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HomeMy WebLinkAbout09-24-19 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 24, 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 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 Worksession Notes— September 10, 2019 (pg. 5) C. Approve City Council Minutes— September 10, 2019 (pg. 7) D. Approve Resolutions for the Closure of the Revolving Capital Fund and City Hall Improvement Fund with the Related Transfer of Funds (pg. 11) E. Approve Renewal &Upgrade of Police Cell Phone Forensic Software (pg. 15) 6:10 p.m. V. Public Hearings A. Public Hearing for Increase in On-Sale Liquor, On-Sale 3.2, Off-Sale 3.2, and Wine License Fees for 2020 (pg. 19) 6:15 p.m. VI. Old Business 6:15 p.m. VII. New Business A. Accept Resignation and Recognize Contributions of Parks and Trails Commissioner Aaron Bye and Authorize Advertisement of Vacancy on the Commission (pg. 21) B. Conditional Use Permit—Minnehaha Transportation— Outdoor Truck Storage and Repair— 5280-5288 Stagecoach Trail (pg. 23) C. Conditional Use Permit—Boo Boo's Garage—Auto Sales, Minor Auto Repair and Outdoor Storage—5899 Nova Scotia Ave (pg. 55) D. Consider Road Improvements Projects for 2020 (pg. 85) E. Consider Communication to the MET Council—Related to the City's Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 116 Agenda September 24,2019 Page 2 Comprehensive Plan Process and Requirements (pg. 99) F. Consider Establishment of NO PARKING ZONE— CSAH 21 — Stagecoach Trail (pg. 103) G. Adopt Resolution Approving 2020 Proposed Budget and Proposed Tax Levies (pg. 107) H. Schedule Public Comment/Hearing Meeting for Truth in Taxation (pg. 113) I. Approve Funds for House Bonding Tour(pg. 115) 6:45 p.m. VIII. Other Council Items or Announcements 6:45 p.m. IX. Adjournment Page 2 of 116 C- ,. Oak Park Heights Request for Council Action Meeting Date September 24,2019 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 116 City of Oak Park Heiahts 14168 oak Park Blvd.N•Oak Park Heights,MN 55062.Phone(651)439-0439.Fax(651)439-0574 September 16, 2019 Simon Johnson 5725 Oakgreen Ave N Oak Park Heights, MN 55082 Dear Mr. Johnson: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, September 12, 2019, 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. Congratulatio ! .� Jennifer Pinsk! City Clerk TREE CITY U.S.A. Page 4 of 116 LISA Oak Park Heights Request for Council Action Meeting Date September 24, 2019 Agenda Item Approve City Council Worksession Notes— September 10, 2019 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approved Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 5 of 116 w. CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,SEPTEMBER 10,2019 Present: Mayor McComber,Councilmembers Dougherty,Johnson, Liljegren, and Runk; City Administrator Johnson, City Attorney Sandstrom, Public Works Director Kegley, Finance Director Caruso, and City Clerk Pinski. Absent: None. 1. Call to Order: Mayor McComber called the meeting to order at 5:00 p.m. 2. 2020 Budget: Finance Director Caruso reported that the budget could be decreased through transfers. She reviewed three options for changes to the budget and tax levy: option 1 -reduce transfers for the street maintenance program by $200,000; option 2-reduce transfers for park building and improvements by$100,000; and/or option 3 -transfer$100,000 from the revolving capital projects fund to the general fund to reduce the budget. Councilmember Dougherty suggested moving forward with options 2 and 3,and do option 1 but only reduce the transfers for the street maintenance program by$100,000. Mayor McComber suggested not doing option 1, doing option 2 but only reduce the transfers by$50,000, and doing option 3. Councilmember Johnson agreed with Mayor McComber. Councilmembers Runk and Liljegren agreed with Councilmember Dougherty's recommendation. Caruso also reviewed suggestions for use of the 2019 fund balance: $100,000 for tax petitions and $290,000 for planning for Xcel value reductions. She also asked the City Council if they wanted money in the budget for Community Thread's transportation program. Mayor McComber suggested keeping it in but cutting later if needed. No action was taken. 3. 95-Gallon Solid Waste Container: City Administrator Johnson reviewed a proposed policy to encourage residents to reduce their solid waste container size. The City Council was amenable to the draft policy. Councilmember Dougherty suggested adding in language that residents who have the medium-sized container could switch to the smaller size if they wanted. No action was taken. 4. Adjourn: The meeting was adjourned at 5:51 p.m. Page 6 of 116 �P� , Oak Park Heights Request for Council Action Meeting Date September 24, 2019 Agenda Item Approve City Council Minutes— September 10, 2019 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approved Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 7 of 116 CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 10, 2019 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:02 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney Sandstrom, and City Engineer Mann. Absent: City Planner Richards. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the Agenda. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported she attended the Joint Airport Zoning Board meeting with Councilmember Liljegren the previous week,the CVB meeting was cancelled, she would be attending the LMC Board of Directors Retreat that week, and she would be attending the Improving Local Economies Policy Meeting the following week. She also reminded residents of Fall Clean-up Day set for September 28 from 7:30 a.m. — 1 p.m. at the Andersen Corporation parking lot. B. Councilmember Dou hg erty: He reported the next Cable Commission meeting was set for September 16. C. Councilmember Johnson: No report. D. Councilmember Liljegren: He reported the next Joint Airport Zoning Board meeting was set for October 17 at 3:30 p.m. and the next Planning Commission meeting was set for September 12. E. Councilmember Runk: He reported the Middle St. Croix Watershed Management Organization's next meeting was scheduled for September 12. F. Staff: No report. III. Visitors/Public Comment: A. Brown's Creek Watershed District—CraigL_eiser: Craig Leiser was present along with Administrator Karen Kill. Leiser said the Brown's Creek Watershed District was in the process of modifying their plan to comply with the statewide "one watershed, one plan" goal,then they would be revising their rules to comply with MIDS. Kill reported that the watershed district was hosting a community event at Brown's Creek Park in Stillwater on Saturday, September 14 from 10 a.m. to 2 p.m. Page 8 of 116 City Council Meeting Minutes September 10, 2019 Page 2 of 2 IV. Consent Agenda: A. Approve Bills&Investments B. Approve City Council Worksession Notes—August 27, 2019 C. Approve City Council Minutes—August 27, 2019 D. Adopt Resolution Approving Application for Met Council Grant Funding E. Set Public Hearing for Increase in On-Sale Liquor, On-Sale 3.2, Off-Sale 3.2, and Wine License Fees for September 24, 2019 F. Approve Resolution Appointing Mayor McComber and Councilmember Liljegren to the Joint Airport Zoning Board and Resident Jim Kremer as an Alternate Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: A. _Approve the Listing Agreement for the "Bell Pro e�rty"located at 5416 Stagecoach Trail: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the agreement with Telus for listing the property. Carried 5-0. VII. New Business: None VIII. Other Council Items or Announcements: None IX. Adjourn: Councilmember Runk, seconded by Councilmember Dougherty, moved to adjourn at 6:20 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 9 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 116 ..r`v Oak Park Heights Request for Council Action Meeting Date September 24, 2019 Time Required: 1 Min Agenda Item Title: Approve Resolutions for the Closure of the Revolving Capital Fund and City Hall Improvement Fund with the related Transfer of Funds Placement: Consent Agenda Originating Department/Requestor Finance-Betty Caruso, Finance Director Requester's Signature C Action Requested Approve the Resolutions closing the Capital Revolving Fund and the transfer of funds to the General Fund, and the closing of the City Hall Improvement Fund and the transfer of funds to the Budgeted Projects Fund Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The Capital Revolving Fund was initially an accumulation of funds from closed or defeased debt service funds and assessments from the Kern Center Project. The money was used to fund the City's portion of the St. Croix Crossings Bridge. The City incurred $1,468,000 of expenses including construction costs of approx. $1,280,000 and legal and other related expenses of$188,000. The balance remaining in this fund is $392,167.15, a result from the $380,000 received from MNDot due to the City's proactive enforcement of the Utility Agreement that required City reimbursements and the accumulated interest on these funds. This fund has no projected revenue source nor expected expenditures and therefore I am recommending it to be closed to the General Fund. The City Hall Improvement Capital Project Fund has remaining funds of$86,411.52, which was an accumulation of interest earnings from the bond proceeds that had been allocated to for the building of City Hall. The City recently upgraded the security system for$95,045 which was to be partially funded with these funds. The expenditure is included in the Budgeted Projects fund with the balance $8,633.48 being paid by the funds accumulating for the Municipal Buildings. Therefore the amount of$86,411.52 should be transferred to the Budgeted Projects Fund and the City Hall Improvement Capital Project Funds should be closed. Attached you will find the Resolutions. Page 11 of 116 RESOLUTION 19-9- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING CLOSURE OF FUNDS AND RELATED INTERFUND TRANSFERS WHEREAS, The City Hall Improvement Fund was established to pay for the City Hall Building and was funded with the 2008 and 2009 Capital Improvement bonds. WHEREAS, The City Hall project is complete. WHEREAS, the balance of funds remaining in the capital project fund are an accumulation of the interest earnings from the bond funds during the construction period, and WHEREAS, the City Council for the City of Oak Park Heights has determined that the remaining funds from the City Hall Improvement Fund should be used towards the funding of the replacement of the City's security system that was originally installed with the new facility, and the balance of the cost of replacement is to be funded with available funds in the Budgeted Projects Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights approves the closure of the City Hall Improvement Fund and the transfer of $86,411.52 to the Budgeted Projects Fund Passed by the City Council for the City of Oak Park Heights this 24th day of September, 2019. Attest: Mary McComber, Mayor Eric A. Johnson Administrator Page 12 of 116 RESOLUTION 19-9- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING CLOSURE OF FUNDS AND RELATED INTERFUND TRANSFERS WHEREAS, The Capital Revolving Fund was established to supply funding for unfunded capital projects and had a source of revenue from closed bond funds and the Kern Assessments. WHEREAS, The Capital Revolving Fund has no expected funding source or expected expenditures in the future. WHEREAS, the City Council for the City of Oak Park Heights has determined that funds from the Capital Revolving Fund should be transferred to the General Fund for future use. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights to approve the closure of the Capital Revolving Fund resulting the transfer of $392,167.15 to the General Fund Passed by the City Council for the City of Oak Park Heights this 24th day of September, 2019. Attest: Mary McComber, Mayor Eric A. Johnson Administrator Page 13 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 116 Oak Park Heights Request for Council Action Meeting Date: 09-24-19 Time Required: 1 min. Agenda Item Title: Approve Renewal&Upgrade Police Cell Phone Forensic Software Agenda Placement: Consent Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Approve Renewal&Upgrade Police Cell Phone Forensic Software Background/Justification: We have received the renewal and upgrade notice for police cell phone forensic software from Cellbrite Inc. This software and the computer equipment were originally secured without cost as part of training received from the National Training Center. The software allows us to secure forensic data contained in suspect phones that is usable in court criminal cases. Since we have secured this technology we have used it for numerous criminal offenses such as drug crimes, domestic stalking, school and other threats, possession of child pornography, sexual assaults, and other crimes. The software is used in domestic abuse and other crimes to retrieve information from victim's phone in a timely manner so the victim can have their phone back. In the last year we have used the technology over 20 times. The software requires periodic upgrade &updates to stay current with the ever-changing technology of cell phones. The license renewal portion is a yearly cost. I have planned for and budgeted for the renewal and upgrade using both annual budget and the forfeiture funds. $3,000 from annual budget and $3,100 from forfeiture. Page 15 of 116 Cellebrite, Inc. ,.,+ 7 Campus Drive 0.4 Cellebrite lrrasaferelworldCe o Suite 210 Parsippany NJ 07054 United States Invoice Tel:+1 201 848 8552 Fax: +1 201 848 9982 Invoice* INVUS207331 Tax ID#:22-3770059 Date: 07/12/2019 DUN#:033095568 Sales Order#SOUS45477 Bill To ShipTo Oak Park Police Department Oak Park Police Department 14168 Oak Park Blvd N. 14168 Oak Park Blvd N. Oak Park Heights, Minnesota 55082 Oak Park Heights, Minnesota 55082 United States United States Lee Schroeder Lee Schroeder 651-439-4723 651-439-4723 Fulfillment#ITF68389 Po# Ship Date Terns Freight term Currency PO signed quote 07/12/2019 Net 30 FCA USD Item Quantity Period Start Date Period End Date Product SN Unit Price Ext.Price A-SOW-11-001 1 08/02/2019 08/01/2020 365684794 1,300.00 1,300.00 UFED 4PC logical SW renewal A-UFED-01-017 1 07/12/2019 07/20/2020 4,800.00 4,800.00 UFED 4PC upgrade to Ultimate Subtotal $6,100.00 Total $6,100.00 Amount Due $6,100.00 Item Serial Numbers A-SOW-11-001 36 6684794 UFED 4PC logical SW renewal Order Creator: Nessie Costa CITY OF OAK PARK HEIGHTS CLAIMS ENDORSEMENT ptJ AI-LOWED IN THE SUM OF$ E'ISAI_+OzIE II'J T DATE HE su1� uF _ � ii SIGNATURE 1 of J �J Ifffl —P Page 16,f 116 Cellebrite, Inc. �.,+ 7 Campus Drive Digital intelligence a Suite 210 . Cellebrite for a safer world Parsippany NJ 07054 United States Invoice +1201 848 8552 Fax: +1 201 848 9982 Invoice#: INVUS207331 Tax ID#:22-3770059 Date: 07/12/2019 DUN#:033095568 Sales Order#SOUS45477 Terms&Conditions: Terms and conditions: -Payment terms:Net 30;1.5%per month interest on late payment Shipping:FCA,Parsippany,NJ, USA:Limited Warranty:Hardware: 12 Months;Software:60 days;Touch Screen:30 days -12 months software support included in initial purchase.The next support period purchased begins immediately at the end of the 12 months, i.e., no gaps in support period are allowed. Cellebrite has three different terms of sale. Any purchase of unlocking services are governed by http://legal.cellebrite.com/CB-us-us/index.htmi. Any purchase of UFED Premium are governed by http://Iegal.cellebrite.com/home/usa-ufed-use-agreement-01292018.pdf. Any other purchases of products or services,including without limitation training services,are governed by http://Iegal.cellebrite.com/ us/index.html. In addition to these terms,software is licensed by Cellebrite in accordance with an end user license agreement available at http:// legal.cellebrite.com/us/Cellebrite-EULA.pdf. A promotional purchase,including without limitation a zero dollar purchase,is deemed a purchase. In the event of any dispute as to which terms apply,Cellebrite shall have the right to reasonably determine which terms apply to a given purchase order. 