HomeMy WebLinkAbout1101 - ADMIN Ordinance - City Council - 1970/01/19e
ORDINANCE NO. 11(4
AN ORDINANCE RELATING TO OFFICIAL MAPS
AND THE EFFECT THEREOF, AND ESTABLISHING
PROCEDURES IN CONNECTION THEREWITH FOR
PROCESSING APPROVAL, FILING AND APPEALS
THEREUNDER
THE CITY OF ST. LOUIS PARK DOES CR DAIN :
Section 1. Official maps as authorized by Minnesota Statutes, Sections
462. 351 through 462. 364 shall be regulated as follows:
Section 6:400. Title. This ordinance shall be known, cited
and referred to as the "St. Louis Park Official Map Ordinance, " except
as referred to herein, where it shall be known as "this ordinance. "
Section 6:402. Purpose and Intent. Municipalities are faced with
mounting problems in providing means of guiding future development of land
so as to insure a safer, more pleasant and more economical environment for
residential, commercial, industrial, and public activities and to promote the
public health, safety, morals and welfare. Municipalities can prepare for
anticipated changes and by such preparations bring about significant savings
in both private and public expenditures. Municipal planning, by providing
public guides to future municipal action, enables other public and private
agencies to plan their activities in harmony with the municipality's plans.
Municipal planning will assist in developing lands more wisely to serve more
effectively, will make the provision of public services less costly, and will
achieve a more secure tax base. It is the purpose of the City Council of the
City of St. Louis Park to provide a uniform procedure for adequately conducting
and implementing its municipal planning for the City of St. Louis Park through
proper use of Official Maps as authorized by the laws of the State of Minnesota.
Land that is needed for future street purposes and as sites for other public
facilities and services is frequently diverted to non-public uses which could
have been adjusted to meet the public need or could have been located on other
lands without hardship or inconvenience to the owners. When this happens, public
uses of land may be denied, or it may be obtained later only at prohibitive cost
or at the expense of dislocating the owners and occupants of the land, or it may
force the City to forego the needed public facility, or result in the selection of
an inferior location. Identification on an Official Map of land needed for future
public uses permits both the public and private property owners to adjust
their building plans equitably and conveniently before investments are made
which will make such adjustments difficult to accomplish. The City of St.
Louis Park, through action on its City Council, having adopted a Comprehensive
Plan for the City and as a part thereof having adopted a Land Use Plan, a
Thoroughfare Plan and a Community Facilities Plan, by this ordinance re-
lating to Official Maps expresses its intent to implement the policies and
objectives stated therein.
e
•
Section 6:404. Definitions. The following definitions shall
apply in the interpretation and enforcement of this ordinance and the
following words and terms wherever they occur in this ordinance are
defined as follows:
Subd. 1. "Comprehensive Plan" means a compilation
of policy statements, goals, standards, and maps for guiding the
physical, social and economic development, both private and public,
of the City of St. Louis Park and its environs and may include, but
is not limited to, the following: Statements of policies, goals, standards,
a land use plan, a community facilities plan, a transportation plan.
The City's Comprehensive Plan represents policies, aims, and ob-
jectives for development of the City of St. Louis Park.
Subd. 2. "Land Use Plan" means a compilation of policy
statements, goals, standards, and maps, and action programs for
guiding the future development of private and public property. The
term includes a plan designating types of uses for the entire City as
well as a specialized plan showing specific areas or specific types of
land uses, such as residential, commercial, industrial, public or
semi-public uses or any combination of such uses.
Subd. 3. " Thoroughfare Plan" means a compilation of
policy statements, goals, standards, maps and action programs for
guiding the future development and function of streets and highways in
the City.
Subd. 4. "Community Facilities Plan" means a compilation
of policy statements, goals, standards, maps and action programs for
guiding the future development of the public or semi-public facilities
of the City such as recreational, educational and cultural facilities.
Subd. 6. "Official Map" means a map adopted in accordance
with this ordinance and laws of the State of Minnesota in such case pro-
vided showing the location of existing and future public land and facilities,
existing streets, proposed future streets and the area needed for widening
of existing streets.
Section 6:406. Adoption. The City Council may by ordinance
adopted by an affirmative vote of a majority of all members thereof, adopt,
amend, or repeal Official Maps in the manner hereinafter set forth.
Section 6:408. Initiation of Proceedings. Proceedings for adoption,
amendment, or repeal of Official Map may be initiated by (1) a recommendation
of the Planning Commission; or (2) by action of the City Council on its own
initiative, recommendation of an Advisory Commission, request of an outside
agency, or petition of five (5) or more
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persons owning affected property.
