HomeMy WebLinkAbout02-14-2023 Council Packet
CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
TUESDAY, FEBRUARY 14,2023AT6:00PM
CITY HALL COUNCIL CHAMBERS
6:00p.m.Call to Order/Pledge ofAllegiance/Approval of Agenda
Estimated
times
6:05p.m.Council/Staff Reports
Mayor McComber
Councilmember Dougherty
CouncilmemberJohnson
Councilmember Liljegren
Councilmember Runk
Staff
Chief of Police
Assistant City Administrator/City Clerk(pg. 3)
6:10p.m.Visitors/PublicComment
This is an opportunity for the public to address the Council with questions or concerns on issuesthat are orarenot part of the regular
agenda (Please limit comments to 3 minutes in length).
Consent Agenda(RollCall Vote)
6:10p.m.
Approve Bills & Investments
Approve City Council Worksession Notes January 24, 2023 (pg. 5)
Approve City Council Minutes January 24, 2023 (pg. 9)
ApproveResolution Authorizing Ducks Unlimited St. Croix Valley Chapter to
Conduct a One-Day Raffle onMay 4, 2023 at St. Croix Event Center (pg.13)
ApproveLicensefor Sale/Storage of Consumer Fireworks at Menards #3129 (pg.
15)
Approve Final Pay Request Insituform Tech USA 2022 Sewer Lining Project
(pg.17)
ApproveJPA for Fuel Contract 2023 (pg.27)
PublicHearings
6:15p.m.
Consider Issuance of a Licenseto Sell Cannabinoid at Turning Leaf Oak
ParkHeights LLC (pg.33)
OldBusiness
6:25p.m.
Consider Ordinance Amendments Related to Day CareNurseryFacilities(pg. 37)
New Business
6:30p.m.
Reschedule Worksession Slated for February 14, 2023(pg. 53)
Other Council Itemsor Announcements
6:35p.m.
Closed Session
6:35p.m.
Labor Negotiations (closed pursuant to MN Stat. 13D.03)
Adjournment
6:55p.m.
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Oak Park Heights
Request for Council Action
th
Meeting Date February 14, 2023
Time Required: 1 Minutes
Agenda Item Title: Approve Final Pay Request - Insituform Tech USA- 2022 Sewer Lining
Project
Agenda Placement Consent Agenda
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature:
Action Requested: Approve Final Pay Request - Insituform Tech USA- 2022 Sewer Lining
Project - $5,243.36
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
Please see the attachedMEMO from the CIty Engineer dated 2/9/23.
Page 17 of 54
Stantec Consulting Services Inc.
733 MarquetteAvenue Suite 1000, Minneapolis MN 55402-2309
February 9, 2023
File: 193805490
Attention: Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Boulevard North
Oak Park Heights, Minnesota 55082
Dear Eric,
Reference:2022 Sanitary Sewer Lining Project– Final Pay Request
Transmitted herewith is Request for Payment #2/Final for the above referenced project. The contractor,
Insituform Technologies USA, LLC, has completed this work in accordance with the contract plans and
specifications. Therefore, it is recommended that the final payment of$5,243.36be made and the City of
Oak Park Heights accept the project. The Original Contract Amount was $123,414.80. The final
construction amount is $104,867.20, which is $18,547.60 less than the original contract amount.
The completed Minnesota Withholding Form IC-134 (Contractor’s Withholding affidavit), Consent of Surety,
and Lien Waivers are included. Should you have any questions regarding this project, please feel free to
call me at 612-712-2125. After approval, please return one signed copy of the pay application to the
Contractor with payment and one signed copy to Stantec for our file.
Regards,
Stantec Consulting Services Inc.