2of2 Page 17 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 18 of 116 pe - Oak Park Heights Request for Council Action Meeting Date September 24, 2019 Agenda Item Public Hearing for Increase in On-Sale Liquor, On-Sale 3.2, Off-Sale 3.2, and Wine License Fees for 2020 Time Req. 0 Agenda Placement Public Hearings Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature - Action Requested Hold Public Hearing, Discussion, and Approval of Increase Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). City policy is to review and consider annual license fees for all licenses issued by the City every other year to reflect the 2-year IPD (Implicit Price Deflator). The last increase in fee was January 1, 2018. Other considerations for increasing fees are the increased cost of administration and enforcement of the licensing requirements. The State of Minnesota regulates the fees for off-sale intoxicating liquor licenses and Sunday on- sale licenses. Staff recommends increasing the following fees effective January 1, 2020 to reflect the 2-year Implicit Price Deflator: On-Sale intoxicating liquor license fee from $3,510 to $3,638 per year On-Sale 3.2 license fee from $176 to $184 per year Off-Sale 3.2 license fee from $62 to $63 per year Wine license fee from$722 to $748 per year The Notice of Public Hearing was published in the Stillwater Gazette and mailed to all affected license holders. Page 19 of 116 NOTICE OF PUBLIC HEARING ON INCREASE IN ON-SALE INTOXICATING LIQUOR LICENSE FEES, ON-SALE NON-INTOXICATING LIQUOR LICENSE FEES, OFF-SALE NON-INTOXICATING LIQUOR LICENSE FEES,AND WINE LICENSE FEES CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Oak Park Heights, Washington County, Minnesota shall hold a public hearing to consider increasing fees for on-sale intoxicating liquor licenses, on-sale non-intoxicating liquor licenses, off-sale non- intoxicating liquor licenses and wine licenses effective January 1, 2020. The liquor license fees proposed will reflect the 2-year Implicit Price Deflator from the Bureau of Economic Statistics;proposed increase: On-sale intoxicating liquor license fee from$3,510 to $3,638 On-sale non-intoxicating liquor license fee from$176 to $184 Off-sale non-intoxicating liquor license fee from $62 to $63 Wine license from $722 to $748 The public hearing shall be held on Tuesday, September 24 at 6:00 o'clock p.m. at the City Hall, 14168 Oak Park Blvd. N., Oak Park Heights, Minnesota 55082. Dated this 11th day of September, 2019 BY ORDER OF THE CITY COUNCIL Jennifer Pinski, City Clerk Page 20 of 116 hskk ima� led `+� +� �2a�� Pvw& Ltc! `+�f�3fuiq �Pi Oak Park Heights Request for Council Action Meeting Date September 24, 2019 Agenda Item Accept Resignation and Recognize Contributions of Parks and Trails Commissioner Aaron Bye and Authorize Advertisement of Vacancy on the Commission Time Req. 5 Agenda Placement New Business Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Adopt Resolution; Authorize Advertisement of Vacancy Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Aaron Bye has notified us that he no longer lives in the City of Oak Park Heights; therefor he can no longer serve on the Parks and Trails Commission. Attached is a Resolution recognizing his contributions. Staff requests adoption of the Resolution and authorization to advertise vacancy. Page 21 of 116 RESOLUTION 16-09-36 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF AARON BYE AS OAK PARK HEIGHTS PARKS AND TRAILS COMMISSIONER 2013 —2015 WHEREAS, Aaron Bye has served as an appointed member of the Parks and Trails Commission from October 2013 to September 2019; and WHEREAS, during his time as Parks Commissioner, Aaron Bye served as a Chairperson and a Vice-Chairperson of the Commission, and participated in the design process for Oak Park Crossing Park and the new park shelter at Cover Park, and the implementation of a mountain bike trail in the City. WHEREAS, the City Council of the City of Oak Park Heights relies on the recommendations of the Parks and Trails Commission to assist in shaping the vision of the City's parks,trails, and recreational opportunities in the City. NOW, THEREFORE,the City of Oak Park Heights hereby recognizes and commends Aaron Bye on his distinguished service to the Parks and Trails Commission and his overall service to the City of Oak Park Heights and thanks him for his dedication during his appointed term. Adopted by the City Council this 24th day of September,2019. Mary McComber,Mayor ATTEST: Eric Johnson, City Administrator Page 22 of 116 Oak Park Heights Request for Council Action Meeting Date September 241',2019 Time Required: 5 Minutes Agenda Item Title: Conditional Use Permit—Minnehaha Transportation—Outdoor Truck Storage and Repair—5280-5288 Stagecoach Trail. Agenda Placement New Business Originating Department/Requesto . son, QW�dmini'strator Requester's Signature Action Requested Discussio P ssible Action Background/Justification(Pl a indicate 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 Sept. 61i 2019 -as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 23 of 116 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC§Plann1ngCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: September 6, 2019 RE: Oak Park Heights— Minnehaha Transportation Inc. —Conditional Use Permit for Storage of Trucks— 5280/5288 Stagecoach Trail North TPC FILE: 236.02 — 19.08 BACKGROUND Indiris Mohamud has made application for use of the site at 5280/5288 Stagecoach Trail North for outdoor storage of trucks and truck repair. The application consists of a request for a Conditional Use Permit to allow the outdoor storage of trucks. The property has been used as a bus garage with outdoor storage of school buses. No exterior changes to the site or building are proposed with this request. The site is zoned I Industrial District. General vehicle repair is a permitted use, but the outdoor storage of trucks is a listed Conditional Use. In May of 2008, the City Council approved a request for the outdoor storage of school buses and for a landscape contractor to operate on the site. The site was allowed to store up to 100 school buses. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Site Plan Exhibit 3: Resolution to Approve Landscape Business and Outdoor Storage of Buses, May 27, 2008. Exhibit 4: Site Pictures PROJECT DESCRIPTION The.Applicant has provided a project narrative that is found as Exhibit 1 of this report. Page 24 of 116 "These are the uses we are planning for the property on Stagecoach Trail: The facility will be designed to meet the needs of the independent truckers in the Twin Cities metro area. When trucks are not operating on the road the owner needs a place to park and serve them. Our business will cater to those needs. The facility would park around 75-80 trucks at a time. The trucks store and serviced will be semi-trucks, primarily dry goods haulers and car carrier haulers. The attached diagram shows how we anticipate the layout for the location. There will be parking spaces for semi-trucks, parking for employees and customers, and the existing buildings on site. The primary working operation will be a mechanics shop to do engine and mechanical repair to the trucks on site. No other type of business operation is planned. We would also like to have a body shop in the adjacent building if local permitting permits. In addition, one of the buildings would be used as an office for scheduling and administrative needs. We are not planning to construct any additional buildings or facilities. We are in the process of negotiating the purchase of the existing fuel tank dispenser currently being used by the school system. If we are unable to obtain the existing system, we plan to replace it with a similar type and size system. We are planning on operating from 6 AM to 9 PM Monday through Friday, and 8 AM to 6 PM on the weekends. Because of the nature of the business, we don't feel there will be a lot of traffic in and out since the facility is designed to park and repair. I hope and plan to have a good and respectful relationship with the surrounding neighbors and as such I'm willing to put a fence around the property to screen the buildings from public view if that is seen as desirable. As you can see from the attached photos there is a significant natural barrier or mature trees around the perimeter of the property creating an existing physical screen from surrounding properties. We are also planning on hiring up to 15 employees to work for us. I hope that gives you an indication of our planned use and I'm happy to answer any additional questions." ISSUES ANALYSIS Comprehensive Plan. The property is designated as Business/Residential Transitional on the Proposed Land Use Map. This land use has been designated for this area to accommodate a potential future land use change. Zoning. The property is zoned I Industrial District. General vehicle repair (repair garage) and body work and painting are permitted uses in that district. Open and outdoor storage is a Conditional Use. Review of the criteria for the Conditional Use Permit is found later in this report. 2 Page 25 of 116 Surrounding Uses. The adjoining uses to this site are: • North —Vacant Lot/Single Family Residential • South —Single Family Residential • East— Minnesota Correctional Facility- Stillwater • West— Perro Pond Setbacks. There are no changes planned onsite to the parking areas and buildings. The parking areas are setback from the property lines, with berms and planted with an evergreen barrier. Traffic Circulation/Curb Cuts/Security Gate. The existing curb cut will remain for access to Stagecoach Trail North. A security gate has been installed at the entrance to the site. A rapid entry lock box will be installed to provide police, fire and other emergency services access. Hours of Operation. The Applicant has proposed that the facility be open from 6 AM to 9 PM Monday through Friday, and 8 AM to 6 PM on the weekends. Parking. Parking requirements for truck storage facilities are not outlined in the Zoning Ordinance. The submitted site plan indicates a total of 112 truck parking spaces and 113 car spaces. With a maximum of 75 to 80 trucks at a time, there will be adequate parking. The bus facility was permitted to a maximum of 100 buses, with no major parking issues noted in recent years. Adequate circulation for fuel deliveries and truck traffic is provided on site. Trash Enclosure/Tire Storage. The Applicant shall indicate if the existing trash, recycling and tire storage enclosures are adequate. All trash, recycling and tire storage shall be fully screened. Environmental. The previous Conditional Use Permit required the submittal and approval of a Stormwater Pollution Prevention Plan by the Minnesota Pollution Control Agency (MPCA). The Applicant should verify that that permit is in place with the MPCA. A Spill Prevention Control and Countermeasures Plan (SPCC) is required for any facility with above ground site storage facilities for petroleum exceeding 1,320 gallons. If the tank is to be replaced a plan will be required. In addition, the MPCA will also require submittal of a Notification for Above Ground Storage Tank once a new tank is installed. The City will require the Applicant to receive a building permit if the tank is replaced. Body Shop. The Applicant has indicated that a body shop may be added as part of the truck repair operations. A paint booth had previously been installed but is not operational. Any ventilation or other requirements for the paint booth will need to be addressed and permitted by the City. Grading/Drainage/Utilities. With previous addition of curb, gutter, and adequate stormwater drainage facilities, there are no issues with the truck storage areas. The City Engineer shall approve any changes, if proposed, to the stormwater for the site. 3 Page 26 of 116 Landscaping. As part of the previous bus garage Conditional Use Permit, the perimeter of the site was landscaped, and a berm installed to address screening issues. The City Arborist should review the trees and the screening and determine if any additions or maintenance should be done. Mechanical Screening. Any new exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. Signage. Freestanding Signs. The existing freestanding sign on Stagecoach Trail will be used for the business. Wall Signage. No wall signage is proposed at this time. Sian Illumination. All existing and new signs will be required to comply with the Zoning Ordinance sign and lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Lighting. The Applicant has indicated that no changes will be made to the existing exterior lighting for the site. Any changes to the lighting will require City review and installed in compliance with the lighting standards of the Zoning Ordinance. Outdoor lighting for parking lots shall be turned off one hour after closing, except for approved security lighting. Noise. In 1999, when the bus garage was first approved, there was considerable concern related to adding of buses and back up warning systems. As a result, conditions related to all buses being backed into their respective spots at the end of the day and requiring block heaters and heater plugs was required. The Applicant shall address if the block heaters would be used and address any anticipated noise issues. Design Guidelines. There are no changes to the building proposed at this time. Any exterior changes that require Design Standards review will need to be addressed by the City. Conditional Use Permit Review Criteria. 401.32.E. Conditional Uses 1. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. 4 Page 27 of 116 Comment: The area is screened from view with a berm and existing landscaping. b. Storage is screened from view from the public right-of-way in compliance with Section 401.15.E. of this Ordinance. Comment: The area is screened from view with a berm and existing landscaping. The City Arborist should comment if there are any tree maintenance issues or if additional trees should be added. C. Storage area is grassed or surfaced to control dust. Comment: The lot is paved and surrounded with curb and gutter. Adequate storm water facilities are in place. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. Comment: No changes are proposed to the lighting. e. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria for Conditional Use Permit is reviewed as follows in this report. Section 401.03.A.7 The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The Planning Commission should comment if any of these criteria will be at odds with the Conditional Use Permit proposed for the site. City Staff does not see any issues. 5 Page 28 of 116 CONCLUSION / RECOMMENDATION Subject to the preceding review, City Staff recommends approval of a Conditional Use Permit to allow the outdoor storage of trucks at 5280/5288 Stagecoach Trail North subject to the following conditions: 1. The number of trucks allowed onsite and stored outdoors shall not exceed 85. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Stormwater Pollution Prevention Plan and Notification for Above Ground Store Tanks to the MPCA if the tank is to be replaced. 4. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 5. The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the repair operation. 6. The Applicant shall comply with all Building Code requirements for the fuel tank and installation of a paint booth. A Building Permit shall be required from the City for the fuel tank and paint booth installation. 7. The Applicant shall provide a plan for noise and exhaust mitigation for review by the City. 8. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 9. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 10. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 11. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 12. The City Arborist should comment if there are any tree maintenance issues or if additional trees should be added for screening and the Applicant shall take appropriate corrective measures. 6 Page 29 of 116 13. Any additional signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 14. All noise generated from the business shall be compliant with Section 401.15.13.11 of the Zoning Ordinance. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 15. Mechanical equipment that is located on the roof or visible from street level or from neighboring properties shall be screened with materials that blend harmoniously with the building fagade materials and in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 16. There shall be no outside storage, including tires and vehicle parts unless enclosed with a screen. No storage shall be allowed in trailers that are parked on the property. PC: Julie Hultman 7 Page 30 of 116 Conditional Use Permit Narrative Submitted with CUP Application by Minnehaha Transportation, Inc.for 5280-5302 Stagecoach Trail N. Oak Park Heights, MN. To: City of Oak Park Heights,August 28,2019 Property Usage: The facility will be designed to meet the needs of independent truckers in the Twin Cities metro area. When trucks are not operating on the road the owner need a place to park and serve them. Our business will cater to those needs.The facility would park around 75-80 trucks at a time. Trucks stored and serviced will be semi-trucks; primarily dry goods haulers and car carrier haulers. The attached diagram shows how we anticipate the layout for the location.There will be parking spaces for semi-trucks; parking for employees and customers and the existing buildings on site. The primary working operation will be a mechanics shop to do engine and mechanical repair to the trucks on site. No other type of business operations are planned. We would also like to have a body shop in the adjacent building if local permitting permits. In addition, one of the building would be used as an office for scheduling and administrative needs. We are not planning to construct any additional buildings or facilities. Fueling Island,Above Ground Fuel Storage We are in the process of negotiating the purchase of the existing above ground fuel tank dispenser currently being used by the school system. If we are unable to obtain the existing system,we plan to replace it with a similar type and size system. Per previously approved CUP application the location of the tank and fueling station have been chosen: 1. To be as far as possible from the property lines 2. To be on level ground 3. To be separate from each other for increased operational safety 4. To allow fueling island to be accessible from both sides reducing or eliminating idling or waiting times. MPCA rules will be followed regarding the registration of the above ground fuel tanks. Hours of Operation Overall hours of operation: 6:00 AM to 9:OO13M Monday through Friday,and 8:OOAM to 6:OOPM on Saturday and Sunday. Because of the nature of the business there will be a minimum of traffic in and out since the facility is designed to park and repair. We do not anticipate any truck vehicles accessing the site after business hours. Page 31 of 116 Li-ghting and Signage Parking lot lighting approved at the time of the previous CUP has not changed. Intensities at the property line at that time and now are within City requirements. No change in lighting is planned. No additional signage is proposed at this time. Trash and Recycling Locations of two trash and recycling enclosures will remain as currently installed. The enclosures are constructed of cedar typical of these types of enclosures and have doors. Screening and Physical Barriers According to finding 5e of the CUP from 1999: "The existing and proposed vegetation on the site will serve to mitigate any negative impacts to existing development" The trees present at that time and planted subsequent to the 2008 approved CUP are still present and they have grown in size. They provide sufficient screening as viewed from the adjacent properties on the north,south, east and west. Applicant hopes and plans to have a good and respectful relationship with the surrounding neighbors and as such is willing to put a fence around the property to screen the buildings from public view if that is seen as desirable. Employment We are planning on hiring up to 15 employees to work for us. Application for a New Water Service Applicant has no knowledge of a permit application for a new water service. I hope that gives you an indication of our planned use and I'm happy to answer any additional questions Idiris Mohamud 612-267-2060 Page 32 of 116 C� 2 ...4 ....,r . .v 1, ...1. { I SWt_� { I — Fencing by trees Truck Parkina Truck .Parking Customer Car � ..Parking i nn� }. Body �3 y x Office S r.�y u• Shap Of �" lree 5280 - 5302 5'AGFC0AC!-1 TRi_. OAR PARK h,: ljr, � L,-;-, O :TDOOP 5TO?AG'F PArKPi'G DF51GWIOR Page 33 of 116 RESOLUTION NO. 08-05-22 CITY COUNCIL CITY OF OAK PARK HE, WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY STEPHAN STAGECOACH PROPERTY LLC FOR A CONDITIONAL USE PERMIT TO ALLOW OPEN AND OUTDOOR STORAGE OF EQUIPMENT AND MATERIALS FOR A LANDSCAPE CONTRACTOR AND TO ALLOW FOR THE OUTDOOR STORAGE OF SCHOOL BUSES BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Stephan Stagecoach Property LLC for a conditional use permit to allow open and outdoor storage of equipment and materials for a landscape contractor and allow for the outdoor storage of school buses;and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council 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 subject site is zoned Industrial District in which open and outdoor storage is a listed conditional use; and 4. The conditional use permit for First Student granted on May 25, 1999 to allow the outdoor storage of buses has expired; and 5. City staff prepared a memorandum dated April 30,2008 reviewing the request for the conditional use permit;and i 6. The planning report recommended approval of the conditional use permit for open and outdoor storage of equipment of materials for a landscape contractor and the exterior storage of buses with conditions; and Page 34 of 116 7. The Planning Commission held a public hearing at their May 8,2008 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 Stephan Stagecoach Property LLC for a conditional use permit to allow open and outdoor storage of equipment and materials for a landscape contractor and allow for the outdoor storage of school buses 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 with the following conditions: 1. The number of buses allowed on site at any one time shall not exceed 100. 2. Any plans for a covered shed to the rear of 5302 Stagecoach Trail North shall be approved by City staff. 3. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 4. The applicant shall submit a Notification for Above Ground Storage Tanks to the MPCA once the tank has been installed. 5. The applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City. 6. The applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the landscape business and bus operation. 7. The fuel tank shall be screened with a fence on the west,north and south sides with a ten (10)foot cedar fence,as approved by the City. 8. The tree removal and replacement plan was favorable to the Planning Commission and City Council and is subject to approval by the City Arborist. 9. All signage and lighting existing and proposed for the site shall be compliant with the Zoning Ordinance. 10. Any changes to the grading and drainage patterns of the site shall be subject to the review and approval of the City Engineer. 11. Block heaters and heater plugs shall be installed and utilized on all buses operated out of the facility at 5280 and 5288 Stagecoach Trail, and an electrical outlet shall be provided 2 Page 35 of 116 for each bus before commencement of operations. There shall be no excessive idling of buses on the site as determined by the City. 12. An operations plan shall be developed and enforced, subject to the review and approval of City staff, requiring that all buses shall be backed into their respective parking spaces at the end of the days operation. 13. The plan for the hours of operation as developed by the applicant, in correspondence dated April 25,2008, was favorable to the Planning Commission and City Council and is subject to approval of City staff. 14. Annual review is hereby imposed as a condition of this permit. This permit shall be reviewed on or about June 1 of each year and may be amended or altered in the discretion of the City Council. Approved by the City Council of the City of Oak Par 'ghts this 27`h day of May 2008. David Beaudet,Mayor S f, A. ohnson,City Administrator 3 Page 36 of 116 yp��•.y L 4 7 '� ' r w i N' ' 7+]" 1}♦ �"., -" a' 7 1 �,. � , 4 fid. w rt f 1 S .ink �'-• it �• M1 G is A G ;Y . Y . r . � r I +t4 r M tr Y� 7 � r , F y7n .. ati1 I I G , Y � n I i Q kY Page 38 of 116 --: - , 1 .. y .' ,w -1 � �1 d 1 a yw ��,. r� �3* w,+� ,r � .. r �. � 1 �� �'�� � _ ,,y. � - I. 1� p � I r. + ti y�, s k . . Y ter- �-. J.n 1- -+A �' .' . � ,. 1 -I i. Y" . •.k ,y1 '�Red _ � +r ♦P. �� *^ i �i. '- �1,. �. � x a , '., c, � a.. l� ' �� 4 ~ ry � m y �., .''�� ,- � �4 �`I^ � ..V ,F:.� 1 9 k' �� � . r�� �� ,aL� � ^�.R�d ^.( ' r �� P. - i F# ,�S N- .f', n- _ - it�` � ' ..�'^ � � .s; r^�_ � �� � �. A_ +. � r ti . � _ w _: �..- �'•iii` �Y �Y w ,. a ./ r �S h• t , r +r. J, r r , �w , n P F r loot I + �F N+ r u iM. Y4F" f l , I tF T 1 a „P It 1. Y YJ Y �i age 41 of 116 — ue m `j ^f n ",tllrw+ Y� 1 .;� ,fir �• 4r Y r Ir. t t I^ � w'%'.� ♦.fir�"�F. % if a A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY MINNEHAHA TRANSPORTATION FOR A CONDITIONAL USE PERMIT TO ALLOW A TRUCK REPAIR OPERATION WITH OUTDOOR STORAGE OF TRUCKS AT 5280/5288 STAGECOACH TRAIL SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of trucks at 5280/5288 Stagecoach Trail; 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 I, Industrial District. General vehicle repair is a permitted use,but the outdoor storage of trucks requires the review of a Conditional Use Permit; and 4. The Applicant proposes a facility to park and service trucks and trailers for independent truckers in the Twin Cities metro area. The facility would park around 75 to 80 trucks at a time; and 5. The primary working operation will be a mechanics shop for engine and mechanical repair. The Applicant has also indicated that a body shop may be added, and the existing fuel tank dispenser will be used; and Page 43 of 116 6. Design Guideline/Site Plan approval is not required in that no exterior building or site changes are proposed; and 7. City staff prepared a planning report dated September 6,2019 reviewing the request; and 8. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their September 12, 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 Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of trucks at 5280/5288 Stagecoach Trail 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, subject to the conditions as follows: 1. The number of truck vehicles including truck only, tractor only, trailer only, or combination truck-trailer allowed onsite and stored outdoors shall not exceed 85. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Stormwater Pollution Prevention Plan and Notification for Above Ground Store Tanks to the MPCA if the tank is to be replaced. 4. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 5. The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the repair operation. 2 Page 44 of 116 6. The Applicant shall comply with all Building Code requirements for the fuel tank and installation of a paint booth. A Building Permit shall be reouired from the ON for the fuel tank and paint booth installatinn_ 7. The Applicant shall provide a plan for noise and exhaust mitigation for review by the City. All air quality standards of the Minnesota Pollution Control Agency shall be complied with. 8. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 9. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 10. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 11. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 12. The City Arborist should comment if there are any tree maintenance issues or if additional trees should be added for screening and the Applicant shall provide a plan to take appropriate corrective measures. The tree plan shall be subject to review and approval of the City Arborist. 13. Any additional signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 14. All noise generated from the business shall be compliant with Section 401.15.B.11 of the Zoning Ordinance. No vehicle repair shall be conducted outside. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 15. Mechanical equipment that is located on the roof or visible from street level or from neighboring properties shall be screened with materials that blend harmoniously with the building fagade materials and in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 16. There shall be no outside storage, including tires and vehicle parts unless enclosed with a screen. No storage shall be allowed in trailers that are parked on the property. 17. The hours of operation shall be limited to 7:00 AM to 7:00 PM Monday through Friday and 8 AM to 5 PM Saturday and Sunday. The operations shall cease, and the entrance gate shall be locked no later than 15 minutes after the approved closing times. 3 Page 45 of 116 18. All employees shall be assigned a designated parking stall. No employee or vehicle client parking shall be allowed on Stagecoach Trail. The City shall make a request to Washington County that Stagecoach Trail, adjacent to the subject site in Oak Park Heights,be designated for no parking on either side of the roadway. 