3.3 (2) rk,/
Item # 3�3.
City of �
Elk liver. MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Senior Planner,
DATE: February 13, 2001
SUBJECT: Case No. OA 01-01
Request by the City of Elk River to Amend the Cluster Subdivision
Ordinance
Request
Consider a request by the City of Elk River to amend the cluster subdivision
ordinance
Attachments
• Existing ordinance
• Design standards — Liberty on the Lake
Overview
It has been about 1 year since the City adopted the cluster ordinance. Since its
adoption we have approved four cluster developments: Windsor Park, Rolling
Hills, Whitetail Ridge and Meadowwoods Village. Preliminary application for a
fifth development, Ridges at Rice Lake, is before the Commission this month.
With each new development, staff, the City Council and the Planning
Commission have noted or commented on sections of the ordinance that could
be fine-tuned. At the December 12th workshop the Commission discussed staff
and Council comments and offered their own. I would like to reiterate staff,
Council and the Commission's comments below:
• Leap frog development—the cluster ordinance seems to be encouraging
development of agricultural property at the far corners of the City. The
density bonus for the agricultural district may be too high.
• Quality of open space —the quality of the preserved open space is lower
• than what was anticipated. The ordinance could be adjusted so that higher
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763) 441-7425
Memo to Planning Commission/OA 01-01
February 13,2001
Page 2
quality usable open space is preserved. One option might be to include a
certain percentage of"buildable area" as part of the preserved open •
space; another option would be to include portions of the shoreline
ordinance's section on design criteria for PUDs.
• The ordinance should include a clear mechanism for the City to say "no,
this property is not suitable for cluster development".
• Accessory structures on open space —When open space is left as outlots,
which is how open space is currently being platted, building permits can
not be issued for those lots. Platting open space as a lot would allow the
homeowners association to pull building permits for the construction of
accessory structures, if the covenants and deed restrictions allow.
• We need to better define the term "architectural theme". Should it include
items such as landscaping, signage, lighting and accessory structures.
Design standards, similar to those approved as part of a PUD, could also
be used.
• We need to clarify the density bonus calculation formula
• In order to give developments a more pedestrian feel, front yard setbacks
could be reduced to 20 feet.
•
• Eliminate architectural themes as a bonus; make them a requirement.
Responses to Comments
The following ideas on how to address the above concerns are offered for the
Commission's consideration. Staff will take the Commission's comments and
incorporate them into a formal ordinance amendment next month.
Leap frog development
One method to discourage leap frog development would be to reduce the
density bonus in the agricultural district. Currently the density formula for the
agricultural district is to divide the size of the property to be developed by 10
then multiply by 2.15 (120 ac. / 10) x 2.15 = 25.8 or 26 lots. If the density
bonus were lowered, there would be less incentive to develop the agricultural
land.
Another method might be to limit the use of cluster development to within a
certain distance of existing platted property. Property, in order to be platted as
a cluster development, would have to be within a 1/2 mile or a mile of an
existing plat. •
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February 13,2001
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1111 The ordinance could also be amended to eliminate the cluster option in the
Al district. This would limit open space development to the R1 a District south
of County Road 33.
Quality of open space
One way to preserve higher quality open space would be to include a certain
percentage of"buildable area" as open space. Buildable area is defined as
gross land area less the land that includes floodways, hydric and restrictive
soils, lands with slopes greater than 33%, wetlands, and areas that can not
accommodate septic systems. Currently the percent of open space is based
on "eligible land". Eligible land includes all land except type 3, 4 and 5
wetlands, street right-of-way and areas occupied by streams, rivers or lakes.
Eligible land is much less restrictive than buildable land.
When determining percentage of open space at least a certain percentage
(25% -50%) of the total open space must be buildable area, the remaining
could be eligible land. The ordinance could also be amended to give the City
the option of requiring that shoreland and areas along streams be included as
preserved open space.
