Loading...
2 Reorganization Issues CITYOF CHAN EN 690 Cig Center Drive, PO Box I47 Chanhassen, Min,esota 55317 Phoue 612.937.1900 General £,x 612. 937.5739 Engineering Fax 6IZ 937.9152 ?ublic $~0' Fax 612.934.2524 Web wwu:ci, cha,bassen, m,. us MEMORANDUM TO: FROM: DATE: SUB J: Mayor and City Council Todd Gerhardt, Acting City Manager January 28, 1999 Reorganization Issue City council and staff plans to sit down at 6:30 p.m. to discuss and brainstorm ideas regarding potential reorganization issues at city hall. I plan on presenting two options at Monday night's meeting. Included as part of these reorganization issues is how the Board of Adjustments and Appeals will be assigned. Attached is staff's survey of how area communities hear variance requests. ATTACHMENT 1. Board of Adjustments Survey. g:\admin\tg\boasurvey.doc The City o£ Chanhassen. A erowing community with clean lakes, aualitv schools, a cha~rnin~ downtown, thriving businesses, and beauti~d oarks. A ~reat olace to live. work. and olay. CITYOF 690 Ci{y Center Dfive, £O Box 147 Chanhassen, Minnesota 55317 Phone 612.93Z 1900 General Fax 612937.5739 £ngi,eedng Fax 612.93Z 9152 ?~tblic Safeq Fax' 612.934.2524 Web www. ci.d~anhasse,.mn.,s MEMORANDUM TO: Todd Gerhardt, Acting City Manager FROM: Cynthia Kirchoff, Pl.anner I DATE January28,1999 SUB J: Board of Adjustments and Appeals The City Council has requested that staff contact other communities to determine what body hears variance requests. Andover, Anoka, Bloomington, Minnetonka, Plymouth and Shakopee were contacted. In all of the cities, the planning commission hears variance requests. In all but Shakopee and Minnetonka the council must approve the request. Relevant ordinances from Plymouth and Shakopee are located in Attachment 2. ATTACHMENTS 1. Chanhassen City Code Section 20-28. Board of Adjustments and Appeals 2. Plymouth and Shakopee Board of Adjustment ordinances The Gty o£ Cha,hassen. A o'owin¢ community with clean lakes, aualitv schools, a cha,,ine downtow,, thrivin~ businesses, and beauti~d oarks. A ~reat dace to live, work. a,d oI~ '§ 20-28 CHANHASSEN CITY CODE Sec. 20-28. Board of adjustments and appeals. (a) There is created a board of adjustments and appeals which shall consist of three (3) xegular members and one (1) alternate member all of whom shall be appointed by the city council. Three (3) members of the board shall constitute a quorum. The alternate member may vote only ifa regular member is absent from the board meeting. The board shall serve without ~:ompensation. Its members shall serve a term of one (1) year beginning on the first day of Jan,_,_-ry or until their successors are appointed. The board shall select one (1) of its members as chairperson and appoint a secretary who may, but need not, be one (1) of its members. Co) Pursuant to Minnesota Statutes section 462.357, subdivision 6. The board shall have the following powers: Supp. No. 8 1158.10 ZONING § 20.29 (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city employee in the administra- tion of this chapter. 12) To hear requests for variances from the provisions of this chapter which are not made in conjunction with platting, site plan review, conditional use or interim use permit. application. (Ord. No. 80, Art. III, § 1, 12-15-86; Ord. No. 131, § 1, 7-9-90) State law reference-Board of adjustment and appeals, M.S. § 462.354, subd. 2. Sec. 20-29. Board of adjustments variance and appeal procedures. (a) Form; fee. Appeals and applications for variances shall be filed with the zoning ~dministrator on prescribed forms. A fee, as established by the city council, shall be paid upon the filing of an application. The board of adjustments and appeals may waive the application fee in unusual circumstanceso (b) Hearing. Upon the filing of an appeal or application for variance, the zoning adminis- trator shall set a time and place for a hearing before the board of adjustments and appeals on such appeal or application, which hearing shall be held within thirty (30) days after the filing of said appeal or application. At the hearing the board shall hear such persons as wish to be heard, either in person or by attorney or agent. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the person who filed the appeal or application for variance, and, in the case of an application for variance, to each owner of property situated wholly or partially Within five hundred (500) feet of the property to which the variance application relates~ The names and addresses of such owners shall be determined 'by the =oning administrator from records provided by the applicant~ (c) Decisions of the board. The board shall be empowered to decide appeals and grant wariances only when the decision of the board is by a unanimous vote. A simple majority vote or split vote by the board shall serve only as a recommendation to the city council, who shall then make the final determination on the appeal or variance request within thirty (30) days ~ffter receipt of the board's action. The board shall act upon all appeals and variance requests within fifteen (15) days after the date of the close of the required hearing. {d) Appeal from decisions of board. A city council member, the applicant, or any aggrieved person may appeal such decision to the city council by £fling an appeal, with the zoning administrator within four (4) days after the date of the board's decision° (e) Council action. 'By majority vote, the city council may reverse, affirm or modify, wholly or partly, the decision appealed from the board, and to that end' the city council shall ~have all the powers of the board. The council shall decide all appeals within thirty (30) days after the date of the required hearing thereon. .