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
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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.
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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.
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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 ->
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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.
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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)
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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-
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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Passed by the City Council of Oak Park Heights this 27 day of June, 2023.
________________________
Mary McComber, Mayor
ATTEST:
______________________________
Johnson, City Administrator
Eric A.
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Page 76 of 118
Oak Park Heights
Request for Council Action
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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.
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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
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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.
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