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10-10-2017 Council Packet
CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 10, 2017 CITY COUNCIL MEETING AGENDA 6:00 P.M. AT CITY HALL 6:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estlmaled times 6:00 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (pg. 3) • Clean-up Day Report (pg. 5) 6:05 p.m. III. Visitors/Public Comment Tlri is:rn onharu nin Ior thr IxibliC to address the Council kith questions or concerns on issues not part of the regular agenda(Please lirnit crnnmerns to;Rninutes in length). A. Bayport Fire Department (pg. 7) B. Annual Update from the Greater Stillwater Area Chamber of Commerce — Ms. Robin Anthony, Executive Director (pg. 15) 6:15 p.m. IV. Consent A e~ nda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes— September 26, 2017 (pg. 17) C. Approve Spring and Fall Clean-up Dates for 2018 (pg. 21) D. Adopt Resolution Thanking Robin Anthony for Service as a planning Commission from 2012 through 2017 (pg. 23) E. Approve Letter to Representative Betty McCollum Regarding the Preservation of State and Local Tax Deductions (SALT) (pg. 25) 6:15 p.m. V. Public Hearings A. Order to Show Cause Hearing for Wal-Mart Alcohol Compliance Violation 6:20 p.m. VI. Old Business A. Accessory Structures—Ordinance Amendments (pg. 43) 6:30 p.m. VII. New Business A. Sanitary Sewer I & I Repair (pg. 63) B. Set Date, Time, and Location for 2018 Party in the Park (pg. 69) C. Set 2018 City Council Meeting Dates (pg. 71) Please mute or silence any cell phones,computers or other devices during meeting—Thank You, Page 1 of 72 Agenda October 10,2017 Page 2 6:45 p.m. VIII. Other Council Items or Announcements 6:45 p.m. IX. Closed Session - closed pursuant to MN Stat 13D.05 subd 3(5) A. City Hall Security 7:00 p.m. IX. Adjourn Page 2 of 72 Oak Park Heights Request for Council Action Meeting Date October 10, 2017 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requester Administration/Jennifer Pinski Requester's Signature y Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 72 September 28, 2017 Margaret Bear 5836 Oakgreen Ct N Oak Park Heights, MN 55082 Dear Ms. Bear: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, September 28, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski City Clerk Page 4 of 72 4!4- Oak Park Heights Request for Council Action Meeting Date October 10, 2017 Agenda Item Clean-up Day Report Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 5 of 72 CLEAN-UP LOAD REPORT YEAR SEASON LOADS 2017 Fall 257 2017 Spring 362 2016 Fall 265 2016 Spring 372 2015 Fall 310 2015 s�rin 325 2014F all 263 2014 _ Spring 332 2013 Full 186 2013 S _ring, 297 2012 Fall 254 2012Sprin 397 2011 Fall 266 2011 Spring 353 2010 Fall 200 2010 S ring 300 2009 Fall 277 2009 Spring 412 2Q(1S Fall 2S9 2008 Spring 422 2007 Fall 340 2007 Spring 365 2006 Fall 205 2006 S p rin333 2005 Fall 294 2005 Springy 329 2004 Fall 255 2004 Spring 208 2003 11 Axl 1 246 2003 Spring 307 2002 Fall 261 2002 Spring 200+ 2001 Fall 258 2001 Spring 274 2000 Fall 148 2000 Spring 185 Page 6 of 72 Oak Park Heights Request for Council Action Meeting Date: October 10th, 2017 Agenda Item Title: Bayport Fire Chief—Allen Eisinger—Fire Prevention week and Update. -- — Time Required: 5 minutes Agenda Placement: Visitor's /Public Comment Originating Department/Requeststor: Eric Johnson Cit Administrator Requester's Signature: Action Requested: None Anticipated. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Bayport Fire Chief will be appearing before the City Council to provide a general update about the Department and to highlight the Fire Prevention Week—Being Oct 8h to Oct 14. Page 7 of 72 NFPA - Fire Prevention. Week Page 1 of 5 NFPA.org Catalog NFC° NFCSS XchangeT" More NATIONAL FIRE PROTECTION ASSOCIATION The leading information and knowledge resource on fire,electrical and related hazards NEPA` PUBLIC EDUCATION Public Education / Campaigns / Fire Prevention Week 4-T, FIRE PREVENTIONWEEK P P-6 0010BER 8-14, 2017 $M , Fire Prevention Week G+ 9 In a fire, seconds count. Seconds can mean the difference between residents of our community escaping safely from a fire or having their lives end in tragedy. That's why this year's Fire Prevention Week theme: "Every Second Counts: Plan 2 Ways Out!" is so important. It reinforces why everyone needs to have an escape plan. Here's this year's key campaign messages: • Draw a map of your home by using our grid in English (PDF)or Spanish (PDF) with all members of your household, marking two exits from each room and a rl � path to the outside from each exit. • Practice your home fire drill twice a year. Conduct one at night and one during the day with everyone in your home, and practice using different ways out. • Teach children how to escape on their own in case you can't help them. • Make sure the number of your home is clearly marked and easy for the fire ;t x:. department to find. , • Close doors behind you as you leave—this may slow the spread of smoke, � . heat, and fire. 4 - • Once you get outside, stay outside. Never go back inside a burning building. Know 2 Ways Out -Fire Prevention Ween 2017 Page 8 of 72 http://www.nfpa.org/public-education/campaigns/fire-prevention-week 10/6/2017 NFPA - Fire Prevention Week Page 2 of 5 We've developed a series of Sparky video clips that reinforce important home escape planning and practice messages. Feel free to use the clips to promote this year's campaign on social media, during classroom visits: or however they best serves your needs. In the video above, Sparky says know two ways out of every room. See all the videos. Teach Fire Prevention Week Introduce Fire Prevention Week to students, your community, or areas with high-risk populations. NFPA has several free downloads for you to use. See all of NFPA's FPW teaching materials. Teach and have fun « 41r11«, Plan Your Home Fire Escape mini-lesson tau.Slkill liaf ...y,y,. h�ll3�^�CSS073 _ By the end of the mini-lesson, attendees should be able to explain the importance of a home fire escape plan and have at least two ways out of every room. Download the lesson plan. -- -.-- Q Af Coloring sheet Use creativity while learning a valuable lesson - flan 2 ways out of every room. Bot-h-2-1 kids and adults will enjoy coloring this sheet. Download the coloring sheet. s ^:f i Promote Fire Prevention Week Whether it is sending a news release to your local media, using the FPW logo on social media channels, or having an open house at your fire station, there are many ways to promote this year's FPW campaign. See_ what you can do in your community, school, or at your fire department. Page 9 of 72 http://www.nfpa.org/public-education/campaigns/fire-prevention.-week 10/6/2017 NFPA - Fire Prevention Week Page ) of 5 Quiz and infographic '`IFj p Test your knowledge Test your knowledge about home fire escape planning and other fire safety topics. Then, share your results on social media. Take the quiz. Download our infographic y � i You can place this infographic on your website, blogs, Facebook or Twitter. Or, print it, and hand it out. Please link to www.firepreventionweek.org. Download the infographic. t Fire Prevention Week products We have the products you need to make your FPW campaign a success. Get a "FPW in a Box" or custom select what you need Check out our must-have products. Featured products Fire Prevention Week In A Box Value Pack (2017) The 2017 FPW''" In A BoxTM Value Pack is everything you need to make Fire Prevention Week"' a success! More Info Y ti q Fire Prevention Week Banner (2017) Give working smoke alarms top billing in your community with 2017 Fire Prevention Week"" Banners! More Info Page 10 of 72 http://www.nfpa.org/public-education/campaigns/lire-prevention-week 10/6/2017 NFPA - Fire Prevention Week Paoe 4 of 5 In This Section > Teaching FPW Introduce FPW to students, members of your community and high-risk populations. > Promoting FPW There are simple steps you can take to promote this year's campaign. > About Fire Prevention Week Commemorating the great Chicago Fire of 1871. > Fast facts about fire Quick facts about the dangers of home fires. > Must-have FPW campaign products All the products you need for a successful 2017 FPW campaign. > Partnership with Domino's NFPA and Domino's are teaming up for the 10th year in a row to deliver fire safety messages and pizza. > Fire Prevention Week quiz Test your knowledge about home fire escape planning and other fire safety topics. About NFPA Overview Leadership Careers International Offices Directions Grants & Awards Quick Links Codes & Standards Xchange" (online community) News & Research Free Access Training & Events Fire Sprinkler Initiative Public Education National Fire Codes° Subscription Membership Service (NFCSS) Catalog NEC° Online Page 11 of 72 http://www.nfpa.org/public-education/campaigns/fire-prevention-week 10/6/2017 NFPA - Fire Prevention Week Page 5 of 5 Newsletters NFPA Buyers' Guide Press Room Help Customer Support Contact Us Terms of Use Privacy Policy © National Fire Protection Association (NFPA) 2017 YLA Ii Page 12 of 72 http://www.nfpa.org/public-education/campaigns/fire-prevention-week 10/6/2017 y f fie;, t : f L 'f w Draw a map of your home.Show all doors and windows. ❑ Visit each room. Find two ways out. ❑ All windows and doors should open easily.You should be able to use them to get outside. ❑ Make sure your home has smoke alarms. Push the test button to make sure each alarm is working. ❑ Pick a meeting place outside. It should be in front of your home. Everyone will meet at the meeting place. ❑ Make sure your house or building number can be seen from the street. ❑ Talk about your plan with everyone in your home. El Learn the emergency phone number for your fire department. ❑ Practice your home fire drill! ® Make your own home fire escape plan using the grid provided on page 2. DOOR 1fV� BATHROOM ' BAiH&D0M \\� MASTER BEDR040M .r WARDROBE LANDING 1C ! r—Di BATHROOM * 1 'W' � P t ,Fs BEDROOM 2 BEDROOM 3 �t x Meeting Place � wiroown>iow =n�vocw 1st FLOOR Page 13 of 72 ke a Memorize your fire department's How to m emergency phone number and • write it below: Home f ire [S(Ope Plan �' , pt. ��.rG��� The Official Sponof Fire Prevention week Since 1922 • Draw a floor plan or a map of your home.Show all doors and windows. • Mark two ways out of each room. ,., ' • Mark all of the smoke alarms with(g.Smoke alarms should be in each t=]�Q Meeting Mot sleeping room,outside each sleeping area,and on every level of the home. ' Pick a family meeting place outside where everyone can meet. r Q Remember,practice your plan at least twice a year! Grown-ups:Children don't always wake up when the smoke alarm sounds.Know what your child will do before a fire occurs. Get more information on smoke alarms and escape planning at www.nfpa.org/factsheets. Sparky is a trademarks of NFPA.602017 NEPA r ry - Oak Park Heights Request for Council Action Meeting Date= _ October 10th, 2017 Agenda Item Title: Annual Update from the Greater Stillwater Area Chamber of Commerce—Ms. Robin Anthony, Executive Director. Time Required: 5 minutes Agenda Placement: Visitor's /Public Comment Originating Department/Requeststor: Eric Johnson, City Administrator Requester's Signature: 1— Background/Justification(Please indicate any previous action, financial implications including budget information and recommendations). Ms. Robin Anthony,the Executive Director of the Greater Stillwater Area Chamber of Commerce, will be attending the Visitor's Section of the meeting to give a report of the recent work and events undertaken by the Greater Stillwater Chamber of Commerce. Page 15 of 72 THIS PAGE INTENTIONALLY LEFT BLANK Page 16 of 72 �el - Oak Park Heights Request for Council Action Meeting Date October 10, 2017 Agenda Item Approve City Council Minutes— September 26, 2017 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 17 of 72 CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 26, 2017 CITY COUNCIL MEETING MINUTES 1. Call to Orderlyled<ge„of AllegiancelAnprm al of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: COUncllmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, and City Planner Richards. Absent: City Engineer Mann. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda. Carried 5-0. Ii. Council/Staff Reports: A. Mavor NlcC:oniber: She reported she participated in an NLC conference call regarding autonomous vehicles; she attended the Pony Stadium Ribbon Cuttin-; next week she would be attending the Minnesota Association of Small Cities Retreat; and the Fall Clean-up was scheduled for Saturday, September 30 from 7:30 a.m.. — 1:00 p.m. at the Andersen parking lot. B. Councilmember Dou hert : He welcomed the new Planning Commissioner, David White, who was present at the meeting, and he reported he attended the tour of the renovated State Capitol building on September 25. C. Councilmember Liliegren: He reported the Parks Commission did a walkthrough of the Cover Park Shelter prior to their last meeting on September 18; he attended the mountain bike trail chain-breaking ceremony on September 18; and the next Parks Commission meeting was set for Monday, October 16. D. Councilmember Runk: He reported he attended the CVB meeting and the watershed meeting. He reported that the Governor would be hosting a meeting concerning water issues in the state at the Stillwater Area High School on October 5 at 6:30 p.m. and all were invited to attend. E. Councilmember Swenson: He reported that the Cable Commission met on September 18, and they were still looking for a citizen representative from Oak Park Heights. F. Staff: City Clerk Pinski reported that Mike and Colleen Nolde of 14161 Lipper 54th Street North were chosen as the first recycling award winner for the month of September. III. Visitors/Public Comment: Page 18 of 72 City Council Meeting Minutes September 26, 2017 Page 2 of 3 Marilyn Richert, a property owner in Oak Park Heights, was present at the meeting and had a question concerning park dedication fees for a subdivision. Mayor McComber requested she put her concerns in writing to City Administrator Johnson and City Attorney Vierling. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes— September 12, 2017 C. Approve City Council Worksession Notes— September 12, 2017 D. Adopt Resolution Approving Abatement of Special Assessments to MN Department of Transportation Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: A. Set Council Teambuilding and Goal Settiny, Meetin : Councilmember Liljegren, seconded by Councilmember Swenson, moved to set the meeting for January 10, 2018 at 5:00 p.m. Carried 5-0. Mayor McComber requested City Administrator Johnson look into reserving the City of Bayport's facility at Inspiration for the meeting. VII. New Business: A. Stillwater Crossing—Design Guidelines Review: City Planner Richards reported that an application for design guidelines and site plan review for the building at 5988 Osgood Avenue North was received for exterior improvements to include a fagade upgrade, a trash enclosure, and a screened smoking area. Richards reviewed his planning report included in the meeting packet for that evening. Eric Bjelland with Stillwater Crossings was present and stated that they wanted to update the center to the modern era. Councilmember Runk asked about the awnings. Bjelland responded that they were shrinking down the awnings and they would be black. He said they would be made of cloth for maintenance and economic reasons. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5-0. Page 19 of 72 City Council Meeting Minutes September 26, 2017 Page 3 of 3 Councilmember Swenson requested staff write a letter to Washington County again regarding the median at Osgood requesting the status. Councilmember Runk reported that he spoke with Washington County, and the speed limit change on Osgood Avenue was officially 310 feet south of 55" Street, approximately where the sign was located, and Washington County said the area was going to be studied. B, Consider Letter of Support— Washington Count TED-Application: Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve a letter to support the TED Application and authorize a supplemental letter saying no local decisions had been made on taking over roads. Carried 5-0. C. Right of Way.—Ordinance Review: Councilmember Runk, seconded by Councilmember Swenson, moved to direct City Planner Richards to prepare a proposal not to exceed $4,500 that would evaluate and update the City's Right of Way Ordinance. Carried 5-0. VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Swenson, seconded by Councilmember Dougherty, moved to adjourn at 6:36 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski .Mary McComber City Clerk Mayor Page 20 of 72 Oak Park Heights Request for Council Action it'lectin(y Date October 5, 2017 Agenda Item Approve Spring and Fal] Clean-up Dates for ?018 Time Req. 0 Agenda Placement Consent Originating Department/Requester Administration/Jennifer Pinski i Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Saturday, May 5 and Saturday, September 29 have been reserved with the City's garbage hauler and Andersen Corporation for the Spring and Fall Clean-up events. The time would remain the same as the last year: 7:30 am to 1:00 pm. 1 request approval of those dates. Page 21 of 72 THIS PAGE INTENTIONALLY LEFT BLANK Page 22 of 72 S• Oak Park Heights Request for Council Action Meeting Date: October 10th, 2017 Agenda Item Title: Adopt Resolution—Thanking Robin Anthony for Service as a Planning Commissioner from 2012 through 2017. Time Required: 1 minute Agenda Placement: Consent Agenda Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature: Action Requested: Adopt Resolution— Thanking Robin Anthony for Service as a Planning Commissioner from 2012, through 2017. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Please see the attached resolution and please adopt same. Page 23 of 72 RESOLUTION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ROBIN ANTHONY AS OAK PARK HEIGHTS PLANNING COMMISSIONER 2012—2017 WHEREAS, Robin Anthony has served as an appointed member of the Planning Commission for the City of Oak Park Heights from July 20 2012 through September 7th, 2017; and WHEREAS, the City Council of the City of Oak Park Heights relies upon the recommendations of the Planning Commission to assist in shaping the vision of the City's development and growth; and WHEREAS, Robin Anthony's contributions of time,effort and dedication to the Planning Commission have been valuable and sincerely appreciated, resulting in positive planning and outcomes for the City; NOW, THEREFORE, HE IT RESOLVED, that the City of Oak Park Heights commends and thanks Robin Anthony for her service, dedication and commitment to the interests of the citizens of the City of Oak.Park Heights. Passed by the City Council of the City of Oak Park Heights this 10th day of October, in the year 2017. Mary McComber, Mayor ATTEST: Eric Johnson, City Administrator Page 24 of 72 r P,. - Oak Park Heights Request for Council Action Meeting Date: October 10"', 2017`' Agenda Item Title Consider Letter to Federal Representative - Rep. Betty McCollum Regarding the Preservation of State and Local Tax Deductions-(SALT). Time Required 1 minute Agenda Placement Consent Agenda Originating Department/Requestor: M@U McComber, Ma or Requester's Signature Action Requested Approve Letter.to Rep. Betty McCollum Regarding the Preservation of State and Local Tax Deductions. Background/Justification(Please indicate any previous action, financial implications including budget information and recommendations). I would like the City Council to review and approve the attached letter to be sent to our Federal Representative — Betty McCollum - to continue to support the State and Local Tax Deductions from Federal Income Tax. Page 25 of 72 fYrF City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 October 10th.2017 The Honorable Betty McCollum,MN 4'District United States House of Representatives 226 Rayburn House Office Building Washington, D.C. 20515 RE: SALT—State and Local Tax Deduction Dear Congresswoman McCollum: Municipal leaders agree that the federal tax code is in need of reform, including both the individual and business sections of the tax code, to address the rising federal deficit and to promote jobs and economic growth. Since the last major reform in 1986, the code has grown in complexity and the confusion this complexity can cause is limiting state and local governments' ability to efficiently provide the services citizens need most. As Congress works to develop a tax reform proposal, we want to share with you key local government principles for consideration. Most important, any reform must maintain well-established federal, state and local partnerships embodied in the principle of federalism. The City opposes any preemption by Congress or the federal government of local taxing authority. We urge Congress to preserve the tax-exempt status of municipal bonds and the state and local tax deduction. In The P District,where our City is located, it is estimated that 36%of filers that take the SALT deduction and for an average deduction of$12,451. This deduction aid in our local governments the flexibility to raise revenue for vital programs such as schools, health and public safety. With the loss of deductibility, tax. payers would further demand actions to lower state and local taxes and making the task of providing vital services to citizens even more difficult. This in essence is a federal cost shift to local governments. Cities cannot afford a federal cost shift onto state and local governments.We work within a balanced budget system, fiscal responsibility is expected and delivered. Daily, our leaders are tasked with providing vital goods and services to the citizens they serve. With limited resources and funds, small changes in the intergovernmental balance between entities can have dire fiscal consequences for local government. Any effort to offset tax revenue lost on the back of municipal governments should be rejected. Sincerely, Mayor Mary McComber Page 26 of 72 StAte and Local Tax (SALT) Deduction I Government Finance Officers Association Page 1 of 2 Join GFOA StaffDirectory Contact Us E-Store Search About GFOA Membership Products and Services Annual Corr-eience Award Programs Home!Slate and Local Tax(SALT)Deduction State and Local Tax(SALT) Deduction As part of its tax reform efforts.Gorngress has discussed whether to eliminate the ability for taxpayers to deduct stale and local taxes(SALT).On July 11,21 Government Finance Officers Association's(GFOA)Executive Director,Chris Morrill,moderated a panel discussion with The Big Seven before Congress about state and local tax(SALT)deduction. GFOA staff The SALT deductionetiects a partnership between the federal The Impact government and state and local governments.The deduction is fundamental to the way states and localities bUGge for and provide critical public services,and a the State and Local cornerstone of the U sy.ster-of fiscal federalism.It reflects a collaborative Tax Deduction relationship between 4eve,s cf governme;rl that has existed far over 100 years. Currently,the SALT deduction is an acceoted part of the tax structure that is critical to the stability of state and local government finance. Download the Report Now Updated with 2015 IRS data. What is the SALT Deduction Taxpayers in the United States are granted a range of tax preferences from the federal government.The Revenue Act of 1913,which introduced the federal income tax,states that"all national,state,county,school,and municipal taxes paid within the year,not including those assessed against local benefits,"can be deducted.The Revenue Act of 1964 later named specific state and local taxes that could be deducted,which included:real V f' and personal property,income,and general sales taxes.These tax NGARV preferences serve two important goals.First,by allowing taxpayers the ability a,.