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HomeMy WebLinkAbout08-25-2020 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, AUGUST 25, 2020 CITY COUNCIL MEETING AGENDA 6:00 PM, or upon conclusion of preceding worksession, whichever is sooner CITY HALL COUNCIL CHAMBERS 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • Recycling Award(pg. 3) 6:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:10 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes—July 28, 2020 (pg. 5) C. Approve City Council Minutes—July 28, 2020 (pg. 7) D. Approve Special City Council Minutes—August 13, 2020 (pg. 11) E. Approve City Council Worksession Notes—August 18, 2020 (pg. 13) F. Approve Sending Letter to MN House and Senate Leadership for 2020 Bonding Bill (pg. 15) G. Authorize Staff to Contract with Court Surfaces & Repair, Inc. to Resurface Tennis Courts (pg. 17) 6:10 p.m. V. Public Hearings 6:10 p.m. VI. Old Business 6:10 p.m. VII. New Business A. Minnehaha Properties—Amended PUD —5280 & 5288 Stagecoach Trail (pg. 25) B. 58th Street Extension—Letter from Commissioner Gary Kriesel (pg. 111) C. Reschedule November 6, 2020 City Council Meeting for Canvassing Election Results (pg. 113) D. Select Date for Chief of Police Candidate Interviews with City Council (pg. 115) 6:55 p.m. VIII. Other Council Items or Announcements Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 116 7:00 p.m. X. Adjournment Page 2 of 116 4• Oak Park Heights Request for Council Action Meeting Date August 25, 2020 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature b , Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 116 4kCity Of Oak Park Hei hts 14168 Oak Park Blvd.N.Oak Park Heights,MN 55082.Phone(651)439-4439•Fax(651)439-0574 August 14, 2020 Ashley Holmes 15053 651h Street North Oak Park Heights, MN 55082 Dear Ashley: 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, August 13, 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! Jenni er Pinsk! City Clerk TREE CITY U.S.A. Page 4 of 116 Z4�- Oak Park Heights Request for Council Action Meeting Date August 25, 2020 Agenda Item Approve City Council Worksession Notes—July 28, 2020 Time Req. 0 Agenda Placement Consent Originating Department/Requester Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 5 of 116 0 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,JULY 28,2020 Present: Mayor McCornber, Councilmembers Dougherty,Johnson, Liljegren, and Runk; City Administrator Johnson, City Attorney Sandstrom, Police Chief DeRosier, Finance Director Caruso, Public Works Director Kegley, City Planner Richards,City Engineer Mann, and City Clerk Pinski. Absent: None. 1. Call to Order: Mayor McCornber called the meeting to order at 5:51 p.m. 2. 2021 Budget: Finance Director Caruso provided preliminary budget projections: 498 percent increase in the budget and a 7 percent increase in the tax levy. Police Chief DeRosier reviewed the police department budget. He said most increases were due to contractual agreements for employee pay increases and outside contractors. He reviewed capital outlays. Public Works Director Kegley reviewed his department's various budgets. He said there were no requests for major expenditures. He also reviewed budgeted projects. Caruso suggested scheduling the next meeting for late August when she would have better numbers for projection.Mayor McComber said she was approached to form an East Metro Mayors Association. She said dues would possibly be$5,000 per year. She requested that be included in the budget and also consider the City may soon be over 5,000 in population and would no longer be members of the Small Cities Association. Caruso reviewed the tax impact worksheet based on the estimates from Washington County. No action taken. 3. South Frontage Road Concept In-Hawse Discussion: City Engineer Mann reviewed traffic modeling at six intersections showing the existing versus with a development built. City Administrator Johnson said that the data showed that the concept facilitated north/south traffic flow, which was what Washington County's goal was,without the south frontage road. Mann said the next step was to finalize data for the next worksession. City Engineer Mann said Stantec did an analysis on potential impact to existing grocery stores. He said the conducted interviews and sales analysis with a potential HyVee. He said the first finding was a significant negative impact to Cub and Kowalski's with the potential of one or both closing.He said the second finding was the south frontage road had a negative affect on existing grocery stores versus if it wasn't built. He said his opinion was that the HyVee would require the south frontage road in order to come to that site. No action was taken. 4. Adjourn: The meeting was adjourned at 6:39 p.m. Page 6 of 116 � P Oak Park Heights Request for Council Action Meeting Date August 25, 2020 Agenda Item Approve City Council Minutes—July 28, 2020 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature --k�- - Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 7 of 116 CITY OF OAK PARK "EIGHTS TUESDAY, JULY 28, 2020 CITY COUNCIL MEETING MINUTES I. Call to Order/Approval of Agenda: Mayor McComber called the meeting to order at 6:39 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, City Clerk Pinski, Chief of Police DeRosier, City Attorney Kevin Sandstrom, City Engineer Mann, and City Planner Richards. Absent: None. Mayor McComber removed New Business Item E from the Agenda per the request of the City Clerk. Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported she attended meetings with Metro Cities, the league of Minnesota Cities, the Minnesota Association of Small Cities, the NLC Transportation Committee, the NLC Steering Committee, and Women in Municipal Government. She also reported that the Police Chief Hiring Committee met to talk about the next Police Chief, she had a call scheduled for the next day with the Center of Management and Budget regarding COVID, the next meeting of the JAZB was scheduled for August 12, and she would be participating in a program on Valley Access Channels with local mayors and the county commissioner. B. Councilxneznber Dougherty: No report. C. Councilmember Johnson: She reported the Parks and Trails Commission met and ranked priorities for projects in the park and trail system. She also reported she had calls scheduled for LMC and NLC policy committees. D. Councilmember Lilje;?ren: He reported he attended the Planning Commission meeting the previous week, and he also attended the Police Chief Hiring Committee meetings. E. Councilmember Runk: He reported the July meeting of the Middle St. Croix Watershed Management Organization was cancelled due to lack of business, and he attended the CVB meeting. F. Staff: City Administrator Johnson reported the Chief of Police had new EMS data, and he would provide that to the City Council before the end of August. City Clerk Pinski reported that Thomas Nguyen of 5935 O'Dell Avenue North and Anthony Fee of 5892 Oldfield Avenue North were chosen as the recycling award winners. Page 8 of 116 City Council Meeting Minutes July 28, 2020 Page 2 of 3 III. Visitors/Public Coninlent: Jim Kremer, 5475 Oakgreen Avenue North, thanked the City Council for the recd-ilitioli for his service on the Planning Commission. IV. Consent ALenda: A. Approve Bills & Investments B. Approve City Council Minutes—June 23, 2020 C. Approve Resolution Authorizing the Receipt of a donation from Carrie Ogaard to be Used for the City Parks D. Accept Donation for Memorial Bench at Autumn Hills Park E. Approve Construction License and. Agreement—MET Council Councilmember Liljegren, seconded by Councilmember Johnson, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearinus: A. Vacation Public Utility and Roadway Easement: City Administrator Johnson reported that Central Automotive previously applied for a CUP and it was approved by the City Council. He said as part of that they requested reduction of 10 feet from a 30-foot easement. Mayor McComber opened the Public Hearing. No comments were made. Councilmember Runk, seconded by Councilmember Liljegren,moved to close the Public Hearing. Carried 5-0. Councilmember Dougherty, seconded by Councilmember Runk, moved to approve the Resolution. Roll call vote taken. Carried 5-0.. V1. Old Business: None VI 1. Ne-,N, Business: A. Conditional Use Permit— 15242 64d' Street—Front Yard Setback Reduction: City Planner Richards reported that Rick Nelson made a request to construct an attached garage and house addition at 15242 641x' Street North. He reviewed his planning report. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Palmer Station—Amended PUD—Reduce Front Yard Setback Lots 7,8 & 9: City Planner Richard reviewed his planning report. Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 5-0. Page 9 of 116 City Council Meeting Minutes July 28, 2020 Page 3 of 3 C. Cover Park Volunteer Event: Councilmember Johnson reported that she was approached by resident Pam Patrick for weeding assistance on the slope along Peller Avenue at Cover Park. Johnson requested the City Council support a volunteer event to weed the garden with a budget of up to $500 on August 22, 2020. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the funding request. Carried 5-0. D. Police Officer—Hiring Process—Appoint Two Council Members: Councilmember Johnson, seconded by Councilmember Dougherty, moved to appoint Mayor McComber and Councilmember Runk to the process. Carried 5-0. E. Consider Proposed Amendments to Ordinance 1 409 Relating; to Sales Position and Use of Tobacco by Minors and Repeal Ordinance 1404: REMOVED F'ROMAGENDA F. COVID-19 Cl;R Spending Plan: City Administrator Johnson reported that the City received funding from the Federal Government under the CARES Act, and a proposed Resolution in the packet outlined some priorities for the City's use of the funds. Councilmember L11jegren, seconded by Councilmember Runk, moved to approve the Resolution. Roll call vote taken. Carried 5-0. VIII. Other Council Items or Announcements: None IX. Adjourn: Councilmember Liljegren, seconded by Councilmember Johnson, moved to adjourn at 7:07 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 10 of 116 P- Oak Park Heights Request for Council Action Meeting Date August 25, 2020 Agenda Item Approve Special City Council Minutes—August 13, 2020 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 11 of 116 CITY OF OAK PARD HEIGHTS THURSDAY, AUGUST 13, 2020 SPECIAL CITY COUNCIL MEETING MINUTES L Call to Order: Mayor McComber called the meeting to order. Present: Councilmembers Dougherty, Johnson, Liljegren and Runk. Staff present: City Administrator Johnson and City Attorney Kevin Sandstrom. Absent: None. II. Closed Session (closed pursuant to Minnesota Stat. 13.d.05) A. Cijy Administrator Performance Review: City Attorney Sandstrom reported that the City Council would go into a closed session for the purpose of a performance review authorized under Minnesota Statute 13.d.05. The meeting would be recorded as required by statute with the recording being kept for a period of two years. No formal action would be taken during the closed session. 111. Adjourn: Meeting was adjourned. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 12 of 116 e Oak Park Heights Request for Council Action Meeting Date August 25, 2020 Agenda Item Approve City Council Worksession Notes—August 18, 2020 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. I Page 13 of 116 h CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES THURSDAY,AUGUST 18,2020 Present: Mayor McComber, Councilmembers Dougherty, Johnson, Liljegren, and Runk; City Administrator Johnson, City Engineer Mann, and City Clerk Pinski. 1. Call to Order: Mayor McComber called the meeting to order at 6:00 p.m. 2. In House Discussion Only: Receive City Engineer Report/Staff Update Related to Washington County Frontage Road/Discuss Letter from Washington County Commissioner Gary Kriesel Dated August 10,2020: City Engineer Mann reviewed the traffic study results showing impacts at six intersections with and without the frontage road for the year 2040 and also with no development for the year 2040. Councilmember Dougherty noted the City did not have the money to contribute to the property per the Washington County cost-share policy. City Administrator Johnson provided the City Council with a memo from Finance Director Betty Caruso on the status of street reconstruction and maintenance funding.He said the County had requested the City withdraw its Resolution so they may be able to seek grant funding. He provided the City Council with a draft MOU with language that the City would withdraw its Resolution if the County agreed to take on all costs and responsibility of the City's roadway. Councilmember Runk was discouraged that Washington County was only engaging the City after all major decisions were already made by the County for the project, and that they did not follow the proper public process. Mayor McComber suggested the City set a Worksession with Washington County prior to the next City Council meeting. Councilmember Runk said the proposed MOU should be sent to the County right away and they could provide their position at the City's next City Council meeting. City Administrator Johnson said the City should present the County with the MOU and not hold a joint meeting. Mayor McComber said she would respond to Commissioner Kriesel's letter that the City was not interested in meeting but the matter would be on the City Council Agenda for August 25. McComber said she had a lot of questions for Washington County and would like to know what happened with the lack of communication.City Administrator Johnson said the County's cost-share policy had language that the Board could vary from the policy. The City Council directed Administrator Johnson to provide the MOU to Kevin Corbid to see if it would be accepted. No action taken. 3. Employee Recognition Event--Set Date and Details: City Council discussed options and set an Employee Recognition lunch for August 27 at noon at City Hall with box lunches being catered by Kowalski's Market. No action was taken. 