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HomeMy WebLinkAbout07-28-2020 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, JULY 28, 2020 CITY COUNCIL MEETING AGENDA 7:15 PM, or upon conclusion of preceding worksession, whichever is sooner CITY HALL COUNCIL CHAMBERS 7:15 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:15 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) 7:20 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). 7:20 p.m. IV. Consent Agenda _ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — June 23, 2020 (pg. 7) C. Approve Resolution Authorizing the Receipt of a Donation from Carrie Ogaard to be Used for the City Parks (pg. 13) D. Accept Donation for Memorial Bench at Autumn Hills Park (pg. 15) E. Approve Construction License and Agreement — MET Council (pg. 17) 7:20 p.m. V. Public Hearings A. Vacation of Public Utility and Roadway Easement (pg. 23) 7:25 p.m. VI. Old Business 7:25 p.m. VII. New Business A. Conditional Use Permit — 15242 64th Street — Front Yard Setback Reduction (pg. 37) B. Palmer Station — Amended PUD — Reduce Front Yard Setback Lots 7,8 & 9 (pg. 63) C. Cover Park — Volunteer Event (pg. 89) D. Police Officer — Hiring Process — Appoint Two Council Members (pg. 93) E. Consider Proposed Amendments to Ordinance 1409 Relating to Sales, Position and Use of Tobacco by Minors and Repeal Ordinance 1404 (pg. 95) F. COVID-19 — CFR Spending Plan (pg. 109) Please mute or silence any cell phones, computers or other devices during meeting — Thank You. Page 1 of 114 7:55 p.m. VIII. Other Council Items or Announcements 7:55 p.m. X. Adjournment Agenda July 28, 2020 Page 2 Page 2 of 114 p t. Oak Park Heights Request for Council Action Meeting Date July 28, 2020 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature,,_�.��µ= 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 114 City Of Oak Park Heights 14168 Oak Park Blvd. N • Oak Park Heights, PIAN 55082 • Phone (651) 439.1439 • Fax (651) 439-0574 July 17, 2020 Thomas Nguyen 5935 O'Dell Avenue N Oak Park Heights, MN 55082 Dear Mr. Nguyen: 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, July 16, 2020, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski City Clerk TREE CITY U.S.A. Page 4 of 114 41 City Of Oak Park Heights 14168 Oak Park Blvd. N . Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 July 17, 2020 Anthony Fee 5892 Oldfield Ave. N. Oak Park Heights, MN 55082 Dear Mr. Fee: 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, July 16, 2020, 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. Cong tulations! Jennifer Pinsk! City Clerk TREE CITY U.S.A. Page 5 of 114 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 114 Oak Park Heights Request for Council Action Meeting Date July 28, 2020 Agenda Item Approve City Council Minutes — June 23, 2020 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Requester's Signature Action Requested Adzninistration/Jennifer Pinski Background/Justifl cation (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 7 of 114 CITY OF OAK PARK HEIGHTS TUESDAY, JUNE 23, 2020 CITY COUNCIL MEETING MINUTES I. Call to Order/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren and Runk. Staff present:. City Administrator Johnson, City Clerk Pinski, City Attorney Kevin Sandstrom, City Engineer Mann, and City Planner Richards. Absent: None. Mayor McComber added "Approve City Council Support for the National Economic Transition Platform" to the Consent Agenda as Item J. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Roll call vote taken. Carried 5-0. If. Council/Staff Reports: A. M ayor McComber: She reported she attended two workshops on the river with the DNR where she received a lot of good information on the transition with the King Plant; she attended the Public Utility Commission meeting, the NLC meeting, a Minnesota Association of Small Cities meeting, two LMC Board of Directors meetings, and the Chamber coffee meeting with Bayport, Stillwater and City Administrator Johnson. She reported she would be attending the Coalition of Utility Cities meeting, the LMC annual meeting, the NLC small cities meeting, the MWCG annual meeting, and the July Minnesota Association of Small Cities meeting. B. Councilmember Dougherty: He reported the Cable Commission meeting was cancelled, he was attending the Business Recovery Meetings with the Chamber weekly. C. Councilmember Johnson: She reported the Parks and Trails Commission meeting in June was cancelled. D. Councilmember Liliegren: He reported the Planning Commission meeting was cancelled. E. Councilmember Runk: He reported the MSCWMO met and discussed Central Automotive. F. Staff. City Clerk Pinski reported that Sandra Lukas of 5632 Osgood Avenue North and Scott and Kathy Seaborg of 5562 Novak Avenue North were chosen as the recycling award winners. Pinski also reported that the Clean Up Day was rescheduled from May 3 to June 27 with special rules due to the pandemic. Page 8 of 114 City Council Meeting Minutes June 23, 2020 Page 2 of 4 HI. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — May 26, 2020 C. Approve Special City Council Minutes — June 3, 2020 D. Approve Resolution Thanking Jim Kremer for His Service on the Planning Commission E. Approve Resolution Thanking Jennifer Giovinazzo for Her Service on the Planning Commission F. Authorize Expenditure Up to $35,000 for Traffic Control Line Painting G. Adopt 2020-2024 Anticipated Capital Improvement Plan H. Approve and Appoint Election Judges for the 2020 Primary Election 1. Approve Resolution Affirming City's Position on Use of Ball Fields for Permitted Organized Youth Sports J. Approve City Council Support for the National Economic Transition Platform Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: None VI1. New Business: A. Consider Request from Chamber of Commerce "Rally for Your Chamber": Councilmember Dougherty, seconded by Councilmember Johnson, moved to set an EDA meeting for 15 minutes before the next City Council meeting with City Council support to donate $1,000 to the Chamber. Carried 5-0. B. Consider Resolution Relating to Washington County — South Frontage Road Concept: Councilmember Runk provided a summary on a project to build a south frontage road and the decision by Washington County to move forward with a concept without first having a public engagement process. He said a draft City Council Resolution was in the Council packet that did not oppose the road, only that the City was requesting the County go through a public process. Mayor McComber suggested the City Council set a joint worksession with County officials. Runk said the City Council should not meet with the County until after staff had reviewed the concept for the road. Liljegren suggested the City Council hold an internal worksession first. City Engineer Mann reported he would have more information in approximately two weeks. Councilmember Johnson suggested a Council worksession prior to the July City Council meeting. Page 9 of 114 City Council Meeting Minutes June 23, 2020 Page 3 of 4 McComber did not agree with the portion of the Resolution that the County withdraw from the pursuit of funding with outside entities. Councilmember Runk, seconded by Councilmember Dougherty, moved to adopt the Resolution. Roll call vote taken. Carried 4-1, McComber opposed. C. 2020 Mill and Overlay/Oakgreen Rehabilitation Project —(quantity Overrun: City Engineer Mann reported that one of the bid items for the project was short: it had 500 linear feet of curbing in the bid, but there was a need for 1,600 linear feet. He said that increased the bid amount by approximately $62,000. Councilmember Runk, seconded by Councilmember Johnson, moved to authorize the change order. Carried 5-0. D. Authorize Finance Director to Prepare Preliminary 2021 Budaet and Adoption of the Proposed Budget Schedule: Finance Director Caruso reviewed a proposed budget meeting schedule. Mayor McComber suggested setting the budget worksession with the department heads on a day other than the City Council meeting date. Council changed that worksession meeting to July 29 at 4:30 p.m. Councilmember Liljegren, seconded by Councilmember Johnson, moved to adopt the schedule with the one meeting date change and direct Council to send budget requests to the Finance Director. Carried 5-0. E. Reconsider Atmointment to Xcel Enerav Advisory Panel — Add Additioiial Person: Councilmember Johnson suggested the City Council consider appointing one additional person, Kate Hanson, who had previous board experience, to the advisory panel. Councilmember Dougherty suggested appointing all seven applicants to the panel. Mayor McComber suggested keeping the panel as it was but appoint Kate Hanson as an alternate. Councilmember Johnson, seconded by Councilmember Runk, moved to appoint Kate Hanson to the panel. Carried 3-2, Dougherty and Liljegren opposed. Councilmember Dougherty, seconded by Councilmember Runk, moved to appoint all seven applicants to the panel. Carried 3-2, McComber and Liljegren opposed. F. Adopt COVID-19 Preparedness Plan: City Administrator Johnson reported that cities were required to adopt a plan under the Governor's Page 10 of 114 City Council Meeting Minutes June 23, 2020 Page 4 of 4 Orders. Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Resolution for the plan. Roll call vote taken. Carried 5-0. G. Consider _Appointments to Planning Commission: Councilmember Dougherty, seconded by Councilmcmber Liljegren, moved to approve the recommendations of Tim Freeman and Blake Van Denburgh for appointments and terms through May 31, 2023. Carried 5-0. VIII. Other- Council Items or Announcements: None IX. Adjourn: Councilmember Liljegren, seconded by Councilmember Runk, moved to adjourn at 6:40 p.m. Roll call vote taken. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 11 of 114 THIS PAGE INTENTIONALLY LEFT BLANK Page 12 of 114 I S - PT -4 Oak Park Heights Request for Council Action Meeting Date July 28, 2020 Agenda Item Approve Resolution Authorizing the Receipt of a Donation from Carrie Ogaard to be Used for the City Parks Time Req. 0 Agenda Placement Consent Originating Department/Requestor Requester's Signature Action Requested Approve inistration/Jennifer Pinski Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached Resolution. Page 13 of 114 RESOLUTION 20-07-31. CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM CARRIE OGAARD TO BE USED FOR THE CITY PARKS WHEREAS, Carrie Ogaard recently reserved the shelter at Autumn Hills Park and expressed appreciation for the use of the park. WHEREAS, Carrie Ogaard wishes to donate the refundable shelter deposit of One Hundred Dollars ($100.00) to the City of Oak Park Heights to be used for the City parks; and WHEREAS, the City of Oak Park Heights appreciates the generous donation and support of Carrie Ogaard; and WHEREAS, the donation shall be used for the City parks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the City shall accept the donation from Carrie Ogaard and that such donation shall be used by the City of Oak Park Heights for the City parks. Passed by the City Council for the City of Oak Park Heights this 28'h day of July, 2020. Mary McComber, Mayor Attest: Eric Johnson, City Administrator Page 14 of 114 Hak mark Heights Request for Council Action Meeting Date: Tuesday. July 28th 2020 Agenda Item: Accept Donation for Memorial Bench at Autumn Hills Park Time Req. 1 Minute Agenda Placement: Consent Originating Department/Requestor: Public Works, Andy Kegley, Public Works Director, Lisa Danielson, Public Works Operator � f Requester's Signature Action Requested: Accept Donation for Memorial Be First State Bank and Trust in Bayport Please See Attached Memo. at Autumn Hills Park -From Page 15 of 114 14168 Oak Park Blvd N. • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax 439-0574 To: Andy Kegley, Public Works Director Cc: Eric Johnson, City Administrator, Mayor and Council From: Lisa Danielson, Arborist / Public Works Operator �-k— Date: 07/21/2020 Re: Accept Donation Bench for Autumn Hills Park The City was contacted by Peter Clements, Chief Executive Officer at the First State Bank and Trust in Bayport requesting to donate a memorial bench at Autumn Hills Park. The Bank will cover the cost for the bench, plaque, concrete, and supplies but needs the City to coordinate the project. The bench is in memory of their longtime employee Kristy Maw. Kristy lived in Oak Park Heights, grew up in Oak Park Heights and her parents are residents of Oak Park Heights. The family's preference for the bench is at Autumn Hills Park along the trail in the park or near the playground. The concrete slab for the bench has been poured on the west side of the playground, the plaque has been engraved and the bench has been received. The total of the donation is $1,456.72 recommend the City accept the donation of $1,456.72 from the First State Bank and Trust in Bayport for the memorial bench. TREE CITY U.S.A. Page 16 of 114 Oak Park Heights Request for Council Action Meeting Date July 281h, 2020 Time Required: 1 Minute Agenda Item Title: Approved Construction License and Agreement — MET COUNCIL. Agenda Placement Consent Agenda Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature Action Requested _ Approve Constriction License and Agreement — MET COUNCIL. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The MET COUNCIL will be making some improvement/repairs to its SANITARY SEWER INTERCEPTOR located near STH 95, just east of the Xcel Energy Substation — see map on next page. The City does have an overlapping sanitary sewer main and which is situated in an easement. The MET COUNCIL must temporarily impact the City's line, including by-pass pumping to perform their project. In order to accommodate this, the City has prepared the attached Agreement (copy enclosed) that would allow the MET COUNCIL to access City property rights and perform their work. There is no fee being attributed to the MET COUNCIL by the City however all costs and project responsibilities shall be the MET COUNCIL'S. Further, the City will incur ENGINEERING costs to provide review, inspection and project close out to ensure the City's sanitary line is reinstalled correctly. The Agreement requires the MET COUNCIL to provide a $15,000 cash security to cover these costs. Once these are reimbursed to the City, the City would release this amount back to the MET COUNCIL. Requested Action: Approve Construction License and Agreement — MET COUNCIL. Page 17 of 114 u] T I ui P _ " t - - - - - - - - - - - $e _„�.. __._ FI - - . - ” - - — — . - - - - - - '- - I lu I iI Pdl$IIJ.9$— k 251' yn� YI cq f� 3[ 2`� a r] �ry ''� y, � �. m LI I•i � li I � � �, y i III f� LI {i H I d. ' NiLl 5 77, nzi I 4 - d�, e \ l Page 18 of 114 CONSTRUCTION LICENSE & AGREEMENT The CITY of Oak Park Heights, the "CITY" is providing temporary access and construction permission to the Metropolitan Council, the "COUNCIL", regarding the construction, inspection and use of the existing CITY easement area within referenced project construction limits for the purposes of implementing repairs and improvements to the COUNCIL'S interceptor lines which does also cross and impacts a CITY Sanitary Sewer facility. This License and Agreement will be affixed to a required Right of Way Permit and which is necessary to be first applied for by the COUNCIL. All CITY right of way terms and conditions additionally apply. Each of the items is outlined below: The Project Scope: During routine CCTV inspection of Interceptor 9101, it was determined that there is significant pipe sagging between manholes MH G4 and MH G5 in the existing 21 -inch PVC interceptor. The sags have generated negative slopes causing retention of wastewater in the existing pipe. This section of interceptor pipe is to be replaced via open -cut construction due to several crossing conflicts. The sag occurs in the portion of pipe crossing underneath the existing 9 -inch clay sanitary sewer belonging to the CITY of Oak Park Heights. Due to the depth and location of the existing CITY sanitary pipe, the COUNCIL recommends replacing the 9 -inch clay pipe with 10 -inch PVC pipe SDR 35 due to excavation impacts during the course of replacing the COUNCIL'S interceptor. This work will include connecting to the existing clay pipe with a concrete collar and a watertight pipe connection at the existing CITY manhole. Temporary conveyance of the local sanitary sewer will be provided by the COUNCIL at its sole expense during construction to maintain local flow without interruption during the construction process. All anticipated work elements will be undertaken by the COUNCIL and/or in conjunction with its approved contractors at its sole expense. Preliminary Project Plans are shown in Exhibit A; final plans are subject to final CITY approval prior to any accessing of CITY lands. Construction Limits: The COUNCIL'S contractors will be limited to the area shown on the drawings affixed here in Exhibit A. The COUNCIL'S contractor may store equipment, materials and perform all work within this area contingent upon that it in no way impacts the CITY systems. The COUNCIL and its contractors will maintain the trail access to the east of the construction site at 56th Street N. The trail and all surrounding area will be restored, in coordination with Washington County, to original or better conditions by the end of the Project but not later than October 31st, 2021 at no cost to the CITY. Easement access: The COUNCIL'S contractor is permitted to access the CITY easement, shown in Exhibit A for the sole purpose of removing and fully replacing the CITY sanitary sewer that crosses the COUNCIL'S interceptor. Access will also necessary for temporary conveyance of CITY sewage flow and general access to the construction site to perform said work. All short and long-term impacts to CITY infrastructure shall be fully restored and re-established by the COUNCIL at the sole expense of the COUNCIL and shall be completed to the full and complete satisfaction of the CITY Engineer. This access permission shall expire on October 31st, 2021 Construction Inspection: The COUNCIL hall work in coordination with the CITY's inspectors from Stantec (the CITY'S consulting Engineer) and/or CITY Staff, for the purpose of inspecting the referenced project, including removal and installation of the affected CITY sanitary sewer pipe, any bypassing, construction, related pipe testing and soil compaction monitoring or any other items required by the CITY Engineer to deem the pipe operations and installations as acceptable. Restoration: Ground cover will be restored via seeding upon completion of pipe installation. Trees that are planned to be removed as part of the project are not intended to be replaced. Site conditions including tree removals are fully to be fully denoted in Exhibit A. All restorations shall be completed by October 31st, 2021. Record drawings: The COUNCIL will prepare and provide final record drawings of the Project, which will include the replaced CITY sanitary sewer, also including televised records, to the CITY upon completion for its records and shall be supplied to the CITY in electronic form and format as required by the CITY Engineer not later than ninety (90) calendar days from their installation. Costs and Securities: The CITY's fee to the COUNCIL to access the CITY's easement shall be $0.00, however the COUNCIL shall provide the CITY a cash security of $15,000 which is estimated to be 125% of the costs associated with the repair and replacement of the CITY's sanitary line, estimated engineering and directly related soft costs (such as, but not limited to: GIS data entry, document review, site inspections, re -inspections, testing) necessary for review, inspection and closeout of the Project and incorporation of Record Plans. Upon the invoicing of the COUNCIL by the CITY and reimbursement of all CITY expenses by the COUNCIL, which payment shall not be unreasonably withheld, conditioned or delayed, the CITY will then refund such Page 19 of 114 Security which similarly will not be unreasonably conditioned, withheld or delayed by the CITY. The cash security shall be paid to the CITY prior to the CITY signing this Agreement. The CITY will have no cost obligation to COUNCIL or to any other entity for the completion of its Project or any other element of this Project or the restoration of CITY or any other facilities. Waiver & Claims: Subject to the limitations of Minn. Stat. § 466.04 CITY agrees that it will defend, indemnify and hold harmless COUNCIL against any and all liability, loss, damages, costs and expenses which the COUNCIL may hereafter sustain, incur or be required to pay by reason of any negligent, reckless or willful act by CITY, its agents, officers or employees during the performance of this agreement. Subject to the limitations of Minn. Stat. § 466.04 the COUNCIL agrees that it will defend, indemnify and hold harmless CITY against any and all liability, loss, damages, costs and expenses which CITY may hereafter sustain, incur or be required to pay by reason of any negligent, reckless or willful act the COUNCIL, its agents, officers, contractors or employees during the performance of this agreement. Workers Compensation: It is hereby understood and agreed that any and all employees of the COUNCIL and all other persons employed by the the COUNCIL 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 CITY 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 COUNCIL 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 CITY. Likewise, it is hereby understood and agreed that any and all employees of CITY and all other persons employed by CITY 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 the COUNCIL 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 CITY 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 the COUNCIL. Public Data Both the COUNCIL and the CITY shall retain necessary records as respectively required by applicable local, state and/or federal laws. METROPOLITAN COUNCIL (COUNCIL) A public corporation and political subdivision of the State of Minnesota DATE By: Jeannine Clancy, Assistant General Manager, Environmental Services CITY OF OAK PARK HEIGHTS A municipal corporation of the State of Minnesota TE By: Eric A. Johnson, CITY Administrator, CITY of Oak Park Heights Page 20 of 114 EXHIBIT A— Approved Plan Set — TBD. (Preliminary are enclosed for reference; final plans are required for review and approval by the CITY prior to any impacts to City land interests) Page 21 of 114 THIS PAGE INTENTIONALLY LEFT BLANK Page 22 of 114 Oak Park Heights Request for Council Action Meeting Date July 28th, 2020 Time Required: 5 Minutes Agenda Item Title: Public Hearing — Vacation of Public Utility and Roadway Easement. 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): Central Automotive is seeking that the City facilitate the reduction of the Public Utility and Roadway Easement located to south of their planned building. The attached map shows the proposed 10' reduction from the 30' easement, leaving 20'. The applicant seeks this reduction so as to increase the north side setback which will better facilitate parking and drive aisles. The history of this easement (539834) is a bit vague; as best staff can determine stemmed from perhaps past desire to install a roadway that would serve the formerly named Greenbriar Apartments and or East Oaks. Beyond, this; the City has no utilities that run east -west in the area. The City Council did consider this briefly in its initial review of the Central Automotive submission from 2019, but required that they complete the platting and vacation process separately. See Enclosed Resolution 19-05-25. Recommendation: Based on the 2019 review, the City Council did rind in favor of the reduction and the subsequent site plan and this action follows that; unless a significant issue is discovered at the public hearing that relates to the easement itself, the City Staff does offer that the reduction be granted. Enclosures: • Proposed Plat showing easements and area. • Public Hearing Notice and Affidavit • City Utility Mapping. • Easement 539834 • City Resolution 19-05-25 Page 23 of 114 � O co.+J U U � M EJ L = O Y Y � a o a K a as o a o o a Q a V � o � o � 0 o U � - O Z O N LU d O o kl o ,- znnj O Q . H N c 0 �Q ODa_T U C U c~ m U O o O s w \ d H Q U Z H S O �i (. Fieri O O 0£ - N �j OL 3.8£,bZ.IS 2905 O L8.6 Sry2 F_ m A z — Z M 00 m Bt"Q£ i,— M„60,£Z.IN .OslS C 8� N m 3 W co ! `i Q sso2 D ££. OD J w Z 3 av�i o m z o 0 z o W ���' ifl a0 Pi z Q� r � LSZOZ '- bS'L 3„6 L,6S.OS w V 1oiino Jo 3Ni, 1S3M-' ry ILbOZ F„ U c`�Fl;l pc��M O CJ opo � o `off N 11 IJ o CJ r _1 0£ '1 �n _ o 30 N ly, W a O O o zo OO O � Z Li 30r 30 Z U co.+J U M Z \ � Z w O ao O� Qom N J w Q m Wo- L t „ -o w U Q a 3 ~ Z w r o F o� Z - Q Q o z W - Q W fW _+ Q — O Of ra Q QU N ♦A znnj O Q . H N c 0 �Q ODa_T U C U c~ m U O o O s w \ d H Q U Z H S O �i (. Fieri O O 0£ - N �j OL 3.8£,bZ.IS 2905 O L8.6 Sry2 F_ m A z — Z M 00 m Bt"Q£ i,— M„60,£Z.IN .OslS C 8� N m 3 W co ! `i Q sso2 D ££. OD J w Z 3 av�i o m z o 0 z o W ���' ifl a0 Pi z Q� r � LSZOZ '- bS'L 3„6 L,6S.OS w V 1oiino Jo 3Ni, 1S3M-' ry ILbOZ F„ U c`�Fl;l pc��M O CJ opo � o `off N 11 IJ o CJ r _1 0£ '1 �n _ o 30 N ly, W a O O o zo OO O � Z Li 30r 30 Z U co.+J M Z \ w O ao O� Qom J Wo- `o -o U r o F o� cc pOz Q Q O to W - fW _+ Q d 0 NZ NQ QU N C - O w mU y� oz �a d Y D yN U zz W c zo oQ _N U m z o " N h a w w znnj O Q . H N c 0 �Q ODa_T U C U c~ m U O o O s w \ d H Q U Z H S O �i (. Fieri O O 0£ - N �j OL 3.8£,bZ.IS 2905 O L8.6 Sry2 F_ m A z — Z M 00 m Bt"Q£ i,— M„60,£Z.IN .OslS C 8� N m 3 W co ! `i Q sso2 D ££. OD J w Z 3 av�i o m z o 0 z o W ���' ifl a0 Pi z Q� r � LSZOZ '- bS'L 3„6 L,6S.OS w V 1oiino Jo 3Ni, 1S3M-' ry ILbOZ F„ U c`�Fl;l pc��M O CJ opo � o `off N 11 IJ o CJ r _1 0£ '1 �n _ o 30 N ly, W a O O o zo OO O � Z Li 30r 30 Z U /A NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF PUBLIC UTILITY AND ROADWAY EASEMENT CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA On July 28th 2020, the City Council will hold public hearing pursuant to Minn. Stat. § 462.358, subd. 7 and § 412.851 regarding the vacation of a Public Utility and Roadway Easement controlled by the City of Oak Park Heights; The City seeks to determine if the vacation of such easement is in the interest of the public and/or if the Easement is in conflict with the approved Oak Park heights Auto Plaza 2nd Addition. Description of Easement to Be Vacated by the City: The northerly 10 feet of the 30 foot Utility and Roadway easements as dedicated in Document Number 539834. For Platting Purposes (area to be vacated): The north 10 feet of the south 30 feet of Lot 1, Blockl, Oak Park Heights Auto Plaza 2"d Addition, according to the recorded plat thereof, Washington County The public hearing shall be held before the City Council on Tuesday, July 28', 2020 at 6:00 o'clock p.m. at the City Hall, 14168 Oak Park Blvd. N., Oak Park Heights, Minnesota 55082. All written and oral comments will be considered. BY ORDER OF THE CITY COUNCIL: Eric Johnson, City Administrator Page 25 of 114 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 07/03/2020 and the last insertion being on 0710312020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By:bl.