by staff. 2. tf refuse storage is moved outdoors in the future, screening details to be submitted. 3. Screening on ~Nest property line to be completed by July 1, 2000, per submitted plan. along with irrigation system. 4. Lot striping (in white) to be completed by November 30, including installation of "visitor" and 'disability access' signs, per the plan. 5. Property owner to submit written commitment that landscaping will be maintained and replaced, as necessary. Adopted by the City Council of the City of New Hop~, Henneptn County, Minnesota. this 27~' day of September, Mayor Attest. _ 4. ,C/-~'~ ' City Clerk 16:58 FAX 7634935193 JENSEN & SON~RALL, FA ~ h=. ~ur~ ~= ~--- DF HEW HOPE FRX HO.: 76~5515156 ~?-27-00 12:2~P WHEREAS, the applicants have failed to meet certain conditions of the CUP granted by resolution no. 99-148 as part of planning case 99-14 as follows: 1. The screening on the west property line has not been completed by July 1, 2000 as required; 2. The ADA ramp identified on the site plan tins not been constructed; 3. Applicants have not coniined tlmir outdoor storage, of U-haul trailers to the 1.200 square foot area as shown on the site plan; 4. Billing invoices of $404.50 for enginrzring, legal and administrative expenses for expert consultants incurred by the City have ~mt been paid by the applicants; and 5. Certain building ct, dc issu:s relating to the property as set forth in thc City Building Official's January 3, 2000 letter (attached hcreto as Exhibit C) remain unresolved. NOW, THERF~FORF~, ]BE IT RESOLVED: 1. The City Counetl hereby orders that a public hearing be conducted at its August 14, 2000 meeting to consider the revocation of the CUP granmfl applicants for the outdoor storage and/or rental of vehicles at 4904 Winnetka Avenue North granted by resolution no. 99-148. A~ the hearing, applicants' failure to meel conditions of the CUP will be considered in detenr, lnir~g to revoke the CUP. 2. The City Manager is hereby directed to notify the applicants of saki August 14, 2000 public hearing pursuant to the notice requirements of New Hope Code §§ 1.40 through 1.432. Dated the 24th day of July ,2000. W. Peter Enck, Mayor Attest; Valerie Leone, City Clerk / REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Secuon Deve lopmen~ Community Development 01/22/01 & Planning Department item No. By: Ken Doresky, ! By: 8.1 ecialist i RESOLUTION AWARDING CONTRACT FOR THE DEMOLITION OF HOUSE AND GARAGE AT 5406 AND 5410-12 WINNETKA (IMPROVEMENT PROJECT FILES 676 AND 664) ACTION REQUESTED Staff is requesting Council approve a resolution awarding the contract for the demolition of three single-family homes, two detached garages, two sheds and other site features on City-owned property at 5406, 5410 and 5412 Winnetka Avenue North to Bauer Contracting, Inc., the Iow bidder, in the amount of $9,849.00. POLICY/PAST PRACTICE The City routinely solicits quotes for the demolition of City-owned residential properties and usually recommends awarding the contract to the lowest responsible bidder. BACKGROUND On December 6, 2000, demolition bids were sent to 17 demolition contractors. In response to the demolition bid request for the subject properties, the City received the following six bids for total demolition of the properties located at 5406, 5410 and 5412 Winnetka Avenue North. Contractor Quote Bauer Contracting, Inc. $9,849 Sauter & Sons, Inc. $15,800 Don Zappa & Son Excavating, inc. $19,480 Veit & Company $20,400 Kevitt Excavating $23,042 USD-Minnesota $25,400 (continued) SECOND BY TO: I:RFA~otann,ng~l-ip664.clo¢ 1 Recluest for Action Page 2 Due to the large discrepancy in the bids received, staff delayed a recommendation on awarding this contract until tn Council meeting and recluested assistance from the City Engineer to determine if the Iow bidder was clualified to complet the work. The City Engineer has been in contact with Bauer Contracting and, per attached letter, understands that Bau~ can complete the work. Staff is recommending award of the contract to Bauer Contracting, Inc. at this time in the amount of $9.849.00, but wan,, to make the Council aware of several minor change orders that may be forthcoming on this demolition project: 1. ~ - The Contractor has indicated they may move one or more of the houses off of the site if they cs be pre-sold. The City has indicated that this could be considered as a change order at a future Council meeting the moving could be completed in a timely manner with no additional cost to the City. 2. Performance Bond - The City specifications required the contractor to submit a performance bond if the total bi exceeded $10,000. Due to the fact that this bid did not exceed $10,000, no performance bond was required. Sta is recommending that the City require the contractor to obtain said bond to insure that the work is completed an that the City pay for the additional cost of the bond. The minor additional cost would also be processed in th future as a minor change order and the total cost will still be substantially less than the second lowest bid c $15,800. FUNDING All demolition costs will be paid for with tax increment financing funds. ATTACHMENTS · Resolution · Contract and City Attorney Correspondence · Demolition Specifications/City Engineer Correspondence · Location Map REQUEST FOR ACTION ~ Approved for Agenda Agenda Section originating Department Development Community Development 01/22/01 & Planning Department ~ item No. By: Ken Doresky, By:C"~ 8.2 Community Development Svecialist RESOLUTION AUTHORIZING CONVEYANCE TO AND REACQUISITION OF PROPERTY ADJACENT TO 5420 WINNETKA AVENUE NORTH FROM THE STATE OF MINNESOTA (IMPROVEMENT PROJECT FILE 696) ACTION REQUESTED Staff is requesting that the Council approve this resolution authorizing conveyance to and reacquisition