Loading...
HomeMy WebLinkAbout3 RESOLUTION 20-05-23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS OUTLINING FURTHER POLICIES AND REQUESTS RELATED TO ASSISTING IN ECONOMIC RECOVERY FOLLOWING THE COVID-19 OUTBREAK Whereas,the State of Minnesota and numerous communities have been impacted by the outbreak of COVID-19 virus forcing the slow down and,in some cases,shuttering of businesses creating significant unemployment;and, Whereas, many individuals have also been impacted by the COVID-19 outbreak with the loss of employment and critical income;and, Whereas, the State and Federal Governments have begun to implement various tools to aid in the recovery of businesses and employment; the City of Oak Park Heights may also consider responsible actions to aid effected businesses and their staff as well as its general population; and, Whereas, the City has previously approved resolutions outlining certain City responses, it has continued to evaluate its options related to any continued assistance it may be able to offer as well as explore other public-private partnerships to advance solutions to address these matters stemming from COVID-19 matter. NOW,THEREFORE, BE IT RESOLVED that the City Council for the City of Oak Park Heights enacts the following to further clarify on-site sales of alcohol: That in addition to the permissions allowing the sale of food and/or alcoholic beverages in established outside seating areas that have been approved prior to the date of this Resolution;for temporary purposes through October 3151, 2020 operators that hold a valid"on-site"license may also engage in on-site food and/or alcohol sales in temporary outside areas subject to: 1. Submission to the City of a reasonable Iayout/plan to be first approved by the Owner and the Office of the City Administrator prior to any operation. The plan must show any areas proposed to be used for outside sales of alcohol and/or food to be reasonably compact and contiguous to the operator's facility and not have any traffic or other apparent safety conflicts. If approved by the City, the City Administrator will issue a written permit outlining the terms and conditions of the temporary expanded outdoor sales, and the Owner/Applicant must comply with all terms of the temporary permit and the temporary permit will be subject to revocation if violated. 2. Submission of documentation demonstrating that operator's insurance references and includes the planned demarcated outside areas. 3. In addition to the foregoing,the operator is also responsible for ensuring all alcohol remains on the property and within the temporary approved allowed sales area. If alcohol sales violations occur in the temporary outdoor area or violations of alcohol leaving the approved sales area occur,or 2 violations of noise ordinance occur,the City may immediately repeal the allowance to the operator until petition by the licensee and hearing before City Council for reinstatement. This immediate withdrawal would not include the regularly licensed or previously approved areas. 4. The Operator and/or Owner remain solely responsible to ensure safe operations including but not limited to pedestrian safety and traffic management,sanitation and food safety practices as well as complete compliance with social distancing requirements set forth by the State of Minnesota relative to the COVID-19 virus and related Governor's orders. Be It Further Resolved,that City Staff shall actively implement these goals to the extent authorized under Minnesota law and provide the necessary communications to related offices and entities. The Resolutiaeas en duly considered and adopted by t i Cou4tsday o ay,2020. M rt Attest. ric Johnson,City Administrator 4 RESOLUTION NO. 2. -()S-ZL. 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 LUCY AND IRWIN 'TURNER FOR A CONDITIONAL USE PERMIT TO ALLOW THE REPLACEMENT OF A GARAGE THAT WILL EXCEED THE 1400 SQUARE FOOT TOTAL ALLOWANCE FOR ACCESSORY BUILDING FLOOR AREA AT 5714 PENROSE AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request by Lucy and Irwin Turner(Applicants) for a Conditional Use Permit to allow the replacement of a garage that will exceed the 1,200 square foot total allowance for accessory building floor area at 5714 Penrose Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit. SEE ATTACHMENT A and 2. The Applicants have submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family dwellings and accessory structures are a permitted use; and 4. The Applicants have removed an accessory building from the property and propose a new 576 square foot garage in the same location; and 5. There are two garages within the principal structure, a lower level garage of 441 square feet and an upper garage of 506 square feet for a total of 947 square feet; and 6. The total proposed floor area of the attached and detached accessory building will be 1,523 square feet; and 7. Section 401.15.1) of the Zoning Ordinance requires the following: "no accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred(1,200) square feet of floor area except by approval of a Conditional Use Permit"; and 8. The Applicants have applied for a Conditional Use Permit to allow for the additional garage space over what is allowed under Section 401.15.D of the Zoning Ordinance; and 9. City staff prepared a planning report dated May 6, 2020 reviewing the request; and 10. Said report recommended approval of the Conditional Use Permit in that it is in conformance with the standards and criteria for issuance of Conditional Use Permits found in Section 401.15.1), and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 11. The Planning Commission held a public hearing at their May 14, 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 Lucy and Irwin Turner(Applicants) for a Conditional Use Permit to allow the replacement of a garage that will exceed the 1,200 square foot total allowance for accessory building floor area at 5714 Penrose Avenue and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The new detached garage, in combination with the existing attached garage space within the principal dwelling, shall not exceed 1,550 square feet. 2. The Applicants shall provide a drainage plan for the garage including proposed floor elevation of the new structure, elevation of the existing drainage grate, and drainage patterns. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 3. All setback requirements of the Zoning Ordinance shall be complied with. The south property line shall be verified and marked by a registered land surveyor. 4. Any exterior mechanical equipment associated with the garage shall be screened. 5. The exterior of the proposed garage shall be finished with siding and painted to match the current home exterior. 6. The applicant shall apply for and receive a building permit for the structure. Approved by the City Council of the City of Oak Park Heights this 261 day of May 2020. a� Mary McCotiiber, Mayor ATT ST• t --`jc jA. <lohnson, City Administrator ATTACHMENT A 01. Conditional Use Permit For Luce 8 Irwin Turner To Exceed Allowable Square Footage For Accessory Structures Washington County, Property Identification Number: 03.029.20.23.0015 & 03.029.20.24.0018 Legal Description; Beach's Addition Lot 5, Block 2—Part of Lot 5 002 being the S. 5 ft. thereof Beach's Addition to Oak Park Heights and Beach's Addition Lot 7, Block 2—Lot 6&N. 20 ft. of Lot 9 002 Oak Park Heights Physical Address: 5714 Penrose Ave. N. ATTACHMENT B 0 Conditional Use Permit For Lucy & Irwin Turner To Exceed Allowable Square Footage For Accessory Structures 5714 Penrose Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Public Hearing & Recommendation: May 14, 2020 Required Approvals: CUP Amendment City Council 4/5 Conditional Use Permit- Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve(12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) RESOLUTION._`,-O - t0 5-')!5 OAK PARK HEIGHTS IS ESSENTIAL, IN SUPPORT OF FAIR,DIRECT FEDERAL EMERGENCY SUPPORT TO REOPEN AND REBUILD LOCAL AMERICAN ECONOMIES WHEREAS,America's cities,towns and villages face unprecedented threats due to the ongoing COVID- 19 pandemic emergency; and WHEREAS, municipalities are essential to America's economic recovery and without funding support for local governments,municipalities may go from being a critical part of the economic solution,to becoming a major obstacle to long-term stabilization and recovery;and WHEREAS,America's cities,towns and villages will experience budgetary shortfalls of up $134 billion in fiscal year 2020 alone,and the negative effects of the pandemic emergency on local communities will continue long after this year; and WHEREAS,three million critical municipal worker jobs are at risk,threatening cuts to basic community services, including 9-1-1 response,sanitation, and maintenance; and WHEREAS,communities have taken extraordinary measures to protect health,safety, and the continuation of essential services throughout the emergency; and WHEREAS,the City of Oak Park Heights also expects to see impacts to its tax base and significant job losses which will impact ability to deliver public services; and, WHEREAS, America's rural communities and small towns are struggling just as much as big cities and risk being left behind or wiped out entirely. NOW, THEREFORE,BE IT RESOLVED that the City Council for the City of Oak Park Heights calls on Congress to allocate fair and direct federal support to all of America's communities, regardless of population size; and BE IT FURTHER RESOLVED that this funding must be flexible and address not only the additional expenses incurred by communities to respond to the pandemic emergency,but also the dramatic budgetary shortfalls resulting from pauses in commerce,tourism,other economic engines; and BE IT FURTHER RESOLVED that local governments will ensure federal funds are immediately used to rebuild and reopen the national economy; and BE IT FURTHER RESOLVED that funding will keep middle class workers employed and critical services operating; and BE IT FURTHER RESOLVED THAT the City of Oak.Park Heights has been part of the emergency response and,rigw;c�alls on Congress to build a united national partnership for a safe,healthy,prosperous ;Rn as been duly considered and adopted by tTi' ity Cour�i[ his 26t/ay of May,2020. May r�cC46mber son,City Administrator RESOLUTION 20-06-26 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF JIM KREMER AS OAK PARK HEIGHTS PLANNING COMMISSIONER 2013—2020 WHEREAS, Jim Kremer has served as an appointed member of the Planning Commission for the City of Oak Parr Heights from February 2013 through May of 2020; and WHEREAS, the City Council of the City of Oak Park Heights relies upon the recommendations of the Planning Commission to assist in shaping the vision of the City's development and growth; and WHEREAS, Jim. Kremer's contributions of time, effort and dedication to the Planning Commission have been valuable and sincerely appreciated, resulting in positive planning and outcomes for the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Oak Park Heights commends and thanks Jim Kremer for his service, dedication and commitment to the interests of the citizens of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 23rd day of June, in the year 2020. Mary � om er, Mayor v ATT T• / ip` hnson, Cita Administrator v �/o RESOLUTION 20-06-27 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF JENNIFER GIOVINAZZO AS OAK PARK HEIGHTS PLANNING COMMISSIONER 2017—2020 WHEREAS, Jennifer Giovinazzo has served as an appointed member of the Planning Commission for the City of Oak Park Heights from August 2017 through March 2020; and WHEREAS, the City Council of the City of Oak Park Heights relies upon the recommendations of the Planning Commission to assist in shaping the vision of the City's development and growth; and WHEREAS, Jennifer Giovinazzo's contributions of time, effort and dedication to the Planning Commission have been valuable and sincerely appreciated, resulting in positive planning and outcomes for the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Oak Park Heights commends and thanks Jennifer Giovinazzo for her service, dedication and commitment to the interests of