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09/10/2013
LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, SEPTEMBER 10, 2013 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL THE MEETING TO ORDER 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the August 27, 2013 City Council Meeting c. Claims Totaling $101,807.55 4. CONSENT 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. DISCUSSION / ACTION ITEMS a. Lot Consolidation Request for 1818 and 1824 Walnut Street — Resolution 091013A b. Lot Consolidation Request for 1850 and 1858 Walnut Street — Resolution 091013B c. Fence Quotes for Skyview Park d. 2014 Budget and Levy — Resolution 091013C e. St. Paul Regional Water Appointment f. Sanitary Sewer Lining Project 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Larpenteur Avenue Pedestrian Improvement Project b. Animal Control Ordinance c. City Logo d. Sheriff Matt Bostrom — October 22 12. WORK SESSION a. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. Revisions to City Redevelopment Policies c. Zoning Ordinance Update 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 3 August 27, 2013 Mayor Dains called the City Council meeting to order at 7:34 p.m. Councilors present: Mary Gaasch, Roxanne Grove, Denise Hawkinson, Lara Mac Lean and Mayor Jeff Dains. Staff present: Heather Butkowski, City Administrator, Jim Bownik, Assistant to the City Administrator; and Kevin Kelly, Deputy City Clerk. Mayor Dains asked for changes to the meeting agenda. No changes were made to the agenda. Councilor Hawkinson moved to approve the agenda. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Grove moved to approve the August 13, 2013 City Council meeting minutes. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Hawkinson moved approval of the claims totaling $37,436.48. Councilor Gaasch seconded the motion and it passed unanimously. Councilor Gaasch moved to approve the consent agenda approving the July Financial Report and the deputy clerk step increase. Councilor Mac Lean seconded the motion and it passed unanimously. Mayor Dains mentioned the successful Day in the Park event which was held on August 16. The family of Mary Croteau dedicated a bench in her memory. Mary was a longtime city volunteer and her family was present for the dedication. The bench will be used in the tennis court. Councilors also thanked Jim Bownik for all his work in coordinating the Day in the Park event and activities. Discussion Items: 2014 Budget and Levy Butkowski presented factors that affected the proposed budget. Those factors included an increase of $18,000 in Local Government Aid, a $1,000 decrease in Fiscal Disparities funding, and an increase of $15,000 in the police services contract. Another cost will be payment to Ramsey County for an upgrade of election equipment. The proposed budget balanced with a two -percent levy increase. The Council discussed ways to bring that down to a one -percent increase. Butkowski said the Council could pay for the election LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 3 August 27, 2013 equipment over time, thereby decreasing the levy. The Council suggested this was reasonable and directed staff to prepare a budget showing a one -percent levy increase. Sanitary Sewer Lining Butkowski reported the Highway 280 portion of the lining project was completed last week. The sewer lines between Fulham and Lake Streets and Eustis Street have been worked on this week which leaves three areas which cannot be lined in their current condition. The city engineer is considering options. To keep the process moving forward, staff asked for permission to authorize a survey of the easement area, if needed, and to secure temporary construction easements, if needed. Councilor Grove moved to authorize a survey and directed staff to enter into temporary construction easements as needed for the sanitary sewer lining project. Councilor Mac Lean seconded the motion and it passed unanimously. Agenda items for the September 10 Council Meeting may include a discussion of two different lot consolidation applications, appointment to the St. Paul Regional Water Board, the 2014 budget and levy, and the Larpenteur Avenue pedestrian project. Mayor Dains explained that the Council was moving into the work session. Work sessions are a continuation of the meeting but not aired on community television. Mayor Dains asked if anyone wished to address the Council; no one came forward. Work Session: Larpenteur Avenue Pedestrian Improvement Project Geoff Martin and Paul Bilotta from Stantec produced the latest design changes to the project. These changes incorporated information which was gained from the survey work completed on the north side of Larpenteur Avenue to establish the right-of-way area. Martin summarized his understanding of work the Council is considering and asked for any changes or suggestions. Otherwise, civil engineers would begin drafting the construction documents for the project. The Council had no changes and directed Martin to move ahead with the preparation of construction documents for the work between TH280 and Eustis Street and Pleasant Street to Fulham Street. Butkowski and the Council discussed how to handle snow clearance for the proposed sidewalk along the north side of Larpenteur. The City will have to contract out the work as there is not LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 August 27, 2013 enough City staff to clean the sidewalks in a timely manner as alley plowing will remain the priority. Staff will look into how this may be handled. Mayor Dains stated he would invite the residents along Larpenteur Avenue to a future Council Meeting to discuss the plans for the Larpenteur Avenue project. The meeting went into closed session at 9:15 p.m. to discuss potential agreement with the property owners of the property at 2430 Larpenteur Avenue. The Council returned from the closed session at 9:36 p.m. The Mayor said the Council had decided not to lease or purchase the property at 2430 Larpenteur Avenue. There being no further business on the council agenda, Councilor Hawkinson moved to adjourn the meeting. Councilor Mac Lean seconded the motion and it carried. The meeting adjourned at 9:38 p.m. Respectfully submitted, Kevin Kelly Deputy City Clerk CITY OF LAUDERDALE CLAIMS FOR APPROVAL September 10, 2013 City Council Meeting Payroll 08/30/13 Payroll: Direct Deposit # 501637-501646 08/30/13 Payroll: Payroll Liabilities, e -payments #806E -809E Vendor Claims 09/10/13 Claims: Check #'s 21881-21899 $8,858.06 $7,541.04 $85,408.45 SUBTOTAL $101,807.55 Total Claims for Approval $101,807.55 CITY OF LAUDERDALE 08/30/13 9:28 AM Page 1 *Claim Register© 083013pyroll AUGUST 2013 Claim Type Direct Claim# 3493 NORTH STAR BANK, CHECKING S Ck# 000809E 8/30/2013 Cash Payment G 101-21703 FICA WITHHOLDING. 08/30/2013 Payroll $2,042.22 Invoice Cash Payment G 101-21701 FEDERAL TAXES 08/30/2013 Payroll $1,185.30 Invoice Transaction Date 8/30/2013 Due 0 NORTH STAR CHE 10100 Total $3,227.52 Claim# 3494 PERA Ck# 000806E 8/30/2013 Cash Payment G 101-21704 PERA 08/30/2013 Payroll $1,616.31 Invoice Transaction Date 8/30/2013 Due 0 NORTH STAR CHE 10100 Total $1,616.31 Claim# 3495 ICMA RETIREMENT TRUST- 457 Ck# 000807E 8/30/2013 Cash Payment G 101-21705 ICMA RETIREMENT 08/30/2013 Payroll $968.16 Invoice Transaction Date 8/30/2013 Due 0 NORTH STAR CHE 10100 Total $968.16 Claim# 3496 MN DEPARTMENT OF REVENUE Ck# 000808E 8/30/2013 Cash Payment G 101-21702 STATE WITHHOLDING 08/30/2013 Payroll $1,729.05 Invoice Transaction Date 8/30/2013 Due 0 NORTH STAR CHE 10100 Total $1,729.05 Claim Type Direct Tota $7,541.04 Pre -Written Check $7,541.04 Checks to be Generated by the Compute $0.00 Total $7,541.04 CITY OF LAUDERDALE 09/06/13 1:24 PM Page 1 *Check Detail Register© SEPTEMBER 2013 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 021881 9/10/2013 AFSCME G 101-21709 UNION DUES $110.00 8/13 Union Dues Total AFSCME $110.00 Paid Chk# 021882 9/10/2013 BLUE CHIP TREE CO., INC. E 101-43000-317 TREE SERVICE $4,017.18 Tree trimming and removal in Park Total BLUE CHIP TREE CO., INC. $4,017.18 Paid Chk# 021883 9/10/2013 CITY OF FALCON HEIGHTS E 101-42100-321 FIRE CALLS $1,373.04 8/13 Fire Calls Total CITY OF FALCON HEIGHTS $1,373.04 Paid Chk# 021884 9/10/2013 CITY OF ST ANTHONY E 101-42100-319 POLICE CONTRACT $50,169.17 9/13 Police Contract Total CITY OF ST ANTHONY $50,169.17 Paid Chk# 021885 9/10/2013 GOPHER STATE ONE -CALL E 101-43400-386 GOPHER STATE ONE CALL $37.80 8/13 Locates Total GOPHER STATE ONE -CALL $37.80 Paid Chk# 021886 9/10/2013 HOME DEPOT CRC E 201-45600-377 DAY IN THE PARK $78.65 Poly Sheeting for DIP Total HOME DEPOT CRC $78.65 Paid Chk# 021887 9!10/2013 HUGHES AND JOSEPH E101-41500-300 LEGAL FEES -PROSECUTING $850.00 8/13 Legal Fees Total HUGHES AND JOSEPH $850.00 Paid Chk# 021888 9/10/2013 KENNEDY & GRAVEN E 101-41500-305 LEGAL FEES - CIVIL $96.00 7/13 Legal Services Total KENNEDY & GRAVEN $96.00 Paid Chk# 021889 9/10/2013 KONICA MINOLTA E 101-41200-401 COPIER CONTRACT $224.42 9/13 Copier Contract Total KONICA MINOLTA $224.42 9/10/2013 LILLIE SUBURBAN NEWS Paid Chk# 021890 E 405-48500-327 OTHER SERV- SEWER/NPDES 1 $180.50 Annual TIF Notice Total LILLIE SUBURBAN NEWS $180.50 9/10/2013 LMC Paid Chk# 021891 E 101-41100-438 DUES & SUBSCRIPTIONS $2,402.00 2013 Annual Membership Dues Total LMC $2,402.00 9/10/2013 LMCIT Paid Chk# 021892 E 101-41100-361 GENERAL LIABILITY $5,775.60 8/1/13-8/1/14 Liability/auto/property/bonds E 101-41200-361 GENERAL LIABILITY $5,053.65 8/1/13-8/1/14 Liability/auto/property/bonds E 602-49100-361 GENERAL LIABILITY $1,804.87 8/1/13-8/1/14 Liability/auto/property/bonds CITY OF LAUDERDALE 09/06/13 1:24 PM Page 2 *Check Detail Register© SEPTEMBER 2013 10100 NORTH STAR CHECKING $85,408.95 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $71,680.80 201 COMMUNITY EVENTS $78.65 405 TIF -PROJECTS $180.50 601 SEWER UTILITIES $11,664.13 602 STORM SEWER ENTERPRISE FUND $1,804.87 $85,408.95 Check Amt Invoice Comment E 601-49000-361 GENERAL LIABILITY $1,804.88 8/1/13-8/1/14 Liability/auto/property/bonds Total LMCIT $14,439.00 Paid Chk# 021893 9/10/2013 MET -COUNCIL ENVIRONMENTAL SER. E 601-49000-387 WATER TREATMENT SERVICE $9,859.25 10/13 waste water treatment otal MET -COUNCIL ENVIRONMENTAL SER. $9,859.25 Paid Chk# 021894 9/10/2013 MN MAYORS ASSOCIATION E 101-41100-438 DUES & SUBSCRIPTIONS $30.00 2013 Mayors Association Dues Total MN MAYORS ASSOCIATION $30.00 Paid Chk# 021895 9/10/2013 RAMSEY COUNTY, PROP REC & REV G 101-21706 HEALTH INSURANCE $453.31 9/13 Employee Insurance E 101-41200-355 MISC PRINTING/PROCESS SER $25.00 9/13 Employee Insurance Total RAMSEY COUNTY, PROP REC & REV $478.31 Paid Chk# 021896 9/10/2013 W. BROWN LAND SURVEYING, INC. E 101-45200-442 MISC $596.50 Lot Survey of Skyview Park Total W. BROWN LAND SURVEYING, INC. $596.50 Paid Chk# 021897 9/10/2013 WASTE MANAGEMENT E 101-43000-384 REFUSE DISPOSAL $202.43 9/13 PW Waste Refuse Total WASTE MANAGEMENT $202.43 Paid Chk# 021898 9/10/2013 XCEL ENERGY, CITY HALL E 101-43000-381 ELECTRIC $187.20 8/13 City Utilities E101-43000-383 GAS UTILITIES $31.10 8/13 City Utilities Total XCEL ENERGY, CITY HALL $218.30 Paid Chk# 021899 9/10/2013 XCEL ENERGY, STREET LIGHTING E 101-43000-380 STREET LIGHT UTILITY $46.40 8/13 Bridge Lights Total XCEL ENERGY, STREET LIGHTING $46.40 10100 NORTH STAR CHECKING $85,408.95 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $71,680.80 201 COMMUNITY EVENTS $78.65 405 TIF -PROJECTS $180.50 601 SEWER UTILITIES $11,664.13 602 STORM SEWER ENTERPRISE FUND $1,804.87 $85,408.95 ACTION REQUESTED LAUDERDALE COUNCIL Consent MEETING DATE September 10, 2013 Special Public Hearing ITEM NUMBER Lot Consolidation Request Report for 1818 & 1824 Walnut Discussion/Action _X_ Resolution X— STAFF INITIAL Jim Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Brian & Dana Malzer, 1824 Walnut Street, recently purchased the residence directly to the south, at 1818 Walnut Street. They are requesting to combine the two parcels under one Parcel ID. The parcels are each 40'x 127' (5,080 square feet). The new parcel would be 80'x 127' (10,060 square feet). Structures exist on both lots of record that have served as single-family dwellings. However, the Malzers are proposing to convert the structure on the southern lot (1818 Walnut), into an attached garage for their residence at 1824 Walnut. Thus, they are also requesting the combined lots be known as 1824 Walnut. The Council must adopt a resolution supporting the application to consolidate the two parcels. The resolution includes a condition that no more than one structure containing a dwelling unit shall be allowed on the consolidated parcels. Once adopted, the resolution, new legal description, and certificate of survey, must be recorded with the County. The County would then assign the combined parcels a new Parcel ID. OPTIONS: • Adopt the prepared resolution. • Do not adopt the prepared resolution. STAFF RECOMMENDATION: Adopt the prepared resolution. COUNCIL ACTION: RESOLUTION NO. 091013A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUPPORTING THE APPLICATION FOR THE CONSOLIDATION OF TWO CONTIGUOUS PARCELS OR LOTS OF RECORD LOCATED AT 1818 & 1824 WALNUT STREET. WHEREAS, an application has been made with the City of Lauderdale requesting the consolidation of two contiguous parcels or lots of record located at 1818 & 1824 Walnut Street in Lauderdale and; WHEREAS, the current legal description of 1818 Walnut Street (PARCEL ID: 172923320070) is Lot 20, Block 8, LAUDERDALE'S EAST SIDE ADDITION TO MINNEAPOLIS, Ramsey County, Minnesota and; WHEREAS, the current legal description of 1824 Walnut Street (PARCEL ID: 172923320069) is Lot 21, Block 8, LAUDERDALE'S EAST SIDE ADDITION TO MINNEAPOLIS, Ramsey County, Minnesota and; WHEREAS, the proposed legal description of the combined parcels is Lot 20 and 21, Block 8, LAUDERDALE'S EAST SIDE ADDITION TO MINNEAPOLIS, Ramsey County, Minnesota and; WHEREAS, the new address shall be 1824 Walnut Street and; WHEREAS, the consolidated parcels comply with the requirements of Title 10: Zoning, and Title 11: Subdivision, of the Lauderdale City Code and; WHEREAS, no more than one structure containing a dwelling unit shall be allowed on the consolidated parcels and; WHEREAS, a copy of the signed resolution will be provided to the applicant and; WHEREAS, the applicant has 60 days from the time they receive the signed resolution to file the resolution and legal description with the Ramsey County Recorder or the approval becomes null and void and; WHEREAS, after filing the resolution, legal description, and certificate of survey with the Ramsey County Recorder, the County will assign a Parcel ID to the new parcel; NOW THEREFORE, BE IT RESOLVED that the Lauderdale City Council supports the consolidation of two contiguous parcels or lots of record as described above. I CERTIFY THAT the City Council of Lauderdale adopted the above resolution on this 10ffi day of September, 2013. (ATTEST) (SEAL) Jeffrey E. Dains, Mayor Heather Butkowski, City Administrator E2 �? in U m _C N C O O C .t 7 n N O i6 O O O rn :a = 2 c0 cu = O!"' M N N N O U v in z iT ( Of a n. CL -1 © 0 A 0 ❑ z @. 9 O .@ G F N T d Q lA @ d C EA a`o z z E E o 0 W d O8 LL E @ -7 p c E c w N d CO @c u W E o � m O i0 Q H 3 d U0 d d U z O"@Z U Sa 0 N Q 'O T @ in c6 @ _ N N H CQ N m � � C N O � N @ c N N @ y E N O 1E v � N iV N U- N N CO (fl O) til r M O N c LL T >_ E cn Z� N .1 EL 'O d Q c W Z � C = O �U M T co 0, N •— E N p @ !r Z c a N clN N +3 o W Z z @. 9 O .@ G F N T d Q lA @ d C EA a`o z z E E o 0 W d O8 LL E @ -7 p c E c w N d CO @c u W E o � m O i0 Q H 3 d U0 d d U z O"@Z U Sa 0 N Q 'O T @ in c6 @ _ N N H CQ N m � � C N O � N @ c N N @ y E N O 1E v � N iV N U- N N CO (fl O) til r M O N c LL T >_ E cn Z� N .1 EL 'O d Q c W Z � C = O �U M T co 0, N •— E N p @ !r Z EME EM011 M., M, I Fee Escrow Type of Request $100 $ 0 .(Lot Consolidation/Division $150 $ 0 Variance $200 $ 0 Conditional Use $500 $1,000 Zoning Amendment $500 $1,000 Subdivision $500 $1,000 PUD Applicant Information Name: Address: S\ MAIN 651-792-7650 Date: Description of Request �5 'fives cA� v,ti. pc,-� 2 e7 c��-- Owner Information (if different) Name: Address: C, S, Z: t a , YO M s 713 C, S, Z: Phone: Co I `( 61 T z_ Phone: Email:Email: Signature: Signature: By signing above, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city's consultants' costs associated with reviewing the associated request. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city's consultants' costs as determined by the city administrator. If the city's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs in reviewing the request regardless of the city's action on the applicants request. If the applicant's escrow fees exceed the city's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Review Timeline: All applications, other than concept plans, must be complete before being formally reviewed. Minnesota Statute provides 15 days to determine the application's completeness. Completeness depends on whether or npfthe checklist items are fulfilled. Checklist: Please review the checklist for the type of application you are applying for. r a U S a CD N CI m 0 N M W CER TI -FICA SUR V.EY -FOR Brian Malzer DESCRIPTION: FROM TAX RECORDS PR0PERTY4DDRES'S Lot 20 and 21, Block 8, LAUDERDALE'S 1818 And 1824 Walnut St. EAST SIDE ADDITION TO MINNEAPOLIS Roseville, MN Ramsey County, Minnesota. Subject to easements of record, if any. NOTES.' Bearings are an assumed datum. L AT 0 30 lipf SCALE IN FEET LEGEND.- Denotes Iron O Denotes 1/2 and marked monument found inch Iron Pipe set with RLS #47223 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Theresa K. F ste DATE LIC. NO. MN 47223 1440 Arcade St Sub 250 SaildW, MN 55106 PBom:651766-0112 Fax 651776-0206 tf,6- 46 E.(W: khompasso can ACTION REQUESTED Consent LAUDERDALE COUNCIL MEETING DATE September 10, 2013 Special Public Hearing ITEM NUMBER Lot Consolidation Request Report for 1850 & 1858 Walnut Discussion/Action — Resolution �— STAFF INITIAL Jim Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Gene Christianson, 1809 Malvern Street, owns a multi -family building at 1850 Walnut Street and a vacant lot to the north known as 1858 Walnut Street. He is requesting to combine the two parcels under one Parcel ID. The parcels are 60'x 127' (7,620 square feet) & 39'x 127' (4,953 square feet). The new parcel would be 99'x 127' (12,573 square feet). The combined lots would be known as 1850 Walnut. The Council must adopt a resolution supporting the application to consolidate the two parcels. Once adopted, the resolution and new legal description must be recorded with the County. The County would then assign the combined parcels a new Parcel ID. OPTIONS: • Adopt the prepared resolution. • Do not adopt the prepared resolution. STAFF RECOMMENDATION: Adopt the prepared resolution. COUNCIL ACTION: RESOLUTION NO. 091013B CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUPPORTING THE APPLICATION FOR THE CONSOLIDATION OF TWO CONTIGUOUS PARCELS OR LOTS OF RECORD LOCATED AT 1850 & 1858 WALNUT STREET. WHEREAS, an application has been made with the City of Lauderdale requesting the consolidation of two contiguous parcels or lots of record located at 1850 & 1858 Walnut Street in Lauderdale and; WHEREAS, the current legal description of 1850 Walnut Street (PARCEL ID: 172923320064) is North %2 of Lot 28 and all of Lot 29, Block 8, LAUDERDALE'S EAST SIDE ADDITION TO MINNEAPOLIS, Ramsey County, Minnesota and; WHEREAS, the current legal description of 1858 Walnut Street (PARCEL ID: 172923320063) is Lot 30, Block 8, LAUDERDALE'S EAST SIDE ADDITION TO MINNEAPOLIS, Ramsey County, Minnesota and; WHEREAS, the proposed legal description of the combined parcels is North 1/2 of Lot 28 and all of Lot 29 and 30, Block 8, LAUDERDALE'S EAST SIDE ADDITION TO MINNEAPOLIS, Ramsey County, Minnesota and; WHEREAS, the new address shall be 1850 Walnut Street and; WHEREAS, the combined parcels comply with the requirements of Title 10: Zoning, and Title 11: Subdivision, of the Lauderdale City Code and; WHEREAS, a copy of the signed resolution will be provided to the applicant and; WHEREAS, the applicant has 60 days from the time they receive the signed resolution to file the resolution and legal description with the Ramsey County Recorder or the approval becomes null and void and; WHEREAS, after filing the resolution and legal description with the Ramsey County Recorder, the County will assign a PARCEL ID to the new parcel; NOW THEREFORE, BE IT RESOLVED that the Lauderdale City Council supports the consolidation of two contiguous parcels or lots of record as described above. I CERTIFY THAT the City Council of Lauderdale adopted the above resolution on this 10th day of September, 2013. (ATTEST) Jeffrey E. Dains, Mayor (SEAL) Heather Butkowski, City Administrator ) 0 - m 2 $ 7 c 2 a G g m .§ m� m _ °0 m ° §) ) j } /\}} ■ � e + } ■ 8 m ❑ ) 0 • Fee Escron! Tvoe of Request Surnmary of Request Name:i Address: 13o C, S, Z:L&dgLd—d-L�YVA <5a () "5 Email: Email: Signature: By signing above, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city's consultants' costs associated with reviewing the associated request. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city's consultants' costs as determined by the city administrator. If the city's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs in reviewing the request regardless of the city's action on the applicant's request. If the applicant's escrow fees exceed the city's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Review Timeline: All applications, other than concept plans, must be complete before being formally reviewed. Minnesota Statute provides 15 days to determine the application's completeness. Completeness depends on whether or not the checklist items are fulfilled. Checklist: Please review the checklist for the type of application you are applying for. For Office Use Only P #- Amount • - - ,.� Public Hearing 1. •n: (approved/denied) M_- •. Date- $100 $ 0Lot Consolidation/Division $150 $200 $ 0 $ 0 Variance Conditional Use $500 $1,000 Zoning Amendment $500 $1,000 Subdivision / 1-41, V, Name:i Address: 13o C, S, Z:L&dgLd—d-L�YVA <5a () "5 Email: Email: Signature: By signing above, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city's consultants' costs associated with reviewing the associated request. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city's consultants' costs as determined by the city administrator. If the city's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs in reviewing the request regardless of the city's action on the applicant's request. If the applicant's escrow fees exceed the city's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Review Timeline: All applications, other than concept plans, must be complete before being formally reviewed. Minnesota Statute provides 15 days to determine the application's completeness. Completeness depends on whether or not the checklist items are fulfilled. Checklist: Please review the checklist for the type of application you are applying for. For Office Use Only P #- Amount • - - ,.