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HomeMy WebLinkAbout09/13/16 City of Farmington A Proud Past-A Promising 430 Third Street Future Farmington,MN 55024 Committed to Providing High Quality, Timely and Responsive Service to All of Our Customers AGENDA PLANNING COMNIISSION September 13, 2016 7:00 PM City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) Variance request to expand a legal non-conforming use for the construction of a detached garage (b) An Ordinance amendning Title 6, Chapter 7 of the Farmington City Code as it relates to weeds 4. ADJOURN 40RMi City of Farmington p 430 Third Street ik =al Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 �*•.4 www.cifarmington.mn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: September 13, 2016 INTRODUCTION Attached, are the minutes from the August 16, 2016 special meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the August 16, 2016 special meeting. ATTACHMENTS: Type Description ® Backup Material August 16,2016 Special Planning Commission Meeting Minutes Planning Commission Minutes Special Meeting August 16,2016 1. Call to Order • Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty,Bjorge,Franceschelli,Kuyper,Rich Members Absent: None Also Present: Tony Wippler,Planning Manager 2. Approval of Minutes a. MOTON by Rich second by Franceschelli to approve the minutes of June 23,2016 and July 12,2016. • 3. Public Hearings—Chair Rotty opened the public hearings a. Conditional Use Permit,Site Plan and Preliminary and Final Plat—Hy-Vee,Inc. The proposed location is in Vermillion River Crossings,on the south side of CSAH 50. Hy-Vee has submitted a proposal for a 57,000 sq. ft. grocery store,along with a car wash and gas/convenience store. The store will include a sit down restaurant and medical clinic. A coffee shop will be attached to the grocery store. The store would be open 24 hours a day. It will be oriented north-south with the store directly west of the CDA housing and the parking lot to the north.The gas/convenience store would be on the • northern lot next to Dnshane Parkway,facing CSAH 50. The car wash will be to the west. Access to the gas station and car wash will be off of Dushane and Knutsen Drive. The grocery store delivery entrance would be in the southwest corner of the grocery store. All conditions for a conditional use permit have been met. The conditions of the site plan include submittal and approval of a sign permit,lighting plan,and a building permit. The plat is a re-plat of Outlots A and C of lot 1,block 1 of the original Vermillion River Crossings. It creates three lots and one outlot. Engineering is requiring a 20 foot drainage and utility easement across the southern portion of Lot 1,Block 2 and from the west end of the utility stubs on Lot 1,Block 2 to the west property line if the sewer,water and sanitary are not run to the property line. Conditions for approval of the preliminary and final plats include execution of a development agreement and the satisfaction of all Engineering and Planning comments. Mr.Randy Downs,Site Planner for Hy-Vee,was in attendance to answer any questions. Mr.Jack Webke,21400 Dushane Pkway,lives in an apartment directly to the east of the development. Residents of Vermillion River Crossings are very excited about this proposal. Mr.Webke asked about the timeline for the project.He asked about the traffic • generated as it does get congested at Dushane Pkwy and CSAH 50 and asked for a stop light at that intersection. There is a block-long street to the west of the convenience store, Pedersen Way. He would like to see that used as a second access to the grocery store rather than the only entrance being from Dushane. He toured Hy-Vee stores in other cities,and asked what the plan would be to enforce containment of outside refuse. He Planning Commission Minutes August 16,2016 Page 2 encouraged the planned landscape screening on the southeast corner. He encouraged the commission to move forward with the proposal. Regarding the traffic control at Dushane and CSAH 50,the county has spacing guidelines for traffic control. The next controlled intersection along CSAH 50 would be at Eaton Avenue if traffic counts are met. No traffic control is proposed at Dushane and CSAH 50 as it does not meet guidelines. Regarding Pedersen Way,extension to the south would take place with future development of the outlot. The landscape screening will be evergreens in the southeast corner. Mr.Randy Downs,representing Hy-Vee,stated no specific timeline has been established yet. They are under option to purchase the property so are obtaining approval of plans now;then they will purchase the property. Normally,construction would take place three to five years from now. He was aware of a future extension of Knutsen Drive towards the county property to reach the proposed