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HomeMy WebLinkAbout03-22-2022 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, MARCH 22, 2022 6:00 PM AT CITY HALL 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • Chief of Police • Assistant City Administrator/City Clerk(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). A. Legislative Update—Ann Lenczewski, Lockridge Grindal (pg. 5) 6:10 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—March 8, 2022 (pg. 7) C. Approve Special City Council Minutes—March 18, 2022 (pg. 11) 6:15 p.m. V. Public Hearings 6:15 p.m. VI. Old Business 6:15 p.m. VII. New Business A. Minnehaha Transportation for a Conditional Use Permit to Allow a Truck Repair Operation with Outdoor Storage of Trucks at 5280/5288 Stagecoach Trail (pg. 13) B. Changes in ARPA Allocations—Treasury Guidance (pg. 55) 6:25 p.m. VIII. Other Council Items or Announcements 6:30 p.m. IX. Adj ournment Pagel of 58 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 58 P, Oak Park Heights Request for Council Action Meeting Date March 22, 2022 Agenda Item Rec !cl i nor Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor A$ministration/Jennifer Pinski i Requester's Signature \ Action Requested Receive Infornnation Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 58 City of Oak Park Heiahts 14168 Oak Park Blvd N.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 March 10, 2022 Montgomery Mestnik 5323 Ojibway Avenue North Oak Park Heights, MN 55082 Dear Mr. Mestnik: 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, March 10, 2022, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners, Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski City Clerk TREE CfTY U.S.A. Page 4 of 58 Oak Park Heights Request for Council Action Meeting Date March 22, 2022 Time Required: 10 Minute Agenda Item Title: _Legislative Update—Ann Lenczewski, Lockridge Grindal Agenda Placement VISITOR'S Comment/Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature e41— Action Requested Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken, or if other public bodies have advised): Ms. Ann Lenczewski, the City's Legislative Consultant from Lockridge-Grindal will be present (possibly via"Zoom")to provide the City Council a general update on the status of the City legislative priorities—the again are: 1. Bonding Bill 2. LGA Funding/Transition Aid 3. Timeline for Closure/ Clean up. 4. Additional Funding - $10,000,000 site redevelopment. NOTE: I am unsure at this time if Ann L. will be in person or possibly zoom - and even if the Legislative session would afford her time to appear on 3/22- we are hoping it can be accommodated with all the schedules in play. Page 5 of 58 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 58 V. XA 4- Oak Park Heights Request for Council Action Meeting Date March 22. 2022 Agenda Item Approve City Council Meeting Miziutcs — March 8, 2022 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 7 of 58 CITY OF OAK PARK HEIGHTS TUESDAY, MARCH 8, 2022 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McCoinber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Johnson, and Runk. Staff present: Police Chief Hansen, Assistant City Administrator/City Clerk Pinski, City Engineer Mann, and City Attorney Sandstrom. Absent: Council ni ember Liljegren and City Administrator Johnson. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the Agenda. Carried 4-0. II. Council/Staff Reports: A. Mayor McComber: Mayor McComber reported that she and City Administrator Johnson attended a call with the lobbyist regarding testifying on the King Plant bill before the Climate and Energy Committee; she watched the committee meetings on the bills and there was no opposition; she would be attending the Regional Council of Mayors meeting the following week; and she was appointed by DEED to the Energy Transition Advisory Committee. B. Councilmember Dou herty: No report. C. Councilmember Johnson: She reported the City would be accepting applications for community garden beds. D. Councilmember Liljegren: Absent. E. Councilmember Runk: He reported he would be attending the CVB meeting on March 9 and the Middle St. Croix Watershed Management Organization meeting on March 10. F. Staff. Assistant City Administrator/City Clerk Pinski reported that Michelle Sonterre of 14551 Upper 56h Street North was chosen as the recycling award winner. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—February 22, 2022 C. Approve Resolution Granting Application of Stillwater Area Fastpitch Association to Conduct a One-Day Raffle at Stillwater Area High School on May 7, 2022 D. Approve Proclamation for April 29, 2022 as Arbor Day and May as Arbor Month Page 8 of 58 City Council Meeting Minutes March 8, 2022 Page 2 of 2 E. Authorize KLM to Clean Exterior of Water Tower 1 F. Accept Donation for Memorial Bench for Trail Behind City Hall G. Approve Appointment to Planning Commission—David White to May 2024 H. Approve Appointment to Planning Commission—Jennifer Van Dyke to May 2025 1. Authorize St. Croix Crossing Half Marathon on July 30, 2022 Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. V. Public Hearings: VI. Old Business: None VII. New Business: A. 2022 Mill and Overlay— Accept Bids and Award Contract and Construction Services: City Engineer Mann reported that the apparent low bidder was T.A. Schifsky & Sons, Inc for a base bid of$610,640.37 with alternate of$403,563. Councilmember Dougherty, seconded by Councilmember Johnson, moved to accept the base and alternate by the low bidder. Roll call vote taken. Carried 4-0. Councilmember Runk, seconded by Councilmember Dougherty, moved to authorize agreement with Stantec for inspections. Roll call vote taken. Carried 4-0. VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Dougherty, seconded by Councilmember Runk, moved to adjourn at 6:08 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 9 of 58 THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 58 �,PI , Oak Park Heights Request for Council Action Meeting Date March 22, 2022 Agenda Item Approve Special City Council Meeting Minutes—March 18, 2022 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signatures_ 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 58 CITY OF OAK PARK HEIGHTS FRIDAY, MARCH 18, 2022 SPECIAL CITY COUNCIL MEETING MINUTES I. Call to Order: Mayor McComber called the meeting to order at 9:00 a.m. Present: Councilinembers Dougherty, Johnson, and Runk. Staff present: City Administrator Johnson, Assistant City Administrator/City Clerk Pinski, and City Engineer Mann. Absent: Councilmember Liljegren, H. Norell Ave & STH 36 Pro'ect: City Engineer Mann reported that the City held the bid opening on February 4, 2022 and received five bids. He said the low bidder was Eureka Construction at $3,130,886.04. He recommended the project be awarded to the low bidder. City Administrator Johnson reported that the City was required to pass two Resolutions: one for the grant agreement and one for the cooperative construction agreement. He reviewed the project expenses and funding sources. Councilmember Johnson, seconded by Councilmember Runk, moved to approve the Resolution for the grant agreement. Roll call vote taken. Carried 4-0. Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Resolution for the cooperative construction agreement. Roll call vote taken. Carried 4-0. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve Stantec's proposal for construction services. Roll call vote taken. Carried 4-0. 111. Adjourn: Councilmember Runk, seconded by Councilmember Dougherty, moved to adjourn.at 9:11 a.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 12 of 58 Oak Park Heights Request for Council Action Meeting Date March 22nd, 2022 Time Required: 5 Minutes Agenda Item Title: MINNEHAHA TRANSPORTATION FOR A CONDITIONAL USE PERMIT TO ALLOW A TRUCK REPAIR OPERATION WITH OUTDOOR STORAGE OF TRUCKS AT 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 attached from Scott Richards, City Planner 1. Planning Report—Dated March 3rd, 2022 2. Approved Planning Commission Resolution—Unsigned 3. Proposed City Council Resolution. Page 13 of 58 TPC3601 Thurston Avenue N,Suite 100 Anoka. MN 65303 Phone: 763.231.5840 Facsimile:763.427.0520 TPC&Plann1ngCo.conn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: March 3, 2022 RE: Oak Park Heights— Minnehaha Transportation Inc. Conditional Use Permit for Storage of Trucks— 5280/5288 Stagecoach Trail North TPC FILE: 236.02 — 22.01 BACKGROUND Indiris Mohamud has made application for use of the site at 5280/5288 Stagecoach Trail North for outdoor storage of trucks and truck repair. The application consists of a request for a Conditional Use Permit to allow the outdoor storage of trucks. The property has been used as a bus garage with outdoor storage of school buses. No exterior changes to the site or building are proposed with this request. The site is zoned I Industrial District. General vehicle repair is a permitted use, but the outdoor storage of trucks is a listed Conditional Use. In September of 2019, the City Council approved a request for the outdoor storage of trucks at the site. That Conditional Use Permit was allowed to expire. A Conditional Use Permit for the outdoor storage of school buses was approved in August of 2020. School buses were stored there until another location was found for bus storage. The request for the outdoor storage of trucks is an identical request to what was granted in 2019. EXHIBITS The review is based upon the following submittals: Exhibit 1: Letter to Eric Johnson — February 15, 2022 Exhibit 2: Narrative—August 28, 2019 Exhibit 3: Site Plan Page 14 of 58 Exhibit 4: Resolution to Allow Truck Repair Operation and Outdoor Storage — September 24, 2019 Exhibit 5: Resolution to Allow Outdoor Storage of School Buses and Related Vehicles—August 25, 2020 Exhibit 6: Site Pictures PROJECT DESCRIPTION The Applicant has provided a letter that is found as Exhibit 1 of this report as follows. The project narrative is found as Exhibit 2. "This letter us to assist the City of Oak Park Heights in understanding Minnehaha Transportation Inc.'s (Minnehaha) application for a conditional use permit (CUP) at 5280/5288 Stagecoach Trail N located in the I Industrial District. Minnehaha proposes to use with 900% of the same use conditions as the previous CUP. Minnehaha is seeking approval with similar terms to the previous CUP issued on November 5, 2099 (City Council approved on September 24, 2099). The uses shall be: Outside storage, truck repair shop, and body shop. Please see Exhibit 2 for out previous narrative." ISSUES ANALYSIS Comprehensive Plan. The property is designated as Residential/Business 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 • 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 has been installed to provide police, fire and other emergency services access. 2 Page 15 of 58 Hours of Operation. The Applicant has proposed that the facility be open from 6 AM to 9 PM Monday through Friday, and 8 AM to 6 PM on the weekends. Parking. Parking requirements for truck storage facilities are not outlined in the Zoning Ordinance. The submitted site plan indicates a total of 112 truck parking spaces and 113 car spaces. With a maximum of 75 to 80 trucks at a time, there will be adequate parking. The bus facility was permitted to a maximum of 100 buses, with no major parking issues noted in recent years. Adequate circulation for fuel deliveries and truck traffic is provided on site. Trash Enclosure/Tire Storage. All trash, recycling and tire storage shall be fully screened. Environmental. The previous Conditional Use Permit required the submittal and approval of a Stormwater Pollution Prevention Plan by the Minnesota Pollution Control Agency (MPCA). The Applicant should verify that that permit is in place with the MPCA. A Spill Prevention Control and Countermeasures Plan (SPCC) is required for any facility with above ground site storage facilities for petroleum exceeding 1,320 gallons. Body Shop. The Applicant has indicated that a body shop with a paint booth will be added as part of the truck repair operations. A paint booth had previously been installed but is not operational. Any ventilation or other requirements for the body shop and paint booth will need to be addressed and permitted by the City. Grading/Drainage/Utilities. With previous addition of curb, gutter, and adequate stormwater drainage facilities, there are no issues with the truck storage areas. The City Engineer shall approve any changes, if proposed, to the stormwater for the site. 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/Wall Signs. The Applicant has indicated that new signage will be added but has not provided a sign plan. All new signage shall require a permit and comply with the Zoning Ordinance sign requirements. Sian Illumination. All existing and new signs will be required to comply with the Zoning Ordinance sign lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. 3 Page 16 of 58 Lighting. The lighting for the site shall- be required to meet all Zoning Ordinance standards including full cut off fixtures. Any lighting that is not currently compliant shall be updated. Updates to the lighting will require City review and installed in compliance with the lighting standards of the Zoning Ordinance. Outdoor lighting for parking lots shall be turned off one hour after closing, except for approved security lighting. Noise. in 1999, when the bus garage was first approved, there was considerable concern related to adding of buses and back up warning systems. As a result, conditions related to all buses being backed into their respective spots at the end of the day and requiring block heaters and heater plugs was required. The Applicant shall address if the block heaters would be used and address any anticipated noise issues. Design Guidelines. There are no changes to the building proposed at this time. Any exterior changes that require Design Standards review will need to be addressed by the City. Conditional Use Permit Review Criteria. 