HomeMy WebLinkAbout#03 - ISD 834 Bus Terminal CUP Amendment STAFF REPORT
DATE: 4/13/2020
PUBLIC HEARING
TO: Planning Commission
FROM: Ken Roberts, Planning Director; Ben Prchal, Planner
AGENDA ITEM: Stillwater Area Public Schools - Conditional Use Permit Amendment (11530
Hudson Boulevard)
REVIEWED BY: Kristina Handt, City Administrator
Jared Shepherd, Hoff Barry, P.A.
BACKGROUND:
In October 2018, Stillwater Area Public Schools (“School District”) purchased the property at 11530
Hudson Boulevard in Lake Elmo for use as a school bus terminal from the developer, EN Properties, LLC.
The site was expanded from 5 acres to 11 acres to accommodate the School District’s buses and employees.
The site is one parcel in a larger development known as Four Corners. The School District applied for and
the City approved rezoning the property to Business Park. (Ex. 2) On July 17, 2018, City approved a
Conditional Use Permit (CUP) by Resolution 2018-077 to allow the Stillwater School District to operate a
“School District Transportation Center,” a school bus terminal from the property at 11530 Hudson
Boulevard under certain conditions. (Id.) Those conditions included the following:
2) No construction or use of the bus terminal (unless in accordance with the Interim Use Permit
approved by the City by Resolution 2014-095) may commence until all items as outlined in the
City Engineer review memo regarding the Four Corners Preliminary & Final Plat (Stillwater
Transportation Center) dated May 30, 2018 and all other subsequent construction plans memos
regarding the Stillwater Transportation Center have been addressed; the Four Corners 1st Addition
Final Plat has been recorded.
3) The applicant must obtain all necessary City, State, and other governing body permits prior to
the commencement of the construction activity on the parcel including but not limited to an
approved stormwater management plan, utility plans, grading plan, street construction plans (if
required) parking lot permit, building permits, etc.
…
9) The property shall be connected to sewer and water prior to operation of the bus terminal.
(Ex. 2)
To date, the Property remains unconnected to sewer and water.
In Fall 2019, the School District began utilizing the property as its bus terminal. (Exs. 9, 10, 11) (There
was an earlier Interim Use Permit which applied to the property. However, that terminated by its terms
upon the rezoning of the property in July 2018 and no longer has any application. (Ex. 25)
In November 2019, the District applied for an amendment to their CUP to extend the date by which the
facility had to be connected to water and sewer until December 31, 2020. (Ex. 10) After a series of
Page 2
meetings, on January 21, 2020, the City Council voted to deny the requested CUP amendment and
directed staff to begin the revocation process for the CUP. (Ex. 12)
The School District continues to use the Property as a bus terminal. On March 12, 2020, the School
District made the present application for an Amendment to their Conditional Use Permit. (Ex. 1) The
City Council will consider the CUP amendment application at its meeting on May 5, 2020.
The City Council will also hold a public hearing on the potential revocation of the current CUP for this
property at its meeting on April 21, 2020.
ISSUE BEFORE THEPLANNING COMMISSION:
The School District is requesting an amendment to the CUP to amend Condition #9 of the CUP from “the
property shall be connected to City Sewer and Water prior to operation of the bus terminal” to “The
School District may operate its bus terminal at the property using its existing well and a new septic
system as approved by Washington County, which shall be installed by August 30, 2020. The well and
septic system may be used until the public services are installed and the connections are made to the
property.”
The Planning Commission is being asked to hold a public hearing and make a recommendation to the City
Council on this requested amendment to the CUP for the property at 11530 Hudson Boulevard.
PROPOSAL DETAILS/ANALYSIS:
Applicants: Stillwater Area School District (Korine Land/Peter Mikhail), 1875 Greeley Street
South, Stillwater, MN
Property
Owners:
Stillwater Area School District
Location: 11530 Hudson Boulevard North (PID# 36.029.21.43.0001)
Request: Conditional Use Permit – Amendment
Existing Land
Use:
School Bus Terminal
Existing
Zoning:
BP – Business Park
Surrounding
Land Use /
Zoning:
South – I-94 and Woodbury; West – Outdoor Storage (RT – Rural Development
Transitional); East – Vacant land (RT – Rural Development Transitional); North –
Vacant land (RT – Rural Development Transitional)
Comprehensiv
e Plan
Guidance:
BP – Business Park
Deadlines for
Action:
Applicable
Regulations:
Application Complete: March 13, 2020
60 Day Deadline: May 11, 2020
City Code Title III, Chapter 10
City Code Article V: Zoning Administration and Enforcement
City Code Article XIV: Commercial Districts
City Code Title XV, Chapter 154
Page 3
CONDITIONAL USE PERMIT AMENDMENT:
Initial CUP Application and Grant:
The City Council granted the School District a CUP to operate a School District Transportation Center on
July 17, 2018. In its application, the School District made the following representations about their
proposed use:
Approximately 200 people would work at this facility, with morning and afternoon shifts
of drivers and attendants, along with vehicle maintenance and administrative staff. Hours
of operation would be from about 6:00 a.m. to about 6:00 p.m. during the weekdays with
occasional Saturday use for limited special school district transportation needs. This
proposed use would be similar to the existing use of the property, in providing routine
service of vehicles. Parking for the school buses (total of 140) transportation vans (about
20) and personal vehicles of the employees (about 200) would be provided on-site.
. . .
Water and sanitary sewer infrastructure are also proposed to this area of the City as part of
the adjacent re-development and re-alignment of Hudson Boulevard, eliminating the need
for septic systems for treatment of wastewater from this facility. As the water for the facility
is switched from well to municipal water, the existing well would be abandoned in
accordance with Minnesota Health Department requirements.
(Ex. 5)
The Staff Report for Agenda Item #17, on July 17, 2018, noted “Because the property is guided in the City’s
Comprehensive Plan for 2020-2030 Regional Sewer Staging Plan and would discharge to the MCES
Cottage Grove Ravine Interceptor, provisions for connecting to the municipal sanitary sewer service must
be included with this application,” and “Because the property is located in the MUSA, provisions for
connecting to the municipal water supply must be included.” (Ex. 25)
The Staff Report for Agenda Item # 17, on July 17, 2018, noted that the Interim Use Permit would expire
on December 2, 2019 and “will terminate when any portion of the property is rezoned or when public
sanitary sewer is provided on site.” The report noted that, “the applicant does not want to operate under the
current interim use permit.” (Ex. 25)
At the time of the City Council’s consideration of the CUP, the School District representatives were
provided with all staff reports and the proposed CUP. Staff responded to all questions concerning the
Application and the process. The School District did not make objection the CUP or any of the conditions
in the CUP.
The City adopted the CUP on July 17, 2018 with the conditions set forth above. (See Ex. 2)
Current Conditions:
The School District has been using the Property for its Transportation Center since October/November
2019. (Exs. 9 -11). The School District did not notify the City nor request an amendment to their CUP prior
to occupying the Property.
Page 4
The School District has completed many of the on-site improvements required by the CUP but the Property
is not connected to sanitary sewer and water as expressly required by the CUP. The City does not have any
responsibility for utility development on the Property. The issue of utility connection is the sole
responsibility of the School District (under the CUP) and the Developer. The School District has sued the
Developer under its purchase agreement, Independent School District No. 834, Stillwater Area Public
Schools v. EN Properties, LLC & E& E Properties, LLC, and is specifically seeking injunctive relief to
require the Developer to furnish water and sewer to the Property.
In her letter dated November 5, 2019, School District Finance Director Kristen Hoheisel represented that
the existing well has been approved by the Minnesota Department of Health. (Ex. 10)
Ms. Hoheisel also represented that “temporary septic service has been approved by Washington County,
pending acceptance by the City and a timeline for when City services will become available.” (Ex. 10) The
site is currently served by a temporary septic system, supplemented by temporary toilets (i.e. “porta
potties”). According to Washington County, the temporary septic has not been permitted by Washington
County. (Exs. 15-16)
Current Plans for Permanent Septic: Until April 8, 2020, the only plans provided related to the proposed
permanent septic was a one-page Utility Plan provided with the Application. In response to questions from
the Planning Department, the School District’s Facilities Manager provided some explanation. (See Ex.
22). On April 8, 2020, the School District provided a 58-page plan for septic system design. (Ex. 23) The
School District submitted the plans to Washington County on April 7, 2020. According to the Applicant,
the County can review the design on paper right now but will need to conduct site visits to finalize any
approval. The Applicant would agree to a condition that the design is subject to approval by Washington
County.
