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HomeMy WebLinkAbout04-23-2019 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 23, 2019 CITY COUNCIL MEETING AGENDA 6:00 PM AT CITY HALL 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • Recycling Award(pg. 3) 6:05 p.m. III. Visitors/Public Comment A. Annual CVB Tourism Marketing Report(pg. 5) This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:10 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—April 9, 2019 (pg. 29) C. Approve Proclamation for Municipal Clerks Week: May 5 - 11, 2019 (pg. 33) D. Appoint Jennifer Giovinazzo to Recommended Term on Planning Commission (pg. 35) 6:10 p.m. V. Public Hearings A. Consider Amendment to Special Home Occupation Permit— 14860 Upper 55th Street— Stillwater Premier Bengals (pg. 37) 6:15 p.m. VI. Old Business None 6:15 p.m. VII. New Business A. 5845 Stagecoach Trail N - Roof Damages (pg. 61) B. Menards - CUP/Design Guidelines & Site Plan Revie w5800 Krueger Lane -Yard Lot Entrance/Exit Expansion (pg. 79) 6:25 p.m. VIII. Other Council Items or Announcements Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Agenda April 23,2019 Page 2 6:25 p.m. IX. Adj ournment Oak Park Heights Request for Council Action Meeting Date April 23, 2019 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor ministration/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 108 City of Oak Park Hei hts 14168 Oak Park Blvd.N.Oak Park Heights,MN 55082.Phone(651)4394439.Fax(651)439-0574 April 11, 2019 Nick Fuerst 5544 Osgood Avenue North Oak Park Heights, MN 55082 Dear Mr. Fuerst; Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, April 11, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski City Clerk TREE CITY U.S.A. Page 4 of 108 Oak Park Heights Request for Council Action Meeting Date April 23, 2019 Agenda Item_Annual CVB Tourism Marketing Report Time Req. _ Agenda Placement Visitors Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature.,, Action Requested None Background/Justification(PIease indicate any previous action has been taken or if other public bodies have been advised). See attached materials. Christie Rosckes, Marketing Director for the Stillwater/Oak Park Heights Convention & Visitor Bureau will be present to provide a presentation. Page 5 of 108 0 (/) _. 0 pp rD ° ,e` A r rD t�... • -C I C. in � • 0 > ... hCG 3 Page 6 of 108 a 1 C) z II' i• Q � H @ F+ Ul H � C.ri A W N N � W N H � V-� � Q • I If ru 4 ru `c Z- 0 f4 Q - b A r, F m :T x - 2 1 `7 a �.. m a 1 - ro g}� S 'r S m I v 1-1 G - - m C) o v $$pp 03 ro oCA 2 a A c ° v 1 n m o m a t Q�• ov • ro _ O' N y C7 m rho p h CA F+ c 7 n m N ^ N N m O p m .N. m 3 rrD F � m ° a n m ca Ou ? 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EI'. 14 tl k f g CL r+ t 1 O kD r N m i $ _ ` s s 3 a Pagel20 of 108 • TA' TOURISM & MINNESOTXS • • ECONOMIC IMPACT: GROWTH IN THE INCREASE IN ROOM REVENUE TRAVEL&TOURISM IN TOURISM INDUSTRY MINNESOTA GENERATES: 2010 7.7% SALES $15.3 2012 3.7% $15.3 $13.6 'P 2014 7.8% Billion in gross sales $11,2 $11'9 2016 6.2% $10,2 2018 III 8.4% `Q $42 Source:STIR,Inc. Million a day JOBS G o $625 J270'000+ How much the average 2005 2008 2011 2014 2017 Minnesota household would GI Full- and part-time jobs owe without the tax revenue Leisure&Hospitality Gross Sales(in billions)2005-2017 110/0 generated by travel &tourism of total private IMPACTS OF STATE 73 MILLION sector employment TOURISM ADVERTISING $5,8 • 3.5 million Minnesota trips Visitors on overnight and day trips in 2017 J • $415.5 million traveler spending .r Billion in wages • $40.7 million direct state and REVENUE localtaxes TRAVELER SPENDING $ $996 • 3.76 million additional intended trips BY SECTOR in next 12 months Million in state sales tax • $101 to$1 traveler spending return on ad investment 18% • $10 to$1 state and local tax return on of total state sales ad investment Food Lodging tax revenue Note:Impacts of Explore Minnesota's spring/summer 250/0 2000 2018 advertising Note:Data for leisure&hospitality sector,2017 INTERNATIONAL TRAVEL TRAVELER EXPENDITURES TO MINNESOTA BY SEASON .. Winter Summer Dec-March (June-Aug) -' 240/ ) 370/ RetaOil Transpor0tation 16/o 16/o 523,600 Canadian travelers on overnight trips Fall Spring (Sept-Nov) (April-May) Recreation Second Homes 4569800 250Yo 140Yo 160Yo 7% International travelers from other countries Sources:Minnesota 2018 Tourism Advertising Evaluation,'ong woods International;The Economic Impact of 2017 Travel in Minnesota,Tourism Economics;The Economic Impact of Expenditures by Travelers on Minnesota,June 2007-May 2008, Note:International travel estimates are for 2017 Davidson-Peterson Associates;Minnesota Department of Revenue;U.S.Bureau of Labor Stagd&s2lfl8rrf6gnal State Travel (IST),Tourism Economics. F' y V ECONOMIC IMPACT BY COUNTY Minnesota's Leisure and Hospitality Industry, 2017 Private Sector Private Sector County Gross Sales State Sales Tax Employment County Gross Sales State Sales Tax Employment • Anoka $607,082,073 $40,787,492 13,123 Aitkin ' $22,307,401 $1,541,116 515 Carver $223,642,652 $14,843,541 4,611 Benton $59,565,561 $3,846,356 1,217 Chisago $70,269,622 $4,632,936 1,695 Crow Wing $233,343,199 $14,401,052 4,139 Dakota $933,323,911 $61,933,337 18,696 Douglas $115,008,227 $7,048,332 2,208 Hennepin $5,303,889,012 $350,229,607 85,477 Grant $3,456,581 $226,782 NA Isanti $39,876,266 $2,715,893 849 Kandiyohi $98,589,693 $6,380,173 1,723 Ramsey $2,212,380,540 $143,896,588 29,659 McLeoduuuuul,p $48,180,190 $3,245,759 1,247 Scott $391,358,066 $22,038,107 6,016 Meeker 1�1� I $19,119,733 $1,311,172 456 Washington $566,454,649 $38,324,474 11,781 Mille Lacs ■I $55,281,243 $3,037,109 1,027 Wright $245,366,623 $14,203,784 4,828 Morrison �m $46,324,899 $3,154,363 1,120 Region Total $10,59396439414 $69396059759 1769735 Otter Tail IIII $99,967,940 $6,666,406 2176 Poe $15,721,448 $1,067,763 310 NORTHEAST • Sherburne . $103,332,854 $6,866,949„n dVVVVVVVVVVVVIum 2,351 Carlton $69,717,758 $4,260,245 1,152 Stearns . $313,262,923 $21,397,77 =VIII 7,748 Cook $71,799,245 $4,559,225 1,000 Stevens .0 $17,836,283 $1,043,9 p _IIIA 373 Itasca $75,811,214 $4,887,682 1,562 Todd a $21,522,473 $1,486,68 _VIII 370 Kanabec $15,741,538 $1,063,303 338 VIII Wa de"a ,dry Vu �16a961,265 $1,156,71 335 Koochiching $32,486,407 $2,104,190 576 Lake $47,757,065 $3,145,495 822 $83,878,455 27,315 Pine $73,620,392 $4,061,438 969 NORTHWEST REGION St Louis $558,982,545 $37,671,354 11,204 Becker $70,277,951 $4,569,887 1,669 Region Total $945,916,164 $61,752,932 17,623 Beltrami $102,035,925 $6,648,449 2,219 Cass $122,274,372 $7,487,556 2,038 SOUTHERN • Clay $89,423,202 $5,696,850 1,888 Big Stone $4,532,347 $327,012 119 Clearwater $5,492,579 $379,733 214 Blue Earth $213,747,731 $13,679,442 4,391 Hubbard $36,886,811 $2,508,671 787 Brown $41,444,501 $2,780,948 1,163 Kitt- $3,082,369 $181,153 74 Chippewa $15,746,638 $1,092,755 406 Lake of the Woods $38,779,570 $2,145,291 481 Cottonwood $10,035,471 $666,957 298 Mahnomen $14,260,150 $1,019,290 116 Dodge $13,212,260 $946,561 438 Marshall $4,469,502 $345,007 118 Faribault $10,025,931 $690,797 282 Norman $3,179,768 $181,263 66 Fillmore $21,997,217 $1,528,313 678 Pennington $27,635,036 $1,779,576 522 Freeborn $44,279,899 $2,943,419 1,095 Polk $51,876,583 $3,310,330 1,101 Goodhue $87,531,856 $5,490,352 1,999 Red Lake $2,331,642 $167,955 74 Houston $13,426,679 $884,011 328 Roseau $16,768,190 $1,087,828 392 Jackson $11,729,708 $769,053 280 Wilkin $3,432,072 $259,860 97 Lac Qui Parle $3,662,437 $262,074 92 Region Total $592,205,722 $3797689699 11,856 LeSueur $28,325,473 $1,812,663 570 Lincoln $4,067,259 $309,503 135 MINNESOTA Lyon $53,090,438 $3,467,329 1,288 TOTAL $15,321,019,654 $995,869,813 270,490 Martin $40,396,227 $2,716,636 886 Mower $54,100,183 $3,559,528 1,198 Murray $8,775,020 $596,884 177 LEISURE & HOSPITALITY JOBS BY COUNTY 2017 Nicollet $40,220,344 $2,743,085 828 Nobles $30,028,722 ,470 628 Olmsted $490,368,229 $3232,,8282 0,162 8,928 Pipestone $11,019,135 $772,244 285 Redwood $26,202,629 $1,819,634 391 Renville $8,024,012 $568,836 245 ull 110 Rice $147,691,655 $7,097,314 2,282 , Rock $10,833,891 $762,934 263 7,992,311 $574,385 198 M1 e X P L O R e Sibley $ MINN@SO Steele $76,527,205 $4,869,479 1,531 industry.explorem mnesota.comom Swift $9,332,122 $648,767 251 ■ Traverse $1,829,943 $123,161 40 30 t300 Wabasha $27,506,092 $1,844,547 700 ■ �� ,0 - - 0 3, 1 Waseca $17,816,208 $1,193,980 437 1,001 3,000 � 3,001 -86,000 Watonwan $7,856,446 $510,028 225 Winona $111,328,250 $7,126,835 2,545 ... Yellow Medicine $15,149,170 $652,486 215 ■ ■ ■■ E Region Total $1971998539639 $11096509584 Illll 35,815 Notes:State total does not equal the sum of counties or regions because some data is withheld to avoid disclosure of individual businesses;and some state level data is for businesses located outside of Minnesota.The Leisure and Hospitality industry consists of Accommodations;Food Services and Drinking Places;and Arts,Entertainmer�j�p�f3r��t� SOURCE:Minnesota Department of Revenue;U.S.Bureau of Labor Statistics 1/19 `J. tttt i HotelI the Numbers Industry Snapshot in MN-4 MN-4 MINNESOTA HOTEL GUEST SPENDING $448 million $8 billion HOTEL PROPERTIES 62 956 HOTEL GUESTROOMS 6,598 78,397 SHARE OF TOTAL JOBS SUPPORTED BY HOTEL INDUSTRY 1.5% 3.1% TOTAL TAXES PER HOUSEHOLD ($ r $789.89 $1254.16 STATE AND LOCAL TAXES PER HOUSEHOLD $369 $628 ($ per household) Total Hotel Industry Impact in MN-4 MN-4 MINNESOTA BuslNEss SALES (output) 2 billion $19 billion WAGES AND SALARIES $457 Million $5 billion EMPLOYMENT 7,955 115,367 GROSS DOMESTIC PRODUCT $784 Million $9 billion TOTAL TAXES $212 million $3 billion STATE AND LOCAL TAXES $99 million $i billion TAXES ON LODGING $10 million $199 million FEDERAL TAXES $113 million $i billion Con,isOla of direct impecta PI'j"incirect impact,, Direct Hotel Industry Impact in MN-4 MN-4 MINNESOTA BUSINESS SALES (OUTPUT) $469 million $8 billion WAGES AND SALARIES $130 Million $2 billion EMPLOYMENT (NUMBER OF JOBS) 2,767 NaN GROSS DOMESTIC PRODUCT $227 Million $4 billion TOTAL TAXES $79 million $i billion STATE AND LOCAL TAXES $47 million $842 million FEDERAL TAXES $32 million $556 million Page 23 of 108 i I Q 7 A 6q V N CL on cr CL ., V1 G N C O -h 7 } f➢ N Ln N @ ti+ N a CT7 Q 0 3 71 Ca 1+ rD cm c a0 CL G a CU Iro N CJ fs W7 Page 24 of 108 O O O D O k < 2 m 9 9 < m 2 n GI O A r) m m m 3 0 3 �• d d D 3 3 m O= x m p z Z GI tlQ m 0 o m 1Z 0.^. � � ,<„ 3 0 d GI m Z MI N ;,-, v c X' ^ 0 n W 3 m m D D m o < m -• m 3 _00 OO m A 9 0 C x vdi y m IA 0 3 M N = p m m a 01 3 A 7 3 1Zn m as 3 3 D D D O d m as n m ° 1 x z < m v Z W 1 � D � — O � 9 O p- A 1 m 3 y n .-3 A O 3 m 1 3 ry A Z S p n m d 03 d m CL mo 3 N iA iA iA w 03 M M M M F+ F+ !A M N F+ M A F+M F+ M F+ W W F+ l0 M N N W N N Q V ONWO ° WV ° OOOOOOO AOWO OOOOO 0 0VM VA A W O O N 0 A W O O t+ 0 0 0 0 0 0 0 0 0 O O O O O O O o 0 0 0 0 F+ N V O 01N A m V W A N A N N W w N e e e e e e e e e e e e e fd O O O C GI GI GI GI S GI GI GI Z y D D D D .O. D D D m p r r r •• O r r r N 09 p A O :G < 3 O Q 00 a CT Q a N O S S O d H O 3 H 3 N 3 �• 3 S W tr C A S � 1n• 9 � N d O dO 3 0 n d X 'ROdA p N o N N eds S d N O vdi• M" N O p VI M Fx+ A N 3 0 O m � e " m ^ d e m d 3 O c F. F 0, c o s 'G° n m c 3 O 3 Q Z O d N C O G d eSi 3 A .p p. C d by 1n tr C .r S e 3 d 09 H � .3s ry S S 01 d G O 3 O <- G Q 3 H N p S ry S A M O :E S A — O O �• N O ' z G p- 23 3 O d C O d Ln z A O H 3 a d 3 G d C y < 3 13 ry y O - O d ziF C d O = O m 5O s d0. 