Kellie M. Schlegel, PE
Senior Associate
Direct: 612 712-2125
Mobile: 651 775-5622
Kellie.Schlegel@stantec.com
Attachment:Pay Request #2/Final (three copies), IC-134s, Lien Waivers, Consent of Surety
c.Lee Mann, Morgan Sewell- Stantec
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Nbsl!Sffwft
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Oak Park Heights
Request for Council Action
th
Meeting Date February 14, 2023
Time Required: 5 Minutes
Agenda Item Title: Consider Ordinance Amendments Related to Day Care Nursery Facilities
Agenda Placement 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):
UPDATE: In December 2022, the Planning Commission did hold a public hearing on the
updates / changes to related to daycare / nursery facilities as outlinedbelow. There were no
public comments received at themeeting and the Planning Commission did find the
changes to be favorable.
Recommendation:
Based on the feedback received from the Planning Commission, Staff would offer that the
attachededits (shown in “redline”) does address the currently unclear elements inthe Ordinance
and would streamline the review and issuance process,yetaiming to ensureno facility would
change the essential character and nature of any given neighborhood
Attached:
1.Staff memo dated 11/30/22 to Planning Commission & Proposed Changes to City
Ordinances
2.November 2022 Council Action request – Introducing matterand its issues.
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City of Oak Park Heights
14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Phone (651) 439-4439 Fax (651) 439-0574
11/30/22
MEMO
TO: OPH Planning Commission
FROM: Eric Johnson, City Administrator
RE: Home Occupation – Day Care
For some time, staff has issued DAY CARE NURSERY FACILITIES permits under a SPECIAL
HOME OCCUPATION permit which requires a CONDITIONAL USE PERMIT. There are
four known facilities in the City.
Recently an application was submitted that was generally complete and the applicant sought to
commence their services immediately and was not aware that such process would require a CUP
process – or about 60 days +/-. In reviewing those related ordinances, it was discovered that there
are some confusing, elements towards a clean reading and required rules and process.
For example:
Under City Ord. 401.22 Day Care Facilities are a “Permitted” use, but are required to
secure a Conditional Use under a SPECIAL HOME OCCUPATION USE – see 401.15
M. 3. C
401.15 N.1 outlines that it shall be “..processed as a home occupation”. Thus not
requiring a Conditional Use Permit process.
In light of this, Staff would offer some possible changes to consider, they key aspect being that a
Day Care Nursery Facility would be a permitted HOME OCCUPATION not requiring a
Conditional Use Permit (or such process), but is limited to the underlying zoning and the
additional rules as outlined in 401.15 N. Such changes would make the securing of a Day Care
Nursery Facilities easier for applicants and staff to process. (See proposed DRAFT language
attached)
REQUESTED ACTION: As this is a ZONING AMENDEMENT, it would require a public
hearing prior to any Council final adoption. Thus, direct Staff to finalize a proposed
amendment and hold a public hearing with the Planning Commission 12/8/22 with final
form to be brought back to the City Council not later than January 2023.
Page 38 of 54
401.15.M. Home Occupations.
1. Purpose. The purpose of this Section is to maintain the character and integrity of
residential areas and to provide a means through the establishment of specific
standards and procedures by which home occupations can be conducted in
residential neighborhoods without jeopardizing the health, safety and general
welfare of the surrounding neighborhood. In addition, this Section is intended to
provide a mechanism enabling the distinction between permitted home
occupations and special or customarily “more sensitive” home occupations, so that
permitted home occupations may be allowed through an administrative process
rather than a legislative hearing process.
2. Procedures and Permits.
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a. Permitted Home Occupation. Any permitted home occupation as
defined in this Ordinance, and subject to the performance standards of this
Section, may be conducted solely within a single family detached dwelling
(excluding attached garage space and/or any accessory structures). The
permitted home occupation shall require a “permitted home occupation
permit”. Such permits shall be issued subject to the conditions of this
Section, other applicable City Ordinances and State law. This permit may
be issued by the Zoning Administrator based upon proof of compliance with
the provisions of this Section. Application for the “permitted home
occupation permit” shall be accompanied by a fee as adopted by the City
Council. If the Zoning Administrator denies a permitted home occupation
permit to an applicant, the applicant may appeal the decision to the City
Council. The permit shall remain in force and effect until such time as there
has been a change in conditions or until such time as the provisions of this
Section have been breached. An annual fee, as set by the City Council, will
be charged to the applicant. At such time as the City has reason to believe
that either event has taken place, a public hearing shall be held before the
Planning Commission, following the procedural provisions of a conditional
use permit in Section 401.03 of this Ordinance. The City Council shall
make a final decision on whether or not the permit holder is entitled to the
permit.