of property adjacent to 5420 Winnetka Avenue North from the State of Minnesota. POLICY/PAST PRACTICE 'l'he City has been acquiring property along the 5400/5500 blocks of Winnetka Avenue North on a voluntary basis over the past several years for redevelopment purposes. BACKGROUND Most of the properties in the 5400 and 5500 blocks on the east side of Winnetka have a depth of 300 feet. In the fall of 2000, when the City Council authorized staff to pursue the acquisition of 5420 Winnetka, it was discovered that the back 3art of the parcel was a separate tax forfeit parcel and the Council directed staff to pursue acquisition from Hennepin County. The City Attorney has been coordinating with Hennepin County on this matter and has prepared the attached resolution and documents on this issue. Per the City Attorney's correspondence, evidently the City acquired this property in 1965 from the State as a tax forfeiture and was restricted to using the property for street purposes only. If the City desires to utilize the property for future development purposes, the City needs to reconvey and reaquire the property from the State through a private sale. The resolution reconveys the property back to the State and then authorizes the City Manager to take all the necessary steps to reaquira the property for $6,500.00 which is the sale pdce Hennepin County has agreed upon. Staff recommends approval of the resolution, as this is a key piece of property for future redevelopment in the area. FUNDING Acquisition costs will be paid for with tax increment financing funds. (Continued) MOTION BY SECOND BY TO: / I: RFAXplanmng~.~o664.ao¢ COUNCIL 5436 5437 54.30 5431 5426 5427 542O 5421 5416 5417 5410 5411 54O6 5407 5400 5401 5436 54.17 5430 54,31 54.26 5427 5420 54.21 5416 5417 54.10 54.11 I i E: ~.~. [ 5437 54~1q 5429 5426 5427 5436 54.17 54,34 ~ 5430 5429 7606 5425 D 5420 5419 5416 5413 = 5408 5409 .' 54O0 5401 534e 5529 5~42 5325 I 5336 5321 i ~ ~17 5324 5313 5201 5312 COUNCIL AC? OS ~ ~pproved for Agenda Agenda Sect]on Originating Department Development Community Development 01122/01 & Planning Department ~ Item No. By: Ken Doresky, By://// 8.3 Community Development Soecialist / MOTION AUTHORIZING STAFF TO NEGOTIATE THE PURCHASE OF 5510 SUMTER AVENUE NORTH (IMPROVEMENT PROJECT NO. 700) ACTION REQUESTED Staff recommends approval of a motion authorizing staff to negotiate the potential purchase of the property located at 5510 Sumter Avenue North. POLICY/PAST PRACTICE The properties in the Bass Lake Road/Sumter Avenue area have been sited in the Comprehensive Plan for redevelopment. The City Council has been acquiring scattered site properties on a voluntary basis in that area for redevelopment purposes. The City owns several properties in that area, has demolished the properties and is land banking the properties for future development. BACKGROUND City staff received a letter from Brandi Collins, 5510 Sumter Avenue indicating an interest in the City purchasing her property as it is currently for sale on the open market. The City Manager authorized staff to proceed with an appraisal of the property. Staff indicated to the owner that once the appraisal was completed, it would he presented to the Council and a determination would be made as to whether to proceed with negotiations or not. This property is located five lots south of Bass Lake Road and one lot north of 55a Avenue North on the east side of Sumter Avenue, near the intersection of 55a and Sumter Avenues. The City has previously acquired five properties in this neighborhood, as denoted on the attached map, and demolished the homes. While this property is not essential for redevelopment of the Bass Lake RoadlSumter Avenue comer, it could easily be incorporated into a future redevelopment. Per Hennepin County tax records, the 2000 valuation of the property for tax purposes is $70,000 ($25,000 land/S45,000 building). The property measures 10,400 square feet and has a lot width of 80 feet and a lot depth of 130 feet. The house is a one story rambler with 682 square feet of gross living area and there is a detached double garage on the site. The home was constructed in 1953 and the appraisal states that it is in average condition, with some deferred physical maintenance. ¢Continued1 MOTION BY SECOND BY TO: t.22.0~~ Page 2 Recluest for Action If staff is successful in negotiation, staff will return with a purchase price to be approved by the Council and then proceec with the preparation of a purchase agreement, which would also be presented to the Council for approval. Staff has indicated to Brandi Collins that because this would be a voluntary sale, no relocation benefits would be paid. FUNDING The property is located in an area where tax increment funds can be expended and TIF would be the funding source for acquisition and demolition. ATTACHMENTS · Appraisal Report · Property Owner Correspondence · Location Map F555o ~ 5551 5552 5524' 5518 55O9 5512 5501 5506 55O0 5443 5446 5437 5440 5429 .54,34 5427 5422 5423 5420 5417 5412 5410 5413 54O6 1-- 5409 540O 5401 U': 5525 5519 7800 7600 7610 ~ ~ I1~ 56TH AVE 7615 7601 5520 0 55TH AVF N 5444 5437 5458 54~3 5428 5429 5426 5427 5456 5457 5434 ,5455 543~ 5429 7606 5425 ST RAPHAEL 5420 5425 5414 5415 5406 5409 54OO 5401 553O 5557 552~, 5331 5318 5525 5512 5319 5420 5419 5416 5415 5408 54O9 5542 5525 ~38 5521 5524. 