3 d 09 N 3 e 0 A S d 3 3 •* s Page 25 of 108 / - \ ` - \ rD ( ƒ < \ jcj� z L ) \ / fUQ K - ga = p r ID _ 2 ® - ( ( rD \ } ) a \ e d * § 7 ( _ � ® ` / ® { ° - _ / / Z >W . \ * \ _ ( 0 \ { 77f : z = m > = » = 3 - E ° _ UQ ® \ \ - : = e e e ® : : = 9 2 ( / ) ® 2 K \ » < ) 3 CO. & > ( E ® z , , z Q � _ _ \ E E e n z ; - \ � > : s < < < 2 e ; 3 : : _ = 2 - w > 4 � = = n I I l � = t 0 RL w 0 < \ * 2 ) i C:L C:L - 0 2 y = % % s e e s = > < [ C!EL_ : : m 4 = : a E rD ® \ ) = pee : n n : : : : ° ! ; \ E - : \ / / § w & § t § / / \ / „ : : / 22 $ / / ƒ 7 & \ / $ \ IE : as ; ; ets ; 1 \ �\ F) ; - rD _ z 0 : ;0 ] 2 L 2 e \ - \ ` \ E 2 � \ \ \ � } FD \ \ \ \ : \ $ 0NJ co CL ; : : : E \ \ � / _ - } - \ _ � m CL CL/ m3 0 3 E ® � » ® 7 f : 0 (\ \ 3 ! ` { e * - - - \ rD \ \ § z < = _ _ 2 - / E. } } 7 ` » /rD o , 0 ( m o ; 7 { 3 _ _ _ ` 2 § ( „ B 7 Page 26 7108 Discover Stillwater Five Year Strategic Plan 2019 Mission The mission of Discover Stillwater is to increase the benefit of tourism with an emphasis on overnight stays. Five Year Vision Within five years. . . • Stillwater will leave a welcoming and lasting first impression on visitors. • We will have developed strong off-peak business. * Stillwater will have excellent river access for everyone. * Discover Stillwater will have strong, positive relationships with other community organizations, both public and private. * Stillwater will have a healthy, diverse economy. Three Year Interim Coals Within three years,the following will have been accomplished,ongoing,or on track to help achieve the Vision. . . • Develop communication and collaboration strategies. • Discover Stillwater will be an advocate for tourism infrastructure. * Discover Stillwater will have ongoing effective marketing strategies. • Discover Stillwater will have a sound, productive operational structure and policies. Action Plan 12— 18 Months In order to achieve these goals, moving toward our vision with a constant eye on our mission, Discover Stillwater will accomplish,have ongoing,or be on track for the following: Communication and Collaboration: • Develop a plan to collaborate more closely with other community organizations. * Board members attend meetings of other organizations e.g., City Council, IDA,Chamber. + Do the research necessary to convince others of the economic value of tourism to Stillwater. • Begin advocating for tourism infrastructure funding. • Review the Discover Stillwater brand and taglines Marketing Focus: + Develop a marketing plan. Page 27 of 108 Do more marketing to Twin Cities businesses to hold their off-site business meetings in Stillwater. Existing volunteers will carry this out. • Conduct Familiarization (FAM)tours for meeting planners. Don't lose sight of conventions. Determine what our brand is. Develop brewery, winery and distillery tourism. Incorporate the 1:33 ratio for spending lodging tax dollars. Promote the new bike/pedestrian trails. Internal Affairs: • Assess and build a base of volunteer assistance. • Assess the business model of Discover Stillwater,e.g.,staffing, budget allocations, space, etc. Find other sources of funding. ® Make some key decisions final. Incorporate the 1:33 ratio for spending lodging tax dollars. Page 28 of 108 Oak Park Heights Request for Council Action Meeting Date April 23, 2019 Agenda Item Approve City Council Minutes—April 9, 2019 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature �- -) h. Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 29 of 108 CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 9, 2019 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney Sandstrom, Finance Director Caruso and City Engineer Mann. Absent: City Planner Richards. Mayor McComber added "AARP Community Challenge Grant Opportunity"to New Business as Item C. Councilmember Dougherty, seconded by Councilmember Liljegrcn, moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported she received an email that Oak Park Heights was designated as the eighth safest city in Minnesota; she participated in a presentation on building bridges for the Minnesota Women in City Government the previous week; she and City Administrator Johnson met with Senator Senjem on the Norell Avenue intersection the previous day; she would be attending a meeting with Governor Walz at the Stillwater High School and attending the CVB meeting on April 10, the Minnesota Association of Small Cities on April 15, a meeting with the Center of Environmental Studies and the Xcel Integrated Resources Plan meeting on April 16, the League of Minnesota Cities Board Meeting the following week, and the Chamber Toast and Topics meeting on April 24; and the Minnesota Mayor's Association conference was coming up April 26 and 27 B. Councilmember Dougherty: No report. C. Councilmember Johnson: She reported she would be attending the Brown's Creek Watershed District meeting that evening. D. Councilmember Life ren: He reported that the Planning Commission's next meeting was April 14 and they would be having public hearings on Menards and Stillwater Crossing. E. Councilmember Runk: He reported the next Middle St. Croix Watershed Management Organization was set for April 14. F. StafF City Administrator Johnson reported that he handed out a packet for the upcoming Council goalsetting meeting. He also reported that the deadline for A-1 Maintenance to provide plans for clean up had passed, and the City would give them tight but reasonable deadlines to clean the Page 30 of 108 City Council Meeting Minutes April 9, 2019 Page 2 of 3 site up. City Clerk Pinski reported that Nikki Griffin of 15174 64th Street North was chosen as the recycling award winner and Spring Clean-up was set for Saturday, May 4 from 7:30 a.m. 1:00 p.m. at the Andersen Corporation southwest parking lot. III. Visitors/Public Comment: A. 2018 City Annual Financial Statement—Review by Auditor Dave Mol: Dave Mol provided a presentation and reported a clean opinion on financial statements,no findings on internal controls, and no items of noncompliance. IV. Consent Agenda: A. Approve Bills& Investments B. Approve City Council Minutes—March 26, 2019 C. Approve Business Administrator Designation for Electronic Funds Transfer D. Approve Extension of Due Diligence Period for Madison Hospitality Group to August 15, 2019 E. Approve City Hall HVAC Service Agreement Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: A. Consider Issuance of an Off-Sale 3.2 Malt Liquor License for Kowalski Co!ppanies, Inc._dba Kowalski's Oak Park Heights Market: Mayor McComber opened the Public Hearing. No comments were made. Councilmember Runk, seconded by CounciImember Li1jegren, moved to close the Public Hearing. Councilmember Liljegren, seconded by Councilmember Johnson,moved to approve the license. Carried 5-0. VI. Old Business: A. City Hall Security and Access Management: Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the close out agreement and final payment. Carried 5-0. VII. New Business: A. Permit Installation of Single Camera Detection System 581h and Neal Ave.: Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the agreement and placement of the camera. Carried 5- 0. Page 31 of 108 City Council Meeting Minutes April 9, 2019 Page 3 of 3 B. Consider Amendment or Cancellation of 5/14/19 CijY Council Meeting: Councilmember Dougherty, seconded by Councilmember Johnson, moved to cancel the May 14, 2019 City Council meeting unless there was a need for it. Carried 5-0. C. AARP Community Challen e Grant O ortuni : City Clerk Pinski informed the City Council of a grant opportunity that Councilmember Johnson provided to staff and requested approval to apply for the grant to fund a free bike share program in Oak Park Heights with no fund matching requirement from the City. Councilmember Johnson, seconded by Councilmember Runk, moved to approve the application for the grant. Carried 5-0. VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Liljegren, seconded by Councilmember Johnson, moved to adjourn at 6:25 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 32 of 108 Oak Park Heights Request for Council Action Meeting Date April 23, 2019 Agenda Item Approve Proclamation for Municipal Clerks Week—May 5 - 11, 2019 Time Req. _ Agenda Placement Consent Originating Department/Requestor Mayor Mary McComber Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 33 of 108 ProcCamathm 50th .A.N.NI'VERS.ARY OF NU-'NICIPA£ CLERXS WEER JkIay 5 - 11, 2019 Whereas, The Office of the MunicipaCCCerk, a time honored and vitaCpart of CocaC government exists throughout the -worfi4 and `Whereas, The Office of the AunicpaCCCerk is the oldest among public servants, and Whereas, The Office of the Nunic paCCCerk provides the professionaCCink between the citizens, the CocaCgoverning bodies and agencies of government at other levels, and 'Whereas, JftnicipaCClerks have pledged to be ever mindfuCof their neutrality and impartiality, rendering equalservice to afC Whereas, ?he MunicipaCCCerk serves as the information center on functions of CocaC government and community. 'Whereas, ..7vlunicipaCClerks continuaCCy strive to improve the administration of the affairs of the Office of the MunicipaCClerk through partic pation in education programs, seminars, workshops and the annualmeetings of their state,provincial county and intern.ationalprofessionaCorganizations. Whereas, It is most appropriate that we recognize the accomplishments of the Office of the MunicipaCCCerk. Naw, Therefore, I, Mary McComber, Mayor of the City of Oak Park Heights, do recognize the week of.?►Ray 5 through May 11, 2o1q, as .'AIunicipaCCCerks -Week, and further extend appreciation to our-'AtunicipaCCCerk, Jennifer Pinsk% and to aCC NunicipaCClerks for the vital-services they perform and their exemplary dedication to the communities they represent. Dated this 23rd day of.April, 2019 .Mayor- ----------------------- Mary McComber .Attest: --------------- --------___ Oak Park Heights Request for City Council Action Meeting Date A ri123 2019 Agenda Item Title Planning Commission Term A ointment Time Required 1 minute Agenda Placement Consent Originating Department/Request A a ' Eric Johnson Requester's Signature s Action Requested A oint Jennif ovinazzo to Recommended Term background/Justification(Please ` dicate any previous action, financial implications including budget information and recommendatio ). Jennifer Giovinazzo was appointed in 2017 to fill the uncompleted term of former Commissioner Greg Quale, which ends May 31, 2019. Commissioner Giovinazzo is eligible for a full 3-year term appointment. Commissioner Giovinazzo has indicated her interest in re-appointment to the Planning Commission. Recommendation: 1. Appoint Jennifer Giovinazzo to the Planning Commission, with a 3-year term of June 1, 2019 to May 31, 2022. Page 35 of 108 THIS PAGE INTENTIONALLY LEFT BLANK Page 36 of 108 Oak Park Heights Request for Council Action Meeting Date Aril 23'� 2019 Time Required: 5 Minutes Agenda Item Title: Consider AMENDMENT Special Home Occupation Permit— 14860 Upper 55h Street Stillwater Premier Bengals Agenda Placement Public Hearin --New ew siness Originating Departnient/Requ or: ric.