401.32.E. Conditional Uses 1. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 409.95.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.B.7 of this Ordinance. 4 Page 17 of 58 Comment: The lighting shall be updated to be compliant with the Zoning Ordinance. e. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria for Conditional Use Permit is reviewed as follows in this report. Section 401.03.A.7 The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The Planning Commission should comment if any of these criteria will be at odds with the Conditional Use Permit proposed for the site. City Staff does not see any issues. CONCLUSION 1 RECOMMENDATION Subject to the preceding review, City Staff recommends approval of a Conditional Use Permit to allow the outdoor storage of trucks at 5280/5288 Stagecoach Trail North subject to the following conditions: 1. The number of truck vehicles including truck only, tractor only, trailer only, or combination track-trailer allowed onsite and stored outdoors shall not exceed 85. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 5 Page 18 of 58 4. The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the repair operation. 5. The Applicant shall comply with all Building Code requirements for the fuel tank and installation of a paint booth. A Building Permit shall be required from the City for the fuel tank and paint booth installation. 6. The Applicant shall provide a plan for noise and exhaust mitigation for review by the City. All air quality standards of the Minnesota Pollution Control Agency shall be complied with. 7. A rapid entry lock box shall be maintained at the entrance gate to provide police, fire and emergency services access. 8. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 9. All lighting fixtures shall be full cut off and replacedlinstalied in compliance with the lighting standards of the Zoning Ordinance. 10. The outdoor lighting shall be tumed off one hour after closing, except for approved security lighting. 11. 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. A tree plan shall be subject to approval of the City Arborist. 12. Signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 13. All noise generated from the business shall be compliant with Section 401.15.6.11 of the Zoning Ordinance. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 14. 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. 15. There shall be no outside storage, including tires and vehicle parts unless enclosed with a screen. No storage shall be allowed in trailers that are parked on the property. 16. Hours of operation skull be limited to 7:00 AM to 9:00 PM Monday through Friday, and 8:00 AM to 5:00 PM Saturday and Sunday except for 6 Page 19 of 58 emergency truck repair drop offs. The operations shall cease, and the entrance gate shall be locked no later than 15 minutes after the approved closing times or emergency truck repair drop off. 17. All employees shall be assigned a designated parking stall. No employee or vehicle client parking shall be allowed on Stagecoach Trail. 18. There shall be no overnight stays by clients. 19. If truck backing alert systems create a noise issue for surrounding properties, the City Council shall review the Conditional Use Permit and conditions of approval. 20. Annual review is imposed as a condition of this Conditional Use Permit. This permit shall be reviewed on or about October 1 of each year and may be amended or altered at the discretion of the City Council through an amended Conditional Use Permit. 21. Emergency vehicle access and business operations related to fuel dispensing shall be subject to review of the Police Chief and Fire Marshal. 22. 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 an in consideration of the grant of this new Conditional Use Permit. PC: Julie Hultman 7 Page 20 of 58 To: City of Oak Park Atlas: Eric Johnson Re: CUP at 5280/5288 Stagecoach Trail,N. 02/15/2022 This letter is to assist the City of Oak Park in understanding Minnehaha Transportation Inc.'s{"Minnehaha")application for a conditional use permit("CUP") at 5280/5288 Stagecoach Train N. located in the I, Industrial District. Minnehaha proposes to use with 100%of the same use conditions as the previous CUP.Minnehaha is seeking the approval with similar terms to the previous CUP issued on November 5,2019. The uses shall be: Outside storage,truck repair shop, and body shop. Please see Exhibit 1 for our previous narrative. IDlnrs MOMMUD PRESIDENT MmNEHAHA TRANSPORTATION INC 2507 WALNUT STREET ROSEV LLE,MN 55113 Page 21 of 58 Cr�.i�2 conditional Use Permit Narrative Submitted with CUP Application by Minnehahe Transportation,Inc.for 5280-53di3 Stagecoach Trail N. Oak Park Heights.MN. To:city of Oak Park Heights,August 28,2039 Property Usage. The facility will be designed to meet the needs of independent truckers in the Twin Cities metro area. When trucks are not operating on the road the owner need a place to park and serve them.our business will cater to those needs.The facility would park around 75-80 trucks at a time. Trucks stored and serviced will be semi-trucks:primarily dry goods haulers and car carrier haulers. The attached diagram shows how we anticipate the layout for the location.There will be parking spaces for semi-trucks.parking for employees and customers and the existing buildings on site, The primary working operation will be a mechanics shop to do engine and mechanical repair to the trucks on site. No other type of business operations are planned. We would also like to have a body shop In the adjacent building if local permitting permits. In addition,one of the building would be used as an office for scheduling and administrative needs. We are not planning to construct any additional buildings or bdilties. Fueling Illand,Above Ground Fuel Storagg We are in the process of negotiating the purchase of the existing above ground fuel tank dispenser currently being used by the school system. If we are unable to obtain the existing system,we plan to replace it with a similar type and size system. Per previously approved CUP application the location of the tank and fueling station have been chosen: I. 