HomeMy WebLinkAbout1972-03-21 PC MinutesGATEWAY TO THE NORTH
INGRAM RUSTAD, MAYOR
GERALD JOHNSON, COUNCILMAN
Vtrrd VOLMCIg V
RAMSEY COUNTY, MINNESOTA
2401 HIGHWAY 0
ST, PAUL, MINN, 55112
SU. 4.3055
PINEW000
HILLVIEW
KHOLLW00D
TWELVE OAKS
aroh 21, 1972
The regular rteetinr of the ounds View Planning Jonunission ;as called to
order by Chairman Stole at 8:10 P..` 6tembers present Stole, Blanchard,
Hillsdale, Janke; Forslund, -n1Gk, iurgcraff and Gustafson. W. Skiba
was also present.
Gerald R. Foss and Jacob Aokermenn, 8442 Spring, Lake Road requested sub-
division of .:r. Ackermann's lot to make two 73' x 305' lots fronting on
Spring Lake Road. E 1 o S 120' of Lot 3, :;ud. Sub 89, Ramsey County
and 30' of E a of Lot 3, :Lud. Sub 89 except 3 120' thereof.)
It was recommended that he study tho plan and return next month.
Robert Ligenheer presented a preliminary plan for a double bungalow in
Pligenheer's 3rd Addition.
7 '^,IOTIO!: by Hillsdale to suggest that the Council set up a hearing to
)rezone the property from R -1 to R -2. Seconded by Falok. Carried.
Mayor tt.esen reed a letter inviting trio Council and •Planning Commission
to attend a seminar at Vadanis Heights Elementary Sohoo7. at 7 :30 on
April 6. Clayton LeFavre, attorney for Riohfinld and Oakdale speaking.
Ambrose Yehle., representing Tom ThUmb suporettes and Polka Dot Daa':.vs
presented a preliminary plan for a Tuperet'JO and ..aundromat to be located
on Couhty -Road I at Edgewood. (Lot 1 and 2, Block 3, Greenfield Addition
Plat 2.).
The Commission rave preliminary approval to the plan.
tom Nelson, 7060 "Knollwood,'requnsted a Variance for a front yard sot
buck to build a porch 9 feet in fornt of, his house.,
'OTI'i2 -by 'lurgrraff to approve request subject to payment of fees.
7eoo ed by ',lanehard. •Carri.^d.
Vio Loeflnr of T end V Cv'retruction, presented a preliminary Sat for
Lots 9 and 10, rprinr Lake Park I'i11viow Addition.
HOWARO NEISEN, COUNCILMAN LLOYD BLANCHARD, COUNCILMAN
DONALD HODGES, COUNCILMAN DENNIS ZYLLA, CLERWADMINISTRATOR
(2) I:aro1: 21, 107„
':OTION by Hillsdale to approve preliminary plat. ;nconded by Gustafson,r
aZr rind.
Leonard Goodroad, 8211 :ako Drive, Girdle -inns, 0w)Mhes ft of ft.
nrbo rty on :rastwood Road into four lo (C N. of D. 628 ft, of W 2112 ft. of ND 1tOT Gustafson.
io t; by Hanks to approve the plot as presented. Seconded by
arr ed.
Motion by Gustafson to request that the attorney invest may
n ie form of covenants an property along Highway
voided. Seconded by Hillsdale. Carried.
commission feels that we can update the ordinance ourselves, without the
Councilmen Baumgartner discussed revision of Ordinance 67 with ua. The
expense of an outside Planner, by conducting a few extra meetings
devoted to this project.
The meeting was adjourned at 10:46 p.kt.
AMNOLO 1 r*INYtRO
MIRV
I .,tN N•
ILLMARO Nt.•••
.IAM•• •CMOMAOMCR
ALVW O M•LMOM
MC••• M •OMOM•CM•R
t4R
fEIN$ERCA, MIRVIBB, MEYERS, SCHUMACHER MALMON. P At
ATTOMN••• AT LAW
till IOWSRS
01\IWRt (WOW.
II• NtNNt Rif •Vr•Ot
4.11NNIAPOL1• MINN••OTA ••AOI
SI• a•a1
March 31, 1972
Village Council
Village of Mounds View
1 2401 Highway 10
Bt.. Paul, Minnesota 55112..,
RE; Restrictive Covenants- Zoning
•WPWWAN orrICtb.
