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11-14-83 PC Agenda i ; � GOLDEN VALLEY PLANNING COMMISSION (Civic Center, 7800 Golden Valley Road) � November 14, 1983 7:00 P.M. � � AGENpA ; I . APPROVAL OF MINUTES - OCTOBER 24, 1983 j II . CALL FOR INFORMAL PUBLIC HEARING - PUD #43, SCHNECKS ' FIREHOUSE ADDITION � ' APPLICANT: Ronald J. Schneck 'i LOCATION: Northwest corner of Lindsay Street and North Lilac Drive REQUEST: Approval of Preliminary Design Plan for ! PUD #43, Schnecks Firehouse Addition '� • III . DISCUSSION AND OUTLINE OF PROCEDURES INVOLVED IN AMENDING THE , ! COMPREHENSIVE PLAN � IU. REPORT ON CITY COUNCIL MEETING - NOVEMBER 1 , 1983 � i � ! V. REPORT ON HRA MEETING - NOVEMBER 7, 1983 � VI . REPORT ON BZA MEETING - NOVEMBER 10, 1983 i � ! ' � � � i ; , • MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION October 24, 1983 A regular meeting of the Planning Commission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. Chairman Thompson called the meeting to order at 7:00 P.M. Those present were Comnissioners Forster, Leppik, Polachek, Prazak, Singer, and Thompson. Cor�nissioner Tubman was absent. Also present was Alda Peikert, Assistant Planner. I . Approval of Minutes - October 10, 1983 It was moved by Commissioner Singer, seconded by Commissioner Leppik and carried unanirtrously to approve the minutes of the October 10, 1983 Planning Corr�nission meeting as recorded. II. Informal Public Hearing - Conditional Use Permit APPLICANT: Taco Bell , Chicago, Illinois � LOCATION: 6620 Wayzata Blvd. REQUEST: Approval of a Conditional Use Permit to operate a Class II , Fast Food, restaurant within an Industrial Zoning District Chairman Thompson introduced this agenda item and recognized Mr. Mike Madden, Regional Project Coordinator for Taco Bell , who was present to represent the proponent. Cortunissioner Leppik asked whether if the current Arthur Treacher's Restaurant should go out of business, the City would require that Burger King acquire the property for additional parking. Assistant Planner Alda Peikert stated that the City could not require that Burger King add parking because they were granted a parking waiver, but that Burger King is short of parking and that their parking problems could increase if the streets are posted for no parking. In that case, Burger King might wish to acquire additional parking to accornmodate its customers. Commissioner Forster asked whether any traffic studies have been conducted on the Florida Avenue South and Highway 12 intersection. Ms. Peikert replied that she is not aware of any specific traffic studies but that the City Engineer confirmed that it is a problem intersection. � Planning Commission Meeting - October 24, 1983 Page 2 � Chairman Thompson called on Mr. Madden, who spoke on behalf of the proponent. Mr. Madden stated that the Arthur Treacher's Restaurant currently in operation on the subject site is a successful operation and that it is closing due to problems with the parent company rather than with that particular facility. Mr. Madden stated that Taco Bell is projecting approximately the same volume of business as that currently handled by Arthur Treacher's at the site. Mr. Madden added that the I-394 project will alleviate current traffic problems at the intersection. Mr. Madden concluded with cor�nents on aesthetic con- siderations, stating that site landscaping could be upgraded and that Taco Bell facilities are well maintained. Mr. Madden stated that walks are washed down every morning, weather permitting, and that the parking lots are swept. In response to a Cor�nissioner question, Mr. Madden added that Taco Bell currently operates restaurants in New Hope, Brooklyn Center, Bloomington, St. Paul and Minneapolis. Chairman Thompson reviewed the ten items of consideration specified in the Conditional Uses Section of the Zoning Ordinance and covered in the staff report. Commissioner Polachek suggested that the first item for con- sideration, demonstrated need, is arbitrary and that it is not the role of government to determine need. Cormnissioner Polachek stated the opinion that it amounts to restraint of trade for a government body to determine need for a specific use at a given location. Commissioner Forster agreed that it is not the role of the Planning Cormnission to determine the saturation point for a type of business in a locality and that demand for the proposed take out � restaurant is a judgment to be made by Taco Bell , not by the Planning Commission. Chairman Thompson concluded that a determination of need is a subjective statement and that demand for a service is a better criterion. Cortanissioner Singer observed that of the ten items of