HomeMy WebLinkAboutweekly notes - May 25th 2017 CITY OF OAK PARK HEIGHTS—WEEKLY NOTES for: May 251h,2017
TO: City Council Members& Sfaff
FROM: Eric Johnson,City Admits
Zoning and Development Items: '
1. No new applications have been received.
2. A letter was sent to 14836 56th Street N-requiring yard clean-up and abatement of several nuisances—potentially a
"hoarder-type"property.See enclosed.
3. The mountain biking group developing the trails in Valley View Park will be installing a bike fix-it station with air pump and
tools;this equipment is being donated,should be quite durable is open to any user and should be completed in the next
10 days.
4. Staff has asked the MET COUNCIL for certain sewer flow figures from both Bayport and the City of Stillwater.We are
attempting to track down a possible over-billing of the City from 2016.A copy of the request is enclosed that summarizes
some of the concerns.
5. The City did grant a final extension to Creative Homes for the development of the Palmer Property;to date no further
information has been received.They have been asked 1 reminded to be sure the grass get trimmed.
6. Staff did meet with Washington County to discuss the Osgood Ave project Based on the feedback received from the City
Council Worksession-the enclosed letter dated 5124117 was supplied to Mr.Allen Brandt of Washington County that
outlines the City's general take on the plans to date,including the use of City lands for a County pond.
Other items
• The LMC has informed the City that there will be a 0.00 increase in dues for 2017-2018 fiscal year- please see the enclosed
communication
Mayor McComber provided:
1. Copy of a Notice from the City of Stillwater—Board of Water Commissioners—LGU for Wellhead Protection-(OPH is not required
to do anything at this time)
2. Copy of the LMC Position on the recent Small Cellular Wireless Bill.
3. METRO CITIES NEWS—5-23-17
Please call me at any time it you have questons 651-253-7837
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CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,M 55082-2007 • 'hone:651/439-4439 • Fax:651/439-0574
May 25, 2017
Ms. Carol Winegar
14836 56th St. N.
Oak Park Heights, MN 55082
Re: Public Nuisance Abatement& Safety Abatement Requests Hand-Delivered
14836 56th St. N.
Property ID 04.029.20.14.0020
Dear Ms. Winegar:
The City has previously contacted you with regard to the condition of your yard and safety hazards resulting
from its condition. I am writing today with regard to these matters and the condition of the deck and
stairway attached to the rear of your home.
As the owner of the above-reference property, you are responsible for the maintenance and upkeep of the
property and are hereby ordered to eliminate all conditions which violate Oak Park Heights City Ordinances
& MN Building Code.
The following code violations exist upon the above-referenced property:
1. Ordinance 1301, Section 1301.05 An Ordinance Regulating and Limiting the Storage of Vehicles
And Declaring Certain Vehicles to Be a Public Nuisance; and
2. Ordinance 1109 Nuisance Ordinance, Sections 1109.03 Public Nuisances Affecting Health, Safety,
Comfort or Repose and 1109.04 Public Nuisances Affecting Peace and Safety; and
3. Ordinance 401.15. General Building and Performance Requirements, Sections 14 Exterior Storage;
and
4. Ordinance 401.15 Off-Street Parking and Loading, Section 1, f(1)Residential Use Parking; and
5. 2015 Minnesota State Building Code Section 13 00.018 0 Unsafe Buildings and Structures.
A copy of the referenced Ordinances and Code are enclosed.
There are accumulations of debris at both the front yard driveway and entry areas and to the rear yard at the
upper and lower level deck and patio area and to the rear yard area. At the front yard driveway, there are
two motor vehicles that are stored with debris,that are not currently licensed and do not appear to be in
operating condition. At the corner of the rear yard there is a shed that has fallen apart and an accumulation
of debris andlother items. To the rear of the house,the upper Ievel deck and its stairway adjacent to the
deck is deteriorated and is unsafe for use. The yard area is in need of leaf raking and mowing maintenance.
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The following action is required to correct the violations(s):
1. All piled and stored debris to all exterior areas of the residential structured are to be removed,
including those areas upon the deck, below it at the patio, within the front entry area exterior and any
items currently place within and/or around the dilapidated shed at the rear yard.
2. The dilapidated shed to the rear yard is to be reassembled so that it is in sound condition and
appropriately placed to rear yard so that it at minimum 5-feet from the side yard property line and 8-
feet from the rear yard property line.
3. All motorized vehicles upon the driveway shall be addressed so that they display current license and
registration and are in operable condition with operable tires.
4. The deck and its exterior stairway shall be removed. This removal requires a building permit from
the City of Oak Park Heights and shall be performed by a MN licensed residential contractor. The
deck may be removed and replaced in conjunction with one another; however, in no case may the
deck and stairs remain in place. If the deck is not planned for reconstruction at the time the existing
deck and stairway are removed, the existing patio door at the upper IeveI shall be blocked so that
access to the outside is no permitted.
5. The yard area shall be raked clear of leaves, cleared of fallen branches and mowed.
Yard maintenance and cease of stockpiling shall be maintained upon successful compliance abatement.
This letter serves as the City's request for abatement of the above described and as outlined in City
Ordinance 1109. You are ordered to have items 1, 2, 3, & 5 fully complied with no later than Monday,
June 5, 2017. A permit shall have been issued for demolition of the deck & stairway structure no later than
Monday, June 26, 2017. Compliance verifications will be made.
Kindly contact me immediately with any questions you may have regarding this request or to schedule an
appointment to discuss the matter. Your prompt attention is required.
Sincerely,
PLANNING & CODE ENFORCEMENT
Juli ultman
Building Official
Enclosures
c: Eric Johnson. CiIN Administrator
Brian DeRosier, Chief of Police
Mark Vierling, City Attorney
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1301
AN ORDINANCE REGULATING AND LIMITING THE STORAGE OF VEHICLES AND
DECLARING CERTAIN VEHICLES TO BE A PUBLIC NUISANCE.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1301.01 Definitions.
The following words and terms for the purpose of this Ordinance are defined as
follows:
A. "Junk Car" means any motor vehicle which is not in operable condition,
partially dismantled, used for repair of parts or as a source of repair or
replacement parts for other vehicles, kept for scrapping, dismantling or
salvage of any kind,or which is not properly licensed for operation within the
State of Minnesota.
B. "Person" means a natural person, firm, association, partnership, or
corporation including any agent of any of the aforesaid.
C. "Public Place" means any street, avenue, alley, road, highway, boulevard,
parking lot or facility,park, or other public property or premises.
D. "Unclaimed Vehicles"means any impounded vehicle not claimed by or,for
any reason, not released to the owner thereof within twenty-four(24)hours
after notice is either received by the owner or notice mailed to him as
provided herein.
1301.02 Certain Vehicles Declared a Public Nuisance,Removal and Imyoundin,Thereof.
Any vehicle, whether occupied or not, that is found stopped, standing, or parked in
violation of the traffic regulations and provisions of the City of Oak Park Heights,or
that is reported stolen or that is found impeding fire fighting, snow removal or the
orderly flow of traffic,or any stock or junk car on any public place,or on any private
land or premises,unless it shall be in a building,such vehicle is hereby deemed and
declared to be a public nuisance and such nuisance may be abated in the manner
hereinafter set forth. Any City police officer, fireman, or other duly authorized
personnel, such as City employees in charge of roads and snow removal, may
immediately order such nuisance vehicle to be removed and impounded in the
manner hereinafter provided and it shall be surrendered to the duly identified owner
thereof by the towing company only upon payment of the fees hereinafter provided
which are declared to be the vehicle pound fees covering such vehicle.