5~1~ ~18 ~12 7550 ELM ST. GROV_ 55OO PARK 5436 DR. 5418 5501 CATF CHUF Project #664, #676 Bulletin #2 PROJECT BULLETIN 5406 Winnetka Avenue North and 541015412 Winnetka Avenue North Overview The City of New Hope has purchased 5406, 5410 and 5412 Winnetka Avenue North. These properties were purchased through voluntary sales from willing sellers. The City purchased the properties and will land bank the properties for future residential redevelopment purposes. The City has contracted with a demolition contractor for the demolition and/or removal of the structures. The structures should be demolished and removed from the site by March 15, 2001. In 2001, the City will initiate a planning process for potential future residential redevelopment of these sites. Neighboring property owners will be invited to participate in this process. The City will mail future bulletins to inform you about the schedule for this process. Site Upkeep The City of New Hope will maintain the sites. During the winter months, the driveway and sidewalks will be cleared on a Iow priority basis. City staff will be checking the sites and the Police Department will be observing these properties on a daily basis through regular patrols of the neighborhood. As a neighboring property owner, please contact the New Hope Police Department if you notice any suspicious activity on these properties. City Contacts If you have questions or concerns, please contact Ken Doresky, Community Development Specialist, at 763-531-5137 during regular City Hall business hours, 8:00 a.m. - 4:30 p.m. For suspicious activity, please contact the New Hope Police Department by calling 911 anytime during the day or night. The City appreciates the cooperation of all residents and businesses in the area that may be impacted by the removal of these structures. Thank you for your cooperation. Future bulletins will be sent to keep you updated on the status of these properties. City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 01/23/01 PROJECT BULLETIN Project #670 Bulletin #2 5532 Winnetka Avenue North Overview The City of New Hope has purchased the property at 5532 Winnetka Avenue North. The property was purchased through a voluntary sale from a willing seller. The City purchased the property for future residential redevelopment purposes and will land bank the property. As an alternative to demolishing the home, the City elected to contract with a house moving company to move the home and garage off the site. In the coming weeks, the moving company will be preparing the house and garage for transport. The house and garage should be moved off the site by February 15, 2001. After the house is removed from the site, the City will contract for demolition of the basement, foundation and garage pad. It is expected demolition will take place this winter depending on weather conditions. In 2001, the City will continue the planning process for future development of the site. Site Upkeep The City of New Hope will maintain the site. During the winter months, the driveway and sidewalks will be cleared on a Iow priority basis. City staff will be checking the site and the Police Department will be observing the property on a daily basis through regular patrols of the neighborhood. As a neighboring property owner, if you notice any suspicious activity on the property, please contact the City at the numbers listed below. City Contacts For questions or concerns, please call Ken Doresky, Community Development Specialist, at 763-531-5137 during regular City Hall business hours, 8:00 a.m. - 4:30 p.m. For suspicious activity, please contact the New Hope Police Department at 911 anytime during the day or night. The City appreciates the cooperation of all residents and businesses in the area that may be impacted during this project. Thank you for your cooperation. Future bulletins will be sent to keep you updated on the status of the property. City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 1-10-01 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES October 3, 2000 City Hall, 7:00 p.m. CALL TO ORDER ROLL CALL The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chairman Sonsin called the meeting to order at 7:00 Present: Absent: Also Present: Anderson, Brauch, Green, Hemken, Kramer, Landy, Oelkers, Sonsin, Svendsen None Kirk McDonald, Community Development Director, Steve Sondrall, City Attorney, Pamela Sylvester, Recording Secretary CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING PC00-15 Item 4.1 Chairman Sonsin introduced for discussion Item 4.1, Request for a Two-Foot Variance to the Side Yard Setback Requirement to Allow Construction of a Two-Car Attached Garage Three Feet From the Property Line, 5307 Pennsylvania Avenue North, Timothy and Arnetta Glum, Petitioners. Mr. McDonald stated that'the petitioner was requesting a variance to the side yard setback requirement:to allow the construction of a two-car attached garage three feet from the property line. The Zoning Code states that the side yard setback requirement on the garage side of a single family dwelling in an R-1 Zoning District shall be five feet, which is why a variance would be needed. The property is located in a single family residential neighborhood, and the site is 90 feet north of 53rd Avenue on the west side of Pennsylvania Avenue. The site is surrounded by single-family homes, and measures 75 feet by 135 feet for a total of 10,125 square feet. There is an existing single detached garage on the site measuring 330 square feet, which would be demolished, and the proposed double attached garage would contain 585 square feet. The hard surface area of the site would be reduced from 33 percent to 28 percent with the reconstruction of the driveway size and location. The site is located in Planning District No. 6, and the Comprehensive Plan states that the City would aggressively promote private reinvestment in the existing single family housing stock in this District. McDonald explained that the lot slopes from the back yard to the east street frontage and contains a five-foot wide drainage and utility easement along the back lot line only. The applicant submitted a new "as-built" survey that identified buildings and lot lines. The lot was first