the citizens of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 23rd day of June, in the year 2020. Mary McC'om er, Mayor ATT ST 'Eric Jo 'son ity Administrator RESOLUTION -Q(Q-2a A RESOLUTION OUTLINING THE CITY CONTINUED SUPPORT FOR THE USE OF CITY PARK PROPERTIES FOR PERMITTED ORGANIZED YOUTH SPORTING OPPORTUNITIES Whereas,the COVID-19 Pandemic has had significant impact on the community including the closure of schools and many community events,and; Whereas,the City has limited access to park shelters and bathroom facilities as part of its response to COVID-19,but not officially closed its park systems due to the COVID-19; Whereas,the City has posted various notices at its Playgrounds and other outdoor facilities encouraging users of City parks to follow CDC and State of Minnesota Guidelines,and; Whereas,the City has issued a park use permit to the St. Croix Valley Athletic Association (SCVAA) for upcoming football and soccer programs in Fall 2020;permit issue date of Feb 4th,2020 NOW,THEREFORE,BE IT RESOLVED that the City shall continue permit use of such fields as pen-pitted however the SCVAA shall be required implement proper CDC/State best practices for social distancing in these events and that they re-affirm its indemnification and hold-harmless requirements to include any and all claims related to COVID-19 from itself, its officers,participants and all associated parties. Passed by the City Council for the City of Oak Park Heights this 23rd day of June, 2020. - 1 VaWMcCortnber, Mayor� Att t: Eric Johnso ity Administrator RESOLUTION 2,0-0(0-7-1 A RESOLUTION BY THE CITY OF OAK PARK HEIGHTS OUTLINING CURRENT POSITION ON PROPSED SOUTH FRONTAGE ROAD MANNING AVE AND STH 36. Whereas, the City of Oak Park Heights, the"City", has offered written support for the development of traffic solutions at the interface of Manning Ave/STH 36 including the development of an interchange; and, Whereas, the City was presented information throughout the development of that interchange layout that any frontage road lying in the south east quadrant was entirely defined and presented as an undefined "future project" and was not a meritorious element of the interchange discussion or layout parameters and was not engaged as an element of public discussion; and, Whereas, in early 2020, Washington County altered its position of this South Frontage Road, the "Project" from an"in the future"project to instead immediately seek a construction of this South Frontage Road in 2021 or 2022 and has begun the active pursuit of funding of such Project with various grants from other public agencies,such as the Metropolitan Council; and, Whereas, this timeline alteration is in direct conflict with the numerus positions presented to the community and to the City throughout the development of the Manning/STH 36 Interchange;and, Whereas, Washington County did not hold a prior meritorious or transparent public dialogue outlining the clear public need for such roadway,did not develop and present to the community a listing of alternatives nor develop a listing of expected impacts upon the community such Project would most significantly impact, namely the City of Oak Park Heights, NOW, THEREFORE, BE IT RESOLVED that, the City does not support the further advancement of this Proposal as the impacts to the City, its tax base and expected traffic operations remain wholly unknown and have not been reasonably vetted in timely and transparent fashion. BE IT FURTHER RESOLVED that the City requests the County withdraw from the further advancement of this Project—including the pursuit any final layout development or funding with outside entities and instead undertake a transparent public process that addresses the elements noted relating to demonstration of need, investigation of collateral impacts and the development of alternatives. BE IT FURTHER RESOLVED that the City Council does direct its Staff to advise Washington County that the County will be solely responsible for any and all City related costs associated with this Project should it be pursued as City taxpayers are not in a position to subsidize State,County or Regional projects;these costs include but are not limited to: impacts to City utilities and roadways, design, review and inspections as well as any proposed Regional Trails and their perpetual maintenance. BE IT FURTHER RESOLVED that the City Council does direct its Staff to inform other public agencies of the positions taken in this Resolution and to encourage them to advise Washington County reinitiate a transparent public dialogue prior to any further Project advancement. Passed by the City Council of the City of Oak Park Heights thi da2020 Mary", ry r ber,Mayor A I isJo son, City Administrator i 1 RESOLUTION -6-6�-30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS OUTLINING FURTHER POLICIES RELATING COVID-I9 OUTBREAK-COVID-19 PREPAREDNESS PLAN. Whereas, the State of Minnesota and numerous communities have been impacted by the outbreak of COVID-19 virus forcing the slow down and, in some cases, shuttering of businesses creating significant unemployment; and, Whereas, many individuals have also been impacted by the COVID-19 outbreak with the loss of employment and critical income; and, Whereas, the City is defined as a Critical Business necessary to aid its citizens, businesses and community, it is required by Executive Order 20-74 to adopt a COVID-19 Preparedness Plan by June 29h, 2020. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights enacts the attached Plan dated May 26th, 2020. BE IT FURTHER RESOLVED,that City Staff shall actively implement these protocols,including reasonable Plan amendments to the extent authorized under Minnesota law and provide the necessary communications to related offices and entities. The Resolution has been duly considered and adopted by the City Council this 23rd day of .lune, 2020 Ma or7ary McComber A>Gtest: Cite Administrator RESOLUTION 20-07-31 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM CARRIE OGAARD TO BE USED FOR THE CITY PARKS WHEREAS, Carrie Ogaard recently reserved the shelter at Autumn Hills Park and expressed appreciation for the use of the park. WHEREAS, Carrie Ogaard wishes to donate the refundable shelter deposit of One Hundred Dollars ($100.00) to the City of Oak Park Heights to be used for the City parks; and WHEREAS, the City of Oak Park Heights appreciates the generous donation and support of Carrie Ogaard; and WHEREAS, the donation shall be used for the City parks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the City shall accept the donation from Carrie Ogaard and that such donation shall be used by the City of Oak Park Heights for the City parks. 