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1301.09 Storage of Impounded Vehicles.
The towing company during the time the vehicle is impounded shall not permit the
vehicle to be removed or released to the owner until the impounding and storage fees
hereinabove provided have been paid. At the time of the return of the vehicle, the
towing company shall release the same by a release in writing which will state the
date of such release together with the charges enumerated thereon and the purpose for
which such charges were made.
1301.10 Report of Police Officer.
Any police officer or other authorized person directing the impounding of any
unoccupied or damaged vehicle shall prepare a written report of such vehicle which
report shall, among other things, include the following: make of the car, license
number, separate articles of personal property, general description of the car with
regard to condition,damaged parts,and other such information as may be necessary
to describe adequately the vehicle and property delivered to the towing company.
The towing company shall receipt for and check such report and his signature thereon
shall be considered a receipt for the vehicle and the property described therein.
1301.11 Sale of Vehicles.
Any motor vehicle which is impounded pursuant to this or any other ordinance or
statute and which is not released within thirty (30) days of mailed notice to the
owner, may be sold by such City to the highest bidder at public auction or sale,
following reasonable published notice thereof. The proceeds of any such sale shall
first be applied toward the cost of handling,storing and sale of such vehicle. The net
proceeds shall be placed in the General Fund. If within six(6)months of such sale,
the former owner applies to the City Clerk for payment of such net proceeds, and if
satisfactory proof of ownership is presented, the net proceeds shall be paid to such
former owner.
1301.12 Sale of Vehicle Where Owner of Vehicle Cannot Be Identified.
If any such vehicle is found and removed under circumstances which do not give the
Police Department or the towing company knowledge or means of inquiry as to the
true owner thereof, such facts shall be immediately reported to the City Clerk. Any
such vehicle,or any other vehicle or property unclaimed or abandoned by any owner
for a period of thirty(3 0)days from and after such impounding,shall be sold by the
City of Oak Park Heights at a public sale.
1301.13 Penalt .
Any person violating any provision of this Ordinance shall upon conviction thereof,
be punished by a fine not exceeding Seven Hundred Dollars ($700.00) or by
imprisonment for not exceeding ninety(90) days, or both.
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1109
NUISANCE ORDINANCE
AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR CREATION OR
MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION
THEREOF.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1109.01 Public Nuisance Defined.
A public nuisance is a thing, act, or use of property which shall:
A. Annoy,injure,or endanger the health,safety,comfort or repose of the
public;
B. Offend public decency;
C. Unlawfully interfere with the use of,or obstruct or tend to obstruct,or
render dangerous for passage, a public water, park, square, street,
alley, or highway;
D. Depreciate the value of the property of the inhabitants of the City of
Oak Park Heights or of a considerable number thereof; or
E. In any way render the inhabitants of the City of Oak Park Heights,or
a considerable number thereof,insecure in life or in use of property.
1109.02 Definitions.
A. "City" means the City of Oak Park Heights, Washington County,
Minnesota.
B. "Person"includes any person, form or corporation,and the singular
shall include the plural.
C. Where references are made herein to particular officers, councils,
boards or agencies, such officers, councils, boards or agencies are
those of the City of Oak Park Heights.
D. "City Council" means the City Council of the City of Oak Park
Heights,Minnesota.
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1109.03 Public Nuisances Affecting Health Safe Comfort or R ose.
The following are hereby declared to be public nuisances affecting health, safety,
comfort, or repose:
A. All decayed or unwholesome food offered for sale to the public;
B. All diseased animals running at large;
C. Milk which is produced by cows which have not been tested and found free
of tuberculosis within the year previous to the offering of such milk for sale
to the public;
D. Carcasses of animals not buried or destroyed within twenty-four(24)hours
after death;
E. Accumulations of manure and rubbish;
F. Privy vaults and garbage cans which are not fly-tight;
G. Dumping the contents of any cesspool,privy vault,or garbage can except at
places authorized by law or allowing any cesspool or individual sewage
disposal system to overflow in any manner;
H. All noxious weeds, tall grasses, and other rank growths; the word "weeds"
shall be construed to mean and include all noxious weeds as defined by the
Statutes of the State of Minnesota and all such useless and troublesome plants
as are commonly known as weeds to the general public. All grasses growing
to a height greater than six (6) inches upon any lot or parcel of land within
the platted portions of the City of Oak Park Heights are hereby declared to be
a nuisance;
I. An accumulation of tin cans, bottles, or trash or debris of any nature or
description: and the throwing, dumping or disposing of any dead animals,
manure, garbage, waste, decaying matter, ground, sand, stones, ashes,
rubbish,tin cans,or other material or debris of any kind on private property;
J. Dense smoke, noxious fumes, gas, and soot or cinders in unreasonable
quantities;
K. Offensive trades and businesses as defined by statute or ordinance not
licensed as provided by law;
L. All public exposure or persons having a contagious disease;
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M. The distribution of sample or medicine or drags unless such samples are placed
in the hands of an adult person by someone properly licensed;
N. All other acts, omission of acts, occupations, and uses of property which are
deemed by the City Council and the City Health Officer to be a menace to the
health of the inhabitants of the City or a considerable number thereof;
O. It shall be a nuisance for any person to cause or permit a domesticated animal to
be on any property,public or private, not owned or possessed by such person,
unless such person has in his/her immediate possession a device for the removal
of excrement to a proper receptacle located upon property owned or possessed
by such person;
P. It shall be a nuisance for any person in control of, causing or permitting any
domesticated animal to be on any property, public or private, not owned or
possessed by such person,to fail to remove excrement left by such domesticated
animal to a proper receptacle located on the property owned or possessed by
such person.
Q. The provisions of Subparagraphs O and P of this Section shall not apply to the
ownership or use of seeing eye dogs by blind persons,dogs when used in police
activities by the City or County Sheriffs Department, or tracking dogs when
used by or with the permission of the City.
1109.04 Public Nuisances Affecting Peace and Saf
The following are declared to be nuisances affecting public peace and safety:
A. All snow and ice not removed from public sidewalks twelve(12)hours after the
snow and ice have ceased to be deposited thereon;
a. Snow, ice or any other debris may not be placed into or upon City street
surface by any party without a Permit issued from the City.
b. Snow, ice or other debris generated from private lands may not be plowed or
dragged across a City street for purposes of snow storage and/or snow
wasting.
c. Depositing of snow generated from private lands upon a public right of way
that is not immediately adjacent,contiguous and on the same side of the
street is also prohibited.
B. All wires which are strung less than fifteen (I5) feet above the surface of any
public street or alley;
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C. All buildings, walls, and other structures which have been damaged by fire,
decay or otherwise as to an extent exceeding one-half(%Z)of their original value
or which are so situated so as to endanger the safety of the public;
D. All explosives,inflammable liquids and other dangerous substances or materials
stored or accumulated in any manner or in any amount other than that provided
by law or ordinance;
E. All use of display or fireworks except as provided by law or ordinance;
F. All of the following activities axe hereby declared to be public nuisances:
1. Any snow removal activities on private property located within 500
feet of any residential district of the city,using plows, dump trucks,
payloaders or any mechanized equipment between the hours of 10:00
o'clock. p.m.and 6A0 o'clock a.m.This provision shall not apply for
any time period in which the City has declared a snow emergency.
