2021.09.20 ORD 2021-507 Adequate Public Facilities

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AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) Carter Johnson, being first duly sworn, on oath states as follows: 1. I am the publisher of the THE CITIZEN, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit, which is made pursuant of Minnesota Statutes §331A.07 2. The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statutes §331A.02. 3. The dates of the month and the year and day of the week upon which the public notice attached was published in the newspaper are as follows: Once a week, for one week, it was published on Thursday, the 7th day of October, 2021. 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to §331A.06, is as follows: a) Lowest classified rate paid by commercial users for comparable space b) Maximum rate allowed by law for the above matter c) Rate actually charged for the above matter $ 12.10/inch Morteaee Foreclosure Notices. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Ramsey County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. We are a qualified newspaper in the following counties: Anoka, Ramsey and Washington FURTHER YOUR AFFIANT SAITH NOT. BY: TITLE: Carter Johnson, Publisher PRESS PUBLICATIONS 4779 Bloom Avenue White Bear Lake, MN 55110 Subscribed and sworn to before me on this 7th day of October, 2021. Notary Put c R y®gyp i C 85 tlC1 L. C 11ESS Notary Public -Minnesota � filly Cornmiss€on Expires Jan 31, 2025 1 VYY-,/Y,l1M1fVlr�VlWtin/�r CITY OF HUGO, MINNESOTA ORDINANCE 2021-507 AN ORDINANCE REPLACING CHAPTER 90, ARTICLE VII, LAND DIVISION AND PLATTING, SECTION 90-329 ADEQUATE PUBLIC FACILITIES THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby replace Chap- ter 90, Article VII Land Division and Platting, to replace Section 90-329 Ade- quate Public Facilities to state the following: Sec. 90-329. Adequate public facilities. Any subdivision or property line adjustment deemed to lack adequate pub- lic facilities pursuant to criteria, which include those listed in this section, may be denied by the city council together with all related permits and approvals. (1) Conditions establishing premature subdivisions and property line adjustments. A subdivision or property line adjustment may be deemed pre- mature if it lacks adequate public facilities as defined below. The following conditions shall not be an exclusive list of conditions: a. Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if: 1. Surface or subsurface water retention and runoff are such that it constitutes a danger to the structural security or risk of flooding of the proposed structures. 2. The proposed site grading and development may cause harmful and irreparable damage from erosion and siltation on downhill or downstream land. 3. Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to flood - plains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal. b. Lack of adequate water supply. A proposed subdivision or prop- erty line adjustment shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surround- ing areas or does not offer acceptable integration of existing public water facil- ities. c. Lack of adequate roads or highways to serve the subdivision or property line adjustment. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when: 1. Roads which are needed to serve the proposed subdivision or property line adjustments are of such a width, grade, stability, vertical and horizontal alignment, configuration, site distance and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general_ welfare, or seriously aggravate an already hazardous condition, or when said roads are inadequate for the intended use and the proposal does not include developer -supplied improve- ments adequate to defray the costs of upgrading those roads. 2. The traffic volume generated by the proposed subdivision or property line adjustments would create unreasonable road or highway con- gestion or unsafe conditions on roads or highways existing at the time of the application or proposed for completion within the next two years:_ d. Lack of adequate waste disposal systems. A proposed subdi- vision or property line adjustment shall be deemed to lack adequate waste disposal systems if in subdivisions for which sewer lines are proposed, there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density after reasonable sewer ca- pacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five years; or if in subdivisions where sewer lines are neither available nor proposed, there is inadequate on -site sewer capacity potential to support the subdivision if developed to the maximum permissible density indicated in any governing planning document or ordinance or amendments thereto. e. Inconsistency with comprehensive plan. Subdivisions and property line adjustments that do not follow planned public improvement cor- ridors or that do not constitute an infilling of development shall be deemed inconsistent with the city's growth strategies as outlined in the comprehensive plan. I. City service capacity. A proposed subdivision or property line ad- justment shall be determined to lack necessary city service capacity when services such as recreational facilities, police and fire protection, and other city services, which must be provided at public expense, cannot reasonably be provided for within the next two years. g. Inconsistency with capital improvement plans. A proposed subdivision or property line adjustment shall be deemed inconsistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have not been programmed in ap- plicable capital improvement plans. The city council may waive this criterion when it can be demonstrated that a revision to capital improvement programs can be accommodated. (2) Burden of establishing adequacy. The burden shall be upon the ap- plicant to show that the proposed subdivision, development, or and property line adjustment has adequate public facilities and is not premature. Section 2. SevPrability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Fffedhtabate. This amendment shall take effect upon its pas- sage and publication. ADOPTED by the City Council this 20- day of September, 2021. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Published one time in The Citizen on October 7, 2021.