consideration, the pro- posed Class II restaurant is rated positively on six points, negatively on only one point and as having neither positive nor negative impact in the remaining three areas. Chairman Thompson opened the informal public hearing for public input. Ms. Mariel Grubar, 9145 Olympia Street, stated that she is a college student attending the hearing as an observer as part of her course work and that she is neither for nor against the proposed Taco Bell Restaurant. Chairman Thompson closed the informal public hearing. Conanissioner Leppik stated that she sees no problem with a change from one fast food operation to another but that there are problems with parking and traffic. Co�nissioner Leppik stated that rather than perpetuating the situation she prefers to afford the opportunity for property owners in the area to improve the situation. Commissioner Leppik said that she would vote against the proposa� for this reason. � Planning Commission Meeting - October 24, 1983 Page 3 � Commissioner Prazak observed that there is no evidence other than opinions that there are horrendous traffic problems in the area and stated that he sees no compelling reason to deny the Conditional Use Permit request. Co�nissioner Polachek stated that the proponent provided to the Board of Zoning Appeals (BZA) statistics which indicate that maximum parking required by the Taco Bell operation would be 22 spaces. Cor�nissioner Forster stated that Burger King and Arthur Treacher's are currently struggling with a poor parking situation and that the only way they are managing is by parking on the street. If the streets are posted for no parking, there is potential for a greater problem. Co�nissioner Forster said that he could attest to the traffic problem at the intersection and that traf- fic backs up to Menards on the service road. Commissioner Prazak asked whether parking is allowed on both sides of the ser- vice road. Ms. Peikert replied that parking is taking place on both sides of the service road, including both cars and trucks, and that as a result the boulevards are torn up and muddy. Commissioner Singer suggested recommending approval of continued take out restaurant use for now through the I-394 construction period in the expec- tation that the fast food facility would serve construction crews and on the assumption that upgrading of use would take place following completion of the . o I-394 project. Co�nissioner Prazak suggested that it would be unfair to put the Arthur Treacher's/proposed Taco Bell facility out of business due to a need for addi- tional parking on the part of Burger King. Commissioner Leppik pointed out that the City is not putting Arthur Treacher's out of business, but that they are going out of business themselves. Commissioner Prazak observed that if they go out of business with no approval for reuse of the building, then it would amount to providing the abandoned Arthur Treacher's parking lot for Burger King use. Commissioner Forster asked whether Taco Bell proposes to buy or lease the Arthur Treacher's building, and Mr. Madden confirmed that Taco Bell has a purchase agreement to buy the property. Cormnissioner Forster asked whether the posting of no parking on the service road would create a problem for Taco Bell . Co�nissioner Forster stated it was his impression that the proposed Taco Bell operation would be expected to do a much better business than the current Arthur Treacher's and asked why Mr. Madden stated that the current Arthur Treacher's is successful . Mr. Madden replied that he assumed that the Arthur Treacher's is making money and is successful because it is still in operation as opposed to other Arthur Treacher's Restaurants which have been boarded up. Mr. Madden said that Taco Bell would be content with 22 parking spaces and that a parking ban on the ser- � vice road would not be a problem for Taco Bell . Planning Cortanission Meeting - October 24, 1983 Page 4 � Chairman Thompson stated that he is terribly disturbed over traffic and parking conditions and is not happy with the reduction of parking well below the Ordinance requirement. Chairman Thompson observed that conditions in the area have changed considerably since approval of the Arthur Treacher's opera- tion 13 years ago. Cor�nissioner Prazak objected to restriction of Taco Bell due to problems asso- ciated primarily with Burger King. Chairman Thompson stated that his concern is traffic congestion throughout the entire area invalving Menards and asso- ciated businesses, not merely Burger King. Commissioner Leppik �ved that the Planning Co�nission recommend City Council denial of the request received from Taco Bell for a Conditional Use