� Public Hearing 1. •n: (approved/denied) M_- •. Date- To: City of Lauderdale Attention: Jim Bownik Re: Lot consolidation of 2 parcels of land '. - T • i1. Forth 1/2 of Lot 28 and all of Lot 29 of Block 8 of Lauderdale's East Side Addition ci 14%. ;?,r. Parcel ID 17-29-23-32-0063 Lot 30 of Block 8 of Lauderdale's East Side Addition. Jim, Thank you for your assistance with this application. We are requesting the consolidation of two parcels into one parcel. 0 X� 006-3 The parcel on Walnut St. (17-29-23-32--0964) is vacant and adjoins the parcel on Walnut St. (17-29-23-32-0064). UK Gle7(1 The intention is to consolidate the two lots into one parcel to be able to build a proper garage and storage for the building on. the adjoining parcel. The proposed legal description would be Parcel ID ' 2- H 0„ _4 i � �/ day' m� y Cv I/IV North 1/2 of Lot 28 and all of Lot 29 & 30 of Block 8 of Lauderdale's East Side Addition _ � ,,4 ,;,7 n e er,_) a /i'.S Thank you for your time and consideration. Gene Christianson • ` IMM 1858 Walnut St. Lauderdale, MN 55113, Ramsey County Rpffll��� N/A N/A 4,792 $12,000 Beds Bldg Sq Ft Lot Sq Ft CREV Sale Price N/A N/A RESLOT r 06/01/1994 Baths Yr Built Type CREV Sale Date Owner Name: Christianson Gene E Taxpayer ZIP+4: 5239 Taxpayer Address: 1809 Malvern St Taxpayer Carrier Route: C014 Taxpayer City and State: Lauderdale, MN Owner Occupied: No Taxpayer Zip: 55113 Location Information Municipality: Lauderdale School District Name: Roseville Zip Code: 55113 School District: 623 Carrier Route: C004 Section #: 17 Census Tract: 420.02 Township #: 29 Subdivision: Lauderdales East Sideadditii Range #: 23 Lot: 30 Quarter: 3 Block: 6 Quarter -Quarter: 2 Tax Information YOY Tax Change ($) YOY Tax Change (%) 2011 PID#: 172923320063 Special Assessment: $422 PID: 17-29-23-32-0063 6.61% 2013 Legal Description: LOT 30 BLK 8 2.16% Characteristics Assessment & Tax Lot Acres: Assessment Year 2012 2011 2010 Estimated Mkt. Value - Total $55,900 $55,900 $55,900 Estimated Mkt. Value - Land ... -- .............. $55,900 $55,900 ........ .-- ......... $55,900 Taxable Mkt. Value - Total $55,900 .. .......... $55,900 ......... I ... ... ... $55,900 Taxable Mkt. Value - Land 'Value $55,900 . .... $55,900 ......... .... . .. $55,900 YOY ta�x'a'-'6ie Mkt. 69' (0'-$o ....... . . ..... 'YOY Taxable '-A k -Value 6h g (0/0) 0% 0% Payable Tax Year Total Tax YOY Tax Change ($) YOY Tax Change (%) 2011 $1,302 2012 $1,388 $86 6.61% 2013 $1,418 $30 2.16% Characteristics Lot Acres: 0.11 Lot Shape: F Lot Sq Ft: 4,792 Land Use - County: Residential Vacant Land Lot Lot Frontage: 39 Land Use - Corel-ogic: Residential Lot Lot Depth: 127 Last Market Safe &r Sales History Recording Date: 06/0111994 Deed Type: Warranty Deed Sale Date: 06/01/1994 Owner Name: Christianson Gene E Sale Price: $12,000 Seller: Fevig Arvid 0 Courtesy of Cristina Young, NorfhstarMLS 1h .t`t it I bv From E�!D- xj-1, -'u c .-a u'rl"Jrw C! t2� Property Detail Paae 1 of 2 bbd Recording Date 'Date' 06/01/1994 —06/01,/19,94— —01/24/1*992 06/15/1990 12/16/1983 .. .. .... . Sale/Settlement' Warranty Deed $12,000 210684 796243 06'/08'/'19'9'0' ..... Sale Price $12,000 $6 500 $6,000 uyer flame Christianson Gene E Christianson Gene E Peterson Lee I Buyer flame 2 - I . ....... . ... ... Palmer Adam 3 . Seller Nam , e Fevig Arvid. - 0 06/08/1990 R o . s e t . h — Lilley I I I Document ocument .1 Type . ... -1-1 - I ........ . . - Warranty "Deed . . ..... — ..... . ...... ... Deed (Reg)' I g) I Contract 11 0 1 If ISale Deed (Reg) CREV Sale Date Buyer Name Signer Date Filing Date Deed Type CREV Sale Price CREV CREV ID 06/01/1994 Christianson Gene E 06/01/1994 06/01/1994 Warranty Deed $12,000 210684 796243 12/14/1991 Fevig Arvid 0/ Fevig Dolores E ........... ...... 01/16/1992 01/16/1992 ...... 1-111 ........ ....... — Warranty Deed $6,500 ... .. ..... ... ... .... ... -... 181857 818438 . 06/08/1990 Peterson Lee 31 06/15/1990 06/15/1990 Contract For $6,000 ....... 164338 807053 Palmer Adam I v� CW V Deed . ....... . ... CREV Sale Date 06/01/1994 12/14/1991 06/08/1990 ...— — .... ................. . ..... CREV Sale Price . ..... I .. ........... ............... $12,000 ... ......... ....... $6,500 ...... .... I . .... I.—I.-I.I.— .............. ....... . $6,000 -11 ..... 1. Buyer Name Christianson Gene E - ... Fevig Arvid O/Fevig Dolores E *8- '1" 'M' ... Peterson Lee 7/Palmer Adam I Buyer ... Address dr -e- s*s' ...* "M alv-e'm 1809 -5-5-1-13-- 1, 0** aliv-em, .-Lauderdale,-. . ... ... . .... . Buyer City/State/ZIP- -Lauderdale,- MN, MN-,- 551 ... 13... -- ---- ,Oc Dimensions are Estimated &eller Name Fevig Arvid 0 Peterson Lee 3 Roseth Lilley Seller Address 1810 Malvern 'Spring;' Central Care Nursing Hm Seller City/State/ZIP Lauderdale, MN, 55113 Cab Minneapolis, MN, own Payment Down > -RO $6,500 $1500 Loan Amount --J $2,950 loan B a i I oc; n Date 12/31/1990 'Loan- Interest, *'Rate' 10% Loan MonthIy Payment $200 Courtesy of CriSth-12 YGMIg, Northstai-MLS fiE� b, ftie ,< -7ple.n� C-!- r;,--; -po:- � f"i 0) rA Property Detail Page 2 of 2 7 LU 26 I -R 6selawn A.ve W v� CW V U Va 3 43' 41' 126''-' M SO 1111.1--,9 St -- ---- ,Oc Dimensions are Estimated Courtesy of CriSth-12 YGMIg, Northstai-MLS fiE� b, ftie ,< -7ple.n� C-!- r;,--; -po:- � f"i 0) rA Property Detail Page 2 of 2 7 LU 26 I -R 6selawn A.ve W Va 3 A27. M SO 1111.1--,9 St 1 t2s()) 'Spring;' 4j Cab L -n 4-1 > -RO 200 yards . ra --J Courtesy of CriSth-12 YGMIg, Northstai-MLS fiE� b, ftie ,< -7ple.n� C-!- r;,--; -po:- � f"i 0) rA Property Detail Page 2 of 2 1 Walnut St, Lauderdale,County Owner Information Owner Name: Taxpayer Address: Taxpayer City and State Taxpayer Zip: Municipality: Zip Code: Carrier Route: Census Tract: Subdivision: Lot: Block: School District Name N/A 3,146 7,405 $130,000 Beds N/A Christianson Gene E 1809 Malvern St Lauderdale, MN 55113 Bldg sq Ft Lot Sq Ft CREV sale Price 1957 APT 06/01/1994 Yr Built Type CREV sale Date Taxpayer ZIP+4: 5239 Taxpayer Carrier Route: C014 Owner Occupied: No Lauderdale School District: 623 55113 Section #: 17 C004 Township #: 29 420.02 Range #: 23 Lauderdales East Sideadditii Quarter: 3 28 Quarter -Quarter: 2 8 Location: Neighborhood / Spot Roseville .... ....... .... ,............ $90,000 I.....I......... ......__,,....... .........._ ........ $90,000 PID#: 172923320064 % Improved: 67% PID: 17-29-23-32-0064 Special Assessment: $1,077 Legal Description: N 1/2 OF LOT 28 AND ALL OF LOT 29 BLK 8 Assessment & Tax Assessment Year 2012 2011 2010 Estimated Mkt. Value - Total $270,000 $273,600 $288,000 Estimated Mkt. Value - Land $90,000 .................. ... $90,000 $90,000 Estimated Mkt. Value - Building $180,000 $183,600 ......... __..,$198,000........ .......... .... .......... ......................................-1-..............................,..........._...... taxable Mkt. Value - Total $270,000 _................................._......._..... $273,600 .................. _._........... . $288,000 _......... ............... ............................_.........._....._.._.......... Taxable Mkt. Value - Land $90,000 .... ....... .... ,............ $90,000 I.....I......... ......__,,....... .........._ ........ $90,000 Taxable Mkt. Value - Building $180,000 $183,600 $198,000 YOY kt. Taxable MValue 16h hg ($} $3,600 $14,400 YOY Taxable Mkt. Value Chg (%) -1.32% Payable Tax Year Total Tax YOY Tax Change ($) YOY Tax Change (%) 2011 $5,490 2012 $5,744 $254 4.63% _..... ........... ....... ... __.... 2013 ... .... _ $5,882 .. ..... ..... .... ...... ....... .. ......_....._.. $138 ... ._ ._...... ............._ .. ........ ...... 2.4% Lot Acres: Lot Sq Ft: Lot Shape: Land Use - County: Land Use - CoreLogic: # of Buildings: Total Units: 0.17 7,405 D Apartments 1-9 Rental Units Apartment 1 6 Year Built: Finished Sq Ft: Total Building Sq Ft Basement Sq Ft: Basement Type: Location Type: 1957 3,146 3,146 754 Basement Neighborhood / Spot Courtesy of Cristina Young, Korthstar LS T ° t 'tI (his 1 r - C , i _ I�_ _r -. r .nom a,. c _,�', d �.. _i� �_ c _ c .. .. J- p�_n t. -. ic9Property Detail Page 1 of 3 rsd Features B1 61 BI 01 �311111, Recording Date: 08/1412002 Sale Date: 05/31/2002 Sale Price: $130,000 Price Per Square Feet: $41.32 Deed Type: Warranty Deed Owner Name: Christianson Gene E Seller: Fevig Arvid 0 & Dolores E Recording Date 08/14/2002 08/31/1972 Sale/Settlement Date 05/31/2002„-,,* ,--, ... .... -,,-,,** --, 06/09/1994 Sale ,... price ... $130,000 $130,000, Suver Name 1- Christianson Gene *E Fevig Arvid b &*Fev-!,g ...Dolores E, 'Dolores uy , e , r Name 2 buyer Warranty Deed $130,000 Fevig E ejj e , r NameFevig'Arvid, Seller 0 &-Dol*o,res E Document ''' Type . Warranty ... Deed ...... .. .. � Deed ... ( - Reg) -1-1-1-1- Deed - (Reg) CREV Sale Date Buyer Name Signer Date Filing Date Deed Type CREV Sale Price CREV # CREV ID 06/01/1994 Christianson 06/01/1994 06/09/1994 Contract For $130,000 210685 887472 Gene E Mortgage- Type Deed 06/01/1994 Christianson 06/01/1994 06/01/1994 Warranty Deed $130,000 301636 836040 Gene E 06/01/1994 Christianson 06/01/1994 06/09/1994 Contract For $130,000 210685 36730 Gene E Deed CREV Sale Date 06/01/1994 06/01/1994 06/01/1994 CREV Sale price' $13'0-,0-'0' 0, - $130,000 $130,000 Buyer , , Aa ... me ... .. .... Christianson ,- ,„- , 'Gene' 'E” - - - Christianson Christi'a'n*so-nGene'-E- ' , Christianson ,* ', e G n' e -E ,-- , Address -,,, 1869Malvern ,*...--- 1856 Walnut .... ......6uyer 1809 Malvern .. ....I -I .........I....... City/State/ZIP .'I.... ........ ...L.....I............ .. Lauderdale, MN, 55113 . ...........-I...... ...I. -I...... ...... Lauderdale, MN, 55113 ..I.-.1--..... ......6uyer Lauderdale, MN, 55113 �Name Seller Fevig Arvid O/Fevig Dolores E * Fevig Arvid vid 0 *1-0, Fevig Arvid 0/ Fe v 1 g Dolores E Seller 'Address 1810 Malvern 8' Malvern S t 1810 Malvern Seiier-City/State/ZIP Lauderdale,-, ''-' MN,55113' *, ... .. . Lauderdale, MINI, 55113 Lauderdale, MN, 55,113 - ow n Payment $3 0 00 0 $ 30 00 0 $ 3 0 000 .l-..... * - , , , Acquisition Type I .. ... ", ......... . .. . ........ ..... Condemned Or Foreclosed Upon ...... . .. ... ... 'Loan Amount, $100,000 $,1,0-0,"0,0,0 Loan Balloon Date 07/01/2004 07/01/2004 nterest Rate Loan Interest 7 5% 7.5% Loan Monthly Payment $806 $806 Mortgage History Mortgage Date 08/14/2002 Mortgage Amount $85,000 - Mortgage Lender U- S- Bk- National Assn' **Gene 'E' Borrower Name- Christianson Mortgage- Type Con-venti,onal", Courtesy of Crisfina Young, NlorthstarMLS Property Detail Page 2 of 3 Z9d Property, Map Courtesy of Cristin2 Young, NorthstarTALS -it hm rh,src1,o. :mr:I�d 0-- �cn c�' --d, me c.c-1,, --y c-_tt, nl_ q I.. he _Lost oich r"u Property Detail Page 3 of 3 % t7m CM ff ' 2 �oselawn,��re W 75 41 yi 127, 126' S St urr" K 60' 60' :3 LU —126' Springi Eli41 25 yards I k r3 200 ards Ccrx!.-t*r C 274113 t t it iF 2n !3 Mi-rasiva '>k I vr ZjD Noe.4 Lot Dimensions are Estimated Courtesy of Cristin2 Young, NorthstarTALS -it hm rh,src1,o. :mr:I�d 0-- �cn c�' --d, me c.c-1,, --y c-_tt, nl_ q I.. he _Lost oich r"u Property Detail Page 3 of 3 ACTION REQUESTED Consent LAUDERDALE COUNCIL MEETING DATE September 4, 2013 Special Public Hearing ITEM NUMBER Skyview Park Fence Report Discussion/Action X STAFF INITIAL Jim Resolution Work session APPROVED BY ADMINISTRATOR BACKGROUND: The Council previously discussed the fence project at the June 11, 2013 meeting (the minutes from the meeting are attached). It was decided to delay a decision until survey work was completed to delineate the property line. I have contacted the adjacent property owner, Earl Peterson (1738 Walnut), to let him know about the proposed project and this meeting. A clothes line pole is approximately 10 feet on Park property. If the fence is placed on the property line, as previously discussed, staff plans to dig up the clothes line pole and lay it on the ground in Mr. Peterson's yard. I received quotes from 3 companies, based on a Request for Quotes (RFQ). Here are the lowest quotes for 3 options- chain link (non -privacy), wood cedar (privacy), and PVC (privacy): Chain Link: $2,198 Town & Country Fence Wood Cedar: $3,529 Midwest Fence (does not include painting or staining) PVC: $4,562 Midwest Fence The PCIC recommended a wood cedar privacy fence. OPTIONS: 1) Motion to install one of the 3 fence options at Skyview Park. 2) Motion to not install any fence at Skyview Park. 3) Do nothing. STAFF RECOMMENDATION: 1) Motion to install one of the 3 fence options at Skyview Park. COUNCIL ACTION: LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 4 June 11, 2013 enjoys living in the neighborhood and the setback variance would allow his family to have a larger backyard for his children to play in. No one else came forward and Mayor Dains closed the hearing at 7:47 p.m. The Council discussed the comments made by Newhouse during the public hearing and in his application. They felt the request was reasonable as it would make the neighborhood more family -friendly, which is a goal of the City Council. Councilor Hawkinson moved approval of the 3.5 foot front -yard variance request for Jeremy and Jessica Newhouse, owners of 1728 Malvern Street. Councilor Mac Lean seconded the motion and it passed unanimously. Skyview Park Fence Bownik presented quotes for different styles of fencing for the northern property line of Skyview Park. Bownik stated that the Park and Community Involvement Committee recommended a wood cedar privacy style fence. Earl Peterson, owner of 1738 Walnut Street, addressed the Council. He said he would like to see a privacy style fence constructed beyond his clothes line (on City property). Peterson stated there can be quite a bit of noise from the park and suggested the City plant trees or a community garden to help decrease sound from the park. Doug Voges of 1731 Malvern addressed the Council. He stated the Park is in the back of his property and enjoys the Park and the views of the downtown skyline. Councilors were concerned about the maintenance of the fence and how a community garden would work in this Park space. Mayor Dains tabled a decision on the fence until the property corners are identified and the exact location of the property line is known. 2014 Police Contract with the City of St. Anthony The Council had previously reviewed the draft agreement. No changes were recommended so final approval of the agreement was moved. Councilor Gaasch moved approval of the 2014 Police Contract with the City of St. Anthony. Councilor Mac Lean seconded the motion and it passed unanimously. p m t7 G E N �j 6.8 d Z EE0O E CL O LL Q EEcw c r > N c U w O N m 0-0 O o f0 z m U CLB LO Q 'y0 0 � N — � y R H d � N C 7 N N C L 01 W E N �O FLLN d CR 0) 0) M t` V' O c LL N N � E i Zf N 2 c 42 <1 c w Qw Z X c Q o _� U co co (n N E pp @ rn z w a m N N C U) N � N N •O M O O LLJ F- o o 7 = L o N 2 •— U � L ami U U U) = E a a (L 0 ❑ p m t7 G E N �j 6.8 d Z EE0O E CL O LL Q EEcw c r > N c U w O N m 0-0 O o f0 z m U CLB LO Q 'y0 0 � N — � y R H d � N C 7 N N C L 01 W E N �O FLLN d CR 0) 0) M t` V' O c LL N N � E i Zf N 2 c 42 <1 c w Qw Z X c Q o _� U co co (n N E pp @ rn z ESTIMATE / ORDER R j { 525 E. Villaume Ave. So. St. Paul, MN 55075 Phone: 651-451-2222 Fax: 651-451-6939 Gopher state (1) Call ID #464 Ticket # Nearest Intersecting Street Hudson Page # Hudson Grid # Township County Company: City of Lauderdale Bill To: Date: 5/8/2013 Address: 1891 Walnut Street Address: Job No: City: Lauderdale State: MN Zip: 55113 City: State: Zip: Estimator: David Reiss Contact: Jim Bownik P.O. Job Site Address: Skyview Park Work Phone 651-792-7656 1730 Walnut Street Fax #: Lauderdale, MN Other Phone Terms Down Payment Progress Payment Bal on Completion Quantity Description Amount 127 linear feet of 5' high black vinyl chain link fence. p Top rail 1-5/8" �-,en:S)'v,-L w,'/e Line posts 2" O.D. End posts 2-1/2" O.D. All posts driven 48" into the ground. Material and Labor $ 2,284.00 127 linear feet of 6' high western red cedar solid board fence. Face boards 1" X 6" Top and bottom rails 2" X 4". Posts 4" X4". All posts set in concrete foundations. Material and Labor $3,529.00 127 linear feet of 6' high white PVC privacy fence. All posts 5" X 5" and set in concrete foundations. Material and Labor $4,562.00 127 linear feet of 6' high TREX privacy fence. All posts 5" X 5" and set in concrete foundations. Material and Labor $7,835.00 A Service charge of 1.5% (18% annually) will be applied on all past due balances. The purchaser shall be responsible for any and all collection and legal costs incurred by Midwest Commercial Fence in the event of this bill becomming past due. Midwest Fence reserves the right to lien the improved property if payment in full as agreed to in this contract is not received. MATERIALS AND INSTALLATION $ 2,284.00 THIS tSTIMATEVAUD FOR 30 DAYS FROM ABOVE DATE TAX TOTAL $ 2,284.00 Owner responsible for establishing correct property and fence lines. Any permits required shall be the sole responsibility of the owner. Owner responsible for removal of obstructions of every nature which will interfere with the installation of the fence. This contract assumes normal ground conditions. Should rocky or excessive hard digging be encountered, owner agrees to pay additional costs of such work. Midwest Fence shall fumish only the materials and labor specified in this contract. Any changes made from the above specifications will be billed at Midwest Fence's current retail prices: TNI, CONTRACT SUBJECT TO ACCEPTANCE BY MIDWEST FENCE'S CREDIT MANAGER. I accept this contract on behalf of Midwest Fence & Mfg. Co. Customer Signature Date Credit Manager Date Salesperson Signature Date www.midwestrence.com Office (651)-464-7373 0 Ak L Mffdk LAWAN Sam M Toll Free (800)-328-9558 11MITURYF re Lt < Fax (651)-464-7377 COMPANY Cellular (612)-328-8806 ;INCE 1917 THE MARK OF PERMANENCE ijorgensen@centuryfence.com P.O. Box 277, Forest Lake, MN, 55025 5/8/2013 Phone: 651-792-7656 Fax: 651-631-2066 Proposal To: City of Lauderdale Attn: Jim Bownik 1891 Walnut St Lauderdale, MN 55113 Ship To: Skyview Park 1730 Walnut St Lauderdale MN o Installed F]Material Only o Prepaid Freight 1:1 Freight Collect F.O.B. Job Site Delivery Schedule: As Required Furnish and install: Option #1 - 130 I.f. of 5' high black vinyl coated chain link fence (2) 2-1/2" end posts All posts will be air driven Total $2,975.00 Option #2 - 130 I.f. of 6' high cedar wood privacy fence ... Total $4,867.00 Option #3 - 130 Lf. of 6' high PVC privacy fence white in color ... Total $5,675.00 ADD $400.00 for tan color Options 2 and 3 posts will be set in concrete footings Painting or staining of wood fence to be by others Locating of private utilities to be by others Excludes excavation through rock, frost, or backfill Proposal is valid for 30 days Acceptance: This proposal when accepted in writing by purchaser and by Century Fence Company's Main Office becomes a contract between two parties. The conditions on the attached "Terms and Conditions" sheet are made a part of this contract. Terms of Payment: Net Cash upon receipt of invoice. Buyer's signature Date Submitted by Ian Jorgensen LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date September 10, 2013 ITEM NUMBER 2014 Budget & Levy STAFF E\aTIAL 9411 APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Council asked me to bring back a budget showing a 1 -percent levy increase (local im- pact of 1.45%). I did this largely by assuming the City would pay for the new election equipment over a couple of years instead of paying for it all in 2014. Since the last meeting, staff researched how much the City will save due to the sales tax ex- emption. As the exemption doesn't apply to many things and there is still some disagree- ment between government entities and the Department of Revenue about the new law, it is hard to calculate. Based on our best understanding, Kevin calculated how much the City paid in sales tax in 2012 that we might not be paying in 2014. That totaled about $1,191. The Council must also decide which day to hold the Truth in Taxation hearing. This year the Council can choose from November 26 or December 10. If held on November 26, staff will have time to adjust the budget before the final meeting of the year. Generally, we hold it at the December meeting. OPTIONS: 1. Discuss any changes needed in the budget or levy. 2. Set the preliminary levy by resolution. What the Council sets as the preliminary levy can't be raised before year-end, but it can be lowered. The amount certified will in- clude the fiscal disparities aid. 3. Establish the truth in taxation public hearing date. STAFF RECOMMENDATION: Adopt Resolution 091013C - A Resolution Levying Taxes for 2013 Payable in 2014 in the amount of $ and Establishing 2013, at 7:30 p.m. as the date and time of the Truth in Taxation Hearing. RESOLUTION NO. 091013C CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION LEVYING TAXES FOR 2013 PAYABLE IN 2014 AND ESTABLISHING THE DATE OF THE TRUTH IN TAXATION HEARING BE IT HEREBY RESOLVED by the City of Lauderdale, Ramsey County, State of Minnesota as follows: The following tax levies are hereby made against all taxable property in the City of Lauderdale for the tax levy 2013, payable 2014: Total proposed levy for 2013 payable in 2014: $616,215 This includes estimated fiscal disparities amount of $120,934. BE IT FURTHER RESOLVED, that there will not be certified debt levies for the General Obligation Bonds Series 2003A. BE IT FURTHER RESOLVED, that in conformance with the Truth in Taxation Law, the public hearing to allow citizen input on the levy and budget will be held Tuesday, November 26, 2013, at 7:30 p.m. in the Council Chambers at Lauderdale City Hall. BE IT FURTHER RESOLVED that the City Administrator is authorized and directed at this time to certify this Resolution to the County Auditor of Ramsey County, Minnesota. CITY OF LAUDERDALE ) COUNTY OF RAMSEY ) ss STATE OF MINNESOTA ) I, Heather Butkowski, being duly qualified and City Administrator for the City of Lauderdale, Ramsey County, Minnesota, do hereby certify that the attached and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Lauderdale on September 10, 2013, as the same appears in the minutes of said meeting on file and of record in City Offices. Dated this 10th day of September, 2013. Jeff Dains, Mayor (ATTEST) Heather Butkowski, City Administrator (SEAL) City of LAUDERDALE BONDISSUES ------------------------ ------------------------ GO IMP BONDS 2003A I hereby certify that the above schedule of bond levies to be spread on the payable 2014 tax rolls agrees with the City records and is