controlled intersection at Eaton Avenue. Mr.Webke addressed the trash containment and if it was Hy-Vee's policy to contain trash within the building. Other sites they toured had trash outside. If Hy-Vee does not have rules to control the trash,he hoped the city could enforce it. Mr.Downs stated the stores have cardboard and refuse containers connected to the building. The intent is to not have refuse outside. The store directors manage the stores and this is not handled through the corporation. Mr.Thomas Donnelly,31711 ih Street,was very impressed with the proposal. He had a concern about the delivery trucks as they will be coming at all hours of the night. He suggested a different entrance for the trucks. Staff stated with this layout,the only entrance for delivery is to come in from the east. Commissioner Franceschelli had a concern with the traffic flow. At the convenience store there is an entrance off of Dushane coming into the gas aisles. This would be a right in—right out. In the main lot there is an entrance off of Knutsen and a customer entrance off of Dushane. He asked if that would be sufficient to handle the traffic flow. He felt there was not sufficient traffic flow off of Dushane. Pedersen Way is an alternative and did not think it should wait for development of the outlot. Commissioner Kuyper stated Lakeville has two accesses. The more accesses,the more potential for accidents. He noted the southern entrance lines up with the CDA entrance, so he would like to see a pedestrian crossing there. He liked the right turn in only for the gas station. He asked that the county make an exception for CSAH 50 traffic control. He was very happy Hy-Vee is coming to the city. Commissioner Bjorge was very pleased with this proposal. She asked about the process for getting a traffic study and if it would be done before or after a store opening. Staff reiterated the control would be at Eaton Avenue as Dushane is not within their spacing guidelines. Planning Commission Minutes August 16,2016 Page 3 Commissioner Rich was also very pleased with this proposal. He asked about the size of the store. Staff stated this would be a little over half the size of the Lakeville store. There is also a 23,000 sq.ft. expansion area. Commissioner Rotty note this development is bringing up to 400 new jobs,a pharmacy,a clinic,car wash and future expansion options. He supported this 100%and asked the rest of the commission to support this. MOTION by Bjorge,second by Kuyper to close public hearing. APIF,MOTION . CARRIED. MOTION by Kuyper,second by Bjorge to approve the conditional use permit and site plan with conditions. APIF,MOTION CARRIED. MOTION by Rich, second by Franceschelli to approve the preliminary and final plats with conditions. APIF,MOTION CARRIED. b. An Amendment to a Planned Unit Development-Trinity Farmington Health Services is requesting an amendment to the Planned Unit Development which included construction of a 10-bed unit for memory care,demolition of the remaining hospital building and construction of an addition to the nursing care center,also construction of two senior living apartment buildings on the west side of the property. The revised proposal removes the two senior apartment buildings on the west side of the property,adds a 29-unit nursing home addition of 29,435 square feet and a reduction in the front yard setback to 18.5 feet. It includes an addition to the north side of the nursing home for office,storage and delivery space. There would be an addition of 105 off-street parking stalls. There would be a new main entrance off of Ninth Street. Ms. Sarah Dutton,3121 la`Street,stated part of the proposal is adding a 10-bed group home. The only entrance is through the residential development which causes safety concerns with additional employees and visitors as well as the noise. There are trucks coming in during the night with deliveries. She asked that the entrance be located somewhere else within the Trinity campus. Ms. Carol Raw, CEO of St.Francis,stated the additional group home is not part of this proposal;it is for a future time. She has invited the residents to reach out to the campus administrator. They will ask that the trucks have a different delivery time. Ms.Amy Raman, 1021 Oak Street,asked about the additional entrance. Staff stated the extension is going up to the nursing home from the parking lot as a turn around. Mr.John Pellicci,of Pellicci Hardware,stated they were in favor of the project. Commission members were in favor of the project. They asked about a timeline and if a study was done for the reduction in parking spaces. Ms. Carol Raw stated this is adding 29 resident units and based on experience from other facilities,this parking will be sufficient. They will submit plans to the state in December 2016,if plans are approved they will be