�r� Designated Agent Subscribed and sworn to or affirmed before me on 07/03/2020 by Diane Erickson. Notary Public °s ""'r DARLENE MARIE MACPHERSON Notary Public Minnesota z R h1y Camll.issilxl Expires January 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch Ad ID 1057464 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING TO CONSIDER VACATION OF PUBLIC UTILITY AND ROADWAY EASEMENT On July 28th 2020, the City Council will hold public hearing pursuant to Minn. Stat. § 462.358, subd. 7 and § 412.851 regarding the partial vacation of a 30 -foot wide Public Utility and Roadway Easement controlled by the City of Oak Park Heights; located along the southerly 30 feet of the parcel of land legally described as follows: Lot 1, Blockl, Oak Park Heights Auto Plaza 2nd Addition, according to the recorded plat thereof, Washington County. The City seeks to determine if the partial vacation of 10 feet of its 30 - foot wide easement is in the interest of the public and/or if the Easement is in conflict with the approved Oak Park heights Auto Plaza 2nd. Addition. Description of Easement to Be Vacated by the City: The northerly 10 feet of the 30 foot Utility and Roadway easements as dedicated in Document Number 539834. For Platting Purposes (area to be vacated): The north 10 feet of the south 30 feet of Lot 1, Blockl , Oak Park Heights Auto Plaza 2nd Addition,according to the recorded plat thereof, Washing- ton County The public hearing shall be held before the City Council on Tuesday, July 28th, 2020 at 6:00 p.m. at the City Hall, 14168 Oak Park Blvd. N., Oak Park Heights, Minnesota 55082, All written and oral comments will be considered. BY ORDER OF THE CITY COUNCIL: Eric Johnson, City Administrator -Published in the Stillwater Gazette July 3, 2020 1057464 Page 26 of 114 Form No. 28-M—QUITCLAIM DEED %tinntwts Uniform Come Individual (s) tb Corporation w partnersh;p No delinquent taxes and transfer entered; Certificate of Real Estate Value ( «-) filed ( ) not required Certificate oR l Estate Val N u 0._ ���rG�_,' � County Auditor �� STATE DEED TAX DUE HERFON: $ 91. i U Date: t r1 , 19 86 �/,1 Wanks (t914M:Ctt)IrT hA,f,.Dr. sCo. Lpack;'s touNiy r, 4A$ri:eIGTON CGUNly. HN! I .tr:ri'.E0rt_Er> ! MAY 21 130 Ply 1$7 DOC. Jo OAT __3 � A!iG CO N E�OR;�tR �� t}EPUTYi (reserved for recording data) FOltVAF.UABLECONSlDERATION, Phyllis K. williamsir__a single person, _ ------ — --- — -- _-- — — -- , Grantor (S), (marnal status) hereby convey (s) and quitclaim (s) to _Ol�ood Partners_,_Inc. ------ -- — -- Grantee, a corporation _ under the laws of ---Minnesota real property in Washingtoc) __ __ County, Minnesota, described as follows: See reverse side for legal description. (if more space is netded, contsnue on back) together with all hereditaments and appurtenances belonging tth`,eta. Phyl)tIs K. Williams :'+fi ��. (}t•tc! 'frt� �?..un)r E [cn, STATE OF MINNESOTA ss. COUNTY OF ^_WASHINGTON The foregoing instrument was acknowledged before me this_ %7 day of by_._j,by_U.i.s__,i. jjjAiams, a silo person, { N0TARJAL STAa1F OR SEAL (OR OTHER TJTLE OR RANK) t i nM1Nv\4Yti\hLVNMMFhM'LW+1MY.5M1• i"" . SUOYRHzGit,?"ESi,tl i •!.':`r`,E$r}T, ! ��:�)S ►{rs�:i�:I ce:;�Tr . E xvtiiM1Y\\'+r+�^.1'V1\+tv:,'.ti'lf.t�^.w1t✓�.•rx ;THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Lyle ,3. Eckberg ECKBERG, LAMMERS, BRIGGS, t WOLFF &. VIERLING f Attorneys at Law. # 1835 Northwestern Avenue !' P.; O. Box C Stillwater, MN 55082 , Grantor (s). Tay'Stittments for the tesl property described in this Instrument should by tent o anrlude name end s dr" Grentee)a OSVCOO C�crrvfZ rno �. //�/� •� Is�N SScfGr� APPROVED FOR TRANSFER BY THE CITY OF OAK PARK HEIGHTS. LaVonne t4ilsori Administrator/Ti'ea§tirer. r • rsy; 4 1-7167 5 -'71,-17 Page 28 of 114 Legal description: 5J9831 All that part of the North 40 rods of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North, Range 20 %lest, Washington County, Minnesota, described as follows: Commencing at the northwest corner of said Northeast Quarter of the Northeast Quarter, thence North 89 degrees 13 ninutes 19 seconds East, assumed bearing, along the northerly line thereof, 822.43 feet; thence South 02 degrees 12 minutes 15 seconds East 384.90 feet; thence South 89 degrees 13 minutes 19 seconds west 337.95 feet to a point hereinafter referred to as "Point A"; thence South 38 degrees 31 minutes 41 seconds East 63.69 feet to a point hereinafter referred to as "Point B"; thence South 02 degrees 25 minutes 41 seconds East along a line hereinafter referred to as "Line A", 224.95 feet, more or less, to the southerly line of said North 40 rods and the point of beginning of the parcel being described; thence North 02 degrees 25 minutes 41 seconds West along said "Line A", 224.95 feet, more or less, to the before described "Point 1i"; thence North 38 degrees 31 minutes 41 seconds West 63.69 feet to the before described "Point A"; thence South 89 degrees 40 minutes 50 seconds West 51.34 feet; thence North 23 degrees 18 minutes 08 seconds west 133.92 feet; thence North 02 degrees 13 minutes 41 seconds West 9.87 feet; thence South 89 degrees 10 minutes 10 seconds Ilest 54.97 feet; thence North 01 degree 52 minutes 49 seconds Flest 24.95 feet, more or less, to the southeast corner of the North 22.5.90 feet of the West 330.00 feet of said Northeast Quarter of the Northeast Quarter; thence South 89 degrees 13 minutes 19 seconds West along the southerly line of said North 225.90 feet, a distance of 125.54 feet; thence North 01 degree 48 minutes 22 seconds west 225.94 feet, more or less, to said northerly line of the Northeast Quarter of the Northeast Quarter; thence South 89 degrees 13 minutes 19 seconds West along said northerly line, 206.13 feet, more or less, to the northwest corner thereof; thence South 02 degrees 12 minutes 15 seconds East along the westerly line of said Northeast Quarter of the Northeast Quarter 660.20 feet, more or less, to the southwest corner of said North 40 rods; thence North 89 degrees 13 minutes 19 seconds East along said southerly line of the North 40 rods, 523.10 feet, more or less, ...,"Subject to an easement for roadway and utility purposes over, under A� and across the southerly 30.00 feet thereof. Subject totheright-of-way of Osgood Avenue North and 60th Street North. Subject to and together with any other valid casements, reservations or restrictions. u0suutuiull Apnr 01 uanJa)JCil 2e3 Page 29 of 114 RESOLUTION NO. 19-05-25 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 DAVE TRIEMERT OF CENTRAL AUTOMOTIVE FOR CONDITIONAL USE PERMITS, FINAL PLAT, AND SITE PLAN/DESIGN GUIDELINES REVIEW FOR AN AUTO REPAIR FACILITY AT OSGOOD AVENUE AND 59TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Dave Triemert of Central Automotive for Conditional Use Permits, Final Plat, and Site Plan/Design Guidelines Review for an Automotive Repair Facility at Osgood Avenue and 59th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2, General Business District. The subject property requires a Conditional Use Permit to allow motor fuel stations, auto repair and battery stores and service in the B-2 General Business District; and 4. The property has been platted as Outlot A of Oak Park Heights Auto Plaza. The property is proposed to be re -platted as Lot 1, Block 1 of Oak Park Heights Auto Plaza requiring the approval of a Final Plat; and 5. The Applicant is requesting two wall signs on one facade, requiring the review of a Conditional Use Permit; and Page 30 of 114 6. Design Guideline/Site Plan approval is required for the new building and site improvements; and 7. City staff prepared a planning report dated May 2, 2019 reviewing the request; and 8. Said report recommended approval of the two Conditional Use Permits, Final Plat, Site Plan, and Design Guidelines review subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their May 9, 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 Dave Triemert of Central Automotive for Conditional Use Permits, Final Plat, and Site Plan/Design Guidelines Review for an Automotive Repair Facility at Osgood Avenue and 59th Street North 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 the following, subject to the conditions as follows: • Conditional Use Permit for the auto repair facility. • Final Plat approval. • Conditional Use Permit to allow two wall signs on one building facade. • Design Standards/Site Plan review. 1. The Final Plat shall be subject to review and approval of the City Engineer and City Attorney. Connection charges and park dedication shall be paid in accordance with the provisions of the Development Agreement. 2. As part of the Final Plat approval, the 30 -foot easement at the south property line shall be reduced to 20 feet. A public hearing of the City Council shall be conducted to consider the reduction of the easement width. 3. The access point is subject to review and approval of Washington County. 2 Page 31 of 114 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Middle St. Croix Watershed District. 5. All lighting fixtures shall be full cut off and installed in compliance with the Iighting standards of the Zoning Ordinance. 6. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. Any security lighting on the east elevation shall be installed as a motion sensor fixture 7. The landscape and tree removal/replacement plans are subject to review and approval of the City Arborist. 8. All signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. 9. All noise generated from the store 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. 10. 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. 11. The Planning Commission was favorable, and the City Council approves the building design and finds the structure compatible with the Design Standards. 12. The Planning Commission was favorable, and the City Council approves the building material selection and colors. 13. There shall be no outside storage, including tires and auto parts. No storage shall be allowed in trailers that are parked on the property. 14. The applicant shall be required to enter into a Development Agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. Approved by the City Council of the City of Park Heights this 28th day of May 2019. Mazy 11j<�Comb'er, Mayor 3 Page 32 of 114 ATTEST: Eric A. Johnson, City Administrator a' Page 33 of 114 ATTACHMENT A Conditional Use Permits To Allow Auto Repair in the B-2, General Business District, Final Plat & Site Plan/Design Guideline Review Central Automotive Washington County Property Identification Number: 04.029.20.11.0160 Legal Description: Outlot A, Oak Park Heights Auto Plaza Physical Address: **** 59`h St, N. Page 34 of 114 ATTACHMENT B Conditional Use Permits To AIlow Auto Repair in the B-2, General Business District, Final Plat & Site Plan/Design Guideline Review Central Automotive 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: May 9, 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 35 of 114 THIS PAGE INTENTIONALLY LEFT BLANK Page 36 of 114 Oak Park Heights Request for Council Action Meeting Date July 281h, 2020 Time Required: 5 Minutes Agenda Item Title: Conditional Use Permit — 15242 64Th Street — Front Yard Setback R educti on 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 following from Scott Richards, City Planning Consultant 1. Staff Report dated 7/16/20 as presented to the Planning Commission; 2. Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution. Page 37 of 114 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone. 