true and correct. Copies of any resolutions which increase or reduce these levies are attached. Signed: Date: ADDITIONS OR CERTIFIED ORIGINAL DATE PAYABLE 2014 REDUCTIONS BY DEBT PRINCIPAL ISSUED DEBT LEVY RESOLUTION LEVY 990,000 1 -Jun -03 $ 78,451.00-78,451.00 $ - ------------------------- $78,451.00 -------------- -------------- ------------------------- -$78,451.00 -------------- -------------- -------------------- $0.00 ----------- ----------- I hereby certify that the above schedule of bond levies to be spread on the payable 2014 tax rolls agrees with the City records and is true and correct. Copies of any resolutions which increase or reduce these levies are attached. Signed: Date: CITY OF LAUDERDALE 2014 Revenue Budget Worksheet 09/03/13 2:13 PM Page 1 2012 2013 2013 2014 Amt YTD Amt Budget Budget Account Descr UnderLine FUND 101 GENERAL $483,024.03 $246,818.24 $488,203.00 $495,281.00 R 101-31010 CURRENT AD VALOREM $7,360.59 $11,353.22 $0.00 $0.00 R 101-31020 DELINQUENT AD VALOREM $0.00 $0.00 $0.00 $0.00 R 101-31030 FORFEITED TAX SALES $100,748.07 $66,319.87 $121,912.00 $120,934.00 R 101-31040 FISCAL DISPARITIES $0.00 $0.00 $0.00 $0.00 R 101-32000 LICENSE AND PERMITS $150.00 $0.00 $150.00 $150.00 R 101-32110 3.2 ALCHOLIC LICENSE $400.00 $0.00 $400.00 $400.00 R 101-32120 CIGARETTE LICENSE $1,350.00 $1,408.00 $1,000.00 $1,300.00 R 101-32130 GARBAGE HAULERS LICENSE $970.00 $600.00 $600.00 $600.00 R 101-32140 HEATING/AC LICENSE $600.00 $400.00 $300.00 $400.00 R 101-32150 TREE COMPANIES LICENSE $0.00 $0.00 $0.00 $0.00 R 101-32160 GAS STATION LICENSE $0.00 $0.00 $0.00 $0.00 R 101-32170 DRIVEWAY CONTRACTOR S LICENSE $4,933.25 $2,189.00 $3,000.00 $4,000.00 R 101-32180 RENTAL HOUSING LICENSE $11,986.94 $11,112.41 $6,000.00 $9,000.00 R 101-32210 BUILDING PERMITS $1,000.00 $450.00 $500.00 $500.00 R 101-32211 ZONING PERMIT APPLICATION $2,736.32 $2,055.15 $1,000.00 $2,000.00 R 101-32225 PLAN REVIEW FEE $1,494.00 $944.00 $700.00 $800.00 R 101-32230 PLUMBING PERMITS $340.00 $240.00 $250.00 $250.00 R 101-32240 ANIMAL LICENSES $1,728.50 $1,236.00 $1,000.00 $1,100.00 R 101-32270 HEATING A/C PERMIT $0.00 $0.00 $0.00 $0.00 R 101-32280 STREET EXCAVATION PERMIT $516,153.00 $258,076.50 $516,153.00 $535,093.00 R 101-33401 LOCAL GOVERNMENT AID -$134.39 $0.00 $0.00 $0.00 R 101-33402 HOMESTEAD CREDIT $1,198.00 $599.00 $1,198.00 $1,198.00 R 101-33405 PERA RATE INCREASE $0.00 $0.00 $0.00 $0.00 R 101-33406 MARKET VAL HOM CRED/LINAC $0.00 $0.00 $0.00 $0.00 R 101-33623 MET COUNCIL - LIV COMM GRANT $0.00 $0.00 $0.00 $0.00 R 101-33624 LIVABLE COMMUNITIES $7,633.25 $5,462.00 $4,000.00 $5,000.00 R 101-34101 CITY HALL/PARK RENTAL $156.00 $25.00 $0.00 $0.00 R 101-34103 ADMINISTRATIVE FEE $0.00 $0.00 $0.00 $0.00 R 101-34105 SALE OF PUBLICATIONS $0.00 $0.00 $0.00 $0.00 R 101-34107 ASSESSMENT SEARCHES $98.38 $76.53 $50.00 $100.00 R 101-34109 COPIES $150.00 $150.00 $0.00 $0.00 R 101-34110 VARIANCE FEES $0.00 $0.00 $0.00 $0.00 R 101-34111 LEGAL FEES $0.00 $0.00 $0.00 $0.00 R 101-34112 CONDITIONAL USE PERMITS $0.00 $0.00 $0.00 $0.00 R 101-34113 ZONING AMENDMENT $0.00 $0.00 $0.00 $0.00 R 101-34114 ADVERTISING SALES $0.00 $0.00 $0.00 $0.00 R 101-34115 GENERAL GOVERNMENT MISC. $0.00 $0.00 $0.00 $0.00 R 101-34116 ENGINEERING FEES $0.00 $0.00 $0.00 $0.00 R 101-34201 FALSE SECURITY ALARM - POLICE $222.63 $0.00 $500.00 $500.00 R 101-34202 FALSE FIRE ALARM - FIRE DEPT. $425.00 $75.00 $1,000.00 $1,000.00 R 101-34203 FIRE INSPECTION FEE $0.00 $0.00 $0.00 $0.00 R 101-34205 FIRE CALL REIMBURSEMENT $50,182.40 $25,786.32 $37,000.00 $45,000.00 R 101-35101 COURT FINES $27,470.25 $197.52 $0.00 $0.00 R 101-36100 SPECIAL ASSESMENTS $92.00 -$92.00 $0.00 $0.00 R 101-36101 PRINCIPAL $1,844.55 $19.97 $0.00 $0.00 R 101-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00 R 101-36103 TREE REMOVAL $0.00 $0.00 $0.00 $0.00 R 101-36200 MISCELLANEOUS REVENUE $2,952.56 $1,188.46 $2,000.00 $1,800.00 R 101-36211 INVESTMENT INTEREST $1,500.00 $0.00 $0.00 $0.00 R 101-36230 DONATIONS $0.00 $0.00 $0.00 $0.00 R 101-36231 DOG PARK DONATIONS $646.50 $565.00 $300.00 $500.00 R 101-36240 SURCHARGES 09/03/13 2:13 PM Page 2 2012 2013 2013 2014 R 201-34785 Amt YTD Amt Budget Budget Account Descr UnderLine $134.56 $259.87 $0.00 $0.00 R 101-36250 REFUNDS & REIMBURSEMENTS $7,149.00 $1,982.00 $0.00 $0.00 R 101-36252 LMC INSURANCE REFUND $16.65 $0.00 $0.00 $0.00 R 101-36255 MISC $0.00 $0.00 $0.00 $0.00 R 101-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 $0.00 R 101-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 _$0.00 R 101-39999 PRIOR PERIOD ADJUSTMENT $1,236,712.04 $639,497.06 $1,187,216.00 $1,226,906.00 $100.00 FUND 201 COMMUNITY EVENTS $0.00 $0.00 $0.00 $0.00 R 201-34785 PARK EVENTS $0.00 $0.00 $0.00 $0.00 R 201-34786 WINTER EVENT $75.00 $75.00 $50.00 $75.00 R 201-34787 GARAGE SALE $1,200.00 $1,409.00 $800.00 $800.00 R 201-34788 DAY IN THE PARK $401.00 $760.00 $400.00 $400.00 R 201-34789 MUSIC UNDER THE TREES $0.00 $0.00 $0.00 $0.00 R 201-34790 MUGS $0.00 $0.00 $0.00 $0.00 R 201-34791 POP SALES $397.00 $92.00 $100.00 $100.00 R 201-34792 T-SHIRT SALES $325.00 $0.00 $700.00 $400.00 R 201-34793 FUN RUN/WALK $0.00 $0.00 $0.00 $0.00 R 201-34794 NATIONAL NIGHT OUT $1,793.19 $0.00 $600.00 $1,000.00 R 201-34795 HALLOWEEN DONATIONS $38.94 $18.81 $50.00 $35.00 R 201-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 201-36230 DONATIONS $0.00 $0.00 $0.00 $0.00 R 201-36250 REFUNDS & REIMBURSEMENTS $139.64 $70.02 $100.00 $100.00 R 201-36255 MISC $0.00 $0.00 $0.00 $0.00 R 201-39200 INTERFUND OPERATING TRANSFERS $0.00 _ $0.00 $0.00 $0.00 R 201-39201 TRANFER FROM GENERAL FUND BAL $4,369.77 $2,424.83 $2,800.00 $2,910.00 FUND 202 COMMUNICATIONS $0.00 $4,939.00 $0.00 $0.00 R 202-33600 GRANTS & AID FROM LOCAL GOV. $124.10 $38.22 $100.00 $75.00 R 202-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 202-36250 REFUNDS & REIMBURSEMENTS $20,312.84 $10,318.97 $20,000.00 $20,000.00 R 202-36253 CABLE FRANCHISE REVENUE $20,436.94 $15,296.19 $20,100.00 $20,075.00 $0.00 FUND 203 RECYCLING $0.00 $0.00 $0.00 $4,947.00 $0.00 $4,800.00 $35,001.22 $18,414.63 $35,000.00 $0.00 $0.00 $0.00 $419.00 -$280.63 $0.00 $573.51 $270.30 $300.00 $0.00 $0.00 $0.00 $0.00 $307.00 $0.00 $0.00 $0.00 $0.00 $40,940.73 $18,711.30 $40,100.00 FUND 301 TAX INCREMENT DEBT SERVICE $0.00 R 203-33621 METROPOLITAN COUNCIL -BIN GRAN $0.00 R 203-33622 COUNTY GRANTS $0.00 R 203-36100 SPECIAL ASSESMENTS $0.00 R 203-36101 PRINCIPAL $0.00 R 203-36102 PENALTIES & INTEREST $0.00 R 203-36211 INVESTMENT INTEREST $0.00 R 203-36250 REFUNDS & REIMBURSEMENTS $0.00 R 203-36255 MISC $0.00 R 203-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 $0.00 R 301-31040 FISCAL DISPARITIES 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VT 0 0 0 0 Ln 0 0 0 0 0 0 n O m O O O O +--1 0 0 0 0 0 0 0 0 0 0 0 Uf 0 0 0 0 0 0 t0 n O O O W 0 0 0 0 0 0 L, t0 M 0 0 0 6 N V, V, VT 00 C> V� V - V} VT Vf N V� V)•i r^ ip, V� g D W W Ln Ln W zZ W O OJ W Z W 0 m m z z L"���Ln uj zz x sLU ��� w u w W a w x J .-+ -4 N t0 .-1 M O N N N M M OO O O O O O O O O O O Ln m In In. Ln Ln O 0) 0) m Ol m T T T T T T N N N N N N O O O O O O W W W W W W O O O O O O O O O O O O O O O O O O V, V)- VT V)- V} VT O O O O O O O O O O O O V• n V' O O O 0^0 N ONO VF V' V} . Vr N-1 I: r-' 0 0 0 V' V' M O O O CO ri N VL• 1.0 V� d� V� i 41 V� VT *-1 CO V' O co O 00 W L-� O ri O a' t0 M O O O O ko M V, N V� tp ri ti N .-1 VT VL- VT V� LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date September 10, 2013 ITEM NUMBER —St. Paul Reg. Water STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: As we previously discussed, it is the Lauderdale's turn to appoint someone to the St. Paul Regional Water Board. The meetings are the second Tuesday of the month at 5 p.m. at St. Paul City Hall. As that poses a potential conflict with the City Council's meetings, it seemed like the Council was going to likely want to appoint someone else. There are a couple of ways to make this appointment. More informally, the Council could identify residents or business owners that you think would represent Lauderdale well. I would contact these people and see if any would like to be considered. Alternatively, the Council could open the appointment to the community and see who applies. Staff needs to know the direction the Council would like to go tonight as we start to put together the next newsletter. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent _ Public Hearing Discussion X Action X� Resolution Closed Session Meeting Date August 27, 2013 ITEM NUMBER Sanitary Sewer Lining STAFF INITIAL 41� APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: As we discussed during the last meeting, there a couple of issues in the sewer line that need to be addressed before the lining can be done. Staff and the city engineer have been work- ing out a solution as the contractor doing the lining does not have the expertise or experience to fix the sections in question. After reviewing the options and meeting with affected home- owners along Fulham Street, we think we have a plan. One section of sewer on Eustis Street (in the roadway) and one section on Fulham (in the Gerbig's backyard) will need to be excavated and a section of sewer replaced (a couple of feet). The entire length of pipe will then be lined. Staff asked the City's usual contractor for this sort of work for a quote. I hope to have this by Tuesday for Council consideration, but I may not. Either way I will provide an update. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date September 10, 2013 ITEM NUMBER Development Policies STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: As you may remember, the Corval Group previously engaged a broker to, sell their property. That relationship ended but they appear to be continuing to explore options to find a more suitable space. That coupled with rumblings that Luther Seminary might be selling some of their property in Lauderdale makes it a good time to update the City's TIF Policy and estab- lish a Business Subsidy Policy. The City's current policy was adopted some time ago, I am not sure when. As TIF laws change frequently, and the Policy was created by a different Council, it makes sense to re- view it and update it if need be. The policy should reflect the current Council's willingness or unwillingness to use TIF districts for redevelopment. Inevitably, developers will look to the City for assistance to make a redevelopment project financially feasible. Before that happens, the City should have a Business Subsidy Policy in place regarding how you will handle requests. The Council doesn't want to be in the posi- tion of trying to draft a policy and decide what is in the best interest of the City when a de- velopment project is moving forward. I asked the City's financial advisor, Stacie Kvilvang to walk the Council through the process of updating these policies and provide an overview of what to expect if the City receives a request from a developer. To help you in advance of the meeting, I attached the current TIF Policy and a memo from the League. Stacie will be able to address any questions the Coun- cil has but I. specifically asked her to address the following: what community development tools cities have; why do cities use them; when do cities use them; what are the costs to the community versus the benefits; how do you calculate the costs of these tools versus the long term impact of redevelopment; what strategies are there to striking a deal with the least fi- nancial costs and risks; how do developers show a financial need; and what follow up is there to prove that they actually needed financial assistance. C LA_ ✓ f-e✓L +_ L &(_� ✓,�,LcL�, CC PoUC1 CITY OF LAUDERDALE TAX INCREMENT FINANCING POLICY GENERAL POLICY The City of Lauderdale has determined that, in certain instances, tax increment financing may be desirable in order to attract new development, expand employment opportunities, or assist in the redevelopment of blighted areas. The City will consider using tax increment financing to assist development under the guidelines set forth below, but reserves the right to approve or disapprove projects on a case by case basis, taking into consideration, among other things, the following factors: 1. The proposed project shall be compatible with the overall development plans and objectives of the City. The Lauderdale Comprehensive Plan will be a guide to gauge compatibility. 2. The project shall be of a nature that the City wishes to attract, or an existing business the city wishes to expand within the City considering potential for employment, incentive for further development, increased tax base, impact on city service needs and support for industrial, commercial or housing currently located within the City, or shall be in an area that the City wishes to redevelop. 3. An application for tax increment financing will not be considered by the City Council until preliminary findings have been made with respect to zoning, building plans, platting, streets, and utility services. 4. The proposed facility, or expansion of an existing facility, shall provide a significant, demonstrable benefit to the City. Applicant should define their project's impacts on employment and tax base within the City. 5. The project must not put a burden on existing City services or utilities beyond which can be reasonably and economically accommodated. 6. A request for tax increment financing shall demonstrate that alternative financing is not available and that the project will meet all statutory tests. 7. The City will generally only consider "pay-as-you-go" tax increment assistance. The City will consider upfront tax increment assistance grants only upon a showing of special circumstances and only when the city's financial risks can be adequately reduced. 8. The City shall always retain absolute discretion with regard to offering tax increment financing in every instance. PROCEDURES (A) Applicant shall make an application for financing on the attached application form. The completed application is to be returned to the City Administrator, together with a non- refundable application fee of $5,000. The City will refund the fee upon the issuance of tax increment bonds or will increase the pay-as-you-go assistance to reimburse the developer for the deposit. If a deal is not consummated, the City will also return any unused portion of the deposit to the developer (B) The applicant shall furnish along with the application, a description of the project, plat plan, rendering of the proposed building, a brief description of the applicant and any other relevant information requested by the City. (C) Upon receipt of the application, the City Administrator and/or Planner, Financial Consultant, Attorney, and Engineer perform a preliminary review of the proposed project for consistency with established priorities, and planning, financial and engineering objectives. Upon completion of the review, a result of the analysis and review will be submitted to the City Council. (D) The City Council will determine the acceptability of the proposal. If approved, the application is returned to the City Administrator for continued processing. (E) The City will draft and prepare a tax increment financing project plan and development and/or assessment agreement for the project. The City will also draft necessary notices, resolutions, and certificates. (F) The applicant must enter into a development agreement prior to the commitment of tax increment financing assistance, in form and substance satisfactory to the City. (G) The applicant must enter into an assessment agreement setting forth a minimum market value for the project after its completion. (H) The City reserves the right to determine the duration of any financial assistance offered and the project costs for which it will allow tax increment financing to be used. It is the City's intent to minimize the length of any tax increment financing district and restrict the use of tax increments to pay eligible project costs. 2 (I) The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to its execution of the Development Agreement. (J) The City is to be reimbursed, and held harmless, by the applicant for and from any out- of-pocket costs related to the actual or proposed tax increment financing or the proposed issuance of bonds. (K) All applications and supporting materials and documents shall remain the property of the City and all such materials may be subject to disclosure and/or public review under applicable provisions of State Law. 3 APPLICATION FOR TAX INCREMENT ASSISTANCE I. APPLICANT (A) Business name, address, telephone number: (B) Business Form (corporation, partnership, sole proprietorship, etc.) state of incorporation, or organization and date of formation: (C) Brief description of nature of business, principal products, etc.: (D) If project is to be leased, list prospective lessees, nature of lessee's business, and principal products, etc.: (E) If applicant is corporation, state officers, directors, stockholders holding more than 5% of stock of corporation (state name, address and relationship to applicant): [If corporation is not formed, set forth as much as possible concerning potential officers, directors, and stockholders.] (F) If applicant is general partnership, state general partners and if limited partnership, state general partners and limited partners with more than 5% interest in the limited partnership: [If partnership is not formed, set forth as much as possible concerning potential partners.] (G) Name, address, and telephone number of applicant's legal counsel and accountant: M II. PROJECT (A) Location (state street address and attach the legal description of project site): (B) Present ownership of project site. If project site is not presently owned by applicant, describe arrangements by which the applicant intends to acquire or use the site: (C) Describe Project — If project is a building or addition to building, specify number of stories, square footage, related parking facilities, etc. If project includes equipment, describe equipment. If mixed land use, describe project's physical dimensions by type of land use. (Attach site plan and building elevations, if available.) (D) Zoning: (1) What is the zoning status of the project site ? (2) Is the zoning status appropriate for the intended use ? (3) Will rezoning, zoning variance, conditional use permit, or any other zoning related permit be sought in connection with the project ? (4) Is the property properly subdivided for the intended use ? (5) If the applicant is proposing Planned Unit Development (PUD) status, additional information is required. See Lauderdale City Zoning Ordinance. 5 (E) Estimated Project Related Costs: (1) Land acquisition (2) Site development (3) Building cost (4) Equipment (5) Architectural/Engineering Fees (6) Legal Fees (7) Other Consulting Fees (8) Off-site development costs (9) Contingencies (10) Other (please specify) TOTAL (F) Total Estimated Market Value at Completion (G) Source of Financing: (1) Industrial Revenue Bonds (2) Tax Increment Assistance (3) Developer Equity (4) Bank loan or other private financing (5) Other (please specify) no (H) Will project be occupied by applicant after completion ? If not, state name of future lessees, and the status of commitments or lease agreements: (I) Name and addresses of architect, engineer, and general contractor for the project: (J) Current real estate taxes assessed on project site, and estimated real estate taxes on project site upon completion of the project: (K) Project construction schedule: (1) Construction start date (2) Construction completion date (3) If phased project Year % Complete Year % Complete III. TAX INCREMENT FINANCING ASSISTANCE REQUEST (A) Describe amount and type of project expenses for which tax increment financing assistance is being requested: (B) Is the applicant requesting upfront assistance or pay-as-you-go ? If applicant is requesting upfront assistance, attach 3 years audited financial statements or the equivalent financial information. (C) Estimated number of new jobs: 7 IV. MISCELLANEOUS (A) Detail the status of any previous or current requests which applicant, its principals or affiliates have ever made to the City or to other municipalities for tax increment financing (B) If tax increment financing assistance has been provided for applicant by other municipalities, list type of project, total project costs, and any related bond infonnation, where applicable: (C) Have principals of the company or any affiliated entities with which they have been associated ever been in bankruptcy ? If yes, describe circumstances: (D) Has applicant ever defaulted on any bond or mortgage commitment ? (E) Will any public official of the City, either directly or indirectly, benefit by the issuance of the City's tax increment revenue bonds for this project within the meaning of Minnesota Statutes, Sections 412.311 or 471.87 ? If so, please specify: The undersigned hereby affirms that all information provided to the City of Lauderdale (the "City") relative to the application form tax increment financing assistance ("TIF") is true, correct and complete to the best of the undersigned's knowledge. The undersigned acknowledges that false information or material omissions on the application or any supporting documents may disqualify the applicant from further consideration from TIF. The undersigned hereby authorizes the City to investigate all statements and representations made by the applicant and grants permission for the City to inquire of all financial institutions, partnerships, credit rating agencies and other sources of information cited by the applicant, as may be deemed necessary by the City. The undersigned hereby authorizes release to the City of personal, financial, or business records held by sources cited by the applicant herein. The applicant acknowledges that the information provided by the undersigned in connection with this application is governed by the Minnesota government data practices act and may include data which are considered under that statute. The information supplied by the applicant may be used or reviewed by city staff, consultants, members of the city council, or other advisory bodies and may be available or discussed at public meetings. Private data collected by the City will be used to determine the need for and the amount of TIF offered by the City to the applicant. The applicant is not legally required to supply the requested information, but failure to do so may result in the City refusing to grant TIF to the applicant. The undersigned, hereby authorizes the City to use the data as it deems appropriate in order to determine the advisability of granting tax increment assistance and hereby releases the City from all liability for damages that may arise from the City's use of private or other data submitted in connection with this application. Dated: Applicant: itz Its: The City reserves the right to require additional information and supporting data from the applicant after the filing of this Application. The applicant is required to correct and update this application on a continuing basis, as new information becomes available. 