b. Special Home Occupation. Any home occupation which does not meet
the specific requirements for a permitted home occupation (excluding Day
Care Nursery Facilities)as defined in this Section shall require a “special
home occupation permit” which shall be applied for reviewed and disposed
on in accordance with the procedural provisions of a conditional use permit
found in Section 401.03 of this Ordinance.
c. Declaration of Conditions. The City Council may impose such conditions
on the granting of a special any home occupation permit as may be
necessary to carry out the purpose and provisions of this Section.
d. Transferability. Permits shall not run with the land and shall not be
transferable.
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e. Lapse of Special Home Occupation Permit by Non-Use. Whenever
within one (1) year after granting a permit the use as permitted by the permit
shall not have been initiated, then such permit shall become null and void
unless a petition for extension of time in which to complete the work has
been granted by the City Council. Such extension shall be requested in
writing and filed with the Zoning Administrator at least thirty (30) days before
the expiration of the original permit. There shall be no charge for the filing
of such petition. The request for extension shall state facts showing a good
faith attempt to initiate the use. Such petition shall be presented to the City
Council for a decision.
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f.Reconsideration. Whenever an application for a permit has been
considered and denied by the City Council, a similar application for a permit
affecting substantially the same property shall not be considered again by
the Planning Commission or City Council for at least six (6) months from the
date of its denial unless a decision to reconsider such matters is made by
not less than four-fifths (4/5) vote of the City Council.
3. Requirement-General Provisions. All home occupations shall comply with the
following general provisions and according to definition, the applicable requirement
provisions.
a. General Provisions.
1) No home occupation shall produce light, glare, noise, odor, vibration,
smoke, dust, heat, or hazardous or toxic material shall not be
produced, stored, or kept on the premises that will in any way have
an objectionable effect upon adjacent or nearby property.
2) No equipment shall be used in the home occupation which will create
electrical interference to surrounding properties.
3) Any home occupation shall be clearly incidental and secondary to
the residential use of the premises, should not change the residential
character thereof, and shall result in no incompatibility or disturbance
to the surrounding residential uses.
4) No home occupation shall require internal or external alterations or
involve construction features not customarily found in dwellings
except where required to comply with local and state fire and police
recommendations.
5) There shall be no exterior storage of equipment or materials used in
the home occupation, except personal automobiles used in the home
occupation may be parked on the site.
6) The home occupation shall meet all applicable fire and building
codes.
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7)All signing and informational or visual communication devices shall be
in compliance with Section 401.15.G of this Ordinance.
8) All home occupations shall comply with the provisions of the City
Code.
9) No home occupation shall be conducted between the hours of 10:00
pm. and 7:00 am. unless said occupation is contained entirely within
the principal building, excluding attached garage space, and will not
require any on-street parking facilities.
10) No commodity shall be sold on the premises.
11) Not over twenty-five (25) percent of any one story can be used for a
home occupation.
12) Day Care Nursery Facilities are required to secure a Home Occupation
Permit subject to such regulations, however are further regulated under
City Ordinance 401.15 N.
b. Requirements- Permitted Home Occupations – Excluding Day Care Nursery
Facilities regulated in 401.15 N. .
1) No person other than those who customarily reside on the premises
shall be employed.
2) The general public shall not come to the premises in question for
purposes pertaining to the conduct of the home occupation.
3) All permitted home occupations shall be conducted entirely within the
principal dwelling, excluding attached garage space, and may not be
conducted in an accessory building.
c. Requirements-Special Home Occupation.
1) No person other than a resident shall conduct the home occupation.
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2) Special home occupations shall be limited to only those activities of a
non-residential nature which are specified as allowed by state statute or
regulation such as day care group nursery or which comply with Sections a
and b above (except for b.2), but are conducted entirely within the principal
building, attached garage space, or detached accessory building.