� ohnson Cit Administrator Requester's Signature i. �.FE Action Requested Discussio ` 'ossible Action Background/Justification(PlAse indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo dated 4/19/19 and related documents Page 37 of 108 F City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone 651 439-4439•Fax 651 439-0574 4-19.19 MEMO r� TO: Mayor and City Council MerAbers . FROM: Eric Johnson,City AdrrO'is rarf RE; UPDATE; Pursuant to' mendment uest=Lorenz Home Occupation. As noted in the attached Communication, tie.Lorenz's are seeking an AMENDMENT to their Special Home Occupation Permit to allow additional breeding Bengal cats upon the premises where they operate a home occupation.The request seeks the allowance to moving from eight(8)breeding Females to twelve(12)and two(2) males to three(3).On 4/18/191 did make a site visit to 14860 Upper 559,Street N and met with the Owners Michelle and Corey Lorenz. I would note the following conditions: 1. The location where the cats are kept remains in the accessory/attached garage and remains in good condition. However,this garage is NOW at full capacity with this expansion as each cat must be provided reasonable space in such kennel. See enclosed images. 2. All the animals kept appeared to be in healthy condition. 3. Files requested to be viewed appeared to be in proper order-(transfer of animals). 4. There was not any outside of the homelgarage area where it could be noted that the site was operating as a commercial activity,To date no site complaints have been received. Recommendation: Staff would recommend that the request be approved with the further stipulations amending the current permit. o As it relates to any cats over 24 weeks of age: not more than 12 female and 3 male cats are permitted on the premises for any reason. o Condition Number 7 of the current Home Occupation permit shall be revised to°Two Hours" per day.(This is to ensure exercise as some of these kennels are small). o That all other previous conditions remain as issued. ENCLOSURES: 1. Copy of Lorenz's letter—dated 412119 and Application—seeking expansion. 2. Public Hearing Notice as Published. 3. Copy of current Special Home Occupation Permit. 4. Copy of current State Licensure and Copy of a Sample Animal Transfer as required by State. 5. Current internal site images—Taken 4118/19 6. Staff report from 1217118 Page 38 of 108 Dale AwCc�,, 7019 T'b Whorn it W,Cmem, 1, Odcy l a SUwaket fiangalm,letNo pwm,=mQn vo�-Icmaaw waz 'ILI Im-mlef Of MS in OW cetWy. Od&WAy whm a rnxvtw was dhw��w�jo ric E hs to dulsto pIck a nuftw,w4 NO t kanw if w vAnW WROcMQ30 It. Vide am ONMMly at 8 breedft knoft:u;and 2 bmeding mome-st. W*wOtAd We to inc-man oix numbw to 12 bmeding femom md 2 bmedkV mahm In ordw to got a kaw rhxus��'theMM, Board of Animel PWsM(whk-h WeCUMWVUYdtsin),I�wc waft to a mm vi 10 brmd!rQ ar*v*s. We have had rot ftss WAll ar*nds Pee up to d4ft on 2W4 FaV0,9,vao*w arw wM ansum Oud Ow now bnmdiV hwnWn wN fv%vv it too. 411 ativyAnts are w and accumte NoanArsq is dorw in�Oop R up 10 tho la"'n W4 RDWd oV Ar knd Hero. fbt y4ow conskjorahm, Mscbe#e Looenz G-,V,Itpf of Stinwat& Pnvniar a"s Page 39 of 108 x City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Phone (651)439-4439 - Fax(651)439-0574 www.cityofoakparkheights.com HOME OCCUPATION PERMIT APPLICATION Applicant: Vl Z Phone# Street Address: I Hapo U per Jrsthst 1 V Citak I�L�� S Zip_5��$� Email• IIWatcrflrem �x 5 ryrUCL 1. corn f Pursuant to MN Statute 270.0O2 Tax Clearance; Issuance of Licenses,the licensing authority is required to provide the Minnesota Commissioner of Revenue your Minnesota business tax identification number. Please provide the following information as it applies to your Dome occupation: Business Name as certified by the Minnesota Secretary of State: ti l l W attr PY--P-Mi Doing Business as Name, if different that certified with Minnesota Secretary of State: Minnesota Tax Identification Number: Federal Tax Identification Number: For application property: Street Address: r E351-I-) f CityC�jk P r k 1p In ZIP !SSO 97- Ili Legal Description of the property: Zoning District: Page 40 of 108 Is the property connected to the City water and sewer system? Yes _, No (If additional space is needed to adequately answer the following, please accurately number and answer the responses on the back of these sheets.) Describe the home occupation (type of home business) being proposed: d Describe the character of the existing surrounding property: Who is to be employed in proposed occupation? Will any person(s) be employed that does not live at the occupation address listed in this application? Yes, No In what part of the structure will the occupation be located? �1 Q Page 41 of 108 How many customers will be served at one time? I -� yaw 1R-S What are the intended days and hours of this occupation? i+ V A-V-i p.S VLAf n D What service will this occupation provide? P ` Is off street parking available? Yes No If yes, describe location, capacity and type of surface: C ) Will there be a need for street parking? �Yes No If yes, how much space will be needed? " r t- C�b Ar know o w `rC-eA.n Pc,,r R n+-Kp3 C1v-iv-9 Will the occupation require the use of an accessory building? Yes '>< No If yes, please justify the need of an accessory building and describe the facility: Page 42 of 108 Are other governmental licenses or permits required to legally conduct business in this occupation? -^Yes No If yes, please list the licenses and/or permits below: The City reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of Zoning Ordinance 401.15.M "Home Occupations." May the City inspect the premise during the application process? Yes-No If no, please explain: Is there any additional information regarding this application that the City should be aware of concerning the occupation? ------------------------------- By signing this application, I declare that I have read all applicable City Ordinances. I affirm that all information provided to the City of Oak Park Heights on this application,or as a part thereof, is true and accurate to the best of my knowledge. Date: 511 1C) Signature of Applicant Page 43 of 108 Please Check One: Fee shall be submitted with complete application. Special Home Occupation --Fee: $100 (Ordinances 401.03 &401.15.M) Permitted Home Occupation - Fee: $ 25 (Ordinance 401.15.M) Home Occupation Renewal (Annual) —Fee: $ 15 Page 44 of 108 Will the home occupation require or involve any equipment not normally found in a dwelling unit? X Yes No If yes, please describe the equipment: Will the occupation involve over-the-counter sale of merchandise produced off the premises? Yes C�No If yes, please describe the merchandise to be sold: How long do you anticipate the occupation be carried on at this address? How much of an investment in the premise is required for this occupation? If an investment is required, does it include alteration? Interior Exterior If so, please describe the required alteration: Page 45 of 108 elvd P 2� NOTICE OF PUBLIC HEARING ON APPLICATION FOR AN AMENDMENT TO A SPECIAL HOME OCCUPATION LICENSE TO ALLOW A SMALL BUSINESS TO OPERATE IN A HOME THAT WILL INCLUDE BREEDING& SALE OF BENGAL CATS LOCATED AT 14860 Upper 55th Street CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA NOTICE IS HEREBY GIVEN that the City Council for the City of Oak Park Heights, Washington County, Minnesota shall hold a public hearing, at the direction of the City Administrator, upon the application of Ms. Michelle Lorenz to amend a small business Special Home Occupation license for CAT BREEDING AND SALES OF BENGAL CATS —increasing the number from 10 to 14; located at 14860 Upper 55t`Street., City of Oak Park Heights,County of Washington and State of Minnesota,legally described as follows: BREKKE HEIGHTS,Lot 7,Block 1 Washington County Property Number: 0402920140008 The public hearing shall be held before the City Council on Tuesday,April 23rd, 2019 at 6:00 o'clock p.m. at the City Hall, 14168 Oak Park Blvd. N., Oak Park Heights, Minnesota 55082. All written and oral comments will be considered. Following such review,the City Council may take further action including but not limited to approval,denial or continuance. Dated this 9'h day of April,2019. BY ORDER OF THE CITY COUNCIL Eric Johnson, City AdmiAll for Page 46 of 108 a. $ 100.00 No. 2019-001 # State of Minnesota } City of Oak Park Heights County of Washington )SS. Office of Administration 2019 Home Occupation Permit IN CONSIDERATION OF the statements made by Michelle Marie Lorenz in her application therefore duly filed in this office,which application is hereby made a part hereof, PERMISSION IS HEREBY GRANTED To said Michelle Marie Lorenz(Applicant)as owner of Stillwater Premier Bengels, a Bengal cat breeding business situated upon that tract of land with the physical address of 44860 Upper 55m St.N., Oak Park Heights, MN 55082. This permit is granted upon the express conditions that said owner and her contractors, agents, workers and employees, shall comply in all respects with the December 11, 2018 conditions of approval as noted below and ordinances of the City of Oak Park Heights. Conditions of Permit: 1. When requested by the City, the Applicant shall provide the City Administrator and/or Building Oficial unscheduled access to the home and garage areas for the purposes of an animal welfare check including access to all animal records. For the purposes of this condition, access must be granted within two hours of a request made by the City. Nothing in this condition supersedes the City's ability to access the property if alternative legal methods are warranted and utilized. 2. The Applicant's State licensure shall remain in proper order and in-effect. 3. All cats and dogs kept at the property shall be duly licensed over the age of 6 months; no exceptions. 4. The Applicant shall maintain a medical/welfare file of any animal on the premises over 14 weeks old. Such data shall include status of medical examinations with signatures by a licensed veterinarian including but not limited to, proof of vaccinations and other records so as to reasonably ascertain health and wellness. 