7 CHAPTER 15 Part IV REGULATORY AND DEVELOPMENT FUNCTIONS OF CITIES CHAPTER 15: COMMUNITY DEVELOPMENT AND REDEVELOPMENT I. Business subsidies or financial assistance..................................................................................................2 A. Business subsidies..................................................................................................................................... 2 B. Financial assistance................................................................................................................................... 3 Il. City development tools...............................................................................................................................3 A. General city development powers............................................................................................................. 3 B. Housing and redevelopment authorities.................................................................................................... 4 C. Economic development authorities........................................................................................................... 8 D. Port authorities........................................................................................................................................... 9 E. Municipal or area redevelopment agencies............................................................................................. 10 F. City development districts....................................................................................................................... 10 G. City industrial development..................................................................................................................... 11 III. Other development strategies...................................................................................................................12 A. Housing bonds......................................................................................................................................... 12 B. Industrial parks........................................................................................................................................ 12 C. Industrial revenue bonds.......................................................................................................................... 13 D. Commercial rehabilitation....................................................................................................................... 13 E. Tax increment financing (TIF)................................................................................................................ 13 F. Property tax abatement............................................................................................................................ 17 IV. State-sponsored development tools..........................................................................................................17 A. Minnesota Housing Finance Agency....................................................................................................... 17 B. Department of Employment and Economic Development (DEED)........................................................ 18 C. Enterprise Minnesota............................................................................................................................... 19 D. E-commerce ready cities......................................................................................................................... 20 E. Corporations............................................................................................................................................ 20 V. Federal development tools........................................................................................................................20 A. Community development block grants.................................................................................................... 20 B. Rural development grants........................................................................................................................ 20 VI. How this chapter applies to home rule charter cities................................................................................20 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/1/2012 15:1 CHAPTER 15 Chapter 15 Community development and redevelopment This chapter describes the requirements for a city to establish criteria for awarding business subsidies, addresses the various development agencies cities may create, and provides a brief overview of state and federally sponsored programs for encouraging development and redevelopment. Most economic development tools can be applied to any size city. These tools are interrelated, and a city may use several for one project. I. Business subsidies or financial assistance A. Business subsidies Minn. star. §§ 1161.993 to State law defines "business subsidy" or "subsidy." It is a state or local 116J.995. government agency � ant' contribution of personal property, real property, Minn. stat. § 116J993, subd. 3. infrastructure, or the principal amount of a loan at rates below those commercially available to the recipient. In addition, a business subsidy is any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business in an amount greater than $150,000. Minn. stat. § 116J.994, subds. 5, prior to awarding a business subsidy of more than $150,000 (and as defined 11. by law) to any business, a city and any Housing and Redevelopment Minnesota Department of Authority (HRA), Economic Development Authority (EDA), port authority, Employment and Economic and nonprofit created by a local government must hold a public hearing and Development (DEED). adopt criteria for awarding business subsidies. The public hearing notice must include a statement that either a resident or a city property owner may file a written complaint with the city if the city does not follow the business subsidy law. Written complaints must be filed within specified timelines. The criteria must include a policy regarding the wages to be paid for any jobs created. Copies of the criteria adopted by cities are found on the Minnesota Department of Employment and Economic Development (DEED) web site. Minn. scat. § 1161994, subd. 3. Once the criteria are established, the grantor and the recipient must enter into subsidy agreements that meet the statutory requirements. The agreement must include an obligation to repay part or the entire subsidy if the recipient does not meet its obligations. 152 LEAGUE OF MINNESOTA CITIES This chapter last revised 12/1/2012 CHAPTER 15 Minn. stat. § 116J.993, subd. 3. Types of assistance meeting the definition of a business subsidy include: Minn. stat. § 469.185. grants; contributions of real or personal property or infrastructure; the principal amount of a loan at rates below those commercially available to the recipient; any reduction or deferral of any tax or any fee; any guarantee of any payment under any loan, lease or other obligation; or any preferential use of government facilities given to a business. Minn. stat. § I6J.994, subd. 11. The law imposes a 180 -day statute of limitations on actions to challenge a city after approval of a business subsidy agreement. Citizens or owners of taxable property in a city may bring a civil action against the city for failure to comply with the business subsidy laws. Cities should therefore consult closely with the city attorney before awarding a business subsidy. Minn. stat. § 116J.993, subd. 3. There are several exceptions to this definition, including a subsidy of less than $150,000; subsidies for redevelopment, pollution control and land clean up, housing, industrial revenue bonds, utility property tax abatements and other similar programs. Minn. star. § 116J.994, subds. 4, Recipients must provide grantors with information on their progress toward 7, 8. the goals outlined in the agreement. The goals for increasing jobs or retaining jobs must result in local job creation and job retention. Grantors must submit the annual Minnesota Business Assistance Form (MBAF) to the Department of Employment and Economic Development (DEED) by April 1 each year for each business subsidy agreement. Local government agencies in cities with a population of 2,500 or more must submit an MBAF, regardless of whether they have awarded business subsidies. Local government agencies in cities with a population of 2,500 or less are exempt from filing the MBAF if they have not awarded a subsidy in the past five years. B. Financial assistance Minn. stat. § 1161994, subd. 2. Cities may offer "financial assistance" in the form of a business loan of Minn. Stat. § 116J.994, subd. 8. more than $25,000 or a guarantee of $75,000 or more, but less than $150,000 required to constitute a business subsidy. If a city offers such financial assistance it must develop criteria and set minimum wage floor levels as prescribed in business subsidy law. Cities granting such financial assistance must submit business assistance reports to the Department of Employment and Economic Development (DEED) within one year of granting the assistance. ll. City development tools A. General city development powers Minn. stat. § 469.041. Cities have authority to aid and cooperate in the planning, construction, or operation of economic development, and housing and redevelopment projects. The following is a partial list of actions cities may take, with or without compensation: HANDBOOK FOR MINNESOTA CITIES 15:3 This chapter last revised 12/1/2012 CHAPTER 15 • Dedicate, sell, convey, or lease any of its interests in any property or grant easements, licenses, or any other rights or privileges to an HRA. • Furnish parks, playgrounds, recreational, community education, water, sewer, and drainage facilities or other works adjacent to or in connection with housing and redevelopment projects. Minn. stat. § 469.192. A statutory city, home rule charter city, economic development authority, housing and redevelopment authority, or port authority may snake a loan to a business, a for-profit or nonprofit organization, or an individual for any purpose the entity is otherwise authorized to carry out under any of the laws cited. Judd Supply Co. r. Merchants & private development projects that receive public financial or other assistance Ins. Co., 448 895 Ct. App. 1989).9). will not necessarily become public projects that trigger competitive bidding (Minn.(Min or other state laws applicable to public works. B. Housing and redevelopment authorities The predominant method of delivering and administering housing and redevelopment programs in Minnesota is through a legal public agency, accountable to city government. A city may establish this public agency, which is often the HRA. There are more than 230 HRAs in Minnesota. 15:4 This chapter last revised 12/1/2012 LEAGUE OF MINNESOTA CITIES 1. Elements of an HRA Minn. stat. §§ 469.001 to An HRA is a public corporation with power to undertake certain types of 469.047. housing and redevelopment or renewal activities. While state legislation Minn. stat. § 469.003. conveys authority for housing and redevelopment in each city, it is up to the city council to formally establish an HRA before it can do business and use its powers. Once a council legally establishes an HRA, it may undertake certain types of planning and community development activities on its own with council approval. Minn. Stat. § 469.003, subd.1. To create a housing and redevelopment authority, the city council must, by resolution, make the following findings required by law: • Substandard, slum or blighted areas that cannot be redeveloped without governmental assistance; or • A shortage of affordable, decent, safe, and sanitary dwelling accommodations available to low-income individuals and families. Minn. Stat. § 469.003, subds. 2, The council must pass this resolution after a public hearing. A copy of this 4. resolution must go to the commissioner of DEED. 15:4 This chapter last revised 12/1/2012 LEAGUE OF MINNESOTA CITIES CHAPTER 15 2. Area of operation for an HRA Minn. stat. § 469.004, subds. 1, The area of operation of a city HRA is the corporate limits of the city. 2. County and multi -county HRAs operate in areas that include all the political subdivisions within the county or counties, except they may not undertake any project within the boundaries of a city that has not adopted a resolution authorizing the county or multi -county HRA to exercise powers within that city. Minn. Stat. § 469.004, subd. 5. Establishment of a county or multi -county HRA precludes the formation of city HRAs, unless the county or multi -county HRA and the commissioner of DEED agree to let the city forin one. 3. HRA membership Minn. stat. § 469.003, subd. 5, 6. An HRA consists of up to seven commissioners who are residents of the city. The mayor appoints and the council approves the members who serve five-year, staggered terms. City councilmembers often serve on the HRA. The entire membership of an HRA may consist of councilmembers. 24 C.F.R. 964.415. Federal regulations require that at least one eligible resident be a member of a public housing agency board, which may be the HRA, an EDA or other public housing authority (PHA). This rule applies to any public housing agency that holds a public housing annual contributions contract with HUD or that administers Section 8 tenant -based rental assistance. The rule does not apply to state -financed public housing projects or Section 8 project - based assistance. A "small PHA exception" also exists. Minn. stat. § 469.003, subd. 7. The city clerk must Pile a certificate of appointment for each commissioner of a city HRA and send a certified copy to the commissioner of DEED. Minn. stat. § 469.011, subd. 2. State law allows the HRA to adopt bylaws. Commissioners may accept Minn. stat. § 469.011, subd. 4. compensation of up to $75 for each meeting they attend. Commissioners who are elected officials may receive daily payment for a particular day only if they do not receive any other daily payment for public service on that day. Commissioners who are public employees may not receive daily payment, but may not suffer loss in compensation or benefits as a result of their service. 4. HRA powers Minn. stat. § 469.012, subd. 1. An HRA is primarily responsible for the planning and implementation of redevelopment and/or low -rent housing assistance programs within its area of operation. An HRA has all the powers necessary to carry out the state HRA Act, including but not limited to the following powers: • To sue and be sued. • To employ staff and an executive director. HANDBOOK FOR MINNESOTA CITIES 15:5 This chapter last revised 12/1/2012 CHAPTER 15 • To undertake projects within its area of operation and to provide for the construction, reconstruction, improvement, extension, alteration, or repair of any project or part of a project. • To sell, buy, own, and lease property by any means necessary, including the power of eminent domain. • To cooperate with and use state and federal financial assistance programs. • To develop rehabilitation and code enforcement techniques. • To issue bonds for any of its corporate purposes backed by the pledge of revenues, grants or other contributions. • To implement renewal or redevelopment programs using tax increment financing. • To own, hold, improve, lease, sell or dispose of real or personal property. • To designate substandard, slum or deteriorating areas needing redevelopment, and unsafe, unsanitary, and overcrowded housing. • To make necessary expenditures to carry out the purposes of the HRA law. • To develop and administer an interest reduction program to assist the financing of the construction, rehabilitation, or purchase of low- or moderate -income housing. 5. HRA special assessment and levy authority HRA power to levy and collect taxes or special assessments is limited to the Minn. Stat. § 469.001-469.047. power provided in state law. Subject to a resolution of consent from the city Minn. Stat. § 469.033, subd. 6. council an HRA may levy a tax upon all taxable property within the city. (The council may give a consent that covers a series of years if they so Minn. stat. § 275.70 to 275.74. choose or council may pass a resolution authorizing an HRA levy for a set amount of time, for example, the entire tern of the bonds secured in part by Minn. stat. § 275.066. an HRA levy and in part by a city levy.) State law recognizes the distinct nature of HRAs and designates thein as "special taxing districts." The maximum general allowable operational levy of HRAs is 0.0185 percent of the previous year's taxable market value of all property in the city. The city's total taxable market value is available from the county assessor. An HRA raises its own levy because it is a separate political subdivision and not a "local governmental unit." Therefore, an HRA levy is not subject to levy limits but is subject to the 0.0185 percent market value limit. Levies collected by an HRA must be used only for purposes listed in the HRA Act. There is crossover between HRA and EDA levies that can be confusing. Typically, EDAs are not authorized to levy taxes under state law. However, Minn. stat. § 469.107. many city EDA -enabling resolutions adopt all the powers of an HRA, and Minn. stat. § 275.066. then the EDA functions as a special taxing district under state law. If the enabling resolution so allows, the EDA levies a separate tax or "HRA levy" not subject to levy limits or city debt limits—but again subject to the 0.0185 percent of total city market value limit in state law. The city attorney may verify the structure and levy authority of each city's HRA and/or EDA. 15:6 LEAGUE OF MINNESOTA CITIES This chapter last revised 12/1/2012 CHAPTER 15 Minn. stat. § 469.012, subd. 4. While HRAs have the legal authority to "do whatever is necessary and Minn. stat. § 469.028. convenient" to implement redevelopment, they are subject to the ordinances and laws of the city. The city council must approve HRA plans before the housing and redevelopment authority may begin implementation. 6. HRA contracting Minn. stat. § 469.015. All HRA construction work and purchases of equipment, supplies or Minn. stat. § 469.015, subd. Ia. materials that involve expenditure of more than $100,000 must be competitively bid. An HRA (and a city) may also use the "best value alternative." There are limited exceptions to these requirements for emergencies and certain projects, such as parking ramps and certain public transit facilities. 7. HRA financing Minn. stat. § 469.033. Operating funds, capital improvements, and debt retirement expenses for Minn. stat. § 469.034. HRA projects maybe financed by any one, or combination of, the following methods: • Federal grants. • Revenue bonds the HRA or local governing body sells. • General obligation bonds the local governing body sells. • Tax increments from redevelopment projects. • A limited mill levy for redevelopment projects and planning activities. • A limited mill levy for informational and relocation services. Minn. Stat. § 469.034, subd. 1. When an HRA issues bonds, the revenue generated must be used for the projects financed, or bond costs must be paid from income generated by designated projects. The law states that the principal and interest on bonds are payable exclusively from the income and revenues of the project financed with the proceeds of the bonds, or exclusively from the income and revenues of certain designated projects, whether or not they are financed in whole or in part with the proceeds of the bonds. 8. HRA certifications to state The following documents relating to the establishment and activities of local HRAs must go to the DEED commissioner: Minn. Stat. § 469.003, subds. 4, . Resolution of need. 6. Minn. Stat. § 469.003, subd. 7. • Certificates of appointment or reappointment of HRA commissioners. • Project reports. • Applications for federal assistance. • Contracts with federal agencies. • Redevelopment plans. • Low rent public housing project and management plans. HANDBOOK FOR MINNESOTA CITIES 15:7 This chapter last revised 12/1/2012 CHAPTER 15 Minn. stat. § 469.013. In addition, annual financial reports must go to the state auditor. 9. HRA federal certification In order for a local HRA to use federal Department of Housing and Urban Development (HUD) assistance programs, it must submit a transcript of organizational documents to the HUD area office. 1. EDA levies Minn. stat. § 275.70. The typical EDA levy is different from the HRA levy discussed above. It is not a levy raised by the EDA—it is a levy set by a city at the request of the EDA. Basically, the city simply appropriates part of the money the city collects in the general city levy to the EDA. Because the EDA levy is part of Minn. stat. § 275.066. the city levy, it is not a "special levy" under state law and thus the EDA levy is subject to the city's overall levy limit. However, as noted above, many EDA -enabling resolutions adopt all the powers of an HRA. If so, the EDA may levy a separate tax or "HRA levy," and then the EDA functions as a special taxing district as if it were an HRA and that levy is not subject to levy limits or to city debt limits. An EDA using the levy powers of an HRA is still limited to a levy no more than 0.0 18 5 percent of the total taxable market value in the city. 2. EDA loans Minn. stat. § 469.192. An EDA is authorized to make a loan to a business, a for-profit or nonprofit Minn. stat. §§ 469.090 to organization, or an individual. Before taking an action or making a decision 469.1082. which could substantially affect an EDA commissioner's or an employee's Minn. stat. § 469.098. financial interests or those of an organization with which the commissioner or an employee is associated, a commissioner or employee of an authority must comply with specific requirements to disclose the conflict and obtain prior approval. Failure to do so may result in criminal charges. 