•• to deduct state and local taxes(SALT),taxpayers avoid being taxed twice on f ll //+�► the same income.Additionally,the deduction on property taxes,along with w ..M NL deduction on mortgage interest,provides a strong incentive for homeownership.The sales tax deduction provides similar incentives for FC_maUNASBO encouraging spending—which facilitates economic growth. Compared with other common deductions,the state and loc€I tar deduction has a larger impact than the deductions for both charitable riving and mortgage interest.In recent years,29.5%of tax units used the SALT deduction.Only 21%used the SALT deduction for mongace interest.and 15%used the deduction for charitable donations. How Do Taxpayers Benefit from the SALT Deduction? Gvenfone in the United States benefits from SALT,but the SALT deduction is used directly by around 30%of all taxpayers.Currently,taxpayers are given tfte option of deducting real estate taxes as well as either income taxes or sales taxes paid to state and local governments.While the SALT deduction is used across all income levels,the actual amount of property versus income versus sales tax deducted by lower,middle,and upper income taxpayers provides insight into how those taxpayers benefit.For example,while over 70%of SALT deductions for tax units with an AGI of more than$200,000 are from income taxes,over 60%of deductions from taxpayers with less than$50,000 in income come from property tax.This highlights how important the properiy tax deduction is for middle class homeownership. In addition to its effect on taxpayers who itemize,regardless of adjusted gross income,the SALT deduction also benefits taxpayers in all 50 states.The tax deduction is used by Americans living in urban,suburban,and rural locations and across all congressional districts.The states with the highest percentage 0"taxpayers using the SALT deduction are in the East and Northeast regions.However,states in the Wast and Midwest also take advantage of ,,i,e dcduction.Overall,use of the SALT deduction Is widespread among all states.The average deduction per tax unit in Connecticut,New York,and New Jersey ere ail over$7,000,and close to$6,000 in California.If the SALT deduction were eliminated,assuming a 25%marginal tax rate,an average taxpayer n h sv,Yo, who currently itemizes SALT would face a tax increase of almost$1,800. Page 27 of 72 http://www.gfoa.org/salt 10/6/2017 + b' r c �r ! '� TI IT A , oar .� 5° 'e c} �Ck�,Cpf°75?Cc�� � €� 4� � -�}. 1 9 A " �c CONS �I Government Finance ^ � r f Officers Association NATrONAL COYERNORS AMOC3ATroh Y Z- w The Council I I @ f ; NATIONAL L,V, LEAGUE fir ' E�1�tl�S IN!`.tea OF CITIES _ 'nT10NAL CCNVEKENCI ._ c+T3E6 STRONG TOGETMER of {-ATE 1.EG 35LATl10.ES TAC-.o 1CMA N A B 0 INTERNATIONAL CITY/COUNTY ^AK*M^s$CCIAIIONOF swe SUDGEr CKFICEK MANAGEMENT ASSOCIATION Page 28 of 72 p� I EMU l�ljjjjjii10ii111 Will! a � , ,.: About the Government Finance Officers Association fA 1 Since 1906,Cover rment Finance Officers Association(GFOA)has been dedicated to Goiernment Finance promotin,}excellence in government financial management to state and local j, Officers Association government finance officers. iFOA represents more than 19,000 members in the United States and Canada. About the Nat;oa+�_1 G ov enlorc Association le/ The National Governors Association(NGA),founded in 1908,is the collective voice of „. the Nation's governors.NGA's members are the governors of the 50 States,three Territories,and two Commonwealths. 1 v, About About the United States Conference of Mayors The U.S,Conference of Mayors is the official nonpartisan organization of cities with c n. populations of 30,000 or more.There are over 1,400 such cities in the country today, and each city is represented in the Conference by its chief elected official,the mayor. j ter~ Like us on Facebook at facebook.conimayors or follow us on Twitter at twitter. com/usmayors. P c The Councii About the Council of State Governments State Founded in 1933,The Council of State Governments champions excellence in state l governments to advance the common good.CSG is a region-based forum that fosters �r- r Governments the exchange of insights and ideas to help state officials shape public policy.A nonprofit, nonpartisan organization,CSG is the nation's only organization that serves fi all three branches of state government.CSG membership includes 56 U.S.states and territories,and six Canadian provinces also partner with the council. 1 About the National Conference of State Legislatures (NCSL) NCSL is the bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. NCSL provides,research,technical assistance and 1 opportunities for policymakers to exchange ideas on the most pressing state issues NC_,U x„TlouAL ConlEaeN cE and is an effective and respected advocate for the interests of the states in the of STATE Lcc[SLATURES American federal system. NLCNATIONAL About the National.League of Cities LEAGUE The National League of Cities(NLC)is dedicated to helping city leaders build better OF CITIES communities. NLC is a resource and advocate for 19,000 cities,towns and villages, CITIES STNONG ToGcrmn representing more than 218 million Americans.www.nlc.org j NTITNO..N1FSSGCFQ ,'COUNTIES The National Assoc,ation of Counties(NACo)unites America's 3,069 county ., � governments. Founded in 1935, NACo brings county officials together to advocate with a collective voce on national policy,exchange ideas and build new leadership skills,pursue transformational county solutions,enrich the public's understanding of county government,and exercise exemplary leadership in public service, 5.C�T/L n�r x�.i V. TiZ.anagement Association Foundea in 914, ICMA,the international City/County Management Association, i, INTERNATIONAL CITY/COUNTY advances professional local government through leadership,management, MANAGEMENT ASSOCIATION innovation,and ethics.ICMA's 11,000 members are the professional city,town, and " county managers who are appointed by elected officials to oversee the day-to-day operation of our communities.ICMA provides member support,publications,data, I at and information;peer and results-oriented assistance;and training and professional development worldwide. ��SB� kh or,P t�:2C 1i caldoti a P W scic e irton of State€7ueu 'L C izCers Founded in 1945, NASBO serves as the professional organization for all state budget r, is 4 r:-v0KVAss0cw1IONOFWEBUDGE70FFICERS officers of the fifty states and U.S.territories. NASBO collects data and publishes I� numerous reports on state fiscal conditions and organizes meetings and training for s, budget and finance officials.The organization also provides public officials,the media " and citizens detailed information on state financial management and budgeting. I Page 29 of 72 S part of its tax reform efforts, Congress is debating whether to eliminate the ability for taxpayers to deduct r r state and local taxes (SALT). Similar efforts have been attempted in the past, and they failed each time — for a simple reason. If SALT were repealed, almost 30% of taxpayers, including individuals in every state and in all income brackets, would be adversely impacted. In 2015, the most recent year for which data are available, that included over 44 million tax units representing well over 100 million Americans. Additionally, more than 50% of the total amount of the SALT deduction went to taxpayers with adjusted gross incomes (AGI) under $200,000. Since the federal income tax was adopted in the early 20th century, it has been recognized that independent state and local government tax structures should be respected. The deduction of i I state and local taxes has contributed to the stability of state and ' local tax revenues that are essential for providing public services. I State and local governments must balance their budgets every year, so any change that disrupts the stability of their tax structure will harm their ability to fund those essential services. __ .3T•-• . _.L-..P' .ciir f1 _,c C_ ;E uei C.A,.CiC4i. x;edUotioa; : Page 30 of 72 State and Local Taxes How Do Taxpayers Benefit A Deduction that Prevents from the SALT Deduction? Double Taxation. Everyone in the United States benefits from SALT, Taxpayers in the United States are granted a range but the SALT deduction is used directly by around of tax preferences from the federal government. 30% of all taxpayers. Currently,taxpayers are given The Revenue Act of 1913,which introduced the the option of deducting real estate taxes as well as federal income tax,states that"all national, state, either income taxes or sales taxes paid to state county, school, and municipal taxes paid within the and local governments. However, the majority of year, not including those assessed against local SALT deductions are for income and property benefits,"can be deducted. The Revenue Act of taxes (see Figure 1). 1964 later named specific state and local taxes that could be deducted,which included: real and These tax preferences make it more affordable to personal property, income, and general sales own a home and provide incentives for generating taxes.These tax preferences serve two important economic activity, and remove instances where goals. First, by allowing taxpayers the ability to income is taxed twice--- by both the state or local deduct state and local taxes(SALT),taxpayers entity and the federal government. If the SALT avoid being taxed twice on the same income. deduction were eliminated, it would represent a Additionally, the deduction on property taxes, significant tax increase on homeowners and along with deduction on mortgage interest, make it much more difficult for many Americans provides a strong incentive for homeownership. to own their homes.This tax increase would The sales tax deduction provides similar incentives drive significant changes in the housing market. for encouraging spending—which facilitates Home prices—which have been set for decades economic growth, assuming the SALT deductions—would inevitably fall, causing a significant loss in wealth for many Americans and creating instability in the market. )n recent years, almost 30% of tai: Housing is a highly valued asset for residents and units used the SALT deduction. Only communities. Historically, the deductibility of the 21% used the deduction for mortgage property tax has often been a positive element in stabilizing housing values and markets.The interest, and 150% used the deduction deduction for property taxes, along with the for charitable donations. deduction for mortgage interest, provides an important incentive for homeownership. Eliminating these deductions would harm home Compared with other common deductions,the prices and disrupt the markets and industries that state and local tax deduction has a larger impact depend on a strong housing economy. than the deductions for both charitable giving and mortgage interest. In recent years, almost 30%of tax units used the SALT deduction. Only 21% used Over 60% of deductions from the deduction for mortgage interest, and 15% used the deduction for charitable donations. i .,,payers `<n ui legs $50,000 in Mcoiue voce frau ,,lraperty This highliglas huG ,:', the property tay, deduction is to mk-J)e Class 4 The Impact of Eliminating the State and Local Tax Deduction Page 31 of 72 Figure 1 — Distribution of the SALT Deduction i Distribution of SALT Deductions j100% i r 90% i 70%° g ' 7 60% I i 50% ,f 40% 30°10 e 2611; 1016 I 0% _ Source:IRs sol Tax stats(2015) Under 50K 50K to 100K 100K to 200K Over 200K N Real Estate Tax L Income Tax ■ Sales Tax While the SALT deduction is used across all income tax units with an AGI of more than $200,000 are levels,the actual amount of property versus from income taxes, over 60% of deductions from income versus sales tax deducted by lower, taxpayers