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 hollowed regarding the registration of the above ground fuel tanks. ' Hers of Operation overall hours of operation:g:OO AM to 9=PM Monday through Friday,and 8:OOAM to 6:OOPM on Saturday and Sunday. Because of the nature of the business there will be a minimum of traffic in and out since the ffaciiity is designed to park and repair. We do not anticipate any truck vehicles accessing the site after business hours. Page 22 of 58 lkhtiog and,$€anaee Parking lot lighting approved at the time of the previous CUP has not changed. Intensities at the property line at that time and now are within City requirements. No change in lighting is planned. No additional signage is proposed at this time, Trash.and Recycling Locations of two trash and recycling enclosures will remain as currentl Installed. The enclosures are re constructed of cedar typical of these types of enclosures and have doors. JaMins and Ph Iy Barriers According to finding 5e of the CUP from 1999:"The existing and proposed vegetation on the site will serve to mitigate any negative Impacts to existing development" The trees present at that time and planted subsequent to the 2009 approved CUP are still present and they have grown in size. They provide sufficient screening as viewed from the adjacent properties on the north,south,east and west. Applicant hopes and plans to have a good and respectful relationship with the surrounding neighbors and as such is willing to put a fence around the property to screen the buildings from public view If that is seen as desirable. F. .t We are planning on hiring up to 35 employees to work for us. i Applicant has no knowledge of a permit application for a new water service. Page 23 of 58 5.116,11,A s£k'5A` Mi.'WAY N..."J µS T'�YlMC NfY p"(*A>3 riT -•`NAY RAT ho ::.( 'A0.f �e f=encing by trees Truck parkin ; Truck Parking CuStamer Car - , Parking r i . : � � �wkethanres : Body } u ! $ icO , 3 _ 1 •: k 5280 5302 STAGECOACH TRL. MA, 3TA OAK "ARK NEIGE i T 5 ,.. LESEE OUTDOOR STORAGE Apt PARK€IG DESEGNATION A�.= YA• Page 24 of 58 444- RESOLUTION NO. 19-09-40 CITY COUNCIL CITY OF OAK PARD HEIGHTS WASHINGTON COUNTY,,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY MINNEHAHA TRANSPORTATION FOR A CONDITIONAL USE PERMIT TO ALLOW A TRUCK REPAIR OPERATION WITH OUTDOOR STORAGE OF TRUCKS AT 528015288 STAGECOACH TRAIL BE APPROVED WITB CONDI'T`IONS WHEREAS,the City of Oak Park Heights has received.a request from Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of ducks at 5280/5288 Stagecoach Trail; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: I. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned I, Industrial District. General velucle repair is a permitted use,but the outdoor storage of trucks requires the review of a Conditional Use Permit; and 4. The Applicant proposes a facility to park and service trucks and trailers for independent truckers in the Twin Cities metro area The facility would park around 75 to 80 trucks at a time, and Page 25 of 58 5. The primary working operation will be a mechanics shop for engine and mechanical repair. The Applicant has also indicated that a body shop may be added, and the existing fuel tank dispenser will be used; and 6. Design Guideline/Site Plan approval is not required in that no exterior building or site changes are proposed; and 7. City staff prepared a planning report dated September 6, 2019 reviewing the request; and 8. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their September 12, 2019 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW,THEREFOR%BE AT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT TIME CI`TV COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of trucks at 5280/5288 Stagecoach Trail and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the conditions as follows: 1. The number of truck vehicles including truck only, tractor only, trailer only, or combination truck-trailer allowed onsite and stored outdoors shall not exceed 85. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Stormwater Pollution Prevention Plan and Notification for Above Ground Store Tanks to the MPCA if the tank is to be replaced. 4. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 5_ The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the repair operation. 2 Page 26 of 58 6. The Applicant shall comply with all Building Code requirements for the fuel tank and installation of a paint booth. A Building Permit shall be required from the City for the fuel tank and paint booth installation. 7. The Applicant shall provide a pian for noise and exhaust mitigation for review by the City. All air quality standards of the Minnesota Pollution Control Agency shall be complied with. S. A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 9. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 10. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 11. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 12. The City Arborist should comment if there are any tree maintenance issues or sf additional trees should be added for screening and the Applicant shall provide a plan to take appropriate corrective measures. The tree plan shall be subject to review and approval of the City Arborist. 13. Any additional signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 14. All noise generated from the business shall be compliant with Section 401.15.B.11 of the Zoning Ordinance. No vehicle repair shall be conducted outside. The service doors to the building shall be closed at all times except when vehicles are shoved in and out of the service bays. 15. Mechanical equipment that is located on the roof or visible from street level or from neighboring properties shall be screened with materials that blend harmoniously with the building facade materials and in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 16 There shall be no outside storage,including tires and vehicle parts unless enclosed with a screen. No storage shall be allowed in trailers that are parked on the property. 17. The hours of operation shall be limited to 7:00 AM to 9.00 PM Monday through Friday and 8 AM to 5 PM Saturday and Sunday except for emergency truck repair drop offs. The operations shall cease, and the 3 Page 27 of 58 entrance gate shall be locked no later than 15 minutes after the approved closing times or emergency truck repair drop offs. 18. All employees shall be assigned a designated parking stall. No employee or vehicle client parking shall be allowed on Stagecoach Trail. The City shall make a request to Washington County that Stagecoach Trail, adjacent to the subject site in Oak Park Heights be designated for no parking on either side of the roadway. 19. There shall be no overnight stays by clients. 