15:8 LEAGUE OF MINNESOTA CITIES This chapter last revised 12/1/2012 C. Economic development authorities Minn. stat. §§ 469.090 to All cities and townships have authority from the state Legislature to create 469.1082. economic development authorities. The city may consolidate the economic Minn. stat. § 469.1082, subd. 5. development authority (EDA) with an existing HRA or the city may grant Minnesota Department of the authority HRA powers. The city council may create an EDA by passing Employment and Economic Development: 'Be Economic an enabling resolution. Before adopting the enabling resolution, the city Development authorities must first conduct a public hearing. The enabling resolution establishes a Handbook. board of commissioners for the EDA. The city council can choose to serve as the EDA board of commissioners or create a board composed of community members. The mayor, with approval of the council, appoints the commissioners. The board may consist of three, five or seven members who serve six-year terms. The board is subject to the open meeting law. 1. EDA levies Minn. stat. § 275.70. The typical EDA levy is different from the HRA levy discussed above. It is not a levy raised by the EDA—it is a levy set by a city at the request of the EDA. Basically, the city simply appropriates part of the money the city collects in the general city levy to the EDA. Because the EDA levy is part of Minn. stat. § 275.066. the city levy, it is not a "special levy" under state law and thus the EDA levy is subject to the city's overall levy limit. However, as noted above, many EDA -enabling resolutions adopt all the powers of an HRA. If so, the EDA may levy a separate tax or "HRA levy," and then the EDA functions as a special taxing district as if it were an HRA and that levy is not subject to levy limits or to city debt limits. An EDA using the levy powers of an HRA is still limited to a levy no more than 0.0 18 5 percent of the total taxable market value in the city. 2. EDA loans Minn. stat. § 469.192. An EDA is authorized to make a loan to a business, a for-profit or nonprofit Minn. stat. §§ 469.090 to organization, or an individual. Before taking an action or making a decision 469.1082. which could substantially affect an EDA commissioner's or an employee's Minn. stat. § 469.098. financial interests or those of an organization with which the commissioner or an employee is associated, a commissioner or employee of an authority must comply with specific requirements to disclose the conflict and obtain prior approval. Failure to do so may result in criminal charges. 15:8 LEAGUE OF MINNESOTA CITIES This chapter last revised 12/1/2012 CHAPTER 15 Loans must be for a purpose the EDA is authorized to carry out under the law. An authorized purpose must deal with or contribute to economic or industrial development. EDAs have the ability to use pooled bond reserving. In most development programs, each bond issue is independent of any other bond issue with a separate service or sinking fund account. EDAs, however, may create a single common bond reserve fund. Under this arrangement, each project's revenues go into a common fund, which in turn pays the bondholders on all projects. Through this pooling mechanism, the security of each project's bond increases and borrowing costs decrease as long as the pool has the necessary volume and diversity of cash flow. 'Mis chapter last revised 12/1/2012 3. Other EDA powers Minn. stat. § 469.101, subds 1, EDAs can acquire property and facilities but cannot issue debt without an 2. election. The city must authorize the issuance of debt in the resolution Minn. stat. § 469.101, subs. 1. creating the EDA. In addition, EDAs can create economic development Minn. stat. § 469.102. districts but the districts must be contiguous. Current law eliminates the requirements that economic development districts established by EDAs meet the "blight test" under tax increment financing law for redevelopment districts. EDAs may exercise powers under the housing and redevelopment authority (HRA) law (if a particular EDA enabling resolution includes HRA power) to create a redevelopment project, housing development, or housing project under which a restrictive blight test does not apply. These projects can be used for similar purposes to those of an economic development district under the EDA law. D. Port authorities Minn. stat. §§ 469.048- 469.068. The state Legislature authorizes city creation of port authorities. A port Minn. stat. § 469.053. authority is a separate political entity with the right to sue and be sued in its own name and is generally organized to increase commerce in a city. Unlike EDAs and HRAs, a port authority may issue general obligation bonds without holding an election. Minn. stat. § 469.050. Cities establish a port authority by passing an enabling resolution. It may Minn. stat. § 469.051. have from three to seven commissioners (two of whom must be on the city council) appointed by the mayor and approved by the city council, unless a different number or procedure is set out in the enabling law. State law governs commissioner pay, vacancies, duties, and port authority by-laws. Minn. stat. § 469.051, subs. 2. A port authority shall annually elect a president or chair, vice-president or vice -chair, treasurer, secretary, and assistant treasurer. A commissioner may not serve as president or chair and vice-president or vice -chair at the same time. The other offices may be held by one commissioner. The offices of secretary and assistant treasurer need not be held by a commissioner. The treasurer of a port authority must be bonded to faithfully perforin these duties: HANDBOOK FOR MINNESOTA CITIES 15:9 'Mis chapter last revised 12/1/2012 CHAPTER 15 • Receive and be responsible for port authority money. • Be responsible for the acts of the assistant treasurer, if appointed. • Disburse port authority money by check or electronic procedures. • Keep an account of the source of all receipts, and the nature, purpose, and authority of all disbursements. • File the authority's detailed financial statement with its secretary at least once a year at times set by the authority. Minn. Stat. § 469.051, subd. 9. The port authority's annual detailed financial statement must show all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the authority's credits and assets, and its outstanding liabilities. The authority must examine the statement together with the treasurer's vouchers. If the authority finds the statement and vouchers correct, it shall approve them by resolution and record the resolution. Minn. stat. §§ 469.048-469.068. State law governs many other aspects of port authorities, including but not limited to use of city property by a port authority, employees, contracts, and audits. The city attorney also acts as the port authority's attorney. F. City development districts Minn. Stat. §§ 469.124 to Any home rule charter or statutory city may designate development districts 469.134. within the boundaries of the city. Within these districts, cities may: 15:10 Adopt a development program to acquire, construct, reconstruct, improve, alter, extend, operate, maintain or promote developments aimed at improving the physical facilities, quality of life, and quality of transportation. • Promote pedestrian skyway systems. This chapter last revised 12/1/2012 LEAGUE OF MINNESOTA CITIES E. Municipal or area redevelopment agencies Minn. stat. §§ 469.109 to Any rural municipality or group of municipalities may establish a public 469.123. body, known as a municipal or area redevelopment agency, in and for the area the municipality covers. This law defines municipalities as home rule charter or statutory cities, counties, towns or school districts. Minn. stat. § 469.110, subd. 11. The law includes only rural areas, which generally means all areas that are Minn. stat. § 469.111. not within the boundary of any city having a population of 50,000 or more, and not immediately adjacent to urbanized and urbanizing areas with a population density of more than 100 persons per square mile --or areas with an unemployment rate of 6 percent or more. The restrictions limit applicability of the law to rural areas and to the Iron Range. Minn. stat. § 469.111. The establishment of the municipal or area redevelopment agency is similar Minn. stat. § 469.115. to the establishment of an HRA. A municipal or area redevelopment agency has similar powers to an HRA. F. City development districts Minn. Stat. §§ 469.124 to Any home rule charter or statutory city may designate development districts 469.134. within the boundaries of the city. Within these districts, cities may: 15:10 Adopt a development program to acquire, construct, reconstruct, improve, alter, extend, operate, maintain or promote developments aimed at improving the physical facilities, quality of life, and quality of transportation. • Promote pedestrian skyway systems. This chapter last revised 12/1/2012 LEAGUE OF MINNESOTA CITIES CHAPTER 15 • Install special lighting systems, street signs and street furniture, landscaping of streets and public property, and snow removal systems. Minn. stat. § 469.127. The law encourages pedestrian skyway systems, underground pedestrian concourses, people -mover systems, and publicly owned parking structures. It exempts these structures from taxation even when they are attached to privately owned buildings. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/1/2012 15:11 G. City industrial development Minn. stat. §§ 469.152 to For the purpose of attracting industrial and commercial development and 469.1651. encouraging local governments to prevent economic deterioration, any home Minn. stat. § 469.152. rule charter or statutory city or its redevelopment agency has the power to promote industrial development by: • Acquiring, constructing, and holding lands, buildings, easements, improvements to lands and buildings, capital equipment, and inventory for industrial projects. • Issuing revenue bonds and entering into revenue agreements to finance these activities to promote industrial projects. Minn. stat. § 469.155, subd. 4. • Refinancing health care and other facilities. Under the legislation, cities assist industries in starting operations and use generated revenues to repay the costs. This law is the basis for issuing most industrial revenue bonds. Minn. Stat. § 469.153, subd. 2. Industrial projects eligible for assistance include any revenue-producing enterprises engaged in assembling, fabricating, manufacturing, mixing, processing, storing, warehousing, or distributing any products of agriculture, forestry, mining, or manufacturing; or in research and development activity Minn. stat. § 469.1655. in these fields; or in the manufacturing, creation, or production of intangible property, including any patent, copyright, formula, process, design, know how, format, or other similar item. "Project" also includes any properties designated as a qualified green building and sustainable design project under state law. Eligible projects may include costs related to dewatering activities. Minn. Stat. § 469.155, subd. 14. The law prohibits a city from operating any of these projects as a business or in any other manner. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/1/2012 15:11 CHAPTER 15 III. Other development strategies A. Housing bonds Minn. stat. ch. 462C. Cities may use revenue bonds for financing single- and multi -family housing, primarily for the benefit of low- and moderate -income families. The law contains single- and multi -family housing criteria and the specific actions cities must take to comply with the law. Federal law limits the issuance of housing revenue bonds. Bonding authority is allocated by a state formula. B. Industrial parks An industrial park is a tract of land suitable for industrial use because of location, topography, proper zoning, availability to utilities, and accessibility to transportation. A single body has administrative control of the tract. In some cities, an industrial park may be little more than a tract of unimproved land, while in other cities it may be totally served by city services and have restrictive building requirements. An industrial park's purpose is to attract industrial development. Property a city holds for later sale for economic development purposes remains tax exempt for a period of eight years, or until buildings or other improvements that are constructed after acquisition reach one-half occupancy. Currently, private enterprise creates most new industrial park development by establishing a for-profit community development corporation. A city can cooperate with that corporation through its land -use controls and methods of financing public improvements. Many cities have also established industrial parks complete with streets, water, and sewer, in spite of the possible tax ramifications. The city then sells or leases a portion of the park to a business needing a location for its building. Minn. stat. § 469.185. The law authorizes any city owning lands that are not restricted by deed to Minn. stat. § 465.035. convey the lands for nominal consideration, to encourage and promote industry, and to provide employment for citizens. In finding that a A.G. Op. 476-13-2 (Mar. 2, 1961), conveyance of land for an indoor arena was not within the statute, the City ofPipestone v. Madsen, 287 Minn. 357,178 N.W.2d 594 attorney general concluded the conveyance must encourage and promote (1970). industry and provide employment for citizens. A more direct promotion of industry is necessary, beyond the fact that more potential customers might be in town as a result of athletic contests. However, the courts have upheld the municipal industrial development revenue bond law, discussed subsequently, against the same objection. The city's attorney can best advise the city concerning the legality of a purchase of land for resale. 15:12 LEAGUE OF MINNESOTA CITIES This chapter last revised 12/1/2012 CHAPTER 15 C. Industrial revenue bonds Minn. stat. §§ 469.152 to The municipal industrial development laws help cities attract new 469.1651. commercial and industrial development, and keep existing businesses in the city. The law authorizes the council to issue revenue bonds, and use the proceeds to acquire and construct industrial sites and facilities. The city then leases these facilities to private industry and uses the rental fee proceeds to retire the bonds. A city may issue industrial revenue bonds, also known as municipal revenue HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/1/2012 15:13 bonds, without public referendum. It cannot pledge the full faith and credit of a community as security for these bonds. Thus, the city may not tax property owners to pay principal and interest on the bonds. For more infonnation, contact If a city decides to investigate the use of industrial bond financing, it should DEED 651.259.7114, 800.657.3858.. Main Office: 1st contact the Department of Employment and Economic Development. The pp National Bank Building 332 department provides the city with information, advice, and technical Minnesota Street, suite E200 assistance. This assistance is important, due to the adoption of federal and Saint Paul, MN 55101-1351. state laws allocating issuance authority among the states and their political subdivisions. The commissioner of Securities must approve the project. D. Commercial rehabilitation Minn. Stat. § 469.184. Cities have authority to carry out programs for the rehabilitation of small - and medium-sized commercial buildings. The city must adopt a program ordinance that provides for the adoption of program regulations, including a definition of small- and medium-sized commercial buildings. Loans under the program may be for amounts up to $200,000. The city may finance the program through the sale of revenue bonds. E. Tax increment financing (TIF) Minn. stat. §§ 469.174 to Tax increment financing authority is available to most cities. Cities with 469.1794. housing and redevelopment authorities, economic development authorities, port authorities, redevelopment agencies, those cities administering development districts or development projects, or cities exercising port authority powers under a general or special law may use tax increment financing. Amendments to the law, however, may make the use of this development tool more complicated. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/1/2012 15:13 CHAPTER 15 Tax increment financing is a funding technique that takes advantage of the increases in tax capacity and property taxes from development or redevelopment to pay upfront public development or redevelopment costs. The difference in the tax capacity and the tax revenues the property generates after new construction has occurred, compared with the tax capacity and tax revenues it generated before the construction, is the captured value. The taxes paid on the captured value are called "increments." Unlike property taxes, increments are not used to pay for the general costs of cities, counties, and schools. Instead, increments go to the development authority and are used to repay public indebtedness or current costs the city incurred in acquiring the property, removing existing structures or installing public services. Thus, the property owner in a TIF district continues to pay the full amount of property taxes. TIF involves only the increased property taxes generated within the district. It does not change the amount of property taxes currently derived from the redevelopment area, nor does it directly affect the arnount or rate of general ad valorem taxes the city levies. The result of a TIF project is an increased tax base that will benefit all local taxing jurisdictions. Additionally, TIF districts usually spur economic development and redevelopment through creating job, removing blight, and providing more affordable housing. Minn. Stat. § 469.177, subd. I Amendments to TIF law in 2012, address changes caused by the market value exclusion program. If the market value of a homestead property within a TIF district reduces of the homestead market value in the district, the original tax capacity of the TIF district will be reduced by the same amount. Thus, the tax increment collected by the city will remain the same. If your city has a TIF district with townhouses or condominiums, you may want to verify that valuations are properly adjusted by the county auditor. state,. Wicklued, 589 N.W.2d TIF is used to encourage four general types of private development: 793 (Minn. 1999). redevelopment, renovation and renewal, growth in low- to moderate -income housing, and economic development. Public financing using TIF funding for a privately owned facility does not make public space in the facility a public forum for free speech purposes. A TIF district may involve compact development. Two major conditions must be satisfied: Minn. Stat. § 469.174. Minn. • Parcels consisting of 70 percent of the area of the district are occupied Stat. § 469.175 subd. 2a. Minn. Stat. § 469.176, subd. Ib. Minn. b5' b uildin s or similar structures that are classified as class 3a property g p p y Stat. § 469.176, subd. li. Minn. under State law. and Stat. § 469.176, subd. 4c. Minn. Stat § 273.13, subd. 24. • The planned redevelopment or development of the district, when completed, will increase the total square footage of buildings, classified as class 3a under state law, occupying the district by three times or more relative to the square footage of similar buildings occupying the district when the resolution is approved. Minn. Stat. § 469.176, subd. 7. In some specific situations, a TIF authority may request inclusion in a tax increment financing district and the county auditor may certify the original tax capacity of a parcel or a part of the following property types: 15:14 LEAGUE OF MINNESOTA CITIES This chapter last revised 12/1/2012 CHAPTER 15 Minn. stat. § 469.175, subd. 5. The city using TIF must report annually to the county board, the county auditor, the school board, and the state auditor as to the status of the TIF district or districts and publish the report. The state auditor has established a uniform system of accounting and financial reporting for TIF districts. The city must annually submit to the state auditor a financial report in compliance with these standards. Minn. stat. § 469.177 1, subds. 1, The state auditor may audit TIF districts. If the state auditor notifies a TIF 2b. authority of an alleged violation, a copy of the notice is also forwarded to the county attorney. If no corrective action is brought within one year, the county attorney must notify the state auditor, who then notifies the attorney general. If the attorney general finds a substantial violation, the attorney general will petition the state tax court to suspend the authority's power to use TIF for a period of up to five years. HANDBOOK FOR MINNESOTA CITIES 15:15 This chapter last revised 12/1/2012 • Agricultural. • Private outdoor recreational, open space and park land. • Rural preserve property. • Metropolitan agricultural preserves. The authority to establish or approve a compact development district expired on June 30, 2012. Minn. stat. § 469.176, subd. 4c. TIF economic development districts must: • Request certification of the district no later than June 30, 2012. • Must begin construction before Jan. 1, 2012, for development of housing. Minn. stat. § 469.1761, subd. 2 These districts may not be used to assist housing that is developed to qualify or 3. for owner -occupied or rental housing, or similar requirements of other law, if construction of the project begins later than July 1, 2011. Minn. stat. § 469.176, subd. 4m. Cities have temporary authority to spend TIF funds to stimulate construction using economic development districts for any type of project if three conditions are met: • The municipality funds projects that will create new jobs in the state, including construction jobs, and the project otherwise would not have begun before July 1, 2012, without assistance. • Construction of the project begins no later than July 1, 2012. • The request for certification is made by June 30, 2012. Minn. Stat. § 469.176, subd. 4m For a development consisting of housing, the authority to spend tax (d)' increments expires Dec. 31, 2011, and construction must commence before July 1, 2011, except the authority to spend tax increments on market rate housing developments expires July 31, 2012, and construction must commence before Jan. 1, 2012. This temporary authority to spend the tax increment expires Dec. 31, 2012. Minn. stat. § 469.175, subd. 5. The city using TIF must report annually to the county board, the county auditor, the school board, and the state auditor as to the status of the TIF district or districts and publish the report. The state auditor has established a uniform system of accounting and financial reporting for TIF districts. The city must annually submit to the state auditor a financial report in compliance with these standards. Minn. stat. § 469.177 1, subds. 