2. Any parking lot sweeping,paving,or seal coating activities occurring
between the hours of 10:00 o'clock.p.m.and 6:00 o' clock a.m.
3. All construction activities where the use of power nailers,power saws,
earth moving equipment,bulldozers,or any power equipment is being
used between the hours of 10:00 o'clock p.m. and 7M o'clock am.
4. The owning,keeping, aharboring of any animal which shall,by any noise,
unreasonably and/or excessively disturbs the peace and quiet of
any person in the vicinity. The phrase "unreasonably and/or
excessively disturb the peace and quiet" shall include, but is not
limited to, the creation of any noise by an animal which can be
heard by any person, including an Animal Control Officer or
law enforcement officer,from a location off the dog or cat
owner's property where the animal is being kept, and which
noise occurs repeatedly over at least a five (5)minute period of
time with one (1) minute or less lapse oftimebetweeneach animal
noise duringthe five(5)minute period,This provision shall not apply
to dogs and cats which are regulated under Chapter 601 Section
601.13 A. (5).
5. The removal of commercial waste and refuse, emptying or
removal of dumpsters and drop boxes from any non-residential
zoned area within the city between the hours of 100 o'clock
pan.and 6fl0 o'clock a.m.
6. No person shall use or operate, or permit the use or operation of
any electronic sound system or audio equipment including but not
limited to any compact disc player, cassette tape player, a.m. FM
radio, citizen band radio, paging system, musical instrument,
phonograph, or any other device design for the production or
reproduction of sound in a distinctly loud and audible manner
as to unreasonably disturb the peace quiet and comfort of a
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reasonable person or reasonable persons nearby.
a. It shall be presumed that a violation of this section hes occurred
when any electronic sound system or audio equipment is
operated in a manner in which it is plainly audible, at a distance
of 50 feet or more from its source between the hours of 10:00
p.m. and 6:00 am. It shall be presumed that a violation of
this section has occurred when any electronic sound or audio
equipment is operated in a manner which is plainly audible
from its source at a distance of 100 feet or more between the
hours of 6:00 a.m. and 10:00 p.m.
b. When noise of violating this section is produced by an
electronic sound system or audio equipment that is located in
or on a vehicle, the driver the vehicle and the person who
owns or is in control of the vehicle is guilty of the violation.
c. This section shall not apply to sound produced by the following:
i. amplifying equipment used in connection with the with
activities which are authorized, sponsored orpermitted
by the city, so long as the activity is conducted
pursuant to the conditions of the license,permit or
contract authorizing such activity;
ii. church bells,chimes,carillons, school bells, or emergency
civil the fires warning signals.
iii. antitheft devices
iv. machines or devises for the production of sound on or in
authorized emergency vehicles
G. All buildings and all alterations to buildings made or erected in violation of
fire ordinances and building codes concerning manner and materials and
construction;
H. Obstructions and excavations affecting the ordinary use of the public of
streets,alleys,sidewalks or public grounds,except under such conditions as
are provided by ordinance, and any other excavation left unprotected or
uncovered indefinitely or allowed to exist in such manner as to attract minor
children;
I. Radio aerials strung or erected in any manner except that provided by law or
ordinance;
J. The piling, storing or keeping of old machinery, wrecked, junked, or
inoperative vehicles,and other junk or debris;
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K. The use of property abutting on a public street or sidewalk, or any use of a
public street or sidewalk, which causes large crowds of people to gather
obstructing traffic and the free use of public streets or sidewalks;
L. All hanging signs,awnings,and other similar structures over public streets or
sidewalks or so situated as to endanger public safety, not constructed or
maintained as provided by law or ordinance, or without droner hermit-
M. The allowing of rain, water, ice, or snow to fall from any building or any
public street or sidewalk or to flow across any public sidewalk;
N. All dangerous, unguarded machinery, equipment, or other property in any
public place, or so situated or operated on private property so as to attract
minor children;
O. Throwing,dropping,or releasing printed matter,paper,or any other material
or objects over and upon the City from an airplane,balloon or other aircraft
or in such a manner as to cause such materials to fall on land in the City;
P. Placing entrance culverts or doing any act which may alter or affect the
drainage of public streets or alleys or the surface or grade of public streets,
alleys, or sidewalks without proper permit;
Q. Making repairs to motor vehicles,or tires in public streets or alleys excepting
only emergency repairs when it will not unduly impede or interfere with
traffic;
R. Throwing, placing, depositing, or burning leaves, trash, clippings, weeds,
grass, or other materials in the streets, alleys or gutters;
S. Erecting, painting, or placing of unauthorized traffic signs or advertising
signs in streets, or alleys or on sidewalks;
T. All unnecessary interferences and disturbances of radios or TV sets caused by
defective electrical appliances and equipment or improper operation thereof;
U. Driving motorized scooters,bicycles,motorcycles,or any type of motorized
vehicle on any sidewalk, walkway or private property of others, and the
driving of said vehicles in a loud, noisy, or unsafe manner or in groups of
more than two (2)on any public street, alley,or roadway;
V, To operate any private parking lot without keeping the same reasonably free
from dust;
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W. To operate any artificial lighting devices upon any residential,commercial or
industrial premises so as to cause a distraction to passing motorists or to
operate said artificial lighting devices upon any residential, commercial or
industrial premises without some effective device so as to protect adjacent
premises from being adversely affected thereby;
X. The maintenance of any tree or shrub,the roots of which are causing damage
to any public sewer,sidewalk,pavement,or other public property,or setting
out or planting any tree or bush in the public street or any portion thereof;
Y. All other conditions, acts, or things which are liable to cause injury to the
person or property of another;
Z. Any use of the public beach or public areas of Oak Park Heights after the
hour of 10:00 p.m.
1109.05 Enforcement.
It shall be the duty of the City Council by and through the Oak Park Heights Police
Department to enforce the provisions of this Ordinance and the City Council may by
resolution delegate to such other officers or agencies power to enforce particular
provisions of this Ordinance,including the power to inspect private premises and the
officers charged with enforcement of this Ordinance shall take all reasonable
precautions to prevent the commission and maintenance of public nuisances.
1109.06 Powers of Officers.
A. Whenever in the judgment of the officer charged with enforcement, it is
determined upon investigation that a public nuisance is being maintained or
exists within the City, such officer shall notify in writing the person
committing or maintaining such nuisance and require him to terminate and
abate said nuisance and to remove such conditions or remedy such defects.
Said written notice shall be served upon the person committing or
maintaining said nuisance in person or by registered mail. If the premises are
not occupied and the address of the owner is unknown,service on the owner
maybe had by posting a copy of the notice on the premises. Said notice shall
require the owner or occupant of such premises,or both,to take reasonable
steps within a reasonable time to abate and remove said nuisance,said steps
and time to be designated in said notice, but the maximum time for the
removal of said nuisance after service of said notice shall not in any event
exceed thirty (30) days. Service of notice may be proved by filing an
affidavit of service with the City Clerk setting forth the manner and time
thereof.
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due and mail it to the owner. Such amount shall be immediately due and
payable at the office of the city clerk. If the bill remains unpaid,the city clerk
may commence a civil action to collect said bill, or undertake the process
described in subparagraph(A). If undertaken as a special assessment process,
the bill provided to the owner may take the form of mailed notice of the
special assessment under Minnesota Statutes, Chapter 429, as amended.