Permit for a Class II restaurant at 6620 Wayzata Boulevard in an Industrial Zoning District because of perpetuation of parking and traffic problems through the area. Comrnissioner Forster seconded the motion due to concern over parking and traf- fic congestion problems which could only get worse as a result of putting a potentially high traffic use in the area. Commissioner Polachek said that he would vote against the motion due to the fact that one unit does not add or deduct measurably from the total problem. Commissioner Leppik stated that given the opportunity to prevent an existing � problem form getting worse, the Planning Commission is obligated to take that opportunity and that changes must be made one step at a time as properties become available. A roll call vote on the motion was taken, and the motion failed by a vote of three to three. Commissioners Forster, Leppik and Thompson voted for the motion, and Cor�missioners Polachek, Prazak and Singer voted against the motion. It was moved by Commissioner Prazak and seconded by Commissioner Singer to recommend City Council approval of the request received from Taco Bell for a Conditional Use Permit for a Class II restaurant at 6620 Wayzata Boulevard in an Industrial Zoning District subject to the following conditions: 1. There shall be no expansion of inside seating capacity or addition of a stand up eating area beyond that shown on plans submitted with the Conditional Use Permit Application including Sheet EQ1, prepared by Taco Bell and dated September 9, 1983. 2. At no time in the present or future shall approval be granted for a drive up window facility. 3. There shall be compliance with all requirements and reco�mnendations of the City Building Inspector, Fire Marshal and Sanitarian. � Planning Co►mnission Meeting - October 24, 1983 Page 5 � 4. Building exterior shall comply with City of Golden Valley Codes and guidelines and shall meet the approval of the Building Board of Review (BBR). 5. Site landscaping shall conform to the City of Golden Valley Landscape Standards and shall meet the approval of the BBR. A landscape bond as specified by the BBR shall be provided prior to issuance of a building permit. 6. All signage on site shall conform to the City of Golden Valley Sign Regulations and shall meet the approval of the City Building Inspector. 7. The facility owner/operator shall maintain the site in a clean and litter free manner and shall be responsible for the clean up of any litter in the immediate vicinity resulting from the facility or its customers. 8. Failure to comply with one or more of the conditions of approval shall be grounds for revocation of the Conditional Use Permit. A roll call vote on the motion was taken, and the motion failed by a vote of three to three. Co�nissioners Polachek, Prazak and Singer voted for the motion, and Commissioners Forster, Leppik and Thompson voted against the motion. Chairman Thompson directed that the minutes reflect that the Planning e Commission would have no recommendation to forward to the City Council on the Taco Bell Conditional Use Permit application and that the Planning Cormnission representative to the City Council would explain the two points of view repre- sented on the Planning Commission. It was moved by Cortanissioner Leppik and seconded by Commissioner Forster to make a separate recommendation to the City Council for posting of no parking on Hampshire Avenue and the Highway 12 service road in the vicinity of the Burger King and Arthur Treacher's Restaurants no matter what the Council deci- sion on the Taco Bell Conditional Use Permit request. Cor�nissioner Singer asked whether the City Council would be likely to order a study of the intersection in response to the Planning Commission reco�nnen- dation, and Chairman Thompson confirmed that such a study would be appropriate. A vote was taken, and the motion carried unani�usly. Co�unissioner Leppik asked when the Arthur Treacher's Restaurant is expected to go out of business. Mr. Madden replied that the Arthur Treacher's would remain as long as it is making money, but that Taco Bell has a purchase agreement to buy the property if the Conditional Use Permit is approved. Mr. Madden added that Taco Bell has purchase agreements for three other Arthur Treacher's Restaurants in the area and that if Taco Bell concludes those purchases, the Arthur Treacher's in Golden Yalley probably will not be able to stay opened because Arthur Treacher's could not afford to supply just one � operation in the area. Planning Cortanission Meeting - October 24, 1983 Page 6 � III. Report on City Council Meeting - October 18, 1983 Cort�nissioner Prazak provided the Planning Cormnission