City staff continues to review the septic system design and may have additional comments at the time of
the Planning Commission Meeting. Staff also will seek any feedback that can be provided by Washington
County and provide any update to the Planning Commission at the time of the meeting.
From a preliminary review of the septic design, it would remove 6 parking spaces from the front (SW
corner) of the existing building. City Code requires them to have at least 133 parking spaces on site for
employees and the approved project plans show 197 parking spaces. The removal of 6 parking spaces
while leaving 191 parking spaces would leave the site in compliance with the parking standards.
City Engineer Review: The City Engineer’s review of the Application and proposed amendment is
attached as Exhibit 20. The Engineers addresses the following relevant issues:
Municipal Sanitary Sewer. The Engineer notes that, “[t]he proposed site is guided in the City’s 2040
Comprehensive Plan for public sanitary sewer that would discharge to the MCES Cottage Grove Ravine
Interceptor,” and consistent with current city policy, he recommends that the School District be required to
connect to the city sanitary sewer system and extend sanitary sewer to the property. (Ex. 20)
Municipal Water Supply. The Engineer states, “[t]he proposed facility resides within the Planned
MUSA, therefore provisions for connecting to the municipal water supply should be included with the
application,” and consistent with current city policy, he recommends that the School District be required to
connect to the city municipal water supply system and extend municipal water to the property. (Ex. 20)
Stormwater Management. The Engineer notes that the approved CUP required the construction of
storm water management facilities meeting city and VBWD rules to address new and reconstructed
Page 5
impervious surfaces and internal parking areas and site improvements. (Ex. 20) The facilities remain under
construction pending verification by city staff. Additionally, storm water improvements were required as
part of the development to urbanize Hudson Boulevard consistent with design standards, and were a
condition for approval, which has not been realized to date. There is no design plan and permit for storm
water management required for the Hudson Boulevard improvements.
The City Engineer also provided a preliminary assessment of the proposed permanent septic design.
See Ex. 24. The Engineer’s assessment is the septic system design cannot be approved as submitted. The
proposed mound area is shown to encroach into the dedicated 10-foot utility easement along the Hudson
Boulevard frontage. This also does not comply with Chapter 7080 rules that require all portions of the septic
tanks and mound systems to be setback a minimum of 10 feet from all property lines. This area needs to be
reserved for installation of small utilities.
More importantly, according to the Engineer, is that the City will be relying on the full extent of
this 10-foot easement for the installation of the City sanitary sewer and water main as shown on the Four
Corners 1st Addition construction plans. The septic/mound system should be required to maintain a 10-
foot setback from the utility easement, or 20 feet from the southern property line. The 10-foot
easement line must be shown on the septic/mound system plans together with the 10-foot required
setback. The septic plans indicated that the design locations are just estimates and the actual mound
system location will be determined by the installer.
Washington County Review: As noted, in a previous e-mail (Ex. 16), Washington County has not issued
a permit for the current temporary septic system. As to the proposed CUP amendment and proposed on-
site septic, the Public Health and Environment Department acknowledged, as of the date of the letter, that
they had not received an application for a replacement Subsurface Sewage Treatment System (septic
system), and, therefore, cannot make an assessment whether the plan and proposed use is feasible. (Ex. 21)
The County also noted that the current 3,000 gallon septic tank is not sufficient as it does not meet the
requirements of MN Rule Chapter 7080 or Washington County Ordinance # 206. (Id.) The County also
noted that it has not commented on the capacity needed for the site, contrary to the representation made by
the School District. (Id.) Finally, the County notes that the Utility Plan does not indicate where the
replacement system will be located and does not accurately depict what is currently on site. (Id.).
Applicable City Code Provisions:
City Code Section 154.106(C) provides that, “The Planning Commission shall hold a public hearing on
each complete application for a conditional use permit as provided in § 154.102 of this Article. After the
close of the hearing on a proposed conditional use permit, the City Planning Commission shall consider
findings and shall submit the same together with its recommendation to the City Council.”
City Code Section 154.106(F) provides, “If the Planning Commission recommends denial of a conditional
use permit or the Council orders such denial, it shall include in its recommendation or determination
findings as to the specific ways in which the proposed use does not comply with one or more specific
findings required by this Chapter.
City Code Section 10.99 Penalties provides:
(A) Prohibited Acts
(1) Any person must do not do any of the following: . . .
(b) Violate, fail to comply with, or assist, authorize, or permit the violation of the terms
and conditions of a city approval, including permits and licenses, required or granted
under this code.
Page 6
(c) Knowingly make or submit a false statement, document, or material omission in
connection with an application or procedure required by this code.
(B) Penalties
. . .
(3) Each calendar day that division (A) above is violated constitutes a separate offense.
(4) A violation of division (A) above constitutes sufficient grounds for denial of an
application required by this code that is related to the violation.
. . .
FINDINGS: Staff is recommending denial of the amendment to the CUP for the School District
transportation center (bus terminal) located at 11530 Hudson Blvd North based on the following findings:
1. The proposed amendment does not conform to the City of Lake Elmo’s Comprehensive Plan.
City Code § 154.106(A) (2).
a. The City approved the development of the parcel and the previous Conditional Use Permit
with the expectation and requirement that the Property as developed be connected to
sanitary sewer and water facilities.
b. The developer of Four Corners 1st Addition has had well over a one year to construct the
sanitary sewer and water facilities that are needed for the School District’s bus facility. In
fact, the developer has not even started the project.
c. Properties that are within a MUSA district are required to connect to City water and
sanitary sewer when they are developed. The Property was originally a 5-acre site and
developed by the School District into an 11-acre site to accommodate its proposed use.
The School District’s property is located within a MUSA district. Since it is not connected
to City water and sanitary sewer services, it is in conflict with the requirements of the
MUSA district, as outlined by the Comprehensive Plan and the use should not be allowed
to continue due to this conflict.
2. The proposed use could be hazardous or create a nuisance as defined under this Chapter to existing
or future neighboring structures. City Code § 154.106(A) (7).
a. The Amendment requires temporary use of the Property served by temporary toilets (i.e.
“porta potties”) and an existing unpermitted septic system. The current septic system is not
adequate for the site and constitutes a hazard to workers at the Property.
3. The Proposed Use will not be adequately served by essential public facilities and services,
including, drainage structures, refuse disposal, water and sewer systems. City Code §
154.106(A) (8).
a. The City approved the development of the parcel and the previous Conditional Use Permit
with the expectation and requirement that the Property as developed be connected to
sanitary sewer and water facilities.
i. The developer of Four Corners 1st Addition has had well over a one year to
construct the sanitary sewer and water facilities that are needed for the School
District’s bus facility. In fact, the developer has not even started the project.
ii. Properties that are within a MUSA district are required to connect to City water and
sanitary sewer when they are developed. The School District’s property is located
within a MUSA district. The Property was originally a 5-acre site and developed
by the School District into an 11-acre site to accommodate its proposed use. Since
it is not connected to City water and sanitary sewer services, it is in conflict with
Page 7
the requirements of the MUSA district, as outlined by the Comprehensive Plan and
the use should not be allowed to continue due to this conflict.
b. The proposed permanent septic system is inadequate and will not adequately serve the
Property and proposed use.
i. The septic system design cannot be approved as submitted. The proposed mound
area is shown to encroach into the dedicated 10-foot utility easement along the
Hudson Boulevard frontage.
ii. The design does not comply with Chapter 7080 rules that require all portions of the
septic tanks and mound systems to be setback a minimum of 10 feet from all property
lines.
iii. The City will be relying on the full extent of the 10-foot easement utility easement
for the installation of the City sanitary sewer and water main as shown on the Four
Corners 1st Addition construction plans. The septic/mound system should be
required to maintain a 10-foot setback from the utility easement, or 20 feet from the
southern property line. The 10-foot easement line must be shown on the
septic/mound system plans together with the 10-foot required setback.
4. That the Applicant has misrepresented permit approvals related to their use (i.e. use of
temporary septic system) of the Property, which is sufficient grounds for denial of the
Application. City Code § 10.99(A) (1) (c) & 10.99(B) (4).
Recommended Conditions of Approval.
None. All conditions from Resolution 2018-77 shall remain in place.
OPTIONS:
The Planning Commission may:
Recommend approval of the amendment to the CUP as proposed by the School District.
Recommend approval of the amendment to the CUP with amendments or conditions.
