HomeMy WebLinkAbout#11 - Stillwater School District Bus Facililty CUP Revocation STAFF REPORT
DATE: 5/5/2020
TO: City Council
FROM: Ken Roberts, Planning Director; Ben Prchal, Planner
AGENDA ITEM: Stillwater Area Public Schools - Conditional Use Permit Revocation (11530
Hudson Boulevard)
REVIEWED BY: Kristina Handt, City Administrator
Jared Shepherd, Hoff Barry, P.A.
BACKGROUND:
On October 23, 2018, Stillwater Area Public Schools (“School District”) purchased the property at 11530
Hudson Boulevard (“Property”) in Lake Elmo for use as a school bus terminal from the developer, EN
Properties, LLC (“Developer”). 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 rezoning the property to Business Park and the City approved. (Ex.1.) The
School District also applied for a zoning text amendment to allow “bus terminal” as a conditionally
permitted use within the Business Park zoning district. (Ex. 6.) On July 17, 2018, the City approved a
Conditional Use Permit (CUP) by Resolution 2018-077. The Resolution would 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. (Ex. 1.) 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. 1.) (emphasis added.)
At the time of the CUP approval, the City Council approved the Preliminary and Final Plat to allow the
Four Corners development, which included the bus terminal Property. (See Ex. 6.) The Developer was
also required to enter into a Developer’s Agreement with the City. The Developer and the City negotiated
that Agreement dated October 22, 2018, which required the Developer to build the water and sewer
infrastructure and bring it to the Property. To date, the Property remains unconnected to sewer and water.
On July 11, 2019, the School District entered into a Site Improvement Agreement with the City to govern
its construction of improvements required by the CUP. Their improvements included landscaping,
stormwater management, and drainage facilities, grading, utility work, plumbing, and water main
installation.(Ex. 21.)
The School District installed a fire suppression system within the building on site and paved over
approximately 3.8 acres of previously Agricultural land to the north of the building for its bus parking lot
(i.e. its primary use)
In Fall 2019, the School District began utilizing the property as its bus terminal. (Exs. 9, 10, 11.) The
Interim Use Permit did not govern their use of the Property because it terminated, by its terms, upon the
rezoning of the property in July 2018. (Exs. 5, 6.)
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. (Ex. 11.) After a series of meetings, on January 21, 2020
the City Council voted to deny the CUP Amendment request 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 another application for an Amendment to their Conditional Use Permit. The Planning Commission
held a public hearing on that application on April 13, 2020 and voted to recommend that the City Council
adopt an Amendment to the CUP to allow the School District to continue to use the Property for the school
bus terminal and install a permanent septic system by August 30, 2020. The City Council will consider the
CUP Amendment application at its meeting on May 5, 2020.
The City Council held a public hearing to consider compliance with the conditions of the Conditional Use
Permit on April 21, 2020. After the close of the public hearing, the Council discussed the matter, and then
voted 4-1 to direct staff to prepare a resolution within the findings supporting revocation of the Conditional
Use Permit – Res. 2018-077 for review and potential adoption at the next Council meeting.
ISSUE BEFORE THE CITY COUNCIL:
Whether to adopt Resolution 2020 - 043, which provides findings and a decision to revoke the Conditional
Use Permit for the property at 11530 Hudson Boulevard?
PROPOSAL DETAILS/ANALYSIS:
Applicants: City Council
Property Owners: Stillwater School District
Location: 11530 Hudson Boulevard North (PID# 36.029.21.43.0001)
Request: Conditional Use Permit – Revocation
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)
Comprehensive
Plan Guidance:
BP – Business Park
Page 2
Applicable
Regulations:
City Code Title III, Chapter 10,
City Code Title XV, Chapter 154
CONDITIONAL USE PERMIT:
CUP Application and Grant:
The City Council granted the School District a CUP to operate a School District Transportation Center on
July 17, 2018 after rezoning the property to Business Park. Per the City’s Comprehensive Plan, Business
Park is a sewered Zoning District. 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. 4.)
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. 6.)
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. 6.)
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 an objection to 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. 1.)
Current Conditions:
Page 3
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.
