HomeMy WebLinkAbout09-27-2022 Council Packet
CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
TUESDAY, SEPTEMBER 27,2022
7:00PMAT CITY HALL
7:00p.m.I.Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
7:00p.m.II.Council/StaffReports
A.Mayor McComber
B.Councilmember Dougherty
C.CouncilmemberJohnson
D.Councilmember Liljegren
E.Councilmember Runk
F.Staff
Chief of Police
Assistant City Administrator/City Clerk(pg. 3)
7:05p.m.III.Visitors/Public Comment
Thisis an opportunity for the public to address the Council with questions orconcerns on issues notpart of the regularagenda (Please
limitcomments to 3 minutes in length).
7:10p.m.IV.Consent Agenda(Roll Call Vote)
A.ApproveBills& Investments
B.Approve City CouncilMinutesSeptember 13,2022 (pg.5)
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C.Approve 5Payment Request for Eureka Construction, Inc. for Norell Avenue
Improvements(pg.9)
7:15p.m.V.PublicHearings
A.Public Hearing for Increase in On-Sale Liquor, On-Sale 3.2, Off-Sale 3.2, and
Wine License Fees for 2023(pg.21)
B.Public Hearing on Request by St. Croix Yacht Club Regarding Noise Ordinance
for a Concert to be Held on October 1, 2022(pg.23)
7:15p.m.VI.OldBusiness
A.City Ordinance 1412 Relating to Sale, Possession, and Use of Cannabinoid
Products and Related Devices(pg.27)
7:25p.m.VII.NewBusiness
A.Adopt Resolution Approving 2023 Proposed Budget and Proposed Tax Levies
(pg.43)
B.Schedule Public Comment/Hearing for Truth in Taxation(pg.53)
C.Sodies Cigar Site Plan Review Expansion 5946 Osgood Ave N (within
Stillwater Crossings Retail Center)(pg.55)
D.R. Nelson Conditional Use Permit Driveway Curb Cut Greater than 24 feet
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1524264Street North(pg. 73)
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E.Request for Stop Sign/Lowering Speed 57Street at Omaha Avenue(pg. 97)
F.Approval to Hire Two Full Time Police Officers(pg. 101)
7:40p.m.VIII.Other CouncilItemsor Announcements
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Agenda
September 27,2022
Page2
:0 p.m. IX.Adjournment
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Oak Park Heights
Request for Council Action
September 27, 2022
Meeting Date__________________________________________________________________
City Ordinance 1412 Relating toSale, Possession, and Use of Cannabinoid
Agenda Item___________________________________________________________________
Products and Related Devices
______________________________________________________________________________
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__
Time Req. __
Old Business
Agenda Placement _____________________________________________________________
Administration/Jennifer Pinski
Originating Department/Requestor_________________________________________________
___________________________________________________________
ReceiveInformation
Action Requested _______________________________________________________________
Background/Justification (Please indicateany previous action has been taken or if otherpublic
bodies have been advised).
With the passage ofchanges to Minnesota Statute 151.772 regarding the sale of certain
cannabinoid (CBD) products which took effectonJuly 1, 2022, many cities have adopted
Ordinancesassociatedwith regulation on sale, use, and possession of such products.
Atthe July 26, 2022 City Council meeting,itwas requested that staff prepare an Ordinance with
licensure requirements and provide a recommendation on fees.
Staff reviewed Ordinancesasadopted in surrounding communities and researched material
distributed by the League of Minnesota Cities. Ultimately staff hasprepared draft Ordinance
1412 for yourreview andconsideration.
Feeswere also reviewedcomparing othercities, and afterconsultation withPolice ChiefHansen
on enforcement costs and discussion with City AttorneySandstrom, staff is recommendingan
annual license fee of $2,500.
ACTIONREQUESTED:Adopt Ordinance 14 and approve the
annual license feeof $2,500.
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ORDINANCE NO. 2022-1412-02
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF
CANNABINOID PRODUCTS AND CANNABINOID-RELATED DEVICES IN THE CITY
AND TO REDUCE THE ILLEGAL SALE, POSSESSION, AND USE OF SUCH ITEMS TO
PERSONS UNDER THE AGE OF 21
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
WHEREAS,onSeptember 27, 2022, the City Council adopted Chapter1412of the City Code
of Ordinances:An OrdinanceRelating to the Sale, Possession, and Use of Cannabinoid Products
and Cannabinoid-Related Devices in the City and to Reduce the Illegal Sale, Possession, and Use
of Such Items to Persons Under the Age of 21.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park
Heights, due to the lengthy nature of this Ordinance, has directed that thistitle and summary be
preparedfor publicationpursuant to MNStat.412.191, Subd. 4.