Recommend denial of the amendment to the CUP based on the Findings within this Report.
RECOMMENDATION:
Staff suggests that the Planning Commission recommend to the City Council that it deny the CUP
amendment request for the School District transportation center (bus terminal) located at 11530 Hudson
Boulevard North with Findings as noted above.
ATTACHMENTS:
• Exhibit 1 – Amended CUP Application
• Exhibit 2 - Resolution 2018-77
• Exhibit 3 - City Code Section - 10.99 Penalties
• Exhibit 4 - City Code Section 154.106 - Conditional Use Permits
• Exhibit 5 - Narrative for Conditional use Permit Stillwater Area Public Schools, April 30, 2018
• Exhibit 6 - 2018 Stillwater Bus Facility Improvements
• Exhibit 7 - Focusing Engineering Memorandum, May 30, 2018
• Exhibit 8- Stillwater Area Public Schools School Board Meeting Minutes, Sept. 12, 2019
• Exhibit 9 - Stillwater Area public Schools Sept. 12, 2019 School Board Meeting Agenda Item
• Exhibit 10 - November 5, 2019 – Stillwater Area Schools Amended CUP Application letter
• Exhibit 11 - Resolution 2020-004
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• Exhibit 12 - January 30, 2020 Letter to City Council
• Exhibit 13 - Photographs of 11530 Hudson Boulevard North, March 17, 2020
• Exhibit 14 - Focus Engineering Memorandum, March 19, 2020
• Exhibit 15 - E-mail from Dee Dee Armstrong, Feb. 20, 2020
• Exhibit 16 - E-mail from Gary Bruns, Washington County Department of Public Health and
Environment, March 17, 2020
• Exhibit 17 - E-mail to and from Jake Depuy, Minnesota Department of Labor and Industry, March
9, 2020
• Exhibit 18 - 2040 Comprehensive Plan (Excerpts)
• Exhibit 19 – E-mails between City Staff and School District.
• Exhibit 20 – Focus Engineering Memorandum, March 19, 2020
• Exhibit 21 – Washington County Letter, April 1, 2020
• Exhibit 22 – Redlined Utility Plan and E-mail from Applicant
• Exhibit 23 – Septic System Plans
• Exhibit 24 – Engineer Preliminary Review, Septic System Plans, April 4, 2020
• Exhibit 25 – Staff Report, July 18, 2018, Agenda Item # 17
1
9
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20NO PARKING
14
14
20
20
22
22
21
21
13
20
20
22
24
6
24
FUEL PUMP
ISLAND LOCATION
15.17' WIDE
22
NO PARKING NO PARKING
NO PARKING NO PARKING
STORMWATER MAINTENANCE
EASEMENT
STORMWATER MAINTENANCE
EASEMENT
FFE = 904.50
EXISTING
STORMWATER
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BUILDING AREA = 15,498
CITY WATERMAIN
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10 FT SMALL
UTILITY EASEMENT
CITY WATERMAIN
EASEMENT
UNDERGROUND
WATER VAULT FOR
FIRE SUPRESSION
HOLDING
TANK
SEPTIC AND
DRAIN FIELD
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UTILITY PLAN
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FIBER OPTIC UNDERGROUND LINE
ELECTRIC UNDERGROUND LINE
ELECTRIC OVERHEAD LINE
TELEPHONE UNDERGROUND LINE
STORM SEWER PIPE
SANITARY SEWER PIPE
NATURAL GAS UNDERGROUND LINE
WATERMAIN PIPE
LIGHT POLE
STORM MANHOLE
FLARED END
CURB INLET
CATCH BASINWATER SHUTOFF
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NORTH
20 40 80
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2018-077
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SCHOOL DISTRICT
TRANSPORTATION CENTER FOR A PORTION OF THE PROPERTY LOCATED AT 11530
HUDSON BOULEVARD NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Stillwater Area Schools (Kristen Hoheisel), 1875 Greeley Street South,
Stillwater, MN 55082 (the "Applicant") has submitted an application to the City of Lake Elmo
(the "City'') for a Conditional Use Pennit for a school district transportation center for a portion
of the property located at 11530 Hudson Blvd N (PID# 36.029.21.43.0001) (the "Property"); and
WHEREAS, a request for a Preliminary and Final Plat to subdivide the Property in to
Lot I, Block 1 of Four Corners, with three separate outlots was submitted by Terry Emerson,
2204 Legion Lane Circle North, Lake Elmo, MN 55042; and
WHEREAS, the Applicant also submitted applications to the City for a Zoning Text
Amendment to allow local transit as a conditional use within the Business Park zoning district;
and a Zoning Map Amendment to re-zone Lot 1, Block 1 of Four Corners from Rural
Development Transitional to Business Park; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Plarming Commission held a public hearing on said matter
on June 4, 2018 and June 18, 2018; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated July 17, 2018, and
WHEREAS, the City Council considered said matter at its July 17, 2018 meeting; and
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.106.
Resolution 2018-077
509020vl SJS LA515-l
1
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That the proposed Conditional Use Permit includes the following components:
a) A Conditional Use Permit for a school district transportation center for a portion
of the property located at 11530 Hudson Blvd N.
4) That the Conditional Use Permit for a school district transportation center will be for the
Property legally described as follows: Lot 1, Block 1 of Pour Corners.
5) That the Zoning Text Amendment that was proposed by the Applicants allows local transit as
a conditional use within the Business Park zoning district.
6) That the City approved the Applicant's request for a Zoning Text Amendment to allow local
transit as a conditional use within the Business Park zoning district.
7) That the City approved the Applicant's request for a Preliminary and Final Plat to subdivide
the Property in to Lot 1, Block 1 of Pour Corners along with three separate outlots.
8) That the City approved the Applicant's request for a Zoning Map Amendment to re-zone the
Property from Rural Development Transitional to Business Park.
9) The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. Bus traffic is not expected to
be detrimental or dangerous, as trips and traffic will be limited to certain times of the day.
It is a recommended condition of approval that there be significant berming to provide a
sufficient screening of the parking lot.
l 0) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The
property is guided for Business Park, in which local transit, which meets certain standards,
is a conditional use per the Zoning Code. The use also provides a significant number of
jobs per acre, which is a desired trait of the Business Park land use designation per the
Comprehensive Plan.
11) The use or development is compatible with the existing neighborhood. The use is compatible
with the existing neighborhood, as the existing use is a truck terminal, which is similar in
use and design to a bus terminal. The surrounding parcels are mostly vacant and
undeveloped.
12) The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter. The proposal complies with the proposed development standards as
recommended in the requested Zoning Text Amendment, although it does not comply with
many parking lot, screening, and landscape standards, which have been required as a
recommended condition of approval
13) If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standru·ds for such use listed in Chapter 150, § 150.250 through 150.257
Resolution 2018-077
509020vl SJS LASIS-1
2
(Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located
outside the 0.2% annual chance floodplain.
14) The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area. While the proposed project is a
redevelopmentlrepurposing of an existing site and will not change the existing character of
the area, operations are not within a building and so would not meet the intended
character of the neighborhood.
15) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures. While the proposed use will create a significant
amount of traffic, it will be limited to certain times of the day.
16) The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
There are plans to connect to City sewer and water at the applicant's cost. The use may
require the prompt need for the CSAH 15/Hudson Blvd traffic signal, for which the City
will be required to share 25% of the cost, and the Hudson Boulevard realignment. It is not
yet known if the applicant's storm water management plan meets all City, State, and Valley
Branch Watershed District requirements.
17) The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community.
While the use will not pay property taxes, sewer and water service charges will be paid by
the applicant.
18) The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The
proposed use will generate a significant number of trips per day, though this will be limited
to certain times of the day. Minimal noise is expected to come from the site, except during
heavy traffic times at specific times within the morning or afternoon.
19) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. Traffic congestion could be
created from the significant number of trips to the site, though these would be limited to
certain times of the day.
20) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. NIA
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City
Council hereby approves the request by Stillwater Area Schools for a Conditional Use Permit for
a school district transportation center with the following conditions of approval:
Resolution 2018-077
509020vl SJS LA515-l
3
1) The Zoning Text Amendment to allow local transit (school district transportation center)
within the Business Park Zoning District must be approved.
2) No construction or use of the bus terminal (unless in accordance with the Interim Use
Permit approved by the City by Resolution 2014-095) may commence until all items as
outlined in the City Engineer review memo regarding the Four Comers Preliminary & Final
Plat (Stillwater Transportation Center) dated May 30, 2018 and all other subsequent
construction plan memos regarding the Stillwater Transportation Center have been
addressed; the Four Comers 1st Addition Final Plat has been recorded.