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com MEMORANDUM TO: FROM: DATE: RE: TPC FILE: BACKGROUND Eric Johnson Scott Richards July 16, 2020 Oak Park Heights - Conditional Use Permit New Attached Garage and House Addition, Front Yard Setback at 15242 64th Street North 236.02 — 20.05 Rick Nelson has made an application for a Conditional Use Permit to allow construction of an attached garage and house addition at 15242 64"' Street North, The Conditional Use Permit is required to vary from the front yard setback standards. An existing garage on the properly will be removed and replaced with a garage and upper living space that will be attached to the house. The property is zoned R-2 Low and Medium Density Residential District. Single-family and two-family dwellings and their accessory structures are permitted uses in that District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Air Photo of Property Exhibit 3: Certificate of Survey Exhibit 4: Site Plan (Al) Exhibit 5: First Floor Plan (A2) Exhibit 6: Second Floor Plan (A3) Exhibit 7: Building Section (A4) Exhibit 8: South and West Exterior Elevations (A5) Exhibit 9: North and East Exterior Elevations (A6) Exhibit 10: Site Pictures Page 38 of 114 PROJECT DESCRIPTION The project description and justification for the Conditional Use Permit from Rick Nelson is as follows: We would like to build a garage that we can actually use. Our current garage and driveway are too small for any of our vehicles to fit into. We want to build a garage that can tit our vehicles into and be a useable space. Due to city ordinance there is no on street parking overnight in the winter. Our driveway is too small for our three vehicles. We have the lot room to build a garage and connect it to our house. Our family is growing, and the additional space is what we need. The link between the garage and house will be our new front entry and mud room. The two-bedroom ADU/Apartment above the garage will be for guests and or visiting family members. We do have a few older family members that my wife would like to be able to move into the space if needed, if they need assisted living. ISSUES ANALYSIS Comprehensive Plan The property is designated as Low Density Residential in the Comprehensive Land Use Map. The request for the house addition is consistent with the Comprehensive policies related to low density land use. The property is zoned R-2 Low and Medium Density Residential District. Single-family and two-family dwellings and their accessory structures are permitted uses in that District. The existing garage will be removed, and a 1,200 square foot garage will be attached to the house. The garage will be two story with a living unit above for use by family. If the unit is rented, it will need to comply with all zoning requirements for a two-family unit. The only access to the new upper unit is from the outside of the house, at the rear of the structure. The front yard setback requirement for the R-2 District is 30 feet. The existing dwelling was constructed at 6.2 feet from the right of way of 64th Street. The garage and addition to the house is proposed at 22.7 feet from the right of way line. As per section 401.15.A.10 of the Zoning Ordinance, if the garage and addition had been proposed at 30 feet, an administrative approval could have been granted. In that the addition is proposed at less than the 30 -foot setback, a Conditional Use Permit is required as per Section 401.15.1.e.5). The request is being made in that based upon the original structure and where the addition and garage are being placed, the plan provides the best interior design layout for the house and garage connection. 2 Page 39 of 114 All other setback requirements are complied with. The criteria for reviewing the Conditional Use Permit request is reviewed later in this report. Subdivision/Lot Combination The Applicant has requested a lot combination in that the existing garage is located on a separate property. The Zoning Ordinance requires the properties to be combined in that the garage will be placed over the existing property line. These properties can be administratively combined by the City. All utility and drainage easements required by the City will be provided. The lot combination approval will need to be filed with Washington County. Drainage/Utilities The City Engineer has reviewed' the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. The drainage easements as required by the Subdivision Ordinance shall be dedicated. Conditional Use Permits Application for a setback Conditional Use Permit shall be regulated by Section 401.15.1.e.5). of the Zoning Ordinance. A Conditional Use Permit may be granted provided that: 5) A required yard on a lot may be reduced by a conditional use permit if the following conditions are met. a) The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. Comment: The original house was constructed prior to the requirement for a 30 - foot front yard setback. The garage and addition had been designed to integrate the interior flow of the house. A request such as this is not common in the City and should not set a precedence. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. Comment: The City shall require the dedication of drainage and utility easements. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: Moving the garage and addition will preserve more useable back yard space. 3 Page 40 of 114 d) if affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Comment: The structure should not impact sun access for abutting lots. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401-15.B.6 of this Ordinance. Comment: The addition will not impact traffic visibility (Section 401.15.B.6) and will not create any public safety concerns. 0 The conditions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met Comment: The criteria are reviewed below. 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. B. 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. The placement of the original home and need to make a reasonable addition to the structure are factors that must be considered when considering the application. City Staff does not see any issues with the request. CONCLUSIONIRECOMMENDATION Upon review of the request for the Conditional Use Permit for construction of an attached garage and house addition at 15242 601 Street North, City Staff would recommend the garage construction with the following conditions: The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 4 Page 41 of 114 2. All required utility and drainage easements will be provided with documentation to the City. The lot combination approval will need to be filed with Washington County. 3. If the unit is rented to non -family, it will need to comply with all Zoning Ordinance requirements for a two-family unit. 4. Any exterior mechanical equipment associated with the garage and addition shall be screened. 5. The exterior of the proposed garage and addition shall be finished with siding to match the current home exterior. 6. The applicant shall apply for and receive a building permit for the structure. 7. Any other conditions of the Planning Commission, City Council and City Staff. 5 Page 42 of 114 Rick Nelson 15242 64" Street North Oak Park Heights Mn 55052 We Would like to build a garage that we can actually use. Our Current garage and driveway are too small for any of our vehicles to fit into. We want to build a garage that can fit our vehicles into and be a useable space. Due to city ordinance there is no on street parking overnight in the winter. Our drive way is to small for our three vehicles. We have the lot room to build a garage and connect it to our house. Our family is growing and the additional space is what we need. The link between the garage and house will be our new front entry and mud room. The two-bedroom ADU/Apartment above the garage will be for guests and or visiting family members. We do have a few older family members that my wife would like to be able to move into the space if needed, if they need assisted living. 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It NOofl2itSN00 2103 tON z il w-ANVNIWll3Ud �Z ZiaLO Q Q # xq Ew, II II I I h II IJ II II I! II II II II II II 1 I I I II II II II II I! II II 11 ti z O Q Age 50 of 114 OV Is" Z N o +� z z � NouonNISNOO W ION cs� 01 '�l�l'dNllNi�d�ld� g a od co b -* n I Page 51 of 114 v 8)(. 4110 t 0 l A7 ti ATTACHMENT A Conditional Use Permit Front Yard Setback Reduction Rick & Tianna Nelson 1524264 th St. N. Washington County Parcel ID Number: 34.030.20.32.0001 Legal Description: Lot 1 thru 3, Block 1, McKenty's Addition to Stillwater Page 55 of 114 ATTACHMENT B Conditional Use Permit Front Yard Setback Reduction Rick & Tianna Nelson 15242 64th St. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: July 23, 2020 Required Approvals: CUP City Council 4/5 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 56 of 114 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 RICK NELSON FOR A FRONT YARD SETBACK CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN ATTACHED GARAGE AND HOUSE AT 15242 64TH STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request by Rick Nelson (Applicant) for a front yard setback Conditional Use Permit to allow construction of an attached garage and house at 15242 64th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 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 R-2 Low and Medium Density Residential District in which single family and two-family dwellings and accessory structures are a permitted use; and 4. Section 401.15.C. Ld of the Zoning Ordinance requires a 30 -foot front yard setback, 10 -foot side yard setback and 30 -foot year yard setback in the R-2 Single Family Residential District; and 5. The Applicant proposes to remove the existing garage, add a 1,200 square foot garage and house addition, as well as a living unit in the second story for use by family members; and Page 57 of 114 6. The existing house is set back 6.2 feet from the right of way of 64th Street and is a legal nonconforming structure. The Applicant has proposed that the garage will be 22.7 feet from the right of way of 64th Street. Section 401.15.A.10 of the Zoning Ordinance states that if the garage and addition had been proposed at 30 feet, an administrative approval could be granted but in that the addition is proposed at less than the 30 foot setback, a Conditional Use Permit is required; and 7. Section 401.15.C.1.e.5 of the Zoning Ordinance allows for a required yard on a lot to be reduced by a Conditional Use Permit if conditions are met; and City staff prepared a planning report dated July 16, 2020 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permit in that it was in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their July 23, 2020 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 and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 2. All required utility and drainage easements will be provided with documentation to the City. The lot combination approval will need to be filed with Washington County. 3. If the unit is rented to non -family, it will need to comply with all Zoning Ordinance requirements for a two-family unit. 4. Any exterior mechanical equipment associated with the garage and addition shall be screened. Page 58 of 114 5. The exterior of the proposed garage and addition shall be finished with siding to match the current home exterior. 6. The applicant shall apply for and receive a building permit for the structure. 7. Any other conditions of the Planning Commission, City Council and City Staff. Recommended by the Planning Commission of the City of Oak Park Heights this 23rd day of July 2020. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator Page 59 of 114 ATTACHMENT A Conditional Use Permit Front Yard Setback Reduction Rick & Tianna Nelson 15242 64th St. N. Washington County Parcel ID Number: 34.030.20.32.0001 Legal Description: Lot 1 thru 3, Block 1, McKenty's Addition to Stillwater Page 60 of 114 ATTACHMENT B Conditional Use Permit Front Yard Setback Reduction Rick & Tianna Nelson 1524264 th St. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: July 23, 2020 Required Approvals: CUP City Council 4/5 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 61 of 114 THIS PAGE INTENTIONALLY LEFT BLANK Page 62 of 114 Oak Park Heights Request for Council Action Meeting Date July 281h, 2020 Time Required: 5 Minutes Agenda Item Title: Palmer Station — Amended PUD — Reduce Front Yard Setback Lots 7,8 & 9 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 following from Scott Richards, City Planning Consultant 1. Staff Report dated 7/16/20 as presented to the Planning Commission; 2. Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution. Page 63 of 114 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPQ&PlanningCc.corn PLANNING REPORT TO: FROM: DATE: RE: TPC FILE: BACKGROUND Eric Johnson Scott Richards July 16, 2020 k Oak Park Heights Planned Unit Development Amendment — Front Yard Setback Allowances for Lots 7, 8, and 9 Palmer Station. 