with less than $50,000 in income come middle, and upper income taxpayers provides from property tax. This highlights how important insight into how those taxpayers benefit. For the property tax deduction is for middle class example, while over 70%of SALT deductions for homeownership. Deductions of property, income, and sales taxes are primarily determined by states'specific strategies for raiseing revenue. As Figure 2 shows, the majority of states have income and sales taxes, and some allow local income taxes. All states allow for property taxes, although this tax is administered at the local level. F[Eure — i e fit nibe- Thr Stai<Cz Collecting Various. Forms of Taxes 17Zr State Income Tax 41 Local Income Tax 12 State Sales Tax 45 Local Sales Taxl 38 Property Tax 50 I Sources Urban-Brookings Tax Policy Center(2016),Tax Foundation Fiscaf Fact No 461(2015) f The Impact of Eliminating the State and Lora]Tax Deduction Page 32 of 72 Figure 3 — The Impact of Eliminating the SALT Deduction Family of 4 in Homeowner in Family of 3 in Couple in Barrington,IL Eugene,OR Conroe,Tx Chaska,MN INCOME: $250,000 INCOME: $75,000 E INCOME: $100,000 i INCOME: $150,000 STATE INCOME TAX: $ 8,750 STATE INCOME TAX: $ 6,344 SALES TAX: $ 3,300 STATE INCOME TAX: $ 10,000 PROPERTYTAX: $ 15,000 PROPERTY TAX: $ 4,000 PROPERTYTAX.: $ 6,5500 PROPERTY TAX: $ 4,75'50 SALT DEDUCTION-, $ 23,750 SALT DEDUCTION. $10,344 SALT DEDUCTION: $ 0,800 SALT DEDUCTION: 5 14,750 1 ADDITIONAL TAX, $ 6,650 ADDITIONAL TAX: $ 1,552 ADDITIONAL TAX: $ 2,450 ADDITIONALTAX: $ 4,130 I V i The SALT Deduction by Income Level Contrary to popular opinion,the deduction of state -- -- _____. and local taxes does not exclusively benefit the In fact, almost 40% of taxpayers wealthy, even though that argument has been making between $50K to $75K per year used countless times in attempts to modify or repeal the deduction, In fact, almost 40% of and more than 70% of taxpayers taxpayers making between $50K to $75K per year earning f 1`oin $100K to $200K per year and more than 70% of taxpayers earning from $100K to $200K per year and use the SALT and �tS the SALT deduction. deduction. Figure 4 -- The SALT Dc.du tIcr, b): /'djusted Gross Income -iw o t�alI?i'o e Under25K 56,717;580 3,061,430 5e/a 2016 25K to 50K 35,077110 6,563,670 19% 5% 50K to 75K 19,944,460 7,603,690 38% 8% 75K to 100K 12,925,290 6,903,290 53% 9% 100K to 200K 18,330,660 13,915,460 76% 28% 200K to 500K 5,419,600 5,065,480 93% 21% 500K to 1M 864,920 805,020 93% 8% 1 M+ 438,370 400,420 91% 20% Total 149,726,940 44,318,460 29.6% 100% 6 The Impact of Eliminating the State and Local Tax DeductlOT, Page 33 of 72 One of the key takeaways from Figure 4 is that amount deducted is from those earning between over 50% of the total amount of the SALT $100,000 and $200,000 per year in AGI. With a deduction goes to taxpayers making less than standard deduction of$6,350 per individual and $200,000 a year. In fact, every single taxpayer with $12,700 for married couples filing jointly, even if income above the standard deduction amount Congress were to offset impacts from eliminating could potentially benefit from deducting SALT. the SALT deduction through increases in the When looking at the total amount deducted by standard deduction, the deduction would need to income bracket, it is clear that the SALT deduction increase significantly. Even if it were to double or benefits taxpayers across all brackets. In fact,the triple, a significant portion of taxpayers would still bracket with the most filers and the largest total end up with tax increases. Figure 5 — Total Deduction An-iounts •. L L_r�o%$ Deduction* as%of AGIlucted Average SALT 1J Deduct' . Under25K 3,061,430 $ 10,715,857,000 $3,5110 " 2% 25K to 50K 6,563,670 $ 26,377,106,000 $4,019 2% 50K to 75K 7,603,690 $ 41,818,805,000 $5,500 31/10 75K to 100K 6,903,290 $ 50,018,752,000 $7,246 4% 100K to 200K 13,915,460 $154,484,401,000 $11,102 6% 200K to 500K 5,065,480 $115,726,717,000 $22,846 7% 500K to 1M 805,020 $ 43,921,403,000 $54,559 811/o 1WJ+ 400,420 $109,645,122,000 $273,625 8% Total 44,318,460 $552,708,163,000 $12,471 5.4% f Calculated as SALT deduction amount divided by number of SALT deductions, Eliminating the SALT deduction would result in which takes into account more variables, additional taxes. Figure 6 shows the average tax the average increase would be over$2,000 if SALT increases for tax units that itemize across each were repealed. Thus, both estimates demonstrate income bracket. On average,taxes paid by that the repeal of the SALT deduction would have a taxpayers who itemize deductions would major and adverse impact on taxpayers. While that significantly increase. Some other models,such impact varies by income, there would be a tax as the Urban-Brookings Microsimulation Model, increase for everyone who deducts SALT. The Impact of Eliminating the State and Local Tax Deduction Page 34 of 72 Figure 6 — The Additional Tax Burden if the SALT Deduction Were Fiiminated Adjusted '6-rage S LT Gross Income Deduction 4 Under 25K $3,500 15.0% $ 526 25K to 50K $4,019 15.0% $ 603 50K to 75K $5,500 15,0% $ 825 75K to 100K $7,246 25-0% $ 1,811 100K to 200K; $11,102 28.0% $ 2,868 200K to 500K $22,846 33.0% $ 7,324 500K to 1M $54,559 39.6% $21,606 1M+ $273,825 39.6% $108,435 'filk SJZ1- Deduction by State In addition to its effect on taxpayers who itemize, The average deduct+on in California, New York, and regardless of adjusted gross income,the SALT New Jersey are all over$17,000. If the SALT deduction also benefits taxpayers in all 50 states. deduction were eliminated, assuming a 25% The tax deduction is used by Americans living in marginal tax rate, an average taxpayer in New York urban, suburban, and rural locations. who currently itemizes SALT would face a tax increase of almost$5,500.Those considering a The states with the highest percentage of repeal of the SALT deduction must answer to taxpayers using the SALT deduction are in the taxpayers who may not be able to afford the loss East and Northeast regions. However, states in the of such a large deduction. West and Midwest also take advantage of the deduction. Overall, use of the SALT deduction is widespread among all states regardless of geographic area, political identification,wealth, If the SALT dedu ii.on were elim—In cstE"d, or economic activity. ,.. assun�ir�.c� a �,5o; 1-�l�zrc�ia�al i��'.. .�t:e, an average ta.y:'l-jayel- in New Yorll, vLTho currently itemizes SALT would face a tax increase of almost $5,500. The Impact of Eliminating the State and Local Tax Deduction Page 35 of 72 Figure 7 -- Percentage of Tax Units that Use the SALT Deduction and the Average deduction by State n e •. . r - r - r - MD 461io $ 12,931 ME 28% $ 11,431 CT 41% $ 19,664 NE 28% $ 11,088 NJ 41% $ 17,850 SC 27% $ 8,765 DC 40% $ 16,442 VT 27% $ 12,407 VA 37% $ 11,288 MI 27% $ 9,648 MA 37% $ 15,571 MO 26% $ 9,886 OR 36% $ 72,616 OH 26% $ 10,444 UT 35% $ 8,291 KY 26% $ 9,955 MN 35% $ 12,954 AL 26% $ 5,918 NY 35% $ 22,169 KS 25% $ 9,425 CA 34% $ 18,437 NV 25% $ 5,989 GA 33% $ 9,158 OK 24% $ 8,201 RI 33% $ 12,434 MS 23% $ 6,302 CO 32% $ 9,017 LA 23% $ 6,742 DE 32% $ 9,194 TX 23% $ 7,823 1L 31% $ 12,523 1N 23% $ 8,756 WI 31% $ 11,653 FL 221/o $ 7,373 NH 31% $ 10,121 NM 22% $ 7,091 WA 30% $ 7,402 AR 22% $ 9,116 IA 29% $ 10,163 WY 22% $ 6,306 HI 29% $ 9,905 AK 21% $ 4,931 NC 29% $ 9587 TN 19% $ 5,611 PA 29% $ 11,248 ND 18% $ 6,864 AZ 28% $ 7,403 WV 17% $ 9,462 MT 28% $ 9,357 SD 17% $ 6,098 ID 28% $ 8,862 'Calculated aS SALT deduction amount divided by rumder of SALT deductions- The Impact of Eliminating the State and Local Tax)Deduction Page 36 of 72 The SALT Deduction by Congressional District The statistics in the earlier sections demonstrate However, use of the SALT deduction is also the significance of the deduction for taxpayers common throughout the U.S. Over 40% of at all income levels and across the states. taxpayers in districts throughout Georgia, Oregon, The need to retain the SALT deduction is more Pennsylvania, Minnesota, California, and Michigan evident when analyzing statistics from specific use the SALT deduction. areas of the country. Figure 8 shows the impact across congressional Consider the map in Figure 8, which shows SALT districts.The darker the color on the map,the higher deductions by congressional district. It is evident the amount of deduction claimed per congressional that taxpayers across all congressional districts district(normalized on a percentile basis). Figure 9 benefit from the SALT deduction.The amount of shows the specific impact on example districts, claims is highest in the Northeast, Midwest, and including the approximate additional tax burden, West Coast. For example, a few districts in New or tax increase on taxpayers that would result York, New Jersey, Maryland, and Virginia see over from eliminating the SALT deduction. SQ%of tax payers using the SALT deduction. Figure 8 — The SALT Deduction by Congressional District Jar 1 L � Baa" 4 w a e n VR"Y 10% 20% 30% 404/ 50% 60% 70% 80% 90% 100% J3:ht 19% 22% 2S% 27% 29% 31% 34% 38% 43% 521/0 tj«..r7F' The Impact of Eliminating the State and Local Tax Deduction Page 37 of 72 Figure 9 --- Additional Tax Burden by Congressional District, Example Districts %UsIng SALT Amount of SALT Deduction Deduction TX 8 26% $1,172,458,600.00 $293,114,650.00 OH 12 33% $1,714,441,500.00 $428,610,375.00 WA 8 32% $1,057,498,600.00 $264,374,650.00 IL 6 38% $3,196,473,000.00 $799,118,250.00 IVY 23 224/0 $800,207,000.00 $200,051,750.00 MI 8 35% $1,354,539,800.00 $338,634,950.00 NC 2 32%, $1,118,547,210,00 $279,636,802.50 MO 8 17% $348,497,340.00 $87,124,335.00 MA 1 32% $1,055,631,000.00 $263,907,750.00 NJ 9 37% $2,386,285,700.00 $596,571,425.00 CA 22 244/0 $361,586,800.00 $90,396,700.00 Note-The additional tax burden assumes a 2S%average marginal rate for all taxpayers,and the total estimate amount includes taxes paid by ail tax milts within The congressional district. `1:Ji,- `;/ is ]_ .i i(_a' �:.� .. and. Its Impact on and t oca) Govelm.yale .t The SALT deduction reflects a partnership between code provides deductibility.Taxpayers would not the federal government and state and local accept a tax increase in taxes paid, or double governments.The deduction is fundamental to the taxation, and they would make their displeasure way states and localities budget for and provide known --especially those in high-tax jurisdictions. critical public services,and a cornerstone of the U.S. Deprived of SALT as a tool for keeping their tax system of fiscal federalism. It reflects a collaborative burden lower,they would push back against the relationship between levels of government that tool that they have available to them — local tax has existed for over 100 years. Currently,the SALT rates, which provide the revenues needed to deduction is an accepted part of the tax structure provide essential public services, such as police that is critical to the stability of state and local officers, teachers,firefighters, and other valuable government finance. public servants, along with critically important investments that provide for infrastructure, public States, cities, counties, school districts, and other safety, healthy communities,and many factors special districts have all established tax rates that contributing to the quality of life. operate under the assumption that the federal tax The Impact of Eliminating the State and Local Tax Deduction L. Page 38 of 72 ' f�gpgpgp� I CONGRESSIONAL k 1 OEM L;�' If local governments reduced taxes to offset any tax DISTRICT increase at the federal level,this would result in job losses, reductions in spending on capital equipment, and decrease in infrastructure investment. Based on typical costs,the amount of revenue lost could be f used to support five police officers, 10 teachers,five public works employees, purchases of new capital 4 equipment,such as a fire truck,and over$150 million Tax Impact in