3) The applicant must obtain all other necessary City, State, and other governing body permits
prior to the commencement of any construction activity on the parcel including but not
limited to an approved stormwater management plan, utility plans, grading plan, street
construction plans (if required), parking lot permit, building permits, etc.
4) The Applicant shall submit a photometric plan, and all lighting must meet requirements
of Sections 150.035-150.038 of the City Code.
5) The above ground storage tank shall require development of diking around the tank,
suitably sealed to hold a leakage capacity equal to 115% of the tank capacity. The
applicant shall demonstrate that fire, explosion, or water or soil contamination hazards
are not present that would be detrimental to the public health, safety, and general welfare.
The applicant shall also fill out an Aboveground Storage Tank Notification oflnstallation
or Change in Status Form as required by the Minnesota Pollution Control Agency
(MPCA).
6) The Applicant shall submit an updated Landscape Plan and Tree Preservation Plan which
includes sufficient berming and screening and addresses the comments in this report to be
reviewed and approved by the City's Landscape Architect.
7) Parking areas shall be paved with a durable surface including, but not limited to, hot
asphalt, bituminous or concrete; spaces shall be marked with painted lines at least four
inches wide; required interior and exterior parking lot screening is required; a bumper
curb or barrier of normal bumper height shall be provided; and must provide an adequate
number of Americans with Disabilities Act (ADA) accessible stalls.
8) A sign permit shall be obtained prior to erection of any sign on the property.
9) The property shall be connected to City sewer and water prior to operation of the bus
terminal.
10) A Traffic Impact Study is required to determine timing and extent of improvements
required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic
signal improvements as well as to detennine if an eastbound left turn lane along Hudson
Boulevard is also needed at the site access.
11) The applicant shall be required to include a description of the sanitary sewer capacity
demands including the number of residential equivalency units (REC) based on the
Metropolitan Council Sewer Availability Charge (SAC) determination policy as well as a
description of the water capacity demands including average day use, peak day use, and
fire suppression demands. Demands must account for all planned uses and connections to
Resolution 2018-077
509020vl SJS LASIS-1
4
the sewer system including bus wash wastewater as well as include po table drinking
water, bus washing operations, etc.
12) Applicant shall be responsible to place hydrants throughout the property at the direction
of the Fire Depaiiment. All fire hydrants shall be owned and maintained by the City.
13) That the applicant contribute a onetime payment of $150 ,000 in recognition oflost tax
revenue as well as the City's cost share of the future traffic signal at the intersection of
Manning A venue (CSAH 15) and Hudson Boulevard North.
Passed and duly adopted this 17 th day of July 2018 by the City Council of the City of Lake Elmo,
Minnesota.
Resolution 2018-077
509020v I SJS LA 5 l 5-I
5
Mike Pearson, Mayor
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2018-077
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SCHOOL DISTRICT
TRANSPORTATION CENTER FOR A PORTION OF THE PROPERTY LOCATED AT 11530
HUDSON BOULEVARD NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Stillwater Area Schools (Kristen Hoheisel), 1875 Greeley Street South,
Stillwater, MN 55082 (the "Applicant") has submitted an application to the City of Lake Elmo
(the "City'') for a Conditional Use Pennit for a school district transportation center for a portion
of the property located at 11530 Hudson Blvd N (PID# 36.029.21.43.0001) (the "Property"); and
WHEREAS, a request for a Preliminary and Final Plat to subdivide the Property in to
Lot I, Block 1 of Four Corners, with three separate outlots was submitted by Terry Emerson,
2204 Legion Lane Circle North, Lake Elmo, MN 55042; and
WHEREAS, the Applicant also submitted applications to the City for a Zoning Text
Amendment to allow local transit as a conditional use within the Business Park zoning district;
and a Zoning Map Amendment to re-zone Lot 1, Block 1 of Four Corners from Rural
Development Transitional to Business Park; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Plarming Commission held a public hearing on said matter
on June 4, 2018 and June 18, 2018; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated July 17, 2018, and
WHEREAS, the City Council considered said matter at its July 17, 2018 meeting; and
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.106.
Resolution 2018-077
509020vl SJS LA515-l
1
2
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That the proposed Conditional Use Permit includes the following components:
a) A Conditional Use Permit for a school district transportation center for a portion
of the property located at 11530 Hudson Blvd N.
4) That the Conditional Use Permit for a school district transportation center will be for the
Property legally described as follows: Lot 1, Block 1 of Pour Corners.
5) That the Zoning Text Amendment that was proposed by the Applicants allows local transit as
a conditional use within the Business Park zoning district.
6) That the City approved the Applicant's request for a Zoning Text Amendment to allow local
transit as a conditional use within the Business Park zoning district.
7) That the City approved the Applicant's request for a Preliminary and Final Plat to subdivide
the Property in to Lot 1, Block 1 of Pour Corners along with three separate outlots.
8) That the City approved the Applicant's request for a Zoning Map Amendment to re-zone the
Property from Rural Development Transitional to Business Park.
9) The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. Bus traffic is not expected to
be detrimental or dangerous, as trips and traffic will be limited to certain times of the day.
It is a recommended condition of approval that there be significant berming to provide a
sufficient screening of the parking lot.
l 0) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The
property is guided for Business Park, in which local transit, which meets certain standards,
is a conditional use per the Zoning Code. The use also provides a significant number of
jobs per acre, which is a desired trait of the Business Park land use designation per the
Comprehensive Plan.
11) The use or development is compatible with the existing neighborhood. The use is compatible
with the existing neighborhood, as the existing use is a truck terminal, which is similar in
use and design to a bus terminal. The surrounding parcels are mostly vacant and
undeveloped.
12) The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter. The proposal complies with the proposed development standards as
recommended in the requested Zoning Text Amendment, although it does not comply with
many parking lot, screening, and landscape standards, which have been required as a
recommended condition of approval
13) If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standru·ds for such use listed in Chapter 150, § 150.250 through 150.257
Resolution 2018-077
509020vl SJS LASIS-1
2
(Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located
outside the 0.2% annual chance floodplain.
14) The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area. While the proposed project is a
redevelopmentlrepurposing of an existing site and will not change the existing character of
the area, operations are not within a building and so would not meet the intended
character of the neighborhood.
15) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures. While the proposed use will create a significant
amount of traffic, it will be limited to certain times of the day.
16) The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
There are plans to connect to City sewer and water at the applicant's cost. The use may
require the prompt need for the CSAH 15/Hudson Blvd traffic signal, for which the City
will be required to share 25% of the cost, and the Hudson Boulevard realignment. It is not
yet known if the applicant's storm water management plan meets all City, State, and Valley
Branch Watershed District requirements.
17) The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community.
While the use will not pay property taxes, sewer and water service charges will be paid by
the applicant.
18) The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The
proposed use will generate a significant number of trips per day, though this will be limited
to certain times of the day. Minimal noise is expected to come from the site, except during
heavy traffic times at specific times within the morning or afternoon.
19) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. Traffic congestion could be
created from the significant number of trips to the site, though these would be limited to
certain times of the day.
20) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. NIA
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City
Council hereby approves the request by Stillwater Area Schools for a Conditional Use Permit for
a school district transportation center with the following conditions of approval:
Resolution 2018-077
509020vl SJS LA515-l
3
1) The Zoning Text Amendment to allow local transit (school district transportation center)
within the Business Park Zoning District must be approved.
2) No construction or use of the bus terminal (unless in accordance with the Interim Use
Permit approved by the City by Resolution 2014-095) may commence until all items as
outlined in the City Engineer review memo regarding the Four Comers Preliminary & Final
Plat (Stillwater Transportation Center) dated May 30, 2018 and all other subsequent
construction plan memos regarding the Stillwater Transportation Center have been
addressed; the Four Comers 1st Addition Final Plat has been recorded.
3) The applicant must obtain all other necessary City, State, and other governing body permits
prior to the commencement of any construction activity on the parcel including but not
limited to an approved stormwater management plan, utility plans, grading plan, street
construction plans (if required), parking lot permit, building permits, etc.
4) The Applicant shall submit a photometric plan, and all lighting must meet requirements
of Sections 150.035-150.038 of the City Code.
5) The above ground storage tank shall require development of diking around the tank,
suitably sealed to hold a leakage capacity equal to 115% of the tank capacity. The
applicant shall demonstrate that fire, explosion, or water or soil contamination hazards
are not present that would be detrimental to the public health, safety, and general welfare.