•IOM•I•IO
NtW •MONTON
L•XINOTON
Gentlemen:
At the lest Council meeting 'a question was raised
relative to a search for the restrictive covenants that may
exist on property abutting Highway 10.
A' restrictive covenant, such as a provision in a
deed nothing except a residential home can be built on
a piece of land, is 'a private agreement, between grantor and
grantee that runs with the land. This Means anybody that
purchases this particular property takes it subject'to the I
restriction imposed. This will appear of record in deeds'and
other documents relating to said parcel of land. In
determine what restrictive covenants go with oach,paroel of land
it would be necessary to examine the title for Mach parcel involved
and find the particular document that may have imposed 'the
restriction. Most restrictions run for 20 to 25 years 'at which
time they lapse. After the lapse date the restriction no longer
applies andlthe land is free of the covennnt. If a'parcel of
land had a restriction such as I have described above, and a
grantee 'would attempt to build a commercial business on said
'land, court action could be brought by parties of interest to
prohibit the construction of the commercial building. Because
of this potential, the builder of a commercial building would
be unable to get a mortgage on said property. This restriction,
however is a private matter between grantors and grantees and
other parties of interest, but not the governing body of the
4 community wherein the land lies.
Village Council
-2-
Zoning regulations are imposed by the municipality. These
regulations may coincide, be more liberal, or be more restrictive
then the private restrictive covenants described above. Therefore
if the municipality had zoned a particular parcel commercial, but
a valid restrictive covenant was still on the property prohibiting
commercial development, a person attempting to develop, the property
commercially could be stopped by the private individuals involved
but would not be stopped by the municipality since the municipality
has no interest in private restrictive covenants.
If the Planning Commission would like to know the status
of the restrictive covenants on land bordering Highway 10, it is
my recommendation that each time a parcel on the Highway comes before
the Council for zoning consideration, that the property owner supply
to the Village an up -to -date abstract of title, or s registered property
certificate, so that I can be directed to examine said title and
inform the council or the property owners involved of the restrictions
that would apply. I would also be able to inform the Council as
to whether or not the restrictions have lapsed or are otherwise
P valid or invalid. To conduct a search at this time on all property'
abutting the highway would be very expensive since abstracts would
have to be ordered for each parcel along said highway and a title
opinion rendered for each parcel. The minimum bar schedule for,
'title opinions is a minimum of $50.00 plus an hourly charge for
more complicated titles.
If you have any further questions relative ¢his problem R
Y would be glad to be of assistance.
.1>
ARNOLD 1 >YINSCSa
MI11AtL MINVM•
AICHAIID MS 1U
JAMtS J CCNUM•CNtn
ALVIN MAlMn4
ROOMY M in NM>. '.'Mtn
•1•1011 •tlt!
Village Council
Village of. Mounds View
1 2401 Highway 10
St. Paul, Minnesota 55112
RE: Restrictive Covenants Zoning
:"i
Gentlemen:
TEINBERG. MIRVI6s. MEYERS, SCHUMACHER St MAI MON. MA:
.ITTOMNSY•. LAW
rnt towt$*
O AT[WSV Cont!!
1\ MtNNaUIN AVTNNt
M11INCAIOLIS. MINNf \OTA •Saul
an 0431
March 31, 1972
t11SNSSAN p/ICt•,
S Ia1Mln0
:1[W. MI.NTg1
L SYIMSTON
At the last Council meeting a questicn was raised,
relative to a search for the restrictive covenants that may
exist on property abutting Highway 10.
A restrictive covenant, such as a provision ,in a
deed that nothing except a residential home can be built on
a piece of land, is,a private agreement between grantor and
grantee that runs with the land. This means tkhatlanybody''that
purchases this particular property takes it subject to the,
restriction imposed. This will appear of record and
other,documents relating to said parcel of lane. In order to
determine what restrictive covenants go with each parcel of land
it would be necessary to examine the title for each parcel involved
and find theparticular document that may have imposed the
restriction. Most restrictions run for 20 to 25 years at which
time they, lapse. After the lapse date the restriction no longer
applies and the land is free of the covenant'. if a;parcel of
land had a restriction such as'I have described above, and a
grantee would attempt to build a commercial business on said
land, court action could be brought by parties of interest to
prohibit the construction' of the commercial building,/ Because
of this potential, the builder of a commercial building would
be unable to get mortgage on said property. This restriction,
however is a private matter between grantors and grantees and
other parties of interest, but not the governing body of the
community wherein the land lies.