developed in the 1950s and the single garage was constructed in 1963. The applicant added a large addition to the rear of the home in 1992. The applicant now would like to remove the detached single car garage, which has become dilapidated, and replace it with a new 19.5' x 30' attached garage along the south property line. The new garage would comply with city standards for floor area and height; however, the garage would not meet the five-foot side yard setback. Therefore, the applicant was requesting a variance to place the garage three feet from the property line. McDonald continued by saying that the petitioner submitted a narrative that stated he planned to demolish the existing garage and slab, the concrete patio, and existing driveway. The yard would be re-landscaped to divert water away from the house to the south side of the yard and out to the street. A retaining wall and drain tile would be installed. The exterior materials would match the existing house. Property owners within 350 feet of the site were notified and the City received several calls. Several neighbors came in to look at the plans, and after reviewing the plans, felt the variance was justified. The property owner most impacted by the variance on the south side of the property had called City Hall to express concern when the application was initially discussed, however, no comment has been received since the legal notice was published. McDonald stated that the purpose of a variance was to permit relief from strict application of the Zoning Code where undue hardships prevent reasonable use of the property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of the property. The hardship cannot be created by the property owner. If the variance would be granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values. Additional criteria would include public safety issues, street connections, light and air, and property values. City staff and consultants met to review the plans and supported the concept. The Design & Review Committee met with the petitioner and was supportive of the variance. The Committee did not have an objection to the overhead door at the rear of the garage and it was confirmed that no variance would be necessary for the retaining wall proposed at the property line. The focus of the discussion was on the drainage problems, and the Committee requested that the applicant submit a more detailed drainage plan. There was some discussion on narrowing the driveway slightly. McDonald stated that the .existing house was in compliance with the setback requirements except for the northeast corner of the house which was set back 9.86 feet from the north lot line, as shown on the survey. The new garage would contain 585 square feet. The existing garage, slab, patio, and driveway would be demolished. 'Fhe yard would be re-landscaped and regraded to redirect drainage. A new retaining wall and drain tile would be installed along the property line. The roof slope of the garage would match the house, but at a higher elevation. There would be an eight-foot garage door at the rear, a double garage door at the front, two service doors on the north elevation, three windows on the south elevation, and a service door from the garage into the house. The applicant proposed that all exterior materials would match the existing house. On the drainage plan, the applicant showed grading behind the house to swale around the south side of the new garage, next to the new retaining wall toward the street. A four-inch drain tile would be installed between the retaining wall and the garage. McDonald reported that the Planning Consultant had reviewed the plans and stated in correspondence that the property appeared to have unique topography that caused water to drain from the neighboring southern property into the area of the detached garage and into the northwest portion of the house. The water also drained from the subject property into the adjacent property to the north. The requested variance would allow an attached garage to replace the existing detached garage, and the submitted grading and drainage plans showed that a drain pipe would allow the water to drain along the south lot line to the street, which would reduce the runoff into the house and toward the property to the north. McDonald added that research on setback variances had been included with the packet showing similar requests, and it indicated the Planning Commission and City Council had granted a number of minor setback variances in the City for the construction of attached garages. McDonald indicated that there appeared to be no other location for a double garage on the property. A narrower garage was not a feasible option. The Planner also mentioned that the Comprehensive Plan contained policies to Planning Commission Meeting 2 October 3, 2000 promote private reinvestment in the City's single-family housing stock and allowing the setback varian~;e for an attached garage would be consistent with the Comprehensive Plan policies. The addition of a two-car garage would be a reinvestment in the neighborhood, and the City has supported variances that promote this type of investment. McDonald reported that the City Engineer had reviewed the plans and he had stated the drainage plans were fine. The City Engineer recommended that a letter of credit be established, however, the City does not typically request a letter of credit for single-family home construction. Those issues are handled through the building permit process; therefore, staff is not recommending a letter of credit. McDonald reiterated that, pending input from the neighborhood, staff was supportive of the request due to the fact that it was similar to a number of other requests that had been approved in the past. There does not appear to