1109.08 Penalties.
Any person who shall cause or create a nuisance or permit any nuisance to be created
or placed upon, or to remain upon any premises owned or occupied by him, and any
person who shall fail to comply with any order made under the provisions of this
Ordinance, upon conviction thereof shall be guilty of a misdemeanor and shall be
punished by a fine of not more than Seven Hundred Dollars ($700.00) or by
imprisonment in the County Jail for not more than ninety(90) days, or both.
1109.09 Separability.
Every section,provision, or part of this Ordinance is declared separable from every
other section,provision or part; and if any section,provision or part thereof shall be
held invalid, it shall not affect any other section,provision or part.
1109.10 Conflicting Ordinance Repealed.
All ordinances and parts of ordinances that conflict herewith are hereby repealed.
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k
401.15.B. General Building and Performance Requirements.
14. Exterior Storage. All materials and equipment except as provided below and in
Sections 401.21 through 401.34 of this Ordinance shall be stored within a
building or fully screened so as not to be visible from adjoining properties and the
public right-of-way except for the following:
a. Clothes line poles or wires.
b. Not more than a total of two (2) recreational vehicles and/or pieces of
equipment (not including racing cars).
C. Construction and landscaping materials currently being used on the
premises.
d. On and off-street parking of currently registered and operable passenger
vehicles and trucks not to exceed a gross weight of twelve thousand
(12,000) pounds.
e. Lawn furniture or furniture used and constructed explicitly for outdoor use.
f. All firewood stored on residential premises shall be stored in the side yard
or rear yard and stacked neatly.
401.15.F. Off-Street Parking and Loading.
I Off-Street Parking Purpose. The regulation of off-street parking spaces in
these zoning regulations is to alleviate or prevent congestion of the public right-
of-way and to promote the safety and general welfare of the public, by
establishing minimum requirements for off-street parking of motor vehicles in
accordance with the utilization of various parcels of land or structures.
f. Residential Use Parking.
1} Except as provided below in Subsection 41.2 and except on a
limited, temporary basis involving guests or work being performed
on site, on and off-street parking facilities shall be utilized solely for
the parking of licensed and operable passenger automobiles, vans,
one (1) truck not to exceed gross capacity of twelve thousand
(12,000) pounds; and recreational vehicles and equipment which
are the property of the occupant, except as provided below in
Subsection 41.2. Under no circumstances shall required facilities
accessory to residential structures be used for the storage of non-
qualifying commercial vehicles, commercial equipment, or for the
parking of automobiles belonging to the employees, owners,
tenants or customers of business or manufacturing establishments.
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2) For detached single family uses in residential zoning districts, the
off-street parking of vehicles other than those stipulated in
Subsection 4.f.1 above may be allowed as an interim use permit
pursuant to Section 401.05 of these zoning regulations, provided
that:
a) i ne property fronts on an improved public street which is
determined by the City Engineer to be capable of carrying
the vehicles in question without undue damage.
b) The type of vehicle to be parked does not create an
unreasonable safety hazard to neighboring residents or the
public utilizing the street(s) servicing the property.
c) The site upon which the vehicle is parked has adequate
space to allow turning movements and parking which does
not result-in the backing of vehicles from or onto the public
street.
d) The parking of such vehicles does not adversely affect
neighboring property owners as it relates to noise.
e) The parking of such vehicles is screened from neighboring
properties and the public right-of-way to the extent
determined as necessary by the City Council in compliance
with Section 401.15.E. of this Ordinance.
f) The provisions of Section 401.05 of this Ordinance are
considered and determined to be satisfied.
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2015 MINNESOTA BUILDING CODE ADMINISTRATION
N (3) The similar building has the same physical dimen- fees are established by Minnesota Statutes, Section N
N sions and structural design as the master plan; 326B.148.Reports and remittances by municipalities must be N
H Exception: The following modifications to the filed with the commissioner. M
master Ian are not considered to be significant g p y N
N p g Surcharge fees imposed b the state are in addition to
M modifications, according to Minnesota Statutes, municipal permit fees. Surcharge report forms and informa- M
Section 326B.106, subdivision 1,and are permit-
M tion may be obtained by writing the commissioner. IM,
ted for dwelling units and their accessory strut- N
N tures built to the International Residential Code, N
Hand residential occupancies built w the Interna- 1300.0170 N
M tianal Building Cade that are three stories or less STOP WORK ORDER N
11
N in height and their accessory structures: N
M a foundation configurationsIf the building official finds any work regulated by the code N
M ( ) out,and full basets of walkout, look- being performed in a manner contrary to the provisions of the N
N ' code or in a dangerous or unsafe manner,the building officialN
N (b) alternate foundation materials approved by is authorized to issue a stop work order or a notice or order N
N the building official; pursuant to part 1300.0110,subpart 4. M
M (c) roof design changed by a revised truss pian The stop work order shall be in writing and issued to the M
M approved by the building official;and owner of the property involved, to the owner's agent, or to N
N (d) other modifications approved by the building the person doing the work. Upon issuance of a stop work N
M official; order, the cited work shall immediately cease.A person who N
N continues work after having been served with a stop work N
N (4) occupancy groups other than those identified in order, except for work that the person is directed to perform N
N the exceptions listed in part 1300.0160,subpart 6, to remove a violation or unsafe condition,is subject to penal- N
M item A,subitem(3),must be the same type of con- ties as prescribed by law. The stop work order shall state the N
N struction and occupancy classification and must reason for the order and the conditions under which the cited N
H have the same exit system; work will be permitted to resume. M
N
N lException:Minor changes to the exit access;and M
N
N (5) the similar plan is based on a master plan for N
N which the municipality has issued a permit within 13B0.�11$fl N
N the last 12 months. UNSAFE BUILDING$OR STRUCTURES N
MB.Flan review fees for similar building plans must be A building or structure regulated by the code is unsafe, for M
M based on the costs commensurate with the direct and purposes of this part,if it is structurally unsafe, not provided M
N indirect cost of the service,but must not exceed 25 per- with adequate egress,a fire hazard,or otherwise dangerous to M
N cent of the normal building permit fee established and human life. M
N charged by the municipality for the same structure. "
Building service equipment that is regulated by the code is N
M C. The plan review fee charged for similar building plans unsafe, for purposes of this part, if it is a fire, electrical, or N
M applies to all buildings regulated by the code regardless health hazard; an unsanitary condition; or otherwise danger- N
N of occupancy classification including industrialized/ ous to human life. Use of a building, structure, or building N
N modular buildings constructed under a program speci- service equipment constituting a hazard to safety, health, or N
N fled in Minnesota Statutes,Section 326B.194, public welfare b f inadequate y reason omaintenance, dilapi- N
N D.The applicant must submit a new plan set and other dation, obsolescence, fire hazard, disaster, damage, or aban- N
N information as required by the building official for each donment is, for the purposes of this part, an unsafe use. N
N building reviewed as a similar building. Parapet walls, cornices, spires, towers, tanks, statuary, and N
M other appendages or structural members that are supported N
N Subp.7.Payment of fees.A permit shall not be issued until by, attached to, or a part of a building and that are in deterio- N
N the fees prescribed by the municipality have been paid.
