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HomeMy WebLinkAbout06-27-2023 City Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 27,2023AT 6:00 P.M. 6:00p.m.I.Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:05p.m.II.Council/StaffReports A.Mayor McComber B.CouncilmemberDougherty C.CouncilmemberJohnson D.Councilmember Liljegren E.Councilmember Runk F.Staff Chief of Police Assistant City Administrator/City Clerk(pg. 3) 6:10p.m.III.Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues that are or are not part of the regular agenda (Please limit comments to 3 minutes in length). A.Update fromState Senator and State Representative B.Middle St. Croix Regional Trail Master Plan Presentationby Conner Schaefer, Washington County(pg. 5) 6:10p.m.IV.Consent Agenda(Roll Call Vote) A.ApproveBills & Investments B.Approve City Council Minutes June 13, 2023(pg.31) C.Approve SRO Service Agreementwith ISD #834(pg.35) D.Authorize Guests of Housley Homes Group Reservation at Autumn Hills Park Shelter to Remain in Park Until 10:30 on July 14, 2023(pg.39) 6:10p.m.V.Public Hearings A.Public Hearing for June 27, 2023 for Request by Stillwater Bowl Regarding Noise Ordinance foraConcert at Stillwater Bowl to be Held on July 14, 2023(pg.41) 6:15p.m.VI.OldBusiness A.Urban Heat Islands Ordinance Amendments(pg.43) B.2024 Bonding Session MMB DataResolution of Support(pg.77) C.Council Policies Lobbyingand Letterhead/Representative Actions(pg.79) D.Bee Keeping Apiaries 602Ordinance Update(pg.85) E.City Council Code of Conduct(pg.107) 6:35p.m.VII.NewBusiness A.Patrol Officer Second Round of Interviews(pg. 117) 6:40p.m.IX.Other Council Items or Announcements 6:45p.m.X.Adjournment Page 1 of 118 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 118 Page 3 of 118 Page 4 of 118 Page 5 of 118 Page 6 of 118 Page 7 of 118 Page 8 of 118 Page 9 of 118 Page 10 of 118 Page 11 of 118 Page 12 of 118 Page 13 of 118 Page 14 of 118 Page 15 of 118 Page 16 of 118 Page 17 of 118 Page 18 of 118 Page 19 of 118 Page 20 of 118 Page 21 of 118 Page 22 of 118 Page 23 of 118 Page 24 of 118 Page 25 of 118 Page 26 of 118 Page 27 of 118 Page 28 of 118 Page 29 of 118 Page 30 of 118 Page 31 of 118 Page 32 of 118 Page 33 of 118 Page 34 of 118 Oak Park Heights Request for Council Action th Meeting Date June 27, 2023 Time Required: 1 Minutes Agenda Item Title: Approve SRO Service Agreement with the ISD #834 Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested Approve SRO Service Agreement with the ISD #834. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In 2014 the City entered into a three-year agreement with ISD #834 for the provision of 70% of the City Staff costs to provide the School Resource Officer, SRO. This has been extended via a various extension agreements. This 70% includes all costs associated with the generalized personnel (wages and benefits) as assigned. The previous Agreement(s) and extensions did expire with the conclusion of the 2022-2023 School year and both Staffs have discussed an extension to this agreement for three additional years (with an automatic renewal) as the terms have been reasonable to both parties. If approved, the SRO would be in place through 2025-2026 School Year – with an automatic extension through the end of the 2028-2029 school year. The City would retain the full rights of the SRO directives consistent with Departmental practice and subject to the terms of a final agreement - as attached. Recommendation: Approve the enclosed - Service Agreement – School Resource Officer subject to any required modifications by the Chief of Police and/or the City Attorney. Page 35 of 118 SERVICE AGREEMENT – SCHOOL RESOURCE OFFICER THEFOLLOWING LANGUAGE OUTLINESTHEPRIMARYROLESANDCOMMITMENTSMADEBETWEENTHECITY OF OAK PARK HEIGHTS (the City) AND THE STILLWATER AREA SCHOOL DISTRICT (the District) AS IT RELATES TO THE CITY’S PROVISION OF A FULL TIME SCHOOL RESOURCE OFFICER (SRO) For services provided herein, the District shall pay to the City a fee of seventy percent (70%) of the annualized Personnel Costs of the SRO officer which shall include: Salary, Benefits and Uniforms. (Salary, Benefits and Uniforms shall only include those available to other sworn officers of the Department as well as all other required State and Federal employer paid elements.) Such Personnel Costs are outlined in Exhibit A and will be adjusted annually based on actual costs. The City shall provide, through its Police Department a licensed, police officer as Full-Time School Resource Officer (SRO) for the Stillwater Area High School, (the School). The Service Agreement shall be for the following School Years: 2023-2024; 2024-2025; 2025-2026 The Following Conditions Shall Prevail: 1.The time committed by the SRO will be a full-time officer of approximately 40/hours per week during the regular School year in a schedule set forth by Chief of Police. Scheduling of the officers time at the School is subject to the sole discretion of the Chief of Police taking into consideration the needs of the City, the Department and those of the School. 2.Any final schedule would remain confidential and only shared with District. The District shall keep the schedule confidential on a need to know basis of administrative staff but subject to relevant Minnesota Government Data Practices Act. 3.Additional hours requested by the District for the SRO beyond those normally funded and scheduled would be the additional cost responsibility of the District. This Agreement does not cover any other Police time or requirements of the District or School, such as an officer being present at sporting events or other special events. For any additional costs, standard City police hours and rates shall apply as are utilized to charge other organizations or entities. 4.If the SRO spends more time at the school due to an incident or other unscheduled event that requires the time of the SRO,the hours for the SRO shall be adjusted reducing the time at the school on upcoming days to account for the extra time spent for the incident or unscheduled event. 5.Hours taken for vacation or sick leave by the assigned SRO will be credited to the scheduled hours and made up at a later date at the School. The City shall not be obligated to provide a substitute SRO during routine vacations and/or sick leave. Should an unanticipated need for an extended absence arise in which the assigned SRO cannot fulfill the obligations of the assignment, the City shall appoint a new SRO officer to assume the duties either temporarily or through any remaining balance of the school year. The City retains the sole discretion as to which Officer shall fill the SRO. 6.During non-scheduled times the SRO is not at the School, the Department would respond no differently than to any other entity or person in the City requesting Police assistance. 7.The District may hold and compile information as needed for status and other minor offenses that may require Police action until the next time the SRO is scheduled to work. 8. The Department and the SRO shall have the sole discretion on the execution and practices of all Police matters. 9.The school is requested to provide input on the officer assigned as SRO, however the assignment is solely the decision of the Chief of Police taking into consideration the needs of the Department, considerations of discipline and work history of the potential or assigned officer, the fit and development of the officer at the school, and the needs and desires of the District. 10. The District will pay the City based on received invoices for prospective services. The City shall typically invoice one-half st st of any amounts due on June 1and December 1of each year. Page 36 of 118 11. The officer will only provide SRO responsibilities to District schools within the City of OPH. 12. The Department is not obligated to provide any special equipment other than that normally assigned to an Officer of the Department for the typical daily role of the SRO. Any additional or special equipment desired by the District would be the obligation of the District to provide the advanced funding. Only approved equipment or uniforms by the Chief of Police will be authorized to be used or worn by the SRO. 13. The District shall, under the direction of the Principal, furnish a secure office location for the employee to work, a District office phone and a District computer. Subject to the terms of this Agreement, the SRO is considered a ‘School Official’ with responsibilities for supporting the safe education of the students within the District. 14. The District and City shall promptly communicate between the parties regarding any problems related to the execution of this Agreement and/or how provisions may be interpreted. 15. This Agreement may not be terminated by the District during the given School Year without the written consent of the City. Should the District desire to terminate the Agreement prior to the commencement of any prospective School Year, st it may do so without penalty and for any reason but must inform the City by May 1that it desires to discontinue the SRO for the upcoming school year and beyond; failure to provide the written notice by such date shall result in the District being required to pay to the City the full sum due for the upcoming year. 16. The City may terminate this Agreement for any reason and without penalty by the provision of ninety (90) calendar days written notice to the District, any remaining funds owed between the parties shall be prorated based on remaining days left in the School Year. 17. This Agreement shall prevail should there be any specific and/or unambiguous conflict with any other written agreement between the City and the District. The terms and conditions of all issued Permits or Developer’s Agreements remain in full-force and effect. 18. This Agreement will be automatically extended through the end of the 2028-2029 School Year if not terminated by either st , 2025. party prior to December 31 The above terms and conditions are hereby agreed to. For the Independent School District #834: For the City of Oak ParkHeights: Date Date ISD#834 – School Board Chair Mayor Date te Da ISD#834 - School Superintendent City Administrator Date Date Notary for ISD#834 – School Board Chair: Notary for Mayor: Affix Notary Stamp Here -> Affix Notary Stamp Here -> Date Date Notary for CityAdministrator: Affix Notary Stamp Here -> Notary for ISD#834 - School Superintendent: Affix Notary Stamp Here -> Page 37 of 118 EXHIBITA:TOSERVICEAGREEMENT – SCHOOLRESOURCEOFFICER PersonnelCosts - forSROposition 2023-2024Usedasanexample ofratesandwhatisincluded – Theannualrateswouldbeapplicablewhenineffect. The officer supplied may change and its related data. ThefeeduetotheCityforthe2023-2024SchoolYearis $ 125,955andisanannualizedrateandis theamountdue from the District to the City. Page 38 of 118 Page 39 of 118 Page 40 of 118 Page 41 of 118 Page 42 of 118 Oak Park Heights Request for Council Action Meeting Date June 27th, 2023 Time Required: 10 Minutes _____________________ Agenda Item Title:Urban Heat Islands – Ordinance Amendments Agenda Placement Old Business Originating Department/Requestor: Eric Johnson, City Administrator Requester’s Signature: _____ Action Requested Discussion, Possible Action Please see the enclosed documents: th 1. Memo from Scott Richards, City Planner dated June 15, 2023 2.RelatedCity Ordinance Amendments to 401.15. F – (#2023-401-04) 3.Related Resolution – Amending Design Guidelines 4.Summary Document for Publication (Council please consider and possibly adopt these separately – 2, 3, & 4) Page 43 of 118 MEMORANDUM TO:Eric Johnson FROM: Scott Richards DATE: June 15, 2023 RE: OakPark Heights – Urban Heat Islands – Parking Requirements/Landscaping – City Council TPC FILE: 236.01 - 22.01 BACKGROUND The City Council, at their October 11, 2022, meeting discussed a request by Councilmember Carly Johnson to consider policies related to reducing the impact of the City’s urban heat islands. As you are aware there are large areas of parking lots in the west commercial area of the City, centered around Walmart, Lowes, Menards, and the shopping center that includes the Kowalski’s. The City Council has asked the Planning Commission to review the issue and especially the parking requirements of the Zoning Ordinance. The Planning Commission discussed the urban heat island topic at their January 12, 2023, February 9, 2023, March 9, 2023, and April 13, 2023, meetings. A public hearing was advertised and opened at the March 9, 2023, meeting. The Planning Commission at their May 11, 2023, meeting recommended the language as follows and in the draft resolution for consideration of the City Council. EXHIBITS Exhibit 1: Air Photo – Aldi Exhibit 2: Air Photo – Stillwater Crossing Exhibit 3: Air Photo – Suds Car Wash Area Exhibit 4: Air Photo – Pizza Ranch Exhibit 5: Air Photo – Kohl’s/Menards Parking Standards The Planning Commission agreed that the City should look to reduce the parking requirements, not only to provide more green space but also to provide pads for redevelopment. Although the commercial areas of the City are almost completely developed, there will be opportunities in the future to work with developers in re- Page 44 of 118 imagining these areas with fewer parking spaces and more green space. The City has an opportunity now to revise its parking requirements as the first step in preparing for redevelopment opportunities. Staff would recommend the following changes to the parking requirements of the Zoning Ordinance. In most cases the parking requirements could be reduced by 50 percent. There are exceptionsfor some housing uses and schools where parking demand has not decreased. New language is in bold, and removed language is lined through. 