(f) Action wit. hout-decisior~ tf~o decision is transmitted by the board to the city council within sixty (60) clays from the date an appeal or variance request is filed with the zoning Supp. No. 3 1159 JAN-26-1999 §1 13:52 612 445 6718 P.02/05 SEC. 11.82. PLANNING COMMISSION. Subd. t. Powers and Dufie._s. The Planning Commission shall provide assistance to the City Council in the administration of this Chapter, and shall review all matters referred to them, including land acquisitions and dispositions, and capita! improvements. The Planning Commission shall review and hold public hearings on all applications for official mapping requests, comprehensive plan amendments, and zoning ordinance amendments using the criteria set forth in this ordinance. _S. ubd. 2.. Actions. The Planning Commission shall make recommendations to the City Council on items before it within a reasonable time or such time as shall be presorfbed by statute or ordinance. Failure by the Planning Commission to make a recommendation within the required period shall be deemed to be a denial if the delay is appealed by the applicant. The Planning Commission may condition its recommendation in order to effe~ the intent of this ordinance. The Planning Commission shall accompany its recommendation to deny an application with a statement of its findings regaling the matter, Subd. 3. City Cou_n..c_J_l_.Revlew. The City Council may adopt, modify or reject the recommendation of the Planning Commission by vote of a simple majority of those present, unless otherwise required by statute or this ordinance. Sub_d.,__4..., La_nd__Accluisittons and Dispositions, and Capital ,improvements. Prior to the acquisition or disposition of a publicly owned interest* in real property within the City, or the authorization of any capital improvement, the Planning Commission shall reviewed the proposed acquisition, disposition, or capital improvement for compliance with the Comprehensive Plan. This requirement applies to proposed acquisition, dispositions, and capital improvements by the City or a special district or agency thereof, or any other political subdivision which has jurisdiction 'within the City. The Planning Commission shall report its findings in writing to the appropriate City, district, agency, or political subdivision within 45 days. Failure of the Planning Commission to report on the proposal within 45 days, or such other period as may be designated by the City Council, shall be deemed an approval. The City Council may dispense with the requirements of this paragraph when, in its judgment, it finds that the proposal has no relationship to the comprehensive plan. Subd._$. Offic!al Maps. For the purpose of can'ying out the policies of the major thoroughfare plan and the community facilities plan, the Planning Commission may recommend to the City Council a proposed official map coveting all or a part of the City. The Official map shall identify land needed for future public uses. The City Council may, after holding a public hearing, adopt and amend the official map by ordinance. A notice of the time, place and purpose of the hearing shall be published in the official newspaper at least ten days prior to the date of the heating. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. The accuracy of the future acquisition lines shall be attested to by a registered land surveyor. After adoption, a copy of the official map, or sections thereof with a copy of the adopting ordinance attached, shall be filed with the County Recorder. Subd. 6. Comprehensive Plan. The Planning Commission may recommend to the City Council the adoption and amendment from time to time of a comprehensive plan. The comprehensive plan may be prepared and adopted in sections, each of which relates to a major subject of the plan or to a major geographical section of the City. The City Council may propose the comprehensive plan and amendments to it, by resolution submitted to the Planning Commission. 1404 Before adopting the comprehensive plan or any section or amendment of the plan, the Planning' Commission shall hold at least one public hearing thereon. A notice of the time, place and purpose of the hearing shall be published once in the official newspaper of the City at least ten days before the day of the hearing. A proposed comprehensive plan or an amendment to it may not be acted upon by the City Council until it has received the recommendation of the Planning Commission or until 60 days have elapsed from the date an amendment proposed by the City Council has been submitted to the Planning Commission for its recommendation. The City Council may by resolution by a two-thirds vote of all its members adopt and amend the comprehensive plan or portion thereof. (Ord. 251, August 26, 1988; Ord. 337, July 23, 1992; Ord. 377, July 7, 19 4) SEC..11.83. ZONING ORDINANCE AMENDMENTS. .S, ubd. 1. Initiation, An amendment to the zoning ordinance may be initiated by the City Council, by the Planning Commission, or by application from an affected property owner. Amendments may be in the form of changes to the text of the zoning ordinance or changes to the zoning map. All amendments shall promote the public health, safety, and welfare and be consistent with the comprehensive plan. Sub.d, :~. Criteria for G.ranfl. nq a zonin~:l Ordinance Amendment~ The City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists: A, that the odginal zoning ordinance is in error; B, that significant changes in community goals and policies have taken place; that significant changes in City-wide or neighborhood development patterns have occurred; or D. that the comprehensive plan requires a different provision. An amendment involving a planned unit development or a floodplain overlay zone also must meet the criteria set forth below for that zone. Subd. 3. Application for Change to Zonin_q..Map~ An application for a change to the zoning map may be made by the owner of the property, and shall be submitted to the Zoning Administrator on forms provided I~y the City, The application shall be accompanied by the following: a map or plat of the property and the land within 350 feet thereof; a list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the property as such appear on the records of the Scott. County Recorder, C. evidence of ownership or an interest in the property; the fee. When the request is for the addition ar deletion cf an overlay zone, the Zoning Administrator may request that the applicant deposit an additional amount up -te.