Section 6:409. Reference to the Planning Commission. Except
in case of an initial recommendation by the Planning Commission, any
proposed Official Map shall be submitted to the Planning Commission and
its recommendation thereon shall be submitted to the City Council, before
further proceedings are taken, provided that the said Planning Commission
shall meet, consider said proposed change, and submit its recommendation
to the City Council within sixty (60) days after submission of the matter to it.
If no recommendation is transmitted by the Planning Commission within sixty
(60) days after referral of the proposal to the Planning Commission, the City
Council may take action without further awaiting such recommendation.
Section 6:410. Sketch Maps and Reports. All proposals for pro-
ceedings for Official Maps, however initiated, shall be accompanied by a
sketch map or plat showing the lands proposed to be included and the public
purpose to be served. Prior to the hearing, the City Council may request a
report of the City Engineer as to the feasibility of any construction involved,
and the City Planner shall submit a written report on the effect of the proposal
on the Comprehensive Plan.
Section 6:412. Notice. The City Council upon receiving the recom-
mendation of the Planning Commission respecting any proposed Official Map,
or after sixty (60) days from the submission thereof to the Planning Commission
without a recommendation by the commission, may consider the same, and if
a majority of the Council are in favor thereof, notice of a regular or special
meeting, at which a public hearing will be had thereon, shall be given by pub-
lication at least once in the official newspaper, not less than ten (10) days and
not more than thirty (30) days prior to said hearing, stating the time and place
thereof, description of property to be included and a general statement of the
nature of the purpose of the hearing. Not less than ten (10), nor more than
thirty (30) days prior to said hearing, a copy of said notice shall also be mailed
by the City Clerk to all owners of said land, as the same appear upon the records
of the County Auditor of Hennepin County, and addressed to the last known address,
as shown by said Auditor's records. If attempt is made in good faith to serve
all persons in the manner and at the times above provided, failure to serve
one (1) or more through inadvertance shall not invalidate the proceedings. Proof
of service shall be made by the affidavit of the persons serving same and shall
be filed with the City Clerk.
Section 6:414. Hearings. At the time set for the hearing, the City
Council shall hear arguments for and against such proposed Official Map and
may continue said hearing from time to time not exceeding sixty (60) days
from the original date specified in the notice of hearing. Final vote on the pro-
posed change shall be taken within said sixty (60) days.
Section 6:416. Maps. The Official Map or maps shall be prepared
in sufficient detail to permit the establishment of the future acquisition lines
on the ground. In unplatted areas a minimum of a centerline survey shall
have been made prior to the preparation of the final draft of the Official Map.
The accuracy of the future acquisition lines shown on the Official Map shall
be attested to by a registered land surveyor.
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Section 6:418. Filing. After adoption, amendment or repeal
of an Official Map, a certified copy of the official map, or sections thereof
with a copy of the adopting, amending or repealing ordinance attached shall
be filed with the register of deeds as provided in Sections 462. 351 to 462. 364
of the Minnesota Statutes,
Section 6:420. Effect. After an official map has been adopted
and filed, the issuance of building permits by the municipality shall be
subject to the provisions of this section. The officer responsible for is-
suing building permits shall deny all applications for permits to expand
existing buildings or structures or to establish new buildings or structures
within the area identified for a public purpose on the Official Map or on
property outside any building lines as shown on said Official Map. When-
ever any street or highway is widened or improved or any new street is
opened, or interests in lands for other public purposes are acquired by
the City, it shall not be required in such proceedings to pay for any
building or structure placed without a permit or in violation of conditions
of a permit within the limits of the mapped street or outside of any building
line that may have been established upon the existing street or within any
area thus identified for public purposes. The adoption of an official map does
not give the municipality any right, title, or interest in areas identified for
public purposes thereon, but the adoption of the map does authorize the mu-
nicipality to acquire such interests without paying compensation for buildings
or structures erected in such areas without a permit or in violation of the
conditions of a permit.