Village Council
-2-
Zoning regulations are imposed by the municipality. These
regulations may coincide, be more liberal, or be more restrictive
then the private restrictive covenants utscribed above. Therefore
if the municipality had zoned a particular parcel commercial; but
a valid restrictive covenant was still on the property prohibiting
commercial development, a person attempting to develop the property
commercially could be stopped by the private individuals involved,
but would not be stopped by the municipality since the municipality
has no interest in private restrictive covenants.
If the Planning Commission would like to know the status
of the restrictive covenants on land bordering Highway 10, it is
my recommendation that each time a parcel on the Highway comes before
the Council for zoning consideration, that the property owner supply
to the Village an up -to -date abstract of title, or a registered property
certificate, so that I can be directed to examine said title and
inform the council or the property owners involved of the restrictions
that'would apply. I would also be able to inform the Council as
to whether or not the restrictions have lapsed or are otherwise
valid or ipvalid. To conduct a search at this time on all property
abutting the highway would be very expensive since abstracts would
have to be ordered for each parcel along said highway and a title
opinion rendered for'each parcel. The minimum bar schedule for
title opinions is a minimum of $50.00 plus an hourly charge for
more complicated titles.
If you, have any further questions relative
I would be glad to be of assistance.
o' this problem
Yo
r
APPEh1111X
SUi3GESTEU RU LES FOR TIIE CONDUCT OF VILLAGE COUNCIL MEETINGS
ORDINANCE NO.
AN ORDINANCE ESTABLISIUNG RULES FOlt TIIE ORGANIZATION AND PROCEDURE OF TIIF:
:VILLAGE COUNCIL OF MINNESOTA,
The village council of ordains:
Section I. Meetings. Subdivision 1. Itegular meetings of the village council shall be held on the
of each calendar month at P. M. Any regular meeting falling upon a holiday shall be held on the next
following hurl note Jay at the enuva. time and place. All meeting., Including special and adjourned mtall np,n,
shall by brit' in the village hall,
Subd. L. Special meeUUgs of the council may be called by the mayor or by any two member° of the
councl by of the place, 1 and purpose clrk. At
least
one before written notice thereof to be notify each member to him person-
ally If he can be found, or, If he cannot be found, by leavla.t a copy at the hone of the member with some per
dl members t are g present l at the nteeting thereto in without
son of suitabe ae and writing, prior
ontent written
ahall benotice
filed with all the un
clerk prior to the beginning of the meeting. Any special meeting attended by all the council members than
be a valid meeting for the transaction of any businees that may come before the meeting.
Subd. 3. At the first regular council meeting lit January of each year the council shall (1) Designate the
depositories of village funds; (2) Designate the official newspaper; 13) Choose an acting mayor from the trus-
tees, who •hadl perform the duties of the mayor during the disability or absence of the mayor from the village
or, in case of vacancy In the office of mayor, until a succeuor has been appointed and qualifies; (4) App
such officers and employees and such members of boards, comrneslons, and committees as may be neces-
vary.
Subd. 4. .All council meetings, including special and adjourned meetings, shall be open to the public.
Section 2. Presiding Officer. Subdivision I. The mayor ghat) preside a' all meetings of the council.
In the absence of the mayor, the acting mayor shall preside, In the absence of both, the clerk shall call the
meeting to order and ehall preside until the council members present at the meeting choose one of their
number to act temporarily as presiding officer.
Subd. 2. The presiding officer shall preserve order, enforce the rules of appeal, 1herein ore
a determine without debate, subject to the final decision of the council on app queetlons
ure and order. Except as otherw(st provided by statute or by these rules, the proceedings of the council..
shall be conducted in actor lance with "Robert's Rules of Order Revised
Subd, 3. Any member may rppeal to the council from a rulis.v, of the presiding officer, If the appeal is
seconded, the member may speak once solely on the question involved and the presiding officer may explain
hie ruling, but no other council member shall participate In the discussion. The appeal shall be euitainbd
If It is approved by a majority of the members present exclusli•e of Inc presiding officer,
Subd. 4. Whenever tie'preeiding officer desires In speak on any question or to hake or second any
motion, he shall vacate the chair, designate the acting mayor or, In his absence, some other council memher
to preside temporarily, and shall not resume the chair until the matter under consideration has been acted
upor: by the counril.