be a reasonable alternative. The owner would be making another significant investment in the property, which would improve the property and the neighborhood, and improve the drainage situation. Staff recommended approval, subject to the conditions listed in the planning.report. Mr. Timothy Glum, 5307 Pennsylvania Avenue North, came forward to answer questions of the Commission. Commissioner Svendsen extended appreciation to the petitioner for including the suggestions of the Design & Review Committee in the revised plans. Svendsen reiterated that the existing garage and foundation would be removed, a grading plan was submitted showing the drainage, the retaining wall and drain tile plans demonstrate how the water would be directed toward the street, a narrative was-supplied stating that building materials would match the existing house. The Design & Review Committee had discussed sloping at the north side of the driveway to go around the oak tree in the front yard. Svendsen asked for clarification on the elevation of the ground between the retaining wall and the garage and whether or not the ground would be swaled or left fiat and rely on the drain tile to remove the water. Glum stated a small swale would be utilized and the drain tile would be centered in the area and covered with landscape rock. Glum confirmed that gutters would be installed on the garage. Svendsen thanked the petitioner on providing a certificate of survey with the application. Commissioner Oelkers questioned what type of landscaping would be accomplished between the garage and the retaining wall. Glum responded that river rock would be used. Oelkers suggested that Glum work with the Building Official on the installation of the drain tile. Glum stated that he planned to put river rock around the drain tile, put netting over it, and then rock over the top of that to the end of the retaining wall. Commissioner Hemken asked whether there would be a firewall between the house and garage and Glum confirmed there would be a 5/8" firewall installed. Hemken questioned why a rear garage door would be installed. Glum replied that with the reduced side yard he would need wider access to the back yard. Additional landscaping would be completed where the old garage was, such as sodding. There was some discussion on reducing the width of the garage to avoid the need for a variance; however, the consensus was that an 18-foot wide garage would be too narrow for two vehicles. Chairman Sonsin asked whether anyone in the audience wanted to address the Commission. Planning Commission Meeting 3 October 3, 2000 Ms. Sue Alger, 5301 Pent"sylvania Avenue North, came forward and stated she was the property owner on the south. Alger asked for clarification on the retaining wall location and the drainage concerns on the properties. Oelkers responded that the location of the retaining wall would be entirely on Glum's property and explained the problems with the drainage of the water on Glum's property and the adjacent properties to the north and south. The retaining wall would extend approximately 12 feet past the rear of the new garage. Algers requested clarification on why a variance would be allowed and Chairman Sonsin explained the purpose of setbacks on a property, situations where a variance was appropriate, and the reinvestment principals of the Comprehensive Plan. Kramer pointed out that if a retaining wall had not been proposed he would have a concern with the rainwater coming off the roof of the garage onto the neighboring property. The retaining wall should contain that runoff from being a problem for the property to the south. Hemken questioned whether there would be additional landscaping or something else that the petitioner could do that would make her more comfortable with the demolition of the old garage and the construction of a new garage. Algers responded that she had not thought that through at this time. MOTION Item 4.1 Motion by Commissioner Svendsen, secOnded by Commissioner Landy, to approve Planning Case 00-15, Request for a Two-Foot Variance to the Side Yard Setback Requirement to Allow Construction of a Two-Car Attached Garage Three Feet From the Property Line, 5307 Pennsylvania Avenue North, Timothy.~and Arnetta Glum, Petitioners, subject to the following conditions: 1. The existing detached garage must be completely removed, including the foundation. 2. Grading and drainage issues are subject to City Engineer review and approval. No letter of credit required. 3. A gutter and downspout must be installed on the west side of the proposed garage to direct water toward the street. 4. The attached garage exterior building materials must match those of the existing house. 5. The driveway must taper beginning at a point 20 feet from the garage and continuing to the street in order to reduce the driveway pavement area and provide a green area on the south side of the driveway for water infiltration. 