19. There shall be no overnight stays by clients. 20. If truck backing alert systems create a noise issue for surrounding properties,the City Council shall review the Conditional Use Permit and conditions of approval. 21. Annual review is imposed as a condition of this Conditional Use Permit. This permit shall be reviewed on or about October 1 of each year and may be amended or altered at the discretion of the City Council through an amended Conditional Use Permit. Recommended by the Planning Commission of the City of Oak Park Heights this 12a'day of September 2019. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 4 Page 46 of 116 ATTACHMENT A Conditional Use Permit To Allow A Truck Repair Operation With Outside Storage of Trucks Minnehaha Transportation,Inc. Washington County Property Identification Number&Legal Description: 5280 Stagecoach Trail N. WC Property ID: 03.029.20.31.0004 Legal Description: All that part of the NE '/ of the SW '/ of Section 3, Township 29, Range 20, contained within the following bounds, to-wit: Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said Section 3, and running thence West 24 rods and 3 feet; thence South 21 rods and 9.9 feet to the place of beginning, excepting therefrom the South 150 feet thereof. 5288 Stagecoach Trail N. WC Property ID: 03.029.20.31.0003 Legal Description: The North 963.6 feet of the East 429 feet of the NE 1/ of the SW '/ of Section 3, Township 29 North, Range 20 West, excepting the following two tracts: 1. The North 232 feet of the East 165 feet thereof; and 2. The South 262 feet of the North 494 feet of the East 233 feet thereof. Page 47 of 116 ATTACHMENT E Conditional Use Permit To Allow A Truck Repair Operation With Outside Storage of Trucks Minnehaha Transportation,Inc. 5280/5288 Stagecoach Trail N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review& Recommendation: September 12,2019 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 48 of 116 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 MINNEHAHA TRANSPORTATION FOR A CONDITIONAL USE PERMIT TO ALLOW A TRUCK REPAIR OPERATION WITH OUTDOOR STORAGE OF TRUCKS AT 5280/5288 STAGECOACH TRAIL BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of trucks at 5280/5288 Stagecoach Trail; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: I. 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 I, Industrial District. General vehicle repair is a permitted use,but the outdoor storage of trucks requires the review of a Conditional Use Permit; and 4. The Applicant proposes a facility to park and service trucks and trailers for independent truckers in the Twin Cities metro area. The facility would park around 75 to 80 trucks at a time; and Page 49 of 116 5. The primary working operation will be a mechanics shop for engine and mechanical repair. The Applicant has also indicated that a body shop may be added, and the existing fuel tank dispenser will be used; and 6. Design Guideline/Site Plan approval is not required in that no exterior building or site changes are proposed; and 7. City staff prepared a planning report dated September 6, 2019 reviewing the request; and 8. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their September 12, 2019 meeting,took comments from the applicants and public, closed the public hearing, and recommended the application 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 Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of trucks at 5280/5288 Stagecoach Trail 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 subject to the conditions as follows: 1. The number of truck vehicles including truck only, tractor only, trailer only, or combination truck-trailer allowed onsite and stored outdoors shall not exceed 85. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Stormwater Pollution Prevention Plan and Notification for Above Ground Store Tanks to the MPCA if the tank is to be replaced. 4. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 5. The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the repair operation. 2 Page 50 of 116 6. The Applicant shall comply with all Building Code requirements for the fuel tank and installation of a paint booth. A Building Permit shall be required from the City for the fuel tank and paint booth installation. 7. The Applicant shall provide a plan for noise and exhaust mitigation for review by the City. All air quality standards of the Minnesota Pollution Control Agency shall be complied with. 8. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 9. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 10. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 11. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 12. The City Arborist should comment if there are any tree maintenance issues or if additional trees should be added for screening and the Applicant shall provide a plan to take appropriate corrective measures. The tree plan shall be subject to review and approval of the City Arborist. 13. Any additional signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 14. All noise generated from the business shall be compliant with Section 401.15.B.11 of the Zoning Ordinance. No vehicle repair shall be conducted outside. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 15. Mechanical equipment that is located on the roof or visible from street level or from neighboring properties shall be screened with materials that blend harmoniously with the building facade materials and in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 16. There shall be no outside storage, including tires and vehicle parts unless enclosed with a screen. No storage shall be allowed in trailers that are parked on the property. 17. The hours of operation shall be limited to 7:00 AM to 7:00 PM Monday through Friday and 8 AM to 5 PM Saturday and Sunday except for emergency truck repair drop offs. The operations shall cease, and the 3 Page 51 of 116 entrance gate shall be locked no later than 15 minutes after the approved closing times or emergency truck repair drop offs. 18. All employees shall be assigned a designated parking stall. No employee or vehicle client parking shall be allowed on Stagecoach Trail. The City shall make a request to Washington County that Stagecoach Trail, adjacent to the subject site in Oak Park Heights be designated for no parking on either side of the roadway. 19. There shall be no overnight stays by clients. 20. If truck backing alert systems create a noise issue for surrounding properties,the City Council shall review the Conditional Use Permit and conditions of approval. 21. Annual review is imposed as a condition of this Conditional Use Permit. This permit shall be reviewed on or about October 1 of each year and may be amended or altered at the discretion of the City Council through an amended Conditional Use Permit. Approved by the City Council of the City of Oak Park Heights this 24a`day of September 2019. Mary McComber,Mayor ATTEST: Eric A. Johnson, City Administrator 4 Page 52 of 116 ATTACHMENT A Conditional Use Permit To Allow A Truck Repair Operation With Outside Storage of Trucks Minnehaha Transportation,Inc. Washington County Property Identification Number&Legal Description: 5280 Stagecoach Trail N. WC Property ID: 03.029.20.31.0004 Legal Description: All that part of the NE 1/ of the SW 1/ of Section 3, Township 29, Range 20, contained within the following bounds,to-wit: Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said Section 3, and running thence West 24 rods and 3 feet; thence South 21 rods and 9.9 feet to the place of beginning, excepting therefrom the South 150 feet thereof. 5288 Stagecoach Trail N. WC Property ID: 03.029.20.31.0003 Legal Description: The North 963.6 feet of the East 429 feet of the NE 1/ of the SW 1/ of Section 3, Township 29 North,Range 20 West, excepting the following two tracts: 1. The North 232 feet of the East 165 feet thereof; and 2. The South 262 feet of the North 494 feet of the East 233 feet thereof. Page 53 of 116 ATTACHMENT B Conditional Use Permit To Allow A Truck Repair Operation With Outside Storage of Trucks Minnehaha Transportation,Inc. 5280/5288 Stagecoach Trail N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review& Recommendation: September 12,2019 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) Page 54 of 116 Oak Park Heights Request for Council Action Meeting Date September 241' 2019 Time Required: 5 Minutes Agenda Item Title: Conditional Use Permit Boo Boo's Garage—Auto Sales Minor Auto repair and Outdoor stor a 5899 Nova Scotia Ave. Agenda Placement New Busi s V"/ Originating Depar men E c Johnsm-CLty Administrator Requester's Signa Action Requested Di scuzon.Possible Action Background/Justifica n(Please indicate 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 Sept. 0h 2019 - as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 55 of 116 TPC3801 Thurston Avenue N, Suite 100 �C Anoka, MN 55303 'hone. 763.231.5840 Facsimile: 763.427,0520 TP`C(§PlannlngCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: September 5, 2019 RE: Oak Park Heights- Boo Boo's Garage-Conditional Use Permit-Auto Sales, Minor Auto repair and Outdoor Storage - 5899 Nova Scotia Avenue FILE NO: 235.02 - 19.09 BACKGROUND Pat Velasco and Kevin Craile of Boo Boo's Garage, LLC, have made application for a Conditional Use Permit to allow for a private auto club with auto sales, minor auto repair and outdoor storage at 5899 Nova Scotia Avenue North. The private auto club is dedicated to classic and rare automobiles that will operate out of the building that was formerly Goodwill. The property is zoned B-4, Limited Business District in which indoor automotive sales is a permitted use and the minor auto repair and outdoor storage is a Conditional Use. The Applicant plans to occupy the existing building and not make significant changes to the building or site. Attached for reference: Exhibit 1: Project Narrative Exhibit 2: Layout Plan (C2.1) Exhibit 3: Floor Plan (Al) Exhibit 4: Site Pictures ISSUES ANALYSIS Project Description. A project narrative has been submitted and is found as Exhibit 1. The proposed use is described as follows: "Applicant plans to develop a one-of-a-kind, private automobile club dedicated to classic and rare automobiles that will operate out of the existing building on the property. The Page 56 of 116 property's building will serve as a unique community gathering space for vehicle aricionados to enjoy and appreciate vintage and exotic automobiles in a museum type format. It will also likely serve as an event space for automobile showcases, corporate gatherings, and private parties. Applicant seeks to offer memberships enabling members to use the property's building to: • Lease year round, climate controlled, secured storage and exhibition space to store and display classic and rare automobiles; • Perform basic automotive maintenance and repairs, such as minor mechanical repair and washes;and • Sell small quantities of classic and rare automobiles directly to consumers as a licensed Vehicle Dealer." Surrounding Uses. The adjoining uses to this site are: • North—Offices and Residential • Northeast— Residential • Northwest—Aldi Grocery • East— Residential • South— Utility EasementfLine and Drainage Pond • Xcel Energy Substation Comprehensive Plan. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the property for automotive sales, service and outdoor storage is consistent with this land use designation. Zoning Ordinance. The property is zoned B-4, Limited Business District in which indoor retail sales is a permitted use. The Applicant is not proposing outdoor automotive sales and that use is not allowed within the B-4 District. A Conditional Use Permit is required to allow the minor auto repair and the outdoor storage of an enclosed trailer. The Applicant has indicated that the proposed maintenance to be performed at the site will include oil changes and car washes, both of which are allowed under minor auto repair. The proposed trailer is 28 feet in length and enclosed. Review of the criteria for the Conditional Use Permit is found later in this report. Setbacks. The building and parking areas are compliant with all setback requirements. There are no changes planned to the building or parking setbacks with this project. Traffic CirculationiCurb Cuts/Security Gate. The existing curb cut will remain for access to Nova Scotia Avenue North. A security gate has been installed at the entrance to the site. A rapid entry lock box will be installed to provide police, fire and other emergency services access. 2 Page 57 of 116 Parking. There is a total of 73 parking spaces on site, four of which are disability assessible. Five of the stalls on the original site plan will now be used for trailer parking. The parking calculations are as follows: Requirement Area Spaces Required Retail 1 space per 200 sq ft 13,320 sq ft 67 Maintenance Area 1 space for each 800 4,602 sq ft 6 sq ft over 1,000 sq ft Total I 1 73 There is more than adequate parking for customers, employees and special events. Site/Landscaping. The Applicant has indicated that they are not planning to change the exterior of the building or make site changes. They are planning to make minor landscape improvements. Major changes to the landscaping will require City approval. Wood Access Ramp. A wood ramp to access the rear of the building has been added. The Building Oficial has indicated that the ramp will require a structural plan. The Applicant is working with the architect and engineer to provide the required plan. Lighting. The Applicant has indicated that no changes will be made to the existing exterior lighting for the site. Any changes to the lighting will require City review and installed in compliance with the lighting standards of the Zoning Ordinance. Trash, Tires and Recycling Storage. The Applicant has indicated that all trash, tires and recycling storage shall be done inside the building. All hazardous waste storage and disposal will need to comply with State and Washington County regulations and permitting requirements. Mechanical Screening. Any new exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. Grading, Drainage, Erosion Control and Utilities. No changes are planned to the grading, drainage or utilities. Design Guidelines. There are no changes to the building proposed at this time. Any exterior changes that require Design Standards review will need to be addressed by the City. Signage. Freestanding Signs. The existing freestanding sign near Nova Scotia Avenue will be used for the business. 3 Page 58 of 116 Wall Signacie. No wall signage is proposed at this time. Sign Illumination. All existing and new signs will be required to comply with the Zoning Ordinance sign and lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Noise. With the proximity of residential properties to the northeast, control of noise with the site was a concern with the Goodwill and now with this use. It will be important that the Applicant keeps all of the maintenance inside of the structure and that the doors to the maintenance areas be closed except when vehicles are moved in and out of the structure. Conditional Use Criteria: Section 401.301.E.2. Auto repair-minor and tire and battery stores and service, provided that the use accessory to and internally located within a retail sales operation: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. All buildings shall comply with the City's Design Guidelines. Comment: The building is in place and there are no changes planned at this time. b. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. Comment: The parking lot, building and landscaping is in place. C. A minimum lot area of twenty thousand(20,000) square feet and minimum lot widths of one hundred fifty(150) feet. Comment: The site complies. d. A drainage system subject to the approval of the City Engineer shall be installed. Comment: The site complies. e. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. Comment: The site complies. 4 Page 59 of 116 f. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 401.15.8.7 of this Ordinance. Comment: The lighting as installed was compliant. Any changes to the outdoor lighting will need to be installed in compliance with the Zoning Ordinance. g. At the boundaries of a residential district, a strip of not less than ten (10) Met shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. Comment: The site is compliant. h. Parking spaces shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. Comment: The site is fenced, and landscaping was installed as part of the original development. i. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. Comment: The access point is not being altered with this request. j. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401-15.G. of this Ordinance. Comment: The signage is required to be compliant with the Zoning Ordianance. k. Provisions are made to control and reduce noise. Comment: Noise will be addressed in the conditions of approval. 1. No outside storage except as allowed in compliance with Section 401.301.E.5 of this Ordinance. Comment: A Conditional Use Permit has been requested for the outdoor storage of the enclosed trailer. M. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.301.E.6 of this Ordinance. 5 Page 60 of 116 Comment: The City Council may choose to revisit the conditions if the business changes in any significant way. n. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. Comment: The City Council may choose to revisit the conditions if the business changes in any significant way. o. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The conditions are reviewed in this report. Section 401.301.E.4 Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. Comment: The area is fenced, and landscaping was installed more than 10 years ago. b. Storage is screened from view from public right-of-way in compliance with Section 401.15.E. of this Ordinance. Comment: The storage area will not be visible from the public right of way. C. Storage area is grassed or surfaced to control dust. Comment: The area is paved. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.95.8.7 of this Ordinance. Comment: The lighting is currently compliant. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. Comment: The criteria for Conditional Use Permit is reviewed as follows in this report. 6 Page 61 of 116 Section 401.03.A.7 The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use_ 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The Planning Commission should comment if any of these criteria will be at odds with the Conditional Use Permit proposed for the site. City Staff does not see any issues. CONCLUSION AND RECOMMENDATION Subject to the preceding review, City staff recommends approval of a Conditional Use Permit to allow for a private auto club with auto sales, minor auto repair and outdoor storage at 5899 Nova Scotia Avenue North subject to the following conditions: 1. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 2. The Applicant shall provide a structural plan for the wood access ramp that has been installed. 3. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 4. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 5. Major changes to the landscape or new plantings are subject to review and approval of the City Arborist. 6. Changes to the building to accommodate car storage and repair shall require a Building Permit from the City. 7 Page 62 of 116 7. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building fagade materials. 8. Any additional signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 9. All noise generated from the business shall be compliant with Section 401.15.B.11 of the Zoning Ordinance. The service door to the building shall be closed at all times except when vehicles are moved in and out of the service entrance. 10. All auto repair activities shall be conducted indoors. 11. All storage of trash, recycling, materials, parts and supplies shall be interior to the building. 12. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. pc: Julie Hultman 8 Page 63 of 116 PROJECT NARRATIVE Submitted in Support of Development Application for Conditional Use Permit("CUP") 5899 Nova Scotia Avenue,City of Oak Park Heights,Minnesota Boo Boo's Garage,LLC,Applicant The Applicant, Boo Boo's Garage, LLC, submits this Project Narrative in support of its Development Application for a Conditional Use Permit("CUP")addressing proposed uses for real property it owns at 5899 Nova Scotia Avenue,PIN 0502920110119(the"Property"). Proposed Use.Applicant plans to develop a one-of-a-kind,private automobile club dedicated to classic and rare automobiles that will operate out of the existing building on the Property. The Property's building will serve as a unique community gathering space for vehicle aficionados to enjoy and appreciate vintage and exotic automobiles in a museum-type format. It will also likely serve as an event space for automobile showcases,corporate gatherings, and private parties. Applicant seeks to offer memberships enabling members to use the Property's building to: • Lease year-round, climate-controlled, secured storage and exhibition space to store and display classic and rare automobiles; • Perform basic automobile maintenance and repairs, such as minor mechanical repair and washes; and • Sell small quantities of classic and rare automobiles directly to consumers as a licensed Vehicle Dealer. The Proposed Repair and Sales Uses are Conditional Uses Requiring a CUP.`Ihe Property is zoned as B-4 Limited Business District. City Ordinance 401.301.E states that"automobile repair- minor and tire and battery stores and service" is a conditional use, "provided that the use is accessory to and internally located within a retail sales operation." Applicant's proposed maintenance and repair uses,which include oil changes and car washes, fall within the definition of"Automobile Repair-Minor": Installation, including cellular telephones, audio systems, and minor repairs, upholstering, replacement of parts (tires, glass, etc.) and minor motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight,but not including any operation specified under"Automobile Repair-Major." City Ord. Definitions. The proposed automobile maintenance and repairs will not include major car repairs, such as rebuilding or reconditioning engines,collision service,or body repair. Additionally, the proposed maintenance and repair services are accessory to the retail business, which includes the sale of storage space and the sale of classic and rare automobiles to consumers at the Property. "Retail" is defined by the City's zoning code as "the sale of items in small quantities directly to consumers"City Ord.Definitions.Applicant is in the process of obtaining a Vehicle Dealer license that will allow vehicles to be sold from the Property. Because the minor 1 COREOA*4285.0006/153802318.3 Page 64 of 116 repairs will be an accessory use to the sales of storage space and classic and rare vehicles in small quantities directly to consumers at the Property, Applicant's proposed uses are conditional uses that require a CUP. The City's Authority to Grant a CUP to Applicant. Permitting Applicant's proposed uses through a CUP would be compatible with the land use and zoning of the Property within the general area and would be suitable for the property for the uses permitted under the existing zoning classification. As provided by City Ordinance 401.03.C, in making its determination to grant a CUP,the City may consider: 1. The nature of the adjoining land or buildings. According to the current Zoning Map, the adjoining land is also zoned B-4, Limited Business District.According to the Proposed Land Use Map in the Comprehensive Plan, the adjoining land is guided towards Commercial and Medium Density Residential. The current adjoining uses are as follows: West: Xcel Energy Utility Infrastructure Northwest: Grocery Store North: Offices.Residential Northeast:Residential East:Residential South: Utility Line and Drainage Pond Because Applicant's proposed repair and retail uses will be contained within the existing building on the Property, the adjoining land or buildings will not be negatively impacted by the proposed uses. 2. Whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by. Automobile storage, repair and sales are not current uses for the Property. The Property was last used as a Goodwill store and thrift store. An auto body shop and an auto parts shop are located within the commercial area to the west of the property (Jerry's Auto Body, Autozone Auto Parts, and Walmart Auto Care Centers). Although the proposed repair and sales services are unique to the Property,the uses will be contained within the existing building and will be consistent with the character of the area and Property. 3. The effect upon traffic into and from the premises,or on any adjoining roads. Applicant's proposed uses will attract less traffic than the neighboring commercial uses to the west, which will help buffer between the higher-density commercial uses to the west and the residential uses to the east.Applicant's Property is located on the eastern periphery of the commercial retail area to the west of the Property that includes a Lowe's,Walmart, Bremer Bank, White Castle, St. Paul Eye Clinic, Massage Envy-Stillwater, and other businesses. Because the Property will be primarily be used for private use by club 2 CORE/2064285.0006/153802318.3 Page 65 of 116 members and occasional events and gatherings, the proposed uses will not materially increase traffic into and from the premises or adjoining roads. 4. All other or further factors as the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare,public health and safety. The proposed repair and sales uses are consistent with the permitted uses in the B-4 District. The B-4 District permits retail sales, commercial service uses,club or lodge halls,parking or garages for the parking and storage of private passenger vehicles, and rental services conducted entirely within a building. City Ord. 401.301.13. Granting Applicant's CUP would therefore allow club members to repair and sell the cars parked and stored inside the building. Moreover, granting Applicant's CUP would be consistent with the City's Comprehensive Plan. City Ord. 401.01.1). The Comprehensive Plan zoning map guides the Property towards"Commercial(with adjacent medium density residential)."The Plan sets forth that it intends for commercially zoned properties to "maintain and improve" the City's "vital retail and service locations."Comprehensive Plan at 72.Through Commercial districts,the City also seeks to"promote a mixed use environment with the commercial areas consisting of retail,office,and service land uses."Id. Here,the private club would revitalize a vacant retail building by offering new services and retail while also serving as a buffer between higher-intensity commercial use and the adjacent residential uses. Accordingly, granting Applicant's CUP is consistent with the City's Zoning Code and Comprehensive Plan. 5. Answers to specific questions raised in the August 21, 2019 letter from Scott Richards,City Planning Consultant to the City of Oak Park Heights. a. Plans for emergency vehicle access through the security gate. Applicant met with the City of Oak Park Heights Police Chief to address this issue. Applicant will install a lock box at the security gate. Police, fire, and other emergency services will have access to the lock box the property through the security gate. b. Details regarding the outdoor trailer parking including numbers of trailers to be stored at one time. One enclosed car trailer will be stored in the outdoor trailer parking area and will be screened from the neighboring residential area by a wooden fence (pictures below).The trailer will be used to transport vehicles that are stored on the Property and to transport vehicles to and from the Property. c. Plans for business signage. The Applicant does not plan to include any business signage. 3 CO"J20"285.0006/1538023183 Page 66 of 116 d. Plans for exterior changes to the exterior of the building or site. Besides minor landscaping improvements and adding any required screening,there are no plans to change the exterior of the building or site. e. Plans for waste, recycling and tire storage on site. Waste and Reycling: • Solid Waste: Applicant will comply with City of Oak Park Heights and Washington County ordinances related to the proper disposal of solid waste. • Recycling: Applicant will comply with City of Oak Park Heights and Washington County ordinances related to recycling. • Hazardous Waste and Universal Waste Disposal and Recycling: Applicant will comply with Washington County ordinances and state and federal laws related to the proper disposal of any hazardous wastes and universal wastes generated on the Property from the proposed automotive maintenance and repairs. To ensure proper disposal or recycling, Applicant will bring the small amounts of waste chemicals used and generated on site to the Washington County's collection program for small businesses and will contract with a disposal service that is licensed to properly dispose of or recycle hazardous wastes or universal wastes that are not accepted by Washington County. Tire Storage: Applicant does not plan to store tires on the property. Any tires that are stored on site will be stored indoors and in accordance with any building and fire code requirements. E Changes to the building that will be required for the change of use for auto repair,including details on floor drains/oil trap,air exchange systems and fire suppression. Applicant will work with the Washington County Department of Public Health and Environment, the City of Oak Park Heights Building Inspector, and other regulators, such as the Minnesota Pollution Control Agency and the local fire marshal, to ensure that the vehicle maintenance area of the building includes any floor drains/oil traps,air exchange systems,fire suppression systems,and any other systems that are necessary to comply with the state building and fire codes as well as county, state, and federal environmental health and safety laws and regulations for the Proposed Use. g. Structural engineers plan for the access ramp on the Site Plan. The access ramp shown on the Site Plan has already been constructed. Applicant is working with the architect and engineer to provide the plans for the access ramp so that the plans may be provided to the City. 4 CORE/2064285.0006/153802318.3 Page 67 of 116 The name of the Architect for the ramp is: Paul Knutson Ar-Co Design 1246 Saint Albans St.N. St. Paul,MN 55417 612-386-2200 The Engineer for the ramp is: Complete Building Solutions 2524 Nevada Ave.N. Golden Valley,MN 55427 763-544-3355 h. Determine if automotive waste material storage requires permitting from Washington County. Applicant is working with Washington County to determine whether a license for hazardous waste will be required for the proposed use.If necessary,Applicant will obtain a license and dispose of hazardous waste in accordance with that license. L Pictures of existing screening, especially as it relates to trailer storage area. Below are pictures of the existing screening for the trailer storage area where the enclosed car trailer will be stored. a i lh J Y t. 1 i i s 5 COM2064285.0006/153802318.3 Page 68 of 116 I v, 1 Lii W _ As required,the Applicant has submitted to the City: 1. The Development Application form; 2. This Project Narrative; 3. A Site Plan for the Property; and 4. The Application Fee and Escrow amount,totaling$1,400.00. 