Section 3. Minutes, Subdivision 1. Minutes of each council meeting dull) be kept by the clerk• or, Iry
14• absence, by the deputy clerk, In the absence of both, the presiding of(Icer shall appoint a secretary pro
tem. Ordinances, resolutions, and claims nerd not be recorded in full to the minutes If they appear In other
permanent records of the clerk and can be accurately Identified froth the description.given in the minutes.
Subd• 2. The minutes of each meeting shall be reduced to typewritten form, shall be signer', by the
clerk, and copies thereof 'hilt be deavered to each council meniber as neon an practicable after the meeting.
At the text regular council meeting following euch delivery; approval of the r, nutee ehnit be coneldcrrC by
the council. The minutes need not be read aloud, but Ihe officer shall call for any ndjltions or
correction If there is au objection to a proposed addition or correction, It ,nay be nude t ttinut a vote of
the council If there is an objection, the council shall vole upon the addition or correction. If there are no
additions or corrections, the {minutes shall etnnd rpprcved.
Section 4. Order of ilaeitea N. Subdivi elan 1, Each meeting of the council ebelt convene the time and
place appointed therefor, Council business shall be conducted m the following order'
(1) Call to order 15) Petitions, requests, Mdi. c,evtr (S) UmfLdahed buelee°
—12) Rcil call commu�ai cations l r (9) New busiuc.°
(10) Min crllanruun
(3) Approval of minutes (b), rn. t4I (11) Mincelonent9
(4) Public h,arings hl-
Subd. 2 The order of bu,lnria may be varied by Nu: presiding 'Officer; but all public bcariniie shatl bc•
held at the time tiptclfled in the notice of hrnr Ing.
Subd. 3. An agenda of b itineas for each regular council meeting shall be prepared aid tiled le the oliirc
of the clerk out (titer Nino IdriyaL next preceding the meeting. The agenda shall be pre{iared in .,ccurdnn.r
523
(I" tar In advance of the meeting di, time fur prep,traumt tstll pe unit, Nu item of business shall be coneidcretl
unless it appear" an the agenda for the meeting, but the tumuli, may In Ito discretion, consider matters not
appearing on the agcoded oCIIY of all the council memo
Section 5. Quorum and Voting, Subdivision I, At all council meeting" a 1.w 1
bers elected shall constitute it quo r•tn1 for the Iran. artinn of 1.1181 nes but a smaller number may adjourn
from time to time and the council may puutelt non-attendant r by a (Inc not exceeding far each absence
from any meeting unless a reasonable excuse It offered,
Subd, 1, The votes of the member a on nny question pending before the council may be by voice vote,
standing vote, or in any other Manne of voting which signifies the intention of the members but If the vote
1s not unanimous there shall he a roll call and the uattes of those voting for and epaulet the question "hall be
recorded In the minutes) 11 any number, being prevent, do,:t not vote, the minutes, as to his name, shall
be marked "Present Not Voting
Subd, 3, A majority vote of ell mber• of the cuncll shall be necessary for approval of any ordinance
�un me
lesa a larger number le required by statute."' Except as otherwise provided by statute, a majority vote
of a quortmt shall prevail In all other eases,
Section 6,
Ordinances, Resolutions, M_allone, Petitions, and Communications, Subdivision 1, very
but reading auce a in full may be dlepenied by lunanimouenconstnt1.13 be .11 d motio s shall be recorded the min- writing
utes and stated In full before they are submitted to it vote by the presiding officer, All petitions and other
sale communication' io thecounc 1 re Tl ey shall then be recorded l in the minute" by title and d flied with the rninutes the
In the
office of the clerk.
Subd. 2, Every ordinance and resolution posited by the council shall be signed by the mayor. attested
by the clerk, and pled by him in the ordinance or resolution book. Proof of publication of every ordinance
shall be attached to and filed with the ordinance.
Subd, 3. Every ordinance or reeolutlon repea0ingtaprevious the re sol u tion or to a tionor e or
subdivi thereof shall give the number, if any,
In whole or in the title part, le a to ne ,but ordinance
uch an amending resolution or resolution l s shall set forth in full each section o refer-
cote to the itlo,
subdivision to be amended.