infrastructure,that could support new schools, $306 Million roads, parks,and water/waste water facilities. CITY SCHOOLS STATE OTHER GOVERNMENTS �1!of r I s_ � sIkyi r: ssssl LL ft : AA Tax Impact Tax Impact Tax Impact Tax Impact $59 Million $125 Million $58 Million $64 Million Tax rates are obtained from Conroe,TX and Montgomery County,1R5(2014)data is also used.we assumed that 75%of SAC7 deduction for the 8th. Conga es<ien al nisrria was from property taxes and an average marginal tax rate of 259'x. The elimination of the SALT deduction would have federal deficit and to promote jobs and economic ramifications for taxpayers and state and local growth.As Congress discusses tax reform governments alike.This report provides a realistic proposals, it is essential to consider the impact any picture of the consequences of the proposal to changes will have on the bottom lines of state and eliminate the SALT deduction.Virtually all local governments,the very bodies that bear the Americans would be affected by a repeal of the burden of over three quarters of the cost of SALT deduction.Alternative proposals being providing the infrastructure that keeps our discussed,such as increasing the standard economy strong.The principle of fiscal federalism deduction or adjusting marginal tax rates, will underpins the necessity of ensuring that any mitigate the impact of eliminating the SALT federal tax reforms allow local and state deduction for individual taxpayers but will governments to retain authority over their own tax inevitably provide a different distribution of tax policies, retaining the deductibility of personal expenditures--creating a situation where many state and local property, sales, and income taxes tax payers will still face a significant tax increase. on federal tax returns. Recognizing the partnership that exists between federal,state, and local In summary,the thousands of state and local governments ensures that taxpayers are not elected and appointed public servants understand double taxed and maintains the essential public the need for tax reform to address the rising services upon which Americans rely. 12 The Impact of Eliminating the State and Local Tax Deduction Page 39 of 72 aC 1rx. `Cti d41i•fa lit �. CA 50 R 34% 112,808 54,323 AK At-Large R 21-:• :r.,932 $1,057 CA 51 D 30% 1;4,545 $4,364 AL 1 R 25,1 1'..298 $1,335 CA 52 D 33% $15,149 $5,106 AL 2 R 22% 54,740 $1022 CA 53 D 33% $15,249 $5,106 AL 3 R 24% X4.814 $1,162 Co 1 D 32% $9,758 $3,102 AL 4 R 20% $4,759 $965 Co 2 D 35% $8,819 $3,115 AL 5 R 29% ._650 $1,627 Co 3 R 26% - $7,916 $2,041 AL 6 R 339, $7,001 $2,332 C0 4 R 36% $9,487 $3,370 AL 7 D 28% $6,348 $1,760 C0 5 R. 29% $6,305 $11$26 AR 1 R 19% $7,161 $1,351 C0 6 R 42% $9,986 $4,208 AR 2 R 28% 59,267 $2,599 Co 7 D 391A $8,1B0 $3,151 AR 3 R 25% $10,671 $2,645 CT 1 D 41% $13,939 $5,754 AR 4 R 18% $7,074 $1,288 CT 2 D 391A $13,070 $5,125 AZ 1 D 27% $6,619 $1,812 CT 3 D 40% $13,803 $5,523 AZ 2 R 27% $6,600 $1,749 CT 4 D 38% $13,744 $5,271 AZ _ 3 D 27% $6,972 $1,901 CT 5 D 40% $13,869 $5,521 AZ 4 R 270A $6,674 $1,807 DC At-Large. D 40% $16,443 $6,541 AZ 1 5 R 30% $7,454 $2,240 D At-Large D 32% $9,195 $2,907 AZ 6 R 30% $7,454 $2,240 FL 11 R 19% $5,059 $954 AZ 7 D 30%, $7,454 i $2,240 F! 2 R 18% $4,711 $859 AZ 8 R 30% $7,454 $2,240 FL 3 R 176 $4,609 $795 AZ. 9 D 30% $7,454 12,240 FL 4 R 21% $5,444 $1,166 CA 1 R 33% $10,546 °3,432 PL 5 D 21.$5 $5,000 $1,034 CA D 38% $22,727 $8,559 FL 6 R 25% $6,769 $1,700 CA 3 D 32% $10,129 53,226 FL 7 D 21% $5,138 $1,072 CA 4 R 36% $11.802 5,=,249 FL 8 R 21% $6,351 $1,319 CA 5 D 38% $15,167 .:5,799 FL 9 D 18% $4,582 $813 CA _ 6 D 33% 514,803 $3,515 FL 10 D 19% $4,884 $934 CA 7 D 32% $10,174 5 3,2 83 FL 11 R 20% $5,145 $1,015 CA 1 8 R 30% 58,845 . 12,696 FL 12 R 20% $5,555 $3,166 CA 9 D 35% $13,356 14,647 FL 13 D 20% $6,494 $1,309 CA 10 R 28% $9:792 $?,745 CA 11 D 44% $18,672 $8,231 FL 14 D 21% $6,131 1,259 CA C.. 12. .. D 38% ..$32,428 $12,214. FL 15 .. R 19%. $5,365. $$1035 CA 13 D 38% $32,428 s,I?.214 FL 16 R 26% $8,900 $2,334 CA k. 14 D 40% $34;749 :14,064, .. Pt 17 R 2 % $6;745 $1,393 FL 18 P. 266% $10,124 $2,639 CA 15 D 44% $18,672 111,231 FL 19 R i 26% 511,799. S3,110 CA 16 D 23% _$9,_501 62,159. FL 20 D 271/1 $9,226 $2,512 CA 17 D 42% $30,259 $12.,728 CA 18 D 4146 $37,193 $12,907 FL 21 i. D .i 28%% $9,276 $2,563 FL 22 D 24% $9,276 $2,563 CA 19 D 42% $30,259 $12,728 CA 20 D 35% ,:$22,7.66 $7,931 FL ,23.. D 24% $6,647 $9,570 FL 24 D 24% $6,647 $1,570 CA 21 R 25% $9,932 $2,531 CA 22 R 241k $9,844 $2,348 FL ,25 R 25% $8,623 $2,123 FL 26 R 234. $8,026 $1,831 CA 23 R 29% $14,370 $4,203 FL 27 R 221 $6,870 $1,517 CA 24 D 341A $15,492 $5;252 GA 1 R 281'. $7,701 $2,159 CA 25 R 330A $16,723 $5,549 _ GA 2 D 26%t 15,713 $1,714 CA 26 D 331A $16,723 $5,549 GA 3 R 33% ¢,7,257 $2,410 CA 27 D 3142 $14,042 $4,400 GA 4 D 35% $7,934 $2,764 CA 28 D 32% $17,538 $5,563. GA 5 D 34% `1',105 $3,810 CA 29 D 32% $17.538 $5,563 GA 6 R 3895 511,445 $4,304 CA 30 D 334E $16,723 $5,549 GA 7 R 40% $8.881 $3,531 CA 31 D 31% $8,765 82,697 GA 8 R 27% $6,697 $1,798 CA 32 D 32% $17,538 $5,563 _ GA 9 R 31% $7,833 52,458 CA 33 D 32% $17,538 $5,563 GA to R 34% $7,529 $2,528 CA 34 D 3296 $17,;38 $5,563, GA 11 R 39% $10,807 $4,163 CA 35 D 31% $14,012 $4,400 GA 12 R 26% $6,716 31,724 CA 36 D 34N,. 59,695 53,308 GA 13 D 37% $10,116 33,696 CA 37 D 321/ $17,538 =.563 GA 14 F: 269h $6,644 $1,726 CA 38 D 34% $17,86<1 56,102 HI 1 D 30% $9,199 $2,762 CA 39 R 33% $15,575 $5,177 HF 2 D 290A $8,911 $2,548 CA 40 D 32% $17,538 $5,563 IA 1 R 294E $9,229 $2,651 CA 41 D 34% $9,699 53,308 IA 2 D 27% $9,606 $2,634 CA 42 R 34% $9,699 -11,308 IA 3 R 35% $10,460 $3,663 CA 43 D 32% $17,538 55.563 IA 4 R 25% $8,863 $2,229 CA 44 D 32% $17,538 _5,563 10 1 R 28% $8,083 $2,241 CA 45 R 37% $18,200 16,752 ID 2 R 28% $8,497 $2,383 CA 46 D 37% $18,200 $6,752 IL 1 D 34% $13,226 $4,471 CA 47 D '/% $17,864 $6,102 IL 2 D 33% $12,626 $4,174 CA 48 R 37% $18,200 $6,752 IL 3 D 36% $13.763 $4,967 CA 49 R ..1:% $16,524 $5,776 *Crlculated as SALT deducucn amount br number of SALT deductions. Calculated as SALT deduction¢moan:divided l;y cumber of tax;Iters The Impact of Flu-nmat1ng the Slate and Local Ta,.Deeucuon 13 Page 40 of 72 I AV b-• r I It 4 r. It Average 5 D 3196 ;.$13.664 b., ' I`• 1 It 6 35% $14,179 $4,278 MN . 1 r '.. It It 7 38% $74,830 $4,704 MN 2 R 43% $10,1 d4 $2,879 , D $11,479 IL 8 3695 $93,664 $4,278 ` MN 4 �� R 40% $15,021 $4.883 It 9 D 31% $73.928 $4,948 MN 5 O --"!'� 36% $5,493 10 $13,664 D $12,451 r,._.,, It 11 D 3S% $75,816 R$4,278 MN 6 37% $14,720 $x,446 It D 37% $ $5,583 MN 7 39% $13,123 $5,201 !t 13 R 24% 13,A44 $5,028 MN s n 25% $9,743 55.180 R !t 26% $8,798 $2,087 MQ T n 28% $8,788 $2,454 74 $9,542 $2,454 MO 2 R 30% $2,503 It 15 R 43% $14,453 R 572,183 1t 16 R 20% $8,653 $6.271 MD 3 R 37% $11,58 $3,692 It 17 R 30% $1,757 MO 4 29% $7,681 1 54;245 It 18 D 24% $9,731 $2,967 MO 5 R 21% $7519 $2.205 IN R 26% $9,308 $2,200 MO 6 D 28% $1,552 IN 1 n 28% $9.802 $2,529 MO 7 R 25% $8;657 3 $2.393 2 IN R 20% $7,451 $2,198 MO 8 R 19% $7,759 $2,156. IN D 20% $8,692 $1,708 MS 1 R 17% $6,452 $1,503 IN 4 R 25% $7,966 $1,605 M5 2 R 22% $1,128 IN S R 28% $7,834 $1,940 ros D 21% $5,899 $1,324 IN 6 R 20% $9,738 $2,766 Ms 4 R 25%, $6.288 $1,338 7 $6,300 IN 8 D 22% $3,242 $1,431 MT At-targe R 23% $6,300 $1,565 IN R 18% $8,262 $7,859 NC 1 R 28% $1,424 KS 9 R 24% $7,839 $7,391 NC 2 D 24% $9,358 $2,640 $7,268 I R $Tb7n. 81,865 NC R 32% 3 - $1;747 KS 2 R 78% :1,243 NC 4 R 25% . $9,335 $2,984 KS 3 2296 "`7.4" 4 : $7,596 KS 4 R. 37%: .;11176 `--1.657 NC 5 R 3S% $10,310 $1,875 KY 1 R 2A% "1,760 772 NC 6 26% $8.528 $3,564 KY 2 R, 20% 57187 '2.085 NC 7 R 2.8% $9.146 $2,259 KY 3 R 25% $7,986 ",484 NC 8 R - 26% $7,391 $2,590 KY 4 R - 3146 $10,653 `1:962 NC 9 R 30% $9,738 $7,885 KY R 32% -''3.329 NC 10 315% $11,304 $2,929 KY 5 R 15% $10,556 .',370 NC 11 R 26% $8,079 $4,094 LA 6 R 29% $7,419 51..13E NC 72 R 22% $7;175 $2,114 LA 7 R 25% 89,745 :2,861 NC 73 D 33% $80,176 $11,637. 2 D 37.659 $7,886 ND R 33% $3,293 LA 3 25% S7.ti�75 At-tzrgc R x9.594 LA 4 R 20% NE 1 tR% $6,865 $3,192 LA R 22% 7,033 41:389 NE 13 29% $1,267 5 R $5,881 2 R $9,894 $2 914 LA 19% •1,278 NE 3 33 io ^'f2,48q 6 R 25% 5'"155 Si.Oc NH 1 R 111 .1997 $4,110 MA t 32% 3G.2SF7 5'1,79:1 NH D 6 . 51,832' D MA 3 D 364° 5}3,389 53,4>1 NJ 1 ..� 37C'� t� �' S3,025 Mk D 38% 5,1.310 172,692 NJ .2;c $2,974 . 2 MA 5 D 39% 575,�p6 $5,782 Nj 3 R 3863 $11,,7:%2 $x,341 $5.955 NJ 4 :?>" $17.587 MA 6 n 354'1, `4,310 MA 7 D 39% $15,797 $5.640 N1 $ D $16,912 .,,_�p9 MA R D 36% $18,035 $6,140 NJ 6 L) 43,` $18,535 i',938 MA 9 35% $6,598 N1 7 °�'`'? $16,5 "'F'r' MD D 38% $15,262 $5,335 NJ 8 R AGS" $21,276 5:1,309 1 R $11,308 D 5 MD 2 41% $11,273 ' $4,293 N1 9 O $20,465 `;,83; 57.7_'3 Mb 3 D 44% $12,609 $4,644 Nl 10 .D $18,668 MD 4 45% $14,621 $5.509 NJ 71 R 32 $18,960 $6,633 NJ 4255 MD 5 D 47% $9,316 12 D 820,724 =.244 MD 6 D 48% $9878 $4,383 NM 1 O 43^5 $77.674 $8.415 Mb 7 'R 43% $14,410 $4,780 NM 2 28", 87,34.; $7,592 MD B 41% $6,228 NM 3 R 19% $2A47 1 $13,075 $5,412 D $6,433 $7 2� FAED NV 24% 0 ME 7 D 33% $75.291 $7,568 NV 2 D 25% !,491 5155" 2 R 171.oR2 '3,878 NV R 24% °5.451 11.32i; 325 M! 7A41 R 20% $,2,82 52.012 NV q p 25% 5 $1.755 M! 2 12 2645 $8.1`2 Si,65q NY 1 D 24% $-351 51,335 3 R $8,985 46% $1,272 MI 32,303 NY 4 R 24% 58.5_;8 S7,188 NY 2 R 48% $17,G86 $8,167 M! 5 21% 3 $20,,171 MI 6 R 21% i Sr 87,524 NY NY 4 D 50% $18.-86 $9611 MI 7 R 26% E8"? 8 $2,D77 NY 6 D 40% $18,995 MI R 5£.628 $2,276 NY D 30% 5'7.564 $10,429 MF 10 O 33% 54,745 $3,681 NY 8 D 34% 534.474 111140 MI 71 R 36 57.465 $1,945 NY 180 D 28% 112,860 .I<G NY 12 D 11G,616 $3,191 NY D 36% $14,585 53,915 MI P3 279E '-5,874 11 R $41,978 $15,G0.5 MI 14 D 24% .8,828 $2,690 NY 12 n 36% $73,769 30% $2,101 13 $4.960 NY 34% $34,479 51?.616 $3,191 D 34% $11,740 * Calculated as SALT dedu[LiOn dm0untdiv ided b NY 14 D $$9,471 $15,795 **Calculated as NY 15 25% $4,698 SALT deduttian 14 amount divided 6 number of SALT deductions. n 27% $2,359 $7,954 $1,674 y number of tax filers. The Impact of Eliminating the State and Local Tax Deductiol, 72 - S� �, •'v.-- .'Fri 5. R^R�;'p NY 16 D 34"Y.., 524,678 $8,276 TN 9 0 2545 56,163 31,538 NY 17 D 45% $25,243 $11,902 TX t R 1956 $5.?15 $995 NY 18 D 43 v,, $21,571 9.3 00 TX 2 R 23�fi ,$R 440 i NY .'..92: 19 R 3"r R5 512,501 $3,885 TX NV 20 0 -7-. $4,818 TX 4 R 37"� $8,742 11.791 15 3..34 574,384 25°E 57'C7 .,._ 4 R NY 21 R 2346 511,865 $1.791 $2,775 TX 5 R 2046 $7.153 $1,75q NY 22 R 2346 510,766 $2437 TX s R 2495 $6,859 51,571 NY 23 R 22% $11,716 NY 2.7 R 29°34• 512,140 821588 isq TX J F. 2396 $8,440 $1,922 V 8 R 26% $8,617 $2,242 NY " D 331/1 $12,896 NY i_6 $4,285 TX 9 D 28% $8,856 52,516 X�", G 273' :.,..x,. $12,083 53,319 TX 70 R 2346 $8,743 $1,983 NY 27 R 2" $12,125 $3..090 7X OH 1 R 3'_9:: 51^,684 53,849 1 R 17% $5,915 $1,027 ;m.. TX 12 R 26% $7.236 51,915 OH 2 R 26% $10,400 $2,737 TX 13 R 17% $5,514 OH 3 0 3M1 311,280 $929 µ.:. $3.4]2 TX 14 R 259E 1.6,856 $1,712 OH 4 R 2"'1 $7,873 OH 5 $1.665 FX 75 D iR4h 55,173 $921 '. R 23°5 $8,759 »r. $2.031 TX i6 D 1643 $5,999 OH 6 961 OH R 15''° $7,552 $1,169 TX ,� 17 R 19% 58,089 $1556 R 24% $8,360 $1,995 TX 18 ` OH 8 „- R 261A88,312 D :. .. 2346 $8,440 31,422 p $2,138 TX MOM-.6 R 75% $5,544 $829r OH 9 27elo .810,767 52,957 TX ...30r,'' .. ii D I•; 20% I7,202 $1,428 OH 10 I R 27% $9.283 $2519 TK '�',® R. 24% w E1,988 .. OH 11 D °.294' . $11,785 $3,438 TX 0:, .22.wxY R [ " 29%y 58555. ^. 1 .rr$2.443,::1...,. `. OH 12 R 33% $11.572 $3,788 7X _ R S6 OH 13 t, D x2-+-23% 58,965 'r .2_,947 TX 24 _ WAMMUM R t�4,"' 26% S8D2$, f L�"5211$ OH 14 R k $10,561 $2,997 TX R' $ A� maxima OH 15 iy R 28% .' $9,595 ,ra $2,741 �, T% Fk 26';,; 4„� :r 6 R 28°"1 ,`.$10,444 _ $2,930 TX r `.. OH OK 1 R 28%,. ', 59,309 52.570 _«•, AM 2 .,D 1 -F.49M OEM= s OK 2 R $R $5394 3976 .,. TX ¢ 8 OK 3 P",I` R 23% $6,502 $1546 ''�; , TX tra ,.30;d, t'. D e" E 'T ` `72T''a., -" F*.; 161 OR 1 " R 91 1.5,6f ¢7,836 $1,947 R off INNIMMM OR q is OK 5S a„< R .