4. Adjourn: The meeting was adjourned at 7:15 p.m. Page 14 of 116 Oak Park Heights Request for Council Action Meeting Date August 25th, 2020 Time Required: 1 Minute Agenda Item Title: Letter of MN House/ Senate—Leadership—2020 Bonding Bill Agenda Placement: Consent Agenda _ Originating Department/Requestor: Mary McComber, Mayor 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): I would like the City Council to please consider and authorize the sending of a letter expressing Council support to the Minnesota House and Senate Leadership encouraging them to continue to consider the possibilities of a 2020 Bonding Bill; and that the City's requested project of Norell Ave. and TH 36 remains a local priority for which their support is greatly encouraged. As all of you know,this project is in the Bonding Bill, but,the bill needs to pass in order to move forward. The date of the next Special Session has not been confirmed yet. I would like permission to sign and send the letter as soon as the date is known. Our next Council Meeting will be September 8, and I would like the letter ready to go. I have been continually working with our Lobbyist Ann Lenczewski. Page 15 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 16 of 116 Oak Park Heights Request for Council Action Meeting Date: Tuesday August 25, 2020 Agenda Item : Resurface Tennis court Time Req. 1 Minutes Agenda Placement: Consent Originating Department/Requ tor: Andy Kegley, Public Works Director Requester's Signature - Action Requested: Authorite staff to contract with Court Surfaces& Repair, Inc Background/Justification (Pease indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 17 of 116 11116 City of Oak Park Heights 14168 Oak Park Blvd N..Oak Park Heights.MN 55082•Phone(651)439-4439 e Fax 439-0574 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director i Date: 08/20/2020 Re: Tennis Court Resurfacing The Swager Park tennis court required only minor maintenance since its replacement in 2009, but it now needs resurfacing. Staff sought quotes for resurfacing which will include: - Cleaning the surface _ Fill and blending cracks - Patching low areas Applying two (2) coats of acrylic color coats to the surface - Repaint white lines for tennis Repaint lines for Picklebali The quotes are as follows: Company Quote Court Surfaces & Repair, Inc $11,475 Surface Pro $14,200 Tennis Court Doctor $15,979 The plan is to pay for the work using the tennis court resurfacing fund in budgeted projects. That particular fund has a balance of$20,000. Since Court Surfaces & Repair, Inc provided the lowest quote and can complete the work in 2020, 1 recommend the Council authorize staff to enter into an agreement with Court Surfaces & Repair, Inc to have the tennis Court resurfaced for $11,475. Page 18 of 116 Member • a5MRTSS-HOWEM Court Surfaces & Repair, Inc. • Troy D. Carlson c 16215 Yalta St. NE o Ham Lake, MN 55304 o 612-386-9171 9 Fax: 763-785-7929 thcarlson@msn.com • www.csr-l.com August 18, 2020 RE: SURFACING OF TENNIS COURTS Jaryd Marks f Oak Park Heights Park—(2) Courts(1,440s.y.) The process to surface courts is as follows: -High-pressure blow entire surface clean of dirt and debris. -High-pressure wash and scrub courts to clean any remove loose materials. -Fill and blend cracks to surface with acrylic crack patch binder. -Patch and blend low areas, ("birdbaths")to surrounding surface. -Apply(2)textured coats of acrylic blended resurfaces to fill surface imperfections. -Apply(2)textured acrylic color coats to the surface,colors red and dark green. *(CSR will using the SportMaster Color Coating System) -Upon curing roller apply 2"white playing fines specification. -Apply (2)sets of yellow Pickleball lines. *CSR will need a water source supplied near facility location. Total cost to clean, repair,surface and line courts is $ 11,475.00. CSR is fully insured for your project and will issue a certificate of insurance if requested.All work has a two-year manufacturer's warranty on materials used. Warranty does not cover saw joints. If you have any questions please call me @(763)-783-8086. The above price and specifications are satisfactory and are hereby accepted. CSR is authorized to do the above work specified. Payment is to be made upon completion of above specified work. Note: This proposal may be withdrawn if not accepted within 10 days, Date Accepted_/_/ Signature PO# (Please assign a PO#and or mail/fax one signed copy. Fax(763)-785-7929.) Thank you, /w l P oy D. Carlson Court Surfaces& Repair Inc. Tennis Courts • Pickleball Courts Basketball Courts Repairs Page 19 of 116 Tennis Court Doctor • tenniscourtdoctor@hotmai1.com • August 11, 2020 Oak Park Heights - 2020 Tennis Court Resurfacing c/o Jaryd Marks, Public Works THE TENNIS COURT DOCTOR WILL FURNISH ALL MATERIALS, LABOR,AND APPLY OVER 35 YEARS WORTH OF RESURFACING EXPERIENCE TO DO THE FOLLOWING WORK ON SET OF TWO TENNIS COURTS LOCATED IN OAK PARI{HEIGHTS, MN: WE INSTALL 100° FULL ACRYLIC TENNIS COURT'SURFACES WE WILL NOT USE EMULSIONS OR BLENDED RESURFACER COATS TENNIS COURT INSPECTION&PREPARATION: A. POWER WASH COMPLETE SURFACE WITH SURFACE CLEANERS OWNER TO PROVIDE WATER B. CLEAN&SEAL STRUCTURAL CRACKS EVIDENCE OF THE EXISTING CRACKS MAYBE NOTICABLE DUE TO THEIR RAISED(HEAVING)EDGES ACRYLIC TENNIS COURT SURFACING SYSTEM INSTALLATION: A. APPLY TWO SAND-FILLED 100%ACRYLIC RESURFACER COATS OVER THE COURT SURFACE r> SPECIFICALL Y DESIGNED TO BOND THE ACRYLIC COLOR COATING SYSTEM TO THE EXISTING SURFACE B. APPLY TWO ACRYLIC FINISH COLOR COATS OVER THE COURT SURFACE v COLOR:DARK GREEN C TAPE&HAND PAINT TENNIS PLAYING LINES TO REGULATION 2-USTA TENNIS COURTS TOTALCOST: ............................................................................................................................................................ $15,97900 SIGNATURE: DATE: EXPIRATION-Proposals wild remain valid for no more than 10 days unless signed/dated and returned. Existing structural cracks will re-open as hair line cracks due to asphalt shifting resulting from fluctuations in climate. The above proposal represents a cost-effective approach at confronting the existing surface damage in lieu of an asphalt overlay of the entire court surface. The existing color coat that does not come offduring power washing may"reflect through"or"bubble under"the new color coating. i CO ALLY, l RIC (D A. KUNZ The r n�is Court Doctor 1600 18"Ave NE • #18458 • Minneapolis, Minnesota 55418 Phone: (763) 545-7946 • Mobile: (612) 501-8264 Website:TennisCourtDoctor.cgm Page 20 of 116 PROPOSAL BURFAXCE PRQ 3731 Thurston Ave Suite 103 Anoka MN 55303 612-245-0750 www.surfacepromn.com Proposal Date: 8/17/2020 Proposal Submitted To: City of Oak park Heights Attn:laryd Marks .f ill:ft -etilt4'�fQ3kfl8fkflC;t�„i1f .�G[Fi Page 21 of 116 We hereby bid to complete the follovOng: Resurface 2 outdoor tennis court :Sin'-lace inspection and Clecnring: • t,ourt��ill be cleaned thoroui*hly to remove all dirt and residue from the surface. •Clear entire court of debris. •Power wash all loose materials and debris from every part of the surface. *Note: this process will take an on site water supply Court Inspection: • Chips,Cracks, Dings-These areas will be repaired with pordand and binder filler,applying pressure with a tool,. such as a putty knife or trowel.This is done to insure that material comes in contact with all surfaces of the crack or void.The filler will be allowed to set a minimum of one hour.If material shrinks below grade level,material �a it] be reapplied in the same manner and allowed to set. S'r.rrl�uira,�Reszry facing.. • Apple Lwo squeegee coats of Acrylic Resurfacer(ACR)will be applied in strict accordance with the SportMaster product specifications and guidelines. Surface coats will be applied at the manufacturer's recommended rates per square yard for each coat. Painting • •Apply two squeegee coats of SportMaster Calor-plus Acrylic Tennis Court Paint in strict accordance with the SportMaster product specifications and guidelines. Acrylic paint coats will be applied at the manufacturer's recommended rates per square yard for each coat. Line the courts using white U,S'TA approved lirrc paint. Colors to be dark green and red with white lines * Also paint two pickleball courts in yellow or blue • Total for resurfacing 2 full size tennis court,price includes all materials and labor: $14,200.00 Notes: Water will need to be provided for SurfacePro on site. Courts are very dirty Page 22 of 116 Payment information payment upon completion. WARRANTY AND NOTES: All workmanship is warrantied for 2 years,this includes and is limited to issues of pealing or de-lamination due to improper installation. De-lamination can occur due to water penetration and sitting water in puddles or low corners of the court,this is not covered in the 2 year warranty. CRACKS: 1.Crack-filling does not imply crack elimination.Cracks can and often will reappear.This is normal, it is tailed reflection. 2. Surface Pro LLC is Not responsible for existing grades and drainage or compacting existing base. 3. Cracks if not patched will continue to expand over a period of time and conventional repair methods may become unavailable. 4. Surface Pro LLC is not responsible for cracks returning after repair. 5.A monthly finance charge of 3%will be added to any payments past due. *This estimate is based solely on the contractor's observations at the time of entering into this contract. If additional concealed conditions are discovered once the work has commenced,which were not visible at the time of entering into this contract, Contractor will identify the unforeseen conditions and notify the Customer of any additional costs,if any. *Customer agrees to pay for all unexpected or unanticipated extra costs, including but not limited to,soil corrections,protection of the project from weather conditions and all other similar costs. Customer will be responsible for all additional costs and time for work due to concealed conditions. Such conditions may also extend the time for completion of the work under this contract. *Estimate does not include any allowance for hazardous waste removal. At]hazardous waste removal will be treated as an unforeseen condition. *The construction site will be a dangerous area. Customer waives all claims against builder for injuries or damages that customer or any member of customers family,friends,or guests may suffer while on or around the property during construction due to these and other hazards. *All unforeseen conditions will be treated on a time and materials basis at the rate of $65.001 hour plus materials. - We vt i I I remove all waste generated from our work. - Contractor is not responsible for pets not properly restrained leaving the property. -Direct contact with your job supervisor will be available to you at all times should you have any questions or concerns. All material is guaranteed to be as specified, and the above work to be performed in a substantial workmanlike manner with payments made as follows. Page 23 of 116 Pre Lien Notice a. Any person or company supplyin labor or materials for this improvement to your property may File a lien against your property if that person or company is not paid for the contributions. b. Under Minnesota law,you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 124 days atter completion of the improvement unless we give you a Iien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. Respectfully submitted Mike Langmade This proposal may be withdrawn by u-N- if not accepted within 30 days. Any alteration or deviation ,fi-om above .Ypecications involvin y extra costs 1011 be executed only upon written order (minimum change order cost is $100.00), and will become an extra charge over and above the proposal price. All agreements are contingent upon accidents, or delalls beyond our control. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above.. Signature Date Page 24 of 116 Oak Park Heights Request for Council Action Meeting Date August 25th, 2020 Time Required: 5 Minutes Agenda Item Title: Minnehaha Properties —Amended PUD— 5280& 5288 Stagecoach Trail. 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 August 6th, 2020 as presented to the Planning Commission; 2. Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution. Page 25 of 116 3601 Thurston Avenue N, Suite 100 &)dnuAb2 Anoka, MN 55303 Phone; 763.231.5840 Facsimile: 763.427.05 20 TPCTPC§PlanningCo.corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: August 6, 2020 RE: Oak Park Heights— Minnehaha Properties, LLC Conditional Use Permit for School Bus and Vehicle Storage - 5280 and 5288 Stagecoach Trail North TPC FILE: 236.02 — 20.07 BACKGROUND Idiris Mohamud of Minnehaha Properties, LLC has made application for use of the site at 5280 and 5288 Stagecoach Trail North for bus fleet management offices, school bus maintenance, and for the storage of up to 100 school buses. This application consists of a request for a Conditional Use Permit similar to the request that was made and approved by the City Council in May 2008 when the property was used as a bus garage with outdoor storage of school buses. No exterior changes to the site or building are proposed with this request. A Conditional Use Permit was issued in September 2019 to allow a truck repair operation. The site is zoned I Industrial District. General vehicle repair is a permitted use, but the outdoor storage of vehicles is a listed Conditional Use. The Conditional Use Permit granted by the City Council in 2008 allowed for the outdoor storage of school buses and for a landscape contractor to operate on the site. The site was allowed to store up to 100 school buses. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Site Plan (C100) Exhibit 3: Planning Report—April 30, 2008 Exhibit 4: Conditional Use Permit - Landscape Business and Outdoor Storage of Buses, Date Issued —June 9, 2008 Page 26 of 116 Exhibit 5: Site Pictures PROJECT DESCRIPTION The Applicant has provided a project narrative that is found as Exhibit 1 of this report. `Applicant/Owner Minnehaha Properties LLC ("Applicant') has entered into a lease with Independent School District No. 834/Stillwater Area Public Schools (the "District') for the property located at 5288 Stagecoach Trail North, Oak Park Heights, MN 55082 and at 5280 Stagecoach Trail North, Oak Park Heights, MN 55082 (the `Property'). All of the land at this location, and the improvements located thereon, have been leased to the District for a period of one year, with three renewal periods of one year each exercisable by the District. The space will be used for bus fleet management offices, school bus maintenance, and for the storage of up to 900 school buses. The use will be consistent with that allowed under the Conditional Use Permit dated June 9, 2008, file no. 798.02-08.04, pursuant to which the property was used for busses serving the District until October 2019. In fact, at this time, the District is actually leasing more of the Property to serve the same number of buses—ie., 100. Fuel will be dispensed to the vehicles on site by a fleet fueling delivery service, which will use a fuel truck to serve the busses. Currently, 90 parking spaces are equipped with plug-ins to allow busses to be warmed with a minimum of bus idling on site; that is sufficient for all diesel buses which will be kept at this location. The hours of operation at the facility shall be weekdays during the school year from 5:30 a.m. through 7.00 p.m., and as needed occasionally on weekend days from 7:00 a.m. to 6:00 p.m. The District is subletting the space to its bussing services provider, Metropolitan Transportation Network, Inc. We look forward to working with the City of Oak Park Heights to provide a vital service to the school age children of the Stillwater Area School District, while also being good neighbors to those who live and work near the Property. ISSUES ANALYSIS Comprehensive Pian. The property is designated as Business/Residential Transitional on the Proposed Land Use Map. This land use has been designated for this area to accommodate a potential future land use change. Zoning. The property is zoned I Industrial District. General vehicle repair (repair garage) and body work and painting are permitted uses in that district. Open and outdoor storage is a Conditional Use. Review of the criteria for the Conditional Use Permit is found later in this report. Surrounding Uses. The adjoining uses to this site are: North —Vacant Lot/Single Family Residential South —Single Family Residential 2 Page 27 of 116 East Minnesota Correctional Facility Stillwater • West— Perro Pond Setbacks. There are no changes planned onsite to the parking areas and buildings. The parking areas are setback from the property lines, with berms and planted with an evergreen barrier. Traffic Circulation/Curb Cuts/Security Gate. The existing curb cut will remain for access to Stagecoach Trail North. A security gate has been installed at the entrance to the site. A rapid entry lock box will need to be installed to provide police, fire, and other emergency services access. Hours of Operation. The Applicant has proposed that the facility be open from 5:30 a.m. to 7:00 p.m. Monday through Friday during the school year, and as needed occasionally on weekend days from 7:00 a.m. to 6:00 p.m. Building Occupancy. The site plan indicates the following building occupancies. 