5. The Applicant shall comply with State Statute(s) associated with any animals kept on the property, including but not limited to MN STAT. 343.20, 343.21, 343.24, 343.27, 343.28 & 343.31 and 346.35; 346.36, 346.37&346.39 6, No more than two (2) males and (8 females) cats may be kept on the property. Litters of kittens under the age of 24 weeks are not included in this calculation.A HEPA air filtration system shall remain fully-operable and utilized at all times. !f Page 47 of 108 1 i 7. No cats may be maintained outdoors or outside the primary home or its attached garage.All cats shall have reasonable time outside of their respective caged area to free roam within the garage area and not less than 1 hour per day to do so. 8. Boarding, keeping or maintaining of other cats and dogs not specifically owned by the Applicant is prohibited. 9. All animal waste shall be maintained in fashion so that it does not create a noxious odor or visual impairment to the neighborhood.The Applicant shall additionally pay a $75.00 annual fee to the City to offset the estimated tonnage associated Wth cat litter disposal. 10. Should the Applicants move from the premises, yet decide to retain ownership of the home and rent out such space, this permit would be void. The Applicant must maintain the home as their primary domicile and occupy such home. 11. The Applicant agrees that any enforcement action deemed necessary by the City under this permit shall be immediately complied with. Any enforcement action (including impoundment and/or boarding costs)initiated by the City under this permit shall be at the cost of the Applicant who shall reimburse the City therefore, including but not limited to the City's attomey's fees. Given under the hand of the City Adminis for said City of Oak Park Heights and its corporate seal this 19th day of December, 2 nc ohnson, City Administrator Page 48 of 108 a +w..a...w.awY.w••w.•w.Yra.ra•waar�•a.■wa•w•trarwa•wliw�.+�Yk�►..r+Y.Rww�.laway®aw.+�.«rYaaet.�..Www+ww'.wtrwYr�,wur�,wY�a...rtMt.awuwr. . : .�t..w w i nd m 1 G-n'' c-� az� a'rt�b tn s 1 - m 1 N cn E �' tD co 1 LM I t I ' M 40 Ln � � 1 1 f 1 rrt14 . J.... f NiiiiiiiiiiiiiiiiiiiiiiiiII�il t" .�. tA r LU 1 L s i j = + i E J - o 0 to z � a i a � Z � r Z E •w. .�-.ar..+a.f r•++MJ+so w a6 Y.ra.#MONI.I�.MkfaI.EMSai91YL'i��YrisltlaA#bql•�Arls•IAllafl�a�y�i�l��.!#!i'� Page 49 of 108 I �R. L w � b 10 o_ 13 ou z DO LA !0 , , � � C OO a I M C I C r 4... v = mL` � A ` Q CL M w C m } -off c v aIn ' E OPlf<� & EI , � C «� til C 0 11 g 1° 0 4 R v CL m F, 11 _ .�. p i FT' , ' ''moi �I •w vma �r • + Al E � I I gyp , y N y big, Si d raw T, RP — i Page 51 of 108 R . JEW WAR =z- ,ter It T x' tl4 � axmY.T �,... ,� ,.. - x--rte• « y ,at �'•. ..,, * w�" % , ,.. �,. I i I - 4f a .. yam.--,... .. r MR` u 0 y � , r � s 4 � r AM _ Elio= a A s� y [j, y. f a M •a � s S n` 4 , fl i ENG 4+ o City of Oak Park Heights 14168 Oak Park Blvd N•Oak Park H ' MN 55082•Phone 051 434-4439«Fax(65!1439-0574 128118 MEMO TO: Mayor and City Council bore Eric Johnson,City in RE: Special Home occupation Li Request-14861)U Ppm'SSS Street N. Summary; The Corley and Michelle Lorenz,(the Appk )the owner of 14860 Upper 5P Stet have been operating a cat breeding business'Stillwater Premier Bengal Cats"inside the garage of their property for appmxknately the last 12 months, The Applicants were unaware that such a use—a commercial operation-Is not psrmltWd in the City without a review and the poss1bie Isssuanoe of a Home Occupation Permit.In this particular rase a SPECIAL HOME OCCUPATION PERMIT They have now applied for under such permit under City Ord.401.15 M.2.b. The Applicants breed 'Bengal cats", a domestic breed identified by the American Cat Fancier AssociationIft - :Nwwrw.cfa.o IBreed$/BreedsAB/Berwai.as x The Applicants sell such kittens for approximately$1,00(}each and ane apparently desirable due to their maricir�s and temperament Attachments: 1. Application and Breed Imbmation 2. Photos from Site Visit made on 1216118. 3. MN Statutory elements 4. City Ordinances: 601 Kennel and 4015.15 M-Special Home Occupations 5. Copy of Public Hearing Notice Site Vlslt: The Applicants keep the cats inside their attached garage which is approximately 400 square fleet two-car garage is insulated and heated.At the time of the visit,tho cats appy to be '( gam)•Such Each cat(except the bmedin may,*nilly and in good condition. g pair)is contained in a large iwa level cage.The garage was worm,tidy with�odor than expected,the Applicants have installed a HEPA air filtration system in the garage.The garage is just off-the kitchen in a rambler-siyie home. NOTE.,The��haw a Kernel Pwmg for the Mm �panion dogs. Kennels: City Ord.601 does reference and require a Kennel permit when there are three or more dogs located on the premises. However, the definitions in the City's ordinances does only apply for dogs—noted below, In effect therenot sne�;i�c 'flmir on the number of a in a . 601.019 Kwmek it&Wbe unbW to oMob any WNW W*W a P."ato operate the same tresboon sem "M the� br advance. Page 58 of 158 Page 54 of 108 1. 'Commercial Kmnnel"mmarrs a kermel where In are bred andbr sold for resale, k ly or In Nfer kts, wheitWorrrotenyofftese mimes are also kW)brPe►a Wyse and where fthalnass maybe aprimarysource Of loam Corrsnarcdel kenrrafs are eso piaces where dogs are boarded,groonreuy or trakred far a to L Yfennel`means any prsoe where flues(3)l ar inane(or�4p to the nrurrber of dogs perrnkted as aR arAessory U88 WM the Zoning Codes and wghin the Anrtiahbrrs tlrerefrr Pmvldedl ovarlow(4)monttrs of age are kept MW sold,boarded,brag ehoxm,t►aaied,org=med However,it is the element of the commercial activity being conducted in the home-the act of operating a business, per-se(as these are not companion animals)and having people come to the property for the viewing and purchase of such animals that triggers such review. Special Home Occupation acrd Stale Liconsure; City Orta.401.15 M 3.c.2 does allow a SPECIAL HOME OCCUPATION to be cortducl ed in an AccessoryStructure (garage),assuming compliance with the other related elements found In 401.15 M.a&b;the latter which outlines exterior storage,prohibition of outside employees,prohibition of signage,appiicatbn of building codes,and hours of operation. The Applicants have provided proof of their registration#549420 with the State of Minnesota and which also requires a site inspection by State personnel and verification by a veterinarfan.Both reviews are intended to prevent improper Conditions. Recommendation: The Applicant's proposal and uses does not appear that it would alter the residential character of the neighborhood as all operations would be indoors and visits to the sb from prospective buyers of the catswould likely be very limited and of non-commercial vehicle types.Stafrs Iarger concern Is that of animal welfare,but for which the City must heavily rely on the reviews outlined by the State of MN.Therefore,STAFF would recommend approval with the following conditions. Conditions for Approval: In addition to those requirements found in City Ordinances including but not limited to 401.15 M.&a.and b(parts 1& 2)the folbtsing shall be conditions of approval as noted below(1-11);If non-compliance is found by the City it shall be immediate grounds for Permit revocation and all animals shall be removed from the City within 72 hours: 9. The Applic:antshall provide the City Staff immadate aocess to the property torthe purpom of she Inspection and animal webre check at anytime,inducing access to all animal records. Z The Applicant's State licensure shall remain in proper order and N►4fect. 3. AD cats and dogs kept at the properly shall be dory licensed over the age of 6 months;no exceptions. 4. The Applicant Ad mdntain a medal Avelfare ffle of any animal on the prembw curer 14 weeks old,Such date Mall include status or medical examinations with signatures by a incensed veiednatian including but nal limited to,proof`of vacclnatlons and other records so as to masonably ascertain health and wellnew. 5. The Applicant shall comply with Stet Sftft(s)associated with any animals kept on the property,including but not Ilmhad to MN STAT,343.21),343.21,343.24,343.27,343.28&343.31 and 348.35;346.36,346.37&346.39 6. No more than two(2)mates and(8 females)cats may be kept on the property.Littera of Millen under the age of 24 weeks are not Included in this calculation,A NEPA alrflitra m system shall remain fully-operable and utilized at an times. 7. No cats may be maintained outdoors or outside the primary home or its attadted garage.All cats shall have reasonable time outside of their respective aged area to free roam within the ganga area and not less than 1 hour per day to do so. 8. 908MIM,keeping or maintalning of other cats and dogs not spedffcWiy owned by the Applicant is prohibited. Page 59 of 158 Page 55 of 108 9. All animal waste shall be maintained in fashion so that it does not create a noxious odor of visual impairment to the neigirbarhood, The Applicant shall additlonally pay a$75.40 annul flee to the Glty to offset the estimated tonnage associated with cat titter disposal, 10, Should the Applk aes nave hom the pmdM yet dedde to retain ownership of the home and rent out such space,this permit would be void.The Applfcant must maintain the home as their primary domldte and occupy such home. III. TheApplfcant shall agree that any enfommmt action deemed nary by the ft shall be imrrredl Subsequent enfor ment{indudfng impoundment andfor bcerding mcs1s)shall be Mable to the Applicant and rnt n-payment c vAlh arid f which shall be fully assessable to the property as a tax tierr. Page 60 of 158 Page 56 of 108 401.15.M. Home Occupations. I. Purpose. The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. 2. Procedures and Permits. 2 a. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance,and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling(excluding attached garage space and/or any accessory structures). The permitted home occupation shall require a"permitted home occupation permit". Such permits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the° ermitt cl home occupationpermit"ihall be accompanied by a file as adopted by the City Council. If the Zdning Administrator denies a permitted home occupation permit to an applicant,the applicant may appeal the decision to the City Council. The permit shall remain in force and effect until such time as ere as been a change in conditions or until such time as the provisions of this Section have been breached. An annual fee, as set by the Gity Council,willcharge e a'�pplica tnfn At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission,following the procedural provisions of a conanional use permit in Section 401.03 of this Ordinance. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this �•� Section shall require a us tial home occu tion erm 'which shall be "P applied r reviewed an dis.,posed on in accordance with the procedural rovisions"of`"a conditional use 0 03 of this Ordinance. C. Declaration of Conditions. The City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to cant'out the purpose and provisions of this Section. "15-77 Page 96 of 158 Page 57 of 108 d. Transferability. Permits shall not run with the land and shall not be transferable. e. Lapse of Special Home Occupation Permit by Non-Use. Whenever within one(1)year after granting a permit the use as permitted by the permit shalt not have been initiated,then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty(30)days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the City Council for a decision. 