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5/1/2023 - City Council - Regular - Agendas* The Consent Agenda lists those items of business which are considered to be routine, recommended for approval, and/or which need no discussion. The several separate items listed on the Consent Agenda are acted upon by one motion. There will be no separate discussion of these items unless a Council Member makes a request, in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for Council discussion and action. ** Under Public Comment, individuals may address the City Council about any item not contained on the regular agenda. Each speaker should keep their statements to three minutes to allow sufficient time for others. The Council will take no official action on items disc ussed at the forum, with the exception of referral to staff for future report. CITY OF SPRING PARK CITY COUNCIL AGENDA MAY 1, 2023 – 6:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. PUBLIC COMMENT 5. REQUESTS & PRESENTATIONS 6. CONSENT AGENDA a. Approve Regular City Council Minutes from April 17, 2023 b. Approve Work Session Minutes from April 17, 2023 c. Approve May 1, 2023, Claims for Payment 7. ACTION AGENDA a. Sunset Concept Plan Discussion and Recommendation to County b. Authorize Staff to initiate Tennis Court Construction c. City Hall Curb Appeal Discussion 8. REPORTS a. Mayor & Council b. Staff; - Attorney/Planner: City Code Discussion - Engineer: Streets Discussion 9. ANNOUNCEMENTS/MISCELLANEOUS (INFORMATION ONLY) a. May 10, 2023 - Planning Commission Meeting – 6:00PM - CANCELLED b. May 15, 2023 - Regular City Council Meeting – 6:30PM c. May 15, 2023 - Council Work Session – 5:30PM d. June 5, 2023 - Regular City Council Meeting – 6:30PM 10. ADJOURNMENT - CITY OF SPRING PARK CITY COUNCIL MINUTES APRIL 17, 2023 – 6:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. Council Present: Mayor Rockvam, Council Member’s Chase, Hoffman, and Horton were present. Council Member Sippel was absent. Staff Present: City Administrator Anderson, Public Works Superintendent Goman 2. PLEDGE OF ALLEGIANCE Mayor Rockvam led the audience in the Pledge of Allegiance 3. APPROVAL OF AGENDA Council Member Horton motioned, being seconded by Council Member Chase, to approve the agenda as presented. On vote being taken, the motion was unanimously approved. 4. PUBLIC COMMENT: Brent Adams, 3913 Mapleton Ave., came forward regarding a code violation he received for the hoop house on his property. 5. REQUESTS & PRESENTATIONS: none 6. CONSENT AGENDA Council Member Horton motioned, being seconded by Council Member Hoffman to: a. Approve Regular City Council Minutes from April 3, 2023 b. Approve April 17, 2023, Claims for Payment c. Approve Special Event Permit #23-07: Back Channel Brewery; Parlour Grand Opening and MN Brewery Series 5K Run On vote being taken, the motion was unanimously approved. 7. ACTION AGENDA: none 8. REPORTS a. Mayor & Council: Mayor Rockvam commented that times have changed, we no longer want to see junk and temporary structures in our City. Council Member Hoffman wanted to make sure staff is sending code violation notices to all others that have hoop houses and wants to discuss these conceptually at the next Council meeting. Council Member Chase asked if public works could do street sweeping before the 5K run at Back Channel on Sunday 4/30 - DJ stated they could probably get that done. b. Staff; City Administrator Anderson stated that the code enforcement is back up and in full force and letters have been sent out to those in violation. He also stated the EPA will be drilling in multiple sites for the next few weeks and the road construction on Black Lake Road & West Arm West is underway. 