9. Maintenance Shop — 2 to 8 mechanics providing routine maintenance for school bus fleet. 2. Wash Bay— 4 to 8 employees when washing buses. 3. Main Office — 6 full time once staff and 120 bus drivers and aides checking in and out through the day. 4. Bus Inspections — 2 to 8 mechanics inspecting busses and diagnosing mechanical and electrical issues. Parking. Parking requirements for outdoor bus facilities are not outlined in the Zoning Ordinance. The submitted site plan indicates a total of 100 bus, 127 employee, 15 van, 6 visitor, and 6 disability accessible spaces. With a maximum of 100 buses parked at a time, there will be adequate parking. The bus facility was previously permitted to a maximum of 100 buses, with no major parking issues noted in recent years. Adequate circulation for fuel deliveries and bus traffic is provided on site. No parking of visitors or employees is allowed on Stagecoach Trail. Trash Enclosure/Tire Storage. All trash, recycling and tire storage shall be required to be fully screened. Fueling Plan. The site plan indicates the following. It is anticipated to have a truck with a 2,500-gallon diesel tank kept on site. This truck will be driven onsite to fuel buses between routes. In addition to the fueling truck, a 2,000-gallon gasoline tank and 9000- gallon diesel tank will be placed inside of the fuel storage area for additional fueling. Fueling of fleet vehicles and deliveries of fuel will take place during normal business hours. Two employees will be dedicated to fuel all vehicles. Environmental. The previous Conditional Use Permit required the submittal and approval of a Stormwater Pollution Prevention Plan by the Minnesota Pollution Control Agency (MPCA). The Applicant should verify that that permit is in place with the 3 Page 28 of 116 MPCA. A Spill Prevention Control and Countermeasures Plan (SPCC) is required for any facility with above ground site storage facilities for petroleum exceeding 1,320 gallons. In addition, the MPCA will also require submittal of a Notification for Above Ground Storage Tank once a new tank is installed. The City will require the Applicant to receive a building permit and provide verification that all permitting is completed when the tanks are placed. Paint Booth. A paint booth had previously been installed but is not operational. A new self-contained paint booth will be installed. Any ventilation or other requirements for the paint booth will need to be addressed and permitted by the City. Grading/Drainage/Utilities. With previous addition of curb, gutter, and adequate stormwater drainage facilities, there are no issues with the bus and vehicle storage areas. The City Engineer shall approve any changes, if proposed, to the stormwater for the site. Landscaping. As part of the previous bus garage Conditional Use Permit, the perimeter of the site was landscaped, and a berm installed to address screening issues. The City Arborist should review the trees and the screening and determine if any additions or maintenance should be done. Mechanical Screening. Any new exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. Signage. Freestanding Signs. The existing freestanding sign on Stagecoach Trail will be used for the business. Wall Signage. No wall signage is proposed at this time. Sian Illumination. All existing and new signs, if proposed, will be required to comply with the Zoning Ordinance sign and lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Lighting. The existing light fixtures will be required to be replaced or provided with shields so that they are full cut off. Any changes to the lighting will require City review and installed in compliance with the lighting standards of the Zoning Ordinance. Outdoor lighting for parking lots shall be turned off one hour after closing, except for approved security lighting. Noise. In 1999, when the bus garage was first approved, there was considerable concern related to adding of buses and back up warning systems. As a result, conditions related to all buses being backed into their respective spots at the end of the day and requiring block heaters and heater plugs will again be required. 4 Page 29 of 116 Design Guidelines. There are no changes to the building proposed at this time. Any exterior changes that require Design Standards review will need to be addressed by the City. Conditional Use Permit Review Criteria. 401.32.E. Conditional Uses 1. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. Comment: The area is screened from view with a berm and existing landscaping. b. Storage is screened from view from the public right-of-way in compliance with Section 401.15.E. of this Ordinance. Comment: The area is screened from view with a berm and existing landscaping. The City Arborist should comment if there are any tree maintenance issues or if additional trees should be added. C. Storage area is grassed or surfaced to control dust. Comment: The lot is paved and surrounded with curb and gutter. Adequate storm water facilities are in place. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.15.8.7 of this Ordinance. Comment: The existing light fixtures will be required to be replaced or provided with shields so that they are full cut off. e. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria for Conditional Use Permit is reviewed as follows in this report. Section 401.03.A.7 The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 5 Page 30 of 116 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7_ Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (ie., parking, loading, noise, etc.). Comment: The Planning Commission should comment if any of these criteria will be at odds with the Conditional Use Permit proposed for the site. City Staff does not see any issues in that the bus maintenance and storage has been a previous use of the site with few neighborhood issues. CONCLUSION 1 RECOMMENDATION Subject to the preceding review, City Staff recommends approval of a Conditional Use Permit for use of the site at 5280 and 5288 Stagecoach Trail North for outdoor storage of school buses and vehicles subject to the following conditions: 1. The number of buses allowed on site shall not exceed 100. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Stormwater Pollution Prevention Plan and Notification for Above Ground Storage Tanks to the MPCA. 4. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 5. The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the maintenance operation. 6. The Applicant shall comply with all Building Code requirements for the fuel tanks and installation of a paint booth. A Building Permit shall be required from the City for the fuel tank and paint booth installation. 7 Block heaters and heater plugs shall be installed on all buses operated out of the facility at 5280 and 5288 Stagecoach Trail before commencement of operations. 6 Page 31 of 116 8. An operations plan shah be developed and enforced, subject to the review and approval of City Staff, requiring all buses shall be backed into their respective parking spaces at the end of the day's operation. 9. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 10. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 11. All lighting fixtures shall be full cut off and provided with shields in compliance with the lighting standards of the Zoning Ordinance. 12. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 13. The City Arborist should comment if there are any tree maintenance issues or if additional trees should be added for screening and the Applicant shall take appropriate corrective measures. 14. Signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 15. All noise generated from the business shall be compliant with Section 401.15.6.11 of the Zoning Ordinance. No vehicle repair shall be conducted outside. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 16. 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. 17. There shall be no outside storage, including trash, recycling, tires and vehicle parts unless enclosed with a screen. 18. Hours of operation shall be limited to 5:30 AM to 7:00 PM Monday through Friday and from 7:00 AM to 6:00 PM Saturday and Sunday. 19. No vehicle parking shall be allowed on Stagecoach Trail. 20. Emergency vehicle access and business operations related to fuel dispensing shall be subject to review of the Police Chief and the Fire Marshal. 7 Page 32 of 116 21. All Conditional Use Permits previously issued by the City of Oak Park Heights for 5280 and 5288 Stagecoach Trail North shall be deemed revoked and canceled as part of and in consideration of the grant of this new Conditional Use Permit. PC: Julie Hultman 8 Page 33 of 116 CONDITIONAL USE PERMIT APPLICATION MINNEHAHA PROPERTIES LLC PROJECT NARRATIVE JUNE 15, 2020 Applicant/Owner Minnehaha Properties LLC ("Applicant") has entered into a lease with Independent School District No. 834/ Stillwater Area Public Schools (the"District") for the property located at 5288 Stagecoach Trail North,Oak Park Heights, MN 55082 and at 5280 Stagecoach Trail North,Oak Park Heights, MN 55082 (the"Property"). All of the land at this location, and the improvements located thereon, have been leased to the District for a period of one year, with three renewal periods of one year each exercisable by the District. The space will be used for bus fleet management offices,school bus maintenance, and for the storage of up to 100 school buses. The use will be consistent with that allowed under the Conditional Use Permit dated June 9, 2008, file no. 798.02-08.04, pursuant to which the property was used for busses serving the District until October, 2019. In fact,at this time, the District is actually leasing more of the Property to serve the same number of busses —i.e., 100. Fuel will be dispensed to the vehicles on site by a fleet fueling delivery service, which will use a fuel truck to serve the busses. Currently, 90 parking spots are equipped with plug-ins to allow busses to be warmed with a minimum of bus idling on site;that is sufficient for all diesel busses which will be kept at this location. The hours of operation at the facility shall be weekdays during the school year from 5:30 a.m. through 7:00 p.m., and as needed occasionally on weekend days from 7:00 a.m. to 6:00 p.m. The District is subletting the space to its bussing services provider, Metropolitan Transportation Network,Inc. We look forward to working with the City of Oak Park Heights to provid e a vital service to the school age children of the Stillwater School District, while also being good neighbors to those who live and work near the Property. Page 34 of 116 cfkbit 2 UM NY1'SJH013H XHVd WO O MOSS VLOMNNIY4'L3LVMTSLS HLLON-ML MOV003EWJS e6ZS-OSZR >€ L Sale Ln Seel Cameo 133L1S A3133LO Hjncs 5LSL lily ! suss NrL'•w„Newn Ali ovi sne 'aul%uNaw 3 SlOOHOS 011Bnd SIOOHOS 011snd 231�`1 uosae� b'32iW a31b'MllI1S V3NV'd3ldMllllS Kw HINi e; ° 11 a A r f C,9 �uW,ea eaAn�dw3!. — dy c r Lm I. R y Z� $ y 0 } �� Z' , cu 2 c C o 3 C W y Q DO l--E — �3 ��r '•.f �' 22 N Y dL W N C v — a mq, 3 m ° LLNO a CL 0 ca u � N9 E a N fw — —; f.' •r r.�a j pp Le 00 LD a lu 92 c a L a b ?m c w 3 7 LaalMl -AM a 1e$v 49 � 8414jed sng i" SL14led sng � o Je ff11 i �1. .. R Page 35 of 116 V`! ' NORTHWEST ASSOCIATED CONSULTANTS , INC . 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 w �r Telephone: 783.231 2551 Facsimile: 763.231.2581 plan ners(q)nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 30, 2008 P.E: Oak Park Heights— Stephan Stagecoach Property LLC Open and Outdoor Storage Conditional Use Permit for Horticultural Services and School Bus Storage FILE NO: 798.02 — 08.04 BACKGROUND Barbara Stephan of Stephan Stagecoach Property LLC at 5280-5302 Stagecoach Trail North has made an application for a conditional use permit to allow open and outdoor storage of equipment and materials at their operation located at 5302 and 5296 Stagecoach Trail North. This is the site formerly occupied by First Student Inc. for school bus storage and repair operations. The conditional use permit application has also included the allowance for Stillwater Area Schools to lease a majority of the site and the buildings at 5280 and 5288 to allow for exterior storage of buses. The previous conditional use permit for outdoor bus storage for Ryder Student Transportation Services that was approved in 1999 and amended in 2001 for First Student has now expired. The property is zoned I, Industrial District. Open and outdoor storage is a (listed conditional use permit within that district. The landscape business and school bus office/repair operations that are internal to the existing buildings are permitted uses in this district. Attached for reference: Exhibit 1: Site Plan (narrative exhibit C) Exhibit 2: Fuel Tank Details (narrative exhibits F, G1 & G2) Exhibit 3: Project Narrative (narrative exhibit A ispart of exhibit 8 &Planning Report Exhibit 6) Exhibit 4: Trash Enclosure Picture (narrative exhibit E) Exhibit 5: Access Permit—Washington County Page 36 of 116 Exhibit 6: 1999 Conditional Use Permit for Bus Storage (narrative exhibit B) Exhibit 7: Site Photos (narrative exhibit D) Exhibit 8: Memo From City Arborist PROJECT DESCRIPTION Commercial Landscape Business. Horticulture Services LLC is a company headquartered out of Scandia, Minnesota that provides commercial landscape services including landscaping and irrigation maintenance, as well as seasonal color plantings. The landscape business seeks to continue operations out of the buildings at 5302 and 5296 Stagecoach Trail North and to allow for the outdoor storage of equipment and materials. The site plan, found as Exhibit 1, indicates the area of the site to be occupied by the landscape business and where the materials are to be stored. The applicant has indicated a desire to add a covered shed, behind 5302, that would provide salt storage and pallets of bagged fertilizer. The applicant will need to clarify the proposed location of this shed. The building plans and details of this shed would need to be approved by City staff. The application requests the conditional use permit to store the following landscape maintenance equipment and materials outdoors: • A maximum of nine 26 foot and four 14 foot landscape trailers. • A maximum of six trucks (%to 2%ton size). 