notified in February or March,and break ground in late 2017 or spring 2018. Planning Commission Minutes August 16,2016 Page 4 Mr.Thomas Donnelly,317 11th Street,asked about the guidelines for demolition such as dust control and recycling. Mr.Larry Rosh,representing the contractor,stated they would have an MPCA permit for demolition as well as a permit from the city. MOTION by Franceschelli,second by Kuyper to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli,second by Rich to recommend approval of the ordinance amending the subject PUD. APIF,MOTION CARRIED. c. Variance Request from the Minimum Front Yard Setback in the R-2 Zoning District The applicants are Mike and Paula Higgins, 815 2nd Street. They are seeking a variance to encroach into a required front yard setback for an addition to their home consisting of a 288 sq.ft.addition and three season porch onto the south side of their home. The setback adjacent to Beech Street would be reduced to five feet. This is a corner lot so they have a setback requirement from Beech Street and 2nd Street. MOTION by Franceschelli,second by Kuyper to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli,second by Bjorge to approve the variance to allow the construction of an addition onto the south side of their home with submittal and approval of a building permit. APIF,MOTION CARRIED. d. Variance Request to Allow the Construction of a Detached Garage on a Legal Non- conforming Lot The applicant is Keith Jueckels,504 Elm Street. The property owner is David Nicolai. The lot is substandard in both area and width. Mr Jueckels is proposing a detached garage,24 x 28 feet. It would have to be setback three feet from the rear and side property lines. MOTION by Kuyper,second by Bjorge to close the public hearing. APIF,MOTION CARRIED. MOTION by Rich,second by Franceschelli to approve the variance to allow construction of a detached garage with submittal and approval of a building permit. APIF,MOTION CARRIED. e. An Ordinance Amending Title 10,Chapter 4 of the Farmington City Code Opting Out of the Requirements of Minnesota Statutes,Section 462.3593 This item was discussed at the last meeting regarding temporary health care dwelling units. These would be small dwelling units placed on residential properties for elderly or handicapped family members.The city would like to opt out of this requirement as we have other facilities available to meet the health care needs of residents. Commissioner Rich was concerned that we would never address this again as the need is significant. He suggested this be enforced until January 1,2020. If no action was taken at that time,then state law would take over. The commission can review it at any time without a sunset date or develop our own ordinance to address this. MOTION by Rich,second by Kuyper to close the public hearing. APIF,MOTION CARRIED. MOTION by Rich,second by Bjorge to recommend approval of the Planning Commission Minutes August 16,2016 Page 5 ordinance opting out of the requirements of Minnesota Statutes Section 462.3593 and forward the recommendation to the City Council. APIF,MOTION CARRIED. 1. An Ordinance Amending Section 10-6-10 of the Farmington City Code as it Relates to Landscaping Requirements In the past there was a discussion on boulevard trees versus lot frontage trees. The ordinance was amended to move away from boulevard trees in new developments. Now lot frontage trees are placed on private property. There are maintenance costs with boulevard trees. Currently,the city will remove dead boulevard trees,but not replace them. The ordinance proposes four changes. 1. The ordinance provides a list of trees that are prohibited from being planted as boulevard trees. 2. The ordinance removes the list of allowable lot frontage trees and boulevard tree species. 3. The ordinance removes the language that property owners can replace a dead boulevard tree with a new tree in the boulevard. 4. The ordinance removes the list of acceptable shrubs and trees that can be placed under overhead utility lines and replaces it with standards for size of trees/shrubs and the required setback based on the height of the trees and shrubs. MOTION by Bjorge,second by Kuyper to close the public hearing. APIF,MOTION CARRIED. MOTION by Franceschelli,second by Kuyper to recommend approval of the ordinance amending section 10-6-10 of the City Code and to forward the recommendation to the City Council. APIF,MOTION CARRIED. 