401.15.F. Off-Street Parking and Loading. 1. Off-Street Parking Purpose. The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right- of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. 2. Application of Off-Street Parking Regulations. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the City. 1 3. Site Plan Drawing Necessary. All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimension indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this Section. All site plans for new single family homes must provide for the location of a two (2) stall garage in compliance with this Chapter. 4. General Provisions. a. Floor Area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of theexterior floor area dimensions of the buildings, structures or use times the number of floors, minus ten (10) percent, except as may hereinafter be provided or modified. b. Reduction of Existing Off-Street Parking Space or Lot Area. Off-street parking spaces and loading spaces or lot area existing upon the effective date of this Section shall not be reduced in number or size, unless said number or size exceeds the requirements set forth herein for a similar new use. c. Non-Conforming Structures. Should a non-conforming structure or use be damaged or destroyed by fire, it may be re-established if elsewhere permitted in these zoning regulations and in Minnesota Statute, except that in doing so, any off-street parking or loading space which existed before shall be retained. Page 45 of 118 d. Change of Use or Occupancy of Land. No change of use or occupancy of land already dedicated to a parking area, parking space, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. e. Change of Use or Occupancy of Buildings. Any chan ge of use or occupancy of any building or buildings, including additions thereto requiring more parking areas shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. f.Residential Use Parking. 1) Except as provided below in Subsection 4.f.2 and except on a limited, temporary basis involving guests or work being performed on site, on and off-street parking facilities shall be utilized solely for the parking of licensed and operable passenger automobiles, vans, one (1) truck not to exceed gross capacity of twelve thousand (12,000) pounds; and recreational vehicles and equipment which are the property of the occupant, except as provided below in Subsection 4.f.2. Under no circumstances shall required facilities accessory to residential structures be used for the storage of non- qualifying commercial vehicles, commercial equipment, or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments. 2) For detached single family uses in residential zoning districts, the off-street parking of vehicles other than those stipulated in Subsection 4.f.1 above may be allowed as an interim use permit pursuant to Section 401.05 of these zoning regulations, provided that: a) The property fronts on an improved public street which is determined by the City Engineer to be capable of carrying the vehicles in question without undue damage. b) The type of vehicle to be parked does not create an unreasonable safety hazard to neighboring residents or the public utilizing the street(s) servicing the property. c) The site upon which the vehicle is parked has adequate space to allow turning movements and parking which does not result in the backing of vehicles from or onto the public street. d) The parking of such vehicles does not adversely affect neighboring property owners as it relates to noise. Page 46 of 118 e) The parking of such vehicles is screened from neighboring properties and thepublic right-of-way to the extent determined as necessary by the City Council in compliance with Section 401.15.E. of this Ordinance. f) The provisions of Section 401.05 of this Ordinance are considered and determined to be satisfied. g. Calculating Space. 1) When determining the number of off-street parking spaces results in a fraction, each fraction over .5 shall constitute another space. 2) In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one seat for the purpose of determining requirements. 3) Except as provided for under joint parking and shopping centers, should a structure contain two (2) or more types of use, the sum of each shall be calculated separately and shall be used for determining the total off-street parking spaces required. h. Stall, Aisle and Driveway Design. 1) Parking Space Size. Except for handicapped parking spaces, each parking space shall not be less than nine (9) feet wide and twenty (20) feet in length, eighteen (18) feet in length adjacent to a curb, exclusive of access aisles, and each space shall be served adequately by access aisles. 2) Street Access. All off-street parking facilities shall be designed and constructed with appropriate means of vehicular access to a public street. Except in the case of a planned unit development, each lot shall have access directly onto an abutting, improved and City accepted public street. Exception to this access requirement may be allowed as a conditional use permit pursuant to Section 401.03 of this Ordinance. 3) Within Structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other Page 47 of 118 activity until other adequate provisions are made to comply with the required off-street parking provisions of this Ordinance. 4) Lot Circulation. Except in the case of single, two-family, townhouse, quadraminium, and manor home dwellings, parking areas shall be designed so that circulationbetween parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley, unless allowed though a Conditional Use Permit. Except in the case of single, two-family, townhouse, quadraminium, and manor home dwellings, parking area design which requires backing into the public street is prohibited. 5) Intersection Separation. No curb cut access shall be located less than sixty (60) feet from the intersection of two (2) or more street rights-of-way. This distance shall be measured from the intersection of lot lines. 6) Lot Design. Except in the case of single family, two-family, townhouse, quadraminium, and manor home dwellings, parking areas and their aisles shall be developed in compliance with the standardson the Parking Lot Dimension Table as follows. 7) Parallel Parking. Parallel parking spaces shall be at least twenty- two (22) feet in length. 8) Curb Cut Size. No curb cut access shall exceed twenty-four (24) feet in width, or thirty-two (32) feet when accessing a State highway, except by conditional use permit. approval of the City Engineer. 9) Side Yard Setback. Except with special approval from the Zoning Administrator, curb cut openings shall be a minimum of five (5) feet from the side yard property line in all districts. Staff proposes the following table be eliminated. The City Engineer reviews site plans to determine if parking lot design is adequate based upon the individual circumstances. Page 48 of 118 Page 49 of 118 10) Curb Cut Spacing. Driveway access curb openings on a public street except for single, two-family, quadraminium, manor home, and townhouse dwellings, shall not be located less than forty (40) feet from one another. 11) Grade. The grade elevation of any parking area or driveways shall not exceed ten (10) percent. 12) Number of Curb Cuts. Each property shall be allowed one (1) curb cut access for each one hundred twenty-five (125) feet of street frontage. All property shall be entitled to at least one curb cut. 13) Surfacing. All areas intended to be utilized for parking space and driveways shall be hard surfaced with materials suitable to control dust and drainage. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for review and the final drainage plan shall be subject to written approval. The Planning Commission decided not to incorporate language related to pervious pavement. 14) Striping. Except for single, two-family townhouses, quadraminiums, all parking stalls shall be marked with white or yellow painted lines not less than four (4) inches wide. 15) Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of- way, and shall be in compliance with Section 401.15.B.7. of this Ordinance. 1 16)Signs. No sign shall be so located as torestrict the sight lines and orderly operation and traffic movement within any parking lot or driveway. All signs shall be in conformance with Section 401.15.G of this Ordinance. 34 17) Curbing and Landscaping. Except for single and two-family dwellings, all open, off-street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than ten (10) feet to any lot line or right of way line. Grass plantings and landscaping shall be provided in all areas bordering the parking area. 18) Required Screening. All open off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts and uses, and the public right-of- way in compliance with Section 401.15.E. of this Ordinance. Page 50 of 118 19) Snow Storage. Adequate space for snow storage shall be provided on the site so as not to reduce the required minimum number of parking spaces. In those cases where excessive snow cannot be properly stored on site, it shall be immediately removed from the site. 20) Driveway Turn Around. In the case of single family, two-family, townhouse, quadraminium, and manor home dwellings, which front on streets designated as collector, minor arterial, intermediate arterial and principal arterial by the City's Comprehensive Plan, the installation of a vehicle turn-around space, immediately adjacent to the access driveway is allowed and may be required by the City Council. Said space is to be no larger than ten (10) feet wide and ten (10) feet in length. Where possible, said space shall be located away from the principal structure and shall be no closer than twenty (20) feet from the street surface. Said space shall not to be utilized for parking or storage purposes. 5. Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or buildings to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fencing and screening. 1 6. Location. All accessory off-street parking facilities as required by this Ordinance shall be located and restricted as follows: a. Required accessory off-street parking shall be on the same lot under the same ownership, easement and/or lease as the principal use being served, except under the provisions of Section 401.15.F.10. b. Except for single, two-family, townhouse, quadraminium, and manor home dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. c. The boulevard portion of the street right-of-way shall not be used for parking, except on a designated driveway. d. Setback Area - Required Accessory Off-street Parking. Required accessory off-street parking shall be provided for single family dwellings withinthe R-1 and R-2 Districts and for quadraminium and townhouse dwellings within R-3 and R-B Districts, in a garage, car port, or on a defined driveway leading directly into a garage or car port, and shall be constructed of concrete, asphalt, cobblestone, or paving block. e. Setback Area - Accessory Off-Street Parking (General). Accessory off- street parking provided above and beyond the requirements of this Ordinance for single family uses within R-1 and R-2 Districts and Page 51 of 118 quadraminium and townhouse dwellings within R-3 and R-B Districts shall be subject to written approval of abutting residential neighbors and the following: Accessory off-street parking shallbe provided on a designated driveway leading directly into a garage and/or on one (1) designated parking pad contiguous to the driveway and located away from the principal use. Said accessory off-street parking area may be located within the front, side, or rear yard setback and must be constructed of concrete, asphalt, cobblestone, paving block or crushed rock that at a minimum meets Class Five (5) material specifications and has at least a four (4) inch deep base. Said parking pad must be set back at least five (5) feet from rear and side property lines.The exception to the provisions of this section is by conditional use permit as regulated by Section 401.03 of this Ordinance. f. Truck and Trailer Parking in Residential Areas. No more than one (1) truck and/or trailer not to exceed a gross capacity of twelve thousand (12,000) GVW shall be parked off-street in a residentially zoned district, except when loading, unloading or rendering a service. g. Violations may be enforced through tagging. h. Trailers, Recreational Vehicles, and Boat Parking in Residential Areas. Trailers, recreational vehicles or boats shall be allowed on a driveway or designated pad. All trailers, recreational vehicles and boats shall be parked at least five (5) feet from rear property lines. 