with a report on the October 18, 1983 City Council meeting. IV. Report on HRA Meeting - October 11, 1983 Chairman Thompson provided the Planning Commission with a report on the October 11, 1983 meeting of the Housing and Redevelopment Authority (HRA). V. Report on BZA Meeting - October 11, 1983 Commissioner Polachek provided the Planning Commission with a report on the October 11, 1983 meeting of the Board of Zoning Appeals (SZA). The meeting was adjourned at 8:15 P.M. Respectfully submitted, David Thompson, Chairman Margaret Leppik, Secretary � � • T0: GOLDEN VALLEY PLANNING COMMISSION DATE: NOV. 9, 1983 FROM: ALDA PEIKERT, ASSISTANT PLANNER SUBJECT: SET DATE FOR iNFORMAL PUBLIC HEARING - PRELIMINARY DESIGN PLAN FOR PUD #43, SCHNECKS FIREHOUSE ADDITION Mr. Ronald Schneck, purchaser of the former City of Golden Valley Fire Station No. 2 property located northwest of Lindsay Street and Highway 100, requests Preliminary Design Plan approval of PUD #43, Schnecks Firehouse Addition, which proposes construction of four duplexes comprising eight separate ownership residential units on eight lots on the 1 .67 acre site. 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' �• ° .. - - 18E�45oE� , ;:'' • g � - - - - - - - - - - - - — Bz-"1 — — . � BBa.7_ `�;,'r .., s a.� w s P -- N TQ' z - 4:G.� � 'o�.. +�r j - � 1 605.� i n `✓a;r o . m • �e , °' N � b(�.3 I U : tn �83 2c'3C"y� 455.2q $ :., • ;,, ' � _ s16.�; �2 � . �� i BRa.3,�.��F iogo 3n 'I -- _-- — --- — ` .. Z'�� :' •-.'•..; JlM- -- io o • - ' ; „ °oo'Iz°��' '_ f�o.r.P,� Tr � ia . w _ uck- __�� >so�c- � �:�>43.0 d�� 3312.•. ' i'°' � � � � ( ''� i i�o8/�' . ' J.'� r�,7.'f.3» �p, . ' -- � �dD —�s • T0: GOLDEN VALLEY PLANNING COMMISSION DATE: NOVEMBER 9, 1983 FROM: ALDA PEIKERT, ASSISTANT PLANNER SUBJECT: AMENDMENT OF COMPREHENSIVE PLAN TO REMOVE COLLECTOR DESIGNATION FROM DULUTH STREET The Golden Valley City Council on October 18, 1983 passed the attached resolution requesting that the Ptanning Commission review the present and potential status of Duluth Street with respect to two questions: 1 . Continued designation of Duluth Street as a collector in the Golden Valley Comprehensive Ptan. 2. Justification for construction of remaining portions of Duluth Street. The first of the two questions, concerning designation of Duluth Street as a collector, involves a possible amendment to the Comprehensive Plan. Attached for information and background are the City of Golden Valley Functional Classification Map and a chart of Functional Ctassification Characteristics from the Transportation section of the City of Golden Valley Comprehensive Plan adopted November 16, 1982. Procedure for amendment of the Comprehensive Plan is governed by Minnesota planning � enabling legislation and by the Metropolitan Land Planning Act. Copies of Minnesota Statute 462.355 Subd. 2 concerning adoption and amendment of comprehensive plans and of a Metropolitan Council newsletter item on amendment procedure under the Metropolitan Land Ptanning Act are attached. Steps for comprehensive plan amendment are as follows: l . Initiation of a plan amendment. As stated in the statute, the Planning Commission (planning agency) may initiate an amendment, or the City Council (governing body) may by resolution to the Planning Commission (planning agency) propose an amendment. In the case of Duluth Street, the City Council (governing body) has proposed consideration of an amendment to the Planning Commission (planning agency) . 2. Planning Commission consideration and evaluation followed by preparation of an amendment if determined appropriate. 3. Planning Commission (planning agency) public hearing and adoption of the amendment. The statute requires that notice of the public hearing be published in the official City newspaper a minimum of ten days prior to the hearing date. 4. City Council (governing body) adoption of the amendment. Under the Metropolitan Land Planning Act, Metropolitan Council review is required. As noted in the Metropolitan Council newsletter, the City Council has a choice of either adopting a comprehensive plan amendment subject to Metropolitan Council approval or of approving the amendment for referral to the Metropolitan Council with � final adoption delayed until after Metropolitan Council review. Golden Valley Planning Commission -2- November 9, 1983 • 5. Review by adjacent jurisdictions. The Metropolitan Land Planning Act requires distribution of comprehensive plan amendments to adjacent local units of government and to affected school districts. The Metropolitan Council newsletter item notes that Metropolitan Council review guidelines allow submittal to affected communities only rather than to all adjacent communities. A change in classification of Duluth Street would require review by the following at a minimum: Cities of Crystal and New Hope, Hennepin County and the Minnesota Department of Transportation (MnDOT) . 