M rated condition or otherwise unable to sustain the design N
I M Subp. S. Work wrein,e,ng before pelt issuance. loads that are specified in the code are unsafe building N
N work for which a permit is required by the code has been appendages. N
NN commenced without first obtaining a permit,a special 1nveSti- The building official shall order any building or portion of ;�
gation shall be made before a permit may be issued for the a building to be vacated if continued use is dangerous to life, "M
N work. An investigation fee established by the municipalityhealth, or safety of the occupants. The building official shall M
shall be collected whether or not a permit is issued and is in have the authority to order, disconnection of utility services M
M raddit t n to the required permit fees,but it may not exceed the to the building,structure,or system,regulated by the code,in M
M case of an emergency to eliminate a hazard to life or property. M
N Subp.9.Fee refunds.The municipality shall establish a per- The order shall be in writing and state the reasons for the M
N alit and plan review fee refund policy. action. N
Nes.Subp.10.State surcharge feAll municipal permits issued All unsafe buildings, structures, or appendages are public N
N for work under the code are subject to a surcharge fee. The nuisances and must be abated by repair,rehabilitation,demo- N
2015 WO&OTA BUILDING CODE ADMINISTRATION 11
t
2075 MINNESOTA BUILDING CODE ADMINISTRATION
N lition, or removal according to Minnesota Statutes, Sections official, upon notification, shall make the requested inspec- N
M 453.15 to 463.26. tions and shall either indicate the portion of the construction N
M that is satisfactory as completed or notify the permit holder or N
M an agent of the permit holder of any failures to comply with M
M 1300.0190 the code.Any portion that does not comply shall be corrected M
M TEMPORARY STRUCTURES AND USES and the portion shall not be covered or concealed until autho- N
N rized by the building official. N
M Subpart 1.General.The building official may issue a permit
M for temporary structures and temporary uses. Subp. 6. Required inspections. The building official, upon M
N notification, 'shall make the inspections in this part. In addi- M
N Subp. 2.Conformance.Temporary structures and uses shall tion to the inspections identified in this subpart, see applica- M
N conform to the structural strength, fire safety, means of ble rule chapters in part 1300.0050 for specific inspection and M
N egress, accessibility, light, ventilation, and sanitary require- testing requirements. M
M ments of the code as necessary to ensure the public health,
M safety,and general welfare. A. Footing inspections shall be made after excavations N
N for footings are complete and any required
Subp.
N
N Subp. 3. Termination of approval. The building official steel is in place. Materials for the foundation shall be N
N may terminate the permit for a temporary structure or use and on the job,except that concrete need not be on the job N
N order the temporary structure or use to be discontinued if the if the concrete is ready mixed according to approved M
N conditions required in this part have not been complied with. nationally recognized standards. M
M N
N B. Foundations: N
N 1300.0210 (1)Foundation inspections for poured walls shall be M
N INSPECTIONS made after all forms are in place with any required M
MSubpart 1. General.Construction or work for which a per- reinforcing steel and bracing in place,and prior to M
N mit is required is subject to inspection by the building official pouring concrete. M
N and the construction or work shall remain accessible and (2)All foundation walls shall be inspected prior to N
N exposed for inspection purposes until approved. Approval as backfill for specific code requirements. M
N a result of an inspection is not approval of a violation of the M
N code or of other ordinances of the jurisdiction. Inspections (3)The foundation inspection shall include excava- N
N presuming to give authority to violate or cancel the provi- tions for thickened slabs intended for the support M
M sions of the code or of other ordinances of the jurisdiction are of bearing walls,partitions, structural supports, or M
M not valid.it shall be the duty of the permit applicant to cause equipment. M
M the work to remain accessible and exposed for inspection pur- C. Concrete slab and under-floor inspections shall be M
M poses. Neither the building official nor the jurisdiction is Iia- made after in-slab or under-floor reinforcing steel and M
M ble for expense entailed in the removal or replacement of any building service equipment, conduit, piping accesso- w
M material required to allow inspection. ries, and other ancillary equipment items are in place, N
M Subp. 2. Preliminary inspection. Before issuing a permit, but before any concrete is placed or floor sheathing w
M the building official may examine, or cause to be examined, installed,including the subfloor. H
M buildings, structures, and sites for which an application has D. Rough-in inspections of plumbing, mechanical, gas, N
M been filed. sprinklers, alarms, and electrical systems shall be N
M Subp,3.Inspection record card.The building official shall made before covering or concealment, before fixtures r"
M identify which inspections are required for the work requiring or appliances are set or installed, and before framing n
M a permit. Work requiring a permit shall not be commenced inspection.
M until the permit holder or an agent of the permit holder has E. Inspection of framing and masonry construction shall
M posted or otherwise made available an inspection record card be made after the roof,masonry,framing,firestopping, ;
M that allows the building official to conveniently make all � mppthg, and bracing are in place and after the
M required entries regarding inspection of the work. This card plumbing, mechanical, and electrical rough inspec- ;
N shall be maintained and made available by the permit holder tions are approved. F
N until final approval has been granted by the building official.
M Subg.4.Inspection requests.The building official shall pro- F. Energy efficiency inspections shall be made to deter-
mine compliance with Minnesota Energy Code
Mvide the applicant with policies, procedures, and a timeline
requirements.
N for requesting inspections.The person doing the work autho-
rized by a permit shall notify the building official that the G. Lath and gypsum board inspections shall be made after ;
N work is ready for inspection. The person requesting an lathing and gypsum board,interior and exterior, are in
N inspection required by the code shall provide access to and place, but before any plastering is applied or before
N means for inspection of the work. gypsum board joints and fasteners are taped and fin-
N Subp.5.Approval required.Work shall not be done beyond ished.
N the point indicated in each successive inspection without first Exception: Gypsum board that is not part of a fire
N b17 taii9 ng the approval of the building official. The building resistive assembly or a shear assembly.
12 2016 MINNESOTA BUILDING CODE ADMINISTRATION
` �T CITY of
OAK PARK HEIGHTS
•li:�_ .:�'f. }z74�;I?775•^'r"� 3 J. ;fk Park rl.i II ..}:- �..� / 1-.
. - .,n f fl. 'i'. ,n.: .�,r��� �" � na .. :C.:+.t ir -.',.-tJ-�:i�s re.;:::I'•__t-. _;(
May 24,2017
Mr, Ned Smith,Director of Finance and Revenue
Mr.Kyle Colvin,Assistant Manager
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul,MN 55101
Dear Messrs.Smith and Colvin:
I am in receipt of the 2018 Preliminary WC Determination that was emailed on May 16, 2017. This
calculation reflects an increase in the 2016 sewer flows for the City.
Recall, I requested the monthly flow comparison data that was used for the calculation and did a
comparison of the amount of water that was pumped through our wells on a monthly basis as compared
to the amount of flows that are used in the calculations. The following is what I have determined from
the data:
• OPH Sewer Flow increased by 8.39%over 2015 flow (206.8-2016, 190.8-2015)
OPH Water Pumped decreased by 1.52%over 2015 water pumped (206.47-2016, 209.64-2015)
OPH Water Pumped less that measured and billed for irrigation is 187.91 (18.89 less than your
measured flow)
Met Council flow reads are greater than water pumped during the months of Jan-March(6.84
more) and October-December(9.20 more) so not due to I & I (Total of 16.84 million gallons of
the 18.89 million gallon discrepancy)
•, Rainfall data compared to flow does not reflect I &f
a Sewer Flow compared to water pumped in Oct-Dec 2015 reflects 50.40 flow to 44.61.pumped.