6. If the height of the proposed retaining wall along the south property line is four feet or greater in height, the design of the wall must be approved by the City Engineer. Voting in favor: Anderson, Brauch, Green, Oelkers, Sonsin, Svendsen Voting against: None Absent: None Motion carried. Hemken, Kramer, Landy, Sonsin stated that the City Council would consider this planning case at its October 9 meeting and asked that the petitioner attend that meeting. Design & Review Committee Item 5.1 Svendsen reported that the Design & Review Committee had met with the petitioner in September. McDonald noted that the application deadline was October 13 for the November meeting and no pre-application meetings were Planning Commission Meeting 4 October 3, 2000 Codes & Standards Committee Item 5.2 OLD BUSINESS Miscellaneous Issues NEW BUSINESS ANNOUNCEMENTS ADJOURNMENT scheduled at this time. Landy reported that the Codes & Standards Committee had not met. McDonald reported that the City Council was continuing its review of the Zoning Code and gave a short update on the progress. Svendsen pointed out that there were a lot of cement trucks utilizing 36t~ Avenue as a thoroughfare to Highway 169 for the Highway 100/36th Avenue project in Crystal and wondered if that was an approved route. McDonald stated he would check with the Director of Public Works on whether the truckers had permission to utilize 36th Avenue through New Hope. Kramer initiated discussion on the townhome project at 49th and Winnetka and the fact that there were a lot of weeds and dirt piles that made the whole site look junky. McDonald stated that he would contact the developer. Discussion ensued on the quality of construction of the townhomes. Oelkers commented on the proposed floor plan for the city-owned property on Flag Avenue. He stated he felt an updated floor plan with a basement would sell faster. Motion was made by Commissioner Landy, seconded by Commissioner Svendsen, to approve the Planning Commission minutes of July 11, 2000. All voted in favor. Motion carried. City Council/EDA minutes were reviewed. McDonald reported that elections would be held on November 7, the next regular meeting night, and a meeting could not be held. If a meeting would be required for November, it Was the consensus of the Commission to hold the meeting on Wednesday, November 8. The Planning Commission' meeting was unanimously adjourned at 7:47 p.m. ~, ectfully submitted, Recording Secretary Planning Commission Meeting 5 October 3, 2000 City Council Minutes Regular Meeting CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 January 8, 2001 City Hall, 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OATH OF OFFICE Item 3.1 APPROVAL OF MINUTES OPEN FORUM ROTATING VOTES CONSENTAGENDA The New Hope City Council met in regular session pursuant to due call and notice thereof; Mayor Enck called the meeting to order at 7:00 p.m. The City Council and all present stood for the Pledge of Allegiance to the Flag. Council Present: W. Peter Enck, Mayor Don Collier, Mayor Pro tem Sharon Cassen, Councilmember Mary Gwin-Lenth, Councilmember Pat LaVine Norby, Councilmember Staff Present: Dan Donahue, City Manager Ken Doresky, Community Development Specialist Guy Johnson, Director of Public Works Valerie Leone, City Clerk Kirk McDonald, Director of Community Development Steve Sondrall, City Attorney City Clerk Valerie Leone administered the oath of office to Mayor W. Peter Enck, and Councilmembers Sharon Cassen, Don Collier, and Mary Gwin-Lenth. Motion was made by Councilmember Cassen, seconded by Councilmember Collier, to approve the Regular Meeting Minutes of December 11, 2000. Voting in favor: Cassen, Collier, Gwin-Lenth. Abstained: Enck, Norby. Motion carded. Motion was made by Councilmember Cassen, seconded by Councilmember Collier, to approve the Special Meeting Minutes of December 18, 2000. Voting in favor: Enck, Cassen, Collier. Abstained: Norby, Gwin- Lenth. Motion carried. Mr. Henry Roberts, 4632 Hillsboro Avenue North, was recognized. He spoke against the recent tax increase due to the conversion of special assessments to a dedicated street infrastructure fund. Mr. Melvin Ohman, 4021 Nevada, also spoke against the tax increase. He commented that his market value has increased dramatically over the past six years. Mayor Enck thanked the gentlemen for their comments. Please note that votes taken on each agenda item are called by the secretary on a rotating basis; however, the written minutes always list the Mayor's name first followed by the Councilmembers in alphabetical order. Mayor Enck introduced the consent items as listed for consideration and stated that all items will be enacted by one motion unless requested that an item be removed for discussion. Item 6.15 was removed for discussion later in the meeting. New Hope City Council Page 1 January 8, 2001 MOTION Consent Items BUSINESS LICENSES Item 6.1 FINANCIAL CLAIMS Item 6.2 RESOLUTION 01-01 Item 6.4 RESOLUTION 01-02 Item 6.5 WEED INSPECTOR Item 6.6 RESOLUTION 01-03 Item 6.7 RESOLUTION 01-04 Item 6.8 RESOLUTION 01-05 Item 6.9 RESOLUTION 01-06 Item 6.10 BOARD OF REVIEW Item 6.11 RESOLUTION 01-07 Item 6.12 RESOLUTION 01-08 Item 6.13 RESOLUTION 01-09 Item 6.14 RESOLUTION 01-10 Item 6.16 IMP. PROJECT 681 Item 6.17 RESOLUTION 01-11 Item 6.18 Motion was made by Councilmember Norby, seconded by Councilmember Gwin- Lenth, to approve all remaining items on the Consent Agenda. All present voted in favor. Motion carried. Approval of Business Licenses for 2001. Approval of Financial Claims Through January 8, 2001. Resolution Appointing City Attorney. Resolution Appointing Bonestroo, Rosene, Anderlik and Associates as City Engineer for Sewer, Water, Street, Storm Sewer Projects, and General Work. Appointment of Assistant Weed Inspector for 2001. Resolution Re-Appointing City Manager as Director to the HRG Board for a Term Expiring December 31,2001. Resolution Appointing New Hope - Golden Valley Sun Post as Official Newspaper for City of New Hope. Resolution Designating Marquette Bank N.A. as Depository for Payroll Account and General Funds of the City of New Hope. Resolution Designating Depositories for Funds of the City of New Hope Relative to Investments. Approval of May 3, 2001 (7:00 p.m.) as Date for Local Board of Review. Resolution Approving Master Group Contracts Between Medica and the City of New Hope for Medical Insurance. Resolution Establishing 2001 Compensation Plan for Non-Union Employees. Resolution Ratifying the Labor Agreement for 2001 - 2003 Between Law Enforcement Labor Services, Inc. and the City; Authorizing Mayor and Manager to Sign. __ - Resolution Approving Agreement with