4 A maximum of four skid steer loaders or landscape tractors. * A maximum of six landscape implements such as roto-tillers, turf aerators, and brush chippers to be stored to the west of the 5302 building. • A maximum of three 9Y2 foot snow plows (pickup truck size) to be stored to the west of the 5302 building. A maximum of 12 pallets of bagged lawn fertilizer or ice melt to be stored directly behind (west) of the 5302 building. Bags will be palletized, unopened, and shrink wrapped. School Bus OperationsiStorage. The site plan and narrative indicate that 5288 and 5280 Stagecoach Trail North and a majority of the site would be occupied by a bus transportation company that would sub-lease the space from the School District. The bus company has not been identified at this time. The company would have offices and conduct repair activities in the buildings. The current application requests permission to park a maximum of 100 school buses outdoors. The previous conditional use permit allowed for a maximum of 120 buses. Above Ground/Outdoor Storage of Fuel. The applicant proposes to place an above ground storage tank with a fueling island as indicated on the site plan. There would be one 14,000 gallon tank containing diesel and gasoline. All Federal, State, County, and City requirements for storage and dispensing motor fuels would be complied with. The City shall require the applicant to screen the tank on all sides with a fence, to be approved by the City, or bury the tank underground. 2 Page 37 of 116 ISSUES ANALYSIS Conditional Use Permit Criteria. The outside storage of landscape materials and equipment, buses and fuel storage is a conditional use subject to conditions outlined in Section 401.32.E.1 of the Zoning Ordinance: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E of the Zoning Ordinance. As part of the approvals in 1999, the applicant was required to provide additional frees, especially on the south end of the site adjacent to Stagecoach Trail North. Additionally, trees were required south of the Bell property. Staff observation of the site indicates that there are gaps in the screening trees along Stagecoach Trail, especially on the south end of the site. Additionally, some of the evergreen trees on the north end of the site along Stagecoach Trail have died and will be required to be removed and replaced. The applicant has provided a landscape plan indicating the removal of trees and the trees to be replaced. All changes to the landscaping shall be subject to review and approval of the City Arborist. b. Storage is screened from the public right-of-way in compliance with Section 401.15.E of the Zoning Ordinance. With replacement and the addition of additional trees in the berm along Stagecoach Trail North, the site will be adequately screened from the public right-of-way. C. Storage area is grassed or surfaced to control dust. The site was previously required to be paved and provided with curb and gutter to address surface runoff. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.15.13.7 of the Zoning Ordinance. Previously, lighting was installed on site in compliance with requirements of the Zoning Ordinance. If any additional lighting is added to the buildings or site, it will need to be in compliance with the Zoning Ordinance. . The provisions of Section 401.03.A.8 of the Zoning Ordinance are considered and satisfactorily met. Staff has reviewed the criteria and, based upon the fact that the bus operation had previously occupied the site without major incident, the conditional use permit should be considered for approval. 3 Page 38 of 116 Environmental. The existing conditional use permit required the submittal and approval of a Stormwater Pollution Prevention Plan by the Minnesota Pollution Control Agency (MPCA). That permit is in place and on file with the MPCA. A Spill Prevention Control and Countermeasures Plan (SPCC) is required for any facility with above ground site storage facilities for petroleum exceeding 1,320 gallons. Once installed (if approved by the City), the plan is submitted to the Environmental Protection Agency (EPA). The plan is reviewed and kept on file by the EPA. The MPCA will also require submittal of a Notification for Above Ground Storage Tanks once the tank is installed. The City will require the applicant to receive a building permit for the tank installation. Trash Storage. The site plan indicates trash and recycling enclosures adjacent to Buildings 5302 and 5280. The enclosures shall be constructed of cedar fencing with doors. The proposed enclosures shall be adequate for this site. Noise. In 1999, when the bus storage proposed was first discussed, there was considerable concern related to adding of buses and the back up warning systems on the buses. As a result, conditions related to requiring all buses to be backed into their respective parking spaces at the end of the day and requiring block heaters and heater plugs on all buses will again be required. Hours of Operation. The project narrative, found in Exhibit C provides a detailed summary of the hours of operation for the landscape maintenance contractor and the bus contractor. The Planning Commission and City Council should review the proposed hours and comment if any additional conditions shall be added to this approval. Parking. Parking requirements for bus facilities and landscaping service businesses are not outlined in the Zoning Ordinance. The submitted site plan indicates a total of 112 bus parking spaces and 113 car spaces. With a maximum of 1.00 buses proposed, there is more than adequate space for both the landscape business and for bus storage and bus driver parking. Adequate circulation for fuel deliveries and bus traffic is provided on site. The plan indicates a common area that will be kept open for vehicle circulation. Grading and Drainage. With the previous addition of curb, gutter and adequate stormwater drainage facilities, there are no issues with the landscape business or bus operations. The City Engineer shall approve any changes, if proposed, to the stormwater drainage for the site. Landscaping and Signage. The parking lot lighting approved in 1999 has not changed. One additional light is proposed at the outdoor fueling station. All existing and proposed light shall be in conformance with the lighting standards as specified in the Zoning Ordinance. 4 Page 39 of 116 CONCLUSIONS/RECOMMENDATION The outside storage of landscape equipment and materials and the outdoor storage of buses proposed for this site generally satisfies the Zoning Ordinance criteria for such uses. The subject site is planned and zoned for industrial uses. With addition of the additional screening as proposed, the site is well buffered to adjacent properties. With the conditions of approval, the proposed use should have a minimal impact to traffic, noise, air quality, or other pollution issues. The conditional use permit for open and outdoor storage is recommended with the following conditions: 1. The number of buses allowed on site at any one time shall not exceed 100. 2. Any plans for a covered shed to the rear of 5302 Stagecoach Trail North shall be approved by City staff. 3. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 4. The applicant shall submit a Notification for Above Ground Storage Tanks to the MPCA once the tank has been installed. 5. The applicant shall submit a Spill prevention and Control Countermeasure Plan to the EPA and to the City. 6. The applicant shall receive and retain a Hazardous Waste Generators Service from Washington County for the landscape business and bus operation. 7. The fuel tank shall be screened with a fence on all sides, as approved by the City, or be completely placed underground. 8. The tree removal and replacement plan shall be subject to review by the Planning Commission and approval by the City Arborist and City Council. 9. All signage and lighting existing and proposed for the site shall be compliant with the Zoning Ordinance, 10. Any changes to the grading and drainage patterns of the site shall be subject to the review and approval of the City Engineer. 11. Block heaters and heater plugs shall be installed on all buses operated out of the facility at 5280 and 5288 Stagecoach Trail before commencement of operations. 12. An operations plan shall be developed and enforced, subject to the review and approval of City staff, requiring that all buses shall be backed into their respective parking spaces at the end of the days operation. 5 Page 40 of 116 13. The plan for the hours of operation as developed by the applicant shall be subject to the review of the Planning Commission and approval of City staff and the City Council. 14. Annual review is hereby imposed as a condition of this permit. This permit shall be reviewed on or about June 1 of each year and may be amended or altered in the discretion of the City Council. 15. Any other conditions of the Planning Commission, City Council and City staff. 6 Page 41 of 116 in It L tis gig z qC t q �boo Page 42 of 116 EXHIBIT I E • Tested by Southwest Research Institute to Wit 97-04 requirements for fire-resistant tank performance Complies with NEPA 30A-2000, Code fire-resistant tank requirements Horizontal,vertical and rectangular designs available Double-wall design offers integral cocondary containment which can be tested for tightness on site throughout tank life • Diked design also available Interstitial spam can bo monitored for leak detection i Tested by Swill to Comply with NFPA 3OA-2000 Fire-Resistant Tank Requirements a-Wtea swfM I .. _............. ...... Support designs available for all seismic zones Primary storage tank and secondary containment compatible with a wide range of fuels and chemicals Built to nationally-recognized STI standards with strict third-party quality control inspection program • Customized compartments can be provided for cost effective multi-product storage + Capacity rangyµup to 50,000 ffallobss Available from a large: network of STI licensed i manufacturers The rlameshieV' is avaifable from an exb�mswe grOUP Of STI Members, erisu4-mg labrl-calion 'o We highest po�sihle standard,;. Page 43 of 116 STS.Pl4AH 5TA UACH COP i.XI415IT 1-- Flameshield® Fire-Resistant Double-Wall Aboveground Storage Tanks OPTIONAL MONITORING MANWAY PIPE SECONDARY TANK PRIMARY TANK SIDE VIEW END VIEW INTERSTICE •STI Flameshield'and SwRI 97-04 labels •Capacity ranges up to 50,000 gallons •300°or 36011 outer wall for secondary containment •Easily relocated •Variety of approved supports available Flamexhieldlo Guideline Specification A) General 1. Provide Flameshield•fire-resistant:double-wall manufactured in accordance with Underwriters aboveground storage tanks Laboratories UL 142,Standard for Steel B) Labeling Aboveground Tanks for Flammable and Combustible Liquids. Integral secondary 1. Tanks shall bear the Steel Tank institute containment provides testability and access for Flarrieshieid* fare-resistant,double-wall interstitial Ieak detection monitoring. Approved identification label, supports are used for all henzontal double—wall 2. Aboveground tames shall bear Southwest tanks- Research Institute label for fire-re—Mstant tank, 3, (Ii needed)Supports are de:siererf to meet choice Product Description ofseismic zone 1-4. 1. Tankm sluill tics nranufa actcerc a D) Manufacturer with Steel Tank Institute Flameshield',Standard I. I�anufal hirer shall bo a fice:i4ed nietn�r rrnnliaat} for Aboveground Fire-Re-sista nt Tanks. of the Steel Tank Institute and subject to Steel 2 ,Aboveground tank primary and secondary "f al l; Institute's Quality Assurance pfogmiri. contaitiment(inner and outer walls)arm Use the STI Technology Guide online f'ar your next Flatrrl«eshleW Specification! All you need in tanks! FnTank lnstitute A division of STI/SAFA 570 Oakwood Road Lake Zurich, IL 60047 Ph 817.438,8265 Fx W,438.8766 Web www.steellank.com iab4•z.W-1tvm 41sa..O"i Page 44 of 116 b p CL .,.ki +w b p Page 45 of 116 Conditional Use Permit Narrative Submitted With the CUP Application by Stephan Stagecoach Property LLC For 5280—5302 Stagecoach Trail N. To City of Oak Park Heights, NIN April 9, 2008 Revised April 25, 2008 In accordance with Ordinance 401.32.E.1, the attached application seeks a conditional use permit at the above referenced property (Exhibit A) for the outdoor parking of school buses and the outdoor storage of landscape maintenance equipment and materials. The school bus contractor and the landscape maintenance contractor are the only two tenants proposed to occupy this site. School Buses A CUP, File # 798.02-98.07 (Exhibit 1=3) was approved for school buses at this same property on_ May 25, 1999. As part of the approval process for the 1999 CUP extensive site work was completed as per approved plans dated 9121199. Such improvements included, but were not limited to, paving, curbing, stormwater retention, grading, lighting, planting for screening and the addition turn and bypass lanes on Stagecoach Trail N. The entire site, both paved and green space, drains into two retention ponds located on the north side of the property. The aforementioned CUP from 1999 allowed a maximum of 120 buses to be parked outdoors. School buses were present on this site as recently as 2005. The current application seeks permission to park a maximum of 100 school buses outdoors (Exhibit C). Landscape Maintenance Eguipment and Materials The current application also seeks permission to store outdoors (Exhibit C): A maximum of nine (9) 26 ft. and four (4) 14 ft, landscape trailers A maximum of six (6) small to medium size trucks (314 to 2 '/Z ton size) A maximum of four (4) skid steer loaders or landscape tractors A maximum of six (6) landscape implements such as roto-tillers, turf aerators, and brush chippers to be stored to the west of the 5302 building A maximum of three (3) 9 'A ft. snow plows (pickup truck size) to be stored to the west of the 5302 building A maximum of twelve (12) pallets of bagged lawn fertilizer or ice melt to be stored directly behind (west) of the 5302 building. Bags will be palletized, unopened, and shrink wrapped. Once a pallet of bags is opened, the entire pallet will be moved indoors. No single bags or