6. Metropolitan Council review. A proposed comprehensive plan amendment must be referred to Metropolitan Council along with a three page submittal form explaining the amendment and assessing effects on metropolitan systems. Any amendment affecting one of the four major metropolitan systems (sewers , transportation, parks and airports) requires a 90 day review, and other amendments receive a 60 day review. Within the first 10 days after submittal , Metropolitan Council makes a determination as to which review is required. 7. Final adoption by the City Council if withheld until after reviews. The City Council requests in its resolution of referral that the Planning Commission consider effects on 23rd Avenue North and Plymouth Avenue, County plans for upgrading of Medicine Lake Road, service to undevetoped lands which might be developed in the future (General Mills property) and other pertinent issues in reviewing both � the collector designation of Duluth Street and need for completion of Duluth Street through from Winnetka Avenue North to Mendetssohn Avenue North. An additional consideration is eligibility for State Aid Street funds. State Aid funds expended on Duluth Street construction to date, including the current con- struction project for the segment from Gettysburg Avenue North to Independence Avenue North, amount to approximately $183,000. Staff has sent an inquiry to the Minnesota Department of Transporation (MnDOT) concerning ramifications of removal of the collector designation from Duluth Street. Questions to be resolved are: 1 . Whether Duluth Street can 4ontinue to be a State Aid Street if no longer classified as a collector. 2. Whether reimbursement of State Aid funds already expended is required in the event Duluth Street is removed from the State Aid system. 3. If reimbursement is required, whether the State has a formula or requirements for method and timing of refund. At this time, staff suggests that the Planning Commission initiate a study of the present and future status of Duluth Street with the objective of determining both suitability of the collector designation and need for future construction of additional segments. A list of required background information items, questions, concerns and potential impacts may be complied as a stiarting point to the study. Thorough • � Golden Valley Planning Commission -3- November 9, 19$3 investigation of these items must precede a determination of whether preparation of a Comprehensive Plan amendment is warranted. if the Planning Commission should decide to proceed with a Comprehensive Plan amendment, justification for the proposed amendment must be thoroughly documented. AP:kjm Attachments: l . Resolution 2. City of Golden Val }ey Comprehensive Plan pages T-9 through T-13 3. Mn. Stat. 462.355 Subd. 2 4. Local Planning Assistiance News, Summer 1983 • • Resolution 83- October 18, 1983 Member Stockman introduced the following resolution and moved its adoption; � RESOLUTION REFERRING THE DULUTH STREET QUESTION TO THE PLANNING COMMISSION WHEREAS, Duluth Street, from Winnetka to Mendelssohn, is designated on the Golden Valley Canprehensive Plan as a collector street; and WHEREAS, Duluth Street is constructed from Winnetka to Aquila and from Ensign to Flag; and WHEREAS, the Golden Valley City Council approved construction of a segment of Duluth Street from Gettysburg to Independence; and WHEREAS, the Gettysburg to Independence segment was approved, not to extend a collector street, but to eliminate three dead-end streets and thereby improve the circulatian to vehicles including Public Safety and Maintenance vehicles; and WHEREAS, in approving the Gettysburg to Independence segment, the Golden Valley City Council denied approval to a proposal to construct Duluth Street from Flag to Gettysburg and from Independence to Mendelssohn; and WHEREAS, the segments of Duluth Street that presently remain unconstructed are from Aquila to Ensign, Independence to Mendelssohn and Flag to Gettysberg; and WHEREAS, the Council feels there exists a need to review the designation of e Ouluth Street as a collector and review the �ustification for the construction of the remaining portions of Duluth Street, it directs the Planning Commission to consider among other things: the relation of 23rd and Plymouth, County plans for the potential upgrading of Medicine Lake Road, future service to properties which might be developed within the area, and other pertinent issues; NOW, THEREFORE, BE IT RESOLVED that the Golden Valley City Council requests the Planning Commission to review and evaluate the present and potential status of Duluth Street and the designation of Duluth Street in the Camprehensive Plan. osemary orsen, ayor ATTEST: u y Na y, eputy Ci ty C erk The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell , Stockman and Thorsen, and the following evoted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the Deputy City Clerk. . � � � .. �n L � � � 0 .Y 0 {.) 