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. That case has not been resolved.
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. 11.)
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.” Id. The site is
currently served by a temporary septic tank, supplemented by temporary toilets (i.e. “porta potties”.)
According to Washington County, the temporary septic has not been permitted by Washington County.
(Exs. 16-7.) The School District has provided an e-mail dated October 25, 2019 which they claim
constitutes approval and the basis for Ms. Hoheisel’s representation. (Ex. A.) The e-mail does not mention
the word “approval” and states that if certain questions are satisfied, Washington County can continue with
the permitting process, not that such permit will be approved by the County. The recent letter from
Washington County regarding the inadequacy of the temporary septic suggests that the permit would likely
have been denied by the County.
The attached Focus Engineering Memorandum, dated March 19, 2020 further discusses the School
District’s compliance with the CUP, including the following improvements which are not complete:
Hudson Boulevard Improvements, a Traffic Impact Study regarding the CSAH15-Hudson Boulevard
intersection, and Storm Water Management Plans and Improvements. (Ex. 15.)
Staff finds that the School District is operating its Transportation Center in violation of the following
conditions within its CUP:
Condition 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 plan memos regarding the Stillwater Transportation Center
have been addressed; the Four Corners 1st Addition Plat has been recorded.
Condition 3 – The applicant must obtain all other necessary City, State, and other
governing body permits prior 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.
Condition number 9 – The property shall be connected to City sewer and water prior to the
operation of the bus terminal.
Page 4
Additionally, City Code Section 10.99 (highlighted below) provides that a City may void an approval (e.g.
a conditional use permit) if a person violates or fails to comply with a term or condition of the approval or
knowingly makes or submits a false statement, document, or material omission in connection with an
application or procedure required by the City Code.
Further support and findings can be found in Resolution 2020-043, provided with this Report.
Applicable City Code Provisions:
City Code Section 154.106 Condition Use Permits, J. states:
“Revocation. Failure to comply with any condition set forth in a condition use permit, or any other
violation of this chapter, shall be a misdemeanor and shall also constitute sufficient cause for the
termination of the conditional use permit by the City Council following a public hearing conducted in
accordance with 154.102 of this Article.”
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
(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.
. . .
(5) Action prohibited by division (A) above may, at the option of the city, void a city approval
that is related to the violation.
FISCAL IMPACT:
City attorney fees may be incurred to enforce a revocation and to ensure the Property is not being utilized
as a bus terminal, or to defend a subsequent legal challenge brought by the School District.
OPTIONS:
The Council may adopt Resolution 2020-043; or
The Council may vote to table the issue; or
The Council may vote to deny revocation of the Conditional use Permit (Resolution 2018-077).
CITY STAFF:
City Staff Comments/Recommendation:
Consistent with direction from the City Council, Staff recommends adoption of Resolution 2020-043.
Page 5
ATTACHMENTS:
• Exhibit 1 – Resolution 2018-77
• Exhibit 2 – City Code Section 10.99 Penalties
• Exhibit 3 – City Code Section 154.106 Conditional Use Permits
• Exhibit 4 – Narrative for Conditional use Permit Stillwater Area Public Schools, April 30, 2018
• Exhibit 5 – Consent Agreement/Interim Use Permit
• Exhibit 6 – Staff Report, July 17, 2018, Agenda Item: # 17
• Exhibit 7 – 2018 Stillwater Bus Facility Improvements
• Exhibit 8 – Focusing Engineering Memorandum, May 30, 2018
• Exhibit 9 – Stillwater Area Public Schools School Board Meeting Minutes, Sept. 12, 2019
• Exhibit 10 – Stillwater Area public Schools Sept. 12, 2019 School Board Meeting Agenda Item
• Exhibit 11 – November 5, 2019 – Stillwater Area Schools Amended CUP Application letter
• Exhibit 12 – Resolution 2020-004
• Exhibit 13 – January 30, 2020 Letter to City Council
• Exhibit 14 – Photographs of 11530 Hudson Boulevard North, March 17, 2020
• Exhibit 15 – Focus Engineering Memorandum, March 19, 2020
• Exhibit 16 – E-mail from Dee Dee Armstrong, Feb. 20, 2020
• Exhibit 17 – E-mail from Gary Bruns, Washington County Department of Public Health and
Environment, March 17, 2020
• Exhibit 18 – E-mail to and from Jake Depuy, Minnesota Department of Labor and Industry, March
9, 2020
• Exhibit 19 – 2030 Comprehensive Plan (Excerpts)
• Exhibit 20 – E-mails between City Staff and School District.