The Council finds that the following text clearly informs the public of the intent and effect of
Chapter 1412 of the City Code of Ordinances, and hereby approves the following summary text
for publication:
SUMMARY PUBLICATION OF CHAPTER 1412OF CITY CODE
AN ORDINANCE OF THE CITY COUNCIL OF OAK PARK HEIGHTS, MINNESOTA, AN
ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF CANNABINOID
PRODUCTS AND CANNABINOID-RELATED DEVICES IN THE CITY AND TO REDUCE
THE ILLEGAL SALE, POSSESSION, AND USE OF SUCH ITEMS TO PERSONS UNDER
THE AGE OF 21, wasapproved by the Oak Park Heights City Council on September 27,2022.
NOTICE: the full text of this Ordinance is available for public inspection at Oak Park Heights
City Hall located at 14168 Oak Park Boulevard North, Oak Park Heights,MN, during regular
office hours.
WHEREAS, theOrdinance shall be effective immediately upon its passage and publication.
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PASSED this 27day of September, 2022by the City Council of the City of Oak Park Heights,
Minnesota.
CITY OF OAK PARK HEIGHTS
_______________________
Mary McComber, Mayor
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ATTEST:
____________________________
Eric Johnson, City Administrator
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Oak Park Heights
Request for Council Action
Meeting Date September 27th, 2022
Time Required: 5 Minutes _____________________
Agenda Item Title: Sodie’s Cigar – Site Plan Review 7 Expansion 5946 Osgood Ave. N. -
(within Stillwater Crossings retail center)
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
Planning Report – dated:_9/1/22
Planning Commission – Summary Memoand Findings dated:
Proposed City Council Resolution.
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PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: September 20, 2022
RE: Oak Park Heights – Stillwater Crossing’s, Sodie’s Cigar – Site
Plan/Design GuidelinesReview – 5946Osgood Avenue North
TPC FILE: 236.02 – 22.09
BACKGROUND
Cletis Bainey of The Bainey Group, Inc. and Midwest Retail Ventures LLC havemade
application for Design Guidelines/Site Plan Reviewfor the building at5946Osgood
Avenue North. The application consists of requests for Site Plan/Design Guideline
review for an addition to the Stillwater Crossings Shopping Center. The addition will be
470 square feet at the south side of the building for an expansion of Sodie’s Cigars.
The building addition will match the existing building elevations.
The property is zoned B-2 General Business District. The retail use ispermitted use in
the B-2 General Business District.
The Planning Commission, at their September 8, 2022, meeting held a public hearing,
took the Applicant’s and public comments, and after consideration of the application
unanimously recommended approval with conditions. The recommended conditions are
found below and in the City Council resolution.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits – September 1, 2022
CONCLUSION / RECOMMENDATION
Upon review of the request for Design Guidelines/Site Plan Reviewfor the building at
5946 Osgood Avenue North, the Planning Commission recommended approval with the
following conditions:
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1. All light fixtures shall be full cut off andbe consistent with Section 401.15.B.7
of the Zoning Ordinance as it relates to lighting requirements.
2. The Planning Commission was favorable to the building design and building
materials.
3. All mechanical equipment on the roof or on the site shall be fully screened in
accordance with the provisions of the Zoning Ordinance.
4. All signs shall be designed to comply with the Zoning Ordinance requirements for
size and internal illumination.
5. The Applicant shall install a pedestrian safety devise at the south edge of the
front sidewalk.
pc: Julie Hultman
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RESOLUTION NO._____
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST FROM THE BAINEY GROUP, INC, AND MIDWEST
RETAIL VENTURES, LLC, OWNERS OF THE STILLWATER
CROSSING SHOPPING CENTER, FOR SITE PLAN/DESIGN
GUIDELINES REVIEW TO ALLOW CONSTRUCTION OF AN
ADDITION TO THE SOUTH SIDE OF THE BUILDING, LOCATED
AT 5946 OSGOOD AVENUE, BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request fromTheBainey
Group, Inc, and Midwest Retail Ventures, LLC, owners of the Stillwater Crossing
Shopping Center, for Site Plan/Design Guidelines review to allow construction of a 470
square foot addition at the south side of the building located at 5946 Osgood Avenue.