Architectural Theme
• We need to better define what type of standards the city would like included
as architectural themes. As an example of what other developments are
doing, I have attached the design standards for a cluster development in
Stillwater called "Liberty on the Lake". Another method to address the issue of
architectural standards is to make them a requirement and eliminate them as
an optional bonus feature.
Front Yard Setback
This issue is related to the architectural theme. Often, when designing open
space developments, a pedestrian friendly environment is desired. This can
be made more difficult with the standard 30 foot front yard setback, which is
what is currently required in our ordinance. In order to allow more flexibility
and allow for additional tree preservation, the front yard setback could be
reduced to 20 feet. This would bring the house closer to the street while still
allowing adequate space for off street parking.
Density Bonus Calculations
It is currently not clear how the 5% density bonus should be calculated,
whether it is based on zoning district density or the open space density. The
•
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intention was that it should be based on the zoning district density, and the
following formula should be included to make it clear: •
R1 a district - eligible land 24 ac.
Density bonus: (24/2.5) x .05 = .48
In this example each 5% density bonus would be worth .48 lots
Al district - eligible land 42 ac.
Density bonus: (42/10) x .05 = .21
In this example each 5% density bonus would be worth .21 lots
Accessory Structures on Open Space
In order to issue building permits, the property has to be platted. Building
permits cannot be issued for outlots. Therefore, the open space lots should
be platted and not left as outlots.
Suitability of Property for Open Space Development
There has been some discussion regarding the City's ability to say no, this
piece of property is not suitable for cluster development. By tightening the
standards for acceptable open space and controlling the "leap frog" affect of
developing distant parcels, the City will be able to justify saying "no" to a
cluster development proposal. Strict interpretation of the design standards for •
open space and lot design guidelines will also limit what parcels would be
suitable for open space development.
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ORDINANCE 99-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
AMENDING SECTIONS 900.08, 900.12 AND 1008.20
OF THE CITY CODE OF ORDINANCES ESTABLISHING OPEN
SPACE PRESERVATION PLATS AS A PERMITTED USE IN THE R1A
AND Al ZONING DISTRICTS AND ESTABLISHING STANDARDS
FOR THEIR CREATION
Case No. OA 98-3
The City Council of the City of Elk River does ordain as follows:
Section 1. Definitions, section 900.08, of the City of Elk River Code of
Ordinances shall be amended to add the definitions as follows:
900. 08 - DEFINITIONS
COMMON GARDENS: Land used by residents of a development for the
production of trees, vegetables, fruits and flowers .
COMMUNITY SERVICE AGRICULTURE: Horticulture and Floriculture
that serves the local area.
FLORICULTURE: The cultivation and management of ornamental and _
flowering plants for sale on site from a wayside stand.
HORTICULTURE: The cultivation and management of trees, plants,
-
grasses, vegetables and fruits for sale on site from a wayside
stand
STABLE (PRIVATE) : The keeping, breeding, raising and use of
horses or ponies on open space owned and maintained by an
association of adjacent property owners for the exclusive
personal use and enjoyment of association members and for which
commercial gain is not the objective.
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WAYSID STAND: A structure used for the seasonal retail sale of
agricutural goods, floriculture, and horticulture produced by 411
the op*rator of the wayside stand. The operator of the stand must
provid written permission of the property owner to the City.