4. Discussion 5. Adjourn MOTION by Franceschelli second by Kuyper to adjourn at 9:00 p.m. APIF,MOTION CARRIED. Respectfull submitted, .e..a_, 22-7..0 , thia Muller Administrative Assistant 41t ii�► City of Farmington a p 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 , .4 * www.cifarmington.mn.us TO: Planning Commission FROM: Tony Wippler SUBJECT: Variance request to expand a legal non-conforming use for the construction of a detached garage DATE: September 13, 2016 INTRODUCTION The applicant, Suzanne Ackerson, is seeking variance approval to expand a nonconforming use for purposes of constructing a detached garage. The subject property is 108 4th Street. Section 10-4-2 of the city code states "Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of adoption or an additional control under this chapter,may be continued, including through repair,replacement,restoration, maintenance or improvement but may not be expanded except as permitted by the board of adjustment in accordance with the provisions of this title. Expansions of lawful nonconformities maybe permitted by the board of adjustment provided a variance is approved." Planning Review Site Address: 108 4th Street Property Owner/Applicant: Suzanne Ackerson Attachments: • Variance application • Submitted garage plans • Aerial site plan Legal Description: All of Lots 1, 2 and 3,Block 29 of the Town of Farmington lying South of the Railroad. Lot Size: 6,636 square feet Existing Zoning: B-3 (Heavy Business) 2030 Comprehensive Plan: Commercial Existing Land Use: Single-family residence Surrounding Land Uses:Single-family residences to the south;vacant commercially zoned property to the north and west(former railroad property);commercial property to the east(former Landscape Depot). Year Home was Built: 1940(according to Dakota County Parcel Records) DISCUSSION The applicant, Suzanne Ackerson, is seeking variance approval in order to expand a legal nonconforming use for purposes of constructing a detached garage on a residentially used property that is zoned for commercial uses. The subject property is located at 108 4th Street and is zoned B-3 (Heavy Business). According to Dakota County Property records, the home on the property was constructed in 1940 and has been utilized as a single-family residence ever since. The property was rezoned from R-2 to B-3 in 2002 as part of the 2020 Comprehensive Plan update which was originally approved in 2000. This property was one of several "fringe" residential properties that were rezoned in 2002 to a commercial designation. At the time of adoption of the 2020 Comprehensive Plan in 2000 city staff,the Planning Commission and City Council had determined that these properties held redevelopment potential for commercial expansion and were rezoned accordingly. Proposed Detached Garage Ms.Ackerson is proposing to construct an 352 square foot(16' x 22')detached garage on the northern portion of her property. The property does have a shed currently located on it. The shed would be removed with the construction of the detached garage. No other garage is located on this property. The property is zoned B-3 and requires a minimum six(6')foot side and rear yard setback. Additionally,the detached garage must be at least ten(10')from the principal structure. The applicant will have to ensure that the proposed garage meets and or exceeds these setback requirements. The maximum lot coverage within the B-3 zone is 35%. With the proposed garage,the coverage will be approximately 19.6%. As previously noted,the existing shed would be removed. The Planning Commission acting as the Board of Adjustment shall not approve any variances unless they find that"practical difficulties" as defined in city code exist using the following criteria: 1. Because the particular physical surroundings, or shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this title would cause practical difficulties. The home was constructed in 1940 as a residential use. The zoning of the property was changed in 2002 as part of the 2020 Comprehensive Planning process making the existing use of the property(residential)a nonconforming use The rezoning was initiated by the city and has created a practical difficulty for this property owner in that any expansion on this property requires variance approval by the Planning Commission. The existing home does not have a garage 2. That the variance would be consistent with the comprehensive plan. (see answer to#1 above) 3. That the variance would be in harmony with the general purpose and intent of this title. It is staffs belief that the approval of the variance is in harmony with the general purpose and intent of this title. 