7. Use of Required Area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, repair work, storage of inoperable vehicles. and/or storage of snow. 8. Handicapped Parking Spaces. Except for single family, two-family, townhouse, quadraminium, and manor home dwellings, at least one handicapped parking space shall be provided for each use. P per the Americans with Disabilities Act (ADA), an additional space shall be provided for each increment of twenty-five (25) spaces in excess of the initial twenty-five (25) spaces. Handicapped spaces shall be at minimum twelve (12) feet by twenty (20) feet, and shall be located so as to provide convenient, priority access to the principal use and shall conform to Minnesota Statutes, Section 168.021, as may be amended. 9. Number of Spaces Required. The following are the minimum/maximum required number of off-street parking spaces that shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. The City Council reserves the right to establish parking requirements for any use not specifically provided for hereafter, or after any requirement as necessary to meet the objectives of this Section. Factors to be considered in such a determination shall include (without limitation) size of buildings, type of use, number of employees, expected volume and Page 52 of 118 turnover of customer trafficand expected frequency and number of deliveryor service vehicles. a. Auto Repair, Major Bus Terminal, Taxi Terminal, Bottling Company, Shop for a Trade Employing Six (6) or Less People, Garden Supply Store, Building Material Sales in Structure. Eight (8) Four (4) off-street parking spaces, plus one (1)additional space for each eight hundred (800) square feet of floor area over one thousand (1,000) square feet. b. Baseball Fields, Stadiums. At least One (1) parking space foreach eight (8) seats of design capacity. c. Boat and Marine Sales and Service. One (1) space for each four hundred (400)eight hundred (800)square feet of floor area for the first twenty-five thousand (25,000) square feet, plus one (1) space for each six hundred (600) square feet thereafter. d. Boating Marinas and Yacht Clubs. Seven (7) Four (4) spaces for each ten (10) boat or mooring spaces. e. Banks. One space per two hundred fifty (250) five hundred (500) square feet of floor area. f.Banks (Drive-in). Two (2) One (1) space for each drive-in unit plus drive aisle stacking space of one hundred eighty (180) feet for each drive-in unit. g. Boarding and Lodging House.At least One (1) parking space for each two (2)four (4) people for whom accommodation isprovided for sleeping. h. Bowling Alley. At least five (5)Three (3) parking spaces for eachalley, plus additional spaces as may be required herein for related uses contained within the principal structure plus one space for every employee. i. Car Wash. (In addition to required magazining or stacking space). obile Drive Through, Services. A minimum of ten (10)Five 1) Autom (5) spaces, or one (1) space for each employee on the maximum shift, whichever is greater. 2) Self-Service. A minimum of Two (2) spaces. 3) Motor Fuel Station Car Wash. Zero (0) in addition to that required for the station. j. Churches, Auditorium. At least One parking space for each three (3) six (6) seats based on the design capacity of the main assemblyhall. Page 53 of 118 Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed bythis Ordinance. k. Clinics. One (1) space per one hundred (100) two hundred (200) square feet of floor area. l. Comm unity Centers, Physical Culture Studios, Libraries, Private Clubs, Lodges, Art Galleries. Ten (10)Five (5) spaces plus onefor each one hundred fifty (150) square feet in excess of two thousand (2,000) square feet of floor area in the principal structure. m. Elderly (Senior Citizen) Housing. Reservation of area equal to one (1) parking space per unit. Initial development is, however, required for only O ne-half (1/2) space per unit. and said number of spaces can continue until such time as the City considers a need for additional parking spaces has beendemonstrated. n. Funeral Home. At leasttwenty (20) Ten (10) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises.Aisle space shall also be provided off the street for making up a funeral procession. o. Furniture and Appliance Stores. One (1) space per four hundred (400) eight hundred (800) square feet of floor area. p. Golf course, Golf Clubhouse, Country Club, Swimming Club, Tennis Club, Public Swimming Pool. Twenty (20) Ten (10) spaces plus one (1) space for each five hundred (500) square feet of floor area in the principal structure. q. Golf Driving Range, Miniature Golf, Archery Range. Ten (10) Five (5) off- street parking spaces plus one (1) for each one hundred (100)five hundred (500) square feet of floor area. r. Hospitals. One space for each two (2) four (4) patient beds (excluding bassinets), plus one additional space for each doctor including visiting doctors, plus one space for each two (2) employees including nurses; loading and unloading space for hospital ambulances and similar vehicles are not included in the spaces required. s. Manufacturing, Fabricating or Processing of a Product or Material. At least eight (8) Four (4) spaces plus one (1) space for each two (2) employees on each shift based on maximum planned employment or at a minimum at least eight (8) spaces plus one (1) space for each five hundred (500) square feet of floor area. Page 54 of 118 t.Motels, Motor Hotels, Hotels, Resorts. One (1) space per each rental unit plus one (1) additional space for each ten (10) twenty (20) units and one (1) space foreach employee shift. In addition,one (1) space per forty (40) one hundred (100) square feet of meeting and/or banquet room. u. Motor Fuel Station. At least Four (4) off-street parking spaces plustwo (2) one (1) off-street parking spaces for each service stall. Thosefacilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable provisions of this Ordinance. v. Multiple F amily Dwellings. At leasttwo (2) One (1) free space per unit. w. Office Buildings, Animal Hospitals, ProfessionalOffices, Medical and Dental Clinics. Three (3) spaces plus at least one space for each two hundred (200) four hundred (400) square feet of floor area. x. Post Office. One space for each four hundred (400) eight hundred (800) square feet of floor area plus one space for each employee. y. Public Parks, Playgrounds andPlayfields. At least five (5)Three (3) parking spaces for each acre of park over one (1) acre; two (2) parking spaces per acre for playgrounds, and ten (10) five (5) spaces for each acre of playfield. When a public recreation site has more than one (1) use designation, the areas must be divided for determining the required parking spaces. z. Research, experimental or testing station. One (1) space per each employee on the largest shift or one (1) space per five hundred (500) one thousand (1,000) square feet of floor area whichever is greater. aa. Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, Taverns, Nightclubs. At least One (1) space for each forty (40) one hundred (100) square feet of gross floor area of dining and bar area and one (1) space for each eighty (80) one hundred twenty (120) square feet of kitchen area. bb. Drive-in Restaurant and Fast Food Restaurant. At least One (1) parking space for each thirty-five (35)one hundred (100) square feet of gross floor area of service and dining area, but not less than fifteen (15) ten (10) spaces. Two (2) additional parking spaces shall be added for drive- through services facilities and one (1) space for each eighty (80) one hundred twenty (120) square feet of kitchen/storage area. Additionally, one hundred eighty (180) feet of drive aisle stacking space shall be provided for drive-through facilities. Page 55 of 118 cc. Retail Store and Service Establishment. At least One (1) off-street parking space for each two hundred (200) four hundred(400)square feet of floor area. dd. Retail Sales and Service Business with Fifty (50) Percent or More of Gross Floor Area Devoted to Storage, Warehouse and/or Industry. At least Eight (8) spaces or one(1) space for each two hundred (200)four hundred (400) square feet devoted to public sales or service plus one (1) space for each five hundred (500) one thousand (1,000) square feet of storage area; or at least eight (8) spaces and one (1) space for each employee on the maximum shift, whichever is appropriate. ee. Sanitariums, Convalescent Home, Rest Home,Nursing Home or Day Nurseries. Four (4) spaces plus one (1) for each three (3) six (6) beds for which accommodations are offered and one space designated for emergency vehicles. ff. School,Elementaryand Junior High. At least One (1) parking space for each classroom plus one additional space for each fifty (50) students. Auditorium or event space shall be subject to a separate, additional calculation. gg. School, High School through College and Private and Day or Church Schools. At least One (1) parking space for each seven (7) students based on design capacity plus one (1) for each three (3) classrooms. Auditorium or event space shall be subject to a separate, additional calculation. 1 hh. Single Family, Two-Family, and Townhouse Unit. Two (2) spaces per unit, both of which are in a covered garage structure. ii. Shopping Centers. Six (6) Three (3) spaces per each one thousand (1,000) square feet of gross floor area. jj.Skating Rink, Dance Hall, or Public Auction Houses. Twenty (20)Ten (10) off-street parking spaces, plus one (1) additional off-street parking space for each two hundred (200) four hundred (400) square feet of floor space over two thousand (2,000) square feet. kk. Theaters, Civic Centers, Auditoriums, Stadiums, Sports Arenas or Similar Uses. Onespace for each four (4) six (6) seats, plus one space for each two (2) employees. ll. Warehousing, Storage orHandling of Bulk Goods. One (1) space per two (2) employees of the largest shift or one (1) space per each one thousand five hundred (1,500)two thousand (2,000) square feet of floor area, whichever is greater. Page 56 of 118 mm. Wholesale Business Establishments. One (1) space per each employee two (2) employees on the largest shift or one (1) space per twothousand (2,000) square feet offloor area whichever is greater. In addition, one (1) space per company motor vehicle on the premises. nn. All other commercial. Ten (10) spaces per one thousand (1,000)two thousand (2,000) square feet of floor area. oo. Space Reductions. Space reductions or increases may be approved administratively by the Zoning Administrator for minor changes to the site plan not requiring Design Standards or other zoning review. The City may reduce or increase the number of required off-street parking spaces subject to the review and processing of a conditional use permit as regulated by Section 401.03 of this Ordinance when the use can demonstrate in documented form a need which is less or more than required. In such situations, the City may require land to be reserved for parking development should use or needs change. Off Street Loading Requirements Section 401.15.F.12 and 13 - Off-Street Loading Purpose and Location. The Zoning Ordinance also contains detailed provisions regarding off street loading. Staff would recommend these provisions be eliminated in that they are excessive for what is actually needed. If a retailer or wholesaler requires loading berths, they will provide what is needed for their business. It is suggested that these provisions be eliminated. Design Guidelines/Zoning Ordinance Landscape Requirements The Design Guidelines provide some minimal standards for requiring landscaping within parking lots. It only addresses larger lots of over50 or more stalls. The language in the guidelines is not mandatory and is as follows: Parking area shall be screened with a combination of landscape materials, landform, and decorative fencing or walls sufficient to screen parking cars on a year round basis while providing adequate visibility for pedestrians. Initial parking lot landscaping shall be incorporated when possible. Within off-street parking facilities with 50 or more stalls, landscape islands, peninsulas, or rain gardens (biofiltration islands) shall be provided at the rate of 180 square feet per 125 surface stalls or fraction thereof. Landscape islands shall be irrigated unless alternative stormwater management techniques are employed. The landscape island guideline is a minimal standard that would not mitigate the heat island effect to any degree. The issue with many of the landscape islands installed in Oak Park Heights and throughout the Twin Cities area is that they are toosmall to adequately allow for heathy trees and other plantings. Page 57 of 118 Staff suggestthat the guidelines for landscaping within parking islands be moved out of the Design Guidelines and placed within the Zoning Ordinance where they canbe enforced. The new ordinance standards could be added in Section 401.15.F.12and be enhanced to address larger, more effective landscape islands that will support larger and healthier plantings. The following language is suggested: Section 401.15.F. 12. Parking Lot Landscaping. a. Parking areas sh all be screened with a combination of landscape materials, landform, and decorative fencing or walls sufficient to screen parking cars on a year round basis while providing adequate visibility for pedestrians. b. Within off-street parking facilities with fifty (50) twenty five (25) or more