9. ANNOUNCEMENTS/MISCELLANEOUS (INFORMATION ONLY) a. May 1, 2023 - Regular City Council Meeting - 6:30PM b. May 10, 2023 - Planning Commission Meeting - 6:00PM c. May 15, 2023 - Regular City Council Meeting - 5:30PM d. May 15, 2023 - City Council Work Session - 5:30PM 10. ADJOURNMENT- There being no further discussion, Council Member Hoffman motioned, being seconded by Council Member Horton, to adjourn the meeting at 7:07p.m. On vote being taken, the motion was unanimously approved. CITY OF SPRING PARK WORK SESSION MINUTES APRIL 17, 2023 – 5:30 PM SPRING PARK CITY HALL (Work Session discussion times are approximate) 5:30: Public Works Update: (Water Plant, Street Lights, Potholes, Hydrant Flushing, Street Sweeping) DJ Goman, Public Works, provided a 1st quarter update to the Council. • Water Plant: everything is going smoothly except some hiccups with the automation surrounding the TCE filter. When it was installed, it was not programmed properly. There were some things between the design of the system and installation that were changed. Mayor Rockvam shared his concerns that the City keeps paying for things and then being advised it was done wrong costing more money. Goman stated he met with the MDH and others and shared his feedback and concerns for same. Goman did not feel that they were going to provide any monetary assistance but were providing some additional testing without charge. • Streetlights: we have numerous streetlights that are either partially or fully burned out. The LED lights have been experiencing mice intrusion. They are making their nests in between the components and it’s causing the lights to overheat. The repairs are being completed and any parts needed are on order. The conventional lights at Lakeview Lofts will be repaired/replaced as needed. • Potholes: asphalt plants are open, and the pothole repairs are in the process of being completed. Council Member Horton asked about repairing the holes on Island Drive. DJ stated this is a private road so the owner, which is Pres. Homes, needs to be contacted for the repairs. • Hydrant Flushing: typically, they do the dead end and some spot areas in the Spring and then hit it heavy right before winter. They do use hydrant water for street sweeping which adds to the flushing as well. • Street Sweeping: sweeping is in process and will be done in conjunction with the hydrant flushing – water from flushing will be used for the sweeping. • Q1 Statistics: 316 work orders were completed in the City for Q1 with one water main break on Hazeldell. DJ estimates that break will cost around $10,000 once all done. Public works has completed a couple of rounds of TCE filter plant sampling and has also added more automation to the current system to allow them to monitor remotely. DJ stated there is another state/federal mandate to check for lead copper in the water service lines. The inventory of what we have in the city must be completed by October of 2024. Council Member Chase asked if we had a lot of lead service and DJ said fortunately, we don’t. We have to report everything before 1985 and review who had wells at the time that tied into the municipal water system as they may have had lead. DJ also stated the EPA drill rigs will be in the area doing some sampling for TCE contaminants during the next few weeks. 6:00: Sunset Drive (County): Amber Klein from Hennepin County joined the work session with a presentation showing the road reconstruction design(s) for Sunset Drive. Next steps: Spring/Summer 2023 – gather concept feedback and refine design, Construction 2024. Once her presentation was completed, discussion was had. Council Member Hoffman asked how much weight will be given as to the design preference by the City. Klein stated it would be given a lot of weight as the County would like to know the City’s preference as it could sway them to one or the other. Currently, based on feedback, designs 1 & 3 are leading as the desired designs. Klein asked for the Council decision in the next 2-3 weeks. Staff will add it to the 5/1/23 agenda. 