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Page 73 of 116 i w AO r , 6 r= A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY BOO BOO'S GARAGE FOR A CONDITIONAL USE PERMIT TO ALLOW A PRIVATE AUTO CLUB WITH AUTO SALES, MINOR AUTO REPAIR AND OUTSIDE STORAGE AT 5899 NOVA SCOTIA AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Boo Boo's Garage for a Conditional Use Permit to allow a private auto club with auto sales,minor auto repair and outside storage at 5899 Nova Scotia Avenue; 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-4, Limited Business District. Indoor auto sales is a Permitted Use but a Conditional Use Permit is required to allow minor auto repair and outdoor storage; and 4. The minor auto repair will involve oil changes, tire service and car washes, which is allowed under the definition of minor auto repair; and 5. The Applicant has proposed parking a 28-foot enclosed trailer in the parking lot,which is considered as outdoor storage. No other outdoor storage of auto parts or trash/recycling is proposed; and Page 75 of 116 6. Design Guideline/Site Plan approval is not required in that no exterior building or site changes are proposed; and 7. City staff prepared a planning report dated September 6, 2019 reviewing the request; and 8. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their September 12, 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 Boo Boo's Garage for a Conditional Use Permit to allow a private auto club with auto sales,minor auto repair and outside storage at 5899 Nova Scotia Avenue 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 subject to the conditions as follows: 1. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 2. The Applicant shall provide a structural plan for the wood access ramp that has been installed. 3. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 4. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 5. Major changes to the landscape or new plantings are subject to review and approval of the City Arborist. 6. Changes to the building to accommodate car storage and repair shall require a Building Permit from the City. 7. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be 2 Page 76 of 116 screened with materials that blend harmoniously with the building fagade materials. 8. Any additional signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 9. All noise generated from the business shall be compliant with Section 401.15.B.11 of the Zoning Ordinance. The service door to the building shall be closed at all times except when vehicles are moved in and out of the service entrance. 10. All auto sales and auto repair activities shall be conducted indoors and shall be limited to the private auto club members. 11. All storage of trash, recycling,materials,parts and supplies shall be interior to the building. 12. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. 13. If the City receives complaints on the location of where the enclosed trailer is located,the City Council may reconsider the storage location or require additional screening through an amended Conditional Use Permit. Approved by the Planning Commission of the City of Oak Park Heights this 12' day of September 2019. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 77 of 116 ATTACHMENT A y Conditional Use Permits To Allow Minor Auto Repair& Outside Storage Boo Boo's Garage Washington County Property Identification Number: 05.029.20.11.0119 Legal Description: Lot 1,Block 1, Goodwill Addition Physical Address: 5899 Nova Scotia Ave. N. Page 78 of 116 ATTACHMENT B Conditional Use Permits To Allow Minor Auto Repair& Outside Storage Boo Boo's Garage 5899 Nova Scotia Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review& Recommendation: September 12, 2019 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 79 of 116 RESOLUTION NO. CITU COUNCIT. CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY BOO BOO'S GARAGE FOR A CONDITIONAL USE PERMIT TO ALLOW A PRIVATE AUTO CLUB WITH AUTO SALES, MINOR AUTO REPAIR AND OUTSIDE STORAGE AT 5899 NOVA SCOTIA AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Boo Boo's Garage for a Conditional Use Permit to allow a private auto club with auto sales,minor auto repair and outside storage at 5899 Nova Scotia Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application 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-4, Limited Business District. Indoor auto sales is a Permitted Use but a Conditional Use Permit is required to allow minor auto repair and outdoor storage; and 4. The minor auto repair will involve oil changes, tire service and car washes,which is allowed under the definition of minor auto repair; and 5. The Applicant has proposed parking a 28-foot enclosed trailer in the parking lot,which is considered as outdoor storage. No other outdoor storage of auto parts or trash/recycling is proposed; and Page 80 of 116 6. Design Guideline/Site Plan approval is not required in that no exterior building or site changes are proposed; and 7. City staff prepared a planning report dated September 6, 2019 reviewing the request; and 8. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their September 12, 2019 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application 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 Boo Boo's Garage for a Conditional Use Permit to allow a private auto club with auto sales,minor auto repair and outside storage at 5899 Nova Scotia Avenue 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 subject to the conditions as follows: 1. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 2. The Applicant shall provide a structural plan for the wood access ramp that has been installed. 3. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 4. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 5. Major changes to the landscape or new plantings are subject to review and approval of the City Arborist. 6. Changes to the building to accommodate car storage and repair shall require a Building Permit from the City. 7. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be 2 Page 81 of 116 screened with materials that blend harmoniously with the building fagade materials. 8. Any additional signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 9. All noise generated from the business shall be compliant with Section 401.15.B.I I of the Zoning Ordinance. The service door to the building shall be closed at all times except when vehicles are moved in and out of the service entrance. 10_ All auto sales and auto repair activities shall be conducted indoors and shall be limited to the private auto club members. 11. All storage of trash, recycling,materials, parts and supplies shall be interior to the building. 12. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. 13. If the City receives complaints on the location of where the enclosed trailer is located,the City Council may reconsider the storage location or require additional screening through an amended Conditional Use Permit. Approved by the City Council of the City of Oak Park Heights this 24`d day of September 2019. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 82 of 116 ATTACHMENT A Y Conditional Use Permits To Allow Minor Auto Repair& Outside Storage Boo Boo's Garage Washington County Property Identification Number: 05.029.20.11.0119 Legal Description: Lot 1, Block 1, Goodwill Addition Physical Address: 5899 Nova Scotia Ave. N. Page 83 of 116 ATTACHMENT B Conditional Use Permits To Allow Minor Auto Repair& Outside Storage Boo Boo's Garage 5899 Nova Scotia Ave.N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review& Recommendation: September 12, 2019 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) Page 84 of 116 Oak Park Heights Request for Council Action Meeting Date September, 24 2019 Time Required: 5 Minutes Agenda Item Title: Consider Road Improvements Proiects for 2020 Agenda Placement New Business Originating Department/Requestor:_ Eric Johnson, City Administrator Requester's Signature Action Requested Discussion,Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo. Page 85 of 116 w� City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439-0574 9/19/19 TO: Mayor and Council Members From: Eric Johnson,City Administrator RE: 2020 Street Projects—Two Items ITEM#1 The enclosed memo from Stantec dated September 18 outlines a scope of services for design and bidding the 2020 mill and overlay(M&0)areas as well as a potential reconstruction of Oakgreen Avenue(part of Area 5). In total the city is proposing to repair three areas 5,6&8,in 2020 totaling an estimated cost of$909,000 assuming they are all mill&overlay. Total Costs for the Stantec Proposal:$77,557(this includes$5,000 for geotechnical work from AET) Gross Construction costs are estimated at this time by Staff to be$909,109 if all areas can be M&0. Area 5 $254,774 $416,574 All funding would be from the Mill&Overlay Budgeted Projects Fund; Area 5 Area 8 $237 416,571 That Portion of Oakgreen Ave that may be reconstructed would be Total Estimate $909,109 funded from the Street Reconstruction Fund($2.8 Million balance). The cost of Area 5(which includes Oakgreen Ave)will be better known once geotechnical reports are completed with repair recommendation. Only Oakgreen Ave. is being investigated for Reconstruction in Area 5, not 55th, 56th or Oakgreen Place. These figures will need to be amended once more data is known and how the City shares a portion of these costs with Baytown. In total, the costs of all areas, plus engineering could exceed the amounts allocated to the Mill &Overlay accounts.We will not know this until all the bids are in and the final scope of the project areas are defined, but it will likely be tight if favorable bids are not received. At this time, Staff is seeking authority to enter into the proposal for engineering services for 2020 for these areas which will also include site investigations for Oakgreen Ave.to determine if a mill and overlay is appropriate. Item#2 Also enclosed is a draft cooperative agreement that would facilitate the Oakgreen Avenue portion of the Project that also lies within Baytown Township. They are the responsible entity for the west side of as shown in the exhibit map found the draft cooperative agreement. Staff has had some preliminary discussions with the Baytown and they are amenable to the joint project for 2020. The enclosed agreement outlines a 50-50%cost share for the joint portions of the roadway.The cost share would reduce the City costs in Area 5 noted above. At this time,staff is seeking general authority to finalize that cooperative agreement which is necessary to perform any joint work in 2020. Page 86 of 116 a � R of Wk � q 1 - •4 d4 � e+w �� t � _ .a � • °fin � . 2020 Project Areas 5,6&8 a twH-BTWN 4pproxlmab Joint Project Arta Joint Project Area with 1,100 LE+� Baytown w P +� a m x 4. Page 87 of 116 () Stantec 733 Marquette Avenue Suite 1000,Minneapolis MN 55402-2309 September 18,2019 File: 193885119 Attention: Mr.Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights,MN 55082 Reference: Proposal for Engineering Services—2020 Mill and Overlay and Oakgreen Avenue Dear Eric, This letter constitutes the Scope of Services for Professional Services between the City of Oak Park Heights and Stantec Consulting Services Inc.for providing design and bidding services for the 2020 Mill and Overlay and Oakgreen Avenue project. The mill and overlay improvements include Areas 5,6 and 8 as shown on the City's Street Maintenance Areas map(attached). The project also includes the rehabilitation or reconstruction of Oakgreen Avenue from 5801 Street southerly to the City boundary with Baytown Township. Approximately 25%of the proposed work on Oakgreen Avenue is in Baytown Township.This proposal assumes that the current rural section and road width of Oakgreen Avenue will be maintained and that there is no utility work included in the project other than adjustments of existing structures. The total estimated hourly not-to-exceed fee for design and bidding is$72,557, including expenses. Additional services by others have been identified for geotechnical investigation services. A proposal for construction services in 2020 will be forwarded for the City's review toward the end of the design phase. See the fee summary following the task descriptions. The proposed tasks are as follows: Task 1: Design Services The design services for the project include the following: • Project Kick-Off—Meeting with City staff to confirm elements to be included in the project. • Preliminary Site Investigation forthe Mill and Overlay part of the project to identify patching,curb replacement,structure adjustment, drainage issues. This task includes site visits by the project engineer and field supervisor and a site visit by a surveyor, if needed. • Preliminary Site Investigation for Oakgreen Avenue by the project engineer and field supervisor and, if needed, a preliminary survey of the corridor. • Review of geotechnical report to determine treatment of Oakgreen Avenue. • Prepare one final design and set of construction drawings based on results of kick-off meeting. • Prepare specifications. Design -•,u community in mind Page 88 of 116 September 18,2019 Mr.Eric Johnson Page 2 of 4 Reference: Proposal for Engineering Services—2020 Mill and Overlay and Oakgreen Avenue • One additional meeting with Baytown Township • Progress meeting—meeting with City staff to review plans at 90%status. • Prepare opinion of probable construction cost at 100%plan status. Task 2: Bidding Services • Package Bid Documents • Issue ad for bids • Answer contractor questions • Issue addenda if necessary • Attend the bid opening • Review the bids • Compile the tabulation of bids • Prepare award letter/recommend award of project Additional Services: Geotechnical I nvestigation: If the City chooses to do so,an independent material testing firm will conduct Ground Penetrating Radar data collection and analysis along with bituminous coring and shallow soil borings to estimate the actual thickness of in place bituminous pavement and aggregate base materials on Oakgreen Avenue. The fees for the tasks outlined above are as follows: Task 1 —Design Services $64,984 Task 2—Bidding Services $4,573 Expenses $3,000 