Section 7. Committees. Subdivision 1. The following committees shall be appointed by the mayor at the
first regular council meeting in January of each yea") Purchasing committee
(2) Auditing comm (4) Public reporting committee"
(2) Personnel commmittitt ee
Subd. 2. Each committee shall consist of three members of the council enL the chairmen of each commit-
tee shall be designated by the mayor. Each committee member shall Nerve as appointed unless excused by
majority of the members of the council.
ng
Subd. 3. Any matter brought before the council for consideration` d b him ref r a wb the re idi
officer to the 'appropriate committee or to a special committee app Y
recommendation before it is considered by the council as a whole. Each committee report shall be signed
by o majority of the members and shall be filed with the clerk prior to the council pteeting at which it is to
be submitted, Minority reports may be .ubmitted. Each committee .hall act promptly and faithfully on any
matter referred to it.
Section 8. Suspension or Amendment of the Rules. These rules, or any of them, may be temporarily
suspended by a majority vote of all the council members, and shall not be repealed or amended except by a
majority vote of the whole council after notice has been given M some preceding council meeting.
Section 9. Effective Date. This ordinance becomee 19 fective from and after its passage and publication.
paned by the council ihla dry of
Mayor
Footnotes:
1. Insert here the day and time. as the "(fret Tucaday" of each calendar month at "8.00" P.
2. The law relating to the delivery of notices ,uf a special meeting ;totes that the clerk Is to mail it, but the
member" are likely to get it aoo cr if it is delivered to them pe raonally.
3. In some villages an organizational meeting Is held on the (Iret business day of January. If this in to be
done, the language of the (trot nenicnc* should be changed accordingly. Perhaps it is not necessary to
specify what should be done at an organizational meeting or at the first regular meeting, but d It le
included it will serve ea a reminder.
4. Public council meetings are required by state law. See M.S. A. 471.705.
5, orations are be conducted. The a spell
re thou ughly covered In "Vebert� manner
Ruleaof in Reviled", council Je116•
6 "residing officer wants to in t debate le nut formality of vacating
Ibis formality is the
nol to be the
be observed,
some ouch provision as the following may be substituted: "The mayor or serh other member of the
not 1.e deprived of any the m privileges of council end debate
from the
reason of his acting are the presiding
shall
esiding
of [ice r
7. The last sentence 1s copied from state law, See kl.S, A, 412.151.
6. This 1s, of course, only one of several different ways in which approval of the minutes can be handled.
Compare, for example, the following substitute: "Unless the reading of the minutes Is requested by a
member of the council, they may be, approved withnot a reading if the clerk ha. prevlousty lurnlehed each
member a copy thereof
9. illustrative. In s some Itlagee Y citizens r are Y permitted to addrena the t council at aeons merely
specified time dur
ins the meeting. If this practice is to he followed, an item entitled "Comments and auggestlen. from cit-
izens present' can be added or substituted for one of the other Items.
10. In the smaller places, perhaps it is not necessary to prepare a formal agenda for each meeting, However,
an agenda does Inform the council member' of the maters which will come before them and helps to make
it certain that dl b'tstness that needs to he transacted will he fousldered, Preparation of the agenda
should follow a definite schedule, so that anyone desiring to submit a matter for council consideration w111
fat the clerk to priepare clerk, Deadlines
the agenda Soe have euggeeted i s should
the clerk shouldbe allowed one orttwo time
working day. for this purpose, In some villages, copies of the agenda are furnished to village officials
Bite thq village attorney and to heads of depnrtnents as well as the council members.
11. A record roval of the
ordinance by majority otf is
all the council unanimous
member. is required by state tllaw See M.S.A. vote in all cses where
l2. APP
412.191: Subd. 4.
In v
15e of councilrpro:edure sornetimes be meeting ctl ffor several readings. If thls is desi ed, olydinancesucan be treated passed at the same cotmcil
in separate section reading somewhat as follows:
"Section 6. Ordinances. Subdlvlstun 1. Every ordinance shall be presented in writing and shall receive
two readings by the clerk before the council previous to ice passage, but shall not be read twice at the
same meeting unless the rules are euepended for that purpose. Every ordinance Introduced or consid-
ered shall be recorded in the minutes by title,
Sobel,. 2. The first reading of an ordinance, shall t e b ordinance before the r c rntil mended each
member of the council shall be furnished a copy of
Subd. 3. The second reading of an ordinance shall be by rcctlone, at which time amendments, if any.