2 f. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six(6)months from the date of its denial unless a decision to reconsider such matters is made by not less than four-fifths (415) vote of the City Council. 3. Requirement-General Provisions. All home occupations shall comply with the following general provisions and according to definition,the applicable requirement provisions. a. General Provisions. 1) No home occupation shall produce light,glare, noise, odor,vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof,and shall result in no incompatibility or disturbance to the surrounding residential uses. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. 15-78 Page 97 of 158 Page 58 of 108 5) There shall be no exterior storage of equipment or materials used in the home occupation,except personal automobiles used in the home occupation may be parked on the site. 8) The home occupation shall meet all applicable fire and building codes. 12 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 8) All home occupations shall comply with the provisions of the City Code. 9) No home occupation shall be conducted between the hours of 10:00 pm. and 7:00 am. unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on-street parking facilities. 10) No commodity shall be sold on the premises. 11) Not over twenty-five (25) percent of any one story can be used for a home occupation. b. Requirements-Permitted Home Occupations. 1) No person other than those who customarily reside on the premises shall be employed. 2) The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3) All permitted home occupations shall be conducted entirely within the principal dwelling,excluding attached garage space, and may not be conducted in an accessory building. C. Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. 1.82 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed'by state statute or regulation such as day care group nursery or whibh comply with Sections a and b above (except for b.2), but are conducted entirely within the principal building, attached garage space, or detached accessory building. 15-79 Page 98 of 158 Page 59 of 108 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 4). The general public shall be permitted to come to the Mmmkmain questions s pe ming a conduct of the home occupation. �4. Transient Lodgin , Transient Lodging shall be consid in all Residential District with the uance of a Conditional Use Perm' according to Section 401.03.A,7 and that a following criteria are satisfactori met. a. General Provis no. Only a detached single ily home may be utilized for transient lodging nsistent with the terms an conditions found herein: 1) The facility sh 11 have a State issue license for lodging and/or food service, and !o mply with and m Intain all health, safety, building and fire codes a ay be requi or applicable by the Building Official. The ow r is respons' le to ensure the facility is code compliant. 2) The owner may or may of upy the structure while such facility is being utilized as a trans' t I dging facility. There shall be a limit of three (3) transient guests r bedroom and a limit of three (3) bedrooms for transient lod in the facility. 3) All bedroom units shall b estab" hed within a principal structure or accessory structure. 4) No transient lodging fa lity shall be ated closer than at least fire hundred (500) feet other bed a breakfast facilities and/or transient lodging as m asured from prop rty lines. 5) Dining and other fact ies shall not be open to the public but shall be used exclusively y the registered guests the facility. fi) Two(2)off-street p rking spaces shall be provid for the facility use plus one (1) for e h bedroom over two (2) bed ms. No parking spaces shall be i ted in the front yard of the prope ,other than on an existing drive y. All parking areas shall be proved with asphalt, concrete r materials suitable to control dust an rainage as approved by the ity Engineer. 15`80 Page 99 of 158 Page 60 of 108 Oak Park heights Request for Council Action Meeting Date Aril 23rd 2019 Time Required: 5 Minute Agenda Item Title: 5845 Stagecoach Trail N- Ro D a es Agenda Placement New Business Originating Department/Requestor: ric Jr drain'w6ator Requester's Signature Action Requested Discussion/Possible Ac on Background/Justification(Please indicate i any previous action has been taken or if other public bodies have advised): Please see the attached memo dated 4119119 and related resolution. Page 61 of 108 F�;x r+Y City of Oak Park Heights Page 1 of 1 14168 Oak Park Blvd. N•Oak Paris Heights,MN 55082•Phone 651 439-4439•Fax 651 439-0574 419.19 MEMO TO: Mayor and City Council M be FROM: Eric Johnson,City Ad ni RE: 5845 Stagecoach Trail N. , On or about March 4th, 2099, the City became aware of the damages sustained to the Al- Building located at 5845 Stagecoach Trail N. Staff can only speculate that the cause of the roof failure was due to age and/or snow loads, however to date the matter has not been addressed or repaired. Staff has requested a meritorious plan to address the unsafe and potentially nuisance conditions found at the site. Such a plan has not been provided and the matter cannot remain in its current conditions without defined timelines, Accordingly, Staff is recommending the passage of the enclosed resolution that would require specific action on the part of the property ownerto address these conditions by not later than,lune 3001,2019.This should provide reasonable time to determine and implement a proper course of action. Certainly,the Owner may request reasonable extensions to this date which the Council may consider,however action should move along. Page 62 of 108 RESOLUTION CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND ORDERING THE REPAIR OR REMOVAL OF HAZARDOUS BUILDING LOCATED AT 5845 STAGECOACH TRAIL NORTH WHEREAS,the property located at 5845 Stagecoach Trail North in the City of Oak Park Heights (hereinafter"Property"), as legally described on the attached"Exhibit 1,"has recently had the roof collapse in late February or early March of 2019 following a winter snowfall; and WHEREAS,the City became aware of the matter and City's Building Official Julie Hultman procured multiple photographs of the unsafe and hazardous condition of the Property on or about March 6, 2019,which are attached hereto as "Exhibit 2."Not only is the roof collapsed,but at least one wall also appears to be bowed, damaged, and structurally unsound; and WHEREAS,according to county property tax records,the Property is owned by A-1 Maintenance, Inc.,P.O. Box 10904, White Bear Lake,MN 55110. According to the Secretary of State,the CEO and registered agent of A-1 Maintenance, Inc. is Jon Nelson, 9010 681h Street N., Grant,MN 55082; and WHEREAS,Ms. Hultman sent a certified tetter to the owner of the Property on March 8, 2019 advising that the Property was unsafe and unfit for occupancy, and directing the owner to abate, repair, or demolish the public nuisance condition of the Property no later than April 8, 2019. A true and correct copy of Ms. Hultman's letter is attached as "Exhibit 3;"and WHEREAS, as of the date of this Resolution,the unsafe and hazardous condition of the Property has not been repaired or otherwise abated; and WHEREAS,based upon the foregoing information and exhibits,the City Council of the City of Oak Park Heights makes the following findings of fact regarding the Property: 1. The structure in question on the Property has a substantially collapsed roof, bowed and damaged walls, and is unsafe,uninhabitable, a public nuisance, and is hazardous. 2. The condition of the structure allows the elements,weather,and birds or pests to enter the structure. 3. The condition of the structure renders it susceptible to further collapse, causing a risk to the safety of any occupants and the public. Page 63 of 108 4. The Building Official further notes that the Property is in need of review by a structural engineer and any identified structural problems must be repaired. 5. The Building Official notes the property is hazardous,unsafe, and uninhabitable, and in lieu of the foregoing extensive repairs,may be better off simply razed and torn down. WHEREAS, Minn. Stat. §§463.15 to 463.261 provides the power to the City to demand the repair or removal of hazardous or substandard buildings for the benefit of public health and safety; and WHEREAS, the City's Code of Ordinances, section 1109.01, defines as a public nuisance any property which endangers the health, safety, comfort or repose of the public or depreciates the value of other properties in the City; and WHEREAS,the City's Code of Ordinances, section 1109.04.G, defines as a public nuisance any building or alterations to buildings made in violation of fire ordinances and building codes concerning manner and materials and construction. WHEREAS, Building Official Hultman opines that the Property is in violation of Minn. State Building Code 1300.0180; and WHEREAS,the City is concerned for the safety of any occupants of the Property and directs that the Property be vacated until it is properly repaired. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY DECLARES AND ORDERS AS FOLLOWS: 1. The foregoing recitals and findings of fact are true and correct and incorporated herein by reference. 2. The City finds and declares that the building on the Property located at 5845 Stagecoach Trail North is a hazardous and substandard building as set forth in Minnesota Statutes Chapter 463 and is declared a public nuisance under applicable City Code because of inadequate maintenance, dilapidation,physical damage, and unsafe conditions,and constitutes a fire hazard and a hazard to public safety and health,particularly to its occupants and other nearby properties. 3. The City orders that the following repairs to the Property must be completed: repair of the damaged roof,walls and structural elements throughout the Property,to be compliant with Building Code and as recommended by a duly licensed structural engineer,with any repair work to be performed by a duly licensed contractor. 4. The Owner and his contractors shall obtain proper Building Permits for all work to be performed, and all repair work shall be duly inspected by the Building Official as the work progresses and shall be performed in conformance with State Building Codes. 2 Page 64 of 108 5. In lieu of the foregoing repairs,which are extensive and may be cost prohibitive given the age,condition,and value of the Property,then the City orders that the hazardous structure on the Property be razed, demolished, and torn down. 6. The City orders that the foregoing repairs or demolition be completed no later than June 34,2019, which is deemed to provide a reasonable time to gain compliance. 7. The City directs that the Property should not be inhabited or used unless and until such repairs are completed. 