$~ ~000:00 forplanning, engineering, adrninistmtive, and legal expenses incurred by the City for the review and processing of the application, if the Zoning Administrator 1405 ~N-26-1~9~ ~:5~ 61~ 4~5 6718 P~04/05 §11.84 B. Shoreland Overlay Zone. A copy of any approved zoning amendment affecting land within the shoreland overlay zone shall be sent to the Commissioner of the MJn.nesota Depaffment of Natural Resources within 10 days after final action or approval Subd._6. Real31311cation_. No amendment which is denied wholly or in part by the City Council shall be resubmitted for a period of slx (6) months from the date of denial, except on grounds of new evidence or change of conditions. Subd. 7~_Amendment tp the Comprehensive Plan. Any amendment to the zoning' map granted by the City Council Shall automatically amend the Comprehensive Plan. _S_ubd. 8. (Deleted, Ord. 480, April 24, 1997) Subd. 9. '..Sr~eclal Pro_v. tsions for_F_!_oodp_!ain Overlay Zones. In addition to the oriteria required for any change to the ~;~-n[ng map, all of the following criteria must be found to exist for before the floodplain overlay zone can be removed from any land: A. any one of the following conditions is satisfied: the odginal map was in error;, the area has been filled to or above the elevation of the regional flood and Is contiguous to lands outside the floodplain; or the Commissioner of the Department of Natural Resources has granted a special exception to this rule because the Commissioner determined that, through other measures, lands are adequately protected for the intended use; the amendment has been submitted to and approved by the Commissioner of the Department of Natural Resources; and the amendment meets the Federal Emergency Management Agency technical conditions and criteria, and has received the approval of the Federal Emergency Management Agency. (Ord. 31, October 25, 1979; Ord. 246, June 17, 1988; Ord. 377, July 7, 1994) SEC. 1'1.84, BOARD OF ADJUSTMENT AND APPEALS. Subd. 1. Powem and Duties. The Board of Adjustment and Appeals shall have the following powers and duties: A. to hear requests for conditional use permits; Bo to hear requests far variances which are not closely related to a land use application requiring consideration by the Planning Commission and City Council; tO hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Administrator or any other person in the enforcement of this Chapter;, 1407 61~ 445 6718 §11.84 D. to hear and decide requests for expansion of an existing use or structure,' reconstruction of a partially destroyed structure, constru~on of a new structure, or other intensification of a Type B nonconformity, as set forth in Sec. 11.91 of this Chapter;, and to hear requests for shared parking plans, cooperative pa~dng plans, and shared driveways. Subd,..,2.~meedures. The Board of Adjustment and Appeals shall conduct a public hearing on ~i -conditional use penllits, variances, and appeals before it. Notioe of the public hearing shall I~e published in the official newspaper once at least 10 days before the hearing, Any matter fnvolving a variance also shall require mailed notice at least 10 days before the hearing to the applicant and the owners of all property located wholly or partially within 350 feet of the property for which the variance is requested. The Board shall within a reasonable time make a decision regarding any matter before it by adopting findings and shall serve a copy of its decision upon the applicant by mail. Subd. 3. Combi_ne_d_ Parkin; Facilities. The Board of Adjustment and Appeals shall review applications for shared parking plans and cooperative parking plans for compliance with the requirements of See. 11.61 of this Chapter. The Board shall approve a shared parking plan or a cooperative parking plan when it finds that such parking plan provides sufficient parking to meet the intent of this Chapter, and is not detrimental to the owners and occupants of the surrounding property. .S.ub.d..4,. Sham. d__D_t[ve.w_ay_s_._ The Board of Adjustment and Appeals shall review applications for shared driveways for compliance with the requirements of Sec. 11.62 of this Chapter. The Board shall approve a shared driveway when it finds that the application meets the intent of this Chapter and is not detrimental to the owners and occupants of the affected property. (Ord. 377, July 7, 1994) (The ne~ page is t431.) page ~ ~ 1~7 1408 12:19 PLYMOUTH COMMUNITY DEUELOPMENT PLYMOUTH ZONING OP-.DINANCE SECTION 21030 - ADMINISTRATe[ON - VARIANCE~S 21030.01. PURPOSE: The purpose of this section is to provide for deviations from the literal provisions of this Chapter in instances where their strict entbrcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter. 21030.02. BOARD OF ZONING ADJUSTMENTS AND APPEALS: Subd. 1. Board Designation. The City Council shall act as the Board of Zoning Adjustments and Appeals. 21030.03. REViEW CRITERIA: Subd, 1, The Board and Zoning Administrator shall not approve any variance application (major or minor) unless they find failure to grant the variance will result in undue hardship on the applicant, and, as may be applicable, alt of the following criteria have been met: (a) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (b) That the conditions upon which a petition for a variation is based are urfique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification, (c) That the purpose of 'the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. (d) That the alleged difficulty or hardship is caused by this Chapter and has not been created by any persons having an interest in the parcel of land and is not a self- created hardship. (e) That the granting of the variation will not be detrimental to the public welfare ' d or injurious to other land or improvements in the ne~ghborhoo in which the parcel of land is locatecl. 21030-1 01726/99 12:19 PLYMOUTH COMMUNITY DEUELOPMENT a 993?5?39 N0.014 PLYMOUTH ZONING ORDINANCE (f) That {:he proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. (g) That the requested variance is the minimum action required to eliminate the hardship. 