The above observations are not reflecting the additional 10,000,000 gallons that are added by met council
for unmetered flows.
in order to understand what is being reflected in the data,I think it is imperative to determine what is not
correct. We are apprehensive of the Met Council meter reads and the construction that has taken place
in Oak Park Heights since 2015 bythe State of MN and how it may interrelate with interceptors and other
lines.
At this time I would like to request the monthly sewer flow data for the Cities of Bayport and Stillwater
for the period Jan 2014-Dec 2016. Please provide this to me as soon as possible, but not later than Jun
2nd.
Sincerely,
Betty Caruso
Finance Director
Cc: Eric Johnson,City Administrator
Andy Kegley,Public Works Director
Tree City U.S.A.
18 of 29
e
City of Oak Park Heights
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439 v Fax(651)439-0574
5-24.17
MEMO:
TO: Allen Brandt,Washington County
FROM: Eric Johnson,City Administrator
RE: Update on City Perspectives—Osgood Ave.Project-2018
As follows are the items that we need to share with you today:
1. The proposed trails and sidewalks as outlined on the maps provided appear to be generally acceptable. The City understands
that there may be some additional adjustments, however the Council was supportive of the concepts as shown. In addition, the
County's request for 50%funding—being an estimated$940,000;will be determined at a later date by the City Council,once
the full and final parameters of the project are entirely identified-however at this time I have not heard major concerns on
these costs. Lastly on this matter, the City is amenable to further conversations that the City would plow such trails 1 sidewalks—
solely consistent with established City policy;but any other maintenance(including any signalizations)would NOT be the responsibility
of the City nor the replacement or repair of these facilities.
2. A. As it relates to the use of the City lands for ponding;the City is disinclined to pursue this matter. Perhaps the City may
be willing to reconsider the concept as complete modeling and analysis of the entire 15-acre area and County project area that would
drain to the City site, is finalized and it is entirely understood what water is proposed to be emptied onto such lands and the resulting
size and scope/purpose of such ponds. Should you desire further consideration of the concept you will need to provide complete
models and drainage analyses for all the localized watersheds. Recall,the City purchased this parcel for land-assembly 1 economic
development purposes,not for County drainage uses.If the private water from the 15 acres is essentially handled elsewhere or results
in a very small pond—the City would not be inclined to give up this developable area for a County facility.Further,if the site is materially
used for County drainage purposes,then the City is also not-inclined to allow this ponding use as the site becomes useless to the City
as an economic development tool.
B. Please note,should the City re-consider the allowance of the use of its lands,the City will seek a full cost reimbursement
for any out-of-pocket investigatory costs it incurs to consider this proposal.These would-be costs associated to STANTEC Engineering.
We will discuss today with Lee Mann what that pricing would be and this would need to be paid prior to, or accounted for, in any
agreement related to any element of Osgood Ave.
C. Also, the City cannot be placed in future burden by MNDOT for certain pre-treatment of any of this County water on
City lands—or in reality anywhere.This also results in a need by MNDOT to provide an affirmative statement of any of their expectations
or requirements.The City will require this in WRITING prior to any agreements being considered.
D. Lastly, as we have mentioned on many occasions; what are your alternate PLANS besides the proposed use of City
lands for stormwater storage?We would like to see those designs and concepts as soon as possible.
3. As it relates to the City's water main in Osgood Ave.The City maintains concerns about costs associated with placing our elements
under a County agreement.Past agreements have not resulted in cost savings to the City;have not resulted in timely supplying of as-
buiits and have resulted in excess Engineering costs to provide the County with upfront designs at city expense and then City must
also perform its own inspections—and- the City is asked to pay 8%construction engineering and other fees. In short,if the County
desires full-control of the project scope—to include this water main—so to coordinate for County needs,which is reasonable,then
County will need to provide a proposal that demonstrates a cost savings or positive rationale to the City to enter into this cooperative
agreement. Basically,the City must have an appreciable financial reason to enter into this cooperative agreement. Please
provide that language as soon as possible and it will be reviewed.
19 of 29
o �
LEAGUE of CONNECTING S& INNOVATING
MINNESOTA SINCE 1913
CITIES
May 19, 2017 h
V O
Dear Mayors and Administrators,
We hope that all is well as your city transitions to the summer season and prepares for warm weather
activities and services(put the snowplows away for a few months!).
We are pleased to let you know that the League of Minnesota Citi e and of Directors voted at its May
meeting to set a maximum member dues schedule increase o ero percent or,no dues increase) for the
League's 2018 fiscal year that runs from September 1,2017 oug u t 31, 2018. This would be the
first time that dues have been held flat since 2012.
Similar to how your city sets its preliminary levy increase, the League's final dues schedule cannot be
higher than the maximum that is set. Please note,though,that while there is no proposed dues increase
you may still see a slight increase or decrease in dues based on any shifts in your city's population(to
learn more about how your dues are calculated, visit www.hnc.org/dues). A final decision on annual
dues will be determined by the Board when it meets on July 20 to approve the FY 2018 budget.
The League's financial position allows us to consider this action that will provide some budget relief for
members, while allowing us to seamlessly continue delivering the nearly 90 programs and services you
rely on to effectively govern and manage your city. Those programs and services include: advocacy at
the Capitol; training on the basics for new officials and staff as well as future-focused topics; and
analysis and guidance on laws, statutes, and hot-button topics like public safety and technology among
many others.
Our unwavering commitment is to provide premier service that responds to the changing needs of
members and to be recognized as the trusted, authoritative, and unified voice on issues affecting all
cities. We take our responsibility to carefully manage member assets very seriously, and we thank you
for your continued support of our work.
If you have any questions or comments about how we can better serve your needs,please feel free to
call or email Dave Unmacht at(651) 281-1205 or d-unmacht@lmc.org. And, if you find yourself in
St. Paul this summer, we hope that you stop by for a cup of coffee or a conversation.
Rhonda Pownell David J. Unmacht
League of Minnesota Cities President, Executive Director,
Mayor, City of Northfield League of Minnesota Cities
145 UNIVERSITY AVE. WEST PHONE;(651)281-1200 FAX:(651)281-1299
ST. PAUL, ",41103-2044 TOLL FREE:(800)925-1122 WEB:WWW.LMC.OAG
BOARD OF WAFER ZONIMISSIOiNERS
204 North Third Street
�
P.O. Box 242 I r
Stillwater, MN 55082-0242
Phone: 651-4-39-6231 - FAX: 651-439-4061
NOTICE OF INTENT TO LGUs AND WORKPLAN (AMENDMENT)
Date: May 17, 2017
To: Lisa Weik, Chairperson, Washington County Board of Commissioners
Sheila-Marie Untiedt, Chairperson, Stillwater Township Board
Ted Kozlowski,Mayor, City of Stillwater
Mary McComber, Mayor, City of Oak Park Heights
Jeff Huber, Mayor, City of Grant
Mike Pearson,Mayor, City of Lake Elmo
John Rheinberger, Chairperson,Washington Conservation District
David Buckeck, President, Valley Branch Watershed District
Karen Kill,District Administrator, Brown Creek Watershed District
Mikael Isensee,Administrator,Middle St. Croix Watershed Management organization
John Clark, Water Supply Planning, Metropolitan Council Environmental Services
John Freitag, Planner, Minnesota Department of Health
From: Robert Benson,Manager, Stillwater Board of Water Commissioners
Re: Stillwater Wellhead Protection Program
The Stillwater Board of Water Commissioners is notifying neighboring and overlying units of government
of its intent to amend our wellhead protection plan. The goal of the plan is to prevent human-caused
contaminants from entering our water supply wells and to protect all who use our water supply from adverse
health effects associated with groundwater contamination. This notice is required by the Minnesota
Wellhead Protection Rule,part 4720.5300, subpart 3.