2020. Passed by the Cit ouncil for the City of Oak Park Heights this 28h day of July, Mary M oznber; Mayor At st: J l ns . City Administrator RESOLUTION 20-07-32 RESOLUTION ACCEPTING CORONAVIRUS RELIEF FUNDS AND ADOPTION OF CITY SPENDING PLAN WHEREAS, on March 11,2020, the World Health Organization(WHO)deemed the outbreak of a respiratory illness called coronavirus disease 2019(COVID-19) a pandemic; and WHEREAS, public health authorities at the federal, state, and local Ievels recognized the public health threat that COVID-19 poses; and WHEREAS, on March 13, 2020, President Donald Trump declared a Presidential National Emergency; and on the same day Governor Tim Walz declared a Peacetime State of Emergency in Minnesota; and WHEREAS, on March 17,2020,the Mayor of the City of Oak Park Heights declared a local state of emergency to respond to the impacts of the COVID-19 pandemic and which was continued by vote of the City Council; and WHEREAS,the City continues to respond to the COVID-19 emergency through the provision of direct services to impacted residents and the purchase of materials and supplies needed to support City employees, City residents and City business WHEREAS, on March 27,2020,the federal government passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, H.R. 748) to address the economic impact of the coronavirus; and WHEREAS,the CARES Act provided$150 billion in aid to. states and certain local governments, the District of Columbia and US Territories, and tribal government, called the Coronavirus Relief Fund (CRF) to address spending shortages related to the pandemic and to address necessary expenditures incurred due to the COVID-19 public health emergency; and WHEREAS,on June 25,2020,by executive action,Governor Walz distributed over$841 million in CRF funding to the counties, cities and townships in Minnesota, of which a total of$361,709 was allocated and provided to the City after providing the required certification form to the Department of Revenue on June 29, 2020; and WHEREAS, through the certification signed by the City Administrator, the City agrees to spend the funds in conformance with the CARES Act (H.R. 748), agrees to periodically report our spending as required by Minnesota Management and Budget (MMB), and agrees to return any unspent or unencumbered funds as defined by the state or federal guidance; and, WHEREAS, City staff reviewed the requirements as outlined in the CARES Act and the official guidance provided by the U.S. Department of the Treasury(Treasury Department) (most recently updated on July 8, 2020) and Frequently Asked Questions document prepared by the Treasury Department, WHEREAS, City staff have participated in webinars and/or reviewed significant guidance from Federal, State and LMC officials, including a session held on July 15t, 2020 as well as continued meetings such as those planned for July 29th, 2020, NOW,THEREFORE,BE IT RESOLVED that the City Council does hereby accept the funding as provided by the Governor's Executive Action of federal CRF funds in the amount of$361,709 and directs the funds be used to pay for expenses through the General Fund,utilizing departmental account 40900 to track expenditures of the CRF funding; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby approve the following expenses as reasonably necessary to the function of the City in this spending plan: Business Assistance-$50,000 The City will provide assistance to businesses (and/or their local support structures) to reimburse the costs of business interruption caused by required closures or costs incurred by businesses to respond to the pandemic, including costs for changes that are necessary to operate safely under the public health guidelines and other permitted uses. Elections Costs - $10,000 In order to administer the primary and general elections in 2020 under the guidelines for COVID- 19,the City will incur additional costs—generally for operational equipment that will enable social distancing and personal protective equipment. Support for City teleworking 1 Public Meetings - $45,000 In order to allow for City Staff as well as elected and appointed officials to work remotely but to also ensure continued public transparency, there is a need for additional equipment and/or licenses to be purchased. A portion of the City workforce continues to work from home or a remote location to allow for the appropriate social distancing as recommended by public health officials. Improvements to the City's technology infrastructure is necessary to support this volume of teleworking and still provide for the security of the City's data. Other costs to support increased telework may include providing the necessary equipment to ensure appropriate work environments. Payroll Expenses- $150,000 As provided for in the CARES Act,and clarified through Treasury Guidance and Frequently Asked Question documents, as well as information provided in various webinars on allowable expenses for CRF funding, the City will utilize CRF funding to for the following payroll costs incurred March 1, 2020, through December 30, 2020: a) City costs (levy) for payroll costs in the Police Department and Administration elements as well as other City divisions, reimbursement for payroll costs for services that are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. b) Reimbursement of incurred payroll costs for COVID-19 benefit programs for paid sick and paid family and medical leave to enable compliance with COVID-19 public health precautions will also be