20. If truck backing alert systems create a noise issue for surrounding properties,the City Council shall review the Conditional Use Permit and conditions of approval. 21. Emergency vehicle access and business operations related to fuel dispensing shall be subject to review of the Police Chief and the Fire Marshal. 22. Annual review is imposed as a condition of this Conditional Use Permit. This permit shall be reviewed on or about October 1 of each year and may be amended or altered at the discretion of the City Council through an amended Conditional Use Permit. Approved by the City Council of the Cit f Oak P Heights this 2411 day of September 2019. A, v Mary M ornber, Mayor ATTEST: r,AT IC Eric A. son, City AdmfiiisYrafor 4 Page 28 of 58 ATTACHMENT A Conditional Use Permit To Allow A Track Repair Operation With Outside Storage of Trucks ]Vlinnehaha Transportation,Inc. Washington County Property Identification Number&Legal Description: 5280 SIMegach T WC Prope.nty ID: 03.029.20.31.0004 Legal Description: All Haat pert of the NE '% of the SW %of Section 3,Township 29,Range 20,contained within the foBiowing bounds,to-wit: Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said Simon 3,and manning thence Nest 24 rods and 3 feet;thence South 21 rods and 9.9 fed to the place of beginning,excepting therefrom the South 150 feet thereof. 5285 Sta each Traci N. WC Property ID: 03.029.20,31.0003 Legal Description: The North 963.6 foot of the East 429 feet of the NE'd 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 foe thereof and 2.The South 262 feet of the North 494 feet of the East 233 feet thereof Page 29 of 58 ATTACHMENT B Conditional Use Permit To Allow A Track Repair Operation With Outside Storage of Trucks Minnehahaa Transportation,Inc. 523415298 S92geconch Traall N. Application Materials Application Form Fees s Flan Sets Written Narrative and Graphic Materials Explaining Proposal Proof of Ownership or Authorization to Proceed Planning Caaanmission Review&Recommendation: September 12,2019 Conditional Use Peramlt-Lapse of Approvarl: Unless the City Council specifically approves a diffavmt tune when action is officially taken on the request,the conditional um permit sem]become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially staffed the construction of any buildin&structure,addition or alteration,or use requested as part of tha conditional use. An application to extend the approval of a conditional use peaa dt shall be submitted to the Zonmg Administrator not less tlza thirty(30)days before the atpiration of said approval. (401.03.C.4.a and b) Page 30 of 58 RESOLUTION NO.20-08-36 MY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,IVmpmoTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY MINNEHAH,A 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 requok 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 wings 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 sq.?Porting 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; Page 31 of 58 7. Said report recommended approval of the Conditional Use Peainit 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 IT RESOLVED BY THE CITY COUNCIL FOR TII-:CITY O 'OAK TARK HIZE GHYS THAT THE CITY COUNaL 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 proputy as follows; SEE ATTACHMTENT A The City Council of the City of Oak Parts Heights approves the Conditional Use Permit to allow for the outdoor°storage os scao02 bines 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 Tanb to the MPGA. 4. The Applicaut shall submit,obtain,and comply with a Spill prevention and Control Countermeasure Plan to the EPA. 5. The Applicant shad!submit,obtain,and comply with a Hazardous Waste CeneraOrs 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 paint booth. A Building Pormit 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 as 5280 and 5288 Stagecoach Trail before commencement of operations and utilized in winter months. 8. An OPerStions plan shall be developed and enfined, subject to the review and approval of City Staff,requiring all bins shall be hacked into their respective parking spaces at the end of the day's operation. 2 Page 32 of 58 9. A rapid enty lock box shall be installed at the entrance gate to provide police,fire and emergency servics access. Io' 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 righting. 13. The Applicant shall maintain appropriate trees and shrubs or other screening methods on the periphery of the site to shield the site from adjaeimt properties in compliance with the Zoning Ordinance,subjectto review and approval of the City Arborist. 14. Signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance sUndards. 15. All noise generated from the business shat be compliant with Section 401.15.B.11 of the Zoning Ordinance. No vehicle repair shall be conducted outside. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 16. Mechanical equipment that is located on the roof or visible from street level or from neighboring properties shall be mreened with materials that blend harmoniously with the building fh9ade materials and in acwrdance 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. IS. Hours of operation shall be limited to 5:30 AM to 7:00 PM Monday through Friday and ftm 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 OPemtioza gelated 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 Stag ach Trail NOT&shall be dared ravoked 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 Page 33 of 58 Mary (3nT Mayor �.MSa Eri .1` n,City Administrator 4 Page 34 of 58 0 ATTACHMENT A I*. Conditional Use Permit Te Allow Outside S&haW Bus Storage Maintenance Minuebaha Properties ILIX Washington Commty 1?=P@kV MMMx2om-Number&Legal a°d.; a: Sao&MORA Ud tie WC Property ID: 03.029.20.31.0004 !Lw,1.br a All that part of the WF-% of the SW U of Sermon 3,Tewnshh, 29,Range 20,oontained within the following bounds,to-wit: BgOnning at a point 30 feet West of a awke whr !e 80 rods Sion&of to=Uv of ssad Section 3,and running thence west 24 rods and 3 feet;thence South 21 rods and 9.9 feet to the phm of bgOw ing,excepting therefrom the Soma 150 fed thavof 52 S WC Property ID: MX29.20-31.0003 Legal Description: The North 963.6 feet of the East 429 fed of the NE %of the SW 14 of Sections 3,Township 29 Norte,Ramie 20 Weat,cxogyft the following two tracts: 1.The North 232 fed of the East 165 fed thomfi,and 2.The South 262 fed of the North 494 fed of the East 233 feet thereof. ATTACHMENT B Conditional Use Permit '°o Allow Outside School Bus Storage a Maintenance Mhmehaha Properties LLC 52MSM Stageeonch Tn&N. Application Materials * Application Form o Few ® plass Sets • Writteti Narrative and Graphic Materials Explaining Proposal o Proof of Ownership or Authorization to Proceed Planning Commission Review&Recommendaticin August 13,2020 Lapse of Approval Unless the City Council specifically approves a dif ang time when action is officially taken on the request,the conditional use permit shall become mtll and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building,str utme,addition or alteration,or use requested as part of the conditional use. An application to extend the approval of a conditional use pennit shall be submitted to the Zoning Administrator not less than thirty(30)days before the gtpitstion of said approval. (401.03.C.4.a and b) I � S � 5 9 o, m„ g tl J 1 W' B A Y� � y � lL Y " tl yl S 1: y a III " • r ry ' - `nP � �,r'e 1• 5, K r u ' , R jk : x F , , � 4 IM 7T��• i C as I S. 04 II � � IIIIIIII - .._ w � «I IIII ���� ��Illl IIII 111111 IIII �I � .. << h�l�lliili I I Illlliuuul ��, will �3�u�t��rrrPill �y w F II Page 39 of 58 tai s� { a r� re 40 s w" -'• 14 b pie ve of 58 �� � �� \\��' y � � ■ � ; } G� � . I § \ . . .