Section 2. The A-1, Agricultural Conservation District, section 900.12(4), of the
City of E..k River Code of Ordinances shall be amended to read as follows:
A. Permitted Uses
xi. Open Space Preservation Development plats
(Residential Clustering)
C. Conditional Uses
xviii. Cooperative gardening in Preserved Open Space
xix. Horticulture and floriculture services in
Preserved Open Space
xx. Private stables in Preserved Open Space
xxi. Wayside stand in Preserved Open Space
Section 3. The R-la, Single Family Residential, section 900.12(5), of the City of
Elk River Code of Ordinances shall be amended to read as follows:
A. Permitted Uses
vii . Open Space Preservation Development plats •
within Rla (Residential Clustering)
C. Conditional Uses
xv. Cooperative gardening in Preserved Open Space
xvi. Horticulture and floriculture services in
Preserved Open Space
xvii. Private stables in Preserved. Open Space
xviii. Wayside stand in Preserved Open Space
Section 4. The City of Elk River Subdivision Ordinance, section 1008.20, shall be
amended t add Open Space Preservation Plat standards as follows:
1008 .20 - OPEN SPACE MAINTENANCE, PRESERVATION AND DEVELOPMENT
1 . Maintenance Of Common Open Space: Operating and Maintenance
Requirements For Residential Subdivision Common Open Space
Facilities.. Where certain land areas or structures are provided
within the subdivision for private recreational use or as common
service facilities, the owner of such land and buildings shall
enter into an agreement with the city to assure their continued
operation and maintenance to a predetermined reasonable standard.
These common areas may be placed under the ownership of one of
the following, depending upon which is more appropriate in the
discretion of the City: III
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• A. Dedicated to the public where a community-wide use
would be anticipated; or
B. Subdivider' s ownership and control; or
C. Landowners (Homeowners) Association ownership and
control, provided all of the following conditions are met:
i. The Landowners (Homeowners) Association must be
established prior to the sale of any lot;
ii. Membership must be mandatory for each owner and
any successor in interest;
iii . The open space restrictions must be in perpetuity
and not for a specified term of years;
iv. The Association must be responsible for liability
insurance, local taxes, and the maintenance of
residential and other facilities;
v. Landowners (Homeowners) must pay their pro rata
share of associated costs and the assessment levied by
the Association shall become a lien on the property in
accordance with the Law; and
vi. The Association must be able to adjust the
assessment to meet changed circumstances and needs.
2 . Open Space Preservation Plats
A. Statement of Purpose. The purpose of Open Space
Preservation Plats (OSP) is to maintain the rural and semi-
rural character of Elk River and provide public benefit by
preserving woodlands, vegetated corridors, agricultural
land, open space, and other significant natural features;
require less land for development, and to allow an
alternative to standard single-family detached residential
plats in the Rla and Al districts in accordance with this
ordinance, the City Subdivision Regulations and the intent
and purpose of the City' s Comprehensive Plan.
B. Objectives:
i . Preserve permanent natural habitat, vegetated
corridors for the movement of wildlife, . scenic
enjoyment, recreational use, agriculture and rural
identity.
ii. Allow innovation and greater flexibility in the
design of residential developments .
I
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iii. Provide for site development that maintains a low 111
visual impact, particularly along arterial roadways
,and abutting properties.
iv. Create cohesive neighborhoods in order to
establish local identity and community interaction.
v. Physically integrate neighborhoods; open spaces,
and places of destination in order to establish
municipal identity and community interaction.
• vi . Reduce the costs of construction and maintenance
of public facilities, infrastructure and services .
C. Definitions
BUILDABLE LAND AREA: The gross land area less the
unbuildable land area that includes floodways, hydric and
restrictive•
soils, land with slopes over 33%, wetlands and
areas that cannot accommodate septic systems .
101711":.
O SERVATION EASEMENT: A legal agreement creating an
in Brest in real property created in a manner to impose
li itations or affirmative obligations regarding the use of
pr perty including the retention, protection, and
ma' ntehance of open space .
•
• ELIGIBLE LAND: All land within the boundaries of a tract
for the purposes of calculating density, except for land in
existing public road right-of-ways or any area occupied by
rivers, streams, lakes or any area one acre or larger and
classified: as a US Army Corps of Engineers Type 3, 4, or 5
wetlands, as described in the US Army Corps of Engineers
pamphlet entitled, "10 Important Questions, " US Government
Printing Office No. 1979-768-929 .
GETS ACRES: The total area of a parcel of land including
wands, hydric soils, steep slopes, internal streets, and
• dedicated easements .