8. The owner and any tenants or occupants are hereby notified that a motion for summary enforcement of this Order will be made to the Washington County District Court unless timely corrective action is taken,or unless an answer is filed within the time specified in Minn. Stat. § 463.18. 9. The owner and occupants are further notified that enforcement of this Order in the court will include a request that the City be permitted to enter onto the Property per Minn. Stat. § 463.151 and abate and correct all conditions thereon,up to and including razing the hazardous building, and assess all reasonable costs therefore against the Property, or obtain a personal judgment against the owner,pursuant to Minn. Stat. § 463.21. 10. This Order shall be served upon the owner of record,upon the occupying tenant, and upon all lienholders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found,the order shall be served upon the owner by posting it at the main entrance to the building, and by four weeks'publication in the official newspaper of the City. Approved by the City Council of the City of Oak Park Heights this day of April,2019. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 65 of 108 EXHIBIT 1 LEGAL DESCRIPTION All that part of the Northwest Quarter of the Northeast Quarter(NW 1/4 of Nh `/a) and Northeast Quarter of the Northwest Quarter(NE 1/4 of NW 1/4)of Section Three (3) Township Twenty-nine (29), Range Twenty(20), described as follows: commencing at a point 5 rods and 3 links east from the Southwest corner of the Northwest Quarter of the Northeast Quarter(NW 1/4 of NE 1/4) of Section 3 (3)Township Twenty-nine(29),Range Twenty(20), thence east 4 rods and 22 links,thence North 32 rods and 22 links,thence South 77 degrees west 10 rods for a point of beginning;thence South 13 degrees East 100 feet,thence North 77 degrees east 300 feet,thence North 13 degrees west 50 feet,thence south 77 degrees west 150 feet,thence North 13 degrees west 50 feet,thence South 77 degrees west 150 feet to the point of beginning. EXCEPT a strip of ground Thirty(30) feet wide running from north to south through and across the following described real estate:All that part of the Northwest Quarter of the Northeast Quarter(NW 1/4 of NE 1/4) of Section Three (3) in Township Twenty-nine(29)North of Range Twenty(20) West, described as follows,to-wit: Commencing at the Southwest corner of a piece of land heretofore deed by John Cover and wife Elizabeth cover by deed dated May 19, 1858, and recorded in the office of the Register of Deeds in and for said County in Book J of Deeds on page 344,thence north seventy-seven(77) degrees east, along the south line of said last described tract Three hundred(3 00) feet,thence south thirteen(13)degrees east, fifty(50) feet,thence south seventy- seven(77)degrees west,three hundred(300)feet,thence north thirteen(13) degrees west, fifty (50) feet to place of beginning, in accordance with a survey made of said Thirty(30)foot strip by George Cox dated September 9, 1906, a map or plat of which survey is attached to the certain deed dated January 7, 1907,made by George W.E. Hill and wife to the State of Minnesota, marked"Exhibit A",which deed is recorded in Book 68 of Deeds on Page 8,in the office of the Register of Deeds in and for said county,reference to which deed and exhibit is hereby made for a more particular description of the real estate herein conveyed, and a duplicate of said map or plat is on file in the office of the State Auditor of the State of Minnesota at the Capitol building in the City of St. Paul, said State. Said second party agrees to construct crossing for the use of said first party, his heirs and assigns. ALSO EXCEPTING all that part of said NW 1/4 of NE 1/a of said Section Three (3) described as follows: Commencing at a point 5 rods and 3 links East of the Southwest corner of the NW 1/4 of NE 1/4 of said Section 3;thence North 13 degrees West a distance of 411.5 feet;thence North 77 degrees East a distance of 183 feet to the point of beginning; thence continuing a distance of 150 feet; thence North 13 degrees West a distance of 50 feet; thence south 77 degrees West a distance of 150 feet;thence South 13 degrees East a distance of 50 feet to point of beginning. EXCEPT a strip of land 30 feet wide running from North to South through and across the above described property as described in that certain deed dated January 17, 1907 and recorded in Book 68 of Deeds on page 8 in the office of the Register of Deeds in and for said County. This property is Torrens, the Torrens Certificate No. is 49978 PID: 03.029.20.12.0013 Property Address: 5845 Stage Coach Trail, Oak Park Heights, Minnesota 4 Page 66 of 108 EXHIBIT 2 BUILDING OFFICIAL PHOTOGRAHS FROM 03/06/19 5 Page 67 of 108 w it N M " 1 0 ej ion • n n i u d J( P.'^ I 9 M I r Alf, .�y +o M m _ ' # V 41 a tX ,a Ow ov rAP " . a�a • 4 wig tib.- k' �r.. • � .µ " ,7 17N IAL w f - ^ ►p �p r ""h.a v ,µ +�• A f dumb �'"�N'�,� ,...q• '�.�'_ _ �w ,�. "dW I vn W + _b w � I m _ - may, a Y e� , - i -- k lit l !' •�� °�'�� 'orf Y" Page 70 of 108 t 1 l � A 1 i S� 4 4� p iA "... Page 71 of 108 _ " 1111 pill Al UIN s t w 4� mIlk. k , e w w ltd a, Page 72 of 108 .......— �w w v 4. a, M r. at �p I fir.. Page 73 of 108 m EXHIBIT 3 BUILDING OFFICIAL LETTER SENT 03/08/19 6 Page 74 of 108 CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard North • Oak Park heights.NIN 55082 Phone:6511439.4439 • Fax.6511439-0574 March 8,2019 CERTIFIED MAIL Mr.Jon Nelson A-1 Maintenance P.O. Box 10904 White Bear Lake, MN 55110 Re: Roof Collapse @ 5845 Stagecoach Trail, N.,Oak bark Heights, MN Dear Mr. Nelson: A large portion of the roof has collapsed at your shop,located at 5845 Stagecoach Trail N.,Oak Park Heights, MN 55082. The collapse appears to be approximately one-half of the rear garage area. The back wall is visibly bowed. This condition presents a safety hazard to human occupancy and is deemed unsafe for human occupancy and is a public nuisance per 2015 Minnesota State Building Code Section 1300.0180 Unsafe Buildings and Structures.A copy of this Code section is enclosed. The building shall be immediately vacated and remain so,until such time that the public nuisance is abated. Abatement may be accomplished through repair of the roof&structure or demolition of the structure. While it is likely that you are already taking the steps to abate the situation,this letter serves as the Ci s Order that the building be vacated immediately and that the Public nuisance of its unsafe conditi n be undertaken as soon as possible,but no later than Tuesday,Aril S.2019. A city licensed contractor is required to perform the building repair or demolish it. A work permit shall be required. Structural engineering for repair of the wall shall be required and provided with the work permit application. Regardless of your plan for abatement,a meeting to discuss options Is with merit. Please contact me to set this up,upon your receipt of this letter. Your prompt attention is appreciated. 9 w .p f. f Ya 9 Sincerely, PLANNING&CODE ENFORCEMENT IV, # . �o Ju a ultman , y Enclosure . c: Eric Johnson,City Administrator IT Tree City U.S.A. Page 75 of 108 2015 Minnesota State Building Code 1300.0180 UNSAFE BUILDING OR STRUCTURES A building or structure regulated by the code is unsafe,for purposes of this part, if it is structurally unsafe, not provided with adequate egress,a fire hazard,or otherwise dangerous to human life. Building service equipment that is regulated by the code is unsafe,for purposes of this part, if it is a fire,electrical or health hazard;an unsanitary condition;or otherwise dangerous to human life. Use of a building,structure or building service equipment constituting a hazard to safety, health,or public welfare by reason of inadequate maintenance,dilapidation, obsolescence,fire hazard, disaster, damage, or abandonment is,for the purposes of this part, an unsafe use. Parapet walls,cornices, spires,towers,tanks,statuary,and other appendages or structural members that are supported by,attached to or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in the code are unsafe building appendages. The building official shall order any building or portion of a building to be vacated if continued use is dangerous to life, health,or safety of the occupants. The building official shall have the authority to order,disconnection of utility services to the building,structure, or system, regulated by the code, In case of an emergency to eliminate a hazard to life or property. The order shall be in writing and state the reasons for the action. All unsafe buildings, structures, or appendages are public nuisances and must be abated by repair, rehabilitation,demolition,or removal according to Minnesota Statutes,Section 463.15 to 463.26 Page 76 of 108 Postal CERTIFIED MAI� RECEIPT ru foomestic,4611 Otily, No J , ir ru Ln 50 I�� ni F� 3 5� M at.a.,, r su a�a.b,wk C3 o� .l r�4aevd) r� C3 4 ru mrow Powoe a ve,, $ ro ral � -.,.n... .. - �( -- . ice _......._._ or PO am Ab - PO 51910 • ��2,and 3.Also complete A.sign Dellmry is desired. ■ Print Maur nacre end address on the reverse x ❑Addr+a9see so that we can retum the�W you. ■ Attach this cacti to the ba*of the mailpiecs, �Y(1' rasdNarrre G. Dees or oekvery or on the front ff space psm t$. i. Ar�Cie Addm=d m. D. is d@lPMy address dWerant trona dam iT 0 Yes jon If YE%enter dei my edemas below. 