Cenaiko Expositions, Inc., to Provide Booths for the 2001 Northwest Suburban Remodeling Fair (Improvement Project No. 514). Motion to Accept Improvement Project No. 681 (Northwood Park Trails - West Side) to Hardrives Inc. and Approve Final Pay Request in the Amount of $17,378.20. Resolution Authorizing Execution of Grant Agreement Between the City of New Hope and the Minnesota Department of Public Safety, Office of Drug Policy and Violence Prevention, for a Justice Training Partnerships Grant. New Hope City Council Page 2 January 8, 2001 RESOLUTION 01-12 Item 6.19 RESOLUTION 01-13 Item 6.20 RESOLUTION 01-14 Item 6.21 RESOLUTION 01-15 Item 6.22 PUBLIC HEARING Item 7.1 Resolution Authorizing Change Order to TSP One Architectural Contract by Increasing Contract Amount (City Project No. 671). Resolution Accepting Easements for 1997 Backyard Drainage Project, City Project No. 583. Resolution Accepting Easement for 1999 Infi'astructure Project, City Project No. 648. Resolution Awarding the Contract for the Sale and Removal of House at 5532 Winnetka Avenue North (Improvement Project No. 670). Mayor Enck introduced for discussion Item 7.1, Public Hearing Continued - Amended Resolution Establishing Findings of Fact Relating to Revocation of Conditional Use Permit to Allow Outdoor Storage and/or Rental of Vehicles at 4904 Winnetka Avenue North (Planning Case No. 99-14). Mr. Kirk McDonald, Director of Community Development, stated this is a continuation of the October 23, 2000, public hearing to consider the revocation of the conditional use permit to allow outdoor storage and/or rental of vehicles at 4904 Winnetka Avenue North. He explained that the CLIP was originally granted in September of 1999 subject to a number of conditions including the installation of landscaping, completion of certain building improvements, limited outdoor storage area, etc. The applicant failed to comply with many conditions in a timely manner. Due to the fact that the conditions of the original conditional use permit have not been complied with, staff recommends that the CUP for the rental of U-Haul vehicles at this property be revoked. Mr. McDonald acknowledged that a representative from U-Haul is in attendance at tonight's hearing. The Council asked the City Attorney to explain the timeline for requiring removal of the vehicles if the CUP is revoked. Mr. Steve Sondrall, City Attorney, indicated that five to ten days appears reasonable; but that staff would coordinate these details with the property owner. Councilmember Gwin-Lenth inquired whether the owner could apply for a CUP at a later date. Mr. Sondrall con£mned that this is possible after a certain-period of time has passed. Mr. Gordon Bobbe, representative of U-Haul, indicated the equipment is owned by U-Haul and relocation can be expedited; however, he requested a minimum of 10- 20 days in order to accommodate area customers who have already booked equipment rental. Mayor Enck assured him that staff would work with them to reach a reasonable deadline. The City Attorney pointed out that there was an error in the original notice stating a public hearing date of January 11 rather than January 8, 2001. He stated a corrected notice was mailed to both the property owner and tenant. New Hope City Council Page 3 January 8, 2001 CLOSE HEARING Item 7.1 RESOLUTION 01-16 Item 7.1 ACTING MAYOR Item 10.1 RESOLUTION 01-17 Item 10.1 CIVIL DEFENSE BOARD Item 10.2 RESOLUTION 00-18 Item 10.2 BCWC REPRESENTATIVE Item 10.3 Motion was made by Councilmember Cassen, seconded by Councilmember Norby, to close the public hearing. All present voted in favor. Motion carried. Councilmember Collier introduced the following resolution and moved its adoption: "AMENDED RESOLUTION ESTABLISHING FINDINGS OF FACT RELATING TO REVOCATION OF CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AND/OR RENTAL OF VEHICLES AT 4904 WINNETKA AVENUE NORTH (PLANNING CASE NO. 99-14)". The motion for the adoption of the foregoing resolution was seconded by Councilmember Gwin-Lenth, and upon vote being taken thereon, the following voted in favor thereof: Enck, Cassen, Collier, Gwin-Lenth, Norby; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. Mayor Enck introduced for discussion Item 10.1, Resolution Appointing Acting Mayor. Councilmember Norby suggested rotating this position annually among members of the Council. It was noted that Councilmember Norby served as Acting Mayor in 1999 and that Councilmember Collier served in year 2000. The Council unanimously recommended the appointment of Councilmember Sharon Cassen to serve as Acting Mayor for year 2001. Councilmember Norby introduced the following resolution and moved its adoption: "RESOLUTION APPOINTING COUNCILMEMBER CASSEN AS ACTING MAYOR". The motion for the adoption of the foregoing resolution was seconded by Councilmember Gwin-Lenth, and upon vote being taken thereon, the following voted in favor thereof: Enck, Cassen, Collier, Gwin-Lenth, Norby; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. Mayor Enck introduced for discussion Item 10.2, Resolution Appointing a Councilmember to the Civil Defense Board. It was recommended that the Acting Mayor hold this position on the Civil Defense Board. Councilmember Collier introduced the following resolution and moved its adoption: "RESOLUTION APPOINTING COUNCILMEMBER CASSEN TO THE CIVIL DEFENSE BOARD". The motion for the adoption of the foregoing resolution was seconded by Councilmember Norby, and upon vote being taken thereon, the following voted in favor thereof: Enck, Cassen, Collier, Gwin-Lenth; Norby, and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. Mayor Enck introduced for discussion Item 10.3, Resolution Appointing Vince VanderTop as New Hope's Representative to the Bassett Creek Watershed Management Commission. Mayor