LAND TRUST: A nonprofit organization that, as all or part of
its mission, works to conserve land by undertaking or
as fisting direct land transactions - primarily the purchase
orlacceptance of donations of land or easements.
•
•
PRESERVED OPEN SPACE: A tract of land with a conservation
easement over it that is used for, but not limited to, •
agriculture, natural habitat, walkways (sidewalks) and
pa hways or recreation.
D. Procedure. All procedures for a Standard Subdivision,
Se tion 1008 .08, shall be followed for an OSP Plat with the
ad ition of the following:
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i . In addition to a preapplication meeting with the
City, it is recommended that the applicant meet with
potential conservation easement holders in order to be
made fully aware of any procedures, policies, or other
issues regarding the plat.
ii. In addition to a preapplication meeting with the
City, a Sketch/Concept Plan shall be required that
includes the following:
a. Topography (minimum of 10 ft. contours) .
b. Soil Types, and characteristics, such as
depth to water table .
c. Hydrological features including surface
water bodies, floodplains, wetlands, natural
swales and drainage ways .
d. Vegetation of the site, (pasture,
woodlands, hedgerows, etc. ) .
e . Description of the current land use and
structures on the land, and all encumbrances such
as easements or covenants .
• f. All roads, buildings, utilities, property
boundaries, and property use within 500 feet of
the tract.
g. An outline of the land area to be protected •
as open space or park, the number and acreage of
lots, areas proposed for storm water management
and on or off site sewage treatment.
h. All possible future roads, parks and open
space on or adjacent to the subject property.
i. Preliminary calculation of the amount of
acreage that is public road right of way and the
amount of acreage that is DNR regulated wetlands,
and or public water bodies .
iii. Data For Preliminary Plat. All information
required to be submitted in Section 1008 . 10 of the Elk
River Subdivision Ordinance is required to be
submitted with OSP plats with the addition of the
following:
a. Resource Inventory presented on an aerial
photograph at a scale of no less than 1 inch =
• 200 feet.
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i) Slopes of more than 33% with a minimum •
run of 20 feet.
ii) Soil types and characteristics, such
as depth of water table.
iii) Vegetation inventory identifying the .
general cover types (woodland, pasture
etc) , defining boundaries of woodland areas
and stand alone trees with a caliper of
more than eighteen (18) inches when
measured at a point four (4) feet above the
ground level . Vegetation types shall be
classified as generally deciduous,
coniferous or mixed and described by plant
community, relative age and condition.
Trees to be removed for streets, drives,
buildings, drainage or other purposes shall
be identified.
iv) Current land use including all
buildings, structures, paved areas, and all
encumbrances, such as easements or
covenants.
v) Visual resources, showing views onto
the tract from surrounding roads and public •
areas, as well as views within the tract.
vi) Cultural resources : brief description
of historic character of buildings and
structures, historically important
landscapes, and archeological features .
vii) Context: general outlines of existing
buildings, land use,. and natural features
such as water bodies or wooded areas, roads
and property boundaries within 500 feet of
the tract.
b. A calculation of the proposed OSP plat
density as determined by this ordinance, section
' F.
c. A narrative from the applicant as to the
rational behind the proposed layout and open
space.
d. An itemized list of all documents,
agreements and actions necessary to be completed
prior to recording of the plat including:
i) Land area to be protected with a .
conservation easement as open space or
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411 park, the number and acreage of lots, areas
proposed for storm water management and on
or off site sewage treatment .
f. Homeowner' s Association Documents including
bylaws, deed restrictions, covenants, and
proposed conservation easements (prepared by
holder of conservation easement)
g. Management (replacement and repair) plan of
collector sewage treatment systems as approved by
the City. The plan should clearly identify the
following:
i) The ownership of the shared sewage
system;
ii) Annual schedule' for maintenance,
inspection and monitoring of the shared
sewage system;
iii) Contingency plan in the event of
failure of the shared sewage system;
iv) Provision describing how the sewage
treatment portion of the system will be
. protected from vehicles, animals, humans
and other sources of risk;
v) Assignment of responsibility for the
management and payment of the shared
system;
vi) The name and license number of the
system' s designer.