4. The conditions upon which the variance is based are unique to the parcel of land for which the variance is sought and are not applicable,generally,to other properties within the same zoning classification. The subject parcel is adequate in size to accommodate the proposed detached garage, however, the zoning has made the use of the property as a residence nonconforming. The city initiated the rezoning of this property to B-3 in 2002 along with several other adjacent residentially used properties This is generally not an applicable situation within the B-3 zoning district 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having any interest in the parcel of land. The city initiated and completed the rezoning of the subject property in 2002 thereby making the use of the property as a residence a legal nonconforming use 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property within the vicinity in which the parcel of land is located or substantially diminish property values. The granting of the variance will not alter the essential character of the locality or be injurious to other property within the vicinity in which the parcel of land is located or substantially diminish property values With the uses of the adjacent properties to the south as residential, a detached garage is not out of the ordinary in this general locality. 7. The proposed variance will not substantially increase congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The variance will substantially increase congestion on the public streets or increase the danger of fire, or be detrimental to the public welfare or public safety. 8. The requested variance is the minimum action required to eliminate the practical difficulties. The action requested is the minimum required to eliminate the practical difficulties. 9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of a one-family dwelling as a two-family dwelling may be authorized by variance. Legal nonconformities can be expanded with variance approval by the city's Planning Commission. ACTION REQUESTED Staff recommends approval of the variance request to expand the legal nonconforming use in order to construct a detached garage on the property located at 108 4th Street, contingent upon the following: 1. Submission and approval of a building permit. 2. The assurance that the proposed detached garage will meet and or exceed the required setbacks as outlined in code. ATTACHMENTS: Type Description © Backup Material Variance Application i Backup Material Submitted Garage Plans i Backup Material Aerial site plan s:$t7-r City of Farmington ..��,: 40�rdStreet AUG 1 9 2016 —^ FannIngton,Minn sato 65L280.6800•Fax 651280609 wwareifinaingiamenan VARIANCE APPLICATION Applicant:%/ %•47t"/,`- 9&kif4-•SOL, Telephone:U __ Fax: ( _) • Address: (�f 1f a- ' / 4"'Yj'I;vI�riyr4.� c idoff'7' Street City State Zip Code Owner:gq w g"11:?ue,.. )'Qdeeh S 00 Telephone:? 'f-03.-3 rite: ( ) Address: 11e 5 jL iGP'Y!'V 14(4✓ u 5-0 A,' Street City State Zip Code Premises Involved:P ! # . I t"14'17®d4 c2c7e4 Addfes .4tl� s/Lee t Description(lot,block,plat name,section,township,range) Current Zoning District Current Land Use /J Specific Nature of Request/Claimed Practical Difficulties: i (/1471 ""_ f5 e SUBMITTAL REQUIREMENTST • ('Proof of Ownership f$'Copies of Site Plan 0 Application Fee($200) 0 Abstract/Residential List(adjoining property owners only) ' t7 Bo /Lo Survey U Torrens(Owner's Duplicate C • cats of Title Required) IC " aSignatore of PropertyOwner • Date Signature of Applicant te Request Submitted to the Planning Commission on 1 For office use only Public Hearing Set for: Advertised in Local Newspaper: Planning Commission Action: Approved Denied Fee Paid $200—City of Farmington $446—Dakota County Recorder Comments: Conditions Set: Planning division: Date: 9/06 133.ABr5D BY: City ofFa®ngton 430 Tidrd Street Farmington,MN 55024 M • edY#16/7" (17 • #..‘s,- ii ;:,,, . . . . /- ( • .. . . t • 0.4. 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I i . , , , if .1 4 'l} :"41 . • J. 1 ` . / 40 . September 9, 2016 1:600 0 25 50 100 ft 1,1 I r , r i ' , (I ,ill • , I 0 5 10 20 m Aerial Photography I ;claimer.Mae and parcel data are believed to be accurate,but accuracy b not guaranteed.This is note legal document and should not he substituted for a title search,eporaisal.survey.or for zoni a verification. o�Fp►R�y�� City of Farmington p 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .,,paoso : • www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: An Ordinance amendning Title 6, Chapter 7 of the Farmington City Code as it relates to weeds DATE: September 13, 2016 INTRODUCTION Attached, for the Commission's consideration is an ordinance amending Title 6, Chapter 7 of the city code as it relates to weeds. DISCUSSION The proposed ordinance amendment as attached, includes three notable changes to the code provision. Those changes are: 1. Under Section 6-7-1 (Weed Defined)the language"(and such useless and troublesome plants as are commonly known as weeds to the general public)" has been removed. A types of weeds that would fall under this classification would be a dandelion, of which the city does not currently send violations letters for as it is not a noxious weed as defined by state law. 2. Under Section 6-7-2(Notice to Destroy)the language is amended in how the violator is noticed. Instead of a notice just being sent via registered mail, the amendment would require the notice be sent by regular post mail as well as posted on site. Staff feels this change will help address issues with timeliness of correcting the violation. 