• Exhibit 21 – Letter from Washington County, April 1, 2020
• Exhibit 22 – Stillwater School Bus Facility Site Work Agreement, July 11, 2019.
• Exhibit 23 – Memorandum, Scott Qualle to Kristina Handt, April 20, 2020
• Exhibit 24 – E-mail, Scott Qualle to Kristina Handt, April 20, 2020
• Exhibit 25 – E-mail, DOLI to Kristina Handt, April 21, 2020
• Resolution 2020-043
School District submitted Exhibits:
• Exhibit A – E-mail chain, dated October 25 2019
• Exhibit B – E-mail, Ken Roberts to Kristin Hoheisel, October 4, 2019
• Exhibit C – E-mail, Kristina Handt to Kristin Hoheisel, April 16, 2019
• Exhibit D – Approvals
• Exhibit E – Focus Engineering Memorandum, May 9, 2019
• Exhibit F – Resolution 2018-076
• Exhibit G – Focus Engineering Memorandum, March 19, 2020 (highlighted)
• Exhibit H – Development Agreement, Oct. 22, 2018
• Exhibit J – Stormwater Management Documents
Reference:
Staff Report, dated April 21, 2020
Page 6
CITY OF LAKE ELMO
RESOLUTION NO. 2020-043
A RESOLUTION REVOKING THE CONDITIONAL USE PERMIT (RESOLUTION 2018-
077) ALLOWING THE USE OF THE PROPERTY AT 11530 HUDSON BOULEVARD
NORTH AS A SCHOOL DISTRICT TRANSPORTATION CENTER
WHEREAS, the City of Lake Elmo (the “City) is a municipal corporation under the laws of
Minnesota; and
WHEREAS, the City adopted its 2030 comprehensive plan in 2010 and amendments
thereto in April 2013, to guide the development of the community (“Comprehensive Plan”) (See
Ex. 19); and
WHEREAS, the City has adopted a zoning ordinance and other official controls to
implement the comprehensive plan; and
WHEREAS, Stillwater Area Public Schools – Independent School District 834, 1875
Greeley Street South, Stillwater, MN 55082 (“School District”) is the current owner of property at
11530 Hudson Boulevard North, Lake Elmo, MN 55042, Parcel ID: 36.029.21.43.0001, legally
described as Lot 1, Block 1, Four Corners (“Property”); and
WHEREAS, the School District purchased the Property on October 23, 2018 from EN
Properties, LLC (“Developer”); and
WHEREAS, prior to the School District’s purchase, the School District and the Developer
made several land use applications to the City; and
WHEREAS, on May 4, 2018, the School District applied to the City to rezone the Property
from Rural Development Transitional to BP – Business Park (“BP district”); and
WHEREAS, at the time, the School District also sought a zoning text amendment to allow
school bus terminals as a conditional use within the BP district; and
WHEREAS, the School District also sought a Conditional Use Permit to operate a school
bus terminal, i.e. a school district transportation on the Property; and
WHEREAS, the Developer sought Preliminary and Final Plat approval to subdivide the
then-existing parcel at 11530 Hudson Boulevard North to create the 11-acre Property to be
purchased by the School District; and
WHEREAS, on July 17, 2018, the City Council approved the subdivision of 11530 Hudson
Boulevard North and the creation of the Property, the rezoning of the Property to the BP district,
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the zoning text amendment to allow “bus terminals” as conditional uses in the BP district (“Land
Use Approvals”); and
WHEREAS, by Resolution 2018-077, the City approved a “Conditional Use Permit for a
School District Transportation Center for a Portion of the Property located at 11530 Hudson
Boulevard North” (“Conditional Use Permit” or “CUP”)(Ex. 1); and
WHEREAS, the CUP required, among other conditions, that “9) The property shall be
connected to sewer and water prior to operation of the bus terminal” (“Condition 9”); and
WHEREAS, the School District occupied the Property and began using it as a school
district transportation center/bus terminal in late October 2019; and
WHEREAS, the Property was not then and is not now connected to municipal sewer and
water; and
WHEREAS, on November 5, 2019, the School District applied for an amendment to
Condition 9 of their CUP as follows: “The School District may operate its bus terminal at the
property using the well and septic system (septic tank and temporary toilets) either until the School