Enck pointed out that a change in state law now prohibits city employees from serving as watershed representatives. Presently, Guy Johnson is serving as the City's Representative and Dan Donahue is serving as the Alternate Representative. New Hope City Council Page 4 January 8, 2001 RESOLUTION 01-19 Item 10.3 WATERSHED REPRESENTATIVES APPOINTMENTS TO WEST METRO FIRE BOARD OF DIRECTORS Consent Items Removed- 2001 PARK & REC FEES RESOLUTION 01-20 Item 6.15 The Council unanimously supposed the appointment ofVince VanderTop. Councilmember Gwin-Lenth introduced the following resolution and moved its adoption: "RESOLUTION APPOINTING VINCE VANDERTOP AS NEW HOPE'S REPRESENTATIVE TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION". The motion for the adoption of the foregoing resolution was seconded by Councilmember Cassen, and upon vote being taken thereon, the following voted in favor thereof: Enck, Cassen, Collier, Gwin-Lenth; Norby, and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. Mayor Enck initiated discussion regarding the other watershed positions which are expiring January 31,2001. Councilmember Gwin-Lenth volunteered to serve as the Alternate Representative on the Bassett Creek Watershed Management Commission; and Sharon Cassen agreed to serve as Alternate Representative on the Shingle Creek Watershed Management Commission. The Council agreed to re-appoint Mark Hanson as Representatie on the Shingle Creek Watershed Management Commission. Motion was made by Mayor Enck, seconded by Councilmember Collier, to: Appoint Counciimember Gwin-Lenth to serve as Alternate Representative on the Bassett Creek Watershed Management Commission > Appoint Councilmember Cassen to serve as Alternate Representative on the Shingle Creek Watershed Management Commission Re-appoint Mark Hanson as Representative on the Shingle Creek Watershed Management Commission. All present voted in favor. Motion carried. Mayor Enck sought nominations for Council representation on the West Metro Fire Board of Directors. He stated Councilmember Norby and he have held the two positions with terms that expired December 31, 2000. Councilmember Norby spoke highly of the Board and expressed the merit of rotating this position. Subsequently, she nominated Councilmember Collier. Motion was made by Councilmember Norby, seconded by Councilmember Collier, to appoint Councilmember Collier and re-appoint Mayor Enck for two-year terms as Council Representatives on the West Metro Fire Board of Directors. All present voted in favor. Motion carried. -- - Mayor Enck reported that a citizen appointment is also necessary as Jerry Pedlar is not seeking re-appointment as a citizen representative on the Board. Mayor Enck introduced for discussion the item that was removed fi.om the Consent Agenda: Item 6.15, Resolution Establishing 2001 Fees and Charges for Park and Recreation Programs. Councilmember Collier reminded the community of the availability of confidential f'mancial scholarships for park and recreation programs. He pointed out that donations from civic organizations make the scholarship funds possible. Councilmember Collier introduced the following resolution and moved its adoption: "RESOLUTION ESTABLISHING 2001 FEES AND CHARGES New Hope City Council Page 5 January 8, 2001 CONTRIBUTION Item 12.1 MOTION Item 12.1 COMMUNICATIONS Item 12.2 ADJOURNMENT FOR PARK AND RECREATION PROGRAMS". The motion for thc adoption of the foregoing resolution was seconded by Councilmember Casscn, and upon vote being taken thereon, the following voted in favor thereof: Enck, Cassen, Collier, Gwin-Lenth; Norby, and the following voted against thc same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. Mayor Enck introduced for discussion Item 12.1, Acceptance of Contribution of $200 from New Hope Women of Today for the Parks and Recreation Department Scholarship Fund. The Council expressed appreciation to the Women of Today for their on-going commitments to the community. Motion was made by Councilmember Cassen, seconded by Councilmember Gwin- Lenth, to accept the contribution of $200 from New Hope Women of Today for the Parks and Recreation Department Scholarship Fund. All present voted in favor. Motion carried. Mayor Enck introduced for discussion Item 12.2, Exchange of Communication between members of the City Council. Motion made by Mayor Enck, seconded by Councilmember Collier, supporting endorsement of CriMNet system and fimding. Approved. > Distributed report on results of Mayors Task Force on Housing (two notable items relating to New Hope - sustainable streets and remodeling plan book) Acknowledged e-mail from Maurice Mickelson regarding snowplowing services Invited members of Council to join him and City Manager at the January 9th Government Advisory Council with School District 281 Dedication of Cooper Gyms will be held January 9 at 2:30 p.m. Counciimember Collier Updated Council on issues discussed at January 6th legislators and northwest area councilmembers and staff Councilmember Norby > Remarked that crows are becoming problematic City Manager Donahue meeting with local Teambuilding session with Council and senior staff will be held January 13 Council afYumed that they would support holding work sessions on third Monday of each month Future work session topics include f'malization of zoning code and discussion on inflow and infiltration findings City Manager's performance evaluation for 2000 will be conducted February Motion was made by Councilmember Cassen, seconded by Councilmember Collier, to adjourn the meeting, as there was no further business to come before the Council. All present voted in favor. Motion carried. The New Hope City Council adjourned at 7:51 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope City Council Page 6 January 8, 2001