3) Special home occupations may be allowed to accommodate their
parking demand through utilization of on-street parking. In such cases
where on-street parking facilities are necessary, however, the City
Council shall maintain the right to establish the maximum number
when and where changing conditions require additional review.
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4).Subject to the conditions placed on such permit by the City, tThe
general public shallmay be permitted to come to the premises in
questions for purposes pertaining to the conduct of the home
occupation.
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4. Transient Lodging. Transient Lodging shall be considered in all Residential
Districts with the issuance of a Conditional Use Permit according to Section
401.03.A,7 and that the following criteria are satisfactorily met.
a. General Provisions. Only a detached single family home may be utilized for
transient lodging consistent with the terms and conditions found herein:
1) The facility shall have a State issued license for lodging and/or food
service, and /or comply with and maintain all health, safety, building
and fire codes as may be required or applicable by the Building
Official. The owner is responsible to ensure the facility is code
compliant.
2) The owner may or may not occupy the structure while such facility is
being utilized as a transient lodging facility. There shall be a limit of
three (3) transient guests per bedroom and a limit of three (3)
bedrooms for transient lodging in the facility.
3) All bedroom units shall be established within a principal structure or
accessory structure.
4) No transient lodging facility shall be located closer than at least five
hundred (500) feet from other bed and breakfast facilities and/or
transient lodging as measured from property lines.
5) Dining and other facilities shall not be opened to the public but shall
be used exclusively by the registered guests of the facility.
6) Two (2) off-street parking spaces shall be provided for the facility use
plus one (1) for each bedroom over two (2) bedrooms. No parking
spaces shall be located in the front yard of the property, other than on
an existing driveway. All parking areas shall be improved with
asphalt, concrete or materials suitable to control dust and drainage as
approved by the City Engineer.
7) All signing and informational or visual communication devices shall be
in compliance with Section 401.15.G if this Ordinance and/or as may
be restricted by the City Council.
8) Adequate lighting shall be provided between the principal structure
and the parking area for the safety of the guests.
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9) Any excessive occupant noise reported to the City and in violation of
City Code shall receive a warning on the first offense and a citation on
the second. Continued citations shall be grounds for the suspension
or revocation of use permits by the City Council.
10) All transient lodging conditional use permits may be reviewed,
including site inspections, by the Building Official at any time. If
violations of City Ordinance, Building Code, Fire Code or conditions of
approval are found, the City Administrator shall schedule a public
hearing of the City Council to review the conditional use permit and
conditions. Upon review, the City Council may revise or cancel the
conditional use permit.
11) Any applicable lodging or room tax as established by City Ordinance
shall be paid by the owner of the property to the City.
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5. Non-Conforming Use.Existing home occupations and transient lodging lawfully
existing on the date of this Ordinance may continue as non-conforming uses. They
shall, however, be required to obtain permits for their continued operation. Any
existing home occupation or transient lodging that is discontinued for a period of
more than thirty (30) days, or is in violation of the Ordinance provisions, under which
it was initially established, shall be brought into conformity with the provisions of this
Section.
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6. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing
any home occupation or transient lodging permit to inspect the premises in which
the occupation is being conducted to insure compliance with the provisions of this
Section or any conditions additionally imposed.
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401.15.N.Day Care Nursery Facilities.
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1. Purpose. The regulation of day care nursery facilities in these zoning regulations
is to establish standards and procedures by which day care facilities can be
conducted within the City without jeopardizing the health, safety and general
welfare of the day care participants and/or the surrounding neighborhood or
changing the essential character and purpose of the surrounding neighborhood.
Subject to provisions as may be found in State Statute, Tthis Section establishes
the City’s minimum requirements for the establishment of a day care facility. which
are not defined as permitted uses by State Statute or which are operated in uses
other than single family homes. Day care nursery facilities other than those
defined permitted uses by State Statutes which operate in a single family dwelling
as an accessory use shall be subject to Section 401.15.M. of this Ordinance and
processed as a Hhome Ooccupation.