236.02 20.06 Olivia Gavle, representing Creative Homes Inc. has made an application for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8 and 9, Palmer Station located at 5606, 5573 and 5609 Oak Cove North. The Planned Unit Development Amendment is required to vary from the front yard setback standards in that a PUD was originally granted to allow for variations for side yard setbacks with the original development approvals. The City Council approved the request for the rezoning, Planned Unit Development, and Preliminary and Final Plat for the thirteen -lot subdivision of the Palmer property at their July 22, 2014 meeting. The property is zoned R-1 Single Family Residential District. The review is based upon the following submittals: Exhibit 1: Lot 7 Building Footprint at 30' Setback Exhibit 2: Lot 9 Building Footprint at 30' Setback Exhibit 3: Lots 7, 8 and 9 Building Footprint at 20' Setback Exhibit 4: Grading Plan (C3.1) Exhibit 5: Grading Details (C3.3) Exhibit 6: Site Photos (3 images) Exhibit 7: Report of the City Engineer, July 15, 2020 PROJECT DESCRIPTION Ms. Gavle has provided the reason for the request in the development application indicating that allowing a 20 -foot setback instead of a 30 foot setback will allow for Page 64 of 114 saving a mature maple tree (45 -inch base), allow for more useable back yards, and will keep homes more in line with existing homes on Oak Cove. ISSUES ANALYSIS Comprehensive Plan. The Comprehensive Plan 2018 designates this area as Low Density Residential. The Palmer Station development is in conformance with the Comprehensive Plan. Zoning. The property is currently zoned R-1 Single Family Residential District. The R- 1 District requires a front yard setback of 30 feet, side yard setbacks of 10 feet and rear yard setback of 30 feet. If the lot is on a corner, the required setback is 30 feet from the lot line. The 2014 approvals for Palmer Station allowed for reduced side -yard setbacks. The approved condition is as follows: 17. The City Council agrees to the request to reduce the allowable setback on the garage side of the home to a minimum of 5 feet The setback to the dwelling portion of the home would remain at 10 feet. A garage to garage setback would be required to be 15 feet. The current request reduces the front yard setback by 10 feet to 20 feet. A Planned Unit Development Amendment is required to reduce the setback. Exhibit 3 shows the proposed building footprints at the 20 -foot setback. The reduced setback will allow for more back yard space and allow enough space on the driveway to park cars and small trucks. Planned Unit Development Amendment Review. The Planning Commission and City Council should review the criteria for a setback Conditional Use Permit in considering the Planned Unit Development: Application for a setback Planned Unit Develop mentlConditional Use Permit shall be regulated by Section 401.15.1.e.5). of the Zoning Ordinance. A Planned Unit Development/Conditional Use Permit may be granted provided that: 5) A required yard on a lot may be reduced by a conditional use permit if the following conditions are met: a) The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. Comment: As indicated, allowing a 20 -foot setback instead of a 30 foot setback will save a mature maple tree (45 -inch base), allow for more useable back yards, and will keep homes more in line with existing homes on Oak Cove. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. 2 Page 65 of 114 Comment: The required easements have already been dedicated. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: One large maple tree will be preserved, and additional useable back yard space will be provided for these three lots. d) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Comment: The structures should not impact sun access for abutting lots. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.95.B.6 of this Ordinance. Comment: The addition will not impact traffic visibility {Section 401.15.6.6} and not create any public safety concerns. 0 The conditions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria are reviewed below. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the speck 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 Planned Unit Development Amendment proposed for the site. The reduced setbacks will not negatively impact any of the above criteria. City Staff does not see any issues with the request. Grading and Drainage. A grading plan nas been provided as part of the submittals. The City Engineer shall review and approve all of the grading and drainage plans. The City Engineer has provided a letter that is found as an Exhibit 7. Easements. No existing easements will be impacted, nor new easements are required with this request. 3 Page 66 of 114 CONCLUSION 1 RECOMMENDATION Upon review of the request for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8 and 9, Palmer Station located at 5606, 5573 and 5609 Oak Cove North, City staff recommends the application with the following conditions: The final grading and drainage for the three lots shall be subject to approval of the City Engineer. 2. Any other conditions of the Planning Commission, City Council and City Staff. pc: Julie Hultman 4 Page 67 of 114 N Certificate of Survey for: CREATIVE HOMES, INC. House Address: 5606 Oak Cove ATortht Oak Park Heights MN House Model: Victoria - sadd.d lard - yr S r t --, -%", s s � Sg 955.2 !�S 6 -4 / /-,_ExA1ti1g It Iron F-- Include exterior foundation insulation widths, if applicable. 86 77O&007 NJP Refer to final building _pians for foundation details. (j Carlson I hereby certify to CreotJve Hames, Jnc. that this survey, plan or reparf was Prepared by me or under my direct wperveion and that J am a defy floensed land surveyor under the laws of the State of Uirnnssoto. McCain Dated this 22nd day of Jonuory, 2020. Signed: loon McCa Inc.. ENVIROMMENrAL • ENGINEERING • SURVEYING 3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 By omoa R. Bolfulf, 4 Phone: 763-489-7900 Fac: 763-489-7959 Peter J. BlwnquiaE, L5. R g. No. 5 b76 WETLAND 1 Denotes Proposed Contour NYh c 9435 YR HWL = 943.7 ' f 120 VA HWL - 9".9 4W l 9 T 100 YR HWL 946.6 100 /'�/Denotea Existing Contour 70.33 # Denotes ExistingTree Location N89a35'02eW 1 _E...ung 4 It r` Chan q� Denotes Existing Hydrant Total Lot Area- - ............._.................-----.._.........................±21.an Fe m Prapn.y Line al DenateS Existdrg EIBCtftc BoxDriveway Total Sod Area from Rear Easement to flack of Curb--- Aran #6,❑ to Bock of Curb .. ....................... ® Denotes Emefing Teldwafan Box p Denotes Exiating Telephone Box LEGAL DESCRIPTION' * Denotes Existing Light Pole Lot 7. Block 1, PALMER STA710N, RDenotes Existing Service Washington County, Minnesota o Denotes Existing Curb Stop 000.o Denotes Existing Elevation %9 Denotes Proposed Eievotion MinAmurn Lowest Flom Eievatkn: _ rh 0 Denotes Direction of Drainage PROPOSED BUILDING ELEVA71ONS Denotes Drafnage & utility Easement Lowest Floor Elevation:9,L,` 7 (per recorded plat) Top of Foundation Devotion: 961.4 t Denotes iron Monument Garage Slab Elevation (at door).9. 67.0 Bearings Shown are assumed NOTES: GRAPHIC SCALE 1. Proposed building site grading in in accordance with the grading plans prepared by Elan Design Lab, lost reviaed D 15 30 60 V. la 2. Contractor must verify sewer depth, (IN FEET) 3. Driveways shown are for graphic purposes only. Final driveway design and location to be determined by owner/builder. (11x17 sheet) 4. All building tomdailon dimensions shown on this survey Include exterior foundation insulation widths, if applicable. 86 77O&007 NJP Refer to final building _pians for foundation details. (j Carlson I hereby certify to CreotJve Hames, Jnc. that this survey, plan or reparf was Prepared by me or under my direct wperveion and that J am a defy floensed land surveyor under the laws of the State of Uirnnssoto. McCain Dated this 22nd day of Jonuory, 2020. Signed: loon McCa Inc.. ENVIROMMENrAL • ENGINEERING • SURVEYING 3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 By omoa R. Bolfulf, 4 Phone: 763-489-7900 Fac: 763-489-7959 Peter J. BlwnquiaE, L5. R g. No. 5 b76 KeVISIang: N Certificate of Survey for: 2 Client Cammanta — 6 7/21) 3 CREATIVE HOMES, INC. 5 House Address: House Model: 5607 Oak Cove N., Oak Park Heights, MN Victoria 950.7 BENCHNARK r I e °' x 3882 l TOP of SPIKE I` \1 jF0 L1 -+Aye+ 49 d l 949.0 `m ��p u• 99.3 r d ` 01 \ I a 957.9 o f r 59 ;~ 95 2 m w 1 ll `15 7110 � ' 1 1 a 1+ \h r � 949. X34.1 __� gg �� Oil l � 9 �� � � 1 a. P •,f• a� Noe°m \� 958.6 w 9 9571 710 i ai 30.5 - "T__� p t�t� 0 1 N,rr�,,,��� a / x O ��� �• a ? ,+�, if SY' b�`�.� f Q I „; o,i 95Y\ 9 M 958.17C EL 20 V2 o < (] v L 3 { p 5 t o a �� �1� //° 3n 1 c 1 Sa ' \ a 3 B / 9.0 x 944.4,��rIS gl L 957. 1 ^\ / 0111 /9a�� 953{+•:2 x 954.2 t i TOP OF SPINE _ 7 �"7 gg t n i k ��, n x 954.7 e 1 Bs J 9 e1� '•� rn �L Cent- of 8 f . wide In ��/ya, \ t 5 �a0 f I x = s �- maintenance access er-� g \ ✓ 1 grading plan q/S SETBACKS nn -_____..-___.M fL V ins x Fh Side =1 ------10 % rr/ /T Ki A6.2 siin9 Sr Side t6erape$.._-_. 5 tL QC g0.5- "```7TffTT H. Q htJ / � J9A6 ,a 1 s Total Lot Area................................................................................116.59 sq.ft. 1 Total Sod Area from Rear Yard Esmt. to Back of Curb *7,130 sq,ff. 1 Driveway Area to Back of Curb. ........... .......... ...................... *1.026 sq.ft. \ Denotes Existing Tree Location 951.7 'CDED Denotes Existing Hydrant /%/Denotes Existing Contour Denotes Existing Electric Box ®Denotes Existing Television Box LEGAL DESCRIP77ON: To Denotes Existing Telephone Box * Denotes Existing Light Pole Lot 9, Block 1, PALMER STATION, so Denotes Existing Service Washington County, Minnesota a Denotes Existing Curb Stop x 0oo.0 Denotes Existing Elevation Minimum Lowest Floor Devotion: 949.0 lc�oo. Denotes Proposed Elevation PROPOSED BUILDING ELEVATIONS - Denotes Direction of Drainage Denotes Drainage de Utility Easement Lowest Floor Elevation: 952.4 (per recorded plat) Top of Foundation Elevation: 960.1 --a- Denotes Iron Monument Garage Siab Devotion (at door): 9. 59.7 Hearings shown are assumed NOTES: 1. Proposed building site grading is in accordance with the g GRAPHIC SCALE grading plans prepared by Elan Design Lob, last revised f1 0 15 30 60 8/23/18 9 2. Contractor must verify sewer depth. s 3. Driveways shown are for graphic purposes only. Final driveway design and location to be determined by owner/builder. (IN FEET) (8.5x14 sheet) 4. All building foundation dimensions shown on this survey include exterior foundation insulation widths. If applicable. a 1786 7708.009 GJS Refer to final building plans for foundation details. c I hereby certify to Creative Homes, Inc. that this survey, plan or report was P Carlwn prepared by me or under my direct supervision and that I am a duty licensed land Bh 0surveyor under the taws of the State of Minnesota. McCain Dated this 11th day of May, 2020. 13 Signed: rfs Mc I c. a ENVIRONMENTAL. ENGINEERING•SUMFEVING {L 3890 Pheasant Ridge Drive NE, '}F' eY N Suite 100, Blaine, MN 55449 Thomas R. Balluff, L.61 Phone: 763-489-7900 Fax: 763-489-7959 Peter J. Blomquist, L.S. Reg. No. 51676 w �a gE'Cel Olt ca 6i iJ - �£l v It l xy U � �aj Wig, 4j' �. 'mow � ---• C i M00Li*000.L1 N Ell 19 z -ENE IHI eo zsrc]IF$eas �I�� ®� � AL,9�L,£'aION liu'at 3au''r t?P 0 m ..w w.n.wr.w.wm.r•wftw.a- Page 70 of 114 W12 z9 pill I L ra Z5 LLI 0 rg sg xg RI =• W 63 8 ;.e.l! �nsdaaa W12 Page 71 of 114 pill I Page 71 of 114 LO i* W jig i=!#� z� cc z �o �� i w iE + ♦$� Lu CLcc IF c~i>� i- - -- ----------- - I f 9 �wuar a H F 1 �4 gA 'sn 40 Page 72 of 114 S -p IQ MEN g+ + $ CL 5 � $ + U 6 jE F !I O LU it kiE .t' � M / �• R J A F� _ q A i1 60 }+ Page 73 of 114 i-pv 0 ' " , •� r�' .Y - 4e .� w I, Y Try. w a Stantec Consulting Services Inc. Stantec 733 Marquette Avenue Suite 1000, Minneapolis MN W02-2309 July 15, 2020 File: 193800151 Attention: Mr. Eric Johnson, City Administrator City of Oak Park Heights 4168 Oak Park Blvd. N., Oak Park Heights, MN 55082 Reference: Palmer Station: Review of proposed setback revisions for Lots 7, 8 and 9 Dear Eric, We have reviewed the proposed lot setback revisions for Lots 7, 8 and 9, Palmer station. The proposal reduces the lot setbacks from the street by 10 -feet. The setback changes do not require changes to the approved grading plan. The new driveway grades will conform with City standards for driveway grades. Therefore, the proposed setbacks do not raise any engineering concerns. If you have any questions or require further information, please do not hesitate to contact me. Regards, Stantec Consulting Services Inc. I +ee MI Mann, PIF City Engineer Phone: 612-712-2085 Le e. M a n n {costa me c. co m c. file Julie Hultman, Building Official Andy Kegley, DPW Olivia Gavic, Creative homes Design with community in mind Page 77 of 114 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 FROM OLIVIA GAVIC, REPRESENTING CREATIVE HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW A REDUCED FRONT YARD SETBACK FROM 30 FEET TO 20 FEET FOR LOTS 79 89 AND 9, PALMER STATION LOCATED AT 5606, 55739 5609 OAK GROVE NORTH, SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8, and 9, Palmer Station located at 5606, 5573, 5609 Oak Grove North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 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 City Council approved the request for a rezoning, Planned Unit Development, and Preliminary and Final Plat for a thirteen -lot subdivision of the Palmer property at their July 22, 2014 meeting; and 4. The Applicant has requested that the City consider allowing a 20 -foot setback instead of the required 30 -foot setback; and 5. The requested 20 -foot setback will preserve a mature maple tree (45 -inch base), allow for more useable back yards, and will keep homes more in line with existing homes on Oak Cove; and Page 78 of 114 6. A Planned Unit Development Amendment is required to reduce the setback to 20 feet; and 7. City staff prepared a planning reports dated July 16, 2020 reviewing the request and criteria for Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said reports recommended approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their July 23, 2020 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 for a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8, and 9, Palmer Station located at 5606, 5573, 5609 Oak Grove North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: The final grading and drainage for the three lots shall be subject to approval of the City Engineer. 2. Any other conditions of the Planning Commission, City Council and City Staff. Recommended by the Planning Commission of the City of Oak Park Heights this 23rd day of July 2020. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator Page 79 of 114 ATTACHMENT A Conditional Use Permit Front Yard Setback Reduction Allowances Lots 7, 8 & 9 Palmer Station 5606, 5573 & 5607 Oak Cove N. Washington County Parcel ID Numbers: 04.029.20.23.0097 04.029.20.23.0098 04.029.20.23.0099 Legal Description: Lot 7, 8 and 9, Block 1, Palmer Station Page 80 of 114 ATTACHMENT B Conditional Use Permit Front Yard Setback Reduction Allowances Lots 7, 8 & 9 Palmer Station 5606, 5573 & 5607 Oak Cove N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: July 23, 2020 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 81 of 114 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 FROM OLIVIA GAVIC, REPRESENTING CREATIVE HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW A REDUCED FRONT YARD SETBACK FROM 30 FEET TO 20 FEET FOR LOTS 7, 8, AND 9, PALMER STATION LOCATED AT 56069 55739 5609 OAK GROVE NORTH, BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8, and 9, Palmer Station located at 5606, 5573, 5609 Oak Grove North, 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: 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 City Council approved the request for a rezoning, Planned Unit Development, and Preliminary and Final Plat for a thirteen -lot subdivision of the Palmer property at their July 22, 2014 meeting; and 4. The Applicant has requested that the City consider allowing a 20 -foot setback instead of the required 30 -foot setback; and Page 82 of 114 5. The requested 20 -foot setback will preserve a mature maple tree (45 -inch base), allow for more useable back yards, and will keep homes more in line with existing homes on Oak Cove; and 6. A Planned Unit Development Amendment is required to reduce the setback to 20 feet; and 7. City staff prepared a planning reports dated July 16, 2020 reviewing the request and criteria for Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said report recommended approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their July 23, 2020 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 for a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8, and 9, Palmer Station located at 5606, 5573, 5609 Oak Grove North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: The final grading and drainage for the three lots shall be subject to approval of the City Engineer. 2. Any other conditions of the Planning Commission, City Council and City Staff. Approved by the City Council of the City of Oak Park Heights this 28th day of July 2020. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 83 of 114 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 FROM OLIVIA GAVIC, REPRESENTING CREATIVE HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW A REDUCED FRONT YARD SETBACK FROM 30 FEET TO 20 FEET FOR LOTS 7, 8, AND 9, PALMER STATION LOCATED AT 56069 55739 5609 OAK GROVE NORTH, BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8, and 9, Palmer Station located at 5606, 5573, 5609 Oak Grove North, 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: 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 City Council approved the request for a rezoning, Planned Unit Development, and Preliminary and Final Plat for a thirteen -lot subdivision of the Palmer property at their July 22, 2014 meeting; and 4. The Applicant has requested that the City consider allowing a 20 -foot setback instead of the required 30 -foot setback; and Page 84 of 114 5. The requested 20 -foot setback will preserve a mature maple tree (45 -inch base), allow for more useable back yards, and will keep homes more in line with existing homes on Oak Cove; and 6. A Planned Unit Development Amendment is required to reduce the setback to 20 feet; and 7. City staff prepared a planning reports dated July 16, 2020 reviewing the request and criteria for Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said report recommended approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their July 23, 2020 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 for a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8, and 9, Palmer Station located at 5606, 5573, 5609 Oak Grove North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: The final grading and drainage for the three lots shall be subject to approval of the City Engineer. 2. Any other conditions of the Planning Commission, City Council and City Staff. Approved by the City Council of the City of Oak Park Heights this 28th day of July 2020. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 85 of 114 ATTACHMENT A �T - Conditional Use Permit Front Yard Setback Reduction Allowances Lots 7, 8 & 9 Palmer Station 5606, 5573 & 5607 Oak Cove N. Washington County Parcel ID Numbers: 04.029.20.23.0097 04.029.20.23.0098 04.029.20.23.0099 Legal Description: Lot 7, 8 and 9, Block 1, Palmer Station Page 86 of 114 ATTACHMENT B Conditional Use Permit Front Yard Setback Reduction Allowances Lots 7, 8 & 9 Palmer Station 5606, 5573 & 5607 Oak Cove N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: July 23, 2020 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 87 of 114 THIS PAGE INTENTIONALLY LEFT BLANK Page 88 of 114 Oak Park Heights Request for Council Action Meeting Date July 28th 2020 Time Required: Agenda Item Title: 5 Minutes Cover Park — Volunteer Event Agenda Placement New Business Originating Department/Requestor Council Member Johnson Requester's Signature Action Requested See below Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Resident Pam Patrick is asking for some weeding assistance for the east -hill slope along Peller Ave. While many healthy and preferred plants plants have grown; weeds are growing too cumbersome. I would like the Council to endorse and support the event outlined in the attached flyer; This would be an all -volunteer event and I would run the event in coordination with Ms. Pam Patrick who resides at 15365 58' Street The planned date is 8/22/20. Financially, it should be minimal, not to exceed $500- from the Account noted below; perhaps used for water, supplies or snacks for volunteers. Fund source: Mayor & Council -Annual Picnic - $4,000.00 Acct # 40100-910 $365.00 Spent to date. Page 89 of 114 WE'RE LOOKING =�- FOR GARDEN VOLUNTEERS F� Come over and join us at Cover Park to help take care of and weed the garden located on the east side of the ice rink. tt SATURDAY, AUGUST 22ND 9AM-2PM COVER PARK Please bring gloves, various garden tools and water. Long pants, z hat, bug -spray and closed -toe -shoes are advised. We will section off the garden to allow for social distancing. �- Volunteers may come and go and we appreciate anytime you may be willing to offer. You do not need to stay the entire time. Contact City Hall at (651) 439-4439 with questions. ces 9e Rd U". S F O,�Ia9e lyd _edd=reanl`Ls9 T Z3 S Frontage Rd v ro m S ro z Cover Park 58th St N S Frontage Rd ro a 0 ➢ { ro z m d N ➢ m z z Page 91 of 114 THIS PAGE INTENTIONALLY LEFT BLANK Page 92 of 114 Oak Park Heights Request for Council Action Meeting Date July 281h, 2020 Time Required: 5 Minutes Agenda Item Title: Police Officer - Hiring Process — Appoint Two Council Members Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested See below Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Police Vacancy Update The City has closed the application period for the Police Officer position — this closed on 7/15. The City received 20 candidates that have completed the application process as outlined. A handful of applicants did not meet the application requirements for reasons such as no medical training, no POST Lic. eligibility, or not completing the City application. • All eligible applicants (20) can be interviewed in a 1st round interview pool scheduled for Aug 18th to narrow the pool to the top 5 candidates. 2nd round interviews for these "top 5" are scheduled for Sept. 17th 0830-1330 hrs. During this interview the pool will be narrowed to 3 candidates for background investigations. The Council is requested to appoint to TWO MEMBERS to participate in this 22-d Round. • After background checks are completed, perhaps in early November, a final Chief's interview with both Sgts. will be conducted to forward 1 or 2 candidates depending # of positions to be filled to Council for appointment pending physical and psych. eval. REQUESTED ACTION: Appoint two Council members to serve on the 211 Round interview pool. This has been a typical past practice. Page 93 of 114 THIS PAGE INTENTIONALLY LEFT BLANK Page 94 of 114 x Oak Park Heights Request for Council. Action Meeting Date July 28, 2020 Agenda Item Consider Proposed Amendments to Ordinance 1409 Relating to Sales, Possession, and Use of Tobacco by Minors and Reveal Ordinance 1404 Time Req. 0 Agenda Placement New Business Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature N., Action Requested Discussion, and set meeting date for final vote on amendments Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). On May 16, 2020, Governor Tim Walz signed into law legislation known as "Tobacco 21" which raises the age for residents to buy tobacco products from 18 to 21. The change to state law includes electronic delivery devices and other nicotine products. Accordingly, the City Council should consider amendments to Ordinance 1409 to change the language reflecting the minimum age requirement. Also, there is redundancy between Ordinance 1404 and 1409. Ordinance 1404 relates to the licensing requirement for the sale of cigarettes, papers, and wrappers. Ordinance 1409 also includes the licensing requirements and includes tobacco, tobacco products (including cigarettes, papers, and wrappers), and tobacco related devices. I would suggest repealing 1404 to eliminate confusion since the provisions and requirements in Ordinance 1404 are covered in Ordinance 1409. Additionally, the City Council adopted a Resolution in 2001 establishing civil penalties for the violation of the City Ordinance and state law regarding the sale or furnishing of tobacco to minors. As the City Council did with the alcohol compliance violation penalty Resolution, I recommend the City Council consider including the tobacco compliance violation penalty into City Ordinance. I have included a draft red -lined amended Ordinance for your review and discussion. Minnesota Statute 415.19 requires that proposed Ordinance amendments be posted on. the City's website at least ten days before the City Council meeting at which the proposed Ordinance is scheduled for a final vote. Therefore, action cannot be taken on the amendment at this meeting. I request the City Council set the approval of the amendments to Ordinance 1409 and the repeal of Ordinance 1404 for the next City Council meeting, and staff will post as required by State Statute. Page 95 of 114 1409 AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF TOBACCO, TOBACCO PRODUCTS, AND TOBACCO RELATED DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL SALE, POSSESSION, AND USE OF SUCH ITEMS TO AND BY MINORS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS DOES HEREBY ORDAIN AS FOLLOWS: 1409.010 Purpose. Because the City recognized that many persons under the age of ei-ghteeii "!wen . -one 2l� years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and because studies, which the City hereby accepts and adopts', have shown that most smokers begin smoking before they have reached the age of eighteen (' 4)twen _ -one (2 1) years and those persons who reach the age of twen . -one (2 1) years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this Ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke, as stated in Minn. Stat. 144.391. 1409.020 Definitions and Interaretations. Except as otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice -versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: A. "Tobacco' or "Tobacco Products" : "tobacco' and "tobacco products" includes cigarette and any product containing, made or derived from 1 'The City of Oak Park Heights has relied upon the following sources: Preventing Tobacco Use Amon _g Youn_ g People, A Report of the Surgeon General; Youth Access to Tobacco - Summary Points, Youth and Elders Against Tobacco Use; Stillwater Area School District Cigarette Use Permits, Youth Access to Tobacco, Minnesota Assist; Tobacco Sales to Youth and Nicotine Addiction in Adolescence, both by the Centers for Disease Control and Prevention. Page 96 of 114 tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or and component, part, or accessory of a tobacco product; cigars, pipe tobacco, snuff, fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready -rubbed, and other smoking tobacco; snuff flour; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps; clippings; cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United State Food and Drug Administration for sale as a tobacco cessation product, as tobacco dependence product or for other medical purposes and is being marketed and solely for such approved purpose B. "Tobacco Related Devices" means any tobacco product, as well as any liquid containing nicotine, pipes, rolling papers, or other device reasonably designed to be used in a manner which enables the consumption by way of chewing, sniffing, smoking, or inhaling of tobacco or tobacco products. C. "Self -Service Merchandising" means open displays of tobacco, tobacco products, or tobacco related devices in any way where any person shall have access to the product without the assistance or intervention of an employee of the premises maintaining the self-service merchandising. Self-service merchandising shall not include vending machines. D. "Vending Machine" means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. E. "Individually Packaged" means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container described in this subdivision shall not be considered individually packaged. F. "Loosies" means the common term used to refer to a single or individually packaged cigarette. G. "Minor" means any natural person who has not yet reached the age of eighteeii (I twen . -one (2 1) years. OA Page 97 of 114 H. "Retail Establishment"means any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, restaurants, and bars. "Moveable Place of Business" refers to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. "Sale" means any transfer of goods for money, trade, barter, or other consideration. K. "Compliance Checks" mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this Ordinance. Compliance checks may involve the use of minors as authorized by this Ordinance. 