E. Development Standards . Open Space Preservation plats
shall comply with the following minimum standards except
where the City Council determines that alternative standards
meet the intent of the ordinance:
i . Land Area
a. A minimum gross acreage for open space
preservation development is 20 acres .
b. A minimum of fifty (50%) percent of the
Eligible Land for development shall be dedicated
as preserved open space protected by a
conservation easement.
• ii . Open Space Requirements. Open space intended to
be preserved as part of an open space preservation
development shall meet the following criteria:
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a. Open spaces shall be protected by the
placement of a conservation easement over them.
.b. Open space shall be in a contiguous,
connected configuration including or adjacent to
existing natural areas or parks .
c. Open space in long narrow corridors in back
yards does not qualify as open space for
conservation easements.
d. Open space shall bemaintained free of
noxious weeds, litter or debris.
e. Open space shall be owned by an individual,
homeowner' s association, or other legal entity
which will use the land for open space purposes
pursuant to a conservation easement.
f. Open space may be dedicated as City Park
with arecommendation by the Park and Recreation
Commission, and if so, shall comply with the City
of Elk River Master Park and Recreation Plan and
Section 1008 . 18 of the Elk River Subdivision
Ordinance
iii. Homeowner' s Associations. Where applicable, a
•
homeowner' s association shall be established to
permanently maintain all Preserved Open Space and
recreational facilities . Such homeowner' s association
management agreements shall be established prior to
the sale of any lots . Homeowner' s association
management agreements shall include the following:
a. Legal description of the common lands or
facilities .
b. Membership in the Association is mandatory
for all purchasers of homes in the development
and their successors .
c. Restrictions placed upon the use and
enjoyment of the lands or facilities including
the persons or entities entitled to enforce the
restrictions .
d. A mechanism for resolving disputes among
the owners or association members .
e. Provide standards for scheduled maintenance
of open spaces. •
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411 f. Provide a plan guaranteeing continuing
maintenance of open spaces that shall be
submitted to the City Council as part of the data
requirements for an open space development.
g. A mechanism to assess and enforce the
common expenses for the land or facilities
including upkeep and maintenance -expenses, real
estate taxes and insurance premiums .
h. The conditions and timing of the transfer
of ownership and control of land or facilities to
the Association or the common ownership.
i . Any proposed change in the articles of
association or incorporation shall require the
prior written approval of the City.
j . Any other matters the developer or City
deems appropriate.
iv. Park Dedication Requirements. Park dedication
fee requirements shall be based upon the number of
lots that could be created with a conventional
standard subdivision layout if fees are paid in lieu
• of land.
v. Water and Sewer Systems .
a. Water may be provided by individual on-site
wells, or by one or more community wells in -open
space areas, meeting all Minnesota Department of
Health requirements.
b. Shared sewage treatment systems are
required and may be located in common open space
within an easement. A sewage management plan
must me submitted to the City of Elk River that
must be reviewed and approved prior to being
recorded with the final plat. The plan shall
clearly identify the following:
i) The ownership of the shared sewage
system;
ii) An annual schedule for maintenance,
inspection and monitoring of the shared
sewage system;
iii) Contingency plan in the event of
failure of the shared sewage system;
• iv) Provision describing how the sewage
treatment portion of the system will be
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protected from vehicles, animals, humans •
and other sources of risk;
v) Assignment of responsibility for the
management and payment of the shared
system;
vi) The name and license number of the
system' s designer.
vi. Dimensional Regulations. The dimensional
regulations for Open Space Preservation Plats may be
reduced from the underlying zoning district
dimensional regulations provided they comply with the
following minimums : •
a. Minimum Lot Size:
11, 000 sq. ft. (80 ft . x 130 ft. , 100 ft. width
on corner lots) .
b. Building Setbacks .