2. Application. Day care nursery facilities which are not already except where
defined as a permitted uses in the zoning district, shall be considered conditional
uses within all the zoning districts and shall be subject to the regulations and
requirements of Section 401.03 of this Ordinance. In addition to the City
regulation, all day care facility operations shall comply with the minimum
requirements of the Minnesota Department of Welfare regulations, as may be
amended.
3. Declaration of Conditions. The Planning Commission and City Council may
impose such conditions on the granting of a day care facility Home Occupation or
conditional use permit as may be necessary to carry out the purpose and
provisions of this Section and/or those found in 401.15 M..
4. Site Plan Drawing Necessary.All applications for a day care facility conditional
use permit shall be accompanied by a site plan drawn to scale and dimensioned,
displaying the information required by Section 401.03.C.3. of this Ordinance.
5. General Provisions.
a. Day care facilities shall be allowed as a principal use or as an accessory
use, provided that the day care facilities meet all the applicable provisions
of this Ssection and comply with the minimum requirements of the
Minnesota Department of Welfare regulations, as may be amended.
b. The proposed site for a day care facility as a principal use shall have a
minimum lot area as determined by the Minnesota Department of Welfare.
The City Council may increase the required lot area in those cases where
such an increase is considered necessary to ensure compatibility of
activities and maintain the public health, safety and general welfare. The
day care facility shall meet the setback requirements of the respective
zoning district.
c. The site of the proposed day care facility as an accessory use shall meet
all area and setback provisions of the respective zoning district in which the
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facility is to be located and comply with the minimum requirements of the
Minnesota Department of Welfare regulations, as may be amended.
d. Where the day care facility is in or abuts any commercial or industrial use
or zoned property, the day care facility shall provide screening along the
shared boundary of such uses. All of the required fencing and screening
shall comply with the fencing and screening requirements of Section
401.15.E. of this Ordinance.
e. Parking.
1) There shall be adequate off-street parking which shall be located
separately from any outdoor play area and shall be in compliance
with Section 401.15.F. of this Ordinance. Parking areas shall be
screened from view of surrounding and abutting residential uses in
compliance with Section 401.15.E. of this Ordinance.
2) When a day care facility is an accessory use within a structure
containing another principal use, each use shall be calculated
separately for determining the total off-street parking spaces
required.
f. One off-street parking space in compliance with Section 401.15.F. of this
Ordinance shall be provided.
g. All signing and informational or visual communication devices shall be in
compliance with Section 401.15.G. of this Ordinance.
h. The structure and operation shall be in compliance with State of Minnesota
Department of Human Services regulations and be licensed accordingly.
6. Non-Conforming Use. Existing day care facilities lawfully existing on the
effective date of this Ordinance may continue as non-conforming uses. They shall,
however, be required to obtain permits for their continued operation. Any existing
day care facility that is discontinued for a period of more than one hundred eighty
(180) days, or is in violation of the provisions of this Ordinance, under which it was
initially established, shall be brought into conformity with the provisions of this
Section.
7. Inspection. At any and all reasonable hours, with or without notice, the City
hereby reserves the right upon issuing any day care facility conditional use permit
to inspect the premises in which the occupation is being conducted to insure
compliance with the provisions of this Section or any conditions additionally
imposed.
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401.22. R-1, SINGLE FAMILY RESIDENTIAL DISTRICT
401.22.A. Purpose. The purpose of the R-1, Single Family District is to provide for
low density single family detached residential dwelling units and directly related,
complementary uses.
401.22.B.Permitted Uses. The following are permitted uses in an R-1 District:
1. Single family detached dwellings.
2. City parks and playgrounds.
3. Day care facilities serving twelve (12) or fewer persons.
4. Residential care facilities serving six (6) or fewer persons.
5. Cellular telephone antennas located on a public structure as regulated in Section
401.15.P of this Ordinance.
401.22.C.Interim Uses. The following are interim uses in an R-1 District:
1. None.
401.22.D. Accessory Uses. The following are permitted accessory uses in an R-1
District:
1. Private garages, parking spaces and carports for licensed and operable passenger
cars and trucks not to exceed a gross capacity of twelve thousand (12,000)
pounds, as regulated by Section 401.15.F. (Off-Street Parking) of this Ordinance.