stalls, landscape islands, peninsulas, or rain gardens (biofiltration islands) where needed for storm water treatment, shall be provided at a minimum of nine hundred (900) three hundred sixty (360) square feet per fifty (50) twenty five (25) surface stalls or fraction thereof. c. Parking lot islands shall not be less than eight (8) six (6) feet by eight (8) six (6) feet in size and peninsulas must be a minimum of eight (8) six (6) feet wide. (The City Arborist, Lisa Danielson recommends an island width of at least eight feet to support larger tree size). d. Landscape islands shall be irrigated unless alternative stormwater management techniques are employed. All landscaping shall be maintained and kept in a healthy state subject to the review of the City Arborist. Landscaping not maintained shall be replaced with suitable plantings approved by the City Arborist. e. All parking lot landscape design and plantings shall be approved by the City Arborist as per Ordinance 1304 and Ordinance 1307 of the City Code, the Landscape Guidelines for Developers, and the Design Guidelines. f. Parking lot landscaping requirements of this section may be varied subject to the review and processing of a conditional use permit as regulated by Section 401.03 of this Ordinance. Page 58 of 118 The standardfor 900 square feet per 50surface stalls comes from reviewingcurrent parking lots in Oak Park Heights. For example, one row of 50 stalls of parking at Kohl’s has two end landscape islands that are approximately three feet wide and 40 feet long, for a total of 120 square feet. If the islands were eight feet wide, which would accommodate more significant trees, the islands would be 320 square feet each or 640 square feet total. If you add another island in the middle to break up the pavement, the island’s total would be 960 square feet. The 960 square foot total is rounded down to 900 square feet to accommodate the curve design of most islands. This standard would better address the heat island issue and make the parking lots more attractive. Staff have looked at smaller parking lots in the City to determine the impact of the landscape requirements. Note as attached air photos for the parking lots at Aldi, Stillwater Crossing, Pizza Ranch, and the area around Suds Car Wash. If the standard for parking lot landscaping is implemented as proposed, the area/number of stalls that would be removed is as follows: Parking Lot Number of Landscaped Total NumberCurrent Area StallsArea Required of Stalls in Islands Required to and Meet Peninsulas Requirement Aldi 83 1,494 sq ft 9 stalls 1,240 sq ft Stillwater Crossing 102 1,836 sq ft 11 stalls 0 sq ft Pizza Ranch 92 1,656 sq ft 10 stalls 280 sq ft Suds Car Wash Area 63 1,134 sq ft 7 stalls 2,280 sq ft Kohl’s (One Short 50 900 sq ft 5 stalls 440 sq ft Row) Kohls(One Long Row) 74 1,332 sq ft 8 stalls 640 sq ft Staff does not anticipate that this requirement would have an adverse impact on most lots, especially since the required number of spaces will be reduced in most cases. The reduction in the required number of spaces with less pavement, curbing, and longterm maintenance will be a significant cost savings for most lot owners offsettingthe initial cost of installation and maintenanceof the landscape areas. CONCLUSION/RECOMMENDATION The Planning Commission held a public hearing and recommended the changes to the parking and landscaping requirements. The City Council should consider the changes proposed within this memo, the Ordinance and the Resolution as attached. Page 59 of 118 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2023-401-04 AN ORDINANCE AMENDING CHAPTER 401, SECTION 401.15.F, ZONING ORDINANCE AS IT RELATES TO AMENDMENTS TO REDUCE THE IMPACTS OF URBAN HEAT ISLANDS THROUGH CHANGES IN PARKING AND LANDSCAPING REQUIREMENTS THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.15.F. Off Street Parking and Loading, is amended to read as follows: 401.15.F. Off-Street Parking and Loading. 1. Off-Street Parking Purpose. The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. 2. Application of Off-Street Parking Regulations. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the City. 3. Site Plan Drawing Necessary. All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimension indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this Section. All site plans for new single family homes must provide for the location of a two (2) stall garage in compliance with this Chapter. 4. General Provisions. a. Floor Area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structures or use times the number of floors, minus ten (10) percent, except as may hereinafter be provided or modified. b. Non-Conforming Structures. Should a non-conforming structure or use be damaged or destroyed by fire, it may be re-established if elsewhere permitted in these zoning regulations and in Minnesota Page 60 of 118 Statute, except that in doing so, any off-street parking or loading space which existed before shall be retained. c. Change of Use or Occupancy of Land. No change of use or occupancy of land already dedicated to a parking area, parking space, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements prescribed by these zoning regulations. d. Change of Use or Occupancy of Buildings. Any change of use or occupancy of any building or buildings, including additions thereto requiring more parking areas shall not be permitted until there is furnished such parking spaces as required by these zoning regulations. e. Residential Use Parking. 1) Except as provided below in Subsection 4.f.2 and except on a limited, temporary basis involving guests or work being performed on site, on and off-street parking facilities shall be utilized solely for the parking of licensed and operable passenger automobiles, vans, one (1) truck not to exceed gross capacity of twelve thousand (12,000) pounds; and recreational vehicles and equipment which are the property of the occupant, except as provided below in Subsection 4.f.2. Under no circumstances shallrequired facilities accessory to residential structures be used for the storage of non-qualifying commercial vehicles, commercial equipment, or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments. 2) For detached single family uses in residential zoning districts, the off-street parking of vehicles other than those stipulated in Subsection 4.f.1 above may be allowed as an interim use permit pursuant to Section 401.05 of these zoning regulations, provided that: a) The property fronts on an improved public street which is determined by the City Engineer to be capable of carrying the vehicles in question without undue damage. b) The type of vehicle to be parked does not create an unreasonable safety hazard to neighboring residents Page 61 of 118 or the public utilizing the street(s) servicing the property. c) The site upon which the vehicle is parked has adequate space to allow turning movements and parking which does not result in the backing of vehicles from or onto the public street. d) The parking of such vehicles does not adversely affect neighboring property owners as it relates to noise. e) The parking of such vehicles is screened from neighboring properties and the public right-of-way to the extent determined as necessary by the City Council in compliance with Section 401.15.E. of this Ordinance. f) The provisions of Section 401.05 of this Ordinance are considered and determined to be satisfied. f. Calculating Space. 1) When determining the number of off-street parking spaces results in a fraction, each fraction over .5 shall constitute another space. 2) In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one seat for the purpose of determining requirements. 3) Except as provided for under joint parking and shopping centers, should a structure contain two (2) or more types of use, the sum of each shall be calculated separately and shall be used for determining the total off-street parking spaces required. g. Stall, Aisle and Driveway Design. 1) Parking Space Size. Except for handicapped parking spaces, each parking space shall not be less than nine (9) feet wide and twenty (20) feet in length, eighteen (18) feet in Page 62 of 118 length adjacent to a curb, exclusive of access aisles, and each space shall be served adequately by access aisles. 2) Street Access. All off-street parking facilities shall be designed and constructed with appropriate means of vehicular access to a public street. Except in the case of a planned unit development, each lot shall have access directly onto an abutting, improved and City accepted public street. Exception to this access requirement may be allowed as a conditional use permit pursuant to Section 401.03 of this Ordinance. 3) Within Structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this Ordinance. 4) Lot Circulation. Except in the case of single, two-family, townhouse, quadraminium, and manor home dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley, unless allowed though a Conditional Use Permit. Except in the case of single, two-family, townhouse, quadraminium, and manor home dwellings, parking area design which requires backing into the public street is prohibited. 5) Intersection Separation. No curb cut access shall be located less than sixty (60) feet from the intersection of two (2) or more street rights-of-way. This distance shall be measured from the intersection of lot lines. 6) Parallel Parking. Parallel parking spaces shall be at least twenty-two (22) feet in length. 7) Curb Cut Size. No curb cut access shall exceed twenty-four (24) feet in width, or thirty-two (32) feet when accessing a State highway, except by approval of the City Engineer. 8) Side Yard Setback. Except with special approval from the Zoning Administrator, curb cut openings shall be a minimum of five (5) feet from the side yard property line in all districts. Page 63 of 118 9) Curb Cut Spacing. Driveway access curb openings on a public street except for single, two-family, quadraminium, manor home, and townhouse dwellings, shall not be located less than forty (40) feet from one another. 10) Grade. The grade elevation of any parking area or driveways shall not exceed ten (10) percent. 11) Number of Curb Cuts. Each property shall be allowed one (1) curb cut access for each one hundred twenty-five (125) feet of street frontage. All property shall be entitled to at least one curb cut. 12) Surfacing. All areas intended to be utilized for parking space and driveways shall be hard surfaced with materials suitable to control dust and drainage. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for review and the final drainage plan shall be subject to written approval. 13) Striping. Except for single, two-family townhouses, quadraminiums, all parking stalls shall be marked with white or yellow painted lines not less than four (4) inches wide. 14) Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way, and shall be in compliance with Section 401.15.B.7. of this Ordinance. 1 15) Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot or driveway. All signs shall be in conformance with Section 401.15.G of this Ordinance. 34 16) Curbing and Landscaping. Except for single and two-family dwellings, all open, off-street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than ten (10) feet to any lot lineor right of way line. Grass plantings and landscaping shall be provided in all areas bordering the parking area. 17) Required Screening. All open off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts and uses, and Page 64 of 118 the public right-of-way in compliance with Section 401.15.E. of this Ordinance. 18) Snow Storage. Adequate space for snow storage shall be provided on the site so as not to reduce the required minimum number of parking spaces. In those cases where excessive snow cannot be properly stored on site, it shall be immediately removed from the site. 19) Driveway Turn Around. In the case of single family, two- family, townhouse, quadraminium, and manor home dwellings, which front on streets designated as collector, minor arterial, intermediate arterial and principal arterial by the City's Comprehensive Plan, the installation of a vehicle turn-around space, immediately adjacent to the access driveway is allowed and may be required by the City Council. Said space is to be no larger than ten (10) feet wide and ten (10) feet in length. Where possible, said space shall be located away from the principal structure and shall be no closer than twenty (20) feet from the street surface. Said space shall not to be utilized for parking or storage purposes. 5. Maintenance. It shall be the joint and several responsibilities of the lessee and owner of the principal use, uses or buildings to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fencing and screening. 