Section 6:422. Appeals. If a building permit is denied because
of the requirements of this ordinance, the City Council shall have the power,
upon appeal filed by the owner of the land and upon receiving the recommendation
and advice of the Planning Commission, to grant a building permit in such
location in any case in which the Council finds, upon the evidence and arguments
presented to it, (a) that the entire property of the appellant of which such
area identified for public purposes forms a part cannot yield a reasonable
return to the owner unless such a permit is granted, and (b) that balancing
the interest of the municipality in preserving the integrity of the Official
Map and of the Comprehensive Plan and the interest of the owner of the pro-
perty in the use of his property and in the benefits of ownership, the grant of
such permit is required by considerations of justice and equity. Failure of
the Planning Commission to report on the proposal within sixty (60) days after
such referral or such period as may be designated by the City Council, shall be
deemed to have satisfied the requirements of this ordinance. The City Council
shall hold a hearing on the appeal and there shall be published a notice of said
hearing in the official newspaper once at least ten (10) days before the day of
the hearing. If the City Council authorizes the issuance of a permit, the City
Council or other boards or commissions having jurisdiction shall have six (6)
months from the date of the decision of the Council to institute proceedings to
acquire such land or interest therein, and if no such proceedings are started
within that time, the officer responsible for issuing building permits shall issue
the permit if the application otherwise conforms to local ordinances. The City
Council shall specify the exact location, ground area, type of construction,
height, building bulk and other details as to the extent and character of the
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building for which the permit is granted, provided such specifications are
permitted within the zoning district applicable to the site and provided such
specifications are not contrary to the building code.
Section 6:424. Separability. Should any section, subdivision, clause
or other provision of this ordinance be declared by a court of competent
jurisdiction to be invalid such decision shall not effect the validity of the
ordinance as a whole nor of any part thereof other than the part so declared
to be invalid.
Section 2. Violation and Penalty. Any person, firm, corporation, or
voluntary association which violates or refuses to comply with any of the
provisions of this ordinance shall be guilty of a misdemeanor, and upon
conviction thereof be subject to a fine of not more than Three Hundred Dollars
($300. 00) for every offense or to imprisonment not exceeding ninety (90)
days, or both. Each day that a violation is permitted to exist shall constitute
a separate offense.
Adopted by the City Council Jan_u_ry 19, i 9'70.
Atte s
A:Aii
City Clerk
. c7..y.„„)
-5-
Appr ed as to form and legality:
City A orney
I;
ORDINAMOB N0,1 1101
Entitleds AN ORDNANCE RELATING TO OFFICIAL PSS AND THE i;r'r'ECT THEREOF, AND ESTABLISHING
PROCEDURES IN CONNECTION THEREWITH FOR PROCESSING APPROVAL, FILING AND APPEALS
THEREUNDER
Date
L,7troduoed b9
wm^c 1.1tS..Date
44 Z. :2—Waivea_----
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S•iocl:d
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1affective Dat
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(:;''d Reference
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6601 W. 78th St.
47t SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUISPARKSUN
State of Minnesota l
County of Hennepin
SS.
Bloomington, Minnesota
W JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The St Louis Park Sun
and has full knowledge of the facts herein stated as follows• (1) Said newspaper
is printed in the English language in newspaper format and in column and sheet form
equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and
is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted
to news of local interest to the community which it purports to serve and does not wholly
duplicate any other publication and is not made up entirely of patents, plate matter and
advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of
at least 75% of its total circulation currently paid or no more than three months in arrears
and has entry as second-class matter in its local post -office. (5) Said newspaper purports to
iirve the City of St. Louis Park in the County of Hennepin and it has its known office of
ue in the City of Bloomington in said county, estabhshed and open during its regular business
urs for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer or persons in its employ and subject to his direction and con-
trol during all such regular business hours and devoted exclusively during such regular
business hours to the business of the newspaper and business related thereto. (6) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said news-
paper has complied with all the foregoing conditions for at least two years preceding the day
or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of
State of Minnesota prior to January 1. 1966 and each January 1 thereafter an affidavit in the
form prescribed by the Secretary of State and signed by the publisher of said newspaper and
sworn to before a notary public stating that the newspaper is a legal newspaper
He further states on oath that the printed
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
Ordinance
and published therein m the English language, once each week, for 1 successive weeks,
that it was first so published on Thurs.
the 22nd
and was thereafter printed and published on every
day of Jin •
19 70
to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to wit:
abcdefghi jklmnopgrstuvwxyz
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me this 22nd day of January
(Notarial Seal)
M aw w f u ilii 8i- .ten',
1970
NOCE. 3 14..SOOe nontn Dec.CoU
Cu 29 197''k
OS
Not p4� wn 9.tes
My Jn;ntss
(OfficialPobhcationl
NO
AN ORDINANCEN EL ANCE TI GJ101 TO OFFICIAL
MAPS AND TT.1hjE EFFECT THEREOF, AND
'ESTABLISHING, OCEDURES ^ :IN
CONNECTIbNtjnwR TH •F,p P}I{�.