The applicant shall also fill out an Aboveground Storage Tank Notification oflnstallation
or Change in Status Form as required by the Minnesota Pollution Control Agency
(MPCA).
6) The Applicant shall submit an updated Landscape Plan and Tree Preservation Plan which
includes sufficient berming and screening and addresses the comments in this report to be
reviewed and approved by the City's Landscape Architect.
7) Parking areas shall be paved with a durable surface including, but not limited to, hot
asphalt, bituminous or concrete; spaces shall be marked with painted lines at least four
inches wide; required interior and exterior parking lot screening is required; a bumper
curb or barrier of normal bumper height shall be provided; and must provide an adequate
number of Americans with Disabilities Act (ADA) accessible stalls.
8) A sign permit shall be obtained prior to erection of any sign on the property.
9) The property shall be connected to City sewer and water prior to operation of the bus
terminal.
10) A Traffic Impact Study is required to determine timing and extent of improvements
required for the CSAH 15 and Hudson Boulevard intersection realignment and traffic
signal improvements as well as to detennine if an eastbound left turn lane along Hudson
Boulevard is also needed at the site access.
11) The applicant shall be required to include a description of the sanitary sewer capacity
demands including the number of residential equivalency units (REC) based on the
Metropolitan Council Sewer Availability Charge (SAC) determination policy as well as a
description of the water capacity demands including average day use, peak day use, and
fire suppression demands. Demands must account for all planned uses and connections to
Resolution 2018-077
509020vl SJS LASIS-1
4
the sewer system including bus wash wastewater as well as include po table drinking
water, bus washing operations, etc.
12) Applicant shall be responsible to place hydrants throughout the property at the direction
of the Fire Depaiiment. All fire hydrants shall be owned and maintained by the City.
13) That the applicant contribute a onetime payment of $150 ,000 in recognition oflost tax
revenue as well as the City's cost share of the future traffic signal at the intersection of
Manning A venue (CSAH 15) and Hudson Boulevard North.
Passed and duly adopted this 17 th day of July 2018 by the City Council of the City of Lake Elmo,
Minnesota.
Resolution 2018-077
509020v I SJS LA 5 l 5-I
5
Mike Pearson, Mayor
§ 10.99 PENALTIES.
(A) Prohibited acts.
(1) Any person must not do any of the following:
(a) Violate, fail to comply with, or assist, authorize, or permit the violation of a provision of this code;
(b) Violate, fail to comply with, or assist, authorize, or permit the violation of the terms and conditions of a city approval,
including permits and licenses, required or granted under this code; or
(c) Knowingly make or submit a false statement, document, or material omission in connection with an application or procedure
required by this code.
(2) No section of part of this code designating the duties of an official, employee, or appointee of the city may be construed to make
that person liable for the penalties provided herein.
(B) Penalties.
(1) A person who violated division (A) above is guilty of a misdemeanor and upon conviction will be punished in accordance with
state law; provided, that if a different punishment is stated in this code, that provision governs the punishment for the violation.
(2) Designation as a petty misdemeanor means that upon conviction the sentence will be in accordance with state law. If not
designated as petty misdemeanor, a violation is a misdemeanor as set forth above in division (B)(1) above.
(3) Each calendar day that division (A) above is violated constitutes a separate offense.
(4) A violation of division (A) above constitutes sufficient grounds for denial of an application required by this code that is related
to the violation.
(5) Action prohibited by division (A) above may, at the option of the city, void a city approval that is related to the violation.
(6) The City Attorney may institute a legal proceeding in the name of the City of Lake Elmo to prevent, restrain, remedy, or abate a
violation of division (A) above.
(7) Nothing in this section prevents the city from taking other action permitted by law, and the penalties and remedies provided here
and under other law are cumulative.
(Ord. 08-028, passed 7-20-2010; Am. Ord. 08-141, passed 7-5-2016)
3
4
City of Lake Elmo
Narrative for Conditional Use Permit
Stillwater Area Public Schools
April 30, 2018
Contact Information:
Stillwater Area Public Schools – Kristen Hoheisel – 651-351-8321, Email: hoheiselk@stilwaterschools.org
Property Owner: Terry Emerson – 651-845-3373, Email: tse03@comcast.net
Engineer: Greg Buchal - Larson Engineering 651-255-0328, Email: gbuchal@larsonengr.com
Surveyor: Tim Freeman – FFE Surveying 651-439-8833, Email: freeman@ffe-inc.com
Property Address: 11530 Hudson Blvd. North, Lake Elmo, MN 55042
Current Zoning: Business Park
Parcel Size: 11 acres (approximately 479,160 sq. ft.)
PID Number: 36 029 21 43 0001
Current building was constructed in the 1990’s and was used for office space by E& H Earthmovers and
also provided bus storage for Stillwater Schools. The building was then used by Kenworth Diesel Trucks
for sales, repairs and service of diesel trucks, and is currently being considered for bus parking and
maintenance by Stillwater Schools again.
The proposed use is for a School District Transportation Center. The existing building, paved and gravel
parking area, along with the existing landscaped berms would remain as they are and the site would be
expanded to provide additional gravel surfaced parking for school buses and employee cars. School
buses for the District would be parked at this facility when not in use, along with performing routine
maintenance of the buses at this location. As part of the servicing and maintenance of the buses, it is
also planned to wash and fuel buses at this facility.
Approximately 200 people would work at this facility, with morning and afternoon shifts of drivers and
attendants, along with the vehicle maintenance and administrative staff. Hours of operation would be
from about 6:00am to about 6:00pm during the weekdays with occasional Saturday use for limited
special school district transportation needs. This proposed use would be similar to the existing use of
the property, in providing routine service of vehicles. Parking for the school buses (total of 140)
transportation vans (about 20) and personal vehicles of the employees (about 200) would be provided
on-site.
This location is adjacent to major traffic corridors and routes within this area of the City of Lake Elmo
and this would have less of an impact on traffic flow than would occur on lower volume roads or those
through residential areas. Being located along the Highway 94 corridor, the bus traffic would have a
minimal impact on the already higher volumes of traffic in this area. In addition, the peak bus traffic
times will be limited to the morning hours, from about 7:00am to 9:00am to get student to school, and
from about 2:00pm to 4:00pm to get students back home from school.
5
This proposed use would not be detrimental to the other permitted uses in the Business Park District.
This use would be consistent with the City of Lake Elmo Comprehensive Plan for the Business Park
District in providing a diverse mixed use, with a high density of jobs at this location. This facility will
employee about 200 people, including the various shifts, positions and administrative staff.
Water and sanitary sewer infrastructure are also proposed to this area of the City as part of the adjacent
re-development and re-alignment of Hudson Boulevard, eliminating the need for septic systems for
treatment of wastewater from this facility. As the water for the facility is switched from the well to
municipal water, the existing well would be abandoned in accordance with Minnesota Health
Department requirements.
FFE = 904.50
BUILDING AREA = 15,498
EXISTING GRAVEL PAVEMENT
CITY WATERMAIN
EASEMENT
10 FT SMALL
UTILITY EASEMENT9
6
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15
17
20
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FUEL TANK
AREA WITH LEAK
CONTAINMENT (135%)
(20'x45'x2' DEEP)
FUEL PUMP
ISLAND LOCATION
14' WIDE
22
TO REMAIN FOR PHASE 1
STORMWATER
POND AREA
C6
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Greg A. Buchal, P.E.
Date: Reg. No.:04.30.18 23793
I hereby certify that this plan,
specifications or report was prepared
by me or under my direct supervision
and that I am a duly licensed
Professional Engineer under the laws
of the state of Minnesota.
2 City Resubmittal
3
4
09.14.18
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NORTH
20 40 80
City Resubmittal10.12.18
City Resubmittal11.06.18
NEW 6" BITUMINOUS PAVEMENT OVER
NEW 8" CRUSHED AGGREGATE BASE
OVER 24" GRANULAR BACKFILL
SEE DETAIL 1/C5
NEW 6" CONCRETE PAVEMENT OVER
NEW 6" CRUSHED AGGREGATE BASE
SEE DETAIL 3/C5
NEW 10" AGGREGATE OVER
NEW 24" GRANULAR BACKFILL
SEE DETAIL 2/C5
SYMBOL LEGEND
WHERE APPLICABLE, DIMENSIONS ARE FROM
BACK OF CURB TO BACK OF CURB OR BACK OF
CURB TO END OF STALL LINE.