The entire project will take two years to complete. Public informational meetings are anticipated to be held
in December 2017 and March 2019_
In accordance with the wellhead protection rule,the following information must be included in this notice:
1. Wellhead Protection Mana er: Robert Benson
Board of Watcr Commissioners
204 third St N, Stillwater,MN 55082
(651)439-6231
2. Unique Well Numbers: Well 1 (208785),Well 5 (208786),Well 6 (208787),Well 8 (224608), Well 9
(127284),Well 10 (481662), Well 11 (580338), Well 12 (686297)
3. Date Wellhead Protection Plan Amendment Must Be Completed: May 07,2019
4. General Project Work Plan: See attachment.
5. Missing Data Elements Needed for Wellhead Protection Plan Amendment: We are compiling existing
well construction and location and water quality data to assist in the delineations and vulnerability
assessments. If you have any of these data elements,please submit them to me.
21 of 29
BOARD OF WATER COMMISSIONERS
204 North Third Street
P.U. Box 242
Stillwater, MN 55082-0242
Phone: 651-439-6231 • FAX: 651-439-4061
Also, if available,please submit: 1) any existing water and related land resource plans and official controls;
and 2) a description of conflicts,problems, or opportunities that you waist examined and addressed in our
wellhead protection plan amendment. Thank you for your assistance in our wellhead protection efforts.
cc: Jay Riggs,District Manager,Washington Conservation District
Trudi Witkowski, Minnesota Department of Health
Robyn Hoerr,Minnesota Rural Water Association
22 of 29
Stillwater Work Plan
Projected Completion
Step Date
onth/Year)
Pre-Plan Development
Letter Frrnn MDH Initiating Plan Development Aug 2016
Public Meeting Held with LUGS(can be combined with Public Information meeting
required for the Part 1)
WHP Manager Appointed Jan-2413
LUG Team Established(Optional) 'TBD
Wellhead Protection Team Appointed TBD
Part I
Scoping 1 Meeting Held Jan-2417
MDH Scoping Decision(Letter) Feb-20I7
Notice of Intent Sent to Local Units of Government(LUGS) Apr-2017
Prepare Aquifer Test Plan and Submit to MDH Jun-2417
MDR Approval of Test Plan Jul-2017
Wellhead Protection Area(WHPA)Delineation
Drinking Water Supply Management Area(DWSMA) Delineation
Conduct Vulnerability Assessment
Vulnerability and DWSMA Submitted to MDH _- --_ -._-- __ Aug-2017
MDH Approval of DWSMA,WBPA.and Vulnerability Assessments Oct-2017
Vulnerability,WHPA and DWSMA Submitted to LUGs Nov-2017
Public Meeting Held Dec-2017
Part II
Scoping 2 Meeting Held Jan-2418
MDE1 Scoping.Decision(Letter) Feb-2418
Inventory of Potential Source Contamination
Management Portion of Plan
Submit Plan to LUG& Dec-2018
Consider Comments Received by LUGS Feb-2019
Public Hearing Held Mar-2019
Submit Plan to MDH May-2019
MDH Review Aug-2019
MDH Approval Aug-2019
Provide Notice to LUGS About Plan Approval Oct-2019
Begm Plan Implementation Oct-2019
Name of Penson Completiag Tbft Form Matt EIlingson,TY-DA
r2LOF CONNECTING &INNOVATING
INNESOTA SINCE 1913
CITIES
League Position&Differences Between Small,Cell Wireless Bill in MN and Other States
The League has been in numerous and lengthy negotiations with legislators and other stakeholders on a
small cell wireless bill as it continued to move through the MN House of Representatives.The wireless
industry has actively pushed small cell wireless deployment across the country.Just this year,
approximately 18 states had a small cell bill introduced with 7 of those bills passing at the time of this
communication. Although the bills vary from state to state,the bills all have common provisions pushed
by the industry. In the Minnesota bill,the 125 cities that have municipal electric utilities are exempt from
the bill.There are also many other differences between the proposed Minnesota bill and language
adopted in other states(listed below).
Negotiations on Bill Lead to League's Neutral Position
The bill's author, Rep. Marion O'Neill(R-Maple Lake)convened meetings with the League, municipal
utilities (MMUA),wireless providers(such as AT&T and Verizon),and cable representatives. Similar
meetings were conducted earlier in session by the Senate author,Sen.Osmek(R-Mound)and by the
original House author, Rep.Joe Hoppe(R-Chaska). Through these negotiations and feedback from
stakeholders(including city engineers,administrators,telecommunications municipal attorneys, and
others)on amendments to the bill,almost all of the concerns the League has raised with the legislation
were addressed.While we still do not believe legislation is necessary,the League is now neutral on the bill
as proposed in the A10 amendment to HF 739(O'Neill).The resulting bill in Minnesota,though initially in
the form of the bill the wireless industry has introduced nationwide and states have adopted,successfully
preserves the integrity of local control not retained in other states. The League was previously opposed to
the bill.
Differences between the proposed Minnesota bill and language adopted in other states are below:
1. Zoning
In other states,there are prohibitions on zoning that take away authority to deny for any reasons
other than specific, narrow reasons listed in the bill(usually only for electrical code violations or
building code violations).
• In the Minnesota bill, local government units retain ability to deny permits for reasonable public
health,welfare and safety reasons with no definitions or limitations on those health,welfare and
safety reasons.
2. Permitted Use
a In other states, it is a permitted use by right with no exceptions for when CLIP may be required.
0 In the Minnesota bill,general presumption of permitted use exists in all zoning districts except for
being able to require a conditional use permit for districts zoned residential or historical districts
established either by law or ordinance. Also, local control of denying permit for public health,
welfare,and safety still apply.
Note:presumption of permitted use also is being considered by FCC in its current proposed rulemaking.
145 UNIVERSITY AVE.WEST PHONE:(651)281-1200 FAx(651)281.1299
ST. PAUL, MN 55103-2044 TOLL FREE:(800)925-1122 wEs:wwwLmc.oxc
24 of 29
Differences between Proposed Small Cell Wireless Sill in Minnesota and Other States
May 19, 2017
Page 2
3. Separate Agreements between cities and providers
• in other states,there is a prohibition on separate agreements.
• In the Minnesota bill, local government units can still enter into a separate contract with wireless
providers.This way local government units can negotiate different rent amounts(within confines
of the law)and address specific situations,such as indemnity, insurance,waiver of liability,and
removal.
4. Permit Fee
• In other states,there are caps of fee amounts allowed for the permit.
• In the Minnesota bill, no cap on right of way management costs,recoverable in permit fees and
allowable fees allowed under existing Minn.Stat. §237.163,still are allowed.