21030.04. PROCEDURES: Purs'uan£ to Minnesota Statutes 15,99, an application for a variance shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty (60) days unless this limitation is waived by the applicant. Additional City requkements are as follows: Subd. 1. Classifications, (a) Minor Variance. (1) Purpose. The purpose of this section is to provide for an expeditious method of processing variance requests which are defined as minor. (2) Qualification. a. Cases where hardship to existing buildings or platted property are created as a result of public action or change in ordinance standards. b. Structure or setback deviations which are characteristic of and coimnon to neighboring uses and which do not exceed a twenty-five (25) percent departure from any standard of this Chapter as applied to a specific piece of property. c. A minor variance procedure shall not be applicable or include any proposals involving signage, fencing, shoreland, wetland, or floodplain. (b) Major Variances. All variances which are not classified as "minor" shall be deemed "major" variances. Subd. 2. Processing. (a) Minor ¥~rrfimces. (1) Requests for a variance shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as 21030-2 01/~?/99 08~41 PL¥~UYH COHHUN~T¥ D~LO~H~N~ ~ 99~?~?~9 N0.001 ~0~ PLYMOUTH ZONING ORDINANCE set 'forth by the City Code. This tee shall not be refunded. The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the ibllowing: a. A written description of the request for the minor variance, including an explanation of compliance with 'the variance criteria set forth in this 'section. b. Supporting materials, as outlined in Section 21045.07 of this Chapter, as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request. (2) The Zoning Administrator shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent .and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. (3) When appropriate, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports. (4) The Board shall grant to the Zoning Administrator the right to approve the minor variance upon determining that thc. criteria outlined in Section 21030.03, Sub& 1 have been satisfactorily met. (5) Notice of such minor variance approval shall be sent by the Zoning Administrator to all adjoining property owners within two hundred (200) feet of the boundary of the property in question. (6) The notice shall specify that any written objections to the approved minor variance be received by the Zoning Administrator within fourteen (14) days of the mailing. If any written objection of a substantive nature is received within Iburteen (14) days and is unresolved between the author and the Zoning Administrator, the final approval of the requested minor variance, as well as any minor variance which is rejected by the Zoning Administrator, shall be referred to the Board and proceed according to the provisions of Section 21030.04,, Subd. 2.(b) of this Chapter. (b) Major Variances. ~(t) 'Requests for a major variance .shall be filed with .the Zo.'.aing Administrator on an official application form, Such application shall be accompanied by a fee as set forth by the City Code. This fee shall not be refunded. The application shall be considered as being officially submitted 21030-3 01/27/09 08:41 PLYMOUTH COItMUNITY DEUELOPMENT a 993?5?39 N0.001 Q03 PLYMOUTH ZONING ORDINANCE complete when the applicant has complied with all the specified informational requirements, which shall include the following: a. A written description of the request for the major variance, including an explanation of compliance with the variance criteria set forth i.n this section. b. Supporting materials, as outlined in Section 21045.07 of this Chapter, as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request. (2) Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis oi' the application and request, the Zoning Administrator, when appropriate, shall establish a time and place for consideration by the Planning Conunission. At least ten (10) days before the date of the meeting, a written notice of the meeting shall be mailed to the applicant and to all other owners of property located within two hundred (200) feet of the boundaries of the property which is the subject of the application. (3) Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (~) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Board. (5) The Planning Commission and Zoning Administrator shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of 'this Chapter. (6) The applicant or a representative thereof may appear before the Planning Commission in order to present and answer que$tions concerning the proposed request. (7) The Planning Commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the purpose of this Chapter. Such recommendations shall 'be in writing and accompanied by the report and .recommendation-of the City staff. (8) The Board shall not act upon the request until they have received a report and recommendation from the Planning Commission and the City staff or 21030~4 01/27/99 08:41 PLYMOUTH COMMUNITY DEUELOPMENT a S9375739 N0.00t Q04 PLYMOUTH ZONING ORDINANCE until sixty (60) days after the first regular Planning Commission meeting at which the request was considered. (9) Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Manager shall schedule the application for consideration by the Board. Such reports and recommendations shall be entered in and made part of the permanent written record of the Board meeting. (10) Upon receiving the report and recoramendation of the Planning Commission and the City staff, 'the Board shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition they considered necessary to protect the public health, safety and welfare, (11) If, upon receiving said reports and recommendations of the Planning Commission and City staff, the Board finds that specific inconsistencies exist in the review process and thus the final determination of the Board will differ from that of the Planning Commission, the Board may, before taking final action, refer the matter back to the Planning Commission for further consideration. The Board shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action. (12) Approval of a request shall require passage by a majority vote of the entire Board. (13) In granting any major variance under the provisions of this section, the Board shall designate such conditions in connection therewith as will, in its opinion, secur~ substantially the objectives of the regulations or provisions to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare. (14) In all cases where major variances are granted under the provisions of this section, the Board shall, require such evidence and guarantee as it may deem necessary to insure compliance with the conditions designated in connection therewith. (15) The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail. (16) Whenever an application for a major variance has been considered and denied by the Board, a similar application for a variance affecting substantially -the same-property shall not be considered again by the Planning Commission or Board for at least six (6) months from the d~ite of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or Board for an additional six (6) 21030-5 01/27/9c~ 08:41 PLYI"~OUTH COHMUNIT¥ DEUELOPMENT + 99375739 ~,1;-~,001 [P05 PLYMOUTH ZONING ORDINANCE months from the date of the second denial unless a decision to reconsider such matter is made by a majorit3' vote of 'the full Board. 