applicable. c)Of the$1.50,000, $50,000 shall be allocated to a one-time hazard pay benefit for all Police Departmental staff that were required to report for regular duty and not work remotely following the issued State of Emergency and the subsequent closing of the City Hall facility. A final internal policy will be created to incorporate the included items to facilitate the expenses consistent with City policies. Personal Protection Equipment: $10,000 Additional cleaning equipment, specialized cleaning equipment, changes to facilities and other safety modifications necessary to provide services to customers in a safe manner and prevent outbreaks as well as to deal with future needs. Facility Modifications and Maintenance: $30,000 Purchase and installation of necessary equipment and or infrastructure that will better position the City's facilities to more fluidly practice social distancing and to improve general health/safety conditions related to COVID-type issues. Unallocated: $66,709 Remaining funds to be directed as needed to address COVID-19 pandemic. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council for the City of Oak Park Heights authorizes the City Administrator with consultation from the Finance Director to make limited adjustments to the spending plan as necessary to respond to changing conditions or guidance, cover additional yet unforeseen compensable expenditures, and to provide for the approval of individual contracts, policies or agreements necessary to carry out the spending plan. ADOPTED by the Ci ouncil for the Cite of Oak Park Heigh ouncil this 28th day of July,2020 % Signed; Mayor Mary omber Angst City Ad in* rator Eric Johnson G MDEPARTMENT OF REVENUE Coronavirus Relief Fund Certification Form The Coronavirus I;:OO Funj(CRi ccrtrfcatinn rnn• nr,r,t he submitted pr}or to disbursement of the funds. S h-Bit by octad to i.,or by man to Property Tax Division,Mail Sleti❑n 3342,St Paul,MN 55146 Name of local Gov¢rnment(if City or toeivn indude county} SWIFT Supplier ID#('rf knpvn ] Phone humtaer ®�—' C'Ity of Oak Park Heights 0000201733 651-439-4439 r tia,irr and Trtle of Person HIIYng put Form Finail aCd!ess - -- - Eric Johnson eafo'tnsun@cityotoakparkheights-corn "submitting this application,the above-named local government("local government")certifies that it will honor all commitments In the statements below and the Information and Requirements document. I. The distributed funds will Le ucf,,d by thelocapmeinment on'v to coder those cost_ a Are necessar4 elpendi-,ures incurred dcc to the public health emergency vrirh.r :,:eat to the Coronavirus Dlsease 2019(COL9D 19 ("necessary expenditures"'),as described and defined by or`i, guidance On sec ion 601(d)of the Sc:al Securlty Act as added Eti,section 5001 of public 7,2 'L decal guidance"}; b Were not accur,ntr=d'cr in Che budder n;o>t recently app-m�ed as of rvarca? "020.for the Ixal government;and c. Were or wdl be incurred during the period 111a1 b 0 m o i h%arch 1,207C, and^rids on December 1,2020.A cast is incurred wnen the local government has expended funds to cover the cast 2. The funds disiributcc p,,rsuant to this certification will rioz be used by the local go vemment in any manner contrary to federal guidance.This Includes,but is not limited to: a As a rewenuc r c;dl cement for lower than expected tax or other revenue cDflettions;and Ill For expenditures to w`Yich the cocai government has received other emergency COVID-19 supplemental funding for that same expense -yardless of the funding source. 3. Tne IecaI government is resp--n,o -nr repayment of any funds used by the local government m any manner contrary to Feder,.'nr StMp of Mim125c;te guioance. 4, The local i eacrnment will pi-nodir,iy report expenditures tram the Coronavirus Relief Fund as required by Minnesota Ma.agrYrrer4 and Budget. 5. Any sic amount remaining un—penled by an ellgible city or town on November 15,2024,must be sent to the home county in which the city or town:s I--cater- For cities 10-ted in Hennepin County the funds'rust be transterrcd to Heitnepin County htedicaf Center of granted to another hospital in,h.2 county's boundaries.Far the cities or'.awns located in Ramsey County the funds must be granted to Regions Hospital nr another hospital in the county's boundar es.The transfer mL,t be made no later then November 24,2020.Any amount ;f aid remammu urro-wended by an ei4�11rle county by DecerriFer 1, 2020 must be ielurnr.d t::Mimmota Managementand Budget by Decerroer 10,2020, 6. The locA government wN maintain copies of any agreements to share fn*cnevlrus Relief Funds pursuant tc.v joint Powers 291("r Y ,r thine-Stat.§471.59.Coplgs of such agreements and accounting mus be sufficient to doCualelll the 1-1c. d Jlibuted to other local governments, 7. The c l g:;vemment is responsible for FEMIA nonfederal share,increased workers compensation costs,and costs of supocrtrno its Community Health Board COvID-19 response,and shouid not antfciG2te additional state funds for these- purposes_ 3 the inial government unue'stands t lit these funds are subject to the reouirements under the Single Audit Act(31 u.S.0 b8 ?Sol 5'Zitod the rel-r_Ertd p-ovasions of the Linifcrm Guidance,2 C.F.R.§200.303 regarding internal Controls,§§200.330 tiro,izh 200'M reEardir,q subrecioient monitoring and management,And subpart F regarding audit requirements. 1 certify thcri r home the ourhgilty to cOn"Plete this certification on behalf of the local government. signature of riefof Local Government Date ,.......