CESSING APPRQVAL;-F, `1{�GUAAJiD'AFI-
PEALSTHERE DER,Oi$. t]
THE CITY OF`•T LOUIS PA I{ p(�
ORDAIN r; c
Section 1 •Ofi`itiai maps as nut '
ze
,Minnesb\a Statutes Sections 462x3'1 th7a�gy
i462364thallberegulatedasfollows 5,;\, q1
Section 6.400. Tule This ordinatfce shall
t be known, cited and referred 4410 the St
I Lows Park Official Map Ordina ie, except
as referred to hereto whey! ,t shall b
knowpas'thisordinance,v�5h_lr St
Section 6 402 ,Porpose and nteot Mumc-
]palities are faced with moutipgtproblem54
in providing means of guid ng f re devel-
opment of land so a to insure fifer° nfore
pleasant a11d Drip 1; vivo et
for residdneai° X11 Mali stria
public aeaivi ',Sipe ? drom the pu
health et , f ife
Ndf ,anuci
ngqogre,anuniccy,
mor I adc� w If Al'
palities cao,Feepa paled than s
and by sltrlt pa p' 1b pNut sIgngf-
dd _tt1'y f� afaL ubhc es
mnding
1p I action,
plan their aryvtGes th
etrcjtes t
muhicipality plant Manic ldmmn
will assist in developing lana �m ledjselvto
nerve more effectively will tthake` a prove-
' sion of public services 1etebath 'and will
,i,aehieve a more 5ecure,,tat,1�Ase, 1t is the
purpose of the Cit', Cpunett the Itv of St'
1,•onisfea'4k to'previde panif � ocedurE
—or edequatelii conducthigg ,p ementing
its municipal planntnl#`t 'the,City of St
iLouis Park'through properpis#1of Official
(yaps as ridtbenzed by the la(v(pf the State
of Minnesota, fond that i6 for future
94Re•PurppgqsSEesS and as §fie ej oth r ubhc
libel at services is7rrequaotly$diverted
hon-publiekbQealrhi�h dbuid have been
jutted tO meet lite pubLl d need or coma
rdshive bee tgeat lip andsewitholtt
cen ilii f IdOn tpe �piteiti
p� �. o laud
denied, or .:; • tanned ter only a
ohibitive N Ibe es nSe of dial
Ung th " and'pccupnts of the (and
Ulit m f ci
t M to forego the needeil
i>gO or I t tion !, lu the, l ttpn ofap
caMapl an Ofhi�-
u"sba.perrntts both `i fo cfii a putt
I properly owners tit . qg rt rive
plank equitably ant h vi
tiefect vestments are tna4g-w I a such
n-
adttjyosuutttment qt+t �-
�I '1C1tfUoiliteV 1 �& ®f1O5i-tell
c
itant saw .n bo
;penditures Mui`u
` public guides to
enables oalertpbb
sive e Plan for the CI
- haVing-adopl@6'rLa.,.
roughfare Plan eta a, Ci
Plan by this ordltiauee
i Maps expresses .fq �Igtenj
fr
Co
' the
if a
the
ing
ther
'least
than
1301
time
erty
of t
Not I
1301
nouc
to all
pear
of H
last k
tor s
faith
at the
one 11
not t
servic
perso
then
Sec
for t
argum
Ofhew
from t
days f
notice
change
days
Seco
maps s
permit
quisitit
areas
shall h
tion of
The act
shown
tobya
Secti
ame,id
certifier
thereof
mg or r
filed wit
Section
Statutes
Sectio
map has
of builds
be subje
The offs
permits .