District connects to City sewer and water or until December 31, 2020, whichever occurs first. The
School District agrees to connect to City sewer and water within 30 days after it becomes
available.” (“First Amendment Application”) (Ex. 11, p. 2); and
WHEREAS, on January 21, 2020, the City Council denied the First Amendment
Application (Ex. 12), and directed staff to institute the process for potential revocation of the CUP;
and
WHEREAS, on March 12, 2020, the School District applied for another amendment to
Condition 9 of their CUP as follows: “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.” (“Second Amendment
Application”); and
WHEREAS, on May 5, 2020, the City Council denied the Second Amendment Application;
and
WHEREAS the City Council held a public hearing on April 21, 2020 to review the
Conditional Use Permit, following mailed and published noticed as required by law; and
WHEREAS, prior to the public hearing on April 21, 2020, the School District was provided
a draft staff report notifying it of the basis for the City Council’s consideration of potential
revocation, including supporting documentation, and the School District was provided the
opportunity to submit documentation to the Council in advance of its April 21, 2020 meeting; and
WHEREAS, the City Council has reviewed any and all materials submitted by the School
District; considered any and all oral and written testimony offered by the School District and all
interested parties; considered all historical background of the Property, the City’s Comprehensive
2
Plan, and Zoning Code, and reviewed all material presented by City Staff, including reports dated
April 21, 2020 and May 5, 2020 along with presentations at its April 21, 2020 and May 5, 2020
meetings.
NOW, THEREFORE, the City Council of the City of Lake Elmo makes the
following:
FINDINGS
I. RECITALS
The above recitals are incorporated as if fully set forth herein.
II. APPLICABLE ZONING LAW AND REGULATIONS
A. Minn. Stat. § 462.351, et seq. grants the City, for the purpose of promoting
the public health, safety, morals and general welfare, the authority to regulate the
use of land within the City through zoning and other regulations.
B. City Code § 154.002 outlines the purposes of the city’s zoning code, which
include:
A. Protecting the public health, safety, comfort, convenience, and general
welfare;
B. Implementing the City of Lake Elmo Comprehensive Land Use Plan;
C. Promoting orderly development of the residential, commercial, industrial,
recreational and public areas;
Comprehensive Plan
C. The Comprehensive Plan and, specifically its Land Use Plan, has several
purposes, including:
4. The Land Use Plan is intended to be used as a basis for public
facilities planning. A major function of municipal government is planning
for and establishment of public facilities such as sewer, water, roads,
stormwater facilities, and parks. These physical improvements require
extensive initial investment and a long term maintenance commitment that
can become a financial burden when such systems are overbuilt or
prematurely installed. The Land Use Plan therefore plays an important role
in determining each neighborhood’s ultimate population, the required
capacity of public facilities, and an appropriate capital improvements
program. The level of services and facilities required by this Plan are
consistent with the exiting or planned capacity of the applicable regional
systems . . .
3
6. The Land Use Plan is intended to clearly delineate how Lake Elmo
complies with the memorandum of understanding between the City and
the Metropolitan Council. . . .
(Ex. 19, at pp. III-3.)
D. The Comprehensive Plan states that, “[t]he assigned land use designations
are intended to shape the character, type and density of future development
according to sound planning principles. Any new development, redevelopment,
change in land use or change in zoning is required to be consistent with the official
land use guidance for each parcel.” (Ex. 19, at p. III-8.)
E. Map 3-3 in the Comprehensive Plan shows the Property and surrounding
parcels guided for Business Park. (Ex. 19, at Map 3-3.)