may be offered:, but the reading of any section 'ball not prevent a council member from offering amend-
ments to a previous section. If no. amendment are mode, the presiding officer shalt submit the cretin-
once to a vote; but if amendments are made, the presiding officer shall en report, and each section :hall
be read as amended before a vote upon the ordinance is taken
If the rules provide for readings of an ordinance, subsequent sections should be renumbered accordingly.•
14. This committee structure is dncluder ly for pu but It should be ration. repeated the( when councit sh tee'
be will depend upon a number of different factors,
are bet up on a functional bale it does not make full and proper use of administrative officer.. It Is
better to have as few council committees as poaible and to a.tgn policy problems or 'tall or public
relations problems to them. Instead of setting forth the committee structure, some rule provide that
"phe coui.cil may create such committee•, standing or special, a. it deems nee.. sary. Such commit
t2 some v consist of illegee, each many members, appoints its perforth such
chairman. If this the
e to.be done, the to gunge in
16. lit some v h committee app
subdivision 2 should be changed accordingly.
Recut" 119-m R1 cRT
RCF OP.O 40 6`I
SURD /UIDEf2 SEC_A1o4s 104) 105.1
Annothin¢r -Tori-
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r
1 -Calla rPublvc FFER+uNC, 11
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?QELu1 PLeft ZES0%QEYME+v
02 poniinistR?7012. 5U Beet 11SijPM -T"t COUMO II 2 Exersumm9YM1 4 Fes
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5 Qu'oMiNG Comm i5:5 /ON',,1yeMI'T5 Re9*RT Ifl COUNCIL•
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u8Olviper? Figs 7 GOP /0 OF F1NA1. PI..1 mor M-1E2 ;Anti
I mo, too Or94S r1F'ttia. Pre-&U PLAT H-PPRO WK. C11tCt.WlScr Vv1DVNLCS,
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02 f}pvm P11vers. Pt- ?1 cool/cit.- nisrra, 6•707.,/i4,4-170,4) Plnµs.
0 COVIVeiL REPtCi.y eoolt3 Qd P.C., Jn/C-�, t Orlon
-ranter a f- T I, t4 viz ;t A& S bier Ta MittitiVel
RtRne1 Report p/i-c`F t!vnC)t, wIT`fn+^/ 1s onYS•
9.0 Saws 9A-foci ttJ COo NCa\..
O C6ustn. RCC.a ON P RA. Other MVO ReFEAr Ot'CASION op from. Few
auezonnota. 19aTt€ lei" O
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mat16-es su60!%IOes, u91Tt1 Cot/twin/ Wnr /DO attys. Su6OIVMO.t(t MUST ?cote Purr
U Sueow}OC -0 t *Wait/ t2 etamO1Aki 1W31J14 46111 wort-
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Y
Notes taken by Berbers Bake et the Toown
the
dnbyathe Village
of New Brighton on March 29, 1972, 7010
Beminerys A PRE3U4T'ATIGN LF SEW ahiONTO PROPWED LAND WI PLAN.
(The principle speakers were tho h.eycr of New Brighton, Chyle O. Bromanderl
Charles MoOuies, Consultant flannel's end hobert t.enn, Planning Commission
Chairman. Other personages present warn the met/bets of the llenning Commission
and the Villege Council.)
Notes My purpose for attending this meeting woe to gain more
insight and information into the proems of developing
e land-wig plan end ewe if oily of it could be spoilable
to Mounds View.
The Town Meeting wee set up in five pert•. An introduction *es given
by Mbyor Bromander. Hs presented Mir. Chrrlee MoUuire, the consultant
planner, who explained "nhst is a Comprehensive Plant Mr. McGuire said
a Plan •liminetes'the misuse of lend end optimizes its use to gain the
most from the lend. he ehowed a map of piece of land that wee not
plannd it jut house Beet- beckes end r no road h access y to the large, l empty, t open epe different
s
behind the homee. With a situation like this, only faros easements
would be the reasonable way to develop the middle. Hs thin showed
map with the same eras planned and how it would open up the whole
ores with three times the number of homes available for homeatssding.
Hs then showed pictures of lakeside development Again, with
land -use planning, he put three tires the number of hceee on the lake
with acorn to the like for esoh home. Planners, when developing e
land -use plan, look et ters ate., stm, he amount of land devoted to
Industrial, Commercial, Residential,
Below is listed the pattern that is used for Ccepreh notve Planes
I. Mops. end Inventory.
A. Bees Meal Street and lot line mspd,.loo•tiot of perks wed
schools, etc. out end en riot the
B. Field'Studidst Planner sotuslly goes deout a e n! a w weth to month
various uses of the land ere end up-
bests every' new structure and change on that we lapel.