mitt to
J�Cpm(ireheri tures or
ds a part !hereof tures wit
.1)34Plan`1fh+Tho2 purpose
oma lty iaabtjoutside a
lasing.t&iOfflc'Sl I Official
tb,lrrlplement th
,1 policies andpblectivj�slatedth rein i,
'1 Section 8,404 Defiagl qs;„The following
'' definitions shall apply hi lhOmterpretauodi
and en(orcementtof thlk ord('nance and th1i
following werds and tebditirherever thoccuq�(tt
owsr in thig(dipanMtJi're defilied asafol-
Subd,l,•F pkkbAilie Pian' means
a coinR2L�ati�cyy�''""(((�ppi�jit,ents goals, i existing st
stanaalyds ij,d �` t(�die„O the phos• bfied for
icak,'soc f and eco join Vents
official m
Ledau�sprivntb and public fit the;Clty of St any right t
and its environs and may in- or public
elude, b Ts net limited to 'the following of the ma
Statements of policies goals standards a to acquire
land use plan, a community facilities plan compensat
a transportation plan The City s Compre• erected in
hensive Plan represents policies, minsI violation of
and objectives for development of the City I •Section 6
of St Louis Park
Subd 2 Land Use Plan means a
compilation of policy statements goals
standards and maps and action programs
for guiding the future development of pri-
vate and public property The term in-
cludes a plan designating types of uses for
the entire City as well as a specialized
plan showing specific areas or specific
types of land uses such as residential
commercial industrial public or semi-
public uses or any combination of such
uses
Subd 3 Thoroughfare Plan means a
compilation of policy statements goals
standards maps and action programs for
guiding the future development and func
tionSubdst4�Community Facihways ilities ties the ]Plan
means a compilation of policy statements
goals standards maps and action pro-
grams for guiding the future development
of ih
way is w
street is
other pub
City, it s
ceedings 1
placed WI
condition_
the mappe
line that
ma Is deme
this ordina
the power
the land a
dation and
sion to gra
tion in any
upon the eve
to it (a) th
pellant of
public purpo
reasonable r
permit Is gr
interest of th
Integrity of t
prehensive F
er of the pro
and in the be
such permit 1
justice and c
Commission
sixty 1601 da
e public or semi-public facilities of period as m,
the City such as recreational educational Council shal
and cultural facilities the requirem
Council shall
and there sha
hearing in th
least ten (10
hearing If th
Issuance of a
other boards
diction shall
date of the dec
proceedings to
therein and
started within
sible for tssutn
Subd 6 'Official Map means a map
adopted in accordance with this ordinance
and laws of the State of Minnesota in such
case provided showing the location of ex-
isting and future public land and facilites
existing streets proposed future streets
and the area needed for widening of exist
ing streets
Section 6 406 Adoption The City Council
may by ordinance adopted by an affirmative
vote of a majority of all members thereof
adopt amend or repeal Official Maps in the
manner hereinafter set forth
- Isection 8 408 Initiation of Proceedings 1 the permit if 1
Proceedings for adoption amendment or I forms to local
repeal of Official Map may be initiated by shall speedy th
ill a recommendation of the Planning i type of constr
Commission or 12) by action of the City and other dela
Council on its own initiative recommenda- atter of the bui
tion of an Advisory Commission request of granted pro
an outside agency or petition of five 15or permitted with]
more persons owning affected property iale to the site
Section 6 409 Reference to the Planning bons are not car
Commission Except to case of an initial Section 8 42
recommendauon by the Ptanning Commis section subd]n
sion any proposed Official Map shall be I sion of this ordi
submitted to the Planning Commission and of competent ju
its recommendation thereon shall be sub-
mitted to the City Council before further
proceedings are taken provided that the said
Planning Commission shall meet consider
said proposed change and submit its rec
ommendation to the City Council within six
tv 1601 days after submission of the matter
to it H no recommendation is transmitted
by the Planning Commission within sixty
601 sal to the
Planning Coys mm ss on the
r referral
the
Citvncil
rCoutmay
take action t,ithout further awaiting such
recommendation
Section 6 410 Sketch Maps and Reports
All proposals for proceedings for Official
Maps however initiated shall be accompa-
nied by a sketch map or plat showing the
lands proposed to be included and the public
purheCitvCou Council requesta reporof
e to be emayryPrior tithe
City Engineer as to the feasibility of any
construction involved and the City Planner
shall submit a written report on the effect of
the proposal on the Comprehensive Plan
Section 6 412 Notice The City Council is) CHRISReviewed for
upon receiving the recommendation of the City Manager
Planning Commission respecting any pro- i , - 'Jan 22
decision shall n
ordinance as a
other than the r -
Section 2 Vi
son firm corpc
cation which VIC
with any of the f
shall be guilty of
conviction therer
more than Three
for every offens
exceeding ninety
day that a viola
shall constitute a
Adopted by the CI
AtfOst
[MARL E HANS(
Crti Clerk
Approv
Z
0
T.
St. Louis Park, Minnesota
In The Matter Of
er rrebb PA"u= p
der this
intment
n News -
Affairs
ary
• is leave
Sun, will
Monday.
Ted
Farrington
an of the Shortly thereafter, Farnng-
bus►ness.: ton was appointed managing
youngest editor of The Richfield Sun,
the state he Bloomington Sun and The
one editor innesota Valley Sun
v. Minn , In September of 1969, Far-
rington was named Metropoh-
e a partner tan Affairs Editor. with res -
inn , News- ponsibilities for legislative
ditor wlfen Capitol, Metro Council. politi-
part of Sun cal and Hennepin County cov-
a
a
C
n
e
c
P
t
s
n
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