6:20: Miscellaneous: None 6:39: Adjourn After no further discussion, Council Member Hoffman motioned, being seconded by Council Member Horton, to adjourn the work session. On vote being taken, the meeting was adjourned. *Check Summary Register© CITY OF SPRING PARK 04/26/23 5:02 PM Page 1 Batch: 042423PAY Name Check Date Check Amt 10100 Wells Fargo Bank NA 33273 CITY OF BLOOMINGTON 4/26/2023 $24.00 March 23' Water Testing Fees 33274 CARSON, CLELLAND, & SCHRED 4/26/2023 $1,833.75 March 23' Legal Services - Encroachment Agre 33275 ECM PUBLISHERS, INC.4/26/2023 $53.63 Publish Ordinance No.23-02 33276 GOPHER STATE ONE-CALL 4/26/2023 $10.80 March 23' Locates 33277 HAWKINS, INC.4/26/2023 $40.00 Purchased Chemicals for WTP 33278 HENNEPIN COUNTY TREASURE 4/26/2023 $39,743.36 Payment for HCRRA Easement Charge - West 33279 KODIAK POWER SOLUTIONS 4/26/2023 $860.06 Diagnose alarm, replace battery and charger at 33280 LARSON LAWNSCAPE, INC.4/26/2023 $15,083.75 Feb. 2023 Snow Services - Roads & City Hall 33281 LEAGUE OF MINNESOTA CITIES 4/26/2023 $70.00 2023 MCMA Annual Conference: Golf Networki 33282 METRO CITIES 4/26/2023 $834.00 2023 Metro Cities Membership Dues 33283 METRO COUNCIL ENVIRON SER 4/26/2023 $21,758.45 May 23' Wastewater Treatment Monthly Fee 33284 MNSPECT, LLC 4/26/2023 $2,534.49 March 23' Plan Check Fees 33285 OPTUM BANK 4/26/2023 $18.75 Feb., Mar., April 2023 HSA Employee Monthly 33286 CITY OF ORONO 4/26/2023 $69,560.00 Jan 2023 Public Works Services 33287 QUALITY FLOW SYSTEMS, INC.4/26/2023 $8,860.00 Purchase of Dwyer Magnnehelic Indicating Tra 33288 SAMBATEK, INC.4/26/2023 $231.75 Engi.Fees - Black Lake Road 03/12/23-04/08/2 33289 SPECIALIZED ENVIROMENTAL T 4/26/2023 $1,500.00 2023 Contracted Yard Waste Agreement with T 33290 CITY OF SPRING PARK 4/26/2023 $100.48 1st Qtr. Utility 2023 - City Hall 33291 US BANK 4/26/2023 $938.79 March 23' Hotel for MCFOA Conference and R 33292 XCEL ENERGY 4/26/2023 $5,223.87 Electric Usage 02/27/23-03/29/23 - Lift Station Total Checks $169,279.93 Batch: 042423PAY Page 1 04/26/23 5:18 PMCITY OF SPRING PARK *Check Detail Register© Amount CommentInvoiceCheck #Check Date Vendor Name 10100 Wells Fargo Bank NA 33273 04/26/23 CITY OF BLOOMINGTON $24.00 March 23' Water Testing FeesTesting Fees 22022E 601-49400-306 $24.00Total 33274 04/26/23 CARSON, CLELLAND, & SCHREDER $145.00 March 23' Legal Services - Encroachment Agreement Legal Fees 3526E 101-41600-304 $253.75 March 23' Legal Services - Joint Trenching Ordinance Legal Fees 3526E 101-41600-304 $217.50 March 23' Legal Services - Data PracticesLegal Fees 3526E 101-41600-304 $108.75 March 23' Legal Services - CUPLegal Fees 3526E 101-41600-304 $108.75 March 23' Legal Services - Mapleton AveLegal Fees 3526E 101-41600-304 $1,000.00 March 23' Prosecution ServicesLegal Fees 3526E 101-42000-304 $1,833.75Total 33275 04/26/23 ECM PUBLISHERS, INC. $53.63 Publish Ordinance No.23-02Ordinance Publication 941726E 101-41600-353 $53.63Total 33276 04/26/23 GOPHER STATE ONE-CALL $5.40 March 23' LocatesContracted Services 3030755E 601-49400-310 $5.40 March 23' LocatesContracted Services 3030755E 602-49450-310 $10.80Total 33277 04/26/23 HAWKINS, INC. $40.00 Purchased Chemicals for WTPChemicals and Chem Pro 6446878E 601-49400-216 $40.00Total 33278 04/26/23 HENNEPIN COUNTY TREASURER $39,743.36 Payment for HCRRA Easement Charge - West Arm Rd Road Pavement Project 2 1000204922E 201-43100-528 $39,743.36Total 33279 04/26/23 KODIAK POWER SOLUTIONS $860.06 Diagnose alarm, replace battery and charger at Lift Station #6 LS Repair/Maint 12004715E 602-49450-491 $860.06Total 33280 04/26/23 LARSON LAWNSCAPE, INC. $2,191.25 Feb. 2023 Snow Services - Roads & City HallSnow Plowing - Streets 78631E 101-43101-309 $4,330.00 Feb. 2023 Snow Services - SidewalksSnow Removal - Sidewalk 78631E 101-43101-307 $8,562.50 Feb. 2023 Snow Services - Salt ApplicationStreet Salt-Sanding 78631E 101-43101-318 $15,083.75Total 33281 04/26/23 LEAGUE OF MINNESOTA CITIES $70.00 2023 MCMA Annual Conference: Golf Networking Activite for Mike Anderson Membership/Dues/EduE 101-41500-433 $70.00Total 33282 04/26/23 METRO CITIES $834.00 2023 Metro Cities Membership DuesMembership/Dues/Edu 1393E 101-41500-433 Batch: 042423PAY Page 2 04/26/23 5:18 PMCITY OF SPRING PARK *Check Detail Register© Amount CommentInvoiceCheck #Check Date Vendor Name $834.00Total 33283 04/26/23 METRO COUNCIL ENVIRON SERVICES $21,758.45 May 23' Wastewater Treatment Monthly FeeMCES Sewer Service Chg 0001154554E 602-49450-327 $21,758.45Total 33284 04/26/23 MNSPECT, LLC $337.50 March 23' Code Enforcement ServicesContracted Services 0097241-INE 101-42400-310 $617.65 March 23' Plan Check FeesPlan Check Fees 0097255-INE 101-42400-305 $1,579.34 March 23' Residential & Commercial Inspections/Permit Fees/General Fees/Staff Meeting Contracted Services 0097255-INE 101-42400-310 $2,534.49Total 33285 04/26/23 OPTUM BANK $18.75 Feb., Mar., April 2023 HSA Employee Monthly Service Fee Other Miscellaneous 0001434379E 101-41500-437 $18.75Total 33286 04/26/23 CITY OF ORONO $10,434.00 Jan 2023 Public Works ServicesContracted Services 20142183E 101-41510-310 $3,478.00 Jan 2023 Public Works ServicesContracted Services 20142183E 601-49400-310 $3,478.00 Jan 2023 Public Works ServicesContracted Services 20142183E 602-49450-310 $10,434.00 Feb 2023 Public Works ServicesContracted Services 20142184E 101-41510-310 $3,478.00 Feb 2023 Public Works ServicesContracted Services 20142184E 601-49400-310 $3,478.00 Feb 2023 Public Works ServicesContracted Services 20142184E 602-49450-310 $10,434.00 March 2023 Public Works ServicesContracted Services 20142185E 101-41510-310 $3,478.00 March2023 Public Works ServicesContracted Services 20142185E 601-49400-310 $3,478.00 March 2023 Public Works ServicesContracted Services 20142185E 602-49450-310 $10,434.00 April 2023 Public Works ServicesContracted Services 20142186E 101-41510-310 $3,478.00 April 2023 Public Works ServicesContracted Services 20142186E 601-49400-310 $3,478.00 April 2023 Public Works ServicesContracted Services 20142186E 602-49450-310 $69,560.00Total 33287 04/26/23 QUALITY FLOW SYSTEMS, INC. $8,860.00 Purchase of Dwyer Magnnehelic Indicating Transmitter for WTP Contracted Services 44639E 601-49400-310 $8,860.00Total 33288 04/26/23 SAMBATEK, INC. $231.75 Engi.Fees - Black Lake Road 03/12/23-04/08/23Black Lake Rd Feasibility 24183E 201-43100-529 $231.75Total 33289 04/26/23 SPECIALIZED ENVIROMENTAL TECHN $1,500.00 2023 Contracted Yard Waste Agreement with The Mulch Store Contracted Services 106025534E 101-42800-310 $1,500.00Total 33290 04/26/23 CITY OF SPRING PARK $100.48 1st Qtr. Utility 2023 - City HallUtilities/Electric/GasE 101-45200-381 $100.48Total 33291 04/26/23 US BANK Batch: 042423PAY Page 3 04/26/23 5:18 PMCITY OF SPRING PARK *Check Detail Register© Amount CommentInvoiceCheck #Check Date Vendor Name $823.21 March 23' Hotel for MCFOA Conference and Registration for Clerks Institute for Patria & Jamie Membership/Dues/EduE 101-41500-433 $25.38 March 23' Microsoft/Adobe FeesComputer Support/SupplieE 101-41500-207 $25.37 March 23' Microsoft/Adobe FeesComputer Support/SupplieE 601-49400-207 $25.37 March 23' Microsoft/Adobe FeesComputer Support/SupplieE 602-49450-207 $39.46 March 23' Water purchase, hand soap, council photo album Other MiscellaneousE 101-41500-437 $938.79Total 33292 04/26/23 XCEL ENERGY $209.54 Electric Usage 02/27/23-03/29/23 - City HallUtilities/Electric/Gas 1028552854E 101-43100-381 $566.88 Electric Usage 02/27/23-03/29/23 - Lift Station #6Utilities/Electric/Gas 1028555122E 602-49450-381 $2,725.29 Electric Usage 02/27/23-03/29/23 - WTPUtilities/Electric/Gas 1028556313E 601-49400-381 $200.32 Electric Usage 02/27/23-03/29/23 - Lift Station #2Utilities/Electric/Gas 1028556811E 602-49450-381 $65.51 Electric Usage 02/27/23-03/29/23 - Traffic SignalUtilities/Electric/Gas 1028557416E 101-43100-381 $135.60 Electric Usage 02/27/23-03/29/23 - Lift Station #3Utilities/Electric/Gas 1028558202E 602-49450-381 $28.44 Electric Usage 02/27/23-03/29/23 - Lift Station #4Utilities/Electric/Gas 1028558487E 602-49450-381 $175.51 Electric Usage 02/27/23-03/29/23 - Lift Station #1Utilities/Electric/Gas 1028558549E 602-49450-381 $128.26 Electric Usage 02/27/23-03/29/23 - Lift Station #5Utilities/Electric/Gas 1028558925E 602-49450-381 $69.71 Electric Usage 02/27/23-03/29/23 - West St LightsUtilities/Electric/Gas 1028559457E 101-43100-381 $610.17 Electric Usage 02/27/23-03/29/23 - Middle St LightsUtilities/Electric/Gas 1028559756E 101-43100-381 $98.96 Electric Usage 02/27/23-03/29/23 - Traffic Signal & East Lights Utilities/Electric/Gas 1028559770E 101-43100-381 $209.68 Electric Usage 02/27/23-03/29/23 - Central & North Lights Utilities/Electric/Gas 1028560273E 101-43100-381 $5,223.87Total 10100 Wells Fargo Bank NA $169,279.93 Fund Summary 10100 Wells Fargo Bank NA 101 GENERAL FUND $65,916.47 201 PUBLIC IMPROV REVOLVING FUND $39,975.11 601 WATER FUND $25,592.06 602 SEWER FUND $37,796.29 $169,279.93 PROPOSAL__________________________________________________ 3731 Thurston Ave Suite 103 