1409.030 License. No person shall sell or offer to sell any tobacco, tobacco product, or tobacco related device without first having obtained a license to do so from the City. A. Application. An application for a license to sell tobacco, tobacco products, and tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the Council for action at its next regularly scheduled Council meeting. If the Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. B. Action. The Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Council shall approve the license, the Clerk shall issue the license to the applicant. If the Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeals the Council's decision. Page 98 of 114 C. Term. All licenses issued under this Ordinance shall be valid for one (1) calendar year from the date of issue. D. Revocation or Suspension. Any license issued under this Ordinance may be revoked or suspended as provided in the Violations and Penalties section of this Ordinance. E. Transfers. All licenses issued under this Ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the Council. F. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this Ordinance. G. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. H. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days, but no more than sixty (60) days before the expiration of the current license. The issuance of a license issued under this Ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. 1409.040 Fees. No license shall be issued under this Ordinance until the appropriate license fee shall be paid in full. Fees shall be set from time to time by the City Council by resolution. Foos shall be divided rote two (2) elasses. A Class "A" Tobacco License shall be required for any retail establishment which sells tobacco, tobacco products, or tobacco related devices in cartons or other packaging containing more than a single pack or other container as described in Section 200, Subd. 5. A Class "B" Tobacco License shall be required for any retail establishment selling only individually packaged tobacco or tobacco products wrapped individually for sale. M Page 99 of 114 1409.050 Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this Ordinance, and if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. A. The applicant is under the age of eighteen (I 4)twen . -one (2 1) years. B. The applicant has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked, in the City or at any other place, within the preceding twelve (12) months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. 1409.060 Prohibited Sales. It shall be a violation of this Ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of twen . -one years. B. By means of any type of vending machine. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of a licensed premises in order to receive the tobacco, tobacco product, or tobacco related device. D. By means of "loosies" as defined in Section 200, Subd. F of this Ordinance. E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and not naturally found in tobacco or tobacco products. F. By any other means or to any other person, prohibited by Federal, State, or other local law, ordinance provision, or other regulation. 5 Page 100 of 114 1409.070 Vending Machines. It shall be unlawful for any person licensed under this Ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. 1409.080 Self -Service Sales. It shall be unlawful for a license under this Ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee. All tobacco, tobacco products, or tobacco related devices shall be stored behind a counter or other area not freely accessible to customers. 1409.090 Responsibility All licensees under this Ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such a item by an employee shall also be considered a sale by the license holder, and each can be held responsible for any criminal and/or civil penalties imposed herein. 1409.100 Compliance Checks and Inspections. All licensed premises shall be open to inspection by the City Police or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging minors to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minor used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. Retail establishments possessing a Class "A" License shall be subject to at least two (2) compliance checks per year. 1409.110 Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this Ordinance. A. Illegal Possession. It shall be a violation of this Ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. B. Illegal Use. It shall be a violation of this Ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. no Page 101 of 114 C. Illegal Procurement. It shall be a violation of this Ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this Ordinance for any person to be sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. D. Use of False Identification. It shall be a violation of this Ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. 1409.120 Violations and Penalties A. Criminal Penalty. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor. Each violation and every day in which a violation occurs or continues shall constitute a separate offense. B. Civil Penalties. The provisions of the City of Oak Park Heights Civil Penalty Ordinance, Chapter 208, shall apply to any and all licenses issued hereunder. If a retail establishment has its tobacco license suspended pursuant to a hearing conducted under the City's Civil Penalty Ordinance, that retail establishment shall, during the period of suspension, remove all tobacco, tobacco products, or tobacco related devices away from public view. a. The following designated civil benalties shall constitute adviso guidelines for City Council action in cases of violation of City issued tobacco licenses. It is understood the City Council may deviate from these advisory guidelines based upon compelling circumstances presented in individual cases. SALE OF TOBACCO TO MINORS (OR PERMIT A PERSON UNDER THE AGE OF 21 TO USE TOBACCO PRODUCTS ON THE LICENSED PREMISES): First Offense: Five Hundred Dollars ($500) civil fine. 7 Page 102 of 114 Second Offense: One Thousand Dollars ($1,000) civil fine and one five-day license suspension (Monday through Friday). Third Offense: One Thousand Five Hundred Dollars ($1,500) civil fine and a ten-day license suspension [to include at least one weekend da,. (Friday or Saturday)l. Fourth or Subseauent Offense: At Citv Council Discretion. b. The above sanctions shall be issued and calculated as auainst all offenses occurring within a 24 -month consecutive period counting back from the date of the most recent violation. Any violations having occurred beyond 24 consecutive months prior to the most recent violation shall not be counted in terms of imposing the sanctions noted above. C. Any license holder who has had their license or permits suspended or revoked pursuant to City action shall not be allowed to operate the activitv which reauired the license until the license is reinstated. Any operation during a period of suspension or revocation shall be deemed to be an additional violation of the City's Tobacco License Ordinance and of state law subject to additional civil benalties_ ub to and including bermanent license revocation 1409.130 Excebtions and Defenses Nothing in this Ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied on proof of age as described by State Law. 1409.140 Severabilitv and Savings Clause If any section or portion of this Ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a Court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provisions of this Ordinance. 1409.150 Restriction on Age of Clerks. It shall be illegal for a retail establishment to cause or permit a minor to sell tobacco, tobacco products, or tobacco related devices. It shall also be illegal for any minor to sell tobacco, tobacco products, or tobacco related devices. 1409.160 Signage. Page 103 of 114 Anyone holding a tobacco license under the provisions of this Ordinance shall post and display, in plain view of the general public, on the licensed premises a sign indicating that it is illegal to sell tobacco, tobacco products, or tobacco related devices to anyone under the age of eighteen (' 4)twen . -one (2 1) years and that the possession and use of such items by minors is also illegal under both State law and local ordinance. Said signs shall be of a type approved by City staff and issued to a retail establishment at the time that a license is obtained. The cost of said sign shall be included within the licensing fee. 1409.170 Product Sampling Notwithstanding any exceptions for tobacco product shops as set forth in the Minnesota Indoor Clean Air Act, no licensee shall directly or indirectly permit smoking or use of their sale products in and upon the licensed premises. All licensees under this chapter shall be responsible for the actions of their employees and patrons in regard to any smoking or consumption in and upon the licensed premises. Revised by the City Council May 13, 2014. I Page 104 of 114 mp aj Oupeal 44-44 w Page 105 of 114 a �► a a J• 1.11 IN w MET a ■ rr�Ra•ni�� wa*i�•ninau •r.••�•�us w Page 105 of 114 Page 106 of 114 n 0 RESOLUTION NO. 01-02- 13 CITY OF OAK PARK HEIGHTS WASHINGTON.COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL APPROVING ADVISORY GUIDELINES FOR ESTABLISHMENT OF CIVIL PENALTIES FOR THE VIOLATION OF STATE LAW REGARDING THE SALE OR FURNISHING OF TOBACCO TO MINORS WHEREAS, Minnesota Statute §609.685 provides that it is a misdemeanor to sell, barter, furnish or give tobacco to a person under 18 years of age; and a gross misdemeanor for a second violation within five years; and WHEREAS, the City conducts regular compliance checks to ensure that those establishments holding municipal tobacco licenses in the City of Oak Park Heights are in compliance with the state statute. In the event that a tobacco Iicense establishment is proved to have violated state lave, then the Council is called upon to determine how to proceed properly; and WHEREAS, the City Council, upon proof of violation of state law, may revoke the license .or permit, suspend the license or permit for a period of time and/or impose a .civil penalty for each violation, or impose any combination of these sanctions. NOW, THEREFORE, in order to guide the City Council and in order to create a uniform system for dealing with these violations, the City Council for the City of Oak Park Heights does hereby approve the following: 1. BE IT RESOLVED that the following designated civil penalties shall constitute advisory guidelines for City Council action in cases of violation of City issued tobacco licenses. It is understood that the Council may deviate from these advisory guidelines based upon compelling circuanstances presented in. individual cases. SALE OF TOBACCO TO MINORS (OR PERAM A PERSON UNDER THE AGE OF 1$ YEARS TO USE TOBACCO PRODUCTS ON THE LICENSED PREMISES): First Offense: Five Hundred Dollars ($500) civil fine. Second Offense; One Thousand Dollars ($1,000) civil fine and one five-day license suspcnsion (Monday through Friday) . Third Offense: One Thousand Five Hundred Dollars ($1,500) civil fine and a ten- day license suspension [to include at least one weekend day (Friday or Saturday)] . Page 107 of 114 0 • • Fourth or Subsequent Offense: At City Council discretion. 2. BE IT FURTHER RESOLVED that it is the policy of the City Council Haat the above sanctions shall be issued and calculated as against all offenses occurring within a 24= consecutive month period from the date of the most recent violation. Any violations having occurred beyond 24 consecutive months prior to the most recent violation shall not be counted in terms of imposing the sanctions noted above. 