PAVING AND
DIMENSION PLAN
C2
ADA STALLS REQUIRED = 6
ADA STALLS PROVIDED = 6
AUTOMOBILE STALLS = 177
SCHOOL VAN STALLS = 20
SHORT BUS STALLS = 24
LARGE BUS STALLS = 123
- INDICATES STALL COUNT IN ROW
PARKING STALL COUNT
LOT SIZE
Total Lot Size: 478,997 s.f. = 11.00 Acres
Breakdown:
Proposed Building: 15,498 s.f. = 3.24%
Proposed Gravel Pavement Areas (Phase 1): 182,980 s.f. = 38.20%
Proposed Concrete and Bituminous Pavement
(Phase 1): 61,563 s.f. = 12.85%
Proposed Open Space: 218,956 s.f. = 45.71%
Proposed Total Impervious Space = 54.29%
Business Park Max Impervious = 75%
Parking Lot Area = 244,993 s.f.
5% Landscaped Area Required = 12,249 s.f
Landscaped Area Provided = 16,830 s.f.
*All gravel pavement surface (existing and proposed) in
Phase 1 is going to be paved in Phase 2 of the project.
A timeline for Phase 2 has not yet been established but
is anticipated in 2 to 3 years.*
XX
Automobile parking lot to be constructed after septic
drainfield is abandoned.
Entrance drive paving, and curb and gutter to match
new construction for Hudson Blvd.
1
2
PLAN NOTES
6
PAGE 1 of 3
MEMORANDUM
Date: May 30, 2018
To: Emily Becker, Planner Director Re: Four Corners Preliminary & Final Plat
(Stillwater Transportation Center)
Cc: Chad Isakson, Assistant City Engineer
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for the Four Corners Preliminary and Final Plat including the Stillwater
Transportation Center. Preliminary Plat/Final Plat and Site Plans were received on May 16, 2018. The submittal
consisted of the following documentation:
Four Corners Preliminary Plat, dated May 4, 2‐18, prepared by Folz Freeman Surveying LLC.
Four Corners Final Plat, not dated, prepared by Folz Freeman Surveying LLC.
Stillwater Bus Facility Site Plans, dated April 30, 2018, prepared by Larson Engineering Inc.
Project Narratives, dated April 30, 2018.
Engineering has the following review comments:
STORMWATER MANAGEMENT
A State and Valley Branch Watershed District (VBWD) permit will be required. The site plan is subject to a
storm water management plan meeting State, VBWD and City rules and regulations. No proposed storm
water management plan was provided as part of the Plan submittal.
A storm water management plan must be submitted detailing the stormwater management calculations
to support any proposed improvements to meet agency requirements including the HydroCAD model in
electronic format. The Management plan must include a summary report describing the overall
stormwater management plan and performance criteria for all required storm events.
Storm water facilities proposed for meeting State and VBWD permitting requirements must be designed
and constructed in accordance with the City Engineering Design Standards Manual available on the City
website, dated March 2017.
The storm water facilities constructed for this development should remain privately owned and
maintained. The applicant will be required to execute and record a Stormwater Maintenance and
Easement Agreement in the City’s standard form of agreement.
Even as privately owned and maintain facilities, maintenance access roads meeting the City engineering
design standards must be provided for all storm water facilities.
The storm water facility 100‐year HWL must be fully contained within the subject property or easements
must be acquired to protect the 100‐year HWL flood area. The proposed plans show the 100‐year HWL
event discharging off‐site at the southeast corner.
City design standards, details and plan notes must be used for erosion control.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4285
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STREETS AND TRANSPORTATION
Hudson Boulevard Right‐of‐Way/Easement Dedication. No additional right‐of‐way dedication is required
unless an eastbound left turn lane is required (see below). However, a 10‐foot utility corridor easement
for small utilities must be dedicated to the City along the north boulevard of Hudson Blvd.
Site Access. The site plans propose the continued use of the existing commercial driveway with dedicated
right and left turn lanes leaving the site.
Hudson Boulevard Improvements. As part of the development, Hudson Boulevard must be improved per
the City design standards to an urban section on the north side of the street including a west bound right
turn lane to the site, a 4‐foot shoulder (curb reaction), a 9‐foot boulevard, and 10‐foot shared use
bituminous trail with 2‐foot clear zone (see attached typical section and preliminary layout).
Traffic Impact Study. A traffic impact study should be completed and submitted as part of the preliminary
plat application to determine the timing and extent of improvements required for the CSAH 15 and
Hudson Boulevard intersection realignment and traffic signal improvements. A financial contribution to
CSAH 15/Hudson Blvd traffic signal/realignment should be considered. In addition, the study is needed to
determine if an eastbound left turn land along Hudson Boulevard is also needed at the Site access.
MUNICIPAL SANITARY SEWER
The proposed site is guided in the City’s Comprehensive Plan for 2020‐2030 Regional Sewer Staging Plan
and would discharge to the MCES Cottage Grove Ravine Interceptor. Therefore, provisions for connecting
to the municipal sanitary sewer service must be included with this application. The site plans/application
indicates a new sewer service line connecting to future sanitary sewer but does not address the extension
of sanitary sewer to the site.
The applicant will be responsible to connect to the City sanitary sewer system and extend sanitary sewer
into the property at applicant’s sole cost. In addition, the applicant will be required to stub sanitary sewer
mains to adjacent properties so that these parcels maintain sewer access. Sanitary sewer is available
along Hudson Blvd near the MCES Meter Station. The sanitary sewer trunk size will need to be determined
based on the 2040 Comprehensive Plan.
The application should include a description of the sanitary sewer capacity demands including the number
of residential equivalent units (REC) based on the Met Council SAC determination policy. Demands must
account for all planned uses and connections to the sewer system including bus wash wastewater. This
information is required for staff evaluation of the sewer system improvements needed to support the
development and to determine the applicable sewer availability charges.
Existing Utility Easements. The existing sanitary sewer utility easements along Hudson Boulevard and the
new commercial street corridor must be shown with the preliminary plan submittal and plan revisions
must be made to avoid encroachments/conflicts with these easements.
Any main sewer lines placed within the development will require minimum 30‐foot easements centered
over the pipe (or wider dependent upon the sewer depths) dedicated to the City and in the form of the
City’s Utility Easement Agreement.
MUNICIPAL WATER SUPPLY
The proposed facility resides within the Planned MUSA, therefore provisions for connecting to the
municipal water supply must be included with this application. The site plans/application indicate a new
water service line connecting to future water but does not address the extension of the municipal water
supply to the site.
The applicant will be responsible to extend municipal water to the property at the applicant’s cost.
Watermain stubs will be required to eastern property limits. Water is available to be extended to the
property from the Hunter’s Crossing development but will require easements across adjacent properties.
The watermain extension to the site will likely be a 12‐inch trunk watermain.
The application should include a description of the water capacity demands including average day use,
peak day use, and fire suppression demands. All demand should be provided including potable drinking
PAGE 3 of 3
water, bus washing operations, etc. This information is required for staff evaluation of the water
improvements needed to support the development and to determine the water availability charges.
The proposed site is in the water system’s low‐pressure zone which has limited capacity until a new water
tower is constructed to serve the area.
The applicant will be responsible to place hydrants throughout the property at the direction of the Fire
Department. All fire hydrants shall be owned and maintained by the City.
Any watermain lines and hydrants placed within the development will require minimum 30‐foot
easements centered over the pipe. Easements must be dedicated to the City and be provided in the City’s
standard form of easement agreement.
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Independent School District No. 834 – Stillwater Area Public Schools
Stillwater City Hall, 216 North 4th Street, Stillwater, MN
September 12, 2019 – 6:00 p.m. Meeting Minutes
I. Call to Order: The meeting was called to order at 6:05 p.m.
II. Roll Call: Present: Mike Ptacek, chair; Shelley Pearson, vice chair; Liz Weisberg, treasurer; Mark Burns, director; Jennifer
Pelletier, director; Tina Riehle, director; Sarah Stivland, clerk; and Superintendent Pontrelli, ex-officio.
III. Pledge of Allegiance: The Board Chair led the Pledge of Allegiance.
IV. District Mission and School Board Goals: The mission statement was read by Member Weisberg and the goals were
read by Member Burns.
V. Approval of the Agenda
Motion to approve the agenda by: Member Riehle; Second by: Member Stivland, Vote: 7 ayes, 0 nays, Motion Carried
Unanimously.