Private garages are intended for use to store the private passenger vehicles of the
family or families residing upon the premises, and in which no business service or
industry is carried on.
2. Recreational vehicles and equipment.
3. Home occupations.
4. Private swimming pools when fully in compliance with all applicable State
standards.
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5. Tool houses, sheds and similar buildings for storage of domestic supplies and non-
commercial recreational equipment.
6. Public parks and playgrounds.
7. Essential services.
8. Radio and television antennas including single satellite dish TVROs one (1) meter
or less in diameter, short-wave radio dispatching antennas, or those necessary for
theoperation of household electronic equipment including radio receivers,
federally licensed amateur radio stations and television receivers, as regulated in
Section 401.15.P of this Ordinance.
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9. Solar energy systems, ground source heat pumps and wind energy systems as
regulated in Section 401.17 of this Ordinance.
401.22.E.Conditional Uses. The following are conditional uses in an R-1 District.
(Requires a conditional use permit based upon procedures set forth in and regulated by
Section 401.03 of this Ordinance.)
1. Public or semi-public recreational buildings and neighborhood or community
centers, public and private educational institutions limited to elementary, junior
high and senior high schools; and religious institutions such as churches, chapels,
temples and synagogues provided that:
a. Side yards shall be double that required for the district, but no greater than
fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 401.15.E. of this Ordinance.
c. Adequate off-street parking and access is provided on the site or on lots
directly abutting across a public street or alley to the principal use in
compliance with Section 401.15.F. of this Ordinance and that such parking
is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with Section 401.15.E. of this Ordinance.
d. Adequate off-street loading and service entrances are provided and
regulated where applicable by Section 401.03.F of this Ordinance.
e. The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
2. Water supply buildings, reservoirs, wells, elevated tanks and similar essential
public utility and service structures.
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3.Bed and breakfast facilities providing that the following criteria are met. For the
purpose of this Ordinance, bed and breakfast units shall include those rooms that
are provided to transient guests for compensation, but not including those rooms
used by the owner occupants:
a. A maximum of six (6) bed and breakfast units may be established within a
structure, unless as noted in item b, lot size would allow for more, but not to
exceed a maximum of ten (10) units.
b. The parcel on which the bed and breakfast is located shall accommodate
at least three thousand (3,000) square feet of lot area per bed and breakfast
unit inclusive of the owner-occupants’ living quarters.
c. The facility shall have a State issued license for lodging and food service,
and comply with and maintain all health, safety, building, and fire codes as
may be required or applicable.
d. The fee owner shall be in residence of the structure and shall maintain same
as their homestead and demonstrate that the structure is in part classified
as homestead for tax purposes.
e. All bed and breakfast units shall be established within the principal
structure.
f. The original principal structure used for the bed and breakfast shall have a
minimum size of one thousand seven hundred fifty (1,750) gross square
feet.
g. No bed and breakfast facility shall be located closer than at least nine
hundred (900) feet from other bed and breakfast facilities as measured from
property lines.
h. Any structure proposed to be used for a bed and breakfast must have
historic significance. Historic significance is demonstrated by:
1)Structures that are on the National Register of Historic properties and
are substantially intact.
2)Structures that are at least eighty (80) years of age and are
substantially intact.
3)Structures that can demonstrate historic significance as determined
by the City Council.
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i. No more than the equivalent of two (2) full time persons shall be employed
by the bed and breakfast facilities who are not residents of the structure.
j. Dining and other facilities shall not be opened to the public but shall be used
exclusively by the residents, registered guests of the facility, or guests of a
meeting held at the facility.
k. The owner-occupant of the bed and breakfast shall be allowed to host small
groups and meetings if the facility contains at least one thousand (1,000)
square feet of area for this purpose as well as a commercial kitchen that
complies with all health, safety, and building code standards. Groups and
meetings shall be limited to no more than two (2) persons per bed and
breakfast unit. The owners of a bed and breakfast may request a permit for
special events that will exceed the two persons per unit limit requiring
submittal of an application and consideration of approval by the Community
Development Director.
l. Two (2) off-street parking spaces shall be provided for the facility plus one
(1) for each bed and breakfast unit. Parking areas shall be screened and
landscaped and no parking space shall be located in the front yard of the
property, other than on an existing driveway. The parking areas shall be
improved with asphalt, but shall be exempt from other commercial parking
requirements of the Zoning Ordinance.