F. The Comprehensive Plan includes a Staging Plan for the provision of
municipal water and sewer (a requirement of the City’s MOU with the Metropolitan
Council) to ensure that the City is able to deliver the required municipal services and
public infrastructure that will be needed to support new development. (Ex. 19, at p.
III-15.) Stage II contemplates, “New sewered development located west of
Manning Avenue and south of the Forest residential subdivision that will connect to
the MCES Cottage Grove Ravine regional interceptor.” (Ex. 19, at p. III-15.) Stage
II I shown on Map 3-4, and includes the Property. (Ex. 19, at Map 3-4)(See also
Map 6-1)
G. Importantly here, the Comprehensive Plan notes the following about the
stages subsequent to Stage 1:
The City will monitor growth by assessing market conditions, land capacity,
and the availability of public infrastructure in order to determine when
development may occur in stages subsequent to the first stage. The
acceleration of development in any of the latter stages may be permitted by
the City provided it is demonstrated that adequate public infrastructure exists
to support this development. The availability of infrastructure and any
necessary utility extensions and transportation improvements needed to
support new development will be considered in deciding whether or not to
open up the next staging area to development. In order to accelerate the
development of latter stages, there must be a commitment that the
development will pay its proportionate share of the infrastructure costs to
extend services to any new development. (Ex. 19, at III-15)(emphasis
added.)
H. The Comprehensive Plan addresses “Conditions Under which Septic
Systems are Allowed” and states, “Septic Systems are allowed for all land uses
within the City outside of the planned sewer service areas in accordance with
Chapter 4: Subsurface Sewage Treatment System Regulations of the Washington
County Development code as adopted by reference by the City of Lake Elmo. (Ex.
19, at VI-6.)
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Zoning Code
I. City Code § 154.106(A) defines a “Conditional Use” as a “land use or
development as defined by ordinance that would not be appropriate generally but
may be allowed with appropriate restrictions as provided by official controls only”
after the City makes specific findings required by that section, which include:
2. The use or development conforms to the City of Lake Elmo
Comprehensive Plan. . . .
7. The proposed use will not be hazardous or create a nuisance as defined
under this Chapter to existing or future neighboring structures.
8. 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 adequately
served by such facilities and services provided by persons or agencies
responsible for the establishment of the proposed use.
9. The proposed use will not create excessive additional requirements at
public costs for public facilities and services and will not be detrimental to
the economic welfare of the community.
J. City Code § 154.106(E) provides, in relevant part, that the, “Council may
attach whatever reasonable conditions they deem necessary to mitigate anticipated
adverse impacts associated with these uses, to protect the value of property within
the district and to achieve the goals and objectives of the Comprehensive Plan.”
K. City Code § 154.106(E) further provides,
3. In addition, conditions may include, but are not limited to, the following:
. . .
b. Regulating ingress and egress to the property and the proposed
structures thereon with particular references to vehicle and pedestrian
safety and convenience, traffic flow, and control and access in case
of fire or other catastrophe; . . .
d. Controlling the location, availability, and compatibility of utilities;
e. Requiring berming, fencing, screen, landscaping or other means to
protect nearby property; and
5
f. Requiring other conditions to create compatibility of appearance
with surrounding uses.
L. City Code § 154.1006(B) provides, “Conflict. Where the conditions imposed
by any provision of this chapter are either more restrictive or less restrictive than
comparable conditions imposed by any other law, chapter, statute, resolutions or
regulation of any kind, the regulations which are more restrictive or which impose
higher standards or requirements shall prevail.”
M. City Code § 154.005 requires that, “Except as in this chapter specifically
provides, no structure shall be erected, converted, enlarged, reconstructed or altered
and no structure or land shall be used for any purpose in any manner which is not in
conformity with this chapter.”
N. City Code § 154.106(J) provides that the City Council possesses sufficient
cause to terminate a Conditional Use Permit, following a public hearing, for
“[f]ailure to comply with any condition set forth in a conditional use permit, or any
other violation of this chapter.”
O. City Code § 10.99 provides general standards for compliance with the City
Code, including Chapter 154. City Code §10.99(A)(1)), which includes, prohibiting
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.