VI. Superintendent’s Report
Superintendent Pontrelli reported:
1.Welcome Rick Robbins new executive director with the Partnership Plan.
2.Due to scheduling conflicts with Morris Leatherman, the survey has been scheduled for the September 26 meeting.
3.Attended Retired Educators luncheon and shared our initiatives and what is happening in the district.
4.Superintendent Advisory Council met this week. Working consistently with three areas of focus – legislative efforts,
welcoming environments, and referendums.
5.Community Design Team had its first meeting this past Tuesday. Great turn out for first meeting.
6.At a recent Finance Working Group meeting there was a question on a past executive summary report. Will add an
addendum to provide additional information to the cost and total cost of the Oak Park media center.
VII. Introductory Items
Superintendent Pontrelli recognized Representative Shelly Christiansen. She was nominated as a MN School Board
Association Legislator of Distinction for 2019. Recognize her advocacy for the school district and across the state. She
helped with the Snow Day Relief.
VIII. Open Forum
1.Robert Dickie – Helps with housing for family and youth. Students are at their facility and asks district to help with
transportation.
2.Jim Franklin – Concern with open committee meetings. Attended Community Engagement Workgroup and they
discussed good plans and engagement. Thank you for your goal oriented communication.
3.Kate Niemann – Stillwater Township – Open forum is an important mechanism for public to communicate with the
board members. Appreciate the board’s responses when reaching out.
4.Bob Sherman – Stillwater – Resolution of superintendent dispute. Thank you to Whitson Foundation.
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5. Doug Hemer – Stillwater – Sent a letter to the Board regarding mediation. Realize the requirement to waive in
advance any claims the superintendent might have to actions taken was not part of the motion and apologize for the
misread. Applaud Chair for not including that requirement in the motion.
6. Josh Leonard – Thank you for a great opening couple weeks. Ready Set Go conferences meant a lot. Appreciate
and thank teachers and staff for their enthusiasm. Thanks for the strong leadership.
IX. Consent Agenda
A. Minutes of August 22, 2019 Special School Board Meeting
B. Minutes of August 22, 2019 Business Meeting
C. Disbursement Register August 24-September 13, 2019
D. Marsh and McLennan Agency – Workers’ Compensation Renewal
E. Additional Transportation Facility Design
F. Human Resources Personnel Report
Motion by: Member Pelletier to remove A and B from the motion; Second by Member Stivland to remove A and B and
Vote on items C-F. Vote: 7 ayes, 0 nays, Motion Carried Unanimously.
Motion by: Member Pelletier to accept and approve items C-F; Second by: Member Riehle; Vote: 7 ayes, 0 nays, Motion
Carried Unanimously.
Minutes of August 22 Special School Board meeting have one change: V. Closed Session vote change from 7 ayes to 6
ayes.
Motion by Member Burns to accept and approve the August 22 Special School Board meeting minutes with the change
indicated; Second by: Member Stivland; Vote: 7 ayes, 0 nays, Motion Carried Unanimously.
Minutes of the August 22, 2019 Business Meeting change XII. Board Member Reports. C. 1. Director Riehle. Remove the
sentence ‘Met with auditors who indicated to update the executive summary’. Change the word unanimous to anonymous.
Add to B. Working Group Reports 2. Finance and Operations. Met with auditors and think it is important to have the
executive summary corrected and they agreed it was important as well.
Motion by Member Riehle to accept and approve the minutes of the August 22, 2019 Business meeting minutes with the
changes indicated; Second by: Member Weisberg; Vote: 6 ayes, 1 nay (Pelletier), Motion Carried.
X. Reports
A. Open Forum Process
The Policy Work Group reviewed Policy 206 – Public Participation in School Board Meetings. The policy indicates
there is flexibility to make changes. The Work Group wants to try and keep balance with efficient use of time. The
Work Group’s recommendation is to give 3 minutes and expand the number of speakers to 15 with the intent to
revisit in November. The work group realizes the public forum is a very important piece of open business meetings.
B. First Day of School Report
Dr. McDowell and Ms. Hoheisel presented information on the first day of school for the 2019-20 school year.
Enrollment numbers for the first day were shared, as well as family experiences with the staggered start times for
grades 6-12 and the K-5 conferences. This year’s focus is ‘every student every day’. The Stuff the Bus Campaign
statistics was also shared.
The following are all mandatory policies. The Second Reading of the following polices were presented by Director Stivland.
C. Policy 412 – Expense Reimbursement
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D. Policy 427 – Workload Limits for Special Education Teachers
E. Policy 502 – Search of Student Lockers, Desks, Personal Possessions, and Students Person
F. Policy 722 – Public Data Requests – this policy was pulled due to concerns raised. The Policy Work Group will
review and bring back for second review at a future meeting.
Final readings for Policy for 412, 427 and 502 will be brought to the September 26 board meeting.
XI. Action Items
A. Proposal to Consider Mediation Parameters
Chair Ptacek indicated there is a generous offer by the Whitson Foundation. In order to further consider the
mediation proposed by Whitson Foundation the Chair wants to address the associated liability concerns, that he be
authorized to contact the District’s legal counsel to request she draft an agreement whereby the Superintendent
would consent to the release of her personnel data in the course of mediation and agree to hold the District and
Board harmless from any liability arising from the mediation, which must be held at Open Board meetings. The draft
would be brought to future meetings for board review and approval and eventually approval by the Superintendent.
Motion by: Member Ptacek to approve the Board Chair to contact the district’s legal counsel to request a draft agreement
whereby the Superintendent would consent to the release of her personnel data in the course of mediation and agree to hold
the District and Board harmless from any liability arising from the mediation which must be held at an Open Board meeting;
Second by: Member Weisberg; Vote: 2 ayes; 5 nays (Burns, Stivland, Pearson, Riehle, Pelletier), Motion Denied.
XII. Board Member Reports
A. Board Chair Report
Community Design Team met and was impressed with the students who participated.
Two student representatives will start at the next board meeting.
Will add to the Working Group Reports a report from the Community Design Team at future meetings.
Asked Director Burns to comment on the first Community Design Team. Director Burns indicated there were
very enthusiastic people involved. Worked on long term vision statements. Seven meetings scheduled and
they are publicly posted. There is a Long Range Planning link on the website.
Attended AMSD last week.
MSBA has a Delegate Assembly made up of board members. Sarah and Mike nominated as delegates.
B. Working Group Reports
1. Community Engagement – Director Pearson – Work Group met today. Will have a tent up at the Homecoming
carnival from 3:30-6:30 offering a brief survey and requesting board members help at the tent. Carnival is still
looking for volunteers. World’s Best Work Force has a need to fill more spots. Discussed board member
school liaisons and looking for feedback.
2. Finance and Operations – Director Weisberg – Meeting held on August 29th. Meetings are posted on the
website.
3. Legislative – Chair Ptacek – MSBA and AMSD are developing legislative platforms. A meeting will be
scheduled of the work group and we are developing a timetable of legislative important events. SEE meeting
scheduled on Sept 20th with Bill Morris speaking.
4. Policy – Director Stivland – Policy Work Group met this past Tuesday and met previously on the open forum
questions. Reviewing mandatory policies by the state and those with annual review. Will then go back and
work through other policies. Work Group meetings are open meetings. Board needs to define what the
expectations if a board member is in the audience. Next meeting is October 1.
5. Personnel – Director Pearson – No meeting.
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C. Board Member Reports
1. Director Pelletier – Involved in the Pollution Prevention group with Anderson Windows as a representative from
the school district. Anderson is expanding in Cottage Grove and adding 125 new jobs. Concern with the
Working Group meeting and possible quorum and would appreciate more discussion. Request for finance to
discuss cuts we recently had and where they fit into the future budget. Nikhi Kumaran and Abdulaziz Mohamed
wanted to wish every well and having a lot of fun at the UofMN and wish new student representatives luck.
2. Director Riehle – Opportunity to attend Ready Set Go at Afton Lakeland which was a really great experience.
Attended Design Team meeting. Point out that Skyward and Schoology are available in app form which is
convenient for parents. Shared information of attendance at a legally open and posted board meeting on
August 29.
3. Director Weisberg – Attended the Community Design Team meeting and it was very encouraging. Attended
the first Partnership Plan Meeting of the year. As board liaison will be attending the Grant Committee.
4. Director Pearson – Request to look into Open Forum speaker with transportation issues for the homeless
students. Superintendent Pontrelli will follow-up. Attended Back to School nights and thank staff for all their
work.