1 6. Location. All accessory off-street parking facilities as required by this Ordinance shall be located and restricted as follows: a. Required accessory off-street parking shall be on the same lot under the same ownership, easement and/or lease as the principal use being served, except under the provisions of Section 401.15.F.10. b. Except for single, two-family, townhouse, quadraminium, and manor home dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. c. The boulevard portion of the street right-of-way shall not be used for parking, except on a designated driveway. d. Setback Area - Required Accessory Off-street Parking. Required accessory off-street parking shall be provided for single family Page 65 of 118 dwellings within the R-1 and R-2 Districts and for quadraminium and townhouse dwellings within R-3 and R-B Districts, in a garage, car port, oron a defined driveway leading directly into a garage or car port, and shall be constructed of concrete, asphalt, cobblestone, or paving block. e. Setback Area - Accessory Off-Street Parking (General). Accessory off-street parking provided above and beyond the requirements of this Ordinance for single family uses within R-1 and R-2 Districts and quadraminium and townhouse dwellings within R-3 and R-B Districts shall be subject to the following: Accessory off-street parking shall be provided on a designated driveway leading directly into a garage and/or on one (1) designated parking pad contiguous to the driveway and located away from the principal use. Said accessory off-street parking area may be located within the front, side, or rear yard setback and must be constructed of concrete, asphalt, cobblestone, paving block or crushed rock that at a minimum meets Class Five (5) material specifications and has at least a four (4) inch deep base. Said parking pad must be set back at least five (5) feet from rear and side property lines. The exception to the provisions of this section is by conditional use permit as regulated by Section 401.03 of this Ordinance. f. Truck and Trailer Parking in Residential Areas. No more than one (1) truck and/or trailer not to exceed a gross capacity of twelve thousand (12,000) GVW shall be parked off-street in a residentially zoned district, except when loading, unloading or rendering a service. g. Violations may be enforced through tagging. h. Trailers, Recreational Vehicles, and Boat Parking in Residential Areas. Trailers, recreational vehicles or boats shall be allowed on a driveway or designated pad. All trailers, recreational vehicles and boats shall be parked at least five (5) feet from rear property lines. 7. Use of Required Area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, repair work, storage of inoperable vehicles. 8. Handicapped Parking Spaces. Except for single family, two-family, townhouse, quadraminium, and manor home dwellings, handicapped parking space shall be provided per the Americans with Disabilities Act (ADA), and shall be located so as to provide convenient, priority access to the principal use and shall conform to Minnesota Statutes, Section 168.021, as may be amended. Page 66 of 118 9. Number of Spaces Required. The following are the minimum/maximum required number of off-street parking spaces that shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. The City Council reserves the right to establish parking requirements for any use not specifically provided for hereafter, or after any requirement as necessary to meet the objectives of this Section. Factors to be considered in such a determination shall include (without limitation) size of buildings, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles. a. Auto Repair, Major Bus Terminal, Taxi Terminal, Bottling Company, Shop for a Trade Employing Six (6) or Less People, Garden Supply Store, Building Material Sales in Structure. Four (4) off-street parking spaces, plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1,000) square feet. b. Baseball Fields, Stadiums. One (1) parking space for each eight (8) seats of design capacity. c. Boat and Marine Sales and Service. One (1) space for each eight hundred (800) square feet of floor area for the first twenty-five thousand (25,000) square feet, plus one (1) space for each six hundred (600) square feet thereafter. d. Boating Marinas and Yacht Clubs. Four (4) spaces for each ten (10) boat or mooring spaces. e. Banks. One space per five hundred (500) square feet of floor area. f. Banks (Drive-in). One (1) space for each drive-in unit plus drive aisle stacking space of one hundred eighty (180) feet for each drive-in unit. g. Boarding and Lodging House. One (1) parking space for each four (4) people for whom accommodation is provided for sleeping. h. Bowling Alley. Three (3) parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure plus one space for every employee. i. Car Wash. (In addition to required magazining or stacking space). Page 67 of 118 1) Automobile Drive Through, Services. Five (5) spaces, or one (1) space for each employee onthe maximum shift, whichever is greater. 2) Self-Service. Two (2) spaces. 3) Motor Fuel Station Car Wash. Zero (0) in addition to that required for the station. j. Churches, Auditorium. One parking space for each six (6) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this Ordinance. k. Clinics. One (1)space per two hundred (200) square feet offloor area. l. Community Centers, Physical Culture Studios, Libraries, Private Clubs, Lodges, Art Galleries. Five (5) spaces plus one for each one hundred fifty (150) square feet in excess of two thousand (2,000) square feet of floor area in the principal structure. m. Elderly (Senior Citizen) Housing. One-half (1/2) space per unit. n. Funeral Home. Ten (10) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. Aisle space shall also be provided off the street for making up a funeral procession. o. Furniture and Appliance Stores. One (1) space per eight hundred (800)square feet of floor area. p. Golf course, Golf Clubhouse, Country Club, Swimming Club, Tennis Club, Public Swimming Pool. Ten (10) spaces plus one (1) space for each five hundred (500) square feet of floor area in the principal structure. q. Golf Driving Range, Miniature Golf, Archery Range. Five (5) off- street parking spaces plus one (1) for each five hundred (500) square feet offloor area. r. Hospitals.One space for each four (4) patient beds (excluding bassinets), plus one additional space for each doctor including visiting doctors, plus one space for each two (2) employees including nurses; loading and unloading space for hospital Page 68 of 118 ambulances and similar vehicles are not included in the spaces required. s. Manufacturing, Fabricating or Processing of a Product or Material. Four (4)spaces plus one (1) space for each two (2) employees on each shift based on maximum planned employment eight (8) spaces plus one (1) space for each five hundred (500) square feet of floor area. t. Motels, Motor Hotels, Hotels, Resorts. One (1) space per each rental unit plus one (1) additional space for each twenty (20)units and one (1) space for each employee shift. In addition, one (1) space per one hundred (100) square feet of meeting and/or banquet room. u. Motor Fuel Station. Four (4) off-street parking spaces plusone (1) off-street parking space for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable provisions of this Ordinance. v.Multiple Family Dwellings. One (1) free space per unit. w. Office Buildings, Animal Hospitals, Professional Offices, Medical and Dental Clinics. Three (3) spaces plus one space for each four hundred (400) square feet of floor area. x. Post Office. One space for each eight hundred (800) square feet of floor area plus one space for each employee. y. Public Parks, Playgrounds and Playfields. Three (3) parking spaces for each acre of park over one (1) acre; two (2) parking spaces per acre for playgrounds, and five (5) spaces for each acre of playfield. When a public recreation site has more than one (1) use designation, the areas must be divided for determining the required parking spaces. z. Research, experimental or testing station. One (1) space per each employee on the largest shift or one (1) space per one thousand (1,000) square feet of floor area, whichever is greater. aa. Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, Taverns, Nightclubs. One (1) space for each one hundred (100) square feet of gross floor area of dining and bar area and one (1) space for each one hundred twenty (120) square feet of kitchen area. Page 69 of 118 bb. Drive-in Restaurant and Fast Food Restaurant. One (1) parking space for each one hundred (100) square feet of gross floor area of service and dining area, but not less than ten (10) spaces. Two (2) additional parking spaces shall be added for drive-through services facilities and one (1) space for each one hundred twenty (120) squarefeet of kitchen/storage area. Additionally, one hundred eighty (180) feet of drive aisle stacking space shall be provided for drive-through facilities. cc. Retail Store and Service Establishment. One (1) off-street parking space for each four hundred (400) square feet offloor area. dd. Retail Sales and Service Business with Fifty (50) Percent or More of Gross Floor Area Devoted to Storage, Warehouse and/or Industry. Eight (8) spaces or one (1) space for each four hundred (400) square feet devoted to public sales or service plus one (1) space for each one thousand (1,000) square feet of storage area; or eight (8) spaces and one (1) space for each employee on the maximum shift, whichever is appropriate. ee. Sanitariums, Convalescent Home, Rest Home, Nursing Home or Day Nurseries. Four (4) spaces plus one (1) for each six (6) beds for which accommodations are offered and one space designated for emergency vehicles. ff. School, Elementary and Junior High. One (1) parking space for each classroom plus one additional space for each fifty (50) students. Auditorium or event space shall be subject to a separate, additional calculation. gg. School, High School through College and Private and Day or Church Schools. One (1) parking space for each seven (7) students based on design capacity plus one (1) for each three (3) classrooms. Auditorium or event space shall be subject to a separate, additional calculation. 1 hh. Single Family, Two-Family, andTownhouse Unit. Two (2) spaces per unit, both of which are in a covered garage structure. ii. Shopping Centers. Three (3) spaces per each one thousand (1,000) square feet of gross floor area. jj. Skating Rink, Dance Hall, or Public Auction Houses. Ten (10) off- street parking spaces, plus one (1) additional off-street parking Page 70 of 118 space for each four hundred (400)square feet of floor space over two thousand (2,000) square feet. kk. Theaters, Civic Centers, Auditoriums, Stadiums, Sports Arenas or Similar Uses. One space for each six (6) seats, plus one space for each two (2) employees. ll. Warehousing, Storage or Handling of Bulk Goods. One (1) space per two (2) employees of the largest shift or one (1) space per each two thousand (2,000) square feet of floor area, whichever is greater. mm. Wholesale Business Establishments. One (1) space per two (2) employeeson the largest shift or one (1) space per two thousand (2,000) square feet offloor area whichever is greater. In addition, one (1) space per company motor vehicle on the premises. nn. All other Commercial. Ten (10) spaces per two thousand (2,000) square feet of floor area. oo. Space Reductions. Space reductions or increases may be approved administratively by the Zoning Administrator for minor changes to the site plan not requiring Design Standards or other zoning review. The City may reduce or increase the number of required off-street parking spaces subject to the review and processing of a conditional use permit as regulated by Section 401.03 of this Ordinance when the use can demonstrate in documented form a need which is less or more than required. In such situations, the City may require land to be reserved for parking development should use or needs change. SECTION 2. Section401.15.12 and 401.15.13 Off Street Parking and Loading, shall be eliminated. Section 401.15.12, Parking Lot Landscaping shall be added as follows: Section 401.15.F. 12. Parking Lot Landscaping. a. Parking areas shall be screened with a combination of landscape materials, landform, and decorative fencing or walls while providing adequate visibility for pedestrians. b. Within off-street parking facilities with fifty (50) or more stalls, landscape islands, peninsulas, or rain gardens (biofiltration islands) where needed for storm water treatment, shall be provided at a Page 71 of 118 minimum of nine hundred (900) square feet per fifty (50) surface stalls or fraction thereof. c. Parking lot islands shall not be less than eight (8) feet by eight (8) feet in size and peninsulas must be a minimum of eight (8) feet wide. d. All landscaping shall be maintained and kept in a healthy state subject to the review of the City Arborist. Landscaping not maintained shall be replaced with suitable plantings approved by the City Arborist. e. All parking lot landscape design and plantings shall be approved by the City Arborist as per Ordinance 1304 and Ordinance 1307 of the City Code, the Landscape Guidelines for Developers, and the Design Guidelines. f. Parking lot landscaping requirements of this section may be varied subject to the review and processing of a conditional use permit as regulated by Section 401.03 of this Ordinance. SECTION 3. The Planning Commission of the City of Oak Park Heights held a public hearing at their March 9, 2023, April 13, 2023, and May 11, 2023, meetings, took comments from the public, and recommended that the City Council approve amendments to Chapter 401, Section 401.15.F, Zoning Ordinance, and amendments to the Design Guidelines as it relates to reducing the impact of urban heat island though changes in parking and landscaping requirements. SECTION 4. This Ordinance shall be in full force and effect upon its passage and publication. th PASSED this 27 day ofJune 2023 by the City Council of the City of Oak Park Heights. CITY OF OAK PARKHEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 72 of 118 RESOLUTION NO.