0. Nukes Maps of Existing Ohereotsrtatleei
1. Exiutinglend -use map
Traffioflow map
5. Topogreph!.c map,
4. Lutetin, street map
5. Aerial photos
6. Ito.
II. Economic Be.re endpopuletion study.
III. Lend -Use Plan
Traffic and Transportation Plain
Community Facilities and Park Plen
IV. Subdivision Regulations
toning Ordinances
Capitol Improvements Program
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Mr. McGuire tried to explain that there to o difference between s
Lend -Vas Plen end the honing (.lan. Land -u a plenn ng to to study use of
land on the ground. ex. If you have a commercial business QP one pert,
you beck it up with another leaser type, but not homes. Land-teas planning
is to esy whet we like, whet we think locks beet, but once the decision is
made for the are. it id not as rigidly'eet es a zoning designation is
since zoning le done by Lsw in the form of ordinencse. The to presented
here tonight in to make New ortghton a better community to live tn. The
stetintiosl oeekgr and was done before 19701 they used field surveys, also
projected for long -term population. New Brighton has set 35,00C to 57,000
populatton es their goal with this new Lend -Use Flan they presented. Wtth
the present zoning laws in New Brighton, they figure on a msximur of population
of only 32,000 (although their newer plan allows for 42,000). The morel
planning procedures they followed wee to evaluate the entire community
on a section by section basis, to see whet exists on the ground end
from theta whet they could get out of the community.
The third part of their program was handled by Robert Mann, the
Chairman of their Planning Commission. His presentation Mss not to talk
in generelitiee but to present the specifics as they applied to New Brighton.
He defined whet the Planners had Corn up with for New Brighton. Much of the
Planners work could have been euhieved with common sensa. He said they triad
to locate industry near their heavily traveled roads. They also considered
what ell their bordering communities had zoned or built adjacent tp their
village limits to keep their plane compatible with these neighbors.
They figured on the following unite per acres
2i Unite of residential per ears,
5 Unita per sort of low density buildings
12 Units per sore for medium density.
4r. Kann listed the elements of a Comprehensive Plant
1.) Bove Peps,
2. Field Studies
3. Map of existing. charset.r:etLee
4. Economic bese end population etudy
5. Housing
6. Policy guide plan
7. Lend -Ueo Plats
8. Traffic end traaeportetion plan
9. Oommunity facilities end Perk Plan
10. Subdivision regulations
11. Zoning ordinance
.12. Capitol improvements program.
A Lend -Use Plan con only be effectuated by changing or up -dsttn
Subdivision Regulations and the Zoning Ordinances.
-3-
Tu adopt a Lend -Use Plen, there is a Time Frame that hes to be adhered
to. Listed below eta the et.epe to follow (New Brighton held firet'thie
Public Informational Town Meeting that may )uet have been a courtesy to their
tummunity, end not required, but 1 em not sure);
Village Council orders nubile hearing (Their time ocneeule oalls
for this to be done on April llth Thslr date, May 9, 1972)
Village Council halls public hearing
Submit plane to Metro council (on June 1) August 11
}ions 'returned f Metro ail (Cn August 8, 197
Plan a dopted by Village Joun
The fine; pert of their program wee open to questions by meens of
by
pees -up sheet on whion the questions were as
o
the appropriate person et the heed table.
below in the order in which they were given.
New brighton hes a moratorium on apartment. thie new Flan dose not
effect this.
They tried to eliminate development of oommeroial property on both
sides of Silver Lake hoed because the cross traffic creates eoosee end
exit problems. They tried to hold deneity down. They also felt single
family residences hevs e tendency to deteriorate on a high traveled 'attest.
Low -coat housing ismot pert of the Lend -Use Plan only advises on
density of certain parcels.
New Brighton it expensing population figures because it allows for
residential use of Lend.
0* or 70% of total lend area la dee}gneted Par developed lend. The
rest ie oommeroiel;or perks. They feel the commercial percentage ie e
little light could have been more developed The Commercial tex bees
is purely a merkct /enomomie consideration.
Someone ee%ed how is New 37ighton trying to bring in more Industry?