Front 30'
Side 10'
Garage Side 5' •
Rear 20'
c. Maximum impervious surface within each lot
shall be 25% .
d. Street Standards shall comply with the Elk
River Subdivision Ordinance, section 1008 .
vii. Lot Design Guidelines. Residential lots should
be. designed to achieve one or more of the following
objectives:
a. Oriented around a central focal point such
as :
i) A central green or square
ii) A physical amenity such as a meadow,
stand of trees, a stream or water body, or
some other natural feature.
•
iii) A street with a boulevard planted with
shade trees and a central parkway or median
at least 25 feet wide .
b. Located to preserve woodlands, farmland or •
other natural features or character including
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• places of historic, archeological or cultural
value and their environs .
c. Located such that at least 50% of the lots
within a neighborhood abut open space on at least
one side. A local street may separate lots from
open space .
d. Views shall be preserved on and off-site to
the maximum possible .
e . Locate neighborhood recreation open spaces
such that they are an integral part of the
neighborhood or the surrounding home sites, are
at an elevation appropriate to their intended
recreational use, have boundaries that are
clearly defined and are accessible to all
neighborhood residents from a public street.
f. Preserve natural habitat to the maximum
extent possible in a contiguous, connected
configuration. Natural open spaces may include,
but are not limited to, fields, wetlands, slopes,
bluffs, woods, lakes, ponds, streams, shore
lands, and other environmentally sensitive areas .
• g. Connect individual home sites with
pedestrian corridors or sidewalks to larger open
spaces and places of destination on and off site.
Open spaces should be accessible to pedestrians
at roughly (1, 200) foot intervals along public
roadways . Pedestrian corridors between lots shall
be at least (50) feet in width and buffered from
view of adjacent properties .
h. Buffer residential properties from
incompatible uses with buffer zones of at least
(100) feet to minimize land use conflicts. The
buffer zones shall be thickly planted with native
grasses, shrubs and trees . Roads may be included
in the buffer that will create an effective
barrier separating yards from fields and
pastures .
i . Minimizes development fronting onto
existing arterial roads by establishing buffer
zones with existing and native vegetation to
protect rural roadside character and to improve
public safety and traffic carrying capacity.
j . Locate houses and garages such that the
• garages do not dominate the streetscape.
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k. Locate septic systems on the most suitable 111
soils for sub-surface septic disposal .
1. Landscape common areas and street right-of-
ways with native vegetation with high wildlife
conservation value.
F. Density. To calculate the base density for a given
tact:
i. Determine the Eligible Land (See definition) .
ii. In the R1-a zoning district, divide the eligible
land by 2 .5 then multiply by 1 . 15 to determine the
number of lots.
Example: •
Eligible land area: 24 acres
Zoning district density: 2 .5 acres
OSP density: (24 / 2 . 5) x 1 . 15 = 11 .04,
or 11 lots
iii . In the A-1 zoning district divide the eligible
land by 10 and multiply by 2 . 15 to determine the
number of lots. •
Example:
Eligible land area: 42 acres
Zoning district density: 10 acres
OSP density: (42 / 10) x 2 . 15 =
9.03, or 9 lots.
iv. Density bonuses. At the discretion of the City
Council, density bonuses may be permitted which allow
projects to be developed at a density greater- than
otherwise allowed provided that one or more of the
following standards are complied with. Each standard
provides an additional density increase above the
allowed zoning district density with a maximum density
increase of 40% above the allowed zoning district base
density.
a. Creating an endowment to the land trust or
homeowners association where the principal would
generate sufficient annual interest to cover the
conservation easement holder' s yearly costs (5%
bonus) .
b. Providing for access by the general public
to trails, parks, or other recreational
facilities, excluding golf courses (5% bonus) .
•
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• c. An additional 10% open space is provided
above the required 50% buildable open space (5%
bonus) .
d. Reusing existing buildings and structures
or preserving specific site features inventoried
by the County, City, or State Historical
Preservation Office (5% bonus) .
e. Provide covenants to create an
architectural theme to include items such as,
porches, side or rear loaded or detached garages
(5% bonus) .