__________ CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING THE DESIGN GUIDELINES TO BE CONSISTENT WITH CHAPTER 401, SECTION 401.15.F ZONING ORDINANCE RELATING TO URBAN HEAT ISLANDS AND AMENDMENTS TO PARKING AND LANDSCAPING REQUIREMENTS WHEREAS, the City Council of the City of Oak Park Heights has determined that amendments should be made to Section 401.15.F of the Zoning Ordinance as it relates to Urban Heat Islands through amendments to parking and landscaping requirements; and WHEREAS, the City Council requested the Planning Commission discuss the issue of Urban Heat Islands and provide recommendations on amendments to the Zoning Ordinance and Design Guidelines; and WHEREAS, the Planning Commission held a public hearing at their March 9, 2023 meeting that was continued to the April 13, 2023 meeting; and WHEREAS, the Planning Commission, at their May 11, 2023, meeting recommended amendments to Section 401.15.F of the Zoning Ordinance and an amendment to the Design Guidelines in the Parking Areas/Screening section; and WHEREAS, the amendment to Section 401.15.F of the Zoning Ordinance is found as Ordinance No. 2023-401-04 adopted by the City Council on June 27, 2023; and WHEREAS, amendments to the Design Guidelines, as specified in Section 401.16.B of the Zoning Ordinance are by resolution of the City Council; and WHEREAS the amendment to the Design Guidelineseliminates the following language in the Parking Areas/Screening section, Parking area shall be screened with a combination of landscape materials, landform, and decorative fencing or walls sufficient to screen parking cars on a year round basis while providing adequate visibility for pedestrians. Initial parking lot landscaping shall be incorporated when possible. Within off-street parking facilities with 50 or more stalls, landscape islands, peninsulas, or rain gardens (biofiltration islands) shall be provided at the rate of 180 square feet per 125 surface stalls or fraction thereof. Landscape islands shall be irrigated unless alternative stormwater management techniques are employed; and to be replaced by, See Section 401.15.F.12 of the Zoning Ordinance as it relates to parking lot landscaping. Page 73 of 118 NOW THERE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA, that the amendment to the Design Guidelines eliminates the following language in the Parking Areas/Screening section, Parking area shall be screened with a combination of landscape materials, landform, and decorative fencing or walls sufficient to screen parking cars on a year round basis while providing adequate visibility for pedestrians. Initial parking lot landscaping shall be incorporated when possible. Within off-street parking facilities with 50 or more stalls, landscape islands, peninsulas, or rain gardens (biofiltration islands) shall be provided at the rate of 180 square feet per 125 surface stalls or fraction thereof. Landscape islands shall be irrigated unless alternative stormwater management techniques are employed; and to be replaced by, See Section 401.15.F.12 of the Zoning Ordinance as it relates to parking lot landscaping. BE IT FURTHER RESOLVED that this resolution shall take effect upon approval and publication of Ordinance 2023-401-04. th Approved by the City Council of the City of Oak Park Heights this 27day of June 2023. _________________________________ Mary McComber, Mayor ATTEST: _________________________________ Eric A. Johnson, City Administrator Page 74 of 118 RESOLUTION 23-06-19 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE AMENDING CHAPTER 401, SECTION 401.15.F, ZONING ORDINANCE AS IT RELATES TO AMENDMENTS TO REDUCE THE IMPACTS OF URBAN HEAT ISLANDS THROUGH CHANGES IN PARKING AND LANDSCAPING REQUIREMENTS WHEREAS, the City of Oak Park Heights is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City has enacted Ordnance No. 2023-401-04 amending Chapter 401, Section 401.15.F, Zoning Ordinance as it relates to Amendments to Reduce the Impacts of Urban Heat Islands through Changes in Parking and Landscaping Requirements; and WHEREAS, the new ordinance is lengthy and the Council finds that publication of the title and a summary of the ordinance will clearly inform the public of the intent and effect of this ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights hereby approves the following summary of Ordinance 2023-401-04 for purposes of legal publication in the City’s official newspaper: NOTICE IS GIVEN that on June 27, 2023, the Oak Park Heights City Council adopted Ordinance No. 2023-401-04 entitled “AN ORDINANCE AMENDING CHAPTER 401, SECTION 401.15.F, ZONING ORDINANCE AS IT RELATES TO AMENDMENTS TO REDUCE THE IMPACTS OF URBAN HEAT ISLANDS THROUGH CHANGES IN PARKING AND LANDSCAPING REQUIREMENTS” NOTICE IS FURTHER GIVEN that said ordinance is summarized as follows: Section 401.15.F is amended to remove provision that existing off-street parking places or lots shall not be reduced, reduce parking space size requirements, remove lot design parking lot dimension table, change handicapped parking spaces requirement to follow ADA rules, reduce number of parking spaces required, and add parking lot landscaping provisions. The foregoing summary is provided per statutes in lieu of publishing the entire ordinance. The full ordinance is available for inspection at the City Hall upon request, and can be provided via mail or email upon written request. th Passed by the City Council of Oak Park Heights this 27 day of June, 2023. ________________________ Mary McComber, Mayor ATTEST: ______________________________ Johnson, City Administrator Eric A. Page 75 of 118 THIS PAGE INTENTIONALLY LEFT BLANK Page 76 of 118 Oak Park Heights Request for Council Action th Meeting Date June 27, 2023 Time Required: 3 Minutes _____________________ Agenda Item Title: 2024 Bonding Session – MMB DATA – RESOLUTION OF SUPPORT Agenda Placement Old Business Originating Department/Requestor: Eric Johnson, City Administrator Requester’s Signature: _____________________________ Action Requested Discussion, Possible Action The City has submitted its data for the 2024 Bonding Request totaling $16+ Million. The State on-line submission system offers that the City Council may supply a RESOLUTION supporting the application. This was supplied in the 2021-2022 cycle. A draft resolution is enclosed and mirrors the estimated amounts. Page 77 of 118 RESOLUTION __________ A RESOLUTION OUTLINING CITY COUNCIL SUPPORT FOR AN APPLICATION TO THE STATE OF MINNESOTA CAPITAL BUDGET FOR 2024 Whereas the State of Minnesota has established targets and policies towards the reduction of the use of coal-fired power plants including the Allen S. King Plant located in Oak Park Heights, Minnesota; and, Whereas, Xcel Energy additionally has corporate targets to be carbon-free by 2050; and Whereas the City of Oak Park Heights, (the City), is a small community with a population of less than 5,000 residents and has been a long-term host to the Allen S. King Plant since the 1960s benefitting the region with affordable and reliable power; and, Whereas the anticipated closure of the Plant should not result in the creation of burdens on the businesses and residents of the City to address costs associated with clean-up, remediation, or redevelopment of the Site - which is 170 acres along the St. Croix River – a Federally Designated and Protected – Wild and Scenic River; and, Whereas with closure of the Plant, the City will lose approximately 35 percent of its property tax base and would not have funding sources available to complete this Project independently. NOW THEREFORE BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the City does hereby request the State of Minnesota to fund $16,082,256 in the 2024 Bonding Bill the costs associated with Redevelopment of the Plant site – generally being the extension of utility infrastructure (water, well, sewer, storm roads and trails to the Site which is critical towards any redevelopment as only limited facilities exist. BE IT FURTHER RESOLVED that the City will endeavor to seek other funding sources and commit its own available resources towards this Project but it acknowledges that large percentages of such costs are likely well beyond the scope of a small community that is losing 35 percent of its property tax base. BE IT FURTHER RESOLVED that City Staff are enabled to complete any reasonably necessary studies, documents or submissions to the State of Minnesota that fosters the Project or commitments set-forth above. nd Passed by the City Council for the City of Oak Park Heights this 27 day of June, 202 __________________________________ Signed: Mayor Mary McComber ________________________ Attest: Eric Johnson, City Administrator Page 78 of 118 Oak Park Heights Request for Council Action Meeting Date June 27th, 2023 Time Required: 10 Minutes _____________________ Agenda Item Title:Council Policies – Lobbying and Letterhead/ Representative Actions Agenda Placement Old Business Originating Department/Requestor: Eric Johnson, City Administrator Requester’s Signature: _____ Action Requested Discussion, Possible Action th At a Worksession held May 5, 2023 the City Council provided direct input into final language proposed for the policies on Lobbying and use of City Letterhead/Representative Actions. Hopefully we captured the spirit of what was discussed and to make it fit with how City business generally flows. Both documents are enclosed Page 79 of 118 UPDATED - CITY OF OAK PARK HEIGHTS POLICY ON USE OF CITY LETTERHEAD AND REPRESENTATIVE ACTIONS BY CITY OFFICIALS Purpose: To clarify protocols necessary to convey a succinct purpose and actions on the part of the City Council as a collective deliberative body, the following policies shall be implemented to ensure that communications to outside entities by public officials are wholly consistent with City Council actions and positions, yet provide some reasonable latitude to express personal positions. A. Use of Letterhead 1. An elected official may use the City’s name, letterhead, logo, or seal in written correspondence when: a. It is to be directed as representing the City of Oak Park Heights or the body as a whole and only following a formal council action directing same. b. On behalf of the City to respond to official inquiries only with the prior consent of Council. c. It provides routine correspondence considered largely ceremonial, community based or philanthropic within established City Council actions and protocols. d. An elected official shall not utilize the City’s name, letterhead, logo, or seal for the purpose of endorsing any political candidate, business, commercial product, or service. 2. An elected official may use the City’s logo, name, seal, or letterhead with the addition of a clear modification stating “From the Office of …” under the following parameters a. In response to constituent inquiry and presenting the member’s individual stance on a City-related issue. b. For ceremonial, community-based or philanthropic communications not established through City Council action or protocol. c. To write personal congratulatory letters, personal letters of recommendation or references. d. Presenting their individual opinions and positions in their official capacity but when doing so shall explicitly preface their comments (written or oral) by stating that they do not represent the position of the City of Oak Park Heights as a whole nor give the inference that they do. It is further required that any use of Page 80 of 118 City Letterhead for such correspondence be further modified to state in its heading “From the Office of…”; A copy of any such correspondence shall be provided to each Councilmember through the office of the City Administrator. Any such letter shall be shared with the rest of the CIty Council as soon as reasonably possible. e. At no point may such letterhead be used for purposes of political endorsement, business, or commercial product. B. City Council - Representations to Boards, Commissions, and Committees Elected officials may be appointed by the City Council to represent the City at various boards, commission, or committees and will do so to the best of their abilities when designated as delegates for this purpose. At such meetings or events, the appointed person(s) must represent the City official positions and/or policies. When presenting their individual opinions and positions, officials shall explicitly preface their comments by stating that they do not represent the position of the City of Oak Park Heights, nor give the inference that they do. Page 81 of 118 CITY OF OAK PARK HEIGHTS POLICY ON CITY LOBBYING ACTIVITIES Purpose: Lobbying is a critical tool cities use to secure funding or favorable polices from County, State or Federal Agencies. To achieve desired outcomes, the City does often hire professional