Anoka MN 55303 612-245-0750 www.surfacepromn.com Proposal Date: 3/14/2023 Proposal Submitted To: City of Orono Joshua Lemons Parks and Golf Superintendent 2750 Kelley Parkway | Orono, MN 55356 Office: (952) 249-4684 Email: jlemons@ci.orono.mn.us Website: http://www.ci.orono.mn.us RE: Resurface 2 tennis courts into one tennis and two pickleball or option two two tennis one with no pickleball and one with two lined onit. 1. Preparation: •Remove all objects and debris from the court surface. •Power wash the existing surface to remove any dirt, grime, or loose paint. •Repair any cracks, divots, or other damage to the surface using a USTA approved repair compound and a trowel. Allow the repairs to dry completely 2.Resurfacing application:Two Coats •Mix the acrylic resurfacing material ( we are a authorized Sport Master Products installer) according to the manufacturer's instructions. •Begin spreading the material onto the surface using a proprietary sport squeegee, starting from the back of the court and working towards the net. •Allow the resurfacing material to dry according to the manufacturer's instructions. 3.Acrylic paint application: •Mix the acrylic paint material ( we are a authorized Sport Master Products installer) according to the manufacturer's instructions. •Begin spreading the material onto the surface using a proprietary sport squgee, starting from the back of the court and working towards the net. •Allow the material to dry according to the manufacturer's instructions. •Repeat the process for a second coat of acrylic pain 4.Line painting: •Measure and mark the court lines using a chalk line. •Using a proprietary tape machine mask out the court to be painted. •Paint the court lines using a high-quality, water-resistant paint that is specifically designed for tennis courts and manufactured by Sport Master. •Allow the paint to dry completely. 5.Clean up and final inspection: •Remove any remaining debris or materials from the court. •Inspect the court to ensure that the resurfacing, line painting, applications have been completed. Court colors and other information: Court to be Blue pads and light green wrap Total for resurfacing for this project, includes all materials and labor for this project. Option one, two tennis with two pickleball lined on one court $24,350.00 Option two, one tennis and two pickleball on one court no tennis $25,910.00 Surface pro does not install net posts, nets or fencing, those items are not included in this bid. Water must be provided on site by the customer Payment information Payment of 50% at start project this will be invoiced do not send payment until you receive an invoice, thanks (To be received by Surface Pro LLC before starting project) Final payment of 50% upon completion. WARRANTY AND NOTES: All workmanship is warrantied for 2 years, this includes and is limited to issues of pealing or de-lamination due to improper installation. De-lamination can occur due to water penetration and sitting water in puddles or low corners of the court, this is not covered in the 2 year warranty. CRACKS: 1. Crack-filling does not imply crack elimination. Cracks can and often will reappear. This is normal, it is called reflection. 2. Surface Pro LLC is Not responsible for existing grades and drainage or compacting existing base. 3. Cracks if not patched will continue to expand over a period of time and conventional repair methods may become unavailable. 4. Surface Pro LLC is not responsible for cracks returning after repair. 5. A monthly finance charge of 3% will be added to any payments past due. *This estimate is based solely on the contractor's observations at the time of entering into this contract. If additional concealed conditions are discovered once the work has commenced, which were not visible at the time of entering into this contract, Contractor will identify the unforeseen conditions and notify the Customer of any additional costs, if any. *Customer agrees to pay for all unexpected or unanticipated extra costs, including but not limited to, soil corrections, protection of the project from weather conditions and all other similar costs. Customer will be responsible for all additional costs and time for