opened bags will be stored outdoors. Page 46 of 116 Stephan Stagecoach LLC CUP Narrative Page 2 April 9, 2008 Revised April 25, 2008 . r7ir Finding 5e of the aforementioned CUP from 1999 states, "The existing and proposed vegetation on the site will serve to mitigate any negative impacts to existing development." The trees present in 1999 are still present and they have grown in size. The proposed vegetation cited in the earlier CUP consisted of new tree plantings on the north and southeast of the property perimeter. These plantings were installed in 1999 and the trees have subsequently increased in size. Some of the screening trees present or planted in 1999 have died, are missing or are degraded by disease. Exhibit C shows proposed planting of 33 replacement spruce trees. Included herein as Exhibit D are current photos of the existing screening as viewed from the adjacent properties on the north, south, east and west. Lighting and Signage Parking lot lighting approved at the time of the 1999 CUP has not changed. Intensities at the property line at that time were within City requirements. One additional outdoor light is proposed at the fueling island. This proposed light is on the far west center of the site and will not affect any neighbors. No additional signage is proposed at this time. Trash and Recycling Locations of two trash and recycling enclosures are shown on Exhibit C. These shall be constructed of cedar typical of that shown on Exhibit Enclosures shall have doors. Fueling Island Above Ground Fuel Storage & SPCC The proposed locations of a fueling island (Photo Exhibit F) and above ground fuel tank are shown on Exhibit C. One above ground fuel tank is proposed to service both tenants. The proposed tank has a total capacity of 14,000 gallons and it shall be divided internally to accommodate both gasoline and diesel fuels. Exhibits G1 and G2 comprise fact sheets of the proposed tank. A steel reinforced concrete pad shall Page 47 of 116 Stephan Stagecoach LLC CUP Narrative Page 3 April 9, 2008 Revised April 25, 2008 be constructed as a tank base. rut collision protection, eight inch diameter, 36 inch tall concrete bollards shall be installed 36 inches on center around the tank. Owner will apply for all necessary City permits for the construction of the tank base and fueling island. The locations of the tank and fueling station were chosen: 1. To be as far as possible from the property lines 2. To be on level ground 3. To be separate from each other for increased operational safety 4. To allow fueling island to be accessible from both sides reducing or eliminating idling or waiting times MPCA rules will be followed regarding the registration of above ground fuel tanks. A Spill Prevention, Control and Countermeasure plan (SPCC) shall be developed and implemented per City approval. A sample of a SPCC plan such as will be submitted for this site can be viewed at htpp://energyfacilities.puc.state.mn.us/documents/19133/Appendix%20G%20Spi1 1%20 Prevention.pdf, Hours of Operation - Bus Contractor Overall Hours of Operation: 5:30 AM —6:00 PM Monday through Friday Morning traffic consists of staff and drivers beginning to arrive at the terminal at 5:30 AM with 5 to 10 school buses leaving the premises at approximately 5:45 AM. The majority of the buses, 40-50, will be leaving the terminal at approximately 6:30 AM and the last of them leaving just after 7:00 AM. School buses will return to the terminal after morning routes at approximately 9:30 AM with limited (8-15) in and out traffic throughout the day for midday routes and field trips. Employee vehicles leaving the location (30-40) would be between 9:15 AM and 10.00 AM. Afternoon traffic will begin at 1:00 PM with employees arriving at the terminal and then the majority of school buses leaving the location at 2:00 PM. Vehicles will be returning beginning at 4.00 PM and ending just after the 5:00 PM hour, with the bulk of returns at 4:30 PM. Employee traffic would coincide with these times through 5:45 PM when all staff members have left. Page 48 of 116 Stephan Stagecoach LLC CUP Narrative Page 4 April 9, 2008 Revised April 25, 2008 Extracurricular activity vehicles operate in varying times from 2:30 PM until approximately 10:00 PM, with the busiest days being Tuesday and Thursday during the winter and spring sports seasons. Additionally, there are occasional activity trips that run on the weekends at varying times. Hours of Operation - Landscape Maintenance Contractor Overall Hours of Operation: April 1 - Nov. 31: 7:00 AM--6:00 PM Monday through Friday 8:00 AM - 5:00 PM Saturday (average of only 5 Saturdays each summer) 6:00 PM - 10:00 PM Monday through Friday- Mechanic's crew, 3 people December 1 -March 31: 7:00 AM-4:00 PM Monday through Friday Mechanic's crew, 3 people Snow or ice events: Plowing/salting parking lot, Monday Sunday - any time day or night, employees cars (10) arriving and trucks (6) dispatched Page 49 of 116 �l t � d t � a r r EMPT i n ° ;W s `b moi,,+.�. ppb•- ;l..4 r � •f'� �"• � a wq CL. > aw ss3 r at Y Page 50 of 116 Apr . 8. 2008 2:GOPM JC IESLEY INVESTMENTS INC-,UN-j-)( 8 48',x P. Id"" 46, DEPARTMENT OF TRANSPORTATIONooxm�w.rftY PA. DNM OftU,Ygmro�Fwi 014bW & PHYSICAL DEVELOPMENT JkffiXo.U*W.RA 11884 MYfiRON ROAD NORTH•SnLLWATER,MINNESOTA 5508,2.9673 °A1°rOheLef 551430.9300 Fac*ee mafte a514364wo iwro r�r.Ne.taall wRrw 'p &Vr46V NroMmn March 17,2000 ERAMDb IT 5 John Thomas a c Alb 1 —1-7 0 A ` Ryder Student Transportation 606 N. Main Street Stillwater, MN 55082 ACCE=SS PERMIT NO.2000-02 FOR IMPROVEMENTS TO 5286 STAGECOAC14 TRAIL NORTH ACCE=SS TO WASHINGTON COUNTY STATE AID HIOHWAY21 (CSAH 21; STAGECOACH TRAIL NORTH) Dear Mr.Thomas: Enclosed Is the approved permit for the change in use and associated roadway Improvements at the Ryder Student'Tnansportatiori facility at 5288 Stagecoach Trail in Oak Park Heights, 'rhe following Special Provisions apply to the permit: o Our analysis of the trip generation figures for the facility indicated that turn and bypass lanes need to be constructed for safe operation of this access. I met with David Putnam of Midwest land Surveyors and Civil Engineers and discussed the design of the turn and bypass lanes with him. It appears that a practical method of providing the necessary roadway width would be to widen the road only an the east side. This is acceptable to Washington County, We must approve the construction plans before any work may begin. We will consider alternative designs it widening on one side only proves to be Impractical. o The turn lane construction may be delayed until the and of the 1999.2000 school year so that the work may be done at a time that is less busy and disruptive to Ryder's operations. Use of the access may begin at'any1me. All paving.striping and landscaping must be done by October 31,2000. o Removal of traffic markings and restriping in the area disturbed by construction are the responsibilities of the permit holder. If the timing of the striping can be coordinated with the Countys regular striping schedule,we will paint the stripes at no cost to the permit holder. Please notify us of the schedule of construdtion as soon as It Is determined. o All traffic control must conform to the standards of the Minnesota Manuel on Uniform Traffic Control Devices, including the Temporary Trak Control Zone Layouts Field Manual. o We understand that the City of Oak Park Heights will require ari escrow of funds as a performance bond. We request that the City not release funds escrowed for this work until the work is done to the County's satisfaction. Please call me at 6514304312 N you have any questions or comments. Sincerely, / uaowy� �seplh Lux C: David Putnam, P. E., Midwest land Surveyors and Civil Engineers, Inc, Chris Danielson,City of Oak Park Heights Page 51 of 116 'Apr• 8, 20081 2:01 PM�rTn1A ESLEY INVESTMENTS INC• NO-8048—' 'P 1 5' WAS'aMky A U1-4 I-O L I'm 1 1 11660 Myeroin Road North (erre t1 b � Liz " Stillwater,Minnesota 55082 f 430-4340 s':Cailanty.Ro _Y ltg>t'dfT1l1%a 'vvai 't AMICATION FOR lolunicipal l3 •r s►fe7 A�..h/'• . •• •• STREET OR DMWWAY ACCESS PERMIT :F&m a 'v'�d•c ' Much a drawing of the property,presem and proposed access and relation to the county road and any a4iacent stroats. el. . ApplieaAt I f r•�y� r.�+�� Frapaxty wnerd J�Addis f jfga esertpuon roperty a rcvtate l OWN aaM tiq 4/v � /� �' �i013, a-Z and Sweet Address r m k. IMA) Q Purpose of Dstreet ODdywar OF ru amts U is a suildin$to IRWO Aeons mdotruaesciad(specify Ape) +A+'} ! be oonsuuemd? ❑Yes(Type) (Will the CITampotsry or ptopwm OPlatred or Distance from center of bishway to tree! MOM be: ©permanent i$itt Mnplatmd area of building. 0 fees No,of promt Exact location of pmpamd driveway to property Inxacr ioudoo of present driveway too pprapmW drivoways m properly I l• t`��'!i�AOYYI Pi►' vj �ifa lEstimum Compktion Date -?I 1 100 '•F'" tt�� SS^^ .� s *•,3$i•::K.�,�_,1M. M",�5:.'"r r'° "7a'a^ :"" , �i�� .Y'::.: '�.. _ :r4•M , vOS.latllli '.1 ��ICCDSISb '. DD. " r , ,Nfk all rl+ Ppl' iq! ttrt• Lhr1u4a ° iivi� �o °asiti47s "e � 'tike•perntit.,r.: h'olaardi:nlitily •Cam}a}yvta)Or"n-tlrew"°i'k` *! Cr) (We),ibe endamigned,betawkh miff aWieidm for permission to eonamct the access at the above location,sold access m be oonsttucted to coMotm wilt tits regulations Of washirtgton County and to any,spaniel prowI*ns included ht the panrniL It is apteed that all work wM be do=m the steisfaotion of Washington County. It Wfurdter sgtsed Ghat no work in ixnmection wide this applicattaa will be snared mtdl the app eadon is approved and tite pemdt issued. It is expressly undetsmod duu this permit is amndidoned tipon mplac me nor testoratlan of the bigltww to its*091aal or m a sadsfinOty sondiden. k is further imdoratood that this permit is ismed sybjeca to tke T"m of!Deal city.village,or tovmstdp audtotsries having svpo i over cids�hizhway. Si$ruanan a#Applicant ,p�NOT 1rB BELOW?7�lIS�.INB' ACCESS DXYEa1AY i?ERMII'AMORMA71ON Petfonma nce Enquire mons As A toadhion Of this penrait,culvert is requimd: ClYas 17No m(mm Sower Culvert Size-x Culvettepronsrequiredr❑Yea(Wo X she work b not eompiated by dte data given on Otis application,the rest of tOmptoting unfinished conal tdoA by County fortes may be deducted from dw deposit, In the event dAt conasmcaion has not staned by this dam,this permit beaenams malt and void and the pumb fee shall be for;%mcd and the deposit shall to mfurrded. SPECL41 Permission is hereby granted for the camtrnedon of the driveway as described in this application,said driveway to be constructed in aaxmtdance with all resolstions of W,Aftmn CuuM surd subject m rbe stiove regWrcmnm and special Wsittm All walk to be comphHcd by10-31-00 Copies: C]Applieartt Approved ❑Couttgr Fzgiaea cmunkipaft a i 7 lad vbrurr,>d .ti.pu .arta uthori:ed Signatory Washongtea County Public WOM Rept Date TOTAL. P.63 Page 52 of 116 E III Stephan Stagecoach Property ILC CUP Application Exhibit B Ryder Transportation CUP, May 1999 Page 53 of 116 Aur. 8. 2008 1 :58PM JC 'ESLEY INVESTMENTS INC, d No.$048 I'P. 9 CITY OF OAR PARK HEIGHTS CONDITIONAL USE PERMIT FOR RYDER STUDENT TRANSPORTATION SERVICES, INC. NAC File No. ; 798.02-98.07 Date Issued: May__ 25, 1999 Legal Description: (Washington County Geo. Code ) See Exhibit "A" attached hereto. Owners Ryder Student Transport gt1gg 8eryicea, Ince Address: 1530 Brewster Avenue St. Paul MN 55108 Sito Address: 53-02 Stagecoagh Trail North Oak Park Heights, PST 55043 Present Zoning District: °I" Permitted uses not forth in ordinance 401 Section 401.32 .E.1 I. CONDITIONAL USE PERMIT FORS All. uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights. General Descriptions A. Site to be used for bus maintenance, repair and storage (includes wash bay) . outside use or storage of buses is subject to this conditional use permit. B. Conditional use permit has been granted by the City Council on May 25, 1999, subject to the following conditions: 1_ Not more than 120 buses will be stored on the site. 2 . Additional plantings shall be provided in the southeast corner of the property along the south property line, subject to the review and approval of the -City Staff and Arborist. 3 . The existing vegetation along the southwest property line is to be removed, as indicated on the site plan, to provide traffic visibility for the Page 54 of 116 Apr. 8. 26H 1 :59PM JC 'ESEEY INVESTMENTS INC No-8048 P. 0 abutting property. 4 . MPCA approval of the Stormwater Pollution Prevention Plan. 5. Modification of existing stormwater catch basins to minimize sedimentation loading shall be subject to the review and approval of the DNR. 6. All parking and storage areas shall be surfaced with bituminous material and concrete curbing with stormwater retention systems being installed by the applicant prior to commencement of operations on the site. 7. A revised lighting plan shall be submitted indicating Lighting intensity to the property line, the same being subject to the review and approval of City Staff. 8. MPCA requirements regarding liquid bulk storage and waste handling shall be complied with. 9. The applicant receive EPA approval of a hazardous waste generator permit prior to commencing operations on the site with a copy being provided to the City. 10. All grading and drainage issues shall be subject to the review and annroval of the Citv Enaineer_ 11. Applicant shall resolve all issues relating to any access permits as may be required by Washington County Department of Public Works. 12 . Additional plantings shall be provided along the north property line, adjacent to the bus parking area, subject to the approval of the City Staff and Arborist. 13. Block heaters and heater plugs shall be installed on all, buses operated out of the facility at 5342 Stagecoach Trail before commencement of operations. '= 14. An operations plan shall be developed and enforced, subject to the review and approval of City Staff, requiring that all buses shall be banked into their respective parking spaces at the end of the days operation. - 15. A plan for the hours of operation shall be developed by the applicant, subject to the review and approval of City staff. k? 16. Annual review is hereby imposed as a condition of this permit. This permit shall be reviewed on or about June 1, of each year and mdy be amended or altered in the discretion of the City Council. 17. All additional fill that has been added to the property t&.! the south in the form of a berm &nd to the west towards the pond shall be removed by the applicant as follows: Page 55 of 116 Apr . 8, 2008 1 :59PM JC 'ESEEV INVESTMENTS INC, No-8048 P. 11 a To the south, if desired by that property owner, with a retaining wall installed at applicant's expense in lieu of the berm; V., b. To the west by removal of the fill back to the original ''West property line plus an additional 10 feet to act as a buffer. A IAF WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HJT HTS Date. Hy —4zlljolt- David Schaafd Mayor Date: yy 9`� I Thomas Melena City,qAdminietrator Date: Applicant Permit kyolder Date: By Applicant Permit Holder -3- Pag6'56 of 116 Apr 8 , 2008 2:OOPM JC 'ESLEY INVESTMENTS INC No-8048 P. 12 EXHIBIT "An Page 57 of 116 m1`1111111-111 ... _ uu\RR�ROR�N00\�Rllpllll�iil111�1111111111111111�iiiii1�1�1�1111111�@1�»�i�u�mmmnmm»mmmmmnmrr " „��u .