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i'= REQUEST FOR COUNCIL CONSIDERATION Agenda Section (017'101-Al• STAFF REPORT Report Number: y b-(S21 G IIIIMEM Report Date: 8/22/96 • CITY COUNCIL MEETING DATE — Special Order of Bus. � }�• v .! August 26, 1996 — p moo,, , Consent Agenda par`Panto''Q, X Public Hearings Council Business Item Description: Consideration of Ordinance No. 588, an Ordinance Amending the Development Contract Language of Chapter 1006.06, Subd. 4 of the Municipal Code; Planning Case No. SP-0007-96. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Section 1006.06, Subd. 4 of the Mounds View Municipal Code requires a developer to enter into a development contract prior to final approval of any subdivision, rezoning, special use permit, license or any building permit required for the construction, alteration, expansion or improvement of land. Such contracts shall include provisions for supervision of details of construction by the City and grant to the City authority to inspect all work performed to assure satisfactory performance and completion of the work. The typical contract includes a provision for posting surety to guarantee the completion of improvements. It is staff's understanding that one of the reasons for requiring such contracts and posting of surety is to assure that improvements are completed. Instances have occurred where the work to be done does not include improvements, or only includes private improvements on the site such as parking lots and landscaping. There are some practical difficulties with the current requirement. Staff is suggesting that this section of the Code be revised to allow for the following: • For actions requiring Planning Commission or City Council approval, the ability to waive the requirement for a development contract by the approval body when it is not necessary to meet the intent of the ordinance. • If the only requirement is for issuance of a building permit, the ability for the Community Development Department to waive the requirement at the time of issuance if there are no public improvements required with the provision that a development contract and surety could be used to guarantee the completion of private, on-site improvements at the time a certificate of occupancy is requested. An example of this situation would be a guarantee of landscaping if it is too late in the season for it to be planted at the time occupancy is requested, with the guarantee that it would be planted in the next growing season. Staff has discussed the proposed amendments in concept form with Planning Commission at its August 7, 1996 meeting. Staff had hoped, based on the discussion, to draft the ordinance and have it ready for this litECOMMENDATION: Table conduct of the public hearing and discussion of the ordinance, and reschedule for your September 24 meeting.