} 2q 88,842 $2,116 e ^w TXe.. :"-� „. R C ." ,w7 „ ;.,.«a'.} $84733 D $12.,669 $4,976 WRMW OR 2 .s�1,x '„ R i'. 31% $15,001 $3087 rp' TX D., $1 N "�' .ia.,YA j_TX BMW 11 ,:1�. 1) If MWW � V..:� aw;ia" �Br�s3:':.w,. OR 3 D � 405 $13,953 $5522 OR 4 ',4, D ` 31% , $9,852 $3.0 - $1, 1 OR 5 I p 3695 $12,052 $4, UT ". 1 R 3r,% $7,747 $2,750 PA 1 'i�,:Y_' D 319b„ski!.„.:;' $11,132 $3,431"x",'_„q;': �„'(JT'"C:;d 2 R 35k $7,544 $2,651 PA 2 D 30 4_$11,425 $3, R „35�ro $7,98` $2,790 PA 3 :r^'��`�. R 21 s'.'3 '*. UT xi r,ro� PA 4 T «; $8,929 51,864^",^'�'. UT r,eE�.".: ,36u; $7,989 $2,837 R 31 4 $8.957 $2,821 I. VA 1 R '41% $$987 $3,665 PA PA 6 R 1795�ia.. i�'`6 $8,611 51,485 ' VA '•2'^ '_ay. R ,Xi R, :$`„3296 $8.313 $2.668 R 409u $13,278 $5,7.52 VA 3 " D T96 _,. $B,352 $2,605 PA 7 R 3833 $12,456 $4,784 ,... VA 4 �', PA 8 D ^"ttsv'38% fi1;.:' $7,839 $2,962 R "% 513,090 $5,707 VA 5 R $9,500 $2,624 PA 9 R 1944 $8,128 $1,527 VA 6 R „.;27,6 $7,303 51,979 PA 1D ^ P. 2346 $8,443 $1,904 VA 7 R 4 I. $9,161 $3,536 PA 17 R 24% $8,626 $2,035 VA 8 p "� �n PA 12., R 2440 $10,263 32,423 VA 9 ,,.,� `IqA "iiii% $15,359 $7,195 PA 13 $7,549 PA 14 1 D 30'34 $11,425 $3,446 VA 10 R r'�::"tiy.49 $13,562 $5,653 ,. D 27% $71,252 $3,016 VA 11 D 49% $14,186 $7,015 PA 15 R 314; $9,681 $2,953 LrT AY-Large D � ,2734 $124p8 53,383 PA 16 �. R 3543 $11,394 $4,024 WA 1 0 Fi .339E $7,606 $2,534 PA 17 D 241K $9.224 $2,253 WA 2 D32% $6,307 $2,009 1 PA 18 R 26% $11,099 $2,924 WA 3 Rr RI 1 p ,.. 30"••0 $6,901 $2,079 31''b $13,081 $4,119 WA 4 R 199%, $5,318 $1,017 RI 2 D 3434 $11,504 $3,888 WAS R 23% $5,702 SC I R 31'1 $9,447 $2,908 $1,325 WA 6 D 29c'r $6,238 $1,837 SC 2 R 29 F, $7,927 $2,317 WA 7 D 35% $7,867 $2,715 SC 3 R 253, $8,145 $2,076 WA 8 R 321; $7,840 $2,490 SC 4 R 29% $8,785 $3,074 $2,536 WA 5 D 33°F. 5C 5 R 274* $7,741 $2.086 WA 10 D , $2,689 30%: $6048 $1,800 SC 6 D 2733 $8,649 $2,370 WI 1 R 3345 $11,421 $3,788 SC 7 R 21% $7,135 $1,533 WI 2 R 36% $12,305 10 5D 0 R $4,806 179E $6,098 $1.032 WI 3 R 27434• $10,440 $2,806 TN 1 R 14% $4,369 $618 WI 4 R 34 G! $12,707 $4.307 TN 2 R 209E $5,587 51,137 WI 5 D 35% $11,478 $4,036 TN 3 R is" $5,212 $950 WE 6 D 317,51, 511,426 TN 4 R $3,767 174, 54,086 $676 WI 7 p 27% $9,SE0 TN $2,709 D 22ik $5.289 $1,356 WI 8 R 30% $10,580 53.'.99 TN 6 R 1944 $4,343 $814 WV 1 R 1791, $9,635 TN 7 R 22.E $5527 51.237 WV 2 R 21 $8,398 $1,778 TN 8 R 2041: '55,33& $1,092. WV 3 R illi081 58,565 51, Calculated as SALT deduction amount divided by number of SALT dedu[tions. Wv At-Large R 22% $6.2 V, 51,365 *'Calculated as SALT deduction amount divided by number of tax filers, The Impact of Eliminating the State and Local Tax Deduction s L Page 42 of 72 rJ Oak Park Heights Request for Council Action Meeting Date October 10th, 2017 Time Required: 10 Minutes Agenda Item Title: ACCESSORY O ST T ES—ORDINANCE AMENDMENTS Agenda Placement Id BLISilleS� Originating Department/Reque or: h on City Administrator Requester's Signature Action Requested DlScllSS]o ossible Action Background/Justification (Pleaseindicate' if any previous action has been taken or if other public bodies have advised): Please see the attached memo and documentation from Scott Richards, City Planner Page 43 of 72 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763,2 11,5840 Facsimile: 763.427.0520 TPCCq;PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: October 3, 2017 RE: Oak Park Heights — Accessory Building Amendments — City Council TPC FILE: 236.01 — 17.02 BACKGROUND The City Council, its May 9, 2017 meeting, authorized Staff to review Section 401.15.D. Accessory Buildings and Section 401.15.C.8 Building Type and Construction of the Zoning Ordinance as it relates to accessory building regulations. There are two concerns, whether the allowances for height and size are appropriate and secondly if temporary structures such as fabric carports and shelters should be allowed in the City. At their August 10, 2017 meeting, the Planning Commission reviewed the issues and provided direction to Staff on the accessory building regulations. They directed Staff to schedule a public hearing for the September 14, 2017 meeting. At that meeting, they opened the public hearing and made some minor changes to the draft text which are outlined here. EXHIBITS Please find as follows the Exhibit for your consideration on this matter: Exhibit 1: Section 401.15.D. Revised Oak Park. Heights Accessory Building Regulations. Exhibit 2: Recommending Resolution of the Planning Commission. Exhibit 3: Ordinance to Amend the Zoning Ordinance. ANALYSIS Discussion Points The focus of this review is on Section 3, Height/Setbacks, as it relates to the height of accessory buildings, Section 6 and 9, as it relates to size, and Section 11 as it relates to Page 44 of 72 compatibility of exterior material. Currently, through this section, the City does not allow fabric carports and shelters. Discussion points on this topic are as follows: 1. Height: The Planning Commission recommended that the maximum height of an accessory structure should not be more than 20 feet. (Vote that the building height would be to the parapet of a flat roof building and to the midpoint of the roof of a gable or hip roof building. They also recommended that the height not exceed an existing principal structure. 2. Size: There are two Sections, 6 and 9 that regulate size of structures. As to size in Section 6, the Planning Commission asked Staff to discuss with the Julie Hultman,. the Building Official, what method would be easier for implementation and enforcement; establishing the maximum size of accessory buildings by a square foot amount or by a percentage of the lot area. For instance, the ordinance could simply say the accessory building size shall not exceed 1,200 square feet. Or it could say it shall not exceed 30 percent of the lot area. Ms. Hultman indicated that establishing a maximum size number such as 1,200 square feet would be the easiest method. Section 9, that provides a limit of 30 percent of the gross floor area of principal buildings. The Planning Commission recommended a maximum size at 1,200 square feet and to eliminate the 30 percent of gross floor area requirement. 3. Fabric Carports and Shelters: The Planning Commission discussed whether fabric carports and shelters, should be allowed. The current language in Section 11 and in Section 401 .15.C.8 as found below does not allow for this type of structure. The recommendation of the Planning Commission was to allow temporary accessory buildings such as fabric carports and shelters as a special event for a maximum of 50 days in a calendar year. The rational was that people sometimes need temporary storage, especially during construction on the lot. The provision already applies to commercial and industrial districts, mostly for tents or signage. The temporary structure would require a special event permit issued by the City and would be subject to the following conditions recommended by the Planning Commission: a. The structure shall be securely fastened to the ground, subject to the safety requirements specified by the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. 2 Page 45 of 72 c. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the City shall have the right to remove the structure at the permittee's expense. 4. Other Issues: a. A definition of temporary structure should also be included in Section 401.02.6. A suggested definition is as follows: Temporary Structure: Any structure that is designed, constructed and intended to be used on a short-term basis. b. Section 401.15.D will need to be amended so that the conditions are consistent with the new requirements: i. The building height of an accessory building shall not exceed Wentr fives twenty (20) feet. j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than t-hiFty five �) twenty-five (25) percent of the rear yard. Revised Ordinance: Deleted language is struck, new language is in bold. Section 401.15.D. Accessory Buildings, Uses and Equipment 1. Connection with Principal Building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) twenty (20) feet in height or exceed the height of the principal structure on the lot. Accessory buildings shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building 3 Page 46 of 72 or structure on the same lot. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. suture. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 409.03 and Section 401.15.D.13 of this Ordinance. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed (1,000) one thousand, two hundred (1,200) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 7. Administrative Approvals. Storage buildings one hundred twenty(120) square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit, and may be in excess of the number of structures allowable in Section 401.15.D.5. above. 8. Building Permit. No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. SizeLimitE- Ge t in the Ga'sc-o single famWy detaGhed-'dwe'1iin "c�'Ovey 4 Page 47 of 72 9. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. 10. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401.15.D. 11. of this Ordinance. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint. ante-rause a..fa,-e 11. Temporary Accessory Structures. Temporary accessory structures shall be allowed in all zoning districts with the issuance of a special event permit for a maximum of 50 days in a calendar year subject to the following: a. The structure shall be securely fastened to the ground, subject to the safety requirements specified by the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. C. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the City shall have the right to remove the structure at the permittee's expense. 12. Trash Receptacles. All buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: a. Exterior wall treatment shall be similar and/or complement the principal building. b. The enclosed trash receptacle area shall be located in the rear or side yard. S Page 48 of 72 C. The trash enclosure must be in accessible location for pick up hauling vehicles. d. The trash receptacles must be fully screened from view of adjacent properties and the public right-of-way. e. The design and construction of the trash enclosure shall be subject to the approval of the Zoning Administrator. 13. Conditional Use Permits. Application for a conditional use permit under this sub-section shall be regulated by Section 401.03 of this Ordinance. Such a conditional use permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. b. In the case of residential uses, no commercial or home occupation activities are conducted on the property. G. The building has an evident re-use or function related to the principal use. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 21 e. The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. 21 f. Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. 21 g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. 21 h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. 21 i. The building height of an accessory building shall not exceed ty-five (-2-� twenty (20) feet. 21 j Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty five (454 twenty-five (25) percent of the rear yard. 6 Page 49 of 72 k. The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. Section 401.15.C.8 Building Type and Construction. This section also restricts the types of building materials and construction types for structures. The section is as follows: 8. Building Type and Construction. a. General Provisions. 75 1) Compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties. Compatibility means that the exterior appearance of the building, including design, architectural style, quality of exterior building materials, and roof type and pitch are complementary with surrounding properties. 