S. "Shot Clocks"Timeframe for Responding to Permits
• In other states,there are short"shot clocks"with very quick review time frames on applications
(60 day approve or deny with automatic approval).
• In the Minnesota bill,the government unit has 90 days to issue or deny with a tolling upon written
notice to the applicant within 30 days of receipt of the application.
Note:the FCC has already established a 60-day shot clock for other types of attachments(not initial small
cell deployment yet)but is considering establishing a 60-day shot clock for all small cell deployment in its
current rulemaking.
6. Numerous Permit Requests at one time("batch processing")
• In other states,there is batch processing with large batch numbers(25 facilities in single permit
often without a geographic boundary).
• In the Minnesota bill,the batch numbers were lowered to 15 small cell wireless facilities that are
within a two-mile radius,consist of substantially similar equipment,and are to be placed on
similar types of wireless support structures.
Note:batch processing(at higher numbers)also is being considered by FCC in its current proposed
rulemaking.
7. hent
• In other states,there are low or no rents with caps,often FCC formula,just costs with cap or, if
flat amount,$50.
• In the Minnesota bill, rent is allowed and it is not tied to the FCC formula or just costs.The flat
amount($150/year plus$25 maintenance)for rent exceeds any other states' rent with additional
dollars for maintenance and electricity allotted.
Note:the FCC, in its rulemaking,currently is considering rules about reasonable compensation on small cell
deployment.
Questions? Laura Ziegler, League of Minnesota Cities,at(651)281-1256 or izie ler imc.or
Pam Whitmore, League of Minnesota Cities at(651)281-1224 or -,whitmore@Imc.org
25 of 29
Differences between Proposed Small Cell Wireless Bill in Minnesota and Other States
May 19, 2017
Page 3
8. Application Process
In other states,there are numerous limitations on what information can or cannot be requested
during application process.
In the Minnesota bill,existing law still applies to information that can be requested,and the
limitation on what cities can ask for.This is less burdensome than other states in that cities cannot
ask for information already provided by that applicant in another small cell wireless application
but the applicant should identify, by reference number,those other applications.
9. Application Timeline Extension
• In other states, burdensome application amounts are allowed (A city can get a 30-day extension to
shot clock if it receives applications for more than 75 small wireless facilities in a single seven-day
period and then must request the extension).
• In the Minnesota bill,the number allowing for an extension got significantly decreased to 30 small
cell wireless facilities requests,triggering an additional 30 days to review and can do so without
asking(but must inform the applicant of the extension).
10. Height of Pole
In other states, bills allow installation or replacements of poles above 50 feet with language that
generally states"height shall not exceed greater of ten feet above highest pole within 500 feet or
50 feet."
• In the Minnesota law, height cannot be greater than 50 feet unless local government unit agrees
regardless of other higher poles'heights within vicinity.
11. Wireless Support Structure Definition
In other states, definition of wireless support structure is broad and out of city control.
a The Minnesota bill limits this to a new or existing structure that the local government unit deems
capable of supporting small wireless facilities.
12. Moratoriums
• In other states, moratoriums are completely prohibited with no accommodation for cities to
prepare for the law.
• In the Minnesota bill,the prohibition on moratoriums still exists, but Representatives agreed to an
extended effective date on this provision so cities have time to get ready for the new law if
passed.
Note:the prohibition on moratoriums is getting analyzed at federal level with FCC proposed rulemaking
and the FCC will likely ban moratoria on these anyway. Courts also have frowned upon the use of
moratoria.
13. FCC Rules
• In other states,there is a requirement that municipalities follow FCC's'make ready' rules.
• In Minnesota bill,there is no requirement to FCC rules, including municipalities having to comply
with FCC'make ready' rules.
Questions? Laura Ziegler,League of Minnesota Cities,at(651)281-1256 or Izieeler@Imc.ore
Pam Whitmore,League of Minnesota Cities at(651)281-1224 ore%vhit__more@lmc.ore
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METRO CITIES
Association of Metropolitan Municipalities
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Metro Cities News L;i"s
May 23, 2017 Have you heard the latest?
Check us out on Facebook
Legislature in Special Session after
s Governor and Leaders Reach Tentative
Budget Agreement
About 45 minutes before the required And follow us on Twitter
midnight deadline of the 2017 legislative
session, legislative leaders and Governor
MW Umpiabob Dayton emerged from the Governor's office
to announce a tentative budget agreement.
The press conference followed earlier floor
announcements that the Legislature would
be unable to complete remaining budget
bills prior to the midnight deadline. The late
tentative agreement announcement
followed a rather quiet day at the Capitol,
R 4annoft W with intermittent floor sessions on smaller
bills, and behind the scenes meetings, but
WAR no action on key bills as the deadline for
adjournment approached.
Leaders indicated that they had reached a
tentative agreement on the key budget bills:
Newslettdefters:° E-12, health and human services,
N
transportation, taxes, and a capital
Archives investment bill. Other smaller budget bills
had already been passed earlier by the
House and Senate. Govemor Dayton called
for a special session to begin at 12:01 a.m.
Tuesday, and announced a goal of ending
at 7:00 am on Wednesday. Only a
Governor can call the Legislature into
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Current/Archived Newsletters-Metro Cities Page 2 of 3
session. Once the Legislature has been
called in, the Legislature controls the length
of the session. Special sessions are
typically not convened until there is
agreement by the Legislature and Governor
on the contents for a special session, and
there is precedent for calling them
immediately following a regular session
adjournment.
At this point, details on what will be in
budget bills is not clear and work is
underway to finalize the contents of bills.
Leaders indicated the agreement includes
$477 million for E-12 funding, $300 million
for transportation, $660 million for taxes,
and $990 million for a capital investment
bill. Leaders were clear that several details
still needed to be worked out. This is not a
minor issue, given that the outstanding
budget bills comprise 70% of the state
budget, and several bills contain
contentious policy provisions. It is expected
that once bills are finalized, their contents
will be posted and voted on. Legislative
leaders indicated that the employment pre-
emption bill considered earlier in the
session would be introduced and passed as
a separate bill that Governor Dayton is
expected to veto.
Jobs Bill
Early yesterday morning, as reported in our
Monday newsletter, the House and Senate
passed the omnibus Jobs bill; that bill has
now been sent to the Governor. It includes
funding for the MN Investment Fund, Job
Creation Fund and a variety of housing
programs. The bill also contains the'small
cell' bill provisions, and the prohibition on
local ordinances governing consumer
plastic bags. Included here are links to the
engrossed and
Stay Tuned for Further Updates
Below are links to news articles posted
today on the special session and budget
agreement. Metro Cities will provide a
comprehensive legislative session overview
later this week. We will also post updates
on special session activity via Twitter; follow
us at ,w . ...� :. .. .
Pioneer Press
iitti).iiwww.,tuLacities.com/2017/05122/we-
tried-lea islature-appears-headed-i nto-
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Current/Archived Newsletters -Metro Cities Page 3 of 3
overtime-special-session/
Star Tribune
b=:1/www.startribune.com/on-
lea islatures-final-da -bio -bud et-biils-
remai n-u n reso Ived/423631603/#1
MinnPost
htti2s:ilwww.minnDost.com/politics-
Policy/2017/05/dayton-s ins-deal-callin -
le islature-s ecial session-what-
happens-now
Metro Cities News is emailed periodically
to all Metro Cities member mayors,
councilmembers, city managers and
administrators to keep officials abreast of
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