3. Under Section 6-7-3 (Action Upon Noncompliance)clarifies that if the grass and weeds are not destroyed or removed within 10 days after"mailing or serving and posting" the written notice that the city can proceed with the removal of said weeds and grass and bill the property owner for the work rendered. ACTION REQUESTED Recommend approval of the attached ordinance amending Title 6, Chapter 7 of the city code and forward that recommendation on to the City Council. ATTACHMENTS: Type Description a Ordinance Ordinance Amendment ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA AN ORDINANCE AMENDING TITLE 6,CHAPTER 7, OF THE FARMINGTON CITY CODES THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 6—Police Regulations,Chapter 7—Weeds,is hereby amended by adding the underlined language and deleting the strik gh as follows: CHAPTER 7 WEEDS 6-7-1:WEED DEFINED: For the purpose of this section,the term"weeds" means noxious weeds as defined by state law(and such useless and .: :- - : .- - :•-•-:. .: . - : -• • -- . .All weeds or growing grasses upon any platted lot in the city which are in excess of one foot(1'),or have gone or about to go to seed,are hereby declared to be a nuisance and dangerous to the health,safety and order of the city,with the following exceptions: (A)Slope Areas: Slopes that are steeper than three to one(3:1)may be left in a natural state. (B)Ponds/Wetlands:Property adjacent to ponds may be left in a natural state.Property owners will not be allowed to mow city property,including that property surrounding ponds. (C)Natural/Wildlife Areas:Natural areas which include parks,wetlands/ponds,unplatted land and other city designated areas may be left in a natural state. (D)Natural Areas On Platted Lots:Natural areas will be allowed on platted lots in backyards from the most rear corner of the home subject to a six foot(6')setback from the property lines,except in the case where the natural area is adjacent to another natural area or fence.A natural area contains"native grasses"meaning those species of perennial grasses other than those designated as noxious weeds by the Minnesota department of agriculture in 1505.0730 and 1505.0740. (E)Undeveloped Platted Lots:Any platted lot within the city that is undeveloped and does not share a common property line with any developed lot(s)which contains a principal structure may be left in a natural state. Noxious weeds must be removed regardless of where they exist.It shall be unlawful for an owner, lessee or occupant of any land described above to allow,permit or maintain a"nuisance"as defined herein on any such land or along the sidewalk,street or alley adjacent thereto.(Ord.015-698,6-15-2015) 6-7-2:NOTICE TO DESTROY: The city administrator is hereby authorized and empowered to notify,in writing,the owner of any such lot,place or area within the city,or the agent of such owner,to cut,destroy and/or remove any such weeds or grass found growing,lying,or located on such owner's property or upon the sidewalk or boulevard abutting same in violation of this ordinance or state law.Such notice shall be sent by registered mail,addressed to said owner as shown on count\ property tax records,at his/her last known address and posted on the property.(Ord.015-698,6-15-2015) 6-7-3:ACTION UPON NONCOMPLIANCE: Upon the failure,neglect or refusal of any owner or agent,so notified,to cut,destroy and/or remove such weeds or grass within ten(10)days after receipt of mailing or sen ina and posting the written notice provided for in section 6- 7-2 of this chapter,the city administrator is hereby authorized and empowered to pay for the cutting,destroying and/or removal of such weeds or grass or to order the removal by the city.(Ord.015-698,6-15-2015) 6-7-4: CHARGE A LIEN: When the city has effected the removal of such obnoxious growth or has paid for its removal,the actual cost thereof, plus accrued interest as provided by law,and penalty as set forth from time to time by resolution of the city council, if not paid by such owner prior thereto,shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the city,and said charge shall be due and payable by said owner at the time of payment of such tax bill,pursuant to the provisions of Minnesota Statutes Annotated 429.(Ord.015-698,6-15-2015) SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this_day of ,2016,by the City Council of the City of Farmington, Minnesota. CITY OF FARMINGTON By: Todd Larson,Mayor ATTEST: By: David McKnight,City Administrator (SEAL) Approved as to form the_day of ,2016. By: City Attorney Published in the Farmington Independent the day of ,2016.