The City Council of the City of Oak Park Heights makes the following findings of fact
and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-2 General Business District in which the
shopping center is a permitted use; and
4. The Applicants have requested a 470 square foot addition to the south
side of the Stillwater Crossings Shopping Center to accommodate the expansion of
Sodie’s Cigars; and
5. The request requires Site Plan and Design Guidelines review; and
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6. City staff prepared a planning report dated September 1, 2022, reviewing
the request; and
7. The Planning Commission held a public hearing at their September 8,
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 The Bainey Group, Inc, and Midwest Retail
Ventures, LLC owners of the Stillwater Crossing Shopping Center, for Site Plan/Design
Guidelines review to allow construction of a 470 square foot addition at the south side of
the building located at 5946 Osgood Avenue shall be approved 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. All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of
the Zoning Ordinance as it relates to lighting requirements.
2. The Planning Commission was favorable to, and the City Council approves the
building design and building materials.
3. All mechanical equipment on the roof or on the site shall be fully screened in
accordance with the provisions of the Zoning Ordinance.
4. All signs shall be designed to complywith the Zoning Ordinance requirements for
size and internal illumination.
5. The Applicant shall install a pedestrian safety devise at the south edgeof the front
sidewalk.
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Approved by the City Council of the City of Oak Park Heights this 27 day of September
2022.
________________________________________
Mary McComber, Mayor
ATTEST:
_______________________________________
Eric A. Johnson, City Administrator
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Oak Park Heights
Request for Council Action
Meeting Date September 27th, 2022
Time Required: 5 Minutes _____________________
Agenda Item Title: R. Nelson – Conditional Use Permit – Driveway Curb Cut – greater than
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24 Feet - 15242 64Street
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
Planning Report – dated: 9/1/22
Planning Commission – Summary Memoand Findings dated:
Proposed City Council Resolution.
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MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 20, 2022
RE: Oak Park Heights - Conditional Use Permit for Driveway Curb Cut -
15242 64th Street North
TPC FILE: 236.05 – 22.01
BACKGROUND
Rick Nelson (Applicant) has made an application for a Conditional Use Permit to allow a
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curb cut of more than 24 feet at 15242 64 Street North. The Applicant was granted a
Conditional Use Permit in July of 2020 for an attached garage and house addition. The
driveway is now ready to be completed and the Applicant has requested a 60 foot curb
cut.
The property is zoned R-2 Low and Medium Density Residential District. Single-family
and two-family dwellings and their accessory structures are permitted uses in that
District.
The Planning Commission, at their September 8, 2022, meeting held a public hearing,
took the Applicant’s and public comments, and after consideration of the application
unanimously recommended approval with the condition that the curb cut be no more
than 30 feet in width and that a 15 foot boulevard be maintained. The recommended
conditions are found below and in the City Council resolution.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits – September 1, 2022
CONCLUSION/RECOMENDATION
Upon review of the request for the for a Conditional Use Permit to allow a curb cut of
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more than 24 feet at 15242 64Street North, the Planning Commission recommended
that the request for a 60 foot curb cut be denied, but a 30 foot curb cut be allowed at the
front of the garage with the followingconditions:
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1.The City Engineer will reviewand approvethedrainage for the siteand
placement of the driveway.
2. The final curb cut, and driveway design shall be subject to approval of City
Staff. The curb cut shall be limited to no more than 30 feet in width.
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3. An area of boulevard, at least 15 feet wide from the curb of 64 Street
shall be plantedwith grass or landscaping (not including gravel, pavers or
other drive-able hard surface) and maintained from the west propertyline
to the curb cut.