(c) Knowingly make or submit a false statement, document, or material
omission in connection with an application or procedure required by this
code.
P. Furthermore, City Code § 10.99(B)(5): “Action prohibited by Division (A)
above may, at the option of the city, void a city approval that is related to the
violation.
III. LAND USE APPROVALS
A. Prior to July 2018, the Property was zoned Agricultural Business Park
Holding Strict (“HD-A-BP”) and later Rural Development Transitional (“RT”).
B. The Property was subject to a Consent Agreement/Interim Use Permit
(“IUP”)(Ex. 5.) The IUP allowed the previous occupant of the Property to operate a
truck terminal at the site with a well and septic system. The Interim Use Permit
contained numerous conditions, including the following:
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C. The interim use shall be located on that portion of the Applicant’s
Property illustrated on the Site Plan. The remainder of the Applicant’s
Property shall continue to be used for agricultural purposes.
. . .
E. The Interim Use Permit is valid until the first occurring following
event:
1. For five (5) years from the date of the renewal of the Interim Use
Permit (December 2, 2019)….
3. Until a change in the City’s zoning regulations, which renders the
interim use non-conforming; or
4. Until the redevelopment of the Property for a permitted or
conditional use as allowed by the City’s zoning regulations. (Ex. 5,
pp. 2-3.)
C. At the time of the land use approvals, the School District represented that it
did not want to operate under the current Interim Use Permit (Ex. 6, p. 11.)
D. Prior to July 2018, the Property was zoned Rural Development Transitional
(“RT”). The RT designation provides landowners with interim use options as they
wait for the availability of sewer or until such time as the property owners requests
a zoning change to a new district consistent with future guided land use. (Ex. 6, p.
2.)
E. The School District requested that the Property be rezoned to the BP district,
which the land was guided for in the 2030 Comprehensive Plan. (Ex. 6, p. 2). The
BP district is considered a sewered district in the Comprehensive Plan. (Ex. 19, at
Map 6-3.)
F. In describing its use of the Property as a transportation center, the School
District stated that approximately 200 people work at the facility, with morning and
afternoon shifts of drivers and attendants, along with vehicle maintenance and
administrative staff. Hours of operation are approximately 6:00 a.m. to 6:00 p.m.
during the weekdays with occasional Saturday use. Parking for the school buses
(total of 140) transportation vans (about 20) and personal vehicles of the employees
(about 200) is provided on-site (Ex. 4.)
G. In its application for the CUP, the School District acknowledged that:
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
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the well to municipal water, the existing well would be abandoned in
accordance with Minnesota Health Department requirements. (Ex. 4, p. 2.)
H. As noted above, in July 2018, the School District also sought a zoning text
amendment to add a Bus Terminal as a conditional use in the BP District. The
addition to the BP District was approved by the City as a conditional use provided
that certain specific conditions were met, including that it must be on property of at
least 10 acres in size or more. See City Code § 154.550(O).
I. At the time of the CUP approval, the City Council approved the Preliminary
and Final Plat to allow the Four Corners development, which included the Property,
and created an 11-acre parcel for the School District. (See Ex. 6, Preliminary Plat
Application.)
J. As part of the School District’s applications, it provided a Plan for Bus
Facility Improvements, which included significant paving over the 11-acre Property,
the inclusion of stormwater ponds, a watermain easement, a 10-foot small utility
easement, and a utility plan. (Ex. 7.)
K. 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. 6.)
L. The City Engineer provided a Memorandum, dated May 30, 2018, which
was an engineering review of the plans for the Four Corners development, including
the Stillwater Bus Facility Site Plans. (Ex. 8.) The Memorandum provided
comments and recommendations for Stormwater Management, Streets and
Transportation, Municipal Sanitary Sewer, and Municipal Water Supply.
M. The CUP, i.e., Resolution No. 2018-077, includes, but is not limited to, the
following conditions relevant to the current use of the Property:
Condition # 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 plan memos regarding the Stillwater Transportation
Center have been addressed; the Four Corners 1st Addition Final Plat has
been recorded. (Ex. 1, p. 4.)