1, The state auditor may audit TIF districts. If the state auditor notifies a TIF 2b. authority of an alleged violation, a copy of the notice is also forwarded to the county attorney. If no corrective action is brought within one year, the county attorney must notify the state auditor, who then notifies the attorney general. If the attorney general finds a substantial violation, the attorney general will petition the state tax court to suspend the authority's power to use TIF for a period of up to five years. HANDBOOK FOR MINNESOTA CITIES 15:15 This chapter last revised 12/1/2012 CHAPTER 15 Minn. stat. § 469.177, subd. s. The TIF agreement with the developer is a complex document. Assistance Lake Superior Paper Indus. v. State, 624 N.W.2d 254 (Minn. froma financial advisor and the city attorney is necessary In Order t0 2001). Brookfield Trade Center anticipate the many potential problems. An agreement can establish a Lie. P. County of Ramsey, 609 minimum market value for tax increment assessment purposes, as well as N.W.2d 868 (Minn. 1998). provide that the developer pay a certain level of taxes regardless of any classification rate changes or levy decreases. The agreement should be entered into before the assembly and acquisition of the land on which the completed improvements are to be located. See Minn. stat. §§ 469.177, The 2001 tax reform legislation, which reduced class rates and provided for s°bas' 1b, 11, Minn' stat' § 469.1771, subd. I. Minn. Stat � e the state takeover of the general education levy, resulted in several changes 469.1793. Minn. stat. § to various statutes to accommodate the changes. These changes considerably 469.1814. reduce the continued viability of TIF in the future. Minn. stat. § 469.174. The law imposes a 180 -day statute of limitations on actions to challenge the creation or modification of a TIF district. The law is complex including a "but -for" finding before a city approves a TIF plan and the creation of a TIF district. Cities must follow statutory requirements including but not limited to administrative expenses, plan modifications, reporting requirements, use of increment in pre -1979 districts, excess increments, pooling, decertification, and use of funds outside the district. Minn, stat § 469.175. Before a district can be created, the law requires a detailed estimate of the impact of a proposed district on city -provided services, such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, in addition to other complex estimations must be prepared. Walser Auto Sales, Ire. v. Cin, of Cities should use extreme care in establishing a TIF district and should Riclt nn. C, 635 .2001) 391fi (Minn. Ct. App. 2001); a,Jj"d, 644 follow all procedural requirements; otherwise, a court may find the district p q N.W.2d 425 (Minn. 2002) was not properly established. In one case, a TIF district was not properly established where minimal effort was made to ensure the thorough inspection of the properties, inaccurate methodology was used to establish the condition of the buildings, and the buildings found structurally substandard were not reasonably distributed throughout the district. Chenoweth P. City gfNew In another case, a cause of action for inverse condemnation does not arise Brighton, 821 A2003) (Minn. Ct.. App..2003). where a city's involvement with an adjacent property owner's development consists of establishing a TIF district, entering into a contract with a private developer specifying the size and value of structures to be built, and providing for substantial city assistance to facilitate development. Given the complexity of the laws governing the use of TIF, cities or HRAs should not undertake this method of financing community development projects without the advice of an attorney and professional consultants. 15:16 LEAGUE OF MINNESOTA CITIES This chapter last revised 12/1/2012 CHAPTER 15 F. Property tax abatement Minn. stat. §§ 469.1812 to A city may use this development tool to segregate some or all of the taxes 469.1815. (or the increase in taxes) it imposes on a parcel of property if the city expects the benefits of the proposed abatement agreement at least to equal the costs of the proposed development. The term "abatement" is somewhat misleading, as in most cases the tax is not forgiven; it is paid normally, but the amount of property tax levied by the city is used to pay for the bonds. The city must determine that the agreement is in the public interest because it will increase or preserve tax base, provide employment opportunities, provide or help acquire or construct public facilities, help redevelop or renew blighted areas, or help provide access to services for residents of the city. Property taxes in a TIF district cannot be abated unless the period of the abatement will not occur until after the district is decertified. A resolution must be adopted after notice and public hearing, specifying the terms of the abatement. A city may issue bonds or other obligations to provide an amount equal to the sum of the abatements granted for a specific property. The maximum principal amount of these bonds may not exceed the estimated sum of the abatements for the property for the years authorized. The bonds may be general obligations of the city if the city council chooses to pledge the full faith and credit of the city in the resolution issuing the bonds. The law limits property tax abatements to 15 years. School districts and counties have similar abatement powers. A city, county, and school district can agree to abate their taxes on the same property. IV. State-sponsored development tools A. Minnesota Housing Finance Agency Minn. Stat. ch. 462A. For more The goals of the Minnesota Housing Finance Agency (MHFA) are to information about MHFA provide decent affordable housingto low- and moderate-incomepeople; p � programs, contact MHFA at 400 ' Sibley Street Suite 300, St. Paul, preserve the existing housing stock in Minnesota; preserve existing MN 55101-1998 (651) 296-7608 neighborhoods and prevent them from deteriorating; and prevent mortgage or (800) 657-3769. foreclosures while promoting energy conservation in residential housing. The Minnesota Legislature created the MHFA in response to a shortage of affordable housing for low- and moderate -income people. Private enterprise and private investment were unable, without public assistance, to provide an adequate supply of safe, sanitary, and decent housing at affordable prices and rents. HANDBOOK FOR MINNESOTA CITIES 15:17 This chapter last revised 12/1/2012 CHAPTER 15 Minn. stat. § 462A.073 et seg. The sale of state tax-exempt bonds is the primary financing for MFHA MHFA: Minnesota city programs. Through the Minnesota City Participation Program, Minnesota Participation Program. Housing sells mortgage revenue bonds on behalf of cities to meet locally identified housing needs. The proceeds of these bonds provide below-market interest rate home mortgage loans for low- and moderate -income, first-time homebuyers, or for the construction or rehabilitation of single- and multi- family housing. Appropriations from the Legislature provide additional funding for programs, including the promotion of energy conservation; an increase in home ownership opportunities for first time homebuyers; home improvement grants to very low-income homeowners; and programs to improve the housing available to Native Americans, large families, and people with disabilities. B. Department of Employment and Economic Development (DEED) Minn. stat. ch. L16J. The Minnesota Department of Employment and Economic Development is Minnesota Department of the primary development agency for Minnesota. DEED staff is responsible Employment and Economic for a wide range of grant and loan programs, as well as for providing Development. technical assistance to businesses and communities. Minn. star. §§ 116J.a11 to DEED also provides grants for contamination cleanup and redevelopment. A 116J.424. redevelopment account allows DEED to make grants to local units of Minn. stat. § 116J.575. government up to 50 percent of the cost of redeveloping blighted industrial, See, Minnesota Department of residential, or commercial property. DEED administers the rural Employment and Economic Development for Local development program; makes challenge grants to regional organizations to Government. encourage private investment in rural areas; and administers a revolving The USDA Development. loan,fund to provide loans to new and expanding business in rural Minnesota. Local government units, including cities, may receive these loans if the community has established a local revolving loan fund and can provide at least an equal match to the loan received. Minn. stat. § 116J.431. Cities outside the seven -county metropolitan area may receive grants from Greater Minnesota Business DEED for up to 50 percent of the capital costs of public infrastructure Development Infrastructure Grant necessary for certain specified economic development projects, excluding Program. retail and office space. For this program, "public infrastructure" means publicly owned physical infrastructure necessary to support economic development projects, including but not limited to sewers, water supply systems, utility extensions, streets, wastewater treatment systems, stormwater management systems, and facilities for pretreatment of wastewater to remove phosphorus. Minn. Stat. § 1161431, subd. 2. Under this law, an "economic development project" for which a county or city may be eligible to receive a grant under this section includes manufacturing; technology; warehousing and distribution; research and development; agricultural processing or industrial park development that would be used by any one of these businesses. Minn. stat. § 116J.435. DEED runs the Innovative Business Development Public Infrastructure (BDPI) program that provides grants to local governmental units on a competitive basis statewide for up to 50 percent of the capital cost of the public infrastructure necessary to expand or retain jobs. 15:18 LEAGUE OF MINNESOTA CITIES This chapter last revised 12/1/2012 CHAPTER 15 Innovative Business "Innovative business" means a business that is engaged in, or is committed Department o Program: to engage in innovation in Minnesota in one of the followin Depairtment of Employment and � g' Economic Development. • Using proprietary technology to add value to a product, process, or service in a high technology field. Minn. Stat. § 116J.435. • Researching or developing a proprietary product, process, or service in a high technology field. • Researching, developing, or producing a new proprietary technology for use in the fields of tourism, forestry, mining, transportation, or green manufacturing. "Proprietary technology" means the technical innovations that are unique and legally owned or licensed by a business and includes, without limitation, those innovations that are patented, patent pending, a subject of trade secrets, or copyrighted. 'Eligible project" means a bioscience an innovative business development capital improvement project in this state, including: • Manufacturing; technology; warehousing and distribution; research and development. • Bioscience innovative business incubator. • Agricultural bio -processing processing; or industrial, office. or • Research park development that would be used by a bioscience -based an innovative business. Minn. stat. § 272.02, subd. 64. DEED administers "tax-free" job opportunity building zones (JOBZ). In each of these zones, businesses will be eligible for a broad range of tax incentives for a period of 12 years. Under the program, local units of government, including cities, must submit applications to DEED and follow all statutory requirements related to JOBZ. C. Enterprise Minnesota Minn. stat. ch. 1160. Enterprise Minnesota is a nonprofit business consulting organization, set up by the Legislature that helps small and medium-sized manufacturing companies, education services, and government entities in Minnesota. Enterprise Minnesota operates as a fee -for -services 501(c) (3) nonprofit. Enterprise Minnesota 612-373- Enterprise Minnesota focuses on applied research and technology transfer 2900 or 800-325-3073. and early stage funding. It may provide financial assistance, including loan Minn. star. § 1160.061. guarantees, direct loans, interest subsidies, or equity investments, to sole proprietorships, corporations, other entities, nonprofit organizations, or joint ventures. Financial assistance includes but is not limited to assisting a qualified company or organization with business services and products that will enhance the operations of the entity. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/1/2012 15:19 CHAPTER 15 D. E-commerce ready cities Minn. stat. § 116J.037. As a tangential aid to encouraging development, the Department of DEED (651) 297-1291 or (800) Employment and Economic Development may designate cities that meet 657-3858. certain criteria as e-commerce ready. V. Federal development tools A. Community development block grants More information is available on The Community Development Block Grant (CDBG) program, under the the HUD web site. U.S. Department of Housing and Urban Development (HUD), provides cities with federal funding to initiate and continue a diverse array of housing and cormnunity development projects. B. Rural development grants For more information, contact E. Corporations Minn. stat. § 465.717. Minn. Cities must not create nonprofit corporations unless authorized to do so by Stat. § 471.59. special legislation. The law allows incorporation of a joint powers entity, but LMC1T risk information these must comply with all applicable public sector laws (open meeting' gift Liability Coverage for Joint Powers Agreements. law, conflicts of interest, competitive bidding, etc.) and must be separately also, Handbook, Chapter 25. insured. V. Federal development tools A. Community development block grants More information is available on The Community Development Block Grant (CDBG) program, under the the HUD web site. U.S. Department of Housing and Urban Development (HUD), provides cities with federal funding to initiate and continue a diverse array of housing and cormnunity development projects. B. Rural development grants For more information, contact A variety of grants and loans to encourage economic development are Development state office Rur410 available to cities from the U. S. Department of Agriculture, rural 410 Farm Credit Service Building 375 Jackson Street St. Paul, MN development program. Sewer, water, rural enterprise, housing, and other 55101-1853, (651) 602-7800; See types of grants and loans are available. also, Handbook, Chapter 25. 15:20 VI. How this chapter applies to home rule charter cities All of the tools this chapter lists are available to charter cities. The general discussions also apply to all cities. This chapter last revised 12/1/2012 LEAGUE OF MINNESOTA CITIES LAUDERDALE COUNCIL ACTION FORM F n Requested ing on X Meeting Date September 10, 2013 ITEM NUMBER Zoning Update STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In addition to the question of financial assistance by the City, folks representative Corval and Luther Seminary have asked what types of uses the City would like to see in a redevel- opment concept. They also ask how the Comp Plan guides the use of the land. My answer has been that the Comp Plan allows for a mixed use approach and that the City Council up- dated its Planned Unit Development ordinance with the expectation that redevelopment would be carried out through that tool. As that doesn't directly answer the question, their follow up questions have basically asked me to say "yes or no" to different uses. My an- swers have been based off the current zoning ordinance and council discussions to date. Much like the TIF Policy and the Business Subsidy Policy, the zoning for the B-1 district should also be updated. As you will recall, we started the zoning revision process a couple of years ago. It stopped when a court decision involving the City of Minnetonka threw a monkey wrench into the way City's had been granting variances. In May of 2011 the legislature addressed the con- cerns that evolved from that court decision and the ability of City Council's to grant vari- ances was essentially restored. Since that decision, we have not taken up the zoning ordi- nance revision process except the chapter on Planned Unit Developments. Attached is a copy of the City's current zoning map, the District Uses and Conditional Uses ordinances, and three pages of information from the League that defines what permitted and conditional uses are. I also attached the district uses from Falcon Heights and Roseville. Falcon Heights B-3 Snelling & Larpenteur District uses seemed most in line with what I think the Council would like the uses to be here. In Roseville, I would suggest the Council review the columns labeled Neighborhood Business (NB) and Community Business (CB). They demonstrate a broader depth of specificity in allowed uses than what our ordinance shows. You will also notice they are the types of uses commonly found in retail pockets that attract local residents and those in a couple mile area from the retail centers. This is the type of draw the City would need in the area to make a liquor store viable. The next step is a little daunting, to start identify uses that fit within the vision for the Lar- penteur Avenue Corridor. I suggest going through Falcon Height's and Roseville's allowed. uses and seeing what makes sense for the Council's vision. The City of Lauderdale 1996 Zoning Map Map 1 August 1997 ■■n I R-1 suburban Residential R-2 Urban Residential R-3 Multiple Residential B-1 Community Business 1-1 Industrial G1 Conservation Lake Right of Way Planned UnR Development % rW;sl a� - rW:s ■ `0 rte; ILIA L+L� .. ■ �fs7�J ra'Lm. o 1 I _ _fl150 26"A - LTL-fJ Idlift`.'J I 1O u r.M tr-On JNQJ man m-0 wam-rum u a :� ...A I S.ml a F11. L a Lr� !�1 WIN 1111111610 ,12. 11111LJ IL f ft", " ` l I rWr �;: ■.�:. use Li. ■z:7 W 5111116a FOS", ;EL"j u S Ewa I su MAE "Mal R�� iu ItitiNL� .:� �ItL.RPM.u. =0= Kr-i:i ■ ■.fes :�I.,t �.:..., "au1 r.�u «J 1 F� �uJ fdti�i lY1J ■ � .. _ 16110 E� I r�� rte, 5i.vlri■ Sol �. J rum � Q ■ � � y y �`W I:If�I L■�� �� 1 ■W� P.Vaul a�w. i�1+�� LwY1t�1 1 C N_� Iu Vii/ Ldfl(✓a 1 � � Fiu::i ■ a L�L�til� 7©��� 1111 ■ c■■■ r■.. i� ■ � ��� ' �Urt!�il�orF, �r �! u l\ - dLauderda n Nature 9 [4F E m m, OA LL N 350 0 350 Feet DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: You may also notice that Roseville put a significant amount of information on design stand- ards in their ordinance. Falcon Heights did to a less extent. That too may be information the Council wants to add to the zoning ordinance. Sign Ordinance: I spoke to Paul Muilenberg from Croix Oil this week. They are no further along in knowing how they envision the alley behind their new building working. That means the alley im- provement plans we have been discussing will need to be put on pause. I can address this further during the meeting. In a nutshell, Croix Oil is still very concerned about the Council's dislike of their proposed sign and the "reader board." They feel that needs to be resolved before they can move ahead with their rebuild plans. As you read in the last Friday Report, this is an issue that many cit- ies are grappling with. As the sign ordinance is also part of the zoning ordinance that affects the City's commercial corridor, we should consider updating them in tandem. LA605 CHAPTER 6 DISTRICT USES SECTION: 10-6-1: Permitted Uses 10-6-2: Conditional Uses 10-6-3: Roomers As Accessory Use 10-6.txt (1) 10-6-1: PERMITTED USES: The permitted uses for each zoning district are listed below: A. R-1, Suburban Residential: 1. Public parks and playgrounds; 2. Public schools; 3. Single family dwellings; and 4. Amateur radio antennas. B. R-2, Urban Residential: 1. Public parks and playgrounds; 2. Public schools; 3. Single family dwellings; and 4. Two family dwellings. C. R-3, Multiple Residential: 1. Churches; 2. Multiple family dwellings; 3. Public and parochial schools; 4. Public parks and playgrounds; and 5. Townhouses. LA605 Community Business: Commercial schools; . Eating and drinking places; Motor fuel stations; Offices and banks; . Parking lots; . Personal and professional services; . Public buildings; and . Retail business. E. I-1, Industrial: 10-6.txt (2) 1. Light manufacturing; 2. Motor fuel stations; 3. Offices; 4. Public buildings; 5. Research laboratories; 6. Testing laboratories; and 7. Warehousing. F. C-1, Conservation: 1. Open space recreational uses; and 2. Public parks and playgrounds., (Zoning Ord. as amd.) LA605 10-6.txt (3) 10-6-2: CONDITIONAL USES: The conditional uses listed below and others similar in nature, not detrimental to the integrity of the district, may be authorized by the Council in accordance with Chapter 12 of this Title. - A. R-1, Suburban Residential: 1. Antennas; 2. Charitable institutions; 3. Churches; 4. Day care -nursery schools; 5. Hospitals and clinics; 6. Nurseries and greenhouses; 7. Parochial schools; 8. Planned unit developments; 9. Private clubs and schools; 10. Public buildings; ' 11. Public utility buildings; 12. Two family dwellings; and 13. Telecommunications towers. B. R-2, Urban Residential: 1. Antennas; 2. Charitable institutions; 3. Churches; 4. Day care -nursery schools; 5. Hospitals and clinics; 6. Multiple family dwellings; 7. Parochial schools; 8. Planned unit development; 9. Private clubs and schools; 10. Public buildings; LA605 11. Public utility buildings; 12. Townhouses; and 13. Telecommunications towers. C. R-3, Multiple Residential: 1. Antennas; 2. Charitable institutions; 3. Hospitals and clinics; 4. Nursing homes; 5. Planned unit development; 6. Private clubs and schools; 7. Public buildings; 8. Public utility buildings; 9. Single family dwellings; 10. Two family dwellings; and 11. Telecommunications towers. www� D. B-1, Community Business: 1. Adult uses; 2. Animal clinics; 3. Antennas; 4. Auto sales, service and repair; 5. Commercial recreation; 5a.Day care centers (adopted 1987); 6. Funeral homes; 7. Hospitals and clinics; 8. Hotels and motels; 9. Multiple family dwellings; 10. Public utility buildings; 11. Research laboratories; 10-6.txt (4) LA605 10-6.txt (5) 12. Wholesale business; and 13. Telecommunications towers. E. I-1, Industrial: 1. Antennas; 2. Auto reductions and junk yards; 3. Auto sales, service, and repair; 4. Commercial recreation; 5. Manufacturing; 6. Public utility buildings; 7. Supply yards; 8. Truck terminals; 9. Wholesale business; and 10. Telecommunications towers. F. C-1, Conservation: 1. Commercial recreation; 2. Nurseries and greenhouses; 3. Public and parochial schools; 4. Public buildings; and 5. Public utility buildings. (Zoning Ord. as amd.) 6. Antennas; and 7. Telecommunications towers 10-6-3: ROOMERS AS ACCESSORY USE: The Board of Adjustments and Appeals may permit the accommodation of not more than two (2) nontransient roomers as an accessory use to a single family house provided that no sign is displayed. (Zoning Ord. as amd.) History of Amendments Since Codification: 9/24/02. LA605 CHAPTER 12 CONDITIONAL USES SECTION: 10-12-1: General Provision 10-12-2: Application; Fee 10-12-3: Review 10-12-4: Criteria For Approval 10-12-5: Performance Standards 10-12-1: GENERAL PROVISION: 10-12.txt (1) Conditional uses may be allowed or denied by the Council after recommendations by the Planning Commission in accordance with the criteria and provisions listed in this Chapter. (Zoning Ord. as amd.) 10-12-2: APPLICATION; FEE: Applications for conditional uses will be filed with the Zoning Administrator and shall be accompanied by: A. Fee: An application fee in an amount equal to that set by resolution of the Council from time to time. B. Site Plan: Five (5) copies of a site plan and supporting data which shows the size, location, and topography of the site; the use of adjacent land; the proposed size, bulk, use and location of buildings; the locations and proposed function of all yards, open spaces, parking areas, driveways, storage areas and accessory structures; the location of all utilities, the provisions for parking, moving or loading of vehicles; and the timing of construction proposed. C. Additional Information: Such other information as the Administrator may require. (Zoning Ord. as amd.) 10-12-3: REVIEW: The Administrator shall forward copies of the application to the Council and to the Planning Commission for review and approval. A. Planning Commission: The Planning Commission shall forward its recommendation to the Council within forty five (45) days unless the petitioner agrees in writing to a time extension. Failure of the Commission to act within the allotted time shall be deemed to be a favorable recommendation. B. City Council: 1. Approval; Additional Conditions: The Council may attach such LA605 10-12.txt (2) conditions as it deems necessary to the approval of any conditional use. The approved site plan and all attached conditions shall be accepted by the petitioner within thirty (30) days of approval by the Council. If not so accepted, the application is deemed denied and no further application for the same use may be made within six (6) months of such denial. All developments, construction and use shall be in accordance with the approved plan, unless a revised plan is submitted, approved and accepted. Any development contrary to the approved use plan is a violation of this Title. 