�, ..... w....P-. ..._°` — "",,.. .�'.. .. �' n n,� n '1 �n Parcel 1: F All that part of the NE 1/4 Of the V 1/4 of Section 3, Tounship 29, Range 20, contained within the f,013.owing hounds, to-wit: Seginninu at a point 30 ,he4t Vest of a stake which is 80 rods South of the center of said Section 3, and running thence West 24 rods and 3 Peet; thence South 21 rods and 9.9 feet to the ,pLaee of beginning, excepting therefrom the South 150 feet thereof. Parcel, 2: 61 The North 963.6 feet of the East 429 feet of the NE 1/4 of the SK 1/4 of section 3, Township 29 North, Barye 20 west, excepting the eo31owiPn9 two tracts: 1. The North 232 feet of the Eaet 165 feet thereat; and 2• The South 262 fset of the North 494 feet of the Fast 233 `eet thereof . Page 58 of 116 i HIT efi ii fit, Eau J, IL tu CK d d;. b � n Flat F m cru ,J) F" 9of11 aw, Ulk aw ➢IMf 4�� w 10^ m y I!I 4m; 1t � I 4� rt" i , Cr 16 Page 60 of 116 i . s ti , P What °P` " a + �qm 11J h rq C) "w let Z � ,. Page 61 of 116 t� x i off. W j s e . � ry �I I n *f Oo w' 14 t a r ' n x N r e w 7 � � n i r fi 4 AF w tea► njo4 s , a � " m , R ;L __ ^u {'9�I4 � s a LU _. 0 " ^ �µ.w ^ LU t �� Page 64 of 116 s r ♦ [ l�k� �` ��W�� � X0.1 uar� �'� � �i. �� ' "Ji wow N` qqk . 17k �S.Ii s iI q r �i �I W r I, AM n fad �r *ra q b LEr y �ri ED lu x LU tL 0 cc OLtlF ......:..._, {Rj}may' 4 W U. 0 ., .. w J a+' EXHIBIT Julie Hultman u, From: K.D. Widin [kdwidin@comcast.netj Sent: Thursday, May 01, 2008 7:35 AM To: Eric Johnson; Mark Vierling (E-mail); Dennis Postler(E-mail); Scott Richards; Jimmy Butler; Judy Hoist; Julie Hultman; Tom Ozzello Subject: Stephan Stagecoach Property Landscaping OPH Staff- I have reviewed the landscape plan, dated 4125108,for the Stephan Stagecoach C.U.P.. They have depicted replacement spruce (7)along the Stagecoach Trail frontage and 27 along the N edge of the property(after removal of existing poor quality spruce and Siberian elm). The replacement trees should be"Black Hills"white spruce or Norway spruce, not Colorado spruce, due to disease problems with the latter. Trees should receive supplemental water(hose at ground line)every week during 1 st two growing seasons, unless more than 112 inch of rain fails during the week. The Planting Detail is acceptable,though up to an inch of soil should be placed on the top of each root ball to cover fine roots, followed by 3 inches of shredded bark mulch. Please forward my comments to the developer. Contact the if you have any questions regarding this review. Kathy Widin Arborist City of Oak Park Heights Page 67 of 116 Receipt#_ 72507 USE $46.00 Certified Filed andfor recorded on: 6120!2008 10:06 AM 3697477 Office of the County Recorder Retum to: Property Records&Taxpayer Services ECKBERG LAMMERS BRIGGS WOLFF 8 Washington County,MN 1809 NORTHWESTERN AVENUE SUITE 110 Kevin.!Corhid,County Recorder STILLWATER MN 5506E Conditional Use Permit a$- (O:q C)I NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota ®O HERESY CERTIFY that I have compared the attached document: CondMonai Use P*;rmit For with the original thereof on file at the offices of the City of Oak Park Heights, and thai the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 11 th day of June, 2008. fitAdministrator `•�� Page 69 of 116 CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT File No.: 798.02-08.04 Date Issued: June 2008 Council Action:May 27,2008 Legal Description: (Washington County Geo. Code 03-029-20-31-0003 and 0004.) See Attached Exhibit "A" Owner: Stephan Stagecoach Property;LLC. Address: 22200 Meadowbrook Ave No. Scandia,Minn 55073 Site Address:52WS302 Stagecoach Trail North Present Zoning District: Permitted uses set forth in Ordinance 401 Section 401.32.E.1 I. CONDITIONAL USE PERAUT: Outdoor parking of 100 school buses and allowing outdoor storage of landscape and maintenance equipment and materials All uses shall be subject to the following conditions and/or restrictions imposed by Res2hdonlYe.08 -22 of the City Council of the City of Oak Park Heights as follows: 1. The number of buses allowed on site at any one time shall not exceed 100. 2. Any plans for a covered shed to the rear of 5302 Stagecoach Trail North shall be approved by City staff. 3. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 4. The applicant shall submit a Notification for Above Ground Storage Tanks to the WCA once the tank has been installed. Page 70 of 116 5. The applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City. 6. The applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the landscape business and bus operation. 7. The fuel tank shall be screened with a fence on the west,north and south sides with a ten(10)foot cedar fence, as approved by the City. 8. The tree removal,and replacement plan was favorable to the Planning Commission and City Council and is subject to approval by the City Arborist. 9. All signage and lighting existing and proposed for the site shall be compliant with the Zoning Ordinance. 10. Any changes to the grading and drainage patterns of the site shall be subject to the review and approval of the City Engineer. 11. Block heaters and heater plugs shall be installed and utilized on all buses operated out of the facility at 5280 and 5288 Stagecoach Trail, and an electrical outlet shall be provided for each bus before commencement of operations. There shall be no excessive idling of buses on the site as determined by the City. 12. An operations plan shall be developed and enforced, subject to the review and approval of City staff, requiring that all buses shall be backed into their respective parking spaces at the end of the days operation. 13. The plan for the hours of operation as developed by the applicant, in correspondence dated April 25, 2008, was favorable to the Planning Commission and City Council and is subject to approval of City staff. 14, Annual review is hereby imposed as a condition of this permit. This permit shall be reviewed on or about June 1 of each year and may be amended or altered in the discretion of the City Council. III. Reference Attachment: The report of the City Planner dated April 30,2008 and site plan approved by the City Council are annexed hereto by reference. IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Use granted by the City under the terms hereof Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. V. Annual review:Annual review is imposed as a condition of this permit,(See##14 above) Page 71 of 116 IN WITNESS WHEREOF,the parties have set forth their hands and seals. CITY IGHTS Date: BY audet r Date- � � � Eric Johnson City Administrator STAGECOACH PROPERTY,LLC Date: Page 72 of 116 EXMIT "A" LEGAL DESCRIPTION Page 73 of 116 Stephan Stagecoach Property LLC Physical Address: 5280—5302 Stagecoach Trail N. GEO Code and Legal Description: 03-029-20-31-0003 The North 963.6 feet of the East 429 feet of the NE 1/4 of the SW 1/4 of Section 3,Township 29 North,Range 20 West,excepting the following two tracts: 1. The North 232 feet of the East 165 feet thereof;and 2. The South 262 feet of the North 494 feet of the East 233 feet thereof. 03-029-20-31-0004 All that part of the NE 1/4 of the SW 1/of Section 3,Township 20,Range 20,contained within the following bounds,to-wit- Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said Section 3,and running thence West 24 rods and 3 feet;thence South 21 rods and 9.9 feet to the place of beginning, excepting therefrom the South 150 feet thereof. Page 74 of 116 EXHIBIT "B" APRIL 30,2008 PLANNERS REPORT AND SITE PLANS Page 75 of 116 ' " NORTHWEST ASSOCIATED CONSULTANTS , INC . 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 555422 Telephone: 763.231.2555 Facsimile: 783.231.268'1 planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 30, 2008 RE: Oak Park Heights—Stephan Stagecoach Property LLC— Open and Outdoor Storage Conditional Use Permit for Horticultural Services and School Bus Storage FILE NO: 798.02— 08.04 BACKGROUND Barbara Stephan of Stephan Stagecoach Property LLC at 5280-5302 Stagecoach Trail North has made an application for a conditional use permit to allow open and outdoor storage of equipment and materials at their operation located at 5302 and 5296 Stagecoach Trail North. This is the site formerly occupied by First Student Inc. for school bus storage and repair operations. The conditional use permit application has also included the allowance for Stillwater Area Schools to lease a majority of the site and the buildings at 5280 and 5288 to allow for exterior storage of buses. The previous conditional use permit for- outdoor bus storage for Ryder Student Transportation Services that was approved in 1999 and amended in 2004 for First Student has now expired. The property is zoned 1, Industrial District. Open and outdoor storage is a listed conditional use permit within that district. The landscape business and school bus office/repair operations that are internal to tine existing buildings are permitted uses in this district. Attached for reference: Exhibit 1: Site Plan (narrative exhibits) Exhibit 2: Fuel Tank Details (narrative exhibits F, G1 &G2) Exhibit 3: Project Narrative (narrative exhibit A is part of exhibit B&Planning Report Exhibit 6) Exhibit 4: Trash Enclosure Picture (narrative exhibit E) Exhibit 5: Access Permit--Washington County Page 76 of 116 Exhibit 6: 1999 Conditional Use Permit for Bus Storage (narrative exhibit B) , Exhibit 7: Site Photos (narrative exhibit D) Exhibit 8: Memo From City Arborist PROJECT DESCRIPTION Commercial Landscape Business. Horticulture Services LLC is a company headquartered out of Scandia, Minnesota that provides commercial landscape services including landscaping and irrigation maintenance, as well as seasonal color plantings. The landscape business seeks to continue operations out of the buildings at 5302 and 5296 Stagecoach Trail North and to allow for the outdoor storage of equipment and materials. The site plan, found as Exhibit 1, indicates the area of the site to be occupied by the landscape business and where the materials are to be stored. The applicant has indicated a desire to add a covered shed, behind 5302, that would provide salt storage and pallets of bagged fertilizer. The applicant will need to clarify the proposed location of this shed. The building plans and details of this shed would meed to be approved by City staff. The application requests the conditional use permit to store the following landscape maintenance equipment and materials outdoors: • A maximum of nine 26 foot and four 14 foot landscape trallers. • A maximum of six trucks C/a to 2%ton size). , • A maximum of four skid steer loaders or landscape tractors. • A maximum of six landscape implements such as roto-tillers, turf aerators, and brush chippers to be stored to the west of the 5302 building. • A maximum of three 9% foot snow plows (pickup truck size) to be stored to the west of the 5302 building. • A maximum of 12 pallets of bagged lawn fertilizer or ice melt to be stored directly behind (west) of the 5302 building. Bags will be palletized, unopened, and shrink wrapped. School Bus OperationslStorage. The site plan and narrative 'indicate that 5288 and 5280 Stagecoach Trail North and a majority of the site would be occupied by a bus transportation company that would sub-lease the space from the School District. The bus company has not been identified at this time. The company would have offices and conduct repair activities in the buildings. The current application requests permission to park a maximum of 100 school buses outdoors. The previous conditional use'permit allowed for a maximum of 120 buses. Above GroundlOutdoor Storage of Fuel. The applicant proposes to place an above ground storage.tank with a fueling island as indicated on the site plan. There would be one 14,000 gallon tank containing diesel and gasoline. All Federal, State, County, and City requirements for storage and dispensing motor fuels would be complied with. The City shall require the applicant to screen the tank on all sides with a fence, to be approved by the City, or bury the tank underground. I 2 Page 77 of 116 ISSUES ANALYSIS Conditional Use Permit Criteria. The outside storage of landscape materials and equipment, buses and fuel storage is a conditional use subject to conditions outlined in Section 401.32.E.1 of the Zoning Ordinance: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E of the Zoning Ordinance. As part of the approvals in 9999, the applicant was required to provide additional frees, especially on the south end of the site adjacent to Stagecoach Trail North. Additionally, trees were required south of the Bell property. Staff observation of the site indicates that there are gaps in the screening trees along Stagecoach Trail, especially on the south end of the site. Additionally, some of the evergreen trees on the north end of the site along Stagecoach Trail have died and will be required to be removed and replaced. The applicant has provided a landscape plan indicating the removal of trees and the trees to be replaced. All changes to the landscaping shall be subject to review and approval of the City Arborist. b. Storage is screened from the public right-of-way in compliance with Section 401.15.E of the Zoning Ordinance. With replacement and the addition of additional trees in the berm along Stagecoach Trail North, the site will be adequately screened from the public right-of-way. C. Storage area is grassed or surfaced to control dust. The site was previously required to be paved and provided with curb and gutter to address surface runoff. d.- All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.15.13.7 of the Zoning Ordinance. Previously, lighting was installed on site in compliance with requirements of the Zoning Ordinance. if any additional lighting is added to the buildings or site, it will need to be in compliance with the Zoning Ordinance. e. The provisions of Section 401.03.A.8 of the Zoning Ordinance are considered and satisfactorily met. Staff has reviewed the criteria and, based upon the fact that the bus operation had previously occupied the site without major incident, the conditional use permit should.be considered for approval. 3 Page 78 of 116 EXHIBIT 4 t , • r nn �.. 6 ivg A'` J3 r m ak. d -w �1s, r: = S. IM 1 4 r f w d r r n A t ge 79 of 1 6 Or . 8. 