work due to concealed conditions. Such conditions may also extend the time for completion of the work under this contract. *Estimate does not include any allowance for hazardous waste removal. All hazardous waste removal will be treated as an unforeseen condition. *The construction site will be a dangerous area. Customer waives all claims against builder for injuries or damages that customer or any member of customers family, friends, or guests may suffer while on or around the property during construction due to these and other hazards. *All unforeseen conditions will be treated on a time and materials basis at the rate of $65.00/ hour plus materials. - We will remove all waste generated from our work. - Contractor is not responsible for pets not properly restrained leaving the property. -Direct contact with your job supervisor will be available to you at all times should you have any questions or concerns. All material is guaranteed to be as specified, and the above work to be performed in a substantial workmanlike manner with payments made as follows. Pre -Lien Notice a.Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. b.Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. Respectfully submitted Mike Langmade Surface Pro LLC This proposal may be withdrawn by us if not accepted within 10 days. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order (minimum change order cost is $100.00), and will become an extra charge over and above the proposal price. All agreements are contingent upon accidents, or delays beyond our control. ________________________________________________________________________ Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature__________________________________ Date Accepted_______________ PO#_____________________________________________________ (If applicable) 1 MEMORANDUM TO: MAYOR AND COUNCILMEMBERS FROM: JOSEPH MURPHY, CITY ATTORNEY SUBJECT: HOOP HOUSING ORDINANCE DATE: APRIL 27, 2023 Discussion: In 2017, the city amended its public nuisance ordinance (code sections 18-181 and 18-184) to define “Hoop Housing” and to prohibit the “placing, storing, or keeping of hoop housing” within the city. The definition of “Hoop Housing” was further amended in 2022. In my opinion, the city’s decision to prohibit hoop housing is a zoning decision. The city absolutely has the right to make that zoning decision, to regulate structures on residential lots, to define hoop housing, and to prohibit hoop housing. An ordinance prohibiting hoop housing structures can be based upon aesthetic or other considerations. The city’s authority to make that type of zoning decision in the interests of “public health, safety, morals, and general welfare” comes from Minn. Stat. section 462.357, subd 1 (“Authority for Zoning’). That statute granting the city zoning authority, however, also provides for an important limitation on the city’s authority in subdivision 1e (“Nonconformities” i.e. grandfather rights). Under that provision of the statute, any nonconformity that is lawful and existing at the time of the adoption of the zoning ordinance may be continued, just not be expanded or resumed after being discontinued for one year. If a particular hoop housing structure was up and lawful prior to the ordinance prohibiting such structures in 2017, the ordinance can be applied to prevent any other property owners from putting up new hoop housing, but it does not apply to mandate the removal of those structures that were up and lawful prior to the passage of the ordinance. Notably the hoop housing language is in the environment/public nuisance section of the city code (chapter 18), rather than in the zoning ordinance (chapter 42). In my opinion, however, the city cannot circumvent or sidestep a property owner’s grandfather rights in a purely zoning matter by placing zoning restrictions in a different section of the city code. To overcome those presumed grandfather rights, I think the city would have to somehow show that such structures could never be legal 2 and were an inherently unsafe and obvious public nuisance prior to the passage of the ordinance. Nevertheless, a property owner only has the ability to continue a nonconformity