21030,05. APPEAL OF BOARD RULING: Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Board shall have the right to seek review of thc decision with a court of record in the manner provided by the laws of th~ State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced. 21030.06. EXPIRATION: Unless the Board specifically approves a different time when action is officially taken on the request, approvals which have been issued under the provisions of this section shall expire without further action by the Plarming Commission or the Board, unless the applicant commences the authorized use or improvement within one (1) year of the date thc variance is issued; or, unless before the expiration of the one (1) year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including thc renewal fee as set forth ir~ the City Code, The request tbr extension shall state facts showing a good faith attempt to complete or utilize the approval permitted in the variance. A request for an extension not exceeding one (1) year shall, be subject ro the review and approval of the Zoning Administrator. On matters involving a major variance approval, should a second extension of time or any extension of time longer than one (1) year be requested by the applicant, it shall be presented to the Planning Commission for a recormnendation and to the Board for a decision. 21030.07. SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL GUARANTEE: Following the approval of a variance as required by this Section and prior to the issuing of any building permits or the commencing of any work, the applicant as may be applicable shall guarantee to the City the completion of all private exterior amenities as shown on the approved site plan and as required by the variance approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Section 2104:5 of this Chapter. 21030.08. CERTIFICATION OF TAXES PAID: Prior to approving an application for a variance (major or minor), the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the variance application relates. 21030-6 Finance Department · Auditors from Tautges, Redpath LLP were in the week of January 25th for the interim audit. The final audit is sched- uled tobegin the week of May 17. o The finance staff is busy woking out all the kinks in the new financial system. We've had some problems printing payroll checks and notice of deposits, that we now hope has been resolved. We've also resolved some issues with the accounts payable/financial manage- mere system and hope to be printing accounts payable by the end of the week for 1998 and 1999 payables. Park & Recreation Department ~, Todd~Hoffman asked that I respond to a question:from:the.city council regarding flyer distribution. The department's "flyer distribution list" is attached. All programs that are spon- sored solely by the depamnent are advertised in all schools when age appropriate. "Club Mid" is an after school program sponsored by the Cities ofChanhassen, Chaska, Victoria, Community Education 112, and School District 112. The program offers kids the opportunity to join different after school clubs and events. There will be a ski trip going to Afion Alps on Friday, February 19. In this case, flyers have been distributed to District 112 schools only. o On January 22 repairs were made to a broken watermain at the intersection of Pleasant View Road and Powers Boulevard. A portion of the newly constructed retaining wall (1998 trail project) was undermined in order to carry ont the repairs. Soils at the point of repair will settle upon spring'thaw. The Park & Recreation Department is investigating protective measures which could be carried out to help ensure the integrity of the wall. U dates from City Hall--January 27, 1999 Public Safety Department · Wayne Wenzlaffwas recently denied a permit to carry a handgun by the city attorney's office. Wayne was in and spoke with Public Safety about the decision, and has said he will fight to get that decision reversed. · Last week Mark, Greg, Bob and Kerri completed recertification as Emergency Medical Technicians. The 3~day class consisted of practical exams as well as the state written exam. · Recently the Public Safety Dept. was informed that the technology grant applied for by the City of Chaska, Carver County, and Chanhassen was approved. This grant would fund mobile data terminals in Bob, Kerri, and Henry's cars so that they could be on-line with Carver County. When a call is received at Carver County, dispatch would radio our officers with the type of call and address. Our officers would then receive the detailed informa- tion about the call on the computer. The computer would also be used to mn registrations and complete reports. Chanhassen would have to provide a $12,500 match to receive this grant. This was not a 1999 budgeted expense and therefore this item would have to be scheduled for a future city council meeting for consideration. Public Works/Engineering · Test pumping was completed on Well No. 8 on January 25. · A continuation of the TH 212 discussion from the December 7th work session is scheduled for February 16 at 5:00 p.m. Submittal of specific questions/issues which council would like addressed would be helpful in scheduling the appropriate personnel from other agencies and ensuring a productive work session. Please email me (chctyeng~ci.chan- hassen.mn.us) or call me at 937-1900 ext. 156 at your earliest convenience. · Southwest Corridor Transportation Coalition meeting to be held February 12 from 8:00-9:30 a.m. atthe Chanhassen Rec Center to meet with newly appointed commissioner Elwyn Tinklenberg to discuss coalition projects and the new