Total Estimated Fee $72,557 Estimated Additional Services— Geotechnical Investigation $5,000 D,ra"A with community in mind Page 89 of 116 September 18,2019 Mr.Enc Johnson Page 3 of 4 Reference: Proposal for Engineering Services-2020 Mill and Overlay and Oalgreen Avenue Proposed Schedule A potential schedule for the project is as follows: September 24,2019 Authorization to prepare Plans and Specifications December 10,2019 Approve plans and specifications/Authorize bidding January 21, 2020 Receive Bids January 28, 2020 Review Bids,Award Contract May/June 2020 Begin Construction October 2020 Substantial/Final Completion This letter and Scope of Services described above represent the understanding between the City and Stantec in respect to the Project and may only be modified in writing signed by both of us and is subject to the current Master Services Agreement between the City and Stantec. If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below and return one copy to our office. CITY OF OAK PARK HEIGHTS By Print Name and Title Date If you have any questions, need additional information, or wish to discuss this matter in greater detail, please contact me. Thank you for the opportunity to provide these services. Design with community in mind Page 90 of 116 September 18,2019 Mr.Eric Johnson Page 4 of 4 Reference: Proposal for Engineering Services—2020 Mill and Overlay and Oakgreen Avenue Regards, StanL--consulting Services Inc. Lee M. Mann, PE MN,WI,CA City Engineer Phone:612-712-2085 Lee.Mann@stantec.com Attachment: OPH Street Maintenance Plan by Area-Map Capital Improvement Plan Document—Replace Oakgreen Avenue c. file Andrew Kegley,DPW Kellie Schlegel,Stantec Design with community in mind Page 91 of 116 COOPERATIVE AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS AND BAYTOWN TOWNSHIP FOR THE RE-CONSTRUCTION OF STREETS AND STORMWATER ALONG THEIR COMMON BORDER- OAKGREEN AVE. THIS AGREEMENT, is entered into as of the date written below by and between the City of Oak Park Heights, a municipal corporation, hereinafter referred to as "OPH", and Baytown Township, a municipal corporation,herein after referred to as "BTWN". WITNESSETH: WHEREAS,OPH and BTWN desire to improve safety,capacity,and operation of Oakgreen Avenue; a publicly dedicated roadway, a portion of which lies upon their common border which is further identified in the attached Exhibit "A"; and WHEREAS, in 2020 OPH is anticipating to prepare plans and specifications, advertise and receive sealed bids and award a project to the lowest responsible bidder as authorized under Minnesota Statute for street repairs or reconstruction several areas of Oakgreen Avenue in OPH; and, WHEREAS,BTWN and OPH desire to include said plans and specifications to add similar improvements for streets shared in common along their common border; and WHEREAS, OPH will additionally prepare plans and specifications for the re-construction of all joint portions of the Oakgreen Avenue roadway,including any replacement and or rehabilitation of related storm sewer; and, WHEREAS,the BTWN agrees to have OPH perform the construction of street over streets within BTWN's jurisdiction and which may be included under the contract that OPH will have for the balance of OPH's 2020 street and municipal utility improvements; and WHEREAS,this Agreement is made pursuant to statutory authority contained in Minnesota Statute § 471.59. NOW THEREFORE,IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. PLANS AND SPECIFICATION PREPARATION 1. The Project is defined as a reconstruction of the Oakgreen Ave.roadway to a rural section from 58th Street N to a point southwardly approximately 2,000 linear feet including any Page 92 of 116 required stormwater elements. The Project shall utilize and comply with OPH City Engineer design specifications. 2. Subject to the Cost Participation elements found in this Agreement, OPH shall be responsible for the preparation of the necessary plans and specifications, including compliance with all applicable standards and policies and obtaining all approvals required in arriving at the specifications for the Project. 3. Both parties shall review and approve the final plans and specifications developed by OPH before OPH proceeds to the release of bid documents and contract award. C. CONSTRUCTION ADAGNISTRATION,OBSERVATION,AND TESTING OPH shall be responsible for the design, bidding and award, construction administration, inspection, and for the observation and testing for all construction items for all aspects of the Project. OPH shall invoice BTWN for its costs as outlined in Section D. D. COST PARTICIPATION 1. BT"is responsible for 100%of the street and stormwater construction costs,including design, right of way acquisition, administration, inspection, and observation and testing for all construction items associated with areas within its jurisdiction and a pro rata proportion of such cost for shared streets along the BTWN/OPH border as shown in Exhibit A. 2. OPH is responsible for 100% of the street and stormwater construction costs, including design, right of way acquisition, administration, inspection, and observation and testing for all construction items associated with areas within its jurisdiction and a pro rata proportion of such cost for shared streets along the BTWN/OPH border as shown in Exhibit A. 3. Storm water improvements shall be calculated and funded based upon the percentage of the contributing drainage area(square feet). 4. All costs associated with the Project must be based on acceptable bids from the lowest responsible bidder or duly approved and executed change orders. All costs must be rationally related to such bids and based upon reasonable market conditions as determined by the OPH City Engineer. E. PAYMENT 1. OPH will invoice BTWN for its required portion of the actual construction costs for shared streets and related stormwater elements which include,but are not limited to: actual design and construction costs, engineering administration, testing, inspections, observation, contracted professional engineering services and standard OPH administration (finance Page 93 of 116 and billing) and labor rates and other permitted or agreed upon amounts due after the expense has been incurred payable within 60 days from the date of invoice. OPH shall provide to BTWN a detailed list of incurred costs. 2. Construction costs noted in Section E.1 to be paid by BTWN to OPH shall be based on contract unit prices and actual units of work performed. F. LIQUIDATED DAMAGES & CHANGE ORDERS In any joint- project areas, any net liquidated damage assessed against the construction contractor(s) in conjunction with the work performed on the Project shall be shared by BTWN and the OPH in the following proportion; 50%/50%. OPH shall not initiate or approve any change orders impacting work done on behalf of BWTN under this Agreement without the express written approval of BTWN but such approval shall not be unreasonably withheld conditioned or delayed by BTWN if the OPH City Engineer deems..,.-in writing that such work is vital and necessary to complete the Project in a timely fashion. Neither party may seek any change orders that impact work, pricing or timing on the other party's elements of the Project under any Agreement without the express written approval of that affected community. G. CIVIL RIGHTS AND NON-DISCRIMINATION AND PREVALING WAGES The provisions of Minn. Stat. § 181.59 and any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. If either party to this agreement desires that"prevailing wages"be paid,that are in excess or are outside of the received bids, such costs (if any) shall solely born by that requesting entity for work within its respective jurisdiction. H. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of BTWN and all other persons employed by BTWN in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of OPH and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said BTWN employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of OPH. Likewise, it is hereby understood and agreed that any and all employees of OPH and all other persons employed by OPH in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of BTWN Page 94 of 116 and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said OPH employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of BTWN. I. INDEMNIFICATION 1. Subject to the limitations of Minn. Stat. §466.04 OPH agrees that it will defend,indemnify and hold harmless BTWN against any and all liability,loss, damages, costs and expenses which BTWN may hereafter sustain, incur or be required to pay by reason of any negligent, reckless or willful act by OPH, its agents, officers or employees during the performance of this agreement. 2. Subject to the limitations of Minn. Stat. § 466.04 BTWN agrees that it will defend, indemnify and hold harmless OPH against any and all liability, loss, damages, costs and expenses which OPH may hereafter sustain, incur or be required to pay by reason of any negligent, reckless or willful act by BTWN, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law,action by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of determining total liability, as set forth in Minnesota Statutes, Section § 471.59, subd. la(b),providing further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party as set forth in §471.59, Subd. la(a). The parties to this Agreement are not liable for the acts or omissions of the other party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties. J. TERM OF AGREEMENT This agreement shall remain in full force and effect until the elements of this Agreement and the improvements along the common border of BTWN and OPH outlined in Exhibit A are completed. Any warranties, liabilities, or other performance guaranties owed to the parties hereto by the construction contractors upon completion of the Project shall survive and continue beyond the termination of this Agreement. K. SEVERABILITY. The provisions of the Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent j urisdiction,to be contrary to law,such decision shall not affect the remaining provisions of the Agreement. Page 95 of 116 officers.IN TESTIMONY WHEREOF the parries have duly executed this agreement by their duly authorized BAYTOWN TOWNSHIP OAK PARK HEIGHTS Township Chair Date Mary McComber,Mayor Date Township Clerk Date Eric Johnson, City Administrator Date Page 96 of 116 EXHIBIT A PROJECT AREA r d Yv. di db V<u � 7--77' QPH-BTWN .w Approximate Joint Project Area "r .v 1,100 I.J.+/- rl'IL 01 .4 e� Y�v y4 C' T Page 97 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 98 of 116 Oak Park Heights Request for Council Action Meeting Date September 24t' 2019 Time Required: 5 Minutes Agenda Item Title: Consider Communication to the MET COUNCIL-Related to the City's Com rehensive Plan Process&Re uirements Agenda Placement New Business zl-� Originating Department/Requestor• E ' �ijyAdnministrator Requester's Signature Action RequestedDiscussio PZsible Action Background/Justification(/Pe indicate if any previous action has been taken or if other public bodies have advised): The City Planning Commission has developed the attached letter to be sent to the Metropolitan Council with the purpose of the conveying their concerns regarding the review costs and its processes toward the development of the required 2018 Comprehensive Plan. In short,the Planning Commission is expressing concerns with cost,responses from MET COUNCIL staff and what the expected role of the document should be. It also outlines possible changes to the comprehensive planning process in the seven-county metro area based on type or size of community. As a communication of this type should come from or at least have approval from the City Council,they have sent this document forward for review. For what it is worth,City Staff does concur with the language and hopefully will give the MET COUNCIL some future guidance as to how to engage communities in 2028 and that not all cities can be treated the same. Page 99 of 116 City of Oak Park Heights Page 1 oft 168 Oak Park Blvd. N_•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 September 17,2019 Meredith Vadis Regional Administrator METROPOLITAN COUNCIL 390 Roberts Street N. St. Paul, MN 55101 Re: Comprehensive Plan for the City of Oak Park Heights Dear Metropolitan Council: For more than a year our city's staff,consultants to the city,the City Council and the Planning Commission have been working on the Comprehensive Plan (Plan) as mandated by the Metropolitan Council (MET COUNCIL). To date the Plan for our city of fewer than 5,000 has cost the taxpayers more than$150,000 and is more than 150 pages long,yet it has NOT yet been accepted by the MET COUNCIL. What follows are some suggestions for addressing the frustrations that we on the Planning Commission have had during the process. First, we all understand that every city, regardless of size, should have a robust planning process to assure that the community continues to be a vibrant and attractive place not only for its citizens and their families but also for businesses and visitors. However, this approach seems to have a reduced focus in the MET COUNCIL's current process. The current process could be improved by reducing the emphasis on technical requirements and instead focusing more time and resources on enhancing the community's engagement in the planning process. To date, at the request of MET COUNCIL staff,the City of Oak Parts Heights has made numerous revisions to the Plans submitted, requiring separate meetings and additional costs in contracted staff time. All of these requested changes from the MET COUNCIL to date essentially concerned minor technical requirements that not only had little material impact on the implementation of the plan at a local or regional level. But,also many of the changes concerned issues that had little-to-no relevance or practicality for a smaller, fully built-out city such as ours. This represents time and resources that could be better used on community engagement efforts that would allow the citizens of Oak Park Heights to more actively participate in planning for their future and the future of the City. Second, the MET COUNCIL reviewers seem to have no desire or need to give a rationale for why it is they wish to have the information for which they ask; all they demand is merely put under a headnote of "REQUIRED INFORMATION"and we are told if we don't provide what they wish in the form they wish to have it the"Plan will be inconsistent with the Council's"plan. This suggests that the focus of the MET COUNCIL's current regional planning process has become less about helping communities plan for their future within both a local and regional context,and is instead a largely technical and bureaucratic exercise to advance the MET COUNCIL'S plan that includes too many broad,sweeping requirements for the more than 400 highly diverse municipalities in the seven-county region. Such a Page 100 of 116 document is surely not something that can become part of the fabric of what happens or should happen as our City moves into the next generation. Third, putting together the required plan with all its related maps,documentation and narratives is very expensive.As alluded to above,our city