25 2) Maintenance. All buildings in the City shall be maintained so as not to adversely impact the community's public health, safety, and general welfare or violate the provisions of the Nuisance or Hazardous Building provisions of the Oak Park Heights Code of Ordinances. 25 3) Metal Building Finishes. No unfinished steel or unfinished aluminum buildings shall be permitted in any zoning district. High quality, non-corrosive steel, aluminum, or other finished metal shall be allowed for walls or roofs. 25 4) Prohibited Materials and Structures. a. Pole buildings and Quonset structures. b. Wood or metal poles as principal structure support where such supports are not affixed to a floor slab but inserted directly into the ground to achieve alignment and bearing capacity. 25 5) Accessory Buildings. All accessory buildings to residential dwelling units and non-residential uses shall be constructed with a design and materials consistent with the general character of the principal structure on the lot as specified in Section 401.15.D of this 7 Page 50 of 72 Ordinance except as allowed for temporary accessory structures specified in Section 401.15.D.11. b. Exterior Building Finishes — Residential: The primary exterior building fagade finishes for residential uses shall consist of materials comparable in grade to the following.- 1) ollowing:1) Brick. 2) Stone {natural or artificial). 3) Integral colored split face (rock face) concrete block. 4) Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress. 5) Stucco (natural or artificial). 6) High quality and ecologically sustainable grades of vinyl, steel and aluminum. Vinyl shall be a solid colored plastic siding material. 7) Fiber cement board. 8) Exterior insulation and finish systems. 9) Energy generation panels and devices affixed to a roof or wall. If not in use, the panels or devices should be removed and building surface restored to the original condition. C. Exterior Building Finishes — Commercial: The exterior architectural elements and finishes for all buildings in the business zoning districts shall be subject to Section 409.16 of this Ordinance known as the Design Guidelines. Conclusion/Recommendations The City Council should review the draft regulations and provide direction to Staff on any revisions. A recommending resolution of the Planning Commission and an Ordinance of approval for the City Council is attached. 8 Page 51 of 72 SECTION 401.02.13 DEFINITIONS Add the following definition: Temporary Structure: Any structure that is designed, constructed and intended to be used on a short-term basis. SECTION 401.15.D. ACCESSORY BUILDINGS, USES AND EQUIPMENT Revised language: 1. Connection with Principal Building. An accessory building shall be considered an integral pan`of the principal building if it is connected to the principal building by a covered passageway. 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 3. Height/Setbacks. Accessory buildings shall not exceed twenty (20) feet in height or exceed the height of the principal structure on the lot. Accessory buildings shall be five (5) feet or more from side lot lines, eight(8) feet from the rear lot line, and shall be six (8) feet or more from any other building or structure on the same lot, Accessory buildings may be closer than six (6) feet to other buildings or structures provided the requirements of the Building Code are met. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401. 15.D.13 of this Ordinance. 4, Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. From City Ordinance 409 (as amended October 2017) Page 52 of 72 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred (1,200) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D. 13 of this Ordinance. 7. Administrative Approvals. Storage buildings one hundred twenty (120) square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit, and may be in excess of the number of structures allowable in Section 401.15.D.5. above. 8. Building Permit. No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 9, Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. 10. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401.15.D. 11. of this Ordinance. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible"means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint. 11. Temporary Accessory Structures. Temporary accessory structures shall be allowed in all zoning districts with the issuance of a special event permit for a maximum of 50 days in a calendar year subject to the following.- a. ollowing.a. The structure shall be securely fastened to the ground, subject to the safety requirements of the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. C. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the City shall have the right to remove the structure at the permittee's expense. From City Ordinance 401 (as amended October 2017) Page 53 of 72 12. Trash Receptacles. All buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following,- a. ollowing:a. Exterior wall treatment shall be similar and/or complement the principal building. b. The enclosed trash receptacle area shall be located in the rear or side yard. C. The trash enclosure must be in accessible location for pick up hauling vehicles. d. The trash receptacles must be fully screened from view of adjacent properties and the public right-of-way. e. The design and construction of the trash enclosure shall be subject to the approval of the Zoning Administrator. 13. Conditional Use Permits. Application for a conditional use permit under this sub-section shall be regulated by Section 401.03 of this Ordinance. Such a conditional use permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. b. In the case of residential uses, no commercial or home occupation activities are conducted on the property. C. The building has an evident re-use or function related to the principal use. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 21 e. The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. 21 f. Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. 21 g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. From City Ordinance 409 (as amended October 20971 Page 54 of 72 21 h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. 21 i. The building height of an accessory building shall not exceed twenty (20) feet. 21j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than twenty-five (25) percent of the rear yard. k. The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. SECTION 401.15.C.8 BUILDING TYPE AND CONSTRUCTION Section 401.15.0.8 of the Ordinance also restricts the types of building materials and construction types for structures. That section is as follows: 8. Building Type and Construction. a. General Provisions. 25 1) Compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties. Compatibility means that the exterior appearance of the building, including design, architectural style, quality of exterior building materials, and roof type and pitch are complementary with surrounding properties. 25 2) Maintenance. All buildings in the City shall be maintained so as not to adversely impact the community's public health, safety, and general welfare or violate the provisions of the Nuisance or Hazardous Building provisions of the Oak Park Heights Code of Ordinances. 25 3) Metal Building Finishes. No unfinished steel or unfinished aluminum buildings shall be permitted in any zoning district. High quality, non-corrosive steel, aluminum, or other finished metal shall be allowed for walls or roofs. 25 4) Prohibited Materials and Structures. a. Pole buildings and Quonset structures. From City Ordinance 401 (as amended October 2017) Page 55 of 72 b. Wood or metal poles as principal structure support where such supports are not affixed to a floor slab but inserted directly into the ground to achieve alignment and bearing capacity. 25 5) Accessory Buildings. All accessory buildings to residential dwelling units and non-residential uses shall be constructed with a design and materials consistent with the general character of the principal structure on the lot as specified in Section 401.15.D of this Ordinance except as allowed for temporary accessory structures specified in Section 401.15.D.11. b. Exterior Building Finishes -- Residential: The primary exterior building fagade finishes for residential uses shall consist of materials comparable in grade to the following.- 1) ollowing:1) Brick. 2) Stone (natural or artificial). 3) Integral colored split face (rock face) concrete block. 4) Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress. 5) Stucco (natural or artificial). 6) High quality and ecologically sustainable grades of vinyl, steel and aluminum. Vinyl shall be a solid colored plastic siding material. 7) Fiber cement board. 8) Exterior insulation and finish systems. 9) Energy generation panels and devices affixed to a roof or wall. If not in use, the panels or devices should be removed and building surface restored to the original condition. C. Exterior Building Finishes— Commercial.• The exterior architectural elements and finishes for all buildings in the business zoning districts shall be subject to Section 401.16 of this Ordinance known as the Design Guidelines. From City Ordinance 401 (as amended October 2017) Page 56 of 72 T A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO "HE CI'T'Y COUNCIL AN ORDINANCE AMENDMENT TO THE ACC-ESSORY BUILDING REGULATIONS AS IT RELATES TO HEIGHT, SIZE AND ALLOWANCES FOR TEMPORARY STRUCTURES WHEREAS, the City Council of the City of Oak Park Heights requested that the Planning Commission consider Ordinance amendments to the accessory building regulations as it relates to height, size and allowances for temporary structures in Section. 401.02.B Definitions; 401.15.D Accessory Buildings, Uses and Equipment; and Section 401.15.C.8 Building Type and Construction. The Planning Commission of Oak Park Heights makes the following findings of fact: 1. The City Council, at its May 9, 2017 meeting, determined that the Planning Commission should review the Accessory Buildings, Uses and Equipment sections of the Zoning Ordinance; and 2. At their August 10, 2017 meeting, the Planning Commission reviewed the Zoning Ordinance and the regulations drafted by City Staff and determined that it was necessary to add a definition of temporary structure and to amend the accessory building regulations. The regulations are to be amended to allow additional height, additional overall square foot allowances for accessory buildings, and to allow temporary structures on a limited basis. The Planning Commission provided direction to City Staff and asked that a public hearing to amend the Zoning Ordinance be scheduled for the September 14, 2017 meeting; and 3. The Planning Commission held the public hearing at their September 14, 2017 meeting and recommended amendments to the Zoning Ordinance as found in the revised Section 401.02.B Definitions; 401.15.D Accessory Buildings, Uses and Equipment; and Section 401.15.C.8 Building Type and Construction, the draft sections being on file at City Hall; and 4. The Planning Commission makes the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: Page 57 of 72 A. Section 401.02.B Definitions of the Zoning Ordinance is amended to add a definition of Temporary Structure. B. Section 401.15.D and C Accessory Buildings, Uses and Equipment of the Zoning Ordinance is amended to allow additional height, additional overall square foot allowances for accessory buildings, and to allow temporary structures on a limited basis. C. Copies of the recommended Zoning Ordinance amendments are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of September 2017. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 2 Page 58 of 72 6)," CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2017 - AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE AS IT RELATES TO THE ACCESSORY BUILDING REGULATIONS FOR HEIGHT, SIZE AND ALLOWANCES FOR TEMPORARY STRUCTURES IN SECTION 401.02.13 DEFINITIONS; 401.15.D ACCESSORY BUILDINGS, USES AND EQUIPMENT; AND SECTION 401 .15.C.8 BUILDING TYPE AND CONSTRUCTION THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.6 Definitions, is amended to include the following: Temporary Structures: Any structure that is designed, constructed and intended to be used on a short-term basis. SECTION 2. Section 401.15.D.1-11. Accessory Buildings, Uses and Equipment, is amended to read as follows- 1. ollows:1. Connection with Principal Building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 3. Height/Setbacks. Accessory buildings shall not exceed twenty (20) feet in height or exceed the height of the principal structure on the lot. Accessory buildings shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6)feet or more from any other building or structure on the same lot. Accessory buildings may be closer than six (6) feet to other buildings or structures provided the requirements of the Building Code are met. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Page 59 of 72 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401 .15.D.13 of this Ordinance. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401 .03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred (1,200) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 7. Administrative Approvals. Storage buildings one hundred twenty (120) square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit, and may be in excess of the number of structures allowable in Section 401.15.D.5. above. 8. Building Permit. No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 9. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. 10. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401 .15.D. 11. of this Ordinance. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building including roof pitch and style is not Page 60 of 72 at variance with the principal building from an aesthetic and architectural standpoint. 11. Temporary Accessory Structures. Temporary accessory structures shall be allowed in all zoning districts with the issuance of a special event permit for a maximum of 50 days in a calendar year subject to the following: a. The structure shall be securely fastened to the ground, subject to the safety requirements of the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. C. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the City shall have the right to remove the structure at the permittee's expense. SECTION 3. Section 401.15.D.13. Accessory Buildings, Uses and Equipment, is amended to revise Section 401.15.D.13 i and j as follows: 13. Conditional Use Permits. Application for a conditional use permit under this sub-section shall be regulated by Section 401.03 of this Ordinance. Such a conditional use permit may be granted provided that: i. The building height of an accessory building shall not exceed twenty (20) feet. j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than twenty-five (25) percent of the rear yard. SECTION 4. Section 401.15.C.8. Building Type and Construction, is amended to revise Section 401 .15.C.8.a.5) as follows: 8. Building Type and Construction. a. General Provisions. 5) Accessory Buildings. All accessory buildings to residential dwelling units and non-residential uses shall be constructed with a design and materials consistent with the general character of the principal structure on the lot as specified in Page 61 of 72 Section 401 .15.D of this Ordinance except as allowed for temporary accessory structures specified in Section 401 A 5.D.11. SECTION 5. The Planning Commission of the City of Oak Park Heights held a public hearing at their September 14, 2017 meeting, took comments from the public, and recommended that the City Council approve amendments to the accessory building regulations as it relates to height, size and allowances for temporary structures in Section 401.02.13 Definitions; 401.15.D Accessory Buildings, Uses and Equipment; and Section 401 .15.C.8 Building Type and Construction. SECTION 6. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 10th day of October 2017 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 62 of 72 a I Oak Park Heights Request for Council Action Meeting Date: Tuesday October 10, 2017 Agenda Item : Sanitary Sewer I & I Repair Time Req. 2 Minutes Agenda Placement:New Business Originating Department/R.equestor: ublic Works Andy Kegley, Public Works Director Requester's Signature --r� Action Requested: Authorize salry sewer repair to correct I & I Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 63 of 72 City of Oak Park Heights 14168 Oa[-Park Blvd N.•Box 2007•Oak Bark Heights,MN 55082+Phone(651)439-4439•Fax 439-4574 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director ✓ Date: 10/05/17 Re: Sanitary Sewer I & I Repair Sewer televising reports indicate inflow and or infiltration into a sewer segment located on the Sunnyside Marina property. Televising shows presumably ground water entering the San sewer through cracks in the roughly 90 Lf of clay pipe and under two abandoned and capped service wye's. The proper course of action is to eliminate the I & I. Two options were considered, Lining the pipe and/or replacing the pipe segment. Pipe lining was not economically practical as the cost. to line such a short segment of pipe would far exceed the cost to replace it. Therefore sought quotes to replace the roughly 90 LF of cracked pipe segment and including all other elements for a complete repair. Removing a 90 LF segment of 6" water pipe installed in 1972 and replacing it is also included in the quote. The City's record plans indicate that the water main and the sewer main are in the same narrow trench which is chiseled into bedrock. Realistically, the water pipe will likely be damaged when excavating the San sewer so the contractor will remove the old segment and reinstall new pipe after the new PVC sewer main is installed. Miller Excavating and A-1 Excavating responded to the request for quotes, both quotes are attached to this memo. Miller Excavating: $34, 755 A-1 Excavating: $34,210 Page 64 of 72 As an aside, if the Council desires to move forward with the project to correct the I & I, The Metropolitan Council offered an I & I correction grant for projects like these. A grant application was submitted with a project estimate of$25,000, but actual grant awards are not tied to the project estimate. Actual expenses will be submitted to the Met Council for review and possible partial funding, but the City could possibly receive approximately $6,000 toward the project cost. The City has a positive working relationship with both Miller Excavating and A-1 Excavating. A-1 Excavating provided the lower quote and will commit to completing the work fall of 2017. i recommend the project be awarded to A-1 Excavating to be completed in 2017. The project will be funded using the sanitary sewer renewal and replacement fund, which has an ample balance to cover the estimated $34,210 project cost. Page 65 of 72 A-1 EXCAVATING, INC. PO BOX 90 - BLOOMER, WI 54724 (Phone)715-568-4141 (Fax)715-568-4144 QUOTE COMPANY: CITY OF OAK PARK HEIGHTS ATTENTION. ANDY KEGLEY PRONE: FAX: QUOTE FOR: SANITARY REPAIR DATE: 29-Sep-17 Unit Bid # description Quantity Units Price Total 1 MOBILIZATION 1.0 LS $3,500.00 $3,500.00 2 TRAFFIC CONTROL 1.0 LS $500.00 $500.00 3 REMOVE ASPHALT 300.0 Sy $3.00 $900.00 4 SAWCUT ASPHALT 350.0 LF $3.00 $1,050.00 5 CONNECT TO EXISTING SANITARY 1.0 EA $800.00 $800.00 6 SANITARY MH WITH CASTING 2.0 EA $3,000.00 $6,000.00 7 8 INCH SDR 35 80.0 LF $53.00 $4,240.00 9CONNECT TO EXISTING SANITARY LATERAL INTO MH 2.0 EA $370.00 $740.00 10 4 INCH SDR 35 10.0 LF $57.00 $570.00 11 COMMON EXCAVATION 100.0 CY $12.00 $1,200.00 12 BASE COURSE 80.0 CY $2.9.00 $2,320.00 13 ASPHALT PAVING 40.0 TN $90.00 $3,600.00 14 ASPHALT CURB 50.0 LF $20.00 $1,000.00 15 CONNECT TO EXISTING WATERMAIN 2.0 EA $900.00 $1,800.00 16 6 INCH DI WATERMAIN 90.0 LF $61.00 $5,490.00 17 6 X 6 DI TEE 1.0 EA $500.00 $500.00 QUOTE TOTAL: $ 34,21 .00 Page 66 of 72 Andrew Ke le From: Steve St.Claire <pmillerexc@aol.com> Sent: Wednesday, September 27, 2017 5:30 PM To: Andrew Kegley Subject: Sunnyside Sewer Andy, Sunnyside Sewer Reconstruction Traffic Control Sawcut Bituminous Pavement Remove Bituminous Pavement Remove Sanitary Sewer Manhole Connect to Existing Sanitary Sewer Main Connect to Existing Sewer Service 48" Sanitary Sewer Manhole w/Casting & Adjusting Rings 8" PVC,SDR 35 Pipe Bedding—Sand Backfill w/Materials Onsite &Compact 6" Aggregate Base 4" Bituminous Pavement Patching PROJECT TOTAL $24,865.00 No bypass pumping No dewatering No temporary water Watermain to be shutoff by City during work Please call with any questions. Thank you, Steve St. Claire President I Miller Excavating, Inc. 3741 Stagecoach Trail North I Stillwater, MN 55082 651.439.1637 Office 1 651.269.8176 Mobile 1651.351.7210 Fax steve.st.claire@millerexc.com I Email MILLER Page 67 of 72 Andrew Kegley From: Steve St. Claire <steve.st.claire@millerexc.com> Sent: Tuesday, October 03, 2017 9:28 AM To: Andrew Kegley Subject: Watermain Add Andy, SUNNYSIDE WATERMAIN REPLACEMENT Remove Existing Watermain 80 LF Connect to Existing Watermain 2 EA 6" DIP, CL 52 80 LF DIP Fittings TOTAL ADD $9,890.00 **Tied to sewer replacement project proposal. **Watermain bacteria testing by City prior to work starting and after. Chlori on by City as necessary. **No temporary water included. ob Steve St. Claire President f Miller Excavating, Inc. 3741 Stagecoach Trail North I Stillwater, MN 55082 / 651.439.1637 Office 1651.269.8176 Mobile 1651.351.7210 Fax steve.st.ciaire@miilerexc.com I Email MILLER SWO"lost The content of this email is the confidential property of Miller Excavating, Inc. and should not be copied, modified, retransmitted, or used for any purpose except with Miller Excavating, Inc`s written authorization. If you are not the intended recipient,please delete all copies and notify us immediately. 1 Page 68 of 72 Oak Park Heights Request for Council Action Meeting Date October S, 20I7 Agenda Item Set Date. Time, and Location for 2018 Parti in the Park Time Req. 0 Agenda Placement New Business Originating Department/Requester inistration/Jennifer Pinski Requester's Signature Action Requested Set Date, Time and Location for 2018 Party in the Park Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). In past years, the City has held Party in the Park on National Night Out, on the first Saturday after Labor Day, and on a Thursday in June. We have also had the event at both Brekke Park and Autumn Hills Park. I request the City Council discuss the possible dates, times, and locations for the 2018 event. National Night Out is Tuesday, August 7; the first Saturday after Labor Day is September 8; the first Thursday in June after school is out is Thursday, June 7. Page 69 of 72 THIS PAGE INTENTIONALLY LEFT BLANK Page 70 of 72 Oak Park .Heights Request for Council Action Meeting Date October 5, 2017 Agenda Item Set 2018 City Council Meeting Dates Time Req. 0 Agenda Placement New Business Originating Department/Requestor inistration/Jennifer Pinski Requester's Signature Action Requested Set dates for 2018 meetings Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). City staff is in the process of preparing for the 2018 City Calendar. Please review the regular meeting dates, make any necessary changes, and approve the calendar. There is a conflict on the first meeting date in August. That is Primary Election Day, and per statute, no public meetings can be held on that date. There is also a conflict with the second meeting in December, which falls on Christmas Day, and City Hall is closed. January 9 July 10 January 23 July 24 February 13 August 14 February 27 1,111U5t 28 March 13 Sel)tcmber 11 March 27 September 25 April 10 October 9 April 24 October 23 May 8 November 13 May 22 November 27 June 12 December 11 June 26 December 25 Page 71 of 72 THIS PAGE INTENTIONALLY LEFT BLANK Page 72 of 72