Pc: Julie Hultman
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RESOLUTION NO._______
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 CONDITIONAL USE
PERMIT TO ALLOW A CURB CUT OF MORE THAN 24 FEET
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AND LIMITED TO 30 FEET IN WIDTH AT 15242 64 STREET
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Rick Nelson
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(Applicant) for a curb cut of more than 24 feet at 15242 64 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.F.4.h.8 of the Zoning Ordinance states the following:
Curb Cut Size. No curb cut access shall exceed twenty four feet (24) in width, or thirty
two feet (32) when accessing a State highway, except by conditional use permit; and
5. The driveway is now ready to be completed and the Applicant has
requested a 60 foot curb cut; and
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6. A surmountable curb is in place along the length of the property. The site
plan provided by the Applicant indicates that the proposed driveway will extend along
the entire length of the garage to within five feet of the property line; and
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7. The air photo of the site shows that the right of way of 64Street is 60
feet wide. The property line is 6.2 feet from the front of the house and 22.7 feet from the
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front of the garage. The area of the boulevard from the property line to the curb of 64
Street is approximately 17 feet. A significant portion of the proposed driveway will be
on City right of way; and
8. City staff prepared a planning report dated September 1, 2022, reviewing
the request; and
9. Said report recommended approval of the Conditional Use Permit with the
condition that a maximum of a 30 foot curb cut be allowed at the front of the garage. Said
recommendation was subject to the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their September 8,
2022, meeting, took comments from the applicants and public, closed the public hearing,
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and recommended the application with conditions including limiting the curb cut on 64
Street to 30 feet.
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 Rick Nelson for a curb cut of more than 24 feet at
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15242 64Street North.
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 and approve the drainage for the site and
placement of the driveway.
2. The final curb cut, and driveway design shall be subject to approval of
City Staff. The curb cut shall be limited to no more than 30 feet in width.
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3. An area of boulevard, at least 15 feet wide from the curb of 64 Street
shall be planted with grass or landscaping (not including gravel, pavers or
other drive-able hard surface) and maintainedfrom the west property line
to the curb cut of the driveway.
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Approved by the City Council of the City of Oak Park Heights this 27
day of
September 2022.
____________________________________
Mary McComber, Mayor
ATTEST:
__________________________________
Eric A. Johnson, City Administrator
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Oak Park Heights
Request for Council Action
Meeting Date September 27, 2022
Time Required: 3 Minutes
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Agenda Item Title: Request for STOP SIGN / Lowering Speed – 57Street @ Omaha Ave.
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):
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The City has received three inquires (emails attached) from residents on 57 Street inquiring about the
possibility of the installation of a STOP SIGN at Omaha Ave. Further, they also inquire about the possibility
of reducing the speed limits from the current speed of 30mph.
These are challenging issues to find a balance between providing an efficient road network, which needs to
include City “connector roads”; and, to enable a quality of life and neighborhood safety in those same areas.
Recommended Action:
At this stage, Staff would recommend that the City Council pass the matter to the City Engineer and Chief
of Police to review the requests, related issues, statutory provisions and bring back a general set of
recommendations in October for Council discussion and possible action.
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Oak Park Heights
Request for Council Action
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Meeting Date September 27 2022
Time Required: 5 min
Agenda Item Title: Approval to hire 2 full time Police Officers
Agenda Placement New business
Originating Department/Requestor Chief of Police Steve Hansen
Requester’s Signature
Action Requested Approval to hire 2 full time Police Officers
Background/Justification (Please indicate if any previous action has been taken or
if other public bodies have advised):
The Police Department recently conducted interviews for candidates interested in
the Police Officer Position this week. We received a total of 4 applicants and the
interviews were conducted on September 22, 2022 and with final Chief’s interview
on September 23, 2022. Thankfully, all four applicants were strong candidates and
did very well.
We currently have a vacancy with Sgt. Jon Givand leaving earlier this month for
another agency and we know of an anticipated retirement coming in the beginning
of 2024. Additionally, we have another officer that will be out on medical leave
starting in the middle of November for at least 3 months. That will leave our
department short of 2 officers.
I am requesting the approval to move forward with hiring two officers with an
anticipated start around November 16, 2022. This would be bringing our police
force from 10 officers to 11 officers. The current candidate pool of applicants is quite
low throughout the state and from a perspective our 2021 hiring process we had 18
candidates and this current 2022 process we had only 4. It is my recommendation
to move forward with two conditional job offers pending passing a complete
background, psychological, and physical exam. It must also be noted some of these
candidates our also currently involved in other hiring processes for other agencies
in the metro area too. I suspect the candidate pool will continue to deteriorate over
the next couple of years.
Ultimately, the City will need to discuss this increase in officers with a likely
pending retirement in late 2023 – generally is that position replaced keeping the 11
officers or is it a shift back to 10 officers.
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