2008 2 OOPM JON WESL,( INVESTMENTS INC, U.N'j'y ��Jo^8048; P. 14`"" �•.r.. 4. DEPARTMENT OF TRANSPORTATION m..n"JI.a7aAeo�a�an;� & PHYSICAL DEVELOPMENT 11080 MY6RON ROAD NORM.MLLWATIR,MINNOOTA 55Q8 4673 851.4la4900 piusimpe kbcNrm 051a3D4M I ub a NyockP�S�wwY3r rre+ adia Ml�r an+aea uw gn4�yM,rw )and luny eM+ioe 1 , EMBIT 5 March 17, 2000 John Thomas �CI J��•t ��� � � Ryder Student Transportation 806 N. Main Street Stillwater, MN 55092 ACCESS PERMIT NO.2000-02 FOR IMPROVEMENTS 7O 5288 STAflECOAC)4 TRAIL_ NORTH ACC9SS TO WASHINGTON COUNTY STATE AIA HIGHWAY 21 (CSAH 21; STAOF.COACH TRAIL NORTH) Dear Mr.Thomas: Enclosed Is the approved permit fort o change in use and associated roadway improvements at the Ryder StudentTransportsttdri facility at 5288 Stagecoach Trail.in Oak Park Heights, The"following special Provisions apply to the permit: + our analysis of the trip generation figures br-the facility indicated that turn and bypass lanes need to be constructed for safe operation-of this access. I met with David Putnam of Midwest land Surveyors and Civil 1~rrglneers and discussed the design of the turn and bypass lanes with him. It appears that a practical method cl providing the necessary' roadway width would be to widen the road only On the east side. This Is acceptable to Washington County. We,must.appmve.the construglibn plans before any work may begin. We Will consider alternative designs If widening ort one side only proves to be Impractical. The turn lane construction may be delayed until the end of the 1$99-2000 school year so that the work may be done at a time that Is less busy and disruptive to Ryder's operations. Use of the access may begin at-anytime. All paving,striping and landscaping must be done by Octdber 31,2000. r Removal of traffic markings and restrtping in the area disturbed by constnrctlon are the responsibilities bf the permit holder. If the liming of the striping canbe coordinated with the County's regular striping Schedule,we will palm the stripes at no cost to the perrrrit holder. Please notify us of the schedule of eonstrucitlon as soon as It is determined. + All traftic control must conform to the standards of the Minnesota Manual on Uniform Traffic.Control Devices;Including the Temporary Tm fio Control Zone L.aymb Field manual. a We understand that the City of Oak Park Heights will require an escrow of fund's as a performance bond. we request that the City nbt release funds escrowed for this work until the worst Is done to the CounVs satisfaction, Please call me at 6514304312 If you have any questions or comments. Sincerely, se#ih Lux C: David Putnam, P. E., Midwest land Surveyors and Civil Engineers, 1%. Chris Danielson,Citic of Oak Park.Heights Page 80 of 1116 'Apr . B. 2808' 2:01 PM JON WE' ' INVESTMENTS INC• oil '10-8048--'- 'P• 15 WASf'�tylLllY �t)LtY1 � ��1x� HT1,.. Fa.MYa.���+•w. �-..�... �,.• ..Ol�raGl=�O5��OM�I.Y 11650 Myerora Road Northerri3 Stillwater.Minncsoca 55082 ; CDrtip.Ro °. z/ 430-4300 APPLICATION FOR �,Ailtini�+pal�r STREET Olt DRIVEWAY ACCESS PERMIT ririit�ee' •air c�rJ knach a drawing of the property,prs$em and proposed amss and n:lAd011 19 the county road and any ttgjat:t:nt;;trests. %pplicant ddiesr ' Pro(�et4' kAddress .� �(5t ' x lscnpuo toptrty a tmrteto t necttssary t Or rJ�tp VY coF �7Dy7 r O+rT>s3 and Sueel Address k ,mA) Is it Buildlttg to n "an of C]StrrKt ODrrnw+Y OF! to eansurlded7 des(typo) Arms A>ar rtoe from eebter of flow y to pont vAll the CiTcmpptory or hapatV pplemed at B�tkldigg he: ©partnattent L DUl{planr�l_arda otbt+ilding. a fat Na.orpresent loeadan of proposed drivowly to pmparry 1'sxaet i7stati_oA_off'ptrsatt driveway ro ptopnt�' drivowrys to propergr 0# eonlPW � t"° Date Nemad "j 1 CO. 1 13sdmuad Compiadon Dam i oa -.t�........�- .�'.rli•L�'«�."`w'n".�v �'^ x.. y +^S "'�r+� ::7iYTS..:��S!.'.��'.�!"!��,,��SA. �. .� ^��•,,,,�,,��••,,��n���yy.. � .sir.^". .w..rw w tZr�':'t• +WiA.'Aif�i�� �""MV777'.. ,,• rY �rMY.• " sha�vttil� r. rt?r' ' iialtttxdp;nil�yil�k�inis; -x,., (A iM),the nnder401,hetevtith�g0ieedatt for pet ion m ooasttuet the rttress et die abort lmcalitoa,said Otaceu to be oowmuted tm t otafoim with the ro;utWon,of Waft=COW and m an epubl.provisions Gudyded ht rpm psemit. Xu agretui that all work+bill be done to*9 satisfacdaa Of WaihbWda CouNW- A le'h r"t agreed thu spa v atk in iormtetkM whit this appl3eationwtil bO maned midi dte Opphextioa le Approved sad the pamithmil, Ii is expdsly umkfx €tined this pemriee k eondlsfoaui wpan rtiphter mentat mita Adge of do hiyhwsy tm its otd>lha!at m a sadsf ma comAden. R is further vMklpwd that W pm rinh It snbleoi is du of Inc t alar,vigagr+ol<toomship ttudtositles havtag jt►btt su bvice aids or ldphway. 1� a SigaAauO giAppiicant 11. Dau bo Q i7 7x7 ACCBBs DRMWAY Fp—=—Amopmalrox ff Pedommre Rt:tia110M As a COMMON.Df this PIMAtl,culvert is Fgolmd: dyes ONO l(wntt&Wtr Cuivett x Culvert eprommquited:Mrs OND y form My If the work h nor eomplatcd by he data Sim on this Application,ing edit �e���ois�tmit leOaan b C rrei>ed sad hdspasit ah11i ba tcftirtdede de&Wd fmM Om �oslti mr Lt the event!hu cone mdon has mi ammo by this dote, is p� SPECIAL PROY13". pundssion is hereby Ranied for the cottsmrcdon of IN driveway u desmbed in this iWim ion,said drivaway to bit constmemd In.accordance whit All tmpladaps Of wuhiapon Caunry mild subject W the ahnve requimmtttts and$odd prmisitms. All work to be completed by •�'/� Copks: ❑Appliwu Approved 13Cmmty Yagimet 17 dad ' ❑welcipallq arott �a .y.�• n.+,. uthnriaed S4mmtc wahloph CmM PabHe Waiks Dopt irm Dau TOMAI. P.03 Page 81 of 116 EXHIBIT 6 Stephan Stagecoach Property LLC CUP Application Exhibit B Ryder Transportation CUP, May 1999 f Page 82 of 116 Aur 8. 2008 1 :08PM JON WE' INVESTMENTS INC. � U-8048 J'P. 8 CITY OF OAR PARX HZIGHTS CONDITIONAL USE PERMIT FOR RYDER STUDENT TRANSPORTATION SERVICES, INC. NAC File No. : 7.98_._02-98 .07 Date Issued: May 25, 1999 Legal Description: (Washington County Geo. Code ) See Exhibit "All attached hereto. Owner- Ryder Student Transportation Services, Inc. Addresst 1530 Brewater Avg ue St. Paul.. MN . 55108 Site Address: 5302 Stagecoagjh Trail North oak-Park He,ighta. MN 55093 Present Zoning Diatriat: 'TSI sh Permitted uses set forth in Ordinance 401 Section 1 3 I. CONDITI03+T8L USE PERMIT FOR: All. uses shall be subject to the following conditions acid/or restrictions imposed by the City Council of the City. of Oak Park Heights. General Desariptionz A. Site to be used for bus maintenance, repair and storage (includes wash bay) . Outside use or storage of buses is subject to this conditignal use permit. B. Conditional use permit has been granted by the City Council on May 25, 1999, subject to the *following conditions: 1. Not more than 120 buses will be stored on the site. 2. Additional plantings shall be provided in the southeast corner of the property along the south property line, subject to the xevievr and approval of the -City Staff and Arborist. 3 . The existing vegetation along the southwest property line is E0 be removed, as indicated on the site plan, to provide traffic visibility for the i Page 83 of 116 Apr . S. 2008 1 :09PM JON WES�_� INVESTMENTS INC. ro•8O48 P 10 abutting property. 4 . MPGA approval of the Stormwater Pollution Prevention Plan. 5. Modification of existing stormwater catch basins to minimize sedimentation loading shall be subject to the review and approval of the DNR. b . All parking and storage areas shall be surfaced with biturciinous material and concrete curbing with stormwater retention systems being installed by the applicant prior to commencement of operations on the Rite. 7. A revised lighting plan shall be submitted indicating lighting intensity to the property line, the same being subject to the review and approval of City Staff. 8. MPGA requirements regarding liquid bulk storage and waste handling shall be complied with. 9. The applicant receive SpA approval of a hazardous waste generator permit prior to commencing operations on the site with a copy being p-rovided to the City. 10. All grading and drainage issues shall be subject to the review and approval of the City Engineer. 11. Applicant shall resolvq ail issues relating to, any access pe its as may be required by Washington County Department of Public Works. • 12. Additional plantings shall be provided along the north pro Arty line, adjacent to the bus parking area, subject to the approval of the}.City Staff and Arborist. 13. Block heaters and heater plugs shall be installed on all buses operated out of the facility at 5302 Stagecoach Trail before commencement of operations. 14. An operations plan shall be developed and enforced, subject to the review and approval of City Staff, requiring that all buses shall be bikked into their- respective parking spaces at the end of the days operation. 15. A plan for the hours of operation shall be developed by the + applicant, subject to the review and approval of City staff. 15. Annual review is hereby imposed as a condition of, this permit. This permit shall be reviewed on or about June 1► of each year and rngy be amended or altered in the discretion of the City Council, r' 17. All additional fill that has been added to the property t&! the south in the 'form of a berm dnd to the west towards the pond shall be removed by the Applicant as follows: ,. Page 84 of 116 An. B. 2988 1 :59PM JON WE` ' INVESTMENTS INC, 40.8048 P. II a . To the south, if desired by that property owner, with a retaining wall installed at applicant's expense in lieu of the berm; r, i-j b. To the west by removal of the fill back to the original'°'rest property line plus an additional 10 feet to act as a buffer. 1 IN WITNESS WHEREOF, the parties have set forth their hands and s"is . Cj;j ole dAX PARK RETGHTS Date: By David SchaaV/4r Mayor Date:_T, 9-7 DY � 1E�+t�. Thomas Melena city dministrator Hate. B. App1 cant Permit a der Date: By Applicant Perm t Hol.dex li -3- d Page 85 of 116 Apr 8 2008 2:OR JON WES,,. INVESTMENTS INC. X0.8048 P 2 BXHZBIT AA` i Page 86 of 116 t �.n n 1n •fin i 121 , T"�' All that part of the NE 1/4 of the SW 1/4 Of Section 3, Township 79, Range 201 Contained xithin the following bounds, to-vitt $e4inainy at a paint 30PAe4t West of a stake which is 80 rods South of the contex of safd Section 3, and running thsace West 24 rods and 3 feet; thence South 21 rods and 9.9 Leet to the place of beginning, excedbiny therefron the South 1S0 feet thereof. Parcel 2: a3 The North 963.6 feet of the East 429 feet or the Rz 1/4 of the SW 1/4 of section 3, Township 29 North, Range 20 West, excepting the folly-ring two tracts: 1. The North 232 Feet of the Last 165 feet thereof; and 2, The South 262 feat of the North 494 feet of the East 233 »eet thereof. i� Page 87 of 116 NIBIT T x I y �k w,x I I N2 if t d 1 " s M� fj� jj age 887f 116 M_ r � a1ti �� a� w I Y y® P I YqI OL Page 89 of 116 n $, u m, �f i a y „. •.- u 4 i 4fl �F 9 v �w I n SCR 11 P Page 90 6 ,� � � � ��„w� � � '�N � � � v� S�# iry �i M�� 1�q� �, tl y `� i� wSp�w �° n A 40 � Np _ _. ._ � ` � ” �'�w �, �..�, ��� �,� x .,.� � P �� � ��, �' r ��`d �,,� �. r .. c�-. , w �'✓,� a �e i, y � �, �e �' � � � ��"�� � �, �i� aw . � Y � � 5��`�Y r�S �'J I JmP a �Q w edW 14 M� � Q �wq �� � ,h �'� �.. ��G � �,�u . �, � �� � � ' �"" a � ��' ro r 9 i .�" � .* � � y �� .�— ' P ; ass+ �. �, ► • �� � '' '� ry Tom, »• / \ � '2 e• � � \ ? 4\ > , : ` ^ Ra 2796 t +fl �r i� e Y tltltllll"' ;. " 'K Page 94 of 116 � � . . LU CL LU \ .} . ui \ \ ui /\/ . Z > . { 2 Lu j ^ \ . e EXHIBIT 8 ,;ulie Hultman From: K.D.Widin[kdwidin@comcast.net] t: Thursday, May 01, 2008 7:35 AM Eric Johnson; Mark Vierling (E-mail); Dennis Postler(E-mail); Scott Richards; Jimmy Butler; Judy Hoist; Julie Hultman;Tom Ozzello Subject; Stephan Stagecoach Property Landscaping OPH Staff- I have reviewed the landscape plan,dated 4125108, for the Stephan Stagecoach C.U.P.. They have depicted replacement spruce(7)along the Stagecoach Trail frontage and 27 along the N edge of the property(after removal of existing poor quality spruce and Siberian elm). The replacement trees should be"Black Hills"white spruce or Norway spruce, not Colorado spruce, due to disease problems with the latter. Trees should receive supplemental water(hose at ground line)every week during 1st two growing seasons, unless more than 112 Inch of rain fails during the week. The Planting Detail is acceptable,though up to an inch of soil should be placed on the top of each root ball to cover fine roots, followed by 3 inches of shredded bark mulch. Please forward my comments to the developer. Contact me if you have any questions regarding this review. Kathy Widin Arborist City of Oak.Park Heights Page 96 of 116 &ih&be «�. . . ^ . � . . . Li a [ . »dil . ■� ; � / � � i� . � . • < . kN 1y3 \\ \ \l \ ^ . ?§\ § a#97 of 116 a w 5 P it r I qq I } Y'FSU m t I I •h 'Y IA R Y�, Page 98 of 116 I A RECOMMENDING RESOLUTION OF-THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY MINNEHAHA PROPERTIES LLC FOR A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR STORAGE OF SCHOOL BUSES AND RELATED VEHICLES AT 5280 AND 5288 STAGECOACH TRAIL NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request by Minnehaha Properties LLC (Applicant) for a Conditional Use Permit to allow for the outdoor storage of school buses and related vehicles at 5280 and 5288 Stagecoach Trail North, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The Applicant has proposed to use the site for a bus fleet management office, school bus maintenance and for the storage of up to 100 school buses and; 4. The property is zoned I—Industrial District in which the bus fleet management office and school bus maintenance is a permitted use and the outdoor storage of school buses and related vehicles requires a Conditional Use Permit; and 5. The Applicant has requested allowances to park up to 100 school buses, school vans and trailers, and employee parking at the site; and 6. City staff prepared a planning report dated August 6, 2020 reviewing the request; and Page 99 of 116 7. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing for the Conditional Use Permit at their August 13, 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 Minnehaha Properties LLC (Applicant) for a Conditional Use Permit to allow for the outdoor storage of school buses and related vehicles at 5280 and 5288 Stagecoach Trail North, affecting the real property as follows: SEE ATTACHMENT A The Planning Commission recommends to the City Council of the City of Oak Park Heights approval of the Conditional Use Permit to allow for the outdoor storage of school buses and related vehicles at 5280 and 5288 Stagecoach Trail North subject to the following conditions: 1. The number of buses allowed on site shall not exceed 100. No trucks or semi- trailers shall be parked on site. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Stormwater Pollution Prevention Plan and Notification for Above Ground Storage Tanks to the MPCA. 4. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 5. The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the maintenance operation. 6. The Applicant shall comply with all Building Code requirements for the fuel tanks and installation of a paint booth. A Building Permit shall be required from the City for the fuel tank and paint booth installation. 7. Block heaters and heater plugs shall be installed on all buses operated out of the facility at 5280 and 5288 Stagecoach Trail before commencement of operations. 