- J J ' Fed 6i` w,4d Nrj",end FBA rvurnber Got(d)of the social Security Act(CARFS Act)CF DA Number 21.015 RESOLUTION NO. 20-07-33 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST FROM OLIVIA GAVIC, REPRESENTING CREATIVE HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW A REDUCED FRONT YARD SETBACK FROM 30 FEET TO 20 FEET FOR LOTS 79 8, AND 9, PALMER STATION LOCATED AT 56069 55739 5609 OAK GROVE NORTH, BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8, and 9, Palmer Station located at 5606, 5573, 5609 Oak Grove North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 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 City Council approved the request for a rezoning, Planned Unit Development, and Preliminary and Final Plat for a thirteen-lot subdivision of the Palmer property at their July 22, 2014 meeting; and 4. The Applicant has requested that the City consider allowing a 20-foot setback instead of the required 30-foot setback; and 5. The requested 20-foot setback will preserve a mature maple tree (45-inch base), allow for more useable back yards, and will keep homes more in line with existing homes on Oak Cove; and 6. A Planned Unit Development Amendment is required to reduce the setback to 20 feet; and 7. City staff prepared a planning reports dated July 16, 2020 reviewing the request and criteria for Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said report recommended approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their July 23, 2020 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted for a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 20 feet for Lots 7, 8, and 9, Palmer Station located at 5606, 5573, 5609 Oak Grove North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The final grading and drainage for the three lots shall be subject to approval of the City Engineer. 2. Any other conditions of the Planning Commission, City Council and City Staff. Approved by the Ci it of the Ci ak Park I *ghts this 28th day of July 2020. Mary Mmber, Mayor ATTES Eri so City Administrator 2 ATTACHMENT A Conditional Use Permit Front Ward Setback Reduction Allowances Lots 7, 8 & 9 Palmer Station 5606, 5573 & 5607 Oak Code N. Washington County Parcel ID Numbers: 04.029.20.23.0097 04.029.20.23.0098 04.029.20.23.0099 Legal Description: Lot 7, 8 and 9, Block 1, Palmer Station ATTACHMENT B =If Conditional Use Permit Front Yard Setback Reduction Allowances Lots 7, 8 & 9 Palmer Station 5606, 5573 & 5607 Oak; Cove KI. Application Materials o Application Form Fees Plan Sets Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington County (3507150' from subject property) Proof of Ownership or Authorization to Proceed Property Tax Statements)/Legal Description(s) Planning Commission Public Hearing & Recommendation: July 23, 2020 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) RESOLUTION NO. 20-07-34 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF APPROVAL OF THE CITY COUNCIL THAT THE REQUEST BY RICK NELSON FOR A FRONT YARD SETBACK CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN ATTACHED GARAGE AND HOUSE AT 15242 64""' STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request by Rick Nelson (Applicant) for a front yard setback Conditional Use Permit to allow construction of an attached garage and house at 15242 601 Street North; and after having conducted a. public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The Applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-2 Low and Medium Density Residential District in which single family and two-family dwellings and accessory structures are a permitted use; and 4. Section 401.15.C.1.d of the Zoning Ordinance requires a 30-foot front yard setback, 10-Foot side yard setback and 30-foot year yard setback in the R-2 Single Family Residential District; and 5. The Applicant proposes to remove the existing garage, add a 1,200 square foot garage and house addition, as well as a living unit in the second story for use by family members; and 6. The existing house is set back 6.2 feet from the right of way of 64`h Street and is a legal nonconforming structure. The Applicant has proposed that the garage will be 22.7 feet from the right of way of 64'h Street. Section 401.15.A.10 of the Zoning Ordinance states that if the garage and addition had been proposed at 30 feet, an administrative approval could be granted but in that the addition is proposed at less than the 30 foot setback, a Conditional Use Permit is required; and 7. Section 401.15.G l.e.5 of the Zoning Ordinance allows for a required yard on a lot to be reduced by a Conditional Use Permit if conditions are met; and 8. City staff prepared a planning report dated July 16, 2020 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permit in that it was in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their July 23, 2020 meeting, took comments from the applicants and public, closed the public hearing, and 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 and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 2. All required utility and drainage easements will be provided with documentation to the City. The lot combination approval will need to be filed with Washington County. 3. If the unit is rented to non-family, it will need to comply with all Zoning Ordinance requirements for a two-family unit. 4. Any exterior mechanical equipment associated with the garage and addition shall be screened. 2 5. The exterior of the proposed garage and addition shall be finished with siding to match the current home exterior. 6. The applicant shall apply for and receive a building permit for the structure. 7. Any other conditions of the Planning Commission, City Council and City Staff. Approved by the C' y Council of the City of Oak Park Heights this 28th day of July 2020. Mary Mcdoznbe7 Mayor XAT �j ty Administrator l r' 3 ATTACHI&EKIT A Conditional Use Permit Front Yard Setback Reduction Rick &- Tianna Nelson 15242 64th St. N. Iftfashington County Parcel ID Number: 34-030,20,32.0001 Legal Description. Lot 1 thru 3, Block 1, McKenty's Addition to Stillwater s Conditional Use Permit Front Yard Setback Reduction Rick & T'ianna nelson 15242641h St. N. Application Materials E Application Form r Fees C, Plan Sets C Written Narrative and Graphic Materials Explaining Proposal n Mailing List from Washington County (350'/150' from subject property) C, Proof of Ownership or Authorization to Proceed C Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: July 23, 2020 Required Approvals. CUP City Council 4/5 Conditional Use Permit e 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) RESOLUTION 20-0'7-35 A RESOLUTION RELATING TO THE PARTIALVACATION OF UTILITY AND ROADWAY EASEMENTS