0 No c N" FU C �Q�t 1070 6d P—BO(M,Ptaa Mfor Mochund1se O ©!neared MeaA r�5 : 4 Rastrlc eW D~Mft Faq ❑Yes 2. ArticfeNumbw 7013 3020 0002 1150 2902 firm aaerarhae lepadj PS Form 3811,February 20 4 Domeaft Return Rarelpt to2sss-o2-a�tt54o Page 77 of 108 THIS PAGE INTENTIONALLY LEFT BLANK Page 78 of 108 s` Oak Park Heights Request for Council Action Meeting Date April 23rd. 2018 Time Required: 5 Minutes Agenda Item Title: MENARDS—CUP/Design Guidelines & Site Plan Review 5800 Kruger Lane—Yard Lot Entrance/Exit Ex ansion Agenda Placement New Business Originating DepartmentlRequ r E ' John Ci Administrato --r� Requester's Signature Action Requested scussio P ble Action Background/Justification(Pie dicate if any previous action has been taken or if other public bodies have advised): Please see the following from Scott Richards, City Planning Consultant 1. Staff Report dated March 2811, 2019 - as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 79 of 108 TPC3801 Thurston Avenue N,Suite 100 Erx.iz Anoka. MN 66303 Phone:763.231.5540 Facsimile: 763.427.0520 TPCQPWnn1ngGo.00rn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: March 28, 2019 RE: Oak Park Heights— Menards—Design GuidelinesiSite Plan Review and Conditional Use Permits for Setback and Parking — 5800 Kruger Lane North TPC FILE: 236.02- 19.02 BACKGROUND Tyler Edwards of Menards has made application for Design Guidellnes/Site Plan review and a Conditional Use Permits for setback and parking for the existing Menards at 5800 Kruger Lane North. The application consists of requests to add an automated express lane requiring an addition to the existing gate at the east side of the site. Five parking spaces are to be removed which places the total parking for the site below the minimum allowed parking when the site was first approved. The approvals for the Menards were granted In March of 1995 including a parking Variance. At the time, 465 spaces were required, and the variance allowed for the site to be constricted with 405 spaces. Currently, there are 402 spaces on the site. Five spaces are removed with the proposed gate building addition resulting in a total of 397 parking spaces on site. The Zoning Ordinance now allows a reduction in required parking spaces by Conditional Use Permit. EXHIBITS The review is based upon the following submittals: Exhibit 1: Applicants Narrative, February 18, 2019 Exhibit 2: Cover Sheet(00-1) Exhibit 3: Demolition Plan (C1-2) Exhibit 4: Site Pian (C2-1) Exhibit 5: Grading Drainage Plan(C3-1) Exhibit 6: Detail Sheet (C8-1) Exhibit 7: Partial Topographic Surrey(1 of 1) i i Page 80 of 108 Exhibit 8: Menards Site Plan (CTI) Exhibit 9: Gate Canopy Elevations(CT2) Exhibit 10: Comments from the City Arborist(3 pages) PROJECT DESCRIPTION The Applicant's narrative for the project is found as Exhibit 1. Mena4 Ina is in the process of adding an automated express lane to the yard gate at all of our stone locations. This new lane will allow guests to scan a barcode from an online order and enter the yard without having to wait for the gate guard to let them in. The addition will be on the east side of the existing gate and Me fence will be moved to accommodate the new entrance lane. The new lane will be cowered by an extension of the exisVng canopy and the new materials will match the green steel front and white steel roof materials on the existing canopy. The existing entrance and exit lanes will remain as they are today and will still be operated by the game guard. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The continued use of the site for retail commercial use is consistent with the Comprehensive Plan. Zoning. The property is zoned B-2 General Business District. The retail use is a permitted use in the B-2 General Business District. Changes to the exterior of the building and the site changes require Design Guidelines and Site Plan review. A Conditional Use Permit is required for the front yard setback and to allow the number of parking spaces to be reduced. Setbacks. The front yard setback requirement in the B-2 District is 40 feet. The current gate building is setback 40 feet from the right of way line of Krueger Lane, but the gate building expansion will encroach Into the setback. The proposed setback will be 22 feet. The proposed gate building will extend slightly to the east from the location of the current fence. The fence line is being adjusted to the south of the proposed gate building, but fence setback requirements are not being impacted. In evaluation of the requested Conditional Use Permit for a setback reduction, Section 401.04.A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to)the following factors: a. Relationship to the spec0c policies and provisions of the municipal comprehenshre plan. b The conformity with present and future land uses in the area. C. The envnnnmental issues and geographic area invofved. d. Whether the use will fend to or actually depreciate the area In which A is proposed. 2 Page 81 of 108 el. The impact on character of the sw munding area. f The demonstrated need for such use. 9 Traflrrc generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilifies Including parks, schools, streets, and utifties, and the CWs service capacRy. 1. The proposed use's conformity with all pedbnnmance standards contained herein (i.e., parking, loading, noise, efc.). Comment: The use Is consistent with the Comprehensive Plan and in conformity with present and future land uses. There should be no environmental issues or impact to surrounding tenants or property owners resulting from the setback reduction. There is no Impact upon public services and facilities and site lines on Krueger Lane will not be impacted. City Staff sees no issues with the expansion of the gate building. The Planning Commission and City Council should determine if the reduction in the front yard setback is appropriate for this site. rraffic Circulation,. Traffic circulation within the site will not be impacted with this site change and building expansion. Parking. In Manch of 1995, the Menards was granted a parking Variance for a reduction in the required number of spaces. At the time, 455 spaces were required, and the Variance allowed for the site to be constricted with 405 spaces. Currently, there are 402 spaces on the site. Five spaces will be removed with the proposed gate building addition resulting in a total of 397 parking spaces on site. The Zoning Ordinance now allows a reducing in required parking spaces by Conditional Use Permit. In evaluation of the requested Conditional Use Permit for a parking reduction, Section 401.04.A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to)the following factors: a. Relationship to the specfflc policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. C. The environmental issues and geographic area involved. d. Whether the use w#1 tend to or actuafly depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need far such use. g. Traffic generation by the use in relation to capabAfts of streefs serving the property. h. The impact upon exis7ing public services and faclities including parks, schools, streets; and utilities, and the City's service capacity. L The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.) With the current number of spaces, there have been no parldng issues noted at the Menards. With the addition of online ordering, there will be even less demand for parking in the lot at the front of the building. The Planning Commission and City Council should determine if the five-stall parking reduction is appropriate for this business. Staff does not see the reduction of parking as significant and recommends the request. 3 Page 82 of 108 Lighting. The plans do not include any changes to exterior lights installed on gate building or as part of the improvements to the site. Any new light fixtures shall be full cut off and shall be consistent with Section 401.15.13.7 of the Zoning Ordinance as it relates to lighting requirements. Signage. The plans indicate that the lighted signs above the entrance and exits of the gate building are to be removed and relocated on the expanded building. It appears the signs do not comply with current back lighting for signage. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. All the relocated or any new signs will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Landscaping/Fencing. As part of the gate building expansion and change to the driveway area at the entrance, three evergreen trees are to be moved east. The City Arborist shall review the plans and determine if the three trees can be moved or if they should be replaced. Additionally, the City Arborist is recommending the removal and replacement of four spruce trees on the east side of the fence adjacent to Krueger Lane. A crabapple tree along Krueger Lane near the entrance is recommended to be removed and not replaced. The trees would need to be guaranteed for one year after replacement or if they are moved. Mechanical Screening. No changes to mechanical equipment locations have been Indicated on the plans. Grading, Drainage, Erosion Control and Utilities. Grading, drainage and utility plans have been provided by the Applicant. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer. Design Guidelines Architectural Guidelines Fade Treatments The gate building Is to be expanded using the same materials and colors to match the existing fagade. Ground Level Expression The fence will be removed and replaced with the fagade of the building. The change In ground level expression is not significant. Transparency The transparency will not change with the addition. Entries The entry Into the gate building will be widened, but this portion of the site is screened by mature evergreen trees. 4 Page 83 of 108 Roof Deslan The gate building expansion is an extension of the existing roof structure. Buildine Heiaht The current building is approximately 21 feet to the ridge line and well within the maximum building height of 35 feet. The gate building expansion will be 17 feet at the east elevation. Building Materials and Colors The applicant has provided color elevations for review. All the new building materials are what Is currently being used on the structure. Franchise Architecture The building is a franchise design. Site Design Guidelines Buiidlfa Placemerrt The gage building expansion will result in the need for a setback Conditional Use Permit as discussed in this report. Parkinsa Areas Five spaces will be removed resulting in a parking Conditional Use Permit as discussed In this report. Storm water The drainage plans are subject to review and approval of the City Engineer and the Browns Creek Watershed District. Pedestrian and Common S[)ace Not Applicable. Landsca in There are minor changes to the landscape plan which Include transplanting three trees. The City Arborist recommends removal and replacement of four spruce trees. The plans are subject to the review and approval of the City Arborist. Trees/Shrubs The City Arborist will review the plan comment on whether the trees can be moved or if they should be replaced. Lighting Addressed elsewhere in the planning report. S_onane Addressed elsewhere in the planning report. 5 Page 84 of 108 Pedestrian/ Bicycle Routes Not Applicable. CONCLUSION 1 RECOMMENDATION Subject to the preceding review, City staff nxummenaz approval of the Design Guidelines/Site Plan review and Conditional Use Permits for setback and parking for the existing Menards at 5800 Kruger Lane North subject to the conditions that follow: 1. All light fixtures shall be full cut off and be consistent with Section 401.15.8.7 of the Zoning Ordinance as it relates to lighting requirements. 2. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number, placement and internal Illumination. Staff will approve the lighting specifications for the signs at the time of permitting. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. 3. The Planning Commission shall comment on the building design and building materials. 4. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Browns Creek Watershed District. 