3. BE IT FURTHER RESOLVED that if the City Council imposes a civilt,�� fine, the Council shall also allow the license holder a reasonable time to pay the fine. A reasonable time to pay means that all fines shall be paid within 60 days unless the Council determines that a longer period of time is justified under the circumstances of the case. Failure of a license Bolder to in G f'i, pay a fine within the time prescribed by the City Council shall cause that license to be immediately (),re -ti r wt'l A r`i`: suspended until full payment is received by the City. - 2-08 4. BE IT FURTHER RESOLVED that any license holder who has had their license or permits suspended or revoked pursuant to City action shall not be allowed to operate the activity which required the license until the license is reinstated. Any operation during a period of suspension or revocation shall be deemed to be an additional violation of the City's Tobacco License Ordinance and of state law. Passed by the City Council for the City of Oak Park Heights this 13 th day of February 2001. ATTEST: Thomas Melena City Administrator 2 Page 108 of 114 Oak Park Heights Request for Council Action Meeting Date July 281h, 2020 Time Required: 5 Minutes Agenda Item Title: COVID-19 — CRF Spending Plan 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): The enclosed resolution outlines a general SPENDING PLAN for the $361,709 the City has received from the Federal Government under the CARES Act as distributed by the State, the Resolution is a general first step that outlines some priorities for the City's use of its funds. As we have recognized, these funds must be expended to meet three general criteria: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID19); 2. (Was) not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and s. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. Some funds have already been expended (for obvious COVID-related needs — such as PPE) by the City that can be reimbursed by this allocation; but this resolution provides further prospective authorities for computers, equipment, payroll, etc. All funds must be encumbered by November 15th. Remaining unencumbered funds must be provided to Washington County as outlined in the official guidance. There of course has been considerable discussion among cities and LMC Staff as to what may or may not apply for PAYROLL or HAZARD pay, however at this time it would seem the local "consensus" is that these are eligible — being they were necessary and "not accounted for." Enclosure: MN DEPT OF REVENUE — COVID-19 Relief Fund Certification Form Page 109 of 114 RESOLUTION RESOLUTION ACCEPTING CORONAVIRUS RELIEF FUNDS AND ADOPTION OF CITY SPENDING PLAN WHEREAS, on March 11, 2020, the World Health Organization (WHO) deemed the outbreak of a respiratory illness called coronavirus disease 2019 (COVID-19) a pandemic; and WHEREAS, public health authorities at the federal, state, and local levels recognized the public health threat that COVID-19 poses; and WHEREAS, on March 13, 2020, President Donald Trump declared a Presidential National Emergency; and on the same day Governor Tim Walz declared a Peacetime State of Emergency in Minnesota; and WHEREAS, on March 17, 2020, the Mayor of the City of Oak Park Heights declared a local state of emergency to respond to the impacts of the COVID-19 pandemic and which was continued by vote of the City Council; and WHEREAS, the City continues to respond to the COVID-19 emergency through the provision of direct services to impacted residents and the purchase of materials and supplies needed to support City employees, City residents and City business WHEREAS, on March 27, 2020, the federal government passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, H.R. 748) to address the economic impact of the coronavirus; and WHEREAS, the CARES Act provided $150 billion in aid to: states and certain local governments, the District of Columbia and US Territories, and tribal government, called the Coronavirus Relief Fund (CRF) to address spending shortages related to the pandemic and to address necessary expenditures incurred due to the COVID-19 public health emergency; and WHEREAS, on June 25, 2020, by executive action, Governor Walz distributed over $841 million in CRF funding to the counties, cities and townships in Minnesota, of which a total of $361,709 was allocated and provided to the City after providing the required certification form to the Department of Revenue on June 29, 2020; and WHEREAS, through the certification signed by the City Administrator, the City agrees to spend the funds in conformance with the CARES Act (H.R. 748), agrees to periodically report our spending as required by Minnesota Management and Budget (MMB), and agrees to return any unspent or unencumbered funds as defined by the state or federal guidance; and, WHEREAS, City staff reviewed the requirements as outlined in the CARES Act and the official guidance provided by the U.S. Department of the Treasury (Treasury Department) (most recently updated on July 8, 2020) and Frequently Asked Questions document prepared by the Treasury Department, Page 110 of 114 WHEREAS, City staff have participated in webinars and/or reviewed significant guidance from Federal, State and LMC officials, including a session held on July 1st, 2020 as well as continued meetings such as those planned for July 291h, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept the funding as provided by the Governor's Executive Action of federal CRF funds in the amount of $361,709 and directs the funds be used to pay for expenses through the General Fund, utilizing departmental account 40900 to track expenditures of the CRF funding; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby approve the following expenses as reasonably necessary to the function of the City in this spending plan: Business Assistance - $50,000 The City will provide assistance to businesses (and/or their local support structures) to reimburse the costs of business interruption caused by required closures or costs incurred by businesses to respond to the pandemic, including costs for changes that are necessary to operate safely under the public health guidelines and other permitted uses. Elections Costs - $10,000 In order to administer the primary and general elections in 2020 under the guidelines for COVID- 19, the City will incur additional costs — generally for operational equipment that will enable social distancing and personal protective equipment. Support for City teleworking / Public Meetings - $45,000 In order to allow for City Staff as well as elected and appointed officials to work remotely but to also ensure continued public transparency, there is a need for additional equipment and/or licenses to be purchased. A portion of the City workforce continues to work from home or a remote location to allow for the appropriate social distancing as recommended by public health officials. Improvements to the City's technology infrastructure is necessary to support this volume of teleworking and still provide for the security of the City's data. Other costs to support increased telework may include providing the necessary equipment to ensure appropriate work environments. Payroll Expenses - $150,000 As provided for in the CARES Act, and clarified through Treasury Guidance and Frequently Asked Question documents, as well as information provided in various webinars on allowable expenses for CRF funding, the City will utilize CRF funding to for the following payroll costs incurred March 1, 2020, through December 30, 2020: a) City costs (levy) for payroll costs in the Police Department and Administration elements as well as other City divisions, reimbursement for payroll costs for services that are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. b) Reimbursement of incurred payroll costs for COVID-19 benefit programs for paid sick and paid family and medical leave to enable compliance with COVID-19 public health precautions will also be applicable. c) Of the $150,000, $50,000 shall be allocated to a one-time hazard pay benefit for all Police Departmental staff that were required to report for regular duty and not work remotely following the issued State of Emergency and the subsequent closing of the City Hall facility. A final internal policy will be created to incorporate the included items to facilitate the expenses consistent with City policies. Page 111 of 114 Personal Protection Equipment: $10,000 Additional cleaning equipment, specialized cleaning equipment, changes to facilities and other safety modifications necessary to provide services to customers in a safe manner and prevent outbreaks as well as to deal with future needs. Facility Modifications and Maintenance: $30,000 Purchase and installation of necessary equipment and or infrastructure that will better position the City's facilities to more fluidly practice social distancing and to improve general health/safety conditions related to COVID-type issues. Unallocated: $66,709 Remaining funds to be directed as needed to address COVID-19 pandemic. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council for the City of Oak Park Heights authorizes the City Administrator with consultation from the Finance Director to make limited adjustments to the spending plan as necessary to respond to changing conditions or guidance, cover additional yet unforeseen compensable expenditures, and to provide for the approval of individual contracts, policies or agreements necessary to carry out the spending plan. ADOPTED by the City Council for the City of Oak Park Heights Council this 28th day of July, 2020 Signed: Mayor Mary McComber Attest: City Administrator Eric Johnson Page 112 of 114 DEPARTMENT OF REVENUE Coronavirus Relief Fuad Certification Form The Coronavirus Relief Fund (CRF) C:rrrtihration Form must be submitted prior to disbursement of the funds. Submit by email to prvptax-ad,t� r t . or br mail to Top" Tax division, Mail Station 3340, St Paul, CMN 55146 Narr+e of Local Gwlwnmen.t tlf City or tnwn ineladf,(,uuny) 1 SWIFT Suppller IDA, (0knogm) Phone Number - City of Oak Park Heights 0000201 733 - 651-439-4439 Name and Tilde of Persrin ilIMng 4Yt Farm__.. -i Email Addre�; . Edc Johnson eajohnsan@cityo"kparkheights.cam By 5ubmkd% this appfication, the above-narned local government ( "local government) certifies that It will honor all commitments in the statements below and the Information and Requirements document. I. The distributed funds will he aced by the local govximrnent only to cover those costs that- P. hata. Are necessary expenditures incurred due to the public health emergency with respect to the Cor'onaVIRBS hcseaSe 2019 (COVID491 ('rrteCessary expenditures"), as described and defined by official federal guidanceon Section 641(d) of the Social Security Act, as added by 5ectlon 5001 of Puhlic Law 116-136 ("federal guidance"); b. Were not accounted for irk the budget most recently approved as of March 27, 2020, tar the local government; and c, Were or will be incurred during the period that begins on March 1, 2020, and ends on Retember 1, 2020, A Cost is incurred when the local government has expended funds to cover the cost 2. The funds distributM pursuant to this certification will not be used bythe local government in any manner contrary to federal guidance, This include5, but is not rimited to; a. Asa revenue replacement for lower than expected tax or other revenue rollectlons; and b. For expenditures for which the local government has received other emergent}[ CMID-19 supplemental funding for that same expense, regardless of the funding source. 3. The local government is responsih0p for repayment of any funds used by the total government in any manner contrary to federal or State of Minnesota guidance. 4. The local government will periodically report expenditures from the Coronavirus Relief Fund as required by Minnesota Management and Budget. S. Any aid amount remaining unexpended by an eflglble city or town on November 15, 2020, must be sent to the home county in which the City or town is located- For cities located in Hennepin County the funds must be transferred to Hennepin County Medical ranter or granted to another hospital in the coonty's boundaries. For the cities or towns located in Ramsey County the funds must be granted to Regions Hospitat or another hospioI in the county's boundaries. The transfer must be made no later than November 20, 2020, Any amaunt of aid remaining unexpended by an eligible ccunty by december 1, 2020 m ust be returned to Minnesota Management and Sudgret by December 10, 2020. 6. Th -0 I veal government wll I mai ntain tapirs of arty agreemen is to share Caronavlrus Relief Funds pursuant to a joint powers agreement under Mlnn-Stat. § 471.55_ Caples of such agreements and accounting records must he sufficient to do€urnent the funds distributed to other local governments. 7. The local government is responsible for FEMA nonfederal share, increased workers compensation costs, and costs of supot>rtirle its Cornmunity health Board COVD-19 response, and should not anticipate additional state funds for these pu rposes. 8. The local government understands that these funds are subject to the requirements under the Single Audit Act (31 U-. -C. §§ Tsui 750 d the rprovisions of the Uniform Guidance, 3 C.F.R. § 200.303 regarding internal controls, $§ 200.330 thro".M r Nidi• rg subrnlolent monitoring and management, and subpart F' regarding audit requirements, I certyy tffO f frrrr6e ti"t" tC CDrttPkW this MWfkat. OA blha*of the lox.af goverfrmerrt. Title C-rLl 44F,4;rad-Z7 I Name and CFDA Number: 603(d) of the Social Security Act (CARES ACA) CF DA Number 21.019 Page 113 of 114 THIS PAGE INTENTIONALLY LEFT BLANK Page 114 of 114