5. Director Stivland –SAHS performance of Hamluke was voted Best Play and Best Technical Production at the
International Festival Fringe in Edinburgh, Scotland. The Fall Fund Drive for the Intermediate District 916
Education Foundation is going on.
6. Director Burns – The theatre group worked very hard and has made Stillwater proud. Thank staff,
administration and families for making the Ready Set Go conferences as well as back to school nights
successful and educational. Statement for the Chair and board members for a reminder of the board’s
educational goals and responsibilities. Work toward fulfilling the goals we read at the meeting.
XIII. Adjournment
A. The meeting adjourned at 8:27 p.m.
Respectfully submitted, Sarah Stivland, school board clerk.
Agenda Item: IX.E
Date Prepared: August 29, 2019
ISD 834 Board Meeting
Agenda Item: Additional Transportation Facility Design
Meeting Date: September 12, 2019
Contact Person: Kristen Hoheisel, Executive Director of Finance and Operations
____________________________________________________________________________________________
Background: As part of the Stillwater Area Public Schools – 2019 Bus Facility Improvements project, the District will
be connecting to the City of Lake Elmo’s sanitary sewer, storm water and water supply systems. These public
utilities and infrastructures are to be provided as part of a greater development project to this area. Because the
planned development has not progressed, interim changes will be necessary for the District’s student transportation
provider to occupy the facility. As a result, additional civil engineering design and coordination will be needed.
Larson Engineering has an existing agreement dated December 21, 2018 and executed on January 2, 2019. This
agreement provides civil engineering services for the 2019 Bus Facility Improvements which includes construction
documents, bidding and construction administration/inspections in the amount of $38,800.
Larson Engineering has provided a proposal to make necessary design changes and track construction costs
associated with the delayed public utilities connections. Since the scope is not clear, Larson Engineering is
proposing to proceed on an hourly basis not to exceed $5,000 to make design changes and track construction costs
needed to accommodate the use of the facility until the public utilities are made available for connection.
Based on the need to occupy the Transportation Facility prior to public utilities being available, Administration
recommends proceeding with the proposal from Larson Engineering, Inc.
Location(s): Bus Facility
Project Name: 2019 Bus Facility Interim Design Changes
Fund: Building Construction Fund
Item: Interim Utility Design Changes
Cost: Proceed on an hourly basis not to exceed $5,000 plus additional charges for mechanical and electrical fees if
required.
____________________________________________________________________________________________
Recommendation:
Approval of the Consent Agenda will be requested.
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Larson Engineering, Inc.
3524 Labore Road
White Bear Lake, MN 55110-5126
651.481.9120 Fax: 651.481.9201
www.larsonengr.com
August 23, 2019
Mr. Anthony Willger
Stillwater Area Public Schools
1875 South Greeley Street
Stillwater, MN 55082
RE: Additional Civil Engineering Services
2019 Bus Facility Improvements
Mr. Anthony Willger,
As requested, Larson Engineering, Inc. (LEI) is pleased to submit the following proposal to
provide additional civil engineering services for the 2019 Bus Facility Improvements for the
Stillwater Area Public School District. These additional services are related to design and
construction changes resulting from the delay by others regarding the installation of the City
water and sanitary sewer services for the property.
PROJECT DESCRIPTION
Stillwater Area Public Schools purchased the property at 11530 Hudson Boulevard North in Lake
Elmo, Minnesota which includes a small gravel-surfaced parking lot and an office/maintenance
building. The parking areas will be expanded to accommodate the school bus maintenance and
parking needs of the School District. Operations from the existing school bus facility located at
5288 Stagecoach Trail North in Stillwater, Minnesota will be relocated to this new property after
the improvements are completed.
As part of the proposed improvements, the existing building will be connected to the new City
sanitary sewer, storm water and municipal water supplies when these new utilities are installed as
part of a separate development which includes the re-alignment of Hudson Boulevard. However,
the City’s project has been delayed such that the new City water, storm sewer, and sanitary sewer
will not be installed before the School District needs to occupy this facility. Therefore, changes to
the design to accommodate use of the facility until those City utilities are installed will be
necessary.
Larson Engineering will work with Stillwater Area Public Schools and the contractor to come up
with the most viable and cost-effective ways to address the various concerns related to the delay
in City utility installation. Since the scope of work cannot be well defined at this point in time,
we proposed to provide our additional services on an hourly basis, not to exceed $5,000.
ENGINEERING FEES
Larson Engineering will perform these requested services in accordance with our standard Terms
and Conditions and the hourly rates provided below. Most of the anticipated re-design work will
be performed by a Design Engineer, a CADD Technician, and reviewed and coordinated by the
Project Manager.
PROPOSAL
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Additional Civil Engineering Services
2019 Bus Facility Improvements
August 23, 2019
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Principal $225.00/hr Graduate Engineer $140.00/hr.
Project Manager $155.00/hr. CADD Tech $99.00/hr.
Registered Engineer $152.00/hr. Clerical $60.00/hr.
Design Engineer $140.00/hr. Technician/Intern $95.00/hr.
Should mechanical or electrical changes be required, consultants providing these services will
provide independent proposals for the various aspects of their work directly to the School
District.
REMARKS
We very much appreciate the opportunity to work with Stillwater Area Public Schools on this
project. Please review our proposal and if acceptable, please sign one copy and return it to us as
our authorization to proceed. If you have any questions, please call us at 651-481-9120.
Sincerely,
Larson Engineering, Inc.
Greg A. Buchal, P.E.
Project Engineer
PROPOSAL ACCEPTANCE:
Please proceed with the services described above:
ACCEPTED BY:
SIGNATURE:
TITLE:
DATE:
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Additional Civil Engineering Services
2019 Bus Facility Improvements
August 23, 2019
3 of 3
TERMS AND CONDITIONS
1. Invoicing and payment: Invoices shall be rendered monthly in proportion to services
performed. Full payment is due within 30 days of invoice unless other terms are
specifically determined in writing.
2. Interest and Unpaid Balance Due: If any payment is not paid by Client when due, the
unpaid balance shall accrue interest at one and one-half percent (1.5%) per month until
paid. (Annual effective rate = 18%).
3. Attorney Fees and Collection Costs: In the event it becomes necessary for LEI to refer
an unpaid account to any attorney or collection agency, then in addition to any amount
due to LEI, LEI will be entitled to recover its costs of collection, which includes
reasonable attorney fees. In the event of any litigation arising from or related to the
services provided under this Agreement, the prevailing party will be entitled to recovery
of all reasonable costs incurred, including staff time, court costs, attorneys’ fees and other
related expenses.
4. Document Ownership: All original calculations, sketches, building models and/or
construction documents (Documents) prepared by LEI shall remain the property of LEI
unless other terms in writing are agreed upon by both parties. Any copies of Documents
held by Client shall be considered instruments of professional services. Client shall not
reuse or make any modifications to Documents without the prior written authorization of
LEI. Client agrees, to the fullest extent permitted by law, to indemnify and hold LEI
harmless from any claim, liability or cost (including reasonable attorney’s fees and
defense costs) arising or allegedly arising out of any unauthorized reuse or modification
of Documents by Client or any person or entity that acquires or obtains Documents from
or through Client without the written authorization of LEI.
5. Information Provided by Others: LEI shall indicate to Client the information needed
for the rendering of services hereunder. Client shall provide to LEI such information as
is necessary for LEI to perform the Scope of Work defined above. LEI shall be entitled
to rely upon the accuracy and completeness of said information. As such, Client agrees,
to the fullest extent permitted by law, to indemnify and hold LEI harmless from any
claim, liability or cost (including reasonable attorneys’ fees and costs of defense) for
injury or loss arising or allegedly arising from errors, omissions or inaccuracies in the
information provided by Client to LEI.
6. Agreements: This Proposal represents the entire agreement between Client and LEI and
supersedes all previous oral and written agreements on the subject project. LEI shall not
be held to the terms of any other agreements or contracts, unless expressly made part of
this agreement and amended in conformance with the Terms and Conditions of this
Proposal.
7. Site Visitations: Site visits during construction included within this Proposal, are for the
purpose of determining whether the construction work associated with this Proposal is in
accordance with the Contract Documents. These Site Visits shall not constitute
responsibility on the part of LEI for construction means and methods nor safety
precautions and shall not relieve the Contractor of any responsibilities in conjunction
with their work unless specifically stated within the Scope of Work of this Proposal.
8. Liability: The amount of liability will be limited to the amount of our fee.
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