8. An operations plan shall be developed and enforced, subject to the review and approval of City Staff,requiring all buses shall be backed into their respective parking spaces at the end of the day's operation. 2 Page 100 of 116 9. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 10. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 11. All lighting fixtures shall be full cut off and provided with shields in compliance with the lighting standards of the Zoning Ordinance. 12. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 13. The City Arborist should comment if there are any tree maintenance issues or if additional trees should be added for screening and the Applicant shall take appropriate corrective measures. 14. Signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 15. All noise generated from the business shall be compliant with Section 401.15.13.11 of the Zoning Ordinance. No vehicle repair shall be conducted outside. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 16. Mechanical equipment that is located on the roof or visible from street level or from neighboring properties shall be screened with materials that blend harmoniously with the building facade materials and in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 17. There shall be no outside storage, including trash, recycling, tires and vehicle parts unless enclosed with a screen. 18. Hours of operation shall be limited to 5:30 AM to 7:00 PM Monday through Friday and from 7:00 AM to 6:00 PM Saturday and Sunday. 19. No vehicle parking shall be allowed on Stagecoach Trail. 20. Emergency vehicle access and business operations related to fuel dispensing shall be subject to review of the Police Chief and the Fire Marshal. 21. All Conditional Use Permits previously issued by the City of Oak Park Heights for 5280 and 5288 Stagecoach Trail North shall be deemed revoked and canceled as part of and in consideration of the grant of this new Conditional Use Permit. 3 Page 101 of 116 Recommended by the Planning Commission of the City of Oak Park Heights this 13th day of August 2020. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 4 Page 102 of 116 ATTACHMENT A ot Conditional Use Permit To Allow Outside School Bus Storage Maintenance Minnehaha Properties LLC Washington County Property Identification Number & Legal Description: 5280 Stagecoach Trail N. WC Property ID: 03.029.20.31.0004 Legal Description: All that part of the NE 1/ of the SW 1/ of Section 3, Township 29, Range 20, contained within the following bounds,to-wit: Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said Section 3, and running thence West 24 rods and 3 feet; thence South 21 rods and 9.9 feet to the place of beginning, excepting therefrom the South 150 feet thereof. 5288 Stagecoach Trail N. WC Property ID: 03.029.20.31.0003 Legal Description: The North 963.6 feet of the East 429 feet of the NE 1/ of the SW 1/ of Section 3, Township 29 North, Range 20 West, excepting the following two tracts: 1. The North 232 feet of the East 165 feet thereof; and 2. The South 262 feet of the North 494 feet of the East 233 feet thereof. Page 103 of 116 ATTACHMENT B Conditional Use Permit To Allow Outside School Bus Storage Maintenance Minnehaha Properties LLC 5280/5288 Stagecoach Trail N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review & Recommendation: August 13, 2020 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 104 of 116 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY MINNEHAHA PROPERTIES LLC FOR A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR STORAGE OF SCHOOL BUSES AND RELATED VEHICLES AT 5280 AND 5288 STAGECOACH TRAIL NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request by Minnehaha Properties LLC (Applicant) for a Conditional Use Permit to allow for the outdoor storage of school buses and related vehicles at 5280 and 5288 Stagecoach Trail North, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended the application with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The Applicant has proposed to use the site for a bus fleet management office, school bus maintenance and for the storage of up to 100 school buses and; 4. The property is zoned I—Industrial District in which the bus fleet management office and school bus maintenance is a permitted use and the outdoor storage of school buses and related vehicles requires a Conditional Use Permit; and 5. The Applicant has requested allowances to park up to 100 school buses, school vans and trailers, and employee parking at the site; and 6. City staff prepared a planning report dated August 6, 2020 reviewing the request; and Page 105 of 116 7. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing for the Conditional Use Permit at their August 1.3, 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 by Minnehaha Properties LLC (Applicant) for a Conditional Use Permit to allow for the outdoor storage of school buses and related vehicles at 5280 and 5288 Stagecoach Trail North, affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approves the Conditional Use Permit to allow for the outdoor storage of school buses and related vehicles at 5280 and 5288 Stagecoach Trail North subject to the following conditions: 1. The number of buses allowed on site shall not exceed 100. No trucks or semi- trailers shall be parked on site. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Stormwater Pollution Prevention Plan and Notification for Above Ground Storage Tanks to the MPCA. 4. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 5. The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the maintenance operation. 6. The Applicant shall comply with all Building Code requirements for the fuel tanks and installation of a paint booth. A Building Permit shall be required from the City for the fuel tank and paint booth installation. 7. Block heaters and heater plugs shall be installed on all buses operated out of the facility at 5280 and 5288 Stagecoach Trail before commencement of operations. 8. An operations plan shall be developed and enforced, subject to the review and approval of City Staff, requiring all buses shall be backed into their respective parking spaces at the end of the day's operation. 2 Page 106 of 116 9. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 10. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 11. All lighting fixtures shall be full cut off and provided with shields in compliance with the lighting standards of the Zoning Ordinance. 12. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 13. The City Arborist should comment if there are any tree maintenance issues or if additional trees should be added for screening and the Applicant shall take appropriate corrective measures. 14. Signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 15. All noise generated from the business shall be compliant with Section 401.15.13.11 of the Zoning Ordinance. No vehicle repair shall be conducted outside. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 16. Mechanical equipment that is located on the roof or visible from street level or from neighboring properties shall be screened with materials that blend harmoniously with the building facade materials and in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 17. There shall be no outside storage, including trash,recycling, tires and vehicle parts unless enclosed with a screen. 18. Hours of operation shall be limited to 5:30 AM to 7:00 PM Monday through Friday and from 7:00 AM to 6:00 PM Saturday and Sunday. 19. No vehicle parking shall be allowed on Stagecoach Trail. 20. Emergency vehicle access and business operations related to fuel dispensing shall be subject to review of the Police Chief and the Fire Marshal. 21. All Conditional Use Permits previously issued by the City of Oak Park Heights for 5280 and 5288 Stagecoach Trail North shall be deemed revoked and canceled as part of and in consideration of the grant of this new Conditional Use Permit. Approved by the City Council of the City of Oak Park Heights this 25th day of August 2020. 3 Page 107 of 116 Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 4 Page 108 of 116 ATTACHMENT A w Conditional Use Permit To Allow Outside School Bus Storage Maintenance Minnehaha Properties LLC Washington County Property Identification Number & Legal Description: 5280 Stagecoach Trail N. WC Property ID: 03.029.20.31.0004 Legal Description: All that part of the NE 1/ of the SW 1/ of Section 3, Township 29, Range 20, contained within the following bounds, to-wit: Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said Section 3, and running thence West 24 rods and 3 feet; thence South 21 rods and 9.9 feet to the place of beginning, excepting therefrom the South 150 feet thereof. 5288 Sta$tecoach Trail N. WC Property ID: 03.029.20.31.0003 Legal Description: The North 963.6 feet of the East 429 feet of the NE 1/ of the SW 1/ of Section 3, Township 29 North,Range 20 West, excepting the following two tracts: 1. The North 232 feet of the East 165 feet thereof, and 2. The South 262 feet of the North 494 feet of the East 233 feet thereof. Page 109 of 116 ATTACHMENT B R tLAINWAL qwt Conditional Use Permit To Allow Outside School Bus Storage Maintenance Minnehaha Properties LLC 5280/5288 Stagecoach Trail N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review & Recommendation: August 13, 2020 Conditional Use Permit r 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 110 of 116 Oak Park Heights Request for Council Action Meeting Date August 25th, 2020 Time Required: 5 Minutes Agenda Item Title: 58`h Street Extension—Letter from Commissioner Gary Kriesel. Agenda Placement New Business Originating Department/Requestor: Mary McComber, Mayor Requester's Signature Action Requested _Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached letter from County Commissioner, Gary Kriesel. Page 111 of 116 W4iingt Board irCommissioners (.J.t7 }�7+ Fran Miran,Chair,District 9 Stan Karwoski,District 2 Gary Kriesel.District 3 Wayne A.Johnson. District 4 Lisa Wei k,District 5 August 21.2020 Mayor Mary McComber City of Oak Park Heights 14168 Oak Park Blvd_N. Oak Park Heights,MN 55082 Dear Mayor McComber, Thank you for the continued engagement of city staff on the 58'b Street Extension Project. To best serve our shared taxpayers,while we work together on the scope and details of this project,I ask that your council consider withdra wing its opposition to the county's regional solicitation for federal funding during your August 25,2020 city council meeting. The city s opposition to our regional solicitation risks the county's ability to leverage the potential for$7 million dollars in federal funds. Money that would benefit our region and directly reduce costs for the cities,to3Amship,and county which ultimately reduces the burden on our shared taxpayers. As part of our commitment to an open and collaborative process county staff submitted a four page public involvement plan noting the City of Oak Park Heights as key agency and decision maker. As a key agency and decision maker city staff submitted their traffic study which has been forwarded to our county engineer and Will be considered as key agency feedback_ We are also in receipt of the city's draft Memorandtun of Understanding(MOU). Mule we are not able to consider this type of agreement at this time,we commit to negotiating in good faith and exploring all avenues that will rrnmirni a the cost share required for all partners in the potential project_ As we discussed earlier,it is very important for the county's application to the Met Council for regional funding to be successful to reduce the cost of this project to both the city and county taxpayers. The Met Council has given us a deadline of September I'to resolve the city's opposition so it is urgent,and in the best interest of our taxpayers,that the city mthdraw its resolution of opposition during the August 25th council meeting. Sincerely, %� 7�C-LD Gary Kriesel Washington County Commissioner District 3 Cc: Eric Johnson,Oak Park Heights City Administrator Government Center-14949 82nd Street North-P.D_Boa 8-Stillwater,MN 55082-0008 Tek phone_651-430-8001-Fax 851 6017-TTY-851-43(]-0248 WWW .ce.x®shingron.mn.us was"fon County rsan equaloppo hrndy Drganaatmm and emprvyer Page 112 of 116 SO- Oak Park Heights Request for Council Action Meeting Date August 25, 2020 Agenda Item Reschedule November 6, 2020 City Council Meeting Date for Canvassing Election Results Time Req. 5 Agenda Placement New Business Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Reschedule Meeting Date Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). At the beginning of the year when the City Council set the meeting dates for 2020, the regular first meeting in November(November 10) was removed from the calendar to accommodate attendance of one or more members of the Council at a conference. Because it is required to canvass municipal election results between three and ten days after the election, the City Council set a meeting on Friday, November 6. I received notification from Washington County that due to the expected number of absentee ballots this fall, and the special provision that ballots can be mailed and received by November 5, they will not have results to me until November 10. I request the City Council reschedule the November 6 meeting to sometime between November 10 and November 13. Keep in mind that City Hall is closed November 11 for Veteran's Day and no public meetings can be held on a holiday. Page 113 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 114 of 116 Oak Park Heights Request for Council Action Meeting Date August 25th, 2020 Time Required: 5 Minutes Agenda Item Title: Select Date for Chief of Police Candidate Interviews with City Council. Agenda Placement New Business Originating Department/Requessttor: 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): On August 13th, 2020 the Police Chief Hiring Committee did interview five (5) candidates for the position. It should be noted that the Committee found all five persons to be solidly applicants assume the role and all enjoyed meeting each person. It was hoped that the Committee would carry-forward two persons to a final round of interviews with the City Council; but that decision proved challenging considering the candidates. So, the Committee would offer three options to the Council for a next round of interviews. Perhaps, the Council could coalesce around one person or perhaps even have another round if necessary. In either case, it is appropriate for the Council to meet these three persons in an interview forum. Accordingly,the Committee is recommending that the Council select a date/time for these interviews in mid-late September with a time allotment of 45-minues for each person would seem realistic. Recall,the Council set a start date for Late November,2020 so our timelines still remain realistic. Page 115 of 116 THIS PAGE INTENTIONALLY LEFT BLANK Page 116 of 116