lobbyists who can effectively coordinated such activities. Moreover, the City does regularly coordinate its preferred agenda with other entities, but to ensure City priorities remain paramount, the City Council does adopt these Policies. A. Lobbying Efforts - City Legislative Agenda Each year, the City may outline a legislative agenda or legislative goals and to advance these, hired staff may be appointed by the Council to “lobby” legislative bodies during an individual legislative session or calendar year on a particular issue. Lobbyists are hired consultants similar to the City Attorney, Engineer and Planning Consultant. Having direct interface between local and state/federal officials – such as testifying at hearings can be an integral element of any lobbying effort. Therefore the City Council may also appoint a City Council member(s) to directly assist in any official lobbying effort for the City. Such appointment is limited in scope to that of a spokesperson fully representing the City’s position before legislative officials and/or committees however it is not elevated as the City’s lead point of contact with lobbyists or other elected officials. NOTE: For the purposes of this Policy, lobbying is defined as directly representing the City to a legislative body, this includes making statements in front of the County Board, State Legislature, and federal officials and which is expected to fully represent the City’s position(s). B. Lobbying for Items Outside of Legislative Agenda Independent of the City Council’s expected legislative goals, if there is a topic an elected official seeks to lobby for and that would seek to enjoin the City’s support, the official must provide the Council in advance of the lobbying effort the following: a. Information on when, where, who, and how the individual will be lobbying; b. The City’s interest or possible conflicts in the lobbying effort; and c. The statement to be made or a summary of statements to affirm the City Council is in concurrence with planned policy/lobbying comments. C. Lobbying with Partner Agencies or Groups Entities where the City is a dues paying member such as the Coalition of Utility Cities, Middle St. Croix Watershed Organization, METRO CITIES, League of Minnesota Cities, etc. do also engage in lobbying efforts (before the State or Federal Governments) relative to the expressed interests of such organization. Page 82 of 118 Such entities may also request City Elected Officials or even City Staff to take-up that duty for an event such as at a Legislative Hearing. If that duty is necessary Elected Officials or City Staff may perform such act without further Council approval. Considering this, it however remains the duty of any Elected Official or City Staff member to update the Council and Staff on a regular basis as to these efforts should they occur and to also ensure there is not a conflict between City positions or City legislative goals and the Partner Agency’s goals. In the event there is an expected conflict or possible confusion, the City officials shall refrain from any direct lobbying for the Partner Agency until further guidance from the Council is provided. D.Sharing of Lobbying Duties So as to ensure there is a reasonable dissemination of any such responsibilities, no elected official should represent more than one lobbying effort (including City specific goals) in a given legislative year / cycle unless expressly approved by the City Council. This Section is related to sustained lobbing efforts, not one-off efforts as outlined in Section C with Partner Agencies. E.Council Permission If a City Elected official is not specifically appointed to represent the City on a matter, or is not speaking in support of a Partner Agency consistent with Section C, the Elected Official must make clear that they are not representing the City. Page 83 of 118 THIS PAGE INTENTIONALLY LEFT BLANK Page 84 of 118 Oak Park Heights Request for Council Action Meeting Date June 27th, 2023 Time Required: 10 Minutes _____________________ Agenda Item Title:BEE KEEPING APAIRES – 602 Ordinance Update Agenda Placement Old Business Originating Department/Requestor: Eric Johnson, City Administrator Requester’s Signature: _____ Action Requested Discussion, Possible Action rd On May 23, 2023 the City Council held a PUBLIC HEARING related to the keeping of bees (Apiaries) and took public input about the concept. th Council directed staff to prepare a draft ordinance for review on June 27, 2023that generally enables the limited keeping of bees generally consistent with a permitting process withchickens / ducks as outlined in City Ordinance 602. This draft is enclosed which generally limits most homes to 2 COLONIES but never more than 4 for larger lots. https://beeprofessor.com/langstroth-hive-dimensions/ Page 85 of 118 602 AN ORDINANCE REGULATING THE KEEPING OF LIVESTOCK OR FARM ANIMALS AND PROVIDING FOR THE REQUIREMENT OF A SPECIAL OR CONDITIONAL USE PERMIT. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 602.01 Definitions. For the purpose of this Chapter, certain words and phrases are defined as follows: A. "Livestock or farm animals" are any and all cattle, sheep, swine, horses, mules and goats, turkeys, chickens, bees or ducks. B. "Domestic House Pet Animals" are those customary and usual house pets such as dogs, cats, et cetera, which are maintained on the premises being sheltered within the primary residential structure located thereon and being kept by the owner or person in occupation thereof for personal or family purposes. C. “Chicken” or “Chickens” as used herein shall not include Roosters. D. “Flightless” means that the species it is used in context with cannot fly over a height of 5 feet and/or sustain flight for more than 5 linear feet. E.“Bees” are defined atall life stages and castes of the common domestic honey bee, apis mellifera species. 602.02 General Provisions. A. Except as otherwise provided for in this Ordinance or other City regulations, all domestic house pet animals shall be allowed as permitted uses in any zoning district. B. Farm animals or livestock, except chickens, shall be prohibited in all districts except for the O-Open Space Conservation District where the keeping of farm animals or livestock may be allowed by conditional use permit. Prior to being granted a conditional use permit, any applicant seeking to maintain livestock or farm animals upon his property shall demonstrate conditions of this Ordinance. C. Chickens or ducks may only be kept on single family or two-family residential units; subject to the provisions of 602.11. Page 86 of 118 602.03 Pollution Control Agency Standard Minimum Requirements. A. All regulations imposed by the Minnesota Pollution Control Agency (MPCA) relating to the keeping of livestock or domestic farm animals shall be adhered to, and such regulations shall be considered the minimum safeguard necessary to prevent pollution of public waters or creation of a health hazard. B. New livestock feedlots, poultry lots, and other animal lots are prohibited within the following areas: 1. All districts within the City except for the O-Open Space Conservation District. 2. Within one thousand (1,000) feet of the normal high water mark of any lake, pond or flowage; or within three hundred (300) feet of a river or stream. 3. Within a flood way. 4. Within one thousand (1000) feet to the boundary of a public park. 5. Within one-half (½) mile to the nearest point to a concentration of ten (10) or more private non-farm residences. 602.04 Permit Required. No feedlot or manure storage site shall be maintained unless a permit therefore has been first issued by the Minnesota Pollution Control Agency and by the City Council as provided herein. The application for permit by the owner or other person responsible for a feedlot or manure storage site shall be accompanied by plans showing the features and method of operation and construction and existing or proposed safeguards or disposal systems. The governing body may thereafter issue a permit therefore upon such conditions as it shall prescribe to prevent pollution of any public water or creation of a health hazard. 602.05 Storage of Manure or Livestock Waste. No manure or livestock waste shall be deposited, stored, or kept or allowed to remain in or upon any storage site or feedlot without reasonable safeguards adequate to prevent the escape or movement of such manure or waste or a solution thereof from the site which may result in pollution of any public waters or any health hazards. 602.06 Inadequate Safeguards. In case the City Council of the City of Oak Park Heights shall find that any manure is stored or kept on any feedlot or storage site without a safeguard, or that any existing safeguard is inadequate, it may order the owner or other responsible person to immediately remove the manure from the feedlot or storage site and refrain from Page 87 of 118 further storage or keeping of any manure thereat, unless and until an adequate safeguard is provided as herein prescribed. 602.07 Notice Concerning Loss. It shall be the duty of the owner of a feedlot or manure storage site or other responsible person in charge thereof to notify immediately the City Clerk of any loss of stored manure, either by accident or otherwise, when such loss involves a substantial amount which would be likely to enter any waters of the State. Such notice shall be by telephone or other comparable means and shall be made without delay after discovery of the loss. The notification shall include the location and nature of the loss and such other appurtenant information as may be available at the time. 602.08 Hazards and Nuisances. On parcels less than forty (40) acres, which are not part of a larger crop producing commercial agricultural farm, keeping of horses, cattle, livestock, or other domestic farm animals on a site with less than two (2) acres of existing grazable land per animal is hereby declared to be a nuisance. No domestic farm animals shall be placed on any site of less than five (5) acres.Keeping of bees or operating an apiary is prohibited withinthe City limits. 602.09 Grazable Acres. Grazable acreage shall be defined as open, non-treed acreage currently providing enough pasture or agricultural crops capable of supporting summer grazing at a density of one animal unit or its equivalent per two (2) acres. For purposes of these regulations, the following animal equivalents apply: Animal Units 1 Slaughter Steer or Heifer 1 1 Horse 1 1 Mature Dairy Cow 1.4 1 Swine over 55 pounds .4 1 Sheep and Goats .5 1 Turkey .1 1 Chicken See 602.11 Page 88 of 118 1 Duck See 602.11 602.10 The Keeping of Domestic Farm Animals in Greater Density than Allowed by this Ordinance Shall be Prohibited. Variance from the above provisions may be applied for, however, the applicant must demonstrate that facilities are present and appropriate practices are being employed to preclude surface or ground water contamination, excessive manure accumulation, odor, noise, or other nuisances. The applicant must have a Minnesota Pollution Control Agency feedlot permit for the proposed use. 602.11 Keeping of Chickens, or Ducksand Bees (Apiary). The keeping of chickens, or ducks or bees on any site shall require an annual permit. The duration of the permit is January 1—December 31 of each year. Only properties zoned R1, R2 and PUD-Residential may be eligible to secure a permit for any such uses further subject to the following: 1. The annual fee for such permit shall be $5.00 for up to four chickens or ducks or bees which must be paid at the time of application. The city zoning administrator may grant a permit pursuant to this section and the following conditions: a. The applicant shall make written application on such form as provide by the City and agree to adhere to all conditions under which the permit was granted (failure to adhere will result in refusal/revocation). b. The applicant adheres to a minimum of one inspection of the premises on an annual basis, failure to adhere will result in refusal/revocation. c. c. The City's zoning administrator or animal control officer may refuse or revoke any permit at any time for unsanitary or unfit conditions. d. e. f.2. 