� , ( \ . Page« of 7 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY MINNEHAHA TRANSPORTATION FOR A CONDITIONAL USE PERMIT TO ALLOW A TRUCK REPAIR OPERATION WITH OUTDOOR STORAGE OF TRUCKS AT 5280/5288 STAGECOACH TRAIL SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of trucks at 5280/5288 Stagecoach Trail; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to Wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned I, Industrial District. General vehicle repair is a permitted use,but the outdoor storage of trucks requires the review of a Conditional Use Permit; and 4. The Applicant proposes a facility to park and service trucks and trailers for independent truckers in the Twin Cities metro area. The facility would park no more than 85 trucks at a time; and 5. The primary working operation will be a mechanics shop for engine and mechanical repair. The Applicant has also indicated that a body shop may be added, and the existing fuel tank dispenser will be used; and Page 42 of 58 6. Design Guideline/Site Plan approval is not required in that no exterior building or site changes are proposed; and 7. City staff prepared a planning report dated March 3, 2022, reviewing the request; and 8. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their March 10, 2022, meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of trucks at 5280/5288 Stagecoach Trail and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights, subject to the conditions as follows: 1. The number of truck vehicles including truck only, tractor only, trailer only, or combination truck-trailer allowed onsite and stored outdoors shall not exceed 85. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 4. The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the repair operation. 5. The Applicant shall comply with all Building Code requirements for the fuel tank and installation of a paint booth. A Building Permit shall be required from the City for the fuel tank and paint booth installation. 2 Page 43 of 58 6. The Applicant shall provide a plata for »oise and exhaust mitigation for review by the City. All air quality standards of the Minnesota Pollution Control Agency shall be complied with. 7. A rapid entry lock box shall be maintained at the entrance gate to provide police, fire and emergency services access. 8. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 9. All lighting fixtures shall be full cut off and replaced/installed in compliance with the lighting standards of the Zoning Ordinance. 10. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 11. 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. A tree plan shall be subject to approval of the City Arborist. 12. Signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 13. All noise generated from the business shall be compliant with Section 401.15.13.11 of the Zoning Ordinance. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 14. 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. 15. There shall be no outside storage, including tires and vehicle parts unless enclosed with a screen. No storage shall be allowed in trailers that are parked on the property. 16. Hours of operation shall be limited to 7:00 AM to 9:00 PM Monday through Friday, and 8:00 AM to 5:00 PM Saturday and Sunday except for emergency truck repair drop offs. The operations shall cease, and the entrance gate shall be locked no later than 15 minutes after the approved closing times or emergency truck repair drop off. 17. All employees shall be assigned a designated parking stall. No employee or vehicle client parking shall be allowed on Stagecoach Trail. 3 Page 44 of 58 18. There shall be no overnight stays by clients. 19. If truck backing alert systems create a noise issue for surrounding properties, the City Council shall review the Conditional Use Permit and conditions of approval. 20. Annual review is imposed as a condition of this Conditional Use Permit. This permit shall be reviewed on or about October 1 of each year and may be amended or altered at the discretion of the City Council through an amended Conditional Use Permit. 21. Emergency vehicle access and business operations related to fuel dispensing shall be subject to review of the Police Chief and Fire Marshal. 22. 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 an in consideration of the grant of this new Conditional Use Permit. Recommended by the Planning Commission of the City of Oak Park Heights this 10"day of March 2022. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 4 Page 45 of 58 ATTACHMENT A Conditional Use Permit To Allow A Truck Repair Operation With Outside Storage of Trucks Minnehaha Transportation, Inc. Washington County Property Identification Number & Legal Description: 5280 Stagecoach Trail N. WC Property 1D: 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. Page 46 of 58 ATTACHMENT B ti•. Conditional Use Permit To Allow A Truck Repair Operation With Outside Storage of Trucks Minnehaha Transportation, Inc. 5280/5288 Stagecoach Trail N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review & Recommendation: March 10, 2022 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 47 of 58 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY MINNEHAHA TRANSPORTATION FOR A CONDITIONAL USE PERMIT TO ALLOW A TRUCK REPAIR OPERATION WITH OUTDOOR STORAGE OF TRUCKS AT 5280/5288 STAGECOACH TRAIL BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of trucks at 5280/5288 Stagecoach Trail; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended 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 property is zoned I, Industrial District. General vehicle repair is a permitted use, but the outdoor storage of trucks requires the review of a Conditional Use Permit; and 4. The Applicant proposes a facility to park and service trucks and trailers for independent truckers in the Twin Cities metro area. The facility would