One of their councilmen answered this by saying they formed en industrial
Development Oommteeion with other'eommunitiee in School Ditriot 621 because
since 7091 of 623)s property tsx dol'ar goes to thi. athoolt, eny iuduetry'
ttreuted to this ores would benifit -ell the municipalities. They hove
worked with the Stcte Development Agency, the Industrial Development
Deportment of Northern 'Sites Power end have prepared literature to
be used to edve,tiee the undeveloped commercial land within our 621
School District.
lh•y were melted how do they intend to down -zone property whin they
•ffentuste their new Lend -Use Plan when the owners or develolere of such
lend bought it under the old zoning plan, espeoislly when they hove two
specific areas now d.sigc.!ted se induetriel end plan to ohenge it to
reeidentialt They void they would "just ohenge the zoning b: ordtnenos
kr. McGuire said there wasn't e whole lot of changes entteipeled end that
the new plan does pretty well continue useete as it now exists. He
entioloeted 45 50 smell chengee in zoning. He reiterated that Land -Use
only shows the beat relettenehip of various uses for areas and Luning
hes the force of the law. CI course,he hopes a developer will be enlightened
enough to see fit to change his plena and will conform to the Lend -Use
Ken. He acid "There is nothing seared about zoning it depends on your
scale of value's on the lend.
When asked how they thought this projected increase In populetion would
effect the schools. Mr. McGuire felt after we all peek off in 4 tc 5 years
end the population growth stabilizes, there wouldn't be any obsngs we may
even find ourselves with too much school apace.
It wee eeked, Whet goals ere sought in a Lend -Ues Flen? For en answer,
they esid New Brighton wen primarily a residential community and they
wanted to make it e better place to live. Some ooneideretion wares
1. residential continue emphasis on single family dwelling.
2. Commercial keep Silver Leke Reed from being Central Avenue,
Prevent epot commercial development.
5. Industrial.
This Lend -Use Plan doss out down on business zoned street of the old
plan. They want to put high density erase as close to traffic -ways ez
possible. Even though they did want New Brighton es residential first,
they did fuel there wee room for high density.
If the plan is adopted, thug will have to re -zocr.
PUfi'- Plsnned,Unit Development allowe for everything that was
dleellowed before. It will require en ordinance change. Any ohenge
demands a re -hoer' ,ng procedure.
•Attechedhereto ie s Dopy of one of their pees -out sheets given
to everyone who attended the Town Meeting.
^ti
Comprehensive Planning in New Brighton
Although there have been many planning studies conducted in the past,
it was not until the fall of 1910 that it was determined that a
"comprehensive" plan should be developed for New Brighton. At that
time it was decided that Land -use and thoroughfares should be the
first areas to be pursued. The 'Planning Commission over the last
one and one -half years has been working on these two components of
the comprehensive plan. The result thus far is the proposed land
use plan being presented at the town meeting.
Thn reasons for developing a comprehensive plan are largely answered
in describing what such a plan is and what it door Basically, a
comprehensive plan is an official public document adopted by a local
government as a policy guide to decisions about the physical develop-
ment of the community. The plan is both general and long range in
nature. "General." means that the plan summarizes policies and
proposals and does not indicate specific locations or detailed
regulations. "Long range" indicates that the plan looks beyond the
foreground of pressing current issues to the perspective of problems
and possibilities 10, 20, and 30 years in the future. While it is
long range in nature, it is also used to shape current so
the community might approximate in 20 years the appearance
comprehensive plan.
Because of a comprehensive plan's general nature, it can accomplish
what single purpose plans cannot. By looking at the village as a
whole and not a specific part, policy decisions become available which
are based on the effect -that a specific improvement or decision has
on the overall goals and plans of the community. Also specific plane
can be tied together more easily once the general goals of the
community have been developed.
one further purpose of the comprehensive plan is the groundwork
lays for development guidelines and ordinances. This is often an
area of great confusion, with clarification necessary. Zoning and
subdivision regulations are essential to the effectuation of a
comprehensive plan, but they are not often concerned as to the effect
the plan has on them. A comprehensive plan does not rezone any
properties. Rezoning requires public notice and a public hearing for
each parcel involved. The plan, however, does act as a guide for
future rezonings whether upon petition of the land owner or by
council initiative. Zoning ordinance changes, subdivision regulation
changes, and rezonings 'may be guided by a comprehensive plan, but they
are not a part of it.
The proposed land -use plan presented at the town meeting is only a
start. Much work remains to be done. However, both now and in the
near future the residents of New Brighton have an opportunity to
provide input into what the community will be like 20 years from now.