that was legal at the time of the ordinance but not one that was illegal at the time of ordinance. Prior to 2017, the city code was silent with respect to hoop housing. Therefore, to determine whether a particular hoop housing structure can continue requires an analysis of whether or not the structure was legal or illegal in 2017 at the time the ordinance was created. I have conferred with the City Planner and agree with the analysis outlined in her memo that under the City’s Zoning Ordinance (section 42.64) a “hoop house” could be considered an “accessory building or use.” In residential districts, the Zoning Code allows an “accessory building” that meets certain standards. Specifically, a “detached accessory building” must have a foundation that does not exceed 1,200 sq ft, and must be made of “complimentary exterior materials and colors to that of the principal structure on the lot.” Those zoning code provisions were in effect and enforceable prior to 2017. Therefore, only structures that meet those criteria would be considered legal nonconformities and be allowed to continue. Those structures that do not meet that criteria would be considered illegal nonconformities and would not be allowed to continue. In summary, I think the “hoop housing” ordinance can be enforced for those structures put up after the 2017 code amendment. But for any structures that were up prior to the 2017 code amendment, the zoning ordinance in place at the time can be used to regulate those structures as “accessory buildings.” Under the zoning ordinance, an accessory building that does not meet the ordinance criteria for an allowed “accessory building” was unlawful/illegal prior to 2017 and would not be entitled to continue or to assert grandfather rights. 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum To: Mike Anderson, City Administrator From: Lori Johnson, City Planner, WSB Date: April 26, 2023 Re: Hoop Housing After reviewing the City Code regarding hoop structures or hoop housing, it was determined that these structures are regulated in Chapter 18, Article IV. This chapter, which does not include zoning regulations, essentially prohibits hoop housing from being constructed. After conferring with the City Attorney, I support his statements regarding the ordinance and the city’s ability to prohibit structures that were constructed after 2017, which is when this ordinance was enacted. It is my opinion that a hoop house would be considered an accessory building or use. The definition of accessory building or use, according to the zoning ordinance, is a secondary building or use that is located upon the same lot on which the main building or use is situated, and which is incidental to the conduct of the primary use of such main building or use. Other definitions pertinent to this discussion include the following: Structure. Anything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Building. Any structure used or intended for supporting or sheltering any use or occupancy. Based on review of these definitions it is my belief that the hoop house would be considered an accessory building. I would offer two other caveats from the Zoning Ordinance as it relates to accessory buildings, which I believe would include the hoop house: Section 42.64 (b)1(a) states that the total area of accessory buildings is measured by the foundation size. Hoop houses are temporary in nature in that they do not require a permanent foundation. Due to the mention of the foundation size, one could assume that anything without a foundation is not allowed. Hoop House Memo 04.26.23 Page 2 Section 42.64(b)4 states that residential accessory buildings shall utilize complimentary exterior materials and colors to that of the principal building. Clearly, hoop houses do not meet this requirement. Finally, Section 42-7 (a) of the zoning chapter states the following: “No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter.” In summary and based on conversations between the City Attorney and myself, it is my opinion that hoop houses would be considered accessory buildings in residential zoning districts, and these type of buildings cannot meet the standards set forth for such buildings.