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m. All signing and informational or visual communication devices shall be in
compliance with Section 401.15.G of this Ordinance.
n. Adequate lighting shall be provided between the principal structure and the
parking area for the safety of guests. All external lighting shall be regulated
by conditional use permit.
o. All bed and breakfast conditional use permits shall be reviewed annually by
the Community Development Department. If violations of City ordinances,
Building Code, or conditions of approval are found, the Community
Development Director shall schedule a public hearing of the Planning
Commission to consider the conditional use permit and conditions. Upon a
Planning Commission recommendation, the City Council may make
adjustments to or cancel the conditional use permit.
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p. The provisions of Section 401.03.A.7 of this Ordinance are considered and
satisfactorily met.
4. Residential planned unit development as regulated by Section 401.06 of this
Ordinance.
5. Single satellite dish TVROs greater than one (1) meter in diameter provided that:
a. The provisions of Section 401.03.A.8 and Section 401.15.P of this
Ordinance are considered and satisfactorily met.
6. Cellular telephone antennas not located on a public structure provided that:
a. The provisions of Section 401.03.A.8 and Section 401.15.P of this
Ordinance are considered and satisfactorily met.
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Oak Park Heights
Request for Council Action
th
Meeting Date November 14, 2022
Time Required: 5 Minutes
Agenda Item Title: Consider Ordinance Amendments Related to Day Care Nursery Facilities
Agenda Placement New Business
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested: Discussion – Possible Action to Set Public Hearing.
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
For some time, staff has issued DAY CARE NURSERY FACILITIES permits under a SPECIAL
HOME OCCUPATION permit which requires a CONDITIONAL USE PERMIT. There are
four known facilities in the City.
Recently an application was submitted that was generally complete and the applicant sought to
commence their services immediately and was not aware that such process would require a CUP
process – or about 60 days +/-. In reviewing those related ordinances, it was discovered that there
are some confusing, elements towards a clean reading and required rules and process.
For example:
Under City Ord. 401.22 Day Care Facilities are a “Permitted” use, but are required to
secure a Conditional Use under a SPECIAL HOME OCCUPATION USE – see 401.15
M.3. C
401.15 N.1 outlines that it shall be “..processed as a home occupation”. Thus not
requiring a Conditional Use Permit process.
In light of this, Staff would offer some possible changes to consider, they key aspect being that a
Day Care Nursery Facility would be a HOME OCCUPATION not requiring a Conditional Use
Permit (or such process), but is limited to the underlying zoning rules and the additional rules as
outlined in 401.15 N. Such changes would make the securing of a Day Care Nursery Facilities
easier for applicants and staff to process. (See proposed DRAFT language attached)
REQUESTED ACTION: As this is a ZONING AMENDEMENT, it would require a public
hearing prior to any Council final adoption. Thus, direct Staff to finalize a proposed
amendment and hold a public hearing with the Planning Commission with final form to be
brought back to the City Council not later than January 2023.
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Oak Park Heights
Request for Council Action
Meeting Date 2/14/23
Time Required: 5 Minutes
Agenda Item Title: Reschedule Worksession Slated for 2/14/23
Agenda Placement New Business
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested Discussion/ Possible Action
Staff would like to have a check-in with Council on the following Items:
The planned meeting for 2/14 was postponed till TBD….
Discuss possible dates?
Setting some overall Council Goals and Policy Check-in.
Some known outstanding items: South Frontage Road – MOU , Code of Ethics,
Letterhead/Communication Policy & does the City Council or other Staff have other
items for 2023 priority discussion / topics?
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