contracts for many of the required services and the cost can be in excess of$150,000.Does this process really provide$150,000 in benefits for the city?Is it worth$1,000 a page or more than$30 for each resident of our city?Would these financial resources not be put to better use,such as more extensive community engagement or more small area planning? Lastly, it seems to those of us on the Planning Commission that what we need from the MET COUNCIL is more of a partner in planning and less of a dogmatic overseer of that planning. Indeed,after spending more than a year involved in this process, it seems fair to question why it is that a local Planning Commission, such as ours, is involved in the comprehensive planning process.If the focus of this process is ensuring technical requirements are met,then there is little value in having local representatives volunteer their time and insights to work on making our community better in the future. Our Planning Commission believes there are two relatively easy steps the MET COUNCIL could take to shift its relationship from a dogmatic overseer to partner with cities such as ours: First,why not recognize that cities under a certain population and/or limited capacity for growth do not need to address complex growth issues in the same way and format as much larger cities and/or cities that are facing continued rapid growth?For example, Lake Elmo and Hugo face far more complicated growth issues than do we.What makes sense to include in a comprehensive plan for Minneapolis or Saint Paul does not always make sense for a city like Oak Park Heights. The type of tiered system we are suggesting would be more useful for us and, we suspect, for the MET COUNCIL. It would also be more cost effective, allowing limited resources to be put to better use in our planning processes. Second,the MET COUNCIL should have someone from the MET COUNCIL, perhaps the area representative, be the point person for each city's Plan. That person should be responsible to meet with the city's Planning Commission at least once a year to get a feel for what is happening in the city. During comprehensive planning years those meetings should become more frequent. This would enable greater dialogue, understanding and trust between individual local communities and the MET COUNCIL. Most of us presently on our city's Planning Commission have terms that will expire prior to our city's next Plan, but we do hope the MET COUNCIL takes steps to become more of a partner in developing that plan. Thank you for your consideration in this. Sincerely, Timothy Freeman, Chair of Planning Commission,Oak Park Heights Cc: Weekly Notes Francisco Gonzalez,Metropolitan Council Member,District 12 frandsco.gonzalez@metc.state.mn.us Corrin Wendell,Sector Staff Liaison Corrin.Wendell@metc.state.mn.us Page 101 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 102 of 116 ip, -, Oak Park Heights Request for Council Action Meeting Date September, 24,2019 Time Required: 5 Minutes Agenda Item Title: Consider Establishment of NO PARKING ZONE-CSAH 21 - Stagecoach Trail Agenda Placement New Business Originating Department/Re Sion`Eric Johnson.-OW-Administrator Requester's Signature_ /tea Action Requested Diso6sion,Possible Action Backgrounu/Justirication (Please indicate if any previous action has been taken or if other public bodies have advised): Based upon feedback from the adjacent property owners during the public hearing,one of the possible conditions of the approval related to the Minnehaha Truck Facility Conditional Use Permit application would be the provision of a no parking zone on County Highway 21 (Stagecoach Trail). See the attached. The concern is that the speed and curvature of the area creates safety concerns. As this is a county highway,the County would be the required entity to post such a no parking zone. Typically,the County requires such a request to come in the form of a resolution from the city that outlines that no parking area. The attached resolution shows that possible zone and hopefully addresses some of the concerns noted by the Planning Commission and the discussions of the applicant if the Council desires to consider and support it. Page 103 of 116 RESOLUTION RELATING TO PARKING RESTRICTIONS ON COUNTY STATE AID HIGHWAY(CSAH)NO. 21 (STAGECOACH TRAIL)FOR A PORTION OF ITS LENGTH WITHIN THE CITY OF OAK PARK HEIGHTS. WITNESSETH: WHEREAS,the City is concerned about the safety impacts of parking along County Highway No.21;and 9 Y Is WHEREAS, Washington County requires a City resolution prohibiting parking prior to the consideration and/or ` »w installation of any"No Parking"signs;and WHEREAS, the City acknowledges that such parking restrictions will apply to all parked vehicles within the affected zone, regardless of the residency of the vehicle owner or `" Frltlf "(f(f operator. �.t i - NO PARHfN0 ZONE NOW,THEREFORE,IT IS HEREBY RESOLVED: c (RE D DA S HE D A REA 5), That the City of Oak Park Heights shall ban the parking of motor vehicles on the West side of CSAH 21 for a length of 1,200 feet as shown in the attached map,all within the City of Oak Park Heights at all times. BE IT FURTHER RESOLVED: r That the City of Oak Park Heights request that Washington County install signage along CSAH 21 pertaining to this ` µ � r parking restriction and in such area. BE IT FURTHER RESOLVED: t That the City of Oak Park Heights supports ts full enforcement of the proposed parking restrictions by city and/or county law enforcement personnel. WHEREAS,THIS RESOLUTION,was passed this day of ,20_,by the City of Oak Park Heights in Washington County,Minnesota. BY: Mary McComber,Mayor Attest: City Clerk. Page 104 of 116 11 S 4 �- ` it Hyl h �a r '� � 1 �{ � u 't tai " 7- Igor r. � • r X G ai��a,, !a ..• � •, .. ,�„ . . �' a. ��� r VITr PARKING ZONE (REID DASHECAREASI 1 AJ r 1 7 cwoflaok Y:,k IWe= ...� ••,w••.•..ran. 41 - �,: ... x��ss.0»r:.,ivaua�s•�::ewas�ra Page 105 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 106 of 116 Oak Park Heights Request for Council Action Meeting Date September 24, 2019 Agenda Item Title Adopt Resolution Approving 2020 Proposed Budget and Proposed Tax Levies Time Required 5 Minutes Agenda Placement New Business Originating Department/Requestor Finance-Bettyaruso, Finance Director Requester's Signature Action Requested: Adopt Resolution to Approve 2020 General Fund Proposed Budtet and Proposed General Fund Tax Levy. Background/Justification : Attached is the Resolution and a small Powerpoint for possible presentation. A summary of the 2020 Budget and Tax Levy is as follows: 2020 BUDGET 2020 General Fund Budget Expenditures as Proposed is$5,808,520. 2020 General Fund Budgeted Expenditures increased by$2,632 or.05%over 2019. • $ 140,397 or 3.40%is due to an increase in Operations • $ (137,765)or(8.27)% is due to the total decrease in the Transfer of funds for capital projects • $ (0) change in Debt portion of the levy. The 2020 Proposed Budget includes the use of$100,000 of Unassigned Fund Balance towards 2020 expenditures as compared to 2019's budget which utilized $203,666 of fund balance. 2020 General Fund Budget Revenue other than taxes, decreased by$66,650. TAX LEVY The proposed tax levy for the City is$5,263,194 for the General Levy. The Proposed Levy is increased by 172,948 or a 3.4%more than the 2019 levy. Included in the proposed General Fund Levy is the debt service amount of$579,000. A budgeted transfer to the related debt funds is reflected in the expenditures as well. TAX I M PACTS The Tax Rate for 2019 and estimated 2020 is 50.031%and 50.014%respectively. This is a minimal decrease. The average market value increase in residential property for tax year 2020 is 9.8%, Even though the tax rate remained almost the same because of the increase in value and the increase in tax levy, residents will see approximately a 12%increase in their City Taxes_ (Continued) Page 107 of 116 PAGE 2 Meeting Date: September 24, 2019 Agenda Item Title: Adopt Resolution Approving 2020 Proposed Budget and Proposed Tax Im Recommendation: Adjustments can be made to this budget between now and adoption of our final budget in December, however the tax levy cannot be increased to a greater amount than what is proposed and adopted at this meeting. The proposed 2020 General Fund Levy must be adopted, approved and certified to Washington County by September 30, 2019. The final budget and levy must be submitted to the County by December 28, 2019. 1 recommend approval and adoption of the Resolution for the proposed 2020 General Fund Budget and the 2020 General Fund Tax Levy. Page 108 of 116 RESOLUTION #19-09- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2020 PROPOSED BUDGET AND GENERAL FUND LEVIES WHEREAS, the City Staff has prepared and submitted to the City Council it' s proposed budget for calendar year 2020; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights as follows: 1. That the 2020 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $5, 803, 520 . 2 . That the City Administrator is hereby authorized and directed to certify to Washington County the Proposed General Fund levy for the City of Oak Park Heights for the calendar year 2020 in the amount of $5, 263, 194 . Passed by the City Council for the City of Oak Park Heights this 24th day of September 2019 . Mary McComber, Mayor Attest: Eric Johnson Administrator Page 109 of 116 9/19/2019 020 PROPOSED BUDGET AND RELATED TAX LEVY SEPTEMBER 24,2019 GENERAL FUND BUDGET INCREASE(DECREASE) PROPOSED 2020 FROM THE 2019 BUDGET BUDGET % TOTAL BUDGET %CHANGE OPERATIONS PERSONNELCOSTS $2,470,675 42.57% $ 23,213 0.95% CONTRACTUAL $1,456,250 25.09% $ 80,850 5.88% SUPPLIES $ 117,170 2.02% $ 3,574 3.15% INSURANCE $ 147,305 2.54% $ 3,200 2.22% OTHER $ 43,485 0.75% $ 4,560 11.71% CONTINGENCY $ 40,000 0.69% $ 25,000 166.67% TOTALOPERATIONS $4,274,885 73.66% $ 140,397 3.40% TRANSFERS DEBT $ 579,000 9.98% $ - 0.00% CAPITAL IMPROVEMENTS $ 949,635 16.36% $ 137,765 -12.67% TOTALTRANSFERS $1,528,635 26.34% $ 137,765 -8.27% TOTAL BUDGET $5.903.520 100.00% 5 2.632 0.05% Page 110 of 116 1 9/19/2019 GENERAL FUND REVENUE SUMMARY REQUESTED 2019 2020 INCREASE BUDGET BUDGET (DECREASE) %CHANGE TAXES-PROPERTY $ 5,090,246 $5,263,194 $ 172,948 3.40% TAXES-OTHER $ 72,500 $ 67,500 $ (5,000) -6.90% BUSINESS LICENSE-PERMITS $ 41,280 $ 44,826 $ 3,546 8.59% NONBUSINESS LICENSES-PERMITS $ 89,000 $ 45,000 $ (44,000) -49.44% FINES&FORFEITS $ 40,000 $ 45,000 $ 5,000 12.50941. INTERGOVERNMENTAL REVENUES $ 103,396 5 98.500 $ (4,896) -4.74911. CHARGES FOR SERVICES $ 54,000 $ 34,000 $ (20,000) -37.04% MISC REVENUES $ 106,800 $ 105,500 $ (1,300) -1.22% FUND BALANCE USED $ 203,666 $ 100,000 $ (103,666) -50.90% TOTAL GENERAL FUND REVENUE S 5,800,888 SS,803,520 S 2,632 0.05% 0 PROPOSED TAX LEVY Total $Inc(Dec) %Inc(Dec) Property from from Tax Lew Prior Year PiorYear Year • $ 5,191,593 $ 146,537 2.90% $ 5,193,661 $ 2,068 0.04% $ 5,328,501 $ 134,840 2.60% $ 5,090,246 $ (238,255} -4.47% $ 5,263,194 $ 172,948 3.40% Page 111 of 116 2 9/19/2019 ESTIMATED CITY TAXES HOMEVALUE 2019ACTUAL 2020ACTUAL INCREASE Value Budget %CHANGE $ 246,400 $ 1,037.42 $ 11156.95 $ 119.53 79.52 40.01 11.52% $ 100,000 $ 310.49 $ 359.05 $ 48.56 36.15 12.41 15.64% $ 150,000 $ 558.61 $ 631.40 $ 72.79 50.95 21.84 13.03% $ 250,000 $ 1,055.41 $ 1,176.70 $ 121.29 80.59 40.70 11.49% $ 400,000 $ 1,800.34 $ 1,994.35 $ 194.01 125.04 68.97 10.78% TAX IMPACTS RESIDENTIAL . ■ ■ ■ . f a Page 112 of 116 3 �7 S Oak Park Heights Request for Council Action Meeting Date September 24, 2019 Agenda Item Title Schedule Public Comment/Hearing meeting for Truth in Taxation Time Required 1 Minutes Agenda Placement New Business Originating Department/Requestor Finance-Betty Caruso, Finance Director Requester's Signature " c Action Requested: Set date and time for public comment/hearing for Truth in Taxation- December 10, 2019 at 6:00p.m at City Hall, 14168 Oak Park Blvd N. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). All counties,school districts,cities over 500 population,and metropolitan special taxing districts are required to hold a single meeting in which the public is allowed to speak and the budget and levy is discussed. This meeting may be a part of a regularly scheduled meeting. The hearing must be between November 25 and December 28 and be held after 6:00 PM. If a regular meeting is not scheduled then it will be necessary to schedule a special meeting for this purpose. The meeting date does not need to be coordinated with the home county auditor to avoid conflicting with meetings occurring in overlapping taxing authorities. At the meeting in which the proposed levy is adopted,the City is required to announce the meeting time and location of the subsequent meeting at which the budget and levy will be discussed and at which the public will be allowed to speak. The time and place of the meeting must also be included in the summary of proceedings published in the official newspaper. The City must also provide the county auditor with the time and place of the public hearing at the same time the proposed levy is certified. The budget and levy must be discussed and the final levy determined at the TNT hearing. Council may adopt a final budget at this meeting, but is not required to do so. There is one regularly scheduled meeting between November 25 and December 28. The regularly scheduled meeting date is December 10.At prior meetings we have tentatively set the TNT hearing for December 10, 2019. At the TNT hearing we should adopt the budget and levy. if you wish to have a separate date for the adoption of the budget and levy,you will need to schedule a special hearing date for the TNT hearing or a subsequent adoption hearing. Recommendation: Formally set the TNT Public Hearing for December 10, 2019, 6:00 p.m. at the City Hall location. Page 113 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 114 of 116 Oak Park Heights Request for Council Action Meeting Date September 24', 2019 Time Required: 5 Minutes Agenda Item Title: Approve Funds for House Bonding To Agenda Placement New Business ,`' Originating Department/Requestor hnso -Administrator Requester's Signature ' Action Requested Discussion;Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): On September 18th Mayor McComber and I met with the City's legislative consultant Ann Lenczewski to discuss the upcoming"House Bonding Tour";this is where various House Members go to see the variety on projects being requested in the upcoming budget.We(hope)anticipate that such tour will stop at the City's Norrell and 60th St.project sometime in mid-November. We understand that the expectation is to have some form of a substantial event or gathering while that takes place so the various Members can see that such Project is of importance.This gathering would include refreshments potentially a tent,photographers,etc. To set up or to engage in that event,it would be roughly$1,500.00 out of pocket and staff would ask for permission to expand up to that amount from the Council Contingency fund which at this time has a fun balance of$4,188.30. 2019 CONTINGENCY BUDGET ADOPTED BUDGET $15,000.00 EXPENDITURES LOCKRIDGEGINDAL $ 8,000.00 60THANNIVERSARY $ 2,811.70 TOTAL 9/30/19 $10,811.70 BALANCE AVAILABLE $ 4,188.30 Page 115 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 116 of 116