Highway 212 Corridor. Coalition members will also be updated on the MOU designated to coordinate the efforts of regional and local officials to complete the new Highway 212. · Trunk Highway 101 North of TH 5: The preliminary proposals for TH 101 were presented to the Eden Prairie City Council on January 19. It is anticipated that the project management team will be meeting in the near future to discuss details of the public meetings which are expected to occur in the next 30-60 days. · The January 26th ice storm required 3- 4 times the normal salt/sand distribu- tion to maintain safe road conditions. Planning Department · The Southwest Coalition of cities has been meeting to draft an issue paper regarding the governance of the Metropolitan Council. This is an issue ~aper to provide some alternatives including pros and cons. · Attached is a copy of an Informational Packet conceming the Suburban Transit Association. This information was provided by Tom Poul ofMesserli & Kramer and contains sta,istical informa- tion for member transit service providers and Met Council transit service statis- tics. Administration · The city council expressed interest in joining the 1-494 Corridor Commission. Anita requested information from Lisa Raduenz, L JR, Inc. regarding membership and a membership roster. Attached is Mr. Raduenz's response. If the council wishes to join this commission, this item should be placed on a future council agenda. The annual dues are $1,950 (population x 10 cents). Attached is an updated work session schedule. · The bill for First System Technology was hired to "repair" the telemetry system that draws information from all of our 36 utility sites. This item was included in the Five Year Capital Improvement Program for 1998 on page 139, SCADA System annual maintenance. · The bill that stated "siren repair" was not a repair, but was a part of the installation of the sirens. FLYER DISTRIBUTION LIST September 18, 1998 School: Address: Phone: Contact Person: Instructions: Bluff Creek Elementary 2300 Coulter Blvd Chanhassen, MN 55317 470-6915 Karen ,Terri 1 st Thursday of month distribute flyers. Class Sizes: 4th 5~28 K 5th 5~28 1st5~28 6th __ 2aa5~28 7th -- 3rd5~28 xtra 1~28 In Bulk Total: 728 School: Address: Phone: Contact Person: Instructions: Chanhassen Elememary 7600 Laredo Drive Chanhassen, MN 55317 934-5246 Faye or Sue Drop off Monday. Class Sizes: 4th 5 ~ 30 K -- 5th 5 ~ 30 1st 5 ~ 30 6th -- 2aa 5 ~ 30 7th -- 3ra 5 ~ 30 8th -- Go out Tuesday a.m. Total: 750 School: Contact: Phone: School: Contact: Phone: Chaska Middle School-East Darlene,Mary 448-8700 Chaska Middle School-West Kay 448-8611 Class Sizes: East 56~18 West 63~18 Total: 2142 School: Address: Phone: Contact Person: Instructions: Clear Springs Elementary 5701 Highway 101 Minnetonka, MN 55345 934-3993 Can only post flyers. Class Sizes: 4th -- K -- 5th -- 1st __ 6th __ 2nd __ 7th __ 3ra __ 8th __ Total: 10 School: Address: Phone: Contact Person: Instructions: Early Childhood Center 110600 Village Road Chaska, MN 55318 368-3101 Midge,Barb Need flyers on Wednesday Class Sizes: K 13 ~45 K 2~25 6th 7th 8th Total: 635 School: Address: Phone: ContactPerson: Instructions: Excelsior Elementary 441 Oak Street Excelsior, MN 55331 474-2564 'lVIary Landberg Class Sizes: 4th 101 K 102 5th 86 1st 95 6th ~- 2nd 108 7th -- 3~'a 101 8t~ - Total: 593 593 Bulk or 450 for 1 flyer per family School: Address: Phone: Contact Person: Instructions: Jonathan Elementary 110300 Jonathan Blvd. Chaska, MN 55318 448-8720 Sue,Ann Class Sizes: 4th K 5th 1st 5 ~ 30 6th 2[]a 5 ~ 30 7th 3rd 5 ~ 30 xtra Total: 26 packets of 30 in 1 stack/don't separate 5@30 5@30 1@30 78O School: Address: Phone: Contact Person: Instructions: Minnetonka Intermediate 6421 Hazeltine Blvd. Excelsior, MN 55331 906-2509 (district office) Sue Smith Class Sizes: 4th K -- 5th 1st __ 6th 2nd _0 7th 3ra __ 8th Total: School: Address: Phone: Contact Person: Instructions: Minnewashta Elementary 26350 Smithtown Road Excelsior, MN 55331 474-5241 625 Bulk Drop off Mondays & flyers go out Weds. Class Sizes: 4th K 5th 1st 6th 2nd 7th 3rd 8th Total: 625 School: Address: Phone: Contact Person: Instructions: St. Hubert's School 306 West 78th Street Chanhassen, MN 55317 934-6003 Jane Schindler Class Sizes: 4th 2 ~ 30 K 3 ~ 18 5th 2 ~ 30 1st 2 ~ 30 6th 8 2n~l 2 ~ 30 7th ~ 3ra 2 ~ 30 8th 18 Total: 498 School: Address: Phone: Contact Person: Instructions: St. John's Catholic School 680 Mill Street Excelsior, MN 55331 474-5812 Class Sizes: 4th 20 K 30 5th 10 1st 25 6th -- 2nd 25 7th 3rd 25 8th Total: 135 School: Address: Phone: Contact Person: Instructions: Chapel Hill Academy 306 w. 78th Street Chanhassen, MN 55331 974-0813 Annie Bulk - need flyers by 3 p.m. on Thursdays Class Sizes: Total: 200 g:\park\jerry~FlyerDistributionCurrent METROPOLITAN GOVERNANCE A Drctft Issue4'aperfor Consideration by the Minnesota State Legislature INTRODUCTION: This paper was prepared by representatives of the Southwestern Coalition of Governments (the Coalition). The members of the Coalition have not officially adopted this paper, but the members have authorized its distribution to the Legislature in order to spark discussion of the alternatives for metropolitan governance. OVERVIEW: In recent years there has been continued and growing discussion about the need for the Legislature to address perceived shortcomings in the current governance structure for the Twin Cities Metropolitan Area. The discussion has largely been driven by three factors; · The problems that have resulted from continued rapid growth in the counties lying just outside the jurisdiction of the seven-county Metropolitan Council, e The perception that an appointed Metropolitan Council structure is not sufficiently accountable, A desire to limit future "sprawl," and to make redevelopment and reinvigoration of /he central cities and older, developed suburbs the focus future public investments. A task force appointed by the Legislature in 1998 has already begun the discussion regarding the problems associated with growth in the so-called "collar counties." Outgoing.Metropolitan Council Chair Curt Johnson, in a December 1, 1998 address to the Sensible Land Use Coalition (SLUC), further set the stage for legislative consideration of the options available to address these