5. The landscape plan shall be subject to the review and approval of the City Arborist. Menards shall remove and replace the trees along Krueger Lane as recommended by the City Arborist. The trees would need to be guaranteed for one year after replacement or if they are moved. pc: Julie Hultman 6 Page 85 of 108 February 18,2019 RE. Menards Express Lane Addition Dear Mr,Johnson, Menard,Inc.is in the process of adding an automated express lane to the yard gate at all of our store locations.This new lane will allow guests to scan a barcode from an online order and enter the yard without waiting for the gate guard to let them in.The addition will be on the east side of the existing gate and the fence will be moved to accommodate the new entrance lane.The new lane will be covered by an extension of the existing canopy and the new materials will match the green steel front and white steel roof materials on the existing canopy.The existing entrance and exit lanes will remain as they are today and will still be operated by the gate guard. We appreciate you reviewing this project as continual Investment in our retail locations is an Important part of keeping Menards in operation.With the increase in online shopping this project will be important to keep Menards competitive and allow those shopping trips to stay in this market.if you have any questions as you review this project please let me know.Thank you. Sincoreiy, Menard,Inc. er Edwards Real Estate Representative Menard,inc. 510i Menard Drlve Eau Claire,W154703 0:715.876.2143 C:715.579.6699 tedwardsOmenarcHric-com 5101 MENARD DRIVE EAU CLAIRE,WI 54703-9825 PHONE(715) 876-5911 CEff35jc876-2868 ![#-.a i 11 lips lips 4, Mf e � � loll lit oZ :2 z XP < LLJ u • � LU LU Z :c < 14 z j ne 0 V) LC Ln LLJ Oe CL x LU Page 87 of 108 I 6 • O �O O P Z a•q•0 y�.6� C � F PJAI 0 lux; Ham � N A 411 ' � 1 r $Ma I r i wvllsrllw�..�.iwlryy.+y�nos+�:a+nNw waq as�muww� Page 88 of 108 as. I fill i lip gill ; 11g 111 1 It �� � � i B � i•t, C $ I � i �• rorrmao..11.+.wr.,clyworawmuauln�eal wlsl rrm�ew�1 Page 89 of 108 i i 2 Una iV. filial 20-G-M g00% J1613. i 7 its I !Vill pi if Ilk IMT R Page 90 of 108 04 !i a r R • g i i C C *pu e lips oil RAI 9 ' 11 ire, r� Page 91 of 108 rig 0 a 4s rt o r, - Ila 9 y �� !7 !i i +--�+�I�a��M N� M1-R j S 'r ■ l.l 1It I: t f vw..c.w.mw+a�a wsr Yurmua.M Page 92 of 108 r 00 a � ■ w y s s s R � W yZj • Lai LLP CL 9 1 1 % 11 t� LLI It 11 aoQa0 R ------ --- ------ ---------- - - , all y t I r I I ' ... .... .... .... .... A --------- — I I Page 93 of 108 or- IV Ba 1` -IF1 rt °a Page 94 of 108 dy. #to D H O x owe 'Cc a r: ca C p C d L U CL Q Y 0 yet, `4 1 9�� .,X 1 4. Page 95 of 108 N 0 a � a y Q 4u 2 .0 Q �� _ I Q C Q c E Lt Vll a E � it Page 96 of 108 M O D s IL 4'. oa c T ba u do E c 7 O G N y s L CU u i y Vs w $ 41 0 QJ _ ry Q M {d 0. to t � N t ar �I °o i L Page 97 of 108 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT ANI) RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY MENARDS FOR CONDITIONAL USE PERMITS AND DESIGN GUIDELINES/SITE PLAN REVIEW FOR AN ADDITION TO THE GATE BUILDING AND SITE CHANGES AT 5800 KRUGER LANE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Menards for Conditional Use Permits for setback and parking and Design Guidelines/Site Plan review for an addition to the gate building and site changes at 5800 Kruger Lane North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2 General Business District in which retail uses are a permitted use; and 4. A Conditional Use Permit is required to reduce the front yard setback to Kruger Lane; and 5. The front yard setback requirement in the B-2 District is 40 feet. The current gate building is setback 40 feet from the right of way line of Krueger Lane,but the expansion of the gate building will result in a setback of 22 feet; and 6. A Conditional Use Permit is required to allow a reduction in parking from the approved parking requirements for the site; and Page 98 of 108 7. In March of 1995,Menards was granted a parking Variance for a reduction in the required number of spaces. At the time,465 spaces were required, and the Variance allowed for the site to be constructed with 405 spaces. Currently there are 402 spaces on the site. Five spaces will be removed with the proposed gate building addition resulting in a total of 395 parking spaces on site. The Zoning Ordinance now allows a reduction in required parking spaces by Conditional Use Permit; and 8. Change to the exterior of the building and site changes require Design Guidelines/Site Plan review; and 9. The request includes a request for the addition of an automated express lane to the gate building. The new lane will be covered by an extension of the existing canopy and the new building materials will match the green steel front and white steel roof materials of the existing canopy. Parking spaces will be removed, the fence will be replaced, and landscaping will be removed and replaced; and 10. City staff prepared a planning report dated March 28,2019 reviewing the request; and 11. Said report recommended approval of the Conditional Use Permits and Design Guidelines/Site Plan review in that the project is in conformance with the criteria for Conditional Use Permit and Design Guidelines/Site Plan approval. Said recommendation was subject to the fulfillment of conditions; and 12. The Planning Commission held a public hearing at their April 11,2019 meeting,took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Menard.s for Conditional Use Permits for setback and parking and Design Guidelines/Site Plan review for an addition to the gate building and site changes for at 5800 Kruger Lane and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 2. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number, placement and internal illumination. Staff will approve the lighting 2 Page 99 of 108 specifications for the signs at the time of permitting. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. 3. The Planning Commission was favorable to the building design and building materials. 4. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Browns Creek Watershed District. 5. The landscape plan shall be subject to the review and approval of the City Arborist. Menards shall remove and replace the trees along Kreger Lane as recommended by the City Arborist. The trees would need to be guaranteed for one year after replacement or if they are moved. Recommended by the Planning Commission of the City of Oak Park Heights this 11 m Day of April 2019. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 100 of 108 ATTACHMENT A Conditional Use Permit& Design Guideline Review For Outside Materials Yard Express Lane At Menard, Inc 5800 Krueger Lane,N. Legally described as: Lot 1, Block 1, Brackey 3rd Addition Washington County Property Identification Number: 05.029.20.22.0017 Page 101 of 108 ATTACHMENT B Conditional Use Permit&Design Guideline Review For Outside Materials Yard Express Lane At Menard,Inc 5800 Krueger Lane,N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statesnent(s)ILegal Description(s) Planning Commission Review& Recommendation: April 11, 2019 Page 102 of 108 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY MENARDS FOR CONDITIONAL USE PERMITS AND DESIGN GUIDELINES/SITE PLAN REVIEW FOR AN ADDITION TO THE GATE BUILDING AND SITE CHANGES AT 5800 KRUGER LANE NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Menards for Conditional Use Permits for setback and parking and Design Guidelines/Site Plan review for an addition to the gate building and site changes at 5800 Kruger Lane North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2 General Business District in which retail uses are a permitted use; and 4. A Conditional Use Permit is required to reduce the front yard setback to Kruger Lane; and 5. The front yard setback requirement in the B-2 District is 40 feet. The current gate building is setback 40 feet from the right of way line of Krueger Lane,but the expansion of the gate building will result in a setback of 22 feet; and 6. A Conditional Use Permit is required to allow a reduction in parking from the approved parking requirements for the site; and Page 103 of 108 7. In March of 1995, Menards was granted a parking Variance for a reduction in the required number of spaces. At the time,465 spaces were required, and the Variance allowed for the site to be constructed with 405 spaces. Currently there are 402 spaces on the site. Five spaces will be removed with the proposed gate building addition resulting in a total of 395 parking spaces on site. The Zoning Ordinance now allows a reduction in required parking spaces by Conditional Use Permit; and 8. Change to the exterior of the building and site changes require Design Guidelines/Site Plan review; and 9. The request includes a request for the addition of an automated express lane to the gate building. The new lane will be covered by an extension of the existing canopy and the new building materials will match the green steel front and white steel roof materials of the existing canopy. Parking spaces will be removed, the fence will be replaced, and landscaping will be removed and replaced; and 10. City staff prepared a planning report dated March 28, 2019 reviewing the request; and 11. Said report recommended approval of the Conditional Use Permits and Design Guidelines/Site Plan review in that the project is in conformance with the criteria for Conditional Use Permit and Design Guidelines/Site Plan approval. Said recommendation was subject to the fulfillment of conditions; and 12. The Planning Commission held a public hearing at their April 11,2019 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Menards for Conditional Use Permits for setback and parking and Design Guidelines/Site Plan review for an addition to the gate building and site changes for at 5800 Kruger Lane and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights for approval with the following conditions: 1. All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 2. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number, placement and internal illumination. Staff will approve the lighting 2 Page 104 of 108 specifications for the signs at the time of permitting. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. 3. The City Council approves the building design and building materials. 4. The grading, drainage and utility pians shall be subject to review and approval of the City Engineer and the Browns Creek Watershed District. 5. The landscape plan shall be subject to the review and approval of the City Arborist. Menards shall remove and replace the trees along Krueger Lane as recommended by the City Arborist. The trees would need to be guaranteed for one year after replacement or if they are moved. Approved by the City Council of the City of Oak Park Heights this 23rd Day of April 2019. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 105 of 108 ATTACHMENT A r Conditional Use Permit&Design Guideline Review For Outside Materials Yard Express Lane At Menard, Inc 5800 Krueger Lane,N. Legally described as: Lot 1, Block 1, Brackcy 3rd Addition Washington County Property Identification Number: 05.029.20.22.0017 Page 106 of 108 ATTACHMENT B I ip- Conditional Use Permit& Design Guideline Review For Outside Materials Yard Express Lane At Menard,Inc 5800 Krueger Lane,N. Application Materials • Application Farm • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Q Property Tax Statement(s)/Legal Description(s) Planning Commission Review & Recommendation: April 11,2019 Page 107 of 108 THIS PAGE INTENTIONALLY LEFT BLANK Page 108 of 108