2. Denial: If an application for a conditional use is denied by the Council, the denial shall be accompanied by written findings of the Council including supporting data submitted by a qualified consultant, if any, setting forth the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards and intent of this Title and is otherwise injurious to the public health, safety and welfare. (Zoning Ord. as amd.) 10-12-4: CRITERIA FOR APPROVAL: A conditional use may be approved by the Council if it is found to meet the following criteria: A. The proposed use conforms to the district and conditional use provisions and all general regulations of this Title. B. The proposed use meets all special standards which may apply to its class of conditional uses as set forth in this Title. C. The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of Section 10-12-5 of this Chapter. D. The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent building and properties. E. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the district in which it is located. F. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the district. G. The proposed use shall promote the objectives of this Title and shall be considered by the Council in the light of Land Use Plan of the City. (Zoning Ord. as amd.) 10-12-5: PERFORMANCE STANDARDS: Conditional uses shall comply with the requirements of this Section. In order to determine whether a proposed use will so LA605 10-12.txt (3) conform, the Council may obtain a qualified consultant to testify as to the proposed use. The cost for consultant services shall be charged to the applicant and payment thereof is a condition of approval. A. Fire Protection: Fire prevention and fighting equipment required by the Fire Prevention and Building Code shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. B. Electrical Disturbance: No activity associated with the use shall cause electrical disturbance adversely affecting radio or other electrical or electronic equipment in the vicinity of the use. C. Noise: Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled in accordance with generally accepted noise level standards or State -established standards. Fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement. D. Vibrations: Vibrations detectable without instruments on neighboring property in any district are prohibited. E. Odors: No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. State standards on odor emissions may be used in measuring such odors. F. Air Pollution: Air pollution shall be subject to the standards established by the Minnesota Pollution Control Agency. G. Glare: Lighting devices which produce directly reflected glare on adjoining properties or thoroughfares shall not be permitted. H. Erosion: No offensive erosion by wind or water shall be permitted onto adjacent properties. I. Water Pollution: Water pollution shall be subject to the standards established by the Minnesota Pollution Control Agency. (Zoning Ord. as amd.) RELEVANT LINKS: Chase r. City of Minneapolis, 401 N.W.2d 408 (Minn. 1981). Rose CliLandscape Nursery r. City of Rosemount, 467 N.W.2d 641 (Minn. Ct. App. 1991). See Section III -A, establishing pennitted and conditional uses. 1 3. Review of specific types of zoning applications Cities who have adopted a zoning ordinance need procedures to help them review the different types of zoning applications they receive. Cities typically receive applications for conditional use permits, interim uses, variances and requests for rezonings. As discussed above, all of these applications are subject to the 60 -Day Rule. However, this is where the similarities among the review procedures for each type of application ends. Each type of application requires a different standard of review, because state law (and likely local ordinance as well) establishes specific requirements for granting each type of application. a) Permitted uses Cities may vary in their administrative procedures for handling permitted uses. For example, some cities will have their building inspector confirm that a use is permitted and meets all applicable zoning rules at the time a building permit is issued with no other formal action from the city. Other cities, that may not enforce the State Building Code, may require all landowners seeking to develop or build to apply for a formal zoning permit. The permit is issued to confirm that that the use is permitted and/or meets all other applicable zoning standards. Regardless of the administrative procedures used, it is important to remember that a city may not impose additional conditions on a permitted use that fits the standards of city ordinance. Such actions are likely to be seen as arbitrary or denying the landowner equal protection and due process. Generally, a landowner is entitled to engage in the permitted use provided they have met all applicable requirements. Cities should regularly review their permitted uses to be certain that the listed permitted uses fit current city needs and circumstances. Permitted uses that may have previously been standard (such as carriage houses in residential districts), may be inappropriate on a modern city, residential block. As time passes, permitted uses may need to be reclassified as prohibited uses or transformed into conditional uses, where conditions may be imposed to prevent any negative secondary effects. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 30 RELEVANT LINKS: League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 31 b) Prohibited uses See section V -C, standards of Cities may receive applications requesting permission to engage in uses reviewing zoning applications: limits on city explicitly prohibited under the city's zoning ordinance. For example, a discretion. request to engage in industrial activities in a commercial zone. When a use is 6 inn. Stat. § 462.357, soba. prohibited, the city cannot allow the use unless an amendment to the city's Sunrise cake assn v. zoning ordinance is adopted in accordance with the procedures of the Chisago County Bd. of Com» r'rs, 633 N.W.2d 59 Municipal Planning Act. Cities are prohibited from granting variances or (Minn. Ct. App. 2001). conditional use permits to engage in prohibited uses. See Section V -C -3-d, requests for variances from the zoning ordinance. c) Conditional use permits Amoco oil Co. v. Cip, of The concept of a conditional use permit (CUP) was created to give cities Minneapolis, 395 N.W.2d 115 (Minn. Ct. App.,1986). more flexibility in zoning ordinance administration. Generally, conditional uses are uses that are often too problematic to be permitted uses as of right Zylka v. Cih, of Gystal, 167 N.W.2d 45 (Minn. 1969). in a district. However, since the use is still generally favorable or necessary, outright prohibition of the use is generally not practical or desired. A classic See Sample resolution granting a CUP. example of such a mixed positive/negative use is a gas station in a residential area. Conditional uses seek to strike a middle ground between See Sample resolution denying a CUP. outright, unchecked permissive establishment and complete prohibition. Conditional uses are uses that will be allowed if certain conditions (that minimize the problematic features of the use) are met. Minn. stat. § 462.3595. Cities must specify conditional uses in a city ordinance. Generally, a list of Zylka v. City of C,ystal, 167 conditional uses will be found alongside the permitted uses in a city N.W.2d 45, (Minn. 1969). ordinance. The ordinance must also establish what conditions or standards must be met to allow the conditional use. Ordinances that fail to establish standards for granting the listed conditional uses are problematic and potentially invalid. Minn. stat. § 462.3595. The city must grant the CUP if the applicant satisfies all the conditions Minn. Stat. § 462.3595, subd. 2. established in the ordinance. Schwardt v. County of Watonvon, 656 N.W.2d 383 (Minn. 2003). Yang v. County of Cmi,er, 660 N.W.2d 828 (Minn. Ct. App. 2003). Citizens,for a Balanced City v. Plymouth Congregational Church, 672 N.W.2d 13 (Minn. Ct. App. 2003). Trisko v. City of Waite Park, 566 N.W.2d 349 (Minn. Ct. App. 1997). A city may deny a CUP if the proposed use: League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 31 RELEVANT LINKS: Hubbard Broadcasting, Inc. . Does not meet the specific standards or conditions established in the r. City orAfton, 323 N.W.2d 757 (Minn. 1982). zoning ordinance; See section I -C Role of . Is not consistent with the city's officially adopted comprehensive plan; comprehensive planning in zoning ordinance adoption. • Endangers or is not compatible with the health, safety and welfare of the Supenvlmerica Group, Inc. r. public. City orLittle Canada, 539 N.W.2d 264 (Minn. Ct. App. 1995). In re Liningood, 594 N.W.2d When a local government denies a landowner a CUP without sufficient 889 (Minn. 1999). evidence to support its decision, a court can order the issuance of the permit subject to reasonable conditions. Minn. stat. § 462.3595, subd. Once a CUP is granted, a certified copy of the CUP (including a detailed list 4. of all applicable conditions) must be recorded with the county recorder or the registrar of titles, and must include a legal description of the land. Northpoint Plaza r. City of CUPS are considered property interests that run with the land—that is, they Rochester, 465 N.W.2d 686 (Minn, 1991). pass from seller to buyer when the land is sold or transferred. For this Snaza r. 00, of St Paul, 548 reason, time restrictions on a CUP are potentially invalid. In one instance, F 3d 1178 (8th Cit. 2008). Minn. stat. § 462.3597. however, the courts have supported the city's decision to issue a time- A.G. Op. 59-A-32 (February limited CUP. If the city wishes to issue a time-limited CUP, the city attorney 27, 1990). should be consulted. Upper Minnetonka Yacht Once issued, a CUP's conditions cannot be unilaterally altered by the city, Chub r. City of Shorewood, 770 NW 2d 184 (Minn. Ct. absent a violation of the CUP itself. App. 2009). d) Requests for variances from the zoning ordinance Variances are an exception to rules laid out in a zoning ordinance. They are See LMC information memo, Land Use Yan-iances. permitted departures from strict enforcement of the ordinance as applied to a particular piece of property if strict enforcement would cause the owner "practical difficulties." Variances are generally related to physical standards (such as setbacks or height limits) and may not be used to allow a use that is prohibited in the particular zoning district. Essentially, variances allow the landowner to deviate from the rules that would otherwise apply. Minn. Stat. § 462.354, subd. The law provides that requests for variances are heard by the board of 6. See Section V -B-5 Boards of adjustment and appeals. In many communities, the planning commission Adjustment and Appeals. serves this function. Generally, the board's decision is subject to appeal to the city council. Under the statutory practical difficulties standard, a landowner is entitled to a variance if the facts satisfy the three -factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 32 ARTICLE IV. - DISTRICT REGULATIONS S (a) (b) (c) and Larpenteur community business district. Page 1 of 2 r,,l CO k-7 4t�iS Scope. The provisions of this section apply to the B-3 Snelling and Larpenteur community business district. � 1 urpose an m en . (1) The district applies only to the northeast, northwest, and southwest quadrants of the Larpenteur and Snelling intersection. The district is designed to provide retail sales and services that serve the surrounding neighborhoods' and community's needs. Retail sales and services that serve a larger geographic area are available in larger, nearby business districts in adjacent cities. By limiting and controlling the uses that are permitted, the district is designed to be accessible to retail customers from the nearby neighborhoods and the community, to be compatible with the character of the neighborhoods and overall community, and to minimize the blighting influence on the surrounding residential neighborhoods. (2) Furthermore, the district provides for and encourages compact centers for retail sales and services by grouping businesses into patterns of workable relationships that complement each other. The district is designed to be easily accessible to users. It excludes highway oriented and other high traffic volume businesses that would tend to disrupt the cohesiveness of the shopping center or its circulation patterns and shared parking arrangements. Permitted uu No structure or land shall be used except for the following uses: (�) Auto parts and accessory stores. (2) Apparel and accessory stores. (3) Beauty shops and barbershops. (4) Bowling alleys. (5) Coin and philatelic (stamp) stores. (6) Commercial art services. (7) Commercial photography services. (8) Computer programming and data processing services. (9) Dance studios, schools and halls. (10) Eating establishments. (11) Financial institutions and insurance establishments with hours open to the public no earlier than 8:00 a.m. and no later than 6:00 p.m. An automatic teller machine may operate 24 hours a day. (12) Food stores, excluding the outdoor sales of produce, meat and seafood. (13) Garment pressing, and agents for laundries and dry cleaners. (14) Hardware stores. (15) Health services, offices and clinics. (16) Home furnishing, appliance and equipment stores. (17) Laundry and garment services. (18) Laundromats - self serve. (19) Mailing services. (20) Miscellaneous retail establishments, including antique stores but excluding fuel dealers and gun shops. (21) Motion picture theaters. (22) Offices, business and professional. (23) Office supply and art supply stores, retail. (24) Paint, glass and wallpaper stores, retail. (25) Personal service establishments as follows: tax return preparation services, diet centers, costume and dress suit rental stores, photograph services. (26) Photographic studios, portrait. (27) Physical fitness facilities. (28) Precious metal dealers with a precious metal dealer license. (29) Photocopying and duplicating shops, provided not more than six employees are employed on the premises at one time. (30) Public and essential service uses. (31) Schools and studios for art, music and interior design. (32) Secretarial and stenographic services. (33) Tanning salons. (34) Therapeutic massage enterprise. (35) Video rental stores. (d) Co The following uses are permitted subject to the issuance of a CUP: (1) Animal grooming and pet stores provided there shall be no boarding of animals on the site. (2) Basement storage of goods not sold on the premises provided that the space is completely finished and ready for use, is sprinkled, has elevator access, provides two pedestrian accesses, has an existing loading dock or area that does not conflict with adjacent residential areas or entry to businesses and is approved by the city fire marshal. (3) Car washes which are accessory to the principal use and meet the requirements for service stations, section 113-383 (4) Child care and nursery school facilities subject to licensing by the state. (5) Charitable gambling establishments as a principal use in accordance with the city's licensing requirements, section 30-4 (6) Custom manufacturing of handmade goods that are sold on the premises provided the manufacturing operation is incidental to a retail operation. (7) Drinking establishments, bars and taverns, subject to the city's licensing requirements, chapter 6, article II of this Code. (8) Gun shops are a conditional use on the northwest corner of Snelling and Larpenteur as long as the following conditions exist: http://library.municode.com/HTML/14127/level3/PTIILADERE—CHI 13ZO—ARTIVDIRE.... 9/6/2013 ARTICLE IV. - DISTRICT REGULATIONS Page 2 of 2 a. A minimum of 1,000 feet from any residential zone except for a minimum of 150 feet from any residential zone when the residential zone is buffered by a separate commercial facility. b• A minimum of 750 feet from any park. C. A minimum of 1,000 feet from any public or private preschool, elementary or secondary school or church. (9) Hotels and motels by PUD. (10) Motor fuel or service stations subject to the design and performance standards as specified in section 113-383 (11) Multifamily housing by PUD. (12) Satellite communications dishes as an accessory use. (13) Secondhand goods store, as defined in this chapter. (14) Veterinary clinics with no boarding of animals on the site and no external runs. (e) Permitted accessory uses. (1) Any accessory use permitted in section 113-177(e). (2) Limited repair and service operations which are incidental to a principal use. (3) One pool table per 2,000 square feet of area excluding area devoted to bowling lanes and one video or electronic game per 300 square feet of area excluding area devoted to bowling lanes are permitted accessory uses to a bowling alley. (4) The limited sale of used merchandise is allowed as an accessory use, but only if the following conditions are met: a• The sale of used merchandise must be clearly incidental to the sale of new merchandise of the same general type. b. The used merchandise which is sold on the premises must be acquired by the owner of the principal use only on a "trade-in" basis from customers trading in used merchandise at the time they purchase new merchandise of the same general type. C. The portion of used merchandise on the premises may not, at any time, occupy more than ten percent of the sales area of the premises. (f) Other requirements. All uses shall, in addition to all other requirements, apply the following standards: (1) No bars on doors or windows during business hours. (2) No automatic interior or exterior security lock doors that require request for entry or exit during business hours. (3) No exterior storage of merchandise. (4) No exterior sales of merchandise except twice a year for three days at a time as a sidewalk sale. (9) Building height and yard requirements. (1) Maximum principal building height is three stories or 35 feet, except as provided for in section 113-243. Accessory buildings are subject to section 113-240(f). (2) Minimum building yard requirements: a. Front, 30 feet. b. Side, 20 feet, but 30 feet if abutting a street and 40 feet if abutting an R district. No side yard shall be required for a party wall subject to section 113-241 C. Rear, 20 feet, but ten feet if abutting an alley. d. Maximum lot coverage, 75 percent. This requirement shall only apply to sites that abut an R district to provide sufficient land area for buffering, landscaping and screening. Coverage may be increased by the city if a permanent screen or buffer, other than a wooden fence, is constructed which provides 100 percent yearround opacity for adjacent residential areas after approval by the city council and review by the planning commission. (Code 1993, § 9-10.01; Ord. No. 0-89-2, 1-11-1989; Ord. No. 0-91-8, § 1, 5-22-1991; Ord. No. 0-93-07, § 3, 7-28-1993; Ord. No. 0-94-05, § 4, 3-23-1994; Ord. No. 0-95-01, §§ 3, 4, 5-10-1995; Ord. No. 97-03, § 1, 6-25-1997; Ord. No. 0-99-09, § 8, 12-15-1999; Ord. No. 00-02, §§ 6, 7, 9, 7-26-2000; Ord. No. 06-03, § 4, 9-13-2006) http://library.municode.com/HTML/14127/level3/PTIILADERE—CHI 13ZO—ARTIVDIRE.... 