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I -oo9e °' °°°°- /` iJ% Y � �_ - � �� _ _ :,� I -ooae 4 • �f-�'7 i� � p, I -roae � °w°" L.,J � o �_ � � I -ome OOOE i9� �1= IB - I -0�0! ,'y,� � -OOi6 � -OOLB ► �' r-�� ^�� , � V �m �;�/� . °� _ Ib Cf' � � j -Wf6 � --��PP�� / 1 � I�■6iN�¢jY �= �� l ^�.._� �� L -uOre � �E/!Y(1i� � -' 1 _ -_ _ -ooCe � � I` � � � � � � � � � � � � �J� ( � � � � � � 'I ' �� I � � � � � � � g � � � � � ! � � ! 8 � g : g 8 � � � � g i88��g��ss ��ie � uia o - FUNCTIONAL CLASSIFICATION PqINCIPAL AATEFt1AL e �INTEAMECIATE ARTEAIAL �'� '�■ � MINOA AFiTEAIAL • � � � �+• COLLECTOA T-13 �62.355 PREPARATION� ADOP?ION, AND /►1►iENDIV�� OF COMPRE-) � � HENSIVE 1►1UNICIPAL PLAN. � , Suhdivision 1. Yre�aration and teviev�. 1'1ie planaing sgenry shall prepare� . the camprehensive municipa! plan. In dischsrging this duty the plannirtg agenry �hall consult a•ith snd coordinatc the planning activities of other departments and agencies of the municipality to insure conformity with and to usist in the �evelopment of the compreheasive municipal plan. 1n its p]annirr� aai�7ties the Iannin agenry sha11 take due cognizance of the planning activitus oi ed'acent . � � un�ts o�government and other aHected public agencies. 1"be p�anning agency � �hal] pencdically review tbe plan snd recommend amendments whenever aeces- �Y• . Subd. 2 Procedure tor plan adoption and amendment.The Iannin a en � ' may, unleu oth�rwise provided by charter or ordinance oon s tent with tbe muniripal ci�arter� sdopt and amend from tim� to time a wmpr�hensive muniti•: pal pIan ss ita recommendation to tbe governing body, The ��an may be pre-; pared and adopted in zect;ena� eacb of yv}uch relates to a ma�or subject of tbe; plan or to a major geographical :ection oi the muniapality. Tbe govcraing body � - may_�roposo amendments �to tl�e oomprehensive municipal plan by resolution tubm�tted to tbe planning agenry. Before adopting the wmprehensive municipal � ' plan or any aection or amendment of the plaa� the p�anning agency thall hold at . kast one public bearing thereon. A notice of the time, ptace and purpose of the ' bearing shaU be published once in the o�cial newspaper of the municipality at least ten days before the day oi tbe bearing. T6e pro�osed plan, �ection of the p1an, or smendment shall be transmitted to the governmg body prior to the pub- Gcation of the notice of hearing. Adoption and amendment of the comprehen- � sivc municipa? pJan or of any section thereof shall be by resotution adopted by a : majority of aIl the memb�rs oi the planning commission. A copy of the ptan or ; of any stction or amendmrnt thereof adopted by the planning agency shall be ; eertified to the governing body of the municipality. ' Subd. 3. Adopt3on by �overnIng bod�•. Unless otherwise provided by char- � � ter, the governing bod�� ma� by resolution of a majority of its members adopt snd amend th� comprehens�ve plan or portion thereof so recommended as the I o�cial municipal plan upon such notice and hearing as may bt prescrihed by . �• ordinance. Until so adopted by the �overning body� the plan shal[ wnstitute nly the recommendation of the ptann�ng agenry. I Subd. 4. Interim ordinance. Ii a municipality is conducting studies or has suthorized a study to be conducted or has held or has scheduled a hearing for the purpose af considering adoption or amendment of a comprehensive plan or official controls as defined in section 462.352. subdivision 16, or ii nea�territory for v►�hich plans or cantrols have not been adopted is annexed to a municipality, the governmg body of tht municipality may adopt an interim ordinance applica- ble to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens. The interim ordinance may regulate, restrict or prohibit any use, d�velopment. or subdivision a•ithin the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective, and may,be ext�nded !or such additional periods as the municipality may deem eppropnate. not exceeding a total additional.�eriod of • 16 months. No interim ordinance may halt, delay, or impede a subdi�•is�on vrhich has been given pretiminary approval prior to the effective date �f the int�rim ordinance. History•: 1965 c 670 s S; 1976 c 127 s 21;1977 c 347 s 68;1980 c 366 s 24 ; �62.3S6 PROCEDURE FOR PLAN EFFECTUATION; GENERALLY. 