park no more than 85 trucks at a time; and Page 48 of 58 5. The primary working operation will be a mechanics shop for engine and mechanical repair. The Applicant has also indicated that a body shop may be added, and the existing fuel tank dispenser will be used; and 6. Design Guideline/Site Plan approval is not required in that no exterior building or site changes are proposed; and 7. City staff prepared a planning report dated March 3, 2022, reviewing the request; and 8. Said report recommended approval of the Conditional. Use Permit subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their March 10, 2022, meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Minnehaha Transportation for a Conditional Use Permit to allow a truck repair operation with outdoor storage of trucks at 5280/5288 Stagecoach Trail and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights, subject to the conditions as follows: I. The number of truck vehicles including truck only, tractor only, trailer only, or combination truck-trailer allowed onsite and stored outdoors shall not exceed 85. 2. All employees dispensing fuel shall receive training for proper fueling techniques including emergency spill response procedures. 3. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan to the EPA and to the City if required. 4. The Applicant shall receive and retain a Hazardous Waste Generators License from Washington County for the repair operation. 5. The Applicant shall comply with all Building Code requirements for the fuel tank and installation of a paint booth. A Building Pennit shall be required from the City for the fuel tank and paint booth installation. 2 Page 49 of 58 6. The Applicant shall provide a plan for noise and exhaust mitigation for review by the City. All air quality standards of the Minnesota Pollution Control Agency shall be complied with. 7. A rapid entry lock box shall be maintained at the entrance gate to provide police, fire and emergency services access. 8. Any changes to the grading, drainage and utilities shall be subject to the review and approval of the City Engineer. 9. All lighting fixtures shall be full cut off and replaced/installed in compliance with the lighting standards of the Zoning Ordinance. 10. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 11. 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. A tree plan shall be subject to approval of the City Arbonst. 12. Signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 13. All noise generated from the business shall be compliant with Section 401.15.B.11 of the Zoning Ordinance. The service doors to the building shall be closed at all times except when vehicles are moved in and out of the service bays. 14. 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. 15. There shall be no outside storage, including tires and vehicle parts unless enclosed with a screen. No storage shall be allowed in trailers that are parked on the property. 16. Hours of operation shall be limited to 7:00 AM to 9:00 PM Monday through Friday, and 8:00 AM to 5:00 PM Saturday and Sunday except for emergency truck repair drop offs. The operations shall cease, and the entrance gate shall be locked no later than 15 minutes after the approved closing times or emergency truck repair drop off. 3 Page 50 of 58 17. All employees shall be assigned a designated parking stall. No employee or vehicle client parking shall be allowed on Stagecoach Trail. 18. There shall be no overnight stays by clients. 19. if truck backing alert systems create a noise issue for surrounding properties, the City Council shall review the Conditional Use Permit and conditions of approval. 20. Annual review is imposed as a condition of this Conditional Use Permit. This permit shall be reviewed on or about October 1 of each year and may be amended or altered at the discretion of the City Council through an amended Conditional Use Permit. 21. Emergency vehicle access and business operations related to fuel dispensing shall be subject to review of the Police Chief and Fire Marshal. 22. 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 an in consideration of the grant of this new Conditional Use Permit. Approved by the City Council of the City of Oak Park Heights this 22nd day of March 2022. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 4 Page 51 of 58 ATTACHMENT A Conditional Use Permit To Allow A Truck Repair Operation With Outside Storage of Trucks Minnehaha Transportation, Inc. Washington County Property Identification Number & Legal Description: 5280 Stagecoach Trail N. WC Property ID: 03.029.20.31.0004 Legal Description: All that part of the NE '/ of the SW '/ of Section 3, Township 29, Range 20, contained within the following bounds, to-wit: Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said Section 3, and running thence West 24 rods and 3 feet; thence South 21 rods and 9.9 feet to the place of beginning, excepting therefrom the South 150 feet thereof: 5288 Stagecoach Trail N. WC Property ID: 03.029.20.31.0003 Legal Description: The North 963.6 feet of the East 429 feet of the NE '/ of the SW '/ of Section 3, Township 29 North, Range 20 West, excepting the following two tracts: 1. The North 232 feet of the East 165 feet thereof, and 2. The South 262 feet of the North 494 feet of the East 233 feet thereof. Page 52 of 58 ATTACHMENT B Conditional Use Permit To Allow A Truck Repair Operation With Outside Storage of Trucks Minnehaha Transportation, Inc. 5280/5288 Stagecoach Trail N. Application Materials • Application Fonn • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review & Recommendation: March 10, 2022 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 53 of 58 THIS PAGE INTENTIONALLY LEFT BLANK Page 54 of 58 Oak Park Heights Request for Council Action Meeting Date March 22"d, 2022 Time Required: 3 Minutes Agenda Item Title: _Changes in ARPA Allocations—Treasury Guidance Agenda Placement New Business Originating Department/Requestor Betty Caruso, Finance Director 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 January 6,2022 the Treasury issued the Final Rule for ARPA State and Local Fiscal Recovery Funds which clarified and significantly expanded the use of funds. This rule will take effect on April 1,2022. The City on June 22,2021 adopted Resolution 21-06-21,A Resolution to accept the Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan. This resolution contained a proposed budget for the expenditure of the expected funds of$525,315 based on the Interim Final Rule restrictions, which was a use under the Investment in Necessary Water, Sewer and Broadband Category. The changes made in the ARPA Final Rules allows the City to utilize ARPA funds based on the Loss of Public Sector Revenue Category,which provides funding for"general