Minutes - Planning Commission - 03/04/1997

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Mr. John Peterson, Good Value Homes, stated that the map distributed by City Hall showing the MUSA line and zoning is the same as one posted in the Council Chambers. He noted that a certain attorney asked for copies of documents submitted to the Metropolitan Council and took a copy of one page that he represented was the map the City is distributing. That is an inaccuracy because what is distributed is the same as the map posted in the Council Chambers and is what the Metropolitan Council approved. Mr. Michael Nixt, 6010 Radium Circle, stated that he is the alleged attorney and is speaking as a resident of the City. He stated that he wished to clarify that he disclosed to the Mayor that the source of the map he received from the City as being the most recently amended version of the Master Plan in the update of March 11, 1994, and he did not say it is the zoning map. The map posted in Council Chambers, which is the map being distributed by City Hall, has not been approved in accordance with the provisions of the City Charter and zoning ordinances in Chapter 9 of the City Zoning Ordinances. The map that is posted does not have approval of the 40-acre section that Good Value Homes wishes to develop. He would like clarification of this question. Commissioner Deemer stated that he reviewed the tape of the City Council meeting when Mr. Nixt talked about this issue, and what was just said is different than what was stated to the City Council. Mr. Nixt stated that his current position is that he has serious questions that the posted zoning map has been appropriately approved, and he would like to know where it came from. If he previously stated that it is a zoning map, he meant the map based on his review of City records. Mr. Jankowski stated that the posted map is a map of MUSA approved by the Metropolitan Council to allow for sewer expansion. It is different from the zoning map to the extent that the zoning map contains various designated zoning areas. It has been City policy for the last six or seven years that when land use comes into MUSA, it has not historically been changed from R-1 Rural to R-1 Urban. Whether that is appropriate or legal is in the process of review by the City Attorney. As the City continues to review the question, he suggested that the Planning Commission make recommendations on the current cases contingent upon proper zoning being obtained. Mr. Nixt stated that there is an issue of City procedure on this matter. Based on his limited review, until such time as the City goes forward and makes some official announcement or grant of right to develop this land, the City still has the recourse to abstain. He believes it would be prudent to determine what the property zoning is on this tract of land and whether the City is in error. He stated that he is not at the meeting to challenge the Planning Commission. However, when he moved to Ramsey, the land behind his property was R-1 Rural; now it is R-1 Urban; and nothing has happened. He would like to be sure that the established procedure is being used. Mr. Hendrickson stated that he requested the current Comprehensive Plan from City Hall and was presented with the March 11, 1994 update. Within that updated version is the map which only includes 50 percent of the area known as Apple Ridge. After the August 15 vote on the Charter amendment any rendering of MUSA would have to go through that process. The Metropolitan Council does not dictate the MUSA boundaries but approves what the City presents; and he does not believe the amended MUSA line from March 11, 1994 was properly approved by the City Council. That means that the valid MUSA boundary is the one approved prior to October 20, 1993. Planning Commission/March 4, 1997 Page 2 of 11