Whereas, in 2019 Central Automotive(David Triemert)applied for and secured a Conditional Use Permit for the purposes of constructing and operating an auto repair business at the southeast corner of Osgood Ave and CSAH 24, on a parcel of property to be finalized and re-platted and legally described as follows: Lot 1, Block], Oak Park Heights Auto Plaza 2nd Addition; (hereinafter the"Property")and, Whereas,the approval elements included the establishment and finalization of a Final Plat being Oak Park Heights Auto Plaza 2nd Addition; and, Whereas,the 2019 City approvals included a partial vacating of the 30' wide Utility and Roadway Easements located at the southern lot line of the Property to 20' wide as outlined on"Exhibit A"attached hereto and in condition#2 of City Council Resolution 19-05-25: 2. As pari of the Final Plat approval, the 30-foot easement at the south property line shall be reduced to 20 feet. A public Bearing of the City Council shall be conducted to consider the reduction of the easement width. Whereas,vacations of existing public easements require a public hearing and neighborhood notice and which was duly posted and notices are now completed; and, Whereas, the legal description of that portion of the Easement to be partially vacated is as follows: The northerly 10 feet of the 30 foot Utility and Roadway easements as dedicated in Document Number 539534. And, For Platting Purposes(area to be vacated): The north IO feet of the south 30 feet of Lot 1, Block], Oak Park Heights Auto Plaza 2i°Addition, according to the recorded plat thereof, Washington County. See Exhibit A to this Resolution- Proposed Easement Vacation. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Oak Park Heights that it does authorize and approve the partial vacation of the northerly 10 feet of the existing Utility and Roadway Easement located on Lot 1,Blockl, Oak Park Heights Auto Plaza 2"d Addition,thereby reducing it from 30' to 20' inidth, subject to any final amendments required by the City At/th Pafor the City of Oak Park Heights this 2 ay of July, 2020 Mary etomber, Mayor Johns Administrator [01501-33459/2729914/11 EXHIBIT A to Resolution 20-t 35 4, fin Ui 41Z n 7� SWVLZ 3X.9TA5 At Ny 0A -4 4W WIT N I 'A 0 [01501-33459/2729914/1] RESOLUTION NO. 20-08-36 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 Mitulehaha 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 and 6. City staff prepared a planning report dated August 6, 2020 reviewing the request, 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 recommended the application with conditions. NOW, THEREFORE, BE 1T 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 and comply with proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit, obtain, and comply with a Stormwater Pollution Prevention Plan and Notification for Above Ground Storage Tanks to the MPCA. 4. The Applicant shall submit, obtain, and comply with a Spill Prevention and Control Countermeasure Plan to the EPA. 5. The Applicant shall submit, obtain, and comply with 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 and utilized in winter months. 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 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 Iighting fixtures shall be full cut off and provided with shields in compliance with the Iighting standards of the Zoning Ordinance, 12. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 13. The Applicant shall maintain appropriate trees and shrubs or other screening methods on the periphery of the site to shield the site from adjacent properties in compliance with the Zoning Ordinance, subject to review and approval of the City Arborist. 14. Signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 1.5. 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 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. 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. 2020. Approved by the City Council of the City of Oak Park Heights this 25th day of August 3 Mary M,c .omber, Mayor V ATTES . Eric A. J son, City Administrator 4 ATTACHMENT A IiAdMIML .a 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 % of the SW '/ of Section 3, Township 29, Range 20, contained within the following bounds, to-wit; Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said Section 3, and running thence West 24 rods and 3 feet; thence South 21 rods and 9.9 feet to the place of beginning, excepting therefrom the South 150 feet thereof. 5288 Stagecoach Trail N. WC Property ID: 03.029.20.31.0003 Legal Description: The North 963.6 feet of the East 429 feet of the NE '/ of the SW % of Section 3, Township 29 North, Range 20 West, excepting the following two tracts: 1. The North 232 feet of the East 165 feet thereof, and 2. The South 262 feet of the North 494 feet of the East 233 feet thereof. 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) RESOLUTION 20-09-37 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING ADJUSTMENTS TO THE 2020 BUDGET WHEREAS, The City Council adopted the 2020 budget for calendar year on December 10, 2019; and, WHEREAS, the City Council for the City of Oak Park Heights during the 2020 City Operations determined possible budget items that may need additional funding for unforeseen expenditures related to Washington County's extension of Manning road; and WHEREAS, the City Council for the City of Oak Park Heights has determined that funds from the General Fund should be allocated in accordance with the Fund Balance Policy as adopted by the Council NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights to adjust the 2020 General Fund Budget for the following: 2020 PROPOSED FUND BALANCE ADOPTED 2020 BUDGET ALLOCATION BUDGET ESTIMATE AMDENDMENT AVAILABLE ENGINEERING $ 26,000 $ 56,000 $ 30,000 $ 830,000 That the 202 udget is hereby adjusted utilizing fund balance and approved as presented by the ity Finance Director in the total amount of 30,000 se by fie City Council for the City of Oak Park Heights this 22nd da of Sept mbe 020.