Condition # 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
8
stormwater management plan, utility plans, grading plan, street construction
plans (if required), parking lot permit, building permits, etc. (Ex. 1, p. 4.)
Condition # 9: The property shall be connected to City sewer and water prior
to operation of the bus terminal.” (Ex. 1, p. 4.)
N. The CUP does not require the School District to pay for all improvements to
the Property; it simply requires all the improvements to be constructed as a
prerequisite to the occupation and use of the Property.
O. At the time of the City Council’s consideration of the land use applications
discussed above, including the CUP, the School District’s representatives were
provided with all staff reports and the proposed CUP. The School District did not
make objection to the CUP or any of its conditions.
IV. IMPROVEMENTS SINCE CONDITIONAL USE PERMIT APPROVAL
A. The Developer and the City negotiated a Developer’s Agreement, dated
October 22, 2018, which required the Developer to build the water and sewer
infrastructure and bring it to the Property.
B. The School District closed on its purchase of the Property on October 23,
2018. The CUP was granted months before the closing and the School District was
aware of its requirements. The provision of water and sewer to the Property by the
Developer was contemplated in the Purchase Agreement between the School
District and the Developer. The City was not a party to the Purchase Agreement.
C. By e-mailed dated April 16, 2019, the City Administrator stated that, “We
are allowing you to work under the IUP (Interim Use Permit) as referenced in
Condition 2 of the CUP but that expires this year. I honestly don’t think Terry is
going to have water and sewer to you by the end of the year so then you would not
be in compliance with the terms of the CUP and you wouldn’t be able to operate it
as a school bus garage.” (Ex. 20, p. 2) (emphasis added.)
D. On July 11, 2019, the School District entered into a Site Improvement
Agreement with the City to govern its construction of improvements required of the
School District by the CUP. Their improvements include landscaping, stormwater
management, and drainage facilities, grading, utility work, plumbing, and water
main installation. (Ex. 21.) The Site Improvement Agreement addressed
improvements that were the financial responsibility of the School District.
E. The Site Improvement Agreement provides, “9. The [School District] is
responsible, at its own cost, for installing any private utilities that may be required
for the Project. The installation of such private utilities is not considered part of the
Improvements for the purposes of this Agreement.” (Ex. 22, at p. 2.) Accordingly,
the Site Improvement Agreement did not address or approve of the installation of a
fire suppression system, fire alarm system, including heat and smoke detection, and
a temporary septic system.
9
F. The Site Improvement Agreement requires: “10. The Developer shall
construct the Project and the Improvements in accordance with the Approval and all
applicable laws, rules, regulations, and ordinances and shall obtain all other permits
and permissions that may be required.” (Ex. 22, at p. 3.)
G. On July 16, 2019, the City Administrator e-mailed the School District and
their Engineer, and noted in relevant part:
Perhaps we should touch base on Terry’s project and the status of water and
sewer being extended to the site. Terry has asked for the City council to review
a change to the plans at their August work session. This may result in water
and sewer not being extended this year. I wanted to make sure you were
aware of this before moving ahead with the millions of dollars in
improvements that may not be operational without the extension of water and
sewer. (Ex. 20.)
H. Despite the City Administrator’s two warnings, the School District
proceeded with improvements both contemplated and not contemplated by the Site
Improvement Agreement.
I. The School District paved over approximately 3.8 acres of previously
Agricultural land to the north of the building for its bus parking lot (i.e. its primary
use). The School District landscaped the Property and installed a watermain and the
additional improvements below.
Fire Suppression and Fire Detection
J. The School District installed a fire alarm system, which included heat and
smoke detection.
K. The School District installed a fire suppression (sprinkler) system within the
building. (Exs. 23- 25.) That system is not connected and not available for use. (Id.)
L. According to the City’s Interim Building Official, while neither the fire
suppression nor the fire alarm system were required to be installed by the School
District the installation triggered permitting and code compliance requirements. (Ex.
23.) The Minnesota State Fire Code Section 105.1.1 provides that when work is
undertaken that it is regulated by the code (i.e. fire suppression and detection),
permits are required. (Exs. 23; 24.)