problems. While a discussion of those options is outside the scope of this paper, the Southwestern Coalition of Communities (the Coalition) looks forward to having an active part in those discussions. The Coalition believes that it is vitally important that the Legislature take a realistic look at fne options available to address the perceived accountability problem with the current Metropolitan Council structure. The Coalition further believes that a significantly revised appointment process (as outlined below) would more effectively address the perceived problem than the alternative most often discussed at the Legislature, i.e. an elected Metropolitan Council. ISSUE STATEMENT: The seven-county Twin Cities Metropolitan Area (Metro Area) has a long history of metropolitan governance and coordination. The establishment of the Metropolitan Council -(-the <3ouncit) was a response to lack of planning, coordination, -and inequity in the payment of costs for public infrastructure. The Council's role has been to plan for · e orderly growth, development, and redevelopment of the Twin Cities Metropolitan Area. Initially, separate regional operating agencies were established for airports, sanitary sewers, and transit. Two years ago, the Legislature significantly changed these structures by combining the operating agencies for sewers and transit into the Metropolitan Council itself. However, throughout its existence, the Governor has appointed the members of the Metropolitan Council, and they serve at the Governor's pleasure. While the Council's jurisdiction is still limited to the original seven counties, the Minneapolis/St. Paul Standard Metropolitan Statistical Area (SMSA) has grown to about 23 counties. Continued growth in the adjacent collar counties has created pressures on that these counties are unable to address on their own. Similarly, this "collar-county" development results in increased pressures on Metro area roadways, transit and other infrastructure which the Council, because of its limited jurisdiction, cannot effectively mitigate. Until the issue of development ir~ collar counties is addressed these problems and pressures will remain. ALTERNATIVES: Appointed Metropolitan Council: Under this alternative, the Chairman and members of the Council would continue to be appointed by the Governor. The Council would remain responsible for regional planning and the operation of the regional sewer and transit systems~ Changes would be made in :the method by ~vhich appointments are made: Nomination committees would be established in each Council district°' The committees would consist of representatives of the cities, counties and/or townships located in the district. The committees would solicit candidates for the district seat on the Council, and review applicationS for open seats. The nominations committees would provide the govemor with a list of 2 - 4 candidates. The governor would be required to make the appointments from the list(s) submitted by the committees. 2. Terms of office on the Council would be staggered, Advantages: o An appointed Council is less overtly political than an elected Council. By establishing nominations committees with substantial local representation, and by requiring the governor to make appointments from the committees' lists of candidates, a more direct connection to local constituencies would be made. Thus, Council would become more accountable° Staggering of terms on the Council would a) provide much needed continuity on the Council, and b) make appointment less political and less subject to dramatic shifts. Disadvantages: 1. As an appointive body, the Council has less credibility at the Legislature. Elected Metropolitan Counc#: Under this alternative, separate Council districts would be established from which Council members would be elected. Advantages: 1. Makes Council members more directly accountable to voters in the individual districts. 2. May give the Council's legislative agenda more credibility with the Legislature. Disadvantages: 3. Makes the Council a more overtly political body that, as a result, will likely be less able to carry out its planning and coordinating role. 4. Creates a more formal, additional layer of government that further impinges on the exercise of local autonomy at the city, county and school district levels. Council of Governments: Under this alternative a council, made up of representatives from local governments throughout the Metropolitan Area, would be established to govern at the metropolitan level. Advantages: 1. Provides a high level of accountability to local government throughout the Metropolitan Area. Disadvantages: 1. Because of this regions long history of regional governance in a different form, this alternative would have difficulty achieving legislative support. 2. Because of the size and complexity of such councils, positive action is difficult to accomplish. FINDING: While each of the alternatives presented have some advantage(s), the first alternative, i.e. a revised appointment process, can most effectively and readily address metropolitan governance and accountability. Jan-22-99 02:42P LJR. INC 6126904094 ILOOJILINGTON · EDEN PRAIRIE , EDINA · llAPL~ GROVE · MIHNETONKA · PLYMOU?H · RICHFIELD P-02 TO: FROM: DATE: RE: 1-494 CORRIDOR COMMISSION 8080 Mitchell Road * Eden Prairie MN 55344 · (612)699-,~228 · FAX 690-4094 Anita Benson. Engineer City of Chanhasscn (FAX: 612-937-9152) Lisa P, aduenz. L JR. Inc. 1/22/99 Chaxahass~n Interest in 1-494 Corridor Commission Thanks for your phone message today regarding Chanhassen's interest in the 1-494 Corridor Commission. I thought I'd take the opportunity to give you some information about the membership of the Corridor Commission, its structure and our work plan. The 1-494 Corridor Commission has seven municipal members--the cities of Bloomington, Eden Prairie, Edina, Maple Grove, Mirmetonka, Plymouth and Richfield. Five o[' these cities began the Joint Powers Organization (JPO) in 1986; the two remaining cities, Plymouth and Maple Grove, joined in 1993. Because of its structure as a Joint Powers Organization, each of the members of the Corridor Commission pays annual dues of 10 cents per capita. These local monies arc used to match a federal Congestion Mitigation Air Quality (CMAQ) grant