Section 5. That this ordinance shall take effect , 1999, upon
publication as provided by law.
- Passed and adopted by the City council of the City of Elk River this day of
, 1999.
Stephanie HIinzing Sandra A. Peine
• Mayor
•
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Feb 82 2881 16:37:23 Via Fax -> 4417425 Administrator Page 881 Of 881
........
.\ Lk FRI Number 5
League of MAMMASCNN
Offs,parsoolisg earaa A weekly legislative update from the League of Minnesota Cities February 2, 2001
Shooting range bill aims Call your legislators. Call the bill's Association of Townships are
at local government author. Call the House Local Gov- working on an amendment to put to
ernment Committee. Tell them your rest the concerns and move forward
zoning authority thoughts on the bill. with clarifying a cumbersome law.
The House Local Government
Committee will hear"The Shooting . .The 60-day rule bill finds Ramp meter study results
Range' bill Feb. 5 in Room 200 of opposition Yesterday, the Dept. of Transporta-
the State Office Building. tion (MnDOT) released the final
As townships, cities, and counties
The bill, HF 209, authored by Rep. work together to remove the results of an independent study on
Tom Hackbarth (R-Cedar), essentially procedural traps set in Minnesota's ramp metering in the Twin Cities
prohibits local governments from "60-day rule," builders and develop- metro area. The study evaluated the
regulating the operation of shooting ers work to derail SF 200. The bill, traffic flow and safety impacts
ranges provided the shooting ranges authored by Sen. Jim Vickerman associated with turning off all
operate as per"generally accepted (D-Tracy), is designed to clarify 430 ramp meters for six weeks
operation practices.""Generally what a written request is, to make last fall as mandated by the 2000
accepted operation practices" are clear what motions are necessary Legislature.
adopted by the DNR and shall to deny a request, and to allow local The report can be viewed in its
•ncorporate the shooting practices governments to publish a complete entirety at www.dot.state.mn.us/
ndorsed by a nationally-recognized written statement supporting the rampmeterstudy/reports.html.
nonprofit firearms organization. denial at the next meeting of its
Local governments may not regulate governing body. Upcoming meetings
the shooting range when repairing, The bill was heard in the Senate Monday, Feb. 5—
remodeling, improving, replacing or State& Local Government Opera- 10 State Office Building
reinforcing any structure on the tions Committee, also chaired by Regulated Industries—
property, even if it is operating under Sen. Vickerman, last Wednesday. Chr. Rep. Ken Wolf
a non-conforming use permit. Local The bill was tabled after the Minne- Agenda: HF 510 (Wolf) relating to
governments may not restrict hours
of operation or place noise controls sota Association of Realtors (MAR) telecommunications; modifying and
on the facility. If an "act of God" or and the Builders Association of recodifying telecommunications
"act of war" causes any shooting Minnesota (BAM)expressed opposi- laws. (Governor's Telecommunica-
range structure to be damaged, the tion to the bill.Among the concerns tions Reform Bill). Testimony by
range must be allowed to resume raised were that local governments Deputy Commissioner of Commerce
are seeking this legislation in an Tony Mendoza.
any conforming or non-conforming effort stop litigation.Also, that local
use upon its reconstruction. How- To view the Senate and House
ever, in the event that a clear and governments want to delay publish- calendars for next week's commit-
ing written findings-of-fact in order tee hearings,jam-packed with city
safety hazard exists due to 9 J P
the operation of the shooting range, to "doctor' the reasons to fit legal issues, see' www.house.leg.state.
the local government or state may requirements between meetings. mn.us/hInfo/schedule/Index.htm
close the range and pay for all The LMC, the Association of Minne- or http://www.senate.Ieg.state.mn.
relocation expenses. sota Counties, and the Minnesota us/schedule/lndex.htm.
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For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team.
(651) 231-1200 or(300) 925-1122