// y u A 5t: Mary'McComber, Mayor Eric A. J on Ad finis a r r RESOLUTION #20-09-38 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2021 PROPOSED BUDGET AND GENERAL FUND LEVIES WHEREAS, the City Staff has prepared and submitted to the City Council it' s proposed budget for calendar year 2021; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights . NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights as follows : 1 . That the 2021 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $6 , 107 , 322 . 2 . That the City Administrator is hereby authorized and directed to certify to Washington County the Proposed General Fund levy for the City of Oak Park Heights for the calendar year 2021 in the amount of $5, 691, 012 . Passed by the City Council for the City of Oak Park Heights this 22nd day of September 2020 . Maj cComber, Mayor Atte t : Eri J son Admin' trator RESOLUTION NO. 20-09-39 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 CAROL JOHNSON FOR A CONDITIONAL USE PERMIT TO ALLOW AN AMENDMENT TO THE CONDITIONAL USE PERMIT GRANTED JULY 23, 2019 RELATED TO THE HEIGHT OF THE PRINCIPAL STRUCTURE AT 6165 BEACH ROAD NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Carol Johnson (Applicant) for a Conditional Use Permit to allow an amendment to the Conditional Use Permit granted July 23, 2019 to remove Condition 5 as it relates to the height of the principal structure at 6165 Beach Road North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended approval of the request. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-2 Low and Medium Density Residential District in which multiple family dwellings of four units and less and accessory detached structures are an allowed conditional use; and 4. The Applicant is requesting an Amended Conditional Use Permit to allow a chac)ge to the conditions of the July 23, 2019 Conditional Use Permit approvals related to the height of the principal structure and a newly constructed accessory building; and 5. Section 401.15.D.3 of the Zoning Ordinance states that "accessory buildings shall not exceed twenty(20) feet in height or exceed the height of the principal structure on the lot"; and 6. Section 401.15.D.10 of the Zoning Ordinance requires that"the exterior appearance of the accessory building including the roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint"; and 7. The Conditional. Use Permit approved by the City Council July 23, 2019 included Condition 5 that stated "The height of the accessory structure shall not exceed the height of the principal structure"; and 8. The Applicant constructed the accessory building with a 12/12 pitched roof that exceeds the height of the principal structure, which has a flat roof; and 9. The Applicant had intended to place a pitched roof on the principal structure that would match the pitch and exceed the height of the accessory structure but realizing the structural difficulties of the principal structure, the mass and scale that the pitched roof would add to the structure, and drainage issues that the added pitch could create has asked for an amendment to the conditions of the July 23, 2019 Conditional Use Permit that would remove Condition 5; and 10. City staff prepared planning reports dated September 2, 2020 and September 9, 2020 reviewing the request; and 11. Said September 9, 2020 report recommended approval of the Conditional Use Permit in that it was in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.13, and Section 401.03).A.7 of the Zoning Ordinance; and 12. The Planning Commission held a public hearing at their September 10, 2020 meeting, took comments from the applicants and public, closed the public hearing, and recommended that Condition 5 of the Conditional Use Permit approved July 3, 2019 be removed, based upon the following: a. The property and principal building are unique in that the principal structure is a flat roofed structure in which the first level is partially below grade. b. There are few flat or pitched roofed single family or multiple family dwellings in the City of Oak Park Heights in which the accessory structure would exceed the height of the principal structure. C. Adding a gable roof to the existing flat roofed multiple family structure would add to the mass and scale and would be at odds with the existing single-family character of the neighborhood and not consistent with the Conditional Use Permit criteria found in Section 401.03.A.7 of the Zoning Ordinance. 2 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 Carol Johnson (Applicant) for a Conditional Use Permit to allow an amendment to the Conditional Use Permit approval granted July 23, 2019 to remove Condition 5 as it to the height of the principal structure at 6165 Beach Road North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following condition: 1. The conditions listed in the July 23, 2019 Conditional Use Permit approval shall remain in effect except for Condition 5 which is hereby removed. Approved by the City Council of the City of Oak Park Heights this 22r'd day of September 2020. f; Mary Mc(b nber, Mayor ATT4TCidministralt'or % s Eric 3 ATTACHMENT A Conditional Use Permit Allowing Amendment to July 23, 2019 Conditional Use Permit Related to Height of Principal Structure At 6165 Beach Road N. Washington County Parcel Number:34.030.20.33.0143 Legal Description: Lots Eleven (11), Twelve (12) and Thirteen (13), except the Northerly Seventeen and seventy- five hundredths (17.75) feet of said Lot Thirteen (13), all in Block Nineteen (19), Elfelt's Addition to Oak Park, according to the Plat thereof and on file and of record in the office of the Register of Deeds in and for said County and State. ATTACHMENT B Conditional Use Permit Allowing Amendment to July 23, 2019 Conditional Use Permit Related to Height of Principal Structure At 6165 Beach Road N. Application Materials • Application Form • Fees • Plan Sets + Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150'from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements)/Legal Description(s) Planning Commission Public Hearing& Recommendation: September 10, 2020 Required Approvals: CUP City Council 4/5 Conditional Use Permit- Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)