8ubdivision 1. Recommendntions tor plan txccutivn. U n the recommen- I dation by the planning agency of the comprehensive municipal plan or sections i thereof, tbe planning agency shall study and propose to the governing body rea- ; sonable and practicable means for putting the plan or section of the plan into � effect. Subject to the limitations of the loiloa7ng sections, such means include, but are nct limited to. :oning regulations. tegulations tor the subdi��ision of land, an officiai map� a program tor eoordination oi the oormal public impro�e- � tnents and services of the municipality� urban renewal and a capital improve- � ' �ents program. � � tectionu her of has been rtcommended by the pl nni g agtnc�and a cop�y filed . . . f � . . 1��A f O� , LOCCII pIC1 � � � �� nning Ass�stc�nc� 4k,, '�r � � Summer 1983 R�,/pC�T�fg FOR GRANT AND LOAN Information abaut state-administered grant and loan programs for fiscal years 1984 and 1NFORMATION,ASK 1885 is now easier to get,thanks to e new computerized system. THE COMPUTER Information on 80 grant and loan programs became available on a computerized system .lune 15.These programs are all state,administered,but include both state and federal funds. The system was set up because the Office of Local Government staff,in working with local officials,found thet thase eligible to apply for financiel assistance were sometimes unaware cf what was available. The 80 programs are grouped into 16 categories for easy reference.The categories are: arts,business development,�mmunications,community development,employment, health and welfare,historic preservetion,information systems,law enforcement,legai services,natural resources,outdoor recreation,public safety and trensportation. Information is further ceteoorized by eligible applicants. If,for example,the person seeking information is from a city,the system wiil list all the grant and loan programs for which cities are eligibls to apply.After reviewing the list,the inquirer can ask for information about one or all of the programs listed. Descriptions include each program's purpose,selection criteria and other key factors � the applicant should be aware of,the timetable tor making application or disbursing funds,amount of funding available for each fiscal year,and the neme,address and phone number of someone to contact for detsiled information. The system contains programs for which both public and private aector entities may appty.The list of eligible public sector applicants tncludas units of povernment,state agencies,American Indian reservations end public oorporations.Eligible private sector organizations include nonprofit corporetions,businesses and individuals. After July 15,access to the infonr�ation can be�ined by calling Jim Uttley of the Councii's Planning Assistance program at 291-6361.Steff wili provide you with information while you wait or s�nd a printed capy of the program summary to you. Communities with a terminal and modetn cen obtain information directly by dialing the State Pianning Agency's DATALINE public information number. For more information,contact Jim Uttiey,at 291�6361. HOW TO AMEND A Re�ntly there has been some confusion regerding what local governments are required COMPREHENSIVE PLAN to do prior to submitting amer►dments to their wmprehensive plans to the Metropolitan Council for review.These requirements are set forth in two state laws. Under the Metropotiten Land Planning Act(Minn.Stat.,Ch.4731,�mmunities are required to send copies of proposed plan amendments to adjacent jurisdictions.Council review guidelines allow local governments to send amendments only to affected �mmunities,however. Before submitting plan emendments for Council review,an�ndments must be considered by the c�mmunity'a governing body.Communities have two options.First,the govern- j�9 bodY�'�aY aPprove a plan amendment contingent upon favorable Metropolitan Council review,Or second,it may consider an amendment,but withhold final action until the � Metropolitan Councfl completes its review.Local governments also must still comply with the applicable plannir�g and zoni�enebling statutes(for clties,Minn.Stat,.Ch.462.351. st.seq.j. �estions of whether action by the planning oommission or public hearings are required ue snswered by revi�ving Minn.Stet.,Ch.467.�5�2) ("procedure for plan adoption �nd amendmenY'►,local ordinances and charters,and locai custom.Requirements vary from one cammunity to the next.lf you have a question about locai requirements, contact you�city attorney.He or the fs best equipped to enswer your questions.