1. Additional Further Requirements Related to Chickens and Ducks: No roosters, drakes or male of either animal may be kept within the City limits at any time or for any reason. a. Page 89 of 118 b. Only “flightless” duck species be permissible in the City. Clipping of wings is not a permissible alternative of a flight (flightless) capable duck. shallbe permissible in the City. Clipping of wings is not a permissible alternative of a flight (flightless) capable duck. g.c. At no time shall there be more than any combination of four chickens or ducks kept on any single or two-family property (no chickens or ducks are allowed on any property that contains three or more dwelling units). h.d. The conditions under which the chickens or ducks will be kept and cared for may constitute a nuisance or health/safety concern if found to be in disrepair, unsanitary and/or unsafe. i.e. The chickens or ducks will at no time be contained within a dwelling unit. j. The applicant must demonstrate that suitable facilities are present and appropriate practices are being employed to preclude surface or ground water contamination, excessive fecal accumulation, odor, noise or other nuisances. f. k. Chickens and ducks must be provided a secure, well ventilated, roofed structure capable of providing reasonable shelter during all seasons. No coop, shelter structure or any form of pen or wading pool, may be closer than 20’ to any property line and may only be kept in the rear yard. Ducks must be supplied a wading pool suitable for duck wading, safe humane access and must be not less than twenty (20) square feet per duck. Such water source must be regularly cleaned, not stagnant and not harbor mosquito or other insect infestation. g. h. No person may allow chickens or ducks to range freely without fencing or a mobile pen. l. Page 90 of 118 m.Chickens or ducks must be kept in the roofed structure (coop) with an attached pen, or a detached mobile pen suitable for proper and humane occupation by such animal whenever they are unattended by the keeper; but when attended by the keeper, the chicken and ducks are allowed in a completely fenced exercise yard.; n.TheThe coops attached pen must be securely constructed with at least a mesh type material and shall have protective overhead netting. o. The coops attached pen must be well drained so there is no p. accumulation of moisture. The floor area of the roofed structure or a combination of the floor area and attached pen area must equal at least ten square feet of area per chicken or duck i. q. No person may slaughter chickens or ducks within the City limits. j. k. No person may sell chickens or ducks within the City limits. 3. Additional Requirements Related to Bees: r. a. No person is permitted to keep more than the following numbers of colonies / bees on any lot within the City, based upon the size or configuration of the apiary lot: One half acre or smaller lot: 2 colonies; Larger than 1/2 acre lot: 4 colonies maximum. One colony is defined as one standard “Langstroth-type hive” or similar,including any related appurtenances and in total may not exceed 20’’Wide x 24’’Long and 36” High. b. Colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. c. Owner shall ensure that a convenient source of water is available to the colony. d. Owner shall ensure that no wax comb, syrup for feeding honey bees, or other material that might encourage robbing by other bees are left Page 91 of 118 upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container. e. Each Owner shall maintain their beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by other swarms. f.At the time of application, the Owner shall demonstrate they have had a complete course on beekeeping including but not limited to disease and mite management and swarm control. g.If the applicant is not the owner of the property, the owner must co-sign the application. s. The city's zoning administrator or animal control officer may refuse or revoke any permit at any time for unsanitary or unfit conditions. 602.12 Enforcement. The provisions of Section 101.05 of the Code of Ordinances for the City of Oak Park Heights are hereby incorporated by reference. Each day during which compliance with this Ordinance is not achieved by an individual, owner, or person responsible for such livestock domestic farm animals or feedlot operation shall constitute a separate offense. Amended by the City Council on March 11, 2014 pertaining to Chickens. Amended by the City Council on March 13, 2018 pertaining to Ducks. Page 92 of 118 City of Oak Park Heights 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Phone (651) 439-4439 Fax (651) 439-0574 5/18/23 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Apiary / Bee Keeping BACKGROUND: th The Council is aware that a resident Mr. Mike Houde who resides at 14529 Upper 55approached the City Council in February indicating if there is a possibility to consider the allowance of the keeping of bees in the City. The City’s current rules 602.08 prohibit that as outlined in City Ordinance. The City Council did discuss the matter in its Annual Goal Setting discussion and indicated a desire to hold a public hearing on the matter and was ultimately set for May 23, 2023. The City Staff did send out a PUBIC HEARING NOTICE – Copy enclosed. SPECIFIC HISTORY: I do recall that concerns for this 10 years ago+/- was that there was a dispute between a neighbor who cited that their child was allergic to bees and sought some prohibition prior to any establishment of such un the City – perhaps beyond the one known the neighborhood. Since that time, it appears that – like the keeping of chickens – perhaps due to COVID – there is some desire for a “cottage” industry of these things. Many cities now allowchickens – including OPH that did not 10 years ago. Perhaps Apiaries are the same? Mr. Houde has supplied a letter and several examples of communities in the metro area that allow some limited bee keeping. In comparing these – including Stillwater’s – they substantivelyfollow the MODEL ORDINACE as offered from the Minnesota Hobby Bee Keepers Association MN Hobby Beekeepers (mnbeekeepers.com) – this website offers significant MN based data on the issue. https://mnbeekeepers.com/wp-content/uploads/MHBA-Model-Ordinance-2018.pdf Page 93 of 118 OTHER IMPACTS? Residential Use / Commercial Use. If the City assumes that such uses would be compact, non- commercial in scale and similar to other communities – and would essentially be a one-hive operation – is not likely to result in a COMMERICAL operation of otherwise residential properties While anecdotally, I have not personally heard of issues with this type of land –use as being wholly incompatible with a residential nature in a low density setting. The City can require permitting and limitations similar to chickens and is what other communities utilize. IMAGE Is what ONE COLONY looks like and approximate size. Can hold 10,000 bees. Risk of Bee Stings / Allergies. I am not sure the City can foster a clear discussion of who or what party is correct in this analysis. I have enclosed two perspectives – one from the Allergy Advocacy Association and its related data from the CDC. Also, data from various Bee Keeping associations that offer the “chances of death by Bees – from National Safety Council” City Liability. There has not been a particular report that would indicate that a city would incur specific liability if it uses its zoning code to allow such use. The question I suppose is such a limited use reasonably compatible for a particular zone? Staff have surveyed other communities that allow a limited use for a small apiary – that there have been no know issues – See enclosed MEMO. Model Ordinance. Ultimately, if the Council did desire to allow a limited use, a model ordinance – similar to what is adopted in several metro-communities is enclosed. This could be tailored to include a prior public hearing, or require access to an adjacent large open area or third party inspections. ENCLOSURES: PUBLIC HEARING NOTICE Staff memo on other Communities – dated 5-17-23. MODEL Ordinance. RISK DATA – Incidences Page 94 of 118 NOTICE OF PUBLIC HEARING Tuesday, May 23, 2023 6:00 p.m. City Council Chambers 14168 Oak Park Blvd Oak Park Heights, MN 55082 TOPIC: Residential Honey Bee Keeping – Apiaries The City Council has received a request from a City resident to review and discuss the current prohibition on the keeping of honey-bees (apiaries) in the City. The current ordinance states: 602.08 Hazards and Nuisances. On parcels less than forty (40) acres, which are not part of a larger crop producing commercial agricultural farm, keeping of horses, cattle, livestock, or other domestic farm animals on a site with less than two (2) acres of existing grazable land per animal is hereby declared to be a nuisance. No domestic farm animals shall be placed on any site of less than five (5) acres. Keeping of bees or operating an apiary is prohibited within the City limits. While there is data available from various Minnesota –Based Bee Keeping organizations and from other metro citiesabout this experience, the City Council would like to hear from City residents and the public about the concept before it considers any particular action or any possible amendments to the City rules that may allow such limited practice or with specific conditions. rd Therefore – at 6 pm on Tuesday, May 23, 2023 the City Council will be hosting a public hearing on the topic / matter.The meeting will be held at the Oak Park Heights City Hall – located at 14168 Oak Park Blvd. A short brief will be presented by City Staff that: 1.Outlines the City’s current rules. 2.Nature of the request to Amend such rules. 3.Some Background about Residential Bee Keeping& Model Ordinances used by cities. Thereafter, the City Council would offer an opportunity for anyone who would like to offer comment on thispossibility. If you are unable to attend this meeting, written comments maybe sent to the City Clerk – Jenni Pinski at rd jpinski@cityofoakparkheights.com but please submit prior to May 23, 2023. ______________________________ City Administrator POSTED: 4/6/23 PUBLISH: 4/21/23 Page 95 of 118 Page 96 of 118 Memo To:Eric Johnson From:Jennifer Pinski Date:May 17, 2023 Re: Bees and Beekeeping th As part of the request by City resident Mr. Mike Houde, 14529 Upper 55 Street North, for the City Council to consider amending City Ordinances to allow the keeping of bees in the City, he provided staff with examples of communities in the metro area that allow some limitedbee keeping: Shorewood, Lake Elmo, Maplewood, and White Bear Lake. Staff reached out to the clerks for each of those communities to request feedback on experiences with bees and beekeeping. All four communities responded that they have not had any negative experiences or complaints. From Shorewood: We have not yet had problems with beekeeping. I can send you the handout we give to the urban farmers and also a section from the code book. From Lake Elmo: We have issued about a dozen bee keeping permits since the licensing process was first developed in 2014. We have only had one complaint, and that was from a neighbor of the bee keeper who called constantly to complain during construction of the neighboring home. I think the bee complaints were just a continuation of her campaign against the neighbor and not really about the bees. The complainer eventually moved and we have had no issues since. From Maplewood: We have not received any complaints regarding residential or commercial properties that keep bees. Our ordinance does not require a permit for the keeping of bees so we don’t know who has them. The only way we would know is through a complaint or questions on the ordinance. In summary, good experience so far. From White Bear Lake: We haven’t issued many permits since we adopted the ordinance in 2013 – my records indicate seven permits. Overall, the city hasn’t had any negative experiences with the property owners who keep bees on their land and they’ve generally submitted all the documentation we need with little push back. We require all property owners within 100 feet of the subject property to sign an agreement and we have only had a few instances where neighbors have been hesitant to sign. Those apprehensive neighbors have signed with the condition that they can rescind their approval if any issues arise, and to date, none of them have. In my experience, the permitting hasn’t added to staff’s workload and there haven’t been any code enforcement concerns raised by surrounding residents. Page 97 of 118 The Public Hearing notice was posted, published in the Stillwater Gazette, and mailed to surrounding residents. The City has received one written comment: I am writing in support of Michael Houde and his quest to be allowed to keep bees in Oak Park Heights. We are a direct neighbor and will be out of town so we are unable to attend the meeting. Please take this email as a show of our support of the amendment to allow bee keeping in OPH. Thank you Donavon and Traci Bump Page 98 of 118 Page 99 of 118 Page 100 of 118 Page 101 of 118 !!Nbz!2:-!3129! ! ! NPEFM!CFFLFFQJOH!PSEJOBODF! ! qsfqbsfe!cz!uif! Njooftpub!Ipccz!Cfflffqfst!Bttpdjbujpo! ! 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Page 106 of 118 Page 107 of 118 Page 108 of 118 Page 109 of 118 Page 110 of 118 Page 111 of 118 Page 112 of 118 Page 113 of 118 Page 114 of 118 Page 115 of 118 THIS PAGE INTENTIONALLY LEFT BLANK Page 116 of 118 Oak Park Heights Request for Council Action Meeting Date June 27th, 2023 Time Required: 5 Minutes _____________________ nd Agenda Item Title:Patrol Officer – 2 Round of Interviews Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester’s Signature: _____ Action Requested Discussion, Possible Action The Chief and Police Staff have conducted a number of interviews over the past few weeks related to the City’s vacant Patrol Officer position. There have been some good candidates and some may be ready for a second round of interviews. We are not exactly sure of what that date may be but it is hoped to happen promptly in the coming weeks. Therefore, we would inquire of Council if one or two Council Members are able to participate in this second round, but that such specific schedule is not immediately known. Page 117 of 118 THIS PAGE INTENTIONALLY LEFT BLANK Page 118 of 118