government services". Based on the changes and due to the needs that the City faces regarding street reconstruction and maintenance,the budget amount referred to in paragraph 3.e in Resolution 21-06-21 should be amended to remove the amount estimated for the City Water Utility Improvement and budgeted as the estimated $499,738 of undesignated ARPA funds to be utilized to provide government services. This amendment must be made prior to April 1,2022 in order to be in compliance with the Final Rules as issued. The enclosed Resolution includes the needed language. Page 55 of 58 RESOLUTION A RESOLUTION AMENDING CITY DIRECTIVES RELATED TO THE USE OF FUNDS RECEIVED FROM THE AMERICAN RESCUE PLAN ACT WHEREAS,the City Council did adopt City Resolution 21-06-24 on June 22,2021 and which outlined specific priorities and use of received funds from the American Rescue Plan Act; (ABPA); and, WHEREAS, Resolution 21-06-24 included language that City Staff are requested to make recommendations to the City Council for other future expenditures or reasonable amendments should other eligible projects become apparent and necessary and that may be reimbursed with ARPA funds; and, WHEREAS, since June 2021,the Federal Government has made further clarifications on the approved use(s)of ARPA funds increasing the general scope for which funds may be utilized; and, WHEREAS, a reallocation of funds from the initially identified water meter replacement project to alternative projects is expected to be more advantageous to the City's financial needs. NOW, THEREFORE,BE IT RESOLVED,that the City Council does amend priorities and expenditures as outlined in City Council Resolution 21-06-24 to revise the targeted uses outlined in 3.e, and is now directed to use the remaining ARPA funds unspent in the other established categories to be used for general government services including street construction as permitted under the Loss of Public Sector Revenue Category of use of ARPA funds,calculated with the "flat standard allowance". Adopted by the City Council of the City of Oak Park Heights Minnesota this 22nd day of March 2022 Mayor Mary McComber Attested: City Administrator Page 56 of 58 RESOLUTION 21 _L—2-4 A RESOLUTION TO ACCEPT THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT W111.:REAS.since the first case of corionavirus disease 2419(COVID-19)was discovered in the United r.' i t'r:r u.r^. 1-020,the disease has infected over 32 million and killed over 575,000 �nlc`I'I "IrlS rilartdemi, I I1:d seatQ Ins inl pact£d evert,part oflife:as social distancing becarn:st busines",k Jo,, .>,2Ih .-1.It:o;'..tli•a,,i I:: •tut]te education,travel waS Sharply reduced,alk)willion, ;,1 Americans lost then•inh WHEREAS,as a nvcl:i oi the I'9:ILIC111'JL citir� .c C ho ll k;:!l1C.,nn I.):'c<pnnc.to ih�1:.;d>o:tktci_ communities through the prevemion,ucatntrnl,and,acciltation atC'OVID-19. WHEREAS,city revenues,businesses and nonprofits in the city have faced economic impacts due to the Pandemic- WHEREAS,Congress adopted the American Rescue Plait Act in March 2021 (`ARPA")which included $65 billion in recovery[cads for cities across the country. WHEREAS,AREA fends are Intended to provide support to state,local,and tribal governments in responding to the impact of COV ID-19 and to their efforts to contain CO VID-19 in their communities,residents,and businesses. WARREAS,an estimated 5525,315 has been allocated to the City ofOak Park Heights("City")pursuant to the ARRA("Allocation"). WHEREAS,the United States Department of Treasury has adopted guidance regarding the use of AMA funds. WHEREAS,the City,in response to the Pandemic,has had e]tpcnd;mres and anticipates future expenditures consistent with the Departtnenl ,,I i rr<t�'.II,, -It1'.k,.:idv,Ce. WHEREAS,the State of Minnesota will disni6L[,,ARPA incf'. s to the City because its population is less than 50,000• NOW THEREFORE,BE IT RESOLVED R3'THE Cl J c ([O tiC11.OF TlI`E CITY OF OAK PARK HEIGHTS MINNESOTA THAT IT SiIALL L_NDERIAKE FOI.t3'F'i'LNG I, The City intends to c:':'t'!,A i'ti<iuI L ti:1';%RI'A I'u::&Crom the Sl!,,`:)1 %Iinnesota to use in a manner Consistent wi Ili tho Depal'1tt]W.nt of Trea5i ffn's guidance;.11A. 2, City Staff arc hercbv authoriTed tri rake=rt-,rwtmahlc ictions necesmiry to recciVC ili,0!i '. ,h;ire ofARPA funds Iron[lie SWIC uC_�9i„taesuta Lilt-c:xp4nu:,;nc:uncd DL:UUsc UJ t.W PaJI&MIC and, 3. The City Council does outline the following targeted uses for such ARPA funds: a, I;p!o ti 15,000 for rr+.roacme ptv flu ccs cntual x,iiktr tivho hale not already YeCeii d A(;ilior:11 ecml Cm::Ion Iiitlm,r�cr�iCc dkiring Ihc11.:ndctn;c. :Its t pC:vn[we w:dcr -I kF:ot:R) 0[:1-DANt-L.':k I'r.rr,iutn Pay Retroactive ;-•.3)''01 ]10['i5C_'i;a o.i11" Cry Mti W I14::for111C1' '.k'S}:'.{d.X.Eg the initial o 11':L]]"p:r.u9c:11ic..,t he!hrt:n,J risk d3:k 1()I t-p rsLln rtcraction and handling of rcnl :hat were h.11wled by others- Page 57 of 58 b. 510,400 for allocation(V-600 each)to the G it:oL:r 4ifflwateTC'h I r -)U--k,I (o-rIlercc and the Oak Park Ile ights-Stillwater CoI1venI I J I I!:J:jkj ViSjtOrS 13'.'-I�•:K I V.11'L:.1 I I utilize such fun&it i liciwfit al I I oQa I husincsscl.I I1 I I I,:L0111i I I U:I i-' L I L:0%tr.� a F. ensure their 0PCJM:(1I1i TC11ka I tICOnSiSteEt'XII ID-19 PrOW"Ilk- MiS iSJ)eFMittCd UILdet LIS TRF A Sj.TRY c'u:11Public i I c it](11 and Economic Impacts A,,L,':.,,[LL71ick :Lj I)!'klj:106011 Of '1WtL-Lcs3 due to hardships and conscq LX11('C,n1"['[1`,'117'') 1;!I('_.-'Inur c, 51 2,000 for allocation($4,001�i%:,JO W IhO YOLF11 Service Btlre011 And CGMm Li ni tY Thread and Valley Outrom:l v h :Z:-.Id I utilize 111ndS,to benefit the community as a whole'.irid C11SUIV their I�iris vi w ii)comisrent with COVID-19 protocols, This is Ilk""I-i ied under US,TR 1: ~<['RY GUIDANCE as: Public I lefilth and F,,:c it i c 11:i i L: h:i 11 aCts �.N S 7�';L7'ti L :r i N k i t i rofit,,,with declines i n revei)aes and aS S j 5(,I]IC e V,i t It(>]]g[!:Zi� i1 J)C".I I I I S'C L!! d S 10.00") rk'r C-1 t V Col''p U T,Cj- v,eb :(,,I c,v. -:v%ice calm ncements US'I I Z I S L I-I I)A X('I as: Investment in 'I I 1)-:1 1'.W 1 U I C B roa d i d P i idingact., 0 L11 progra Ir rein otely with user Qiipubilities. (OR REM ATNDER)to'),2 a I I k 11 lrats i I I C Ln I mc r it tii is pem; ikL:,1 I-&r S I vi ;1- 111% loon[in all:(1511-.ICLLIrC- \4k;k T: 1'. ZO :;01-%Lk:0i a D d promote ct'fii;30:n;� 4. City staff are requested to make recommendations to the City Council for ohcT fuLLLTV expenditures or reasonable amendments should other eligible projects become apparcril and necessary and that may be reimbursed with ARPA funds. Adopted by the City Council of the City of Oak Park Heights Minnesota this 22"'day of June,2021. Mor my McCornber ar tteste ity A inistrator Page 58 of 58