that has been obtained thxough thc Metropolitan Comxcil until the year 2003. Meetings of thc 1-494 Corridor Commission are not open to the public. A staff'person and one elected official represent their city on the Commission's Board of Directors. We are beginning a new biennial work plan in January 1999 that focuses on transit and HOV improvements for 1-494 and a long-term plan for advancing the reconstructio~ plans of 1-494 as detailed in the 1993 Environmental Impact Statement (ELS). At the present time the reconstruction of 1-494 has been dropped as a project on MnDOT's 20 Year Plan duc to its estimated $1 billion pricctag. The Corridor Commission's goal is to find ways in which reconstruction can still occur, even if staged, and how to improve capacity along 1-494 by the use of transit, HOV and TDM techniques. LJR is the consultant hired by the Corridor Commission to oversee and implement its work plan and manage the organization. You can reach me at our St. Paul office, (651) 227-1905, if you have any further questions or need more information, Thanks for your interest in the 1-494 Corridor Commission. 1999 City Council Work Sessions January 4, 1999 · No meeting 5:30p. m. Courtyard Conference Room January 19, 1999, Tuesday · Noise Study, Lewis Engineering in Chaska (Kate) 30 minutes 5:30p. m. · Appointments to the Board of Adjustments & 15 minutes Courtyard Conference Room Appeals, Planning Commission, & Southwest Metro Transit (Kate) · Fire Department Pension 1 hour · Accounts Payable from January 11, 1999 mtg. i hour · Eastern Carver County Collaborative Study · Review meeting schedule February 1, 1999 · Review 1999 Budget Detail/Reserve Accounts 5:00-6:30 p.m. 5:OOp. m. · Reorganization Issues 6:30 City Council Chambers February 16, 1999, Tuesday · TH 212 Update 2 hours 5:00p. m. · Strategic Plan with all Dept. Heads--Review 2 hours Priorities including 1999 goals Courtyard Conference Room · MIS Task Force March 1, 1999 · Strategic Plan: How are we going to do it? 5:30p. m. · Volunteer Recognition Week Dinner Courtyard Conference Room · Facility Scheduling Report (Todd H.) 30 minutes · Neighborhood Park Maintenance (Todd H.) 30 minutes · Referendum Land Acquisition (Todd H.) 30 minutes _ · Fire Dept. Relief Association March 15, 1999 ~ Joint meetings?: 5:30p. m. - Senior Commission 1 hour Courtyard Conference Room -~ Planning Commission 1 hour ~ Environmental Commission 1 hour · City Welcome Signs March 29, 1999 · Joint meetings.'?: 5:30p. m. - Park & Recreation Commission (6:30 p.m.) 1 hour Courtyard Conference Room - Public Safety Commission (7:30 p.m.) 1 hour April 5, 1999 · 5:30p. m. Courtyard Conference Room April 19, 1999 · 5:30p. m. Courtyard Conference Room May 3, 1999 · Team Building 5:30p. m. Courtyard Conference Room May 17, 1999 · 5:30p. m. Courtyard Co~,fe. ronoe Room . _ Tuesday, June 1, 1998 · City Council Work Session Schedule - 1999 June 7, 1999 · 5:30p. m. Courtyard Conference Room June 21, 1999 · 5:30p. m. Courtyard Conference Room July 6, 1999, Tuesday · Interview Bonding Consultants 5:30p. m. Courtyard Conference Room July 19, 1999 · Audit Review 5:30p. m. Courtyard Conference Room August 2, 1999 · 2000 Budget 5:30 p.m. Courtyard Conference Room August 16, 1999 · 2000 Budget 5:00 p.m. Courtyard Conference Room August 30, 1999 · 2000 Budget 5:30p. m. Courtyard Conference Room September 7, 1999 · 5:30 p. n~ Courtyard Conference Room September 20, 1999 · 5:30 p.m. Courtyard Conference Room October 4, 1999 · 6:30p. m. Courtyard Conference Room October 18, 1999 · .5:30p. m. Courtyard Conference Room November 1, 1999 · 5:30p. m. Courtyard Conference Room Monday, November 15, 1999 · 2000 Budget 5:00p. m.-7:3Op, m. Courtyard Conference Room November 29, 1999 · 2000 Budget 5:30 p.~n. Courtyard Conference Room December 6, 1999 · Possibly Truth in Taxation Hearing (Budget 5:30 p.m. Adoption on December 13) Courtyard Conference Room City Council Work Session Schedule - 1999 December 20, 1999 5:30 p. m. Courtyard Conference Room g:\user'dcaren\99worksessions.doc Items to schedule: · Public Works Expansion · Wrase Buildings · Park & Recreation Programs--Are we fulfilling residents needs? · Entry Monuments · Fee Schedules · RFP for Financial Advisors · Code of Ethics. · Park & Recreation Items to be scheduled after the referendum vote: · Park & Recreation Commission Long and Short Range Goals · Park Acquisition and Development Five Year Capital Improvement Program · Funding Sources for Park, Open Space, and Trail Initiatives · The Chanhassen Senior Center--The Challenges Presented by Congregate Dining · Replacement of Lake Ann Park Entrance Road and Parking Lot Infrastructure ~ Local Sales Tax/Franchise Fees - Position papers by Mark Senn and Don Ashworth ~ Southwest Metro Transit--Joint Meeting · Library · Update on Highway 10l · City Vehicle Purchasing Policy · Uniform Policy · Pay Compensation Plan · Media Relations Policy · Election Policy * Policy on Capital Purchases AUTHORIZED TO pRACTICE I~W ~ IMINNESOTA, WISCONSIN, IOWA~ SoLrm D~OWA, W~SHIN~TON D.C., WRITER'S DIRECT DIAL NUMBER Messerli Kramer professional association ATTORNEYS AT LAW LEAGUE OF MINNESOTA CITIES BUILDING StnTE 450, 145 UNtVEP. Srr~ AVENUE WEST ST, PAUL, MINNESOTa 55103 -2044 'P~LEPHON~ (651) 228-9757 FACSLM~LE (651) 228-9787 MINNEAPOLIS OFFICE 1800 FIFTH STREET TOWERS 150 SOUTH FIFTH STREET {~"~, ~ C El VE~[INNEkPOLI S, MINNESOTA 55402-4218 T~LEPHONE (612) 672-3600 ;999 FACSLMILE (612) 672-3777 MEMO DATE: TO: FROM: RE: January 26, 1999 STA City Managers/Administrators Tom Poul STA Informational Packet Please find enclosed copies of an informational packet prepared on behalf of the Suburban Transit Association (STA). The STA Board of Directors would appreciate it if these packets were distributed to your mayor and city councilmembers to help inform them about the ST,& and opt-out transit. This packet contains information regarding the STA, including: (1) a Board of Directors roster; (2) legislative delegation list; (3) statistical information for member transit service providers; and (4) Met Council transit service statistics. I hope you and your city officials will find this information to be helpful. ,If you have any questions or would like additional packets, please do not hesitate to contact me at 651/228-9757o