9/6/2013 Roseville, MN - Official Website - Chapter 1005 Commercial & Mixed -Use Districts Page 1 of 15 You are here: Home > City Government > City Code > Title 10 Zoning > Chapter 1005 Commercial & Mixed -Use Chapter 1001 Introduction Districts Chapter 1002 Administration and Chapter 1005 Commercial and Mixed -Use Districts Enforcement Chapter 1003 SECTION: Establishment of Districts, 1005.01: Statement Of Purpose Boun 1005.02: Design Standards 1005.03: Table of Allowed Uses Chapter 1004 Residential 1005.04: Neighborhood Business (NB) District Districts 1005.05: Community Business (CB) District Chapter 1005 Commercial 1005.06: Regional Business (RB) District & Mixed -Use Districts 1005.07: Community Mixed -Use (CMU) District Chapter 1006 View a PDF version of this Chapter with illustrations 361 KB PDF Employment Districts Chapter 1007 Institutional 1005.01: Statement Of Purpose District The commercial and mixed-use districts are designed to: A. Promote an appropriate mix of commercial development types within the Chapter 1008 Park and community; Recreation District B. Provide attractive, inviting, high-quality retail shopping and service areas that are Chapter 1009 Procedures conveniently and safely accessible by multiple travel modes including transit, walking, and bicycling; Chapter 1010 Sign C. Improve the community's mix of land uses by encouraging mixed medium- and Regulations high-density residential uses with high-quality commercial and employment uses in Chapter 1011 Property designated areas; D. Encourage appropriate transitions between higher -intensity uses within Performance Standards commercial and mixed use centers and adjacent lower -density residential districts; Chapter 1012 and Nonconforming Uses E. Encourage sustainable design practices that apply to buildings, private Chapter 1013 General development sites, and the public realm in order to enhance the natural Requirements environment. Chapter 1014 Conditional 1005.02: Design Standards Use Permits; Varianc The following standards apply to new buildings and major expansions of existing Chapter 1015 buildings (i.e., expansions that constitute 50% or more of building floor area) in all Administration commercial and mixed-use districts. Design standards apply only to the portion of the building or site that is undergoing alteration. Chapter 1016 A. Corner Building Placement: At intersections, buildings shall have front and side Amendments facades aligned at or near the front property line. Chapter 1017 Shore, B. Entrance Orientation: Where appropriate and applicable, primary building entrances shall be oriented to the primary abutting public street. Additional Wetland and Storm Water entrances may be oriented to a secondary street or parking area. Entrances shall be M clearly visible and identifiable from the street and delineated with elements such as Chapter 1018 Erosion and roof overhangs, recessed entries, landscaping, or similar design features. (Ord. Sedimentation Contro 1415, 9-12-2011) C. Vertical Facade Articulation: Buildings shall be designed with a base, a middle, Chapter 1019 Parking and and a top, created by variations in detailing, color, and materials. A single -story Loading Areas building need not include a middle. Chapter 1020 Sexually 1. The base of the building should include elements that relate to the human scale, Oriented Uses including doors and windows, texture, projections, awnings, and canopies. 2. Articulated building tops may include varied rooflines, cornice detailing, dormers, Chapter 1021 Floodplain gable ends, stepbacks of upper stories, and similar methods. Regulations D. Horizontal Facade Articulation: Facades greater than 40 feet in length shall be Chapter 1022 zoning visually articulated into smaller intervals of 20 to 40 feet by one or a combination of Overlay District Twin Lak the following techniques: 1. Stepping back or extending forward a portion of the facade; 2. Variations in texture, materials or details; http://www.ci.roseville.mn.us/index.aspx?NID=1715 9/6/2013 Roseville, MN - Official Website - Chapter 1005 Commercial & Mixed -Use Districts Page 2 of 15 J. LJIVIJIUI1 II ILL) JIUI CI I UI IIJ, nosevu�e usLens 5. Placement of doors, windows and balconies. • Request Servkes • Ask Questions E. Window and Door Openings: • Receive Updates 1. For nonresidential uses, windows, doors, or other openings shall comprise at least 60% of the length and at least 40% of the area of any ground floor facade fronting a public street. At least 50% of the windows shall have the lower sill within three feet of grade. 2. For nonresidential uses, windows, doors, or other openings shall comprise at least 20% of side and rear ground floor facades not fronting a public street. On upper stories, windows or balconies shall comprise at least 20% of the facade area. 3. On residential facades, windows, doors, balconies, or other openings shall comprise at least 20% of the facade area. 4. Glass on windows and doors shall be clear or slightly tinted to allow views in and out of the interior. Spandrel (translucent) glass may be used on service areas. 5. Window shape, size, and patterns shall emphasize the intended organization and articulation of the building facade. 6. Displays may be placed within windows. Equipment within buildings shall be placed at least 5 feet behind windows. F. Materials: All exterior wall finishes on any building must be one or a combination of the following materials: face brick, natural or cultured stone, textured pre -cast concrete panels, pre -colored or factory stained or stained on site textured concrete block, stucco, glass, pre -finished metal, fiberglass or similar materials, or cor-ten steel (other than unpainted galvanized metal or corrugated materials). Other new materials of equal quality to those listed may be approved by the Community Development Department. G. Four-sided Design: Building design shall provide consistent architectural treatment on all building walls. All sides of a building must display compatible materials, although decorative elements and materials may be concentrated on street -facing facades. All facades shall contain window openings. This standard may be waived by the Community Development Department for uses that include elements such as service bays on one or more facades. H. Maximum Building Length: Building length parallel to the primary abutting street shall not exceed 200 feet without a visual break such as a courtyard or recessed entry, except where a more restrictive standard is specified for a specific district. I. Garages Doors and Loading Docks: Loading docks, refuse, recyclables, and/or compactors shall be located on rear or side facades and, to the extent feasible, garage doors should be similarly located. Garage doors of attached garages on a building front shall not exceed 50% of the total length of the building front. Where loading docks, refuse, recyclables, and/or compactors abut a public street frontage, a masonry screen wall comprised of materials similar to the building, or as approved by the Community Development Department, shall be installed to a minimum height to screen all activities. (Ord. 1415, 9-12-2011) 1. Rooftop Equipment: Rooftop equipment, including rooftop structures related to elevators, shall be completely screened from eye level view from contiguous properties and adjacent streets. Such equipment shall be screened with parapets or other materials similar to and compatible with exterior materials and architectural treatment on the structure being served. Horizontal or vertical slats of wood material shall not be utilized for this purpose. Solar and wind energy equipment is exempt from this provision if screening would interfere with system operations. 1005.03: Table of Allowed Uses Table 1005-1 lists all permitted and conditional uses in the commercial and mixed use districts. A. Uses marked as "P" are permitted in the districts where designated. B. Uses marked with a "C" are allowed as conditional uses in the districts where designated, in compliance with all applicable standards. C. Uses marked as "NP" are not permitted in the districts where designated. D. A "Y" in the "Standards" column indicates that specific standards must be complied with, whether the use is permitted or conditional. Standards for permitted uses are included in Chapter 1011 of this Title; standards for conditional uses are included in Section 1009.02 of this Title. E. Combined Uses: Allowed uses may be combined within a single building, meeting the following standards: 1. Residential units in mixed-use buildings shall be located above the ground floor or on the ground floor to the rear of nonresidential uses; 2. Retail and service uses in mixed-use buildings shall be located at ground floor or lower levels of the building; and 3. Nonresidential uses are not permitted above residential uses. Table 1005-1 NB CB RB CMU Standards Office Uses http://www.ci.roseville.mn.us/index.aspx?NID=1715 9/6/2013 Roseville, MN - Official Website - Chapter 1005 Commercial & Mixed -Use Districts Page 3 of 15 Office P P P P Clinic, medical, dental or optical P P P P Office showroom NP P P P Retail, general and personal P P P P service* Commercial Uses Animal boarding, kennel/day care (indoor) P P P P Y Animal boarding, kennel/day care (outdoor) NP C C NP Y Animal hospital, veterinary clinic P P P P Y Bank, financial institution P P P P Club or lodge, private P P P P Day care center P P P P Y Grocery store C P P P Health club, fitness center C P P P Learning studio (martial arts, visual/performing arts) C P P P Liquor store C P P P Lodging: hotel, motel NP P P P Mini -storage NP P P NP Mortuary, funeral home P P P P Motor fuel sales (gas station) C P P C Y Motor vehicle repair, auto body shop NP C P C Y Motor vehicle rental/leasing NP P P NP Y Motor vehicle dealer (new vehicles) NP NP P NP Movie theater, cinema NP P P P Pawn shop NP I C I C NP Parking C C C C Restaurant, Fast Food NP P P P Restaurant, Traditional P P P P Residential Family Living Dwelling, one -family attached (townhome, rowhouse) NP NP NP P Dwelling, multi -family (3-8 units per building) NP NP NP P Dwelling, multi -family (upper stories in mixed-use building) P P NP P Dwelling, multi -family (8 or more units per building) _ C NP NP P Dwelling unit, accessory NP NP NP C Y Live -work unit C NP NP P Y Residential - Group Living Community residential facility, state licensed, serving 7-16 persons C NP NP C Y Dormitory NP NP NP C Nursing home, assisted living facility C C C C Y Civic and Institutional Uses College, or post -secondary school, campus NP NP P P Y College or post -secondary school, office -based P P P P Y Community center, library, municipal building NP NP P P Place of assembly P P P P Y School, elementary or secondary NP NP P P Y http://www.ci.roseville.mn.us/index.aspx?NID=1715 9/6/2013 Roseville, MN - Official Website - Chapter 1005 Commercial & Mixed -Use Districts Page 4 of 15 Theater, performing arts center I NP I NP P P Y Utilities and Transportation Essential services P P P P building setback Park-and-ride facility NP P P P Transit center NP P P P building setback Accessory Uses, Buildings, and Structures Accessory buildings for storage of domestic or business supplies and equipment P P P P Y Accessibility ramp and other accommodations P P P P Detached garage and off-street parking spaces P P P P Y Drive-through facility NP C C NP Y Gazebo, arbor, patio, play equipment P P P P Y Home occupation P NP NP P Y Renewable energy system P P P P Y Swimming pool, hot tub, spa P P P P Y Telecommunications tower C C C C Y Tennis and other recreational courts C C P P Y Temporary Uses Temporary building for P P P P Y construction purposes Sidewalk sales, boutique sales P P P P Y Portable storage container P P P P Y (Ord. 1427, 7-9-2012) 1005.04: Neighborhood Business (NB) District A. Statement of Purpose: The Neighborhood Business District is designed to provide a limited range of neighborhood -scale retail, service, and office uses in proximity to residential neighborhoods or integrated with residential uses. The NB district is also intended to: 1. Encourage mixed use at underutilized retail and commercial intersections; 2. Encourage development that creates attractive gateways to City neighborhoods; 3. Encourage pedestrian connections between Neighborhood Business areas and adjacent residential neighborhoods; 4. Ensure that buildings and land uses are scaled appropriately to the surrounding neighborhood; and 5. Provide adequate buffering of surrounding neighborhoods. B. Design Standards: The standards in Section 1005.02 shall apply except building length parallel to the primary abutting street shall not exceed 160 feet without a visual break such as a courtyard or recessed entry. C. Dimensional Standards: Table 1005-2 Minimum lot area No requirement Maximum building height 35 feet Minimum front yard No requirement building setback Minimum side yard 6 feet where windows are located on a side wall or building setback on an adjacent wall of an abutting property 10 feet from residential lot boundary Otherwise not required Minimum rear yard 25 feet from residential lot boundary building setback 10 feet from nonresidential boundary Minimum surface parking 5 feet setback D. Residential Density: Residential densities shall not exceed 12 units per acre. E. Improvement Area: The total improved area, including paved surfaces and the http://www.ci.roseville.mn.us/index.aspx?NID=1715 9/6/2013 Roseville, MN - Official Website - Chapter 1005 Commercial & Mixed -Use Districts Page 5 of 15 footprints of principal and accessory buildings and structures, shall not exceed 85% F. Frontage Requirement: Buildings at corner locations shall be placed within five feet of the lot line on either street for a distance of at least 20 feet from the corner. G. Parking Placement: Surface parking shall not be located between the front facade of a building and the abutting street. Parking shall be located to the rear or side of the principal building. Parking abutting the primary street frontage is limited to 50% of that lot frontage. H. Screening from Residential Property: Screening along side and rear lot lines abutting residential properties is required, consistent with Chapter 1011 of this Title. 1005.05: Corninunity Business (CB) District A. Statement of Purpose: The Community Business District is designed for shopping areas with moderately scaled retail and service uses, including shopping centers, freestanding businesses, and mixed-use buildings with upper -story residential uses. CB Districts are intended to be located in areas with visibility and access to the arterial street system. The district is also intended to: 1. Encourage and facilitate pedestrian, bicycle and transit access; and 2. Provide adequate buffering of surrounding neighborhoods. B. Dimensional Standards: Table 1005-3 Minimum Lot Area No requirement Maximum building height 40 feet Front yard building setback (min - 0 to 25 feeta max) Minimum side yard building setback 6 feet where windows are located on a side wall of an abutting property 10 feet from residential lot boundaryb Otherwise not required Minimum rear yard building setback 25 feet from residential lot boundary 10 feet from nonresidential boundary Minimum surface parking setback 5 feet a Unless it is determined by the Community Development Department that a certain setback minimum distance is necessary for the building or to accommodate public infrastructure. b Unless greater setbacks are required under Section 1011.12 E.I. of this Title. C. Residential Density: Residential densities shall not exceed 24 units per acre. D. Improvement Area: The total improved area, including paved surfaces and footprints of principal and accessory buildings and structures, shall not exceed 85% of the total parcel area. E. Frontage Requirement: A minimum of 30% of building facades abutting a primary street shall be placed within 25 feet of the front lot line along that street. F. Surface Parking: Surface parking on large development sites shall be divided into smaller parking areas with a maximum of 100 spaces in each area, separated by landscaped areas at least 10 feet in width. Landscaped areas shall include pedestrian walkways leading to building entrances. G. Parking Placement: When parking is placed between a building and the abutting street, the building shall not exceed a maximum setback of 85 feet, sufficient to provide a single drive aisle and two rows of perpendicular parking along with building entrance access and required landscaping. This setback may be extended to a maximum of 100 feet if traffic circulation, drainage, and/or other site design issues are shown to require additional space. Screening along side and rear lot lines abutting residential properties is required, consistent with Chapter 1011 of this Title. 1005.06: Regional Business (RB) District A. Statement of Purpose: The RB District is designed for businesses that provide goods and services to a regional market area, including regional -scale malls, shopping centers, large -format stores, multi -story office buildings and automobile dealerships. RB Districts are intended for locations with visibility and access from the regional highway system. The district is also intended to: 1. Encourage a "park once" environment within districts by enhancing pedestrian movement and a pedestrian -friendly environment; http://www.ci.roseville.mn.us/index.aspx?NID=1715 9/6/2013 Roseville, MN - Official Website - Chapter 1005 Commercial & Mixed -Use Districts Page 6 of 15 Z_ F_iiwuiayc inyn yuanLy uuuuniy anu aiLc ucbiyii w niueaac Lill--vibuai aNNcai 011U -. ibility of development in the RB District; and 3. Provide adequate buffering of surrounding neighborhoods. B. Design Standards: The standards in Section 1005.02 shall apply except that ground floor facades that face or abut public streets shall incorporate one or more of the following features along at least 60% of their horizontal length: 1. Windows and doors with clear or slightly tinted glass to allow views in and out of the interior. Spandrel (translucent) glass may be used on service areas; 2. Customer entrances; 3. Awnings, canopies, or porticoes; and 4. Outdoor patios or eating areas. C. Dimensional Standards: Table 1005-4 Minimum lot area No requirement Maximum building height 65 feet; taller buildings may be allowed as conditional use Minimum front yard building No requirement (see frontage requirement setback below) Minimum side yard building 6 feet where windows are located on a side setback wall or on an adjacent wall of an abutting property 10 feet from residential lot boundary Otherwise not required Minimum rear yard building 25 feet from residential lot boundary setback 10 feet from nonresidential boundar a Minimum surface parking 5 feet setback a Unless greater setbacks are required under Section 1011.12 E.1. of this Title. D. Improvement Area: The total improved area, including paved surfaces and footprints of principal and accessory buildings or structures, shall not exceed 85% of the total parcel area. E. Frontage Requirement: A development must utilize one or more of the three options below for placement of buildings and parking relative to the primary street: 1. At least 50% of the street frontage shall be occupied by building facades placed within 20 feet of the front lot line. No off-street parking shall be located between the facades meeting this requirement and the street. 2. At least 60% of the street frontage shall be occupied by building facades placed within 65 feet of the front lot line. Only 1 row of parking and a drive aisle may be placed within this setback area. 3. At least 70% of the street frontage shall be occupied by building facades placed within 85 feet of the front lot line. Only 2 rows of parking and a drive aisle may be placed within this setback area. F. Access and Circulation: Within shopping centers or other large development sites, vehicular circulation shall be designed to minimize conflicts with pedestrians. G. Surface Parking: Surface parking on large development sites shall be divided into smaller parking areas with a maximum of 100 spaces in each area, separated by landscaped areas at least 10 feet in width. Landscaped areas shall include pedestrian walkways leading to building entrances. H. Standards for Nighttime Activities: Uses that involve deliveries or other activities between the hours of 10:00 P.M. and 7:00 A.M. (referred to as "nighttime hours") shall meet the following standards: 1. Off-street loading and unloading during nighttime hours shall take place within a completely enclosed and roofed structure with the exterior doors shut at all times. 2. Movement of sweeping vehicles, garbage trucks, maintenance trucks, shopping carts, and other service vehicles and equipment is prohibited during nighttime hours within 300 feet of a residential district, except for emergency vehicles and emergency utility or maintenance activities. 3. Snow removal within 300 feet of a residential district shall be minimized during nighttime hours, consistent with the required snow management plan. 1005.07: Community mixed -Use (CICU) (District A. Statement of Purpose: The Community Mixed -Use District is designed to encourage the development or redevelopment of mixed-use centers that may http://www.ci.roseville.mn.us/index.aspx?NID=1715 9/6/2013 Roseville, MN - Official Website - Chapter 1005 Commercial & Mixed -Use Districts Page 7 of 15 are intended to identify general locations and required connections but not to constitute preliminary or final engineering. 2. Street Type: The regulating plan may include specific street design standards to illustrate typical configurations for streets within the district, or it may use existing City street standards. Private streets may be utilized within the CMU District where defined as an element of a regulating plan. 3. Parking a. Locations: Locations where surface parking may be located are specified by block or block face. Structured parking is treated as a building type. b. Shared Parking or District Parking: A district -wide approach to off-street parking for nonresidential or mixed uses is preferred within the CMU district. Off-street surface parking for these uses may be located up to 300 feet away from the use. Off-street structured parking may be located up to 500 feet away from the use. c. Parking Reduction and Cap: Minimum off—street parking requirement for uses within the CMU district may be reduced to 75% of the parking requirements in Chapter 1019 of this Title. Maximum off-street parking shall not exceed the minimum requirement unless the additional parking above the cap is structured parking. 4. Building and Frontage Types: Building and frontage types are designated by block or block face. Some blocks are coded for several potential building types; others for one building type on one or more block faces. 5. Build to Areas: Build to Areas indicate the placement of buildings in relation to the street. 6. Uses: Permitted and conditional uses may occur within each building type as specified in Table 1005-01, but the vertical arrangement of uses in a mixed-use building may be further regulated in a regulating plan (Ord. 1415, 9-12-2011) C. Regulating Plan Approval Process: A regulating plan may be developed by the City as part of a zoning amendment following the procedures of Section 1009.06 of this Title and thus approved by City Council. (Ord. 1415, 9-12-2011) D. Amendments to Regulating Plan: Minor extensions, alterations or modifications of proposed or existing buildings or structures, and changes in street alignment may be authorized pursuant to Section 1009.05 of this Title. (Ord. 1415, 9-12-2011) E. Twin Lakes Sub -Area 1 Regulating Plan Map: flgwc 1004:'twin I.A^Sbi,Ato I RrgolalAig Mm AIV - http://www.ci.roseville.mn.us/index.aspx?NID=1715 9/6/2013