M. The fire alarm system (including heat and smoke detection) was installed
without a permit.
N. The fire suppressions system was installed pursuant to a permit. However, as
noted by the Interim Building Official, “it is a requirement of the fire code that all
installed fire sprinkler systems be maintained and operational, or they are to be
removed (if they are not required).” Specifically Minnesota State Fire Code Section
10
901.45 states, “Any device that has the physical appearance of life-safety or fire
protection equipment, but that does not perform that life-safety or fire suppression
function shall be prohibited.” (Ex. 23, at pp. 1-2.)
O. Following a March 11, 2020 inspection, on April 21, 2020 the State Fire
Marshal notified the City of Lake Elmo and the School District that (consistent with
the Interim Building Official’s review), the fire protection sprinkler system has to be
addressed and suggested several alternatives, including provision of municipal water
supply, installation of an on-site automatic water supply/tank connected to a fire
pump; installation of an additional on-site private well and pump; or demolishing
the sprinkler system. (Ex. 25, pp 3-4.) The letter noted that “Further investigation is
pending the verification of the building construction, building height and area, and
occupancy use classifications as they relate to the possible requirements for the
installation of a fire protection system.” (Ex. 25, p. 4.)
Temporary Septic Tank
P. Prior to moving onto the Property, the School District installed a temporary
septic tank and temporary toilets (i.e. porta potties).
Q. The School District admitted that the temporary septic tank was not
permitted by Washington County. Washington County confirmed that it did not
approve the temporary septic tank.
V. OCCUPATION OF THE PROPERTY
A. On August 29, 2019, the School District Board considered Agenda Item:
IX.E. related to “Additional Transportation Facility Design.” The staff report
provided, “Because the planned development has not progressed, interim changes
will be necessary for the District’s students transportation provider to occupy the
facility,” and, “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.” (Ex. 10.)
B. At that time, in August 2019, and up until November 2019, City staff was
unaware of plans by the School District to occupy the Property.
C. In Fall 2019, the School District began utilizing the property as its bus
terminal. (Exs. 9, 10, 11.)
D. In its November 5, 2019 application to amend its CUP, the School District
acknowledged that it was not occupying the Property pursuant to the IUP, stating,
“The School District applied for and received approval for the rezoning of the
property to Business Park on July 17, 2018, thereby automatically terminating the
IUP.” (Ex. 11, p. 1.)
E. Its November 5, 2019 letter stated the following:
11
It is important to point out a few significant facts:
1. The School District will complete all of the on-site improvements by
December 1, 2019, as required in its Site Improvement Agreement with the
City. . . .
2. Prior to construction, the City informed the School District that it could
request an extension of the IUP to operate at the property using a well and
septic system for a temporary period of time. Based on that direction, the
School District installed a temporary septic tank, supplemented by temporary
toilets. The existing well has been approved by the Minnesota Department of
Health and the temporary septic services have been approved by Washington
County, pending acceptance by the City and a timeline for when City
services will become available. The City and School District now know that
the IUP was terminated upon the event of the rezoning, thereby making the
extension of the IUP impossible. (Ex. 11, p. 2)(emphasis added.)
F. In the letter, the School District further opined on the temporary septic:
1. The temporary services will not be detrimental to or endanger the
public health, safety or general welfare. The existing well have been
tested and approved by MDH. The septic tank and temporary toilets
are a short-term solution and have been accepted by Washington
County, pending city approval and a timeline for connection to City
sewer. Well and septic systems have long been used in this area and the
School District’s short-term solution will not endanger the public.
G. By e-mail dated February 20, 2020, the City Administrator was alerted of a
potential issue with the temporary septic tank relied upon by the School District.
(Ex. 16.) The City Administrator reached out to the Washington County
Department of Public Health & Environment regarding the temporary septic. By e-
mailed date March 17, 2020, Gary Bruns, Environmental Program Supervisor,
stated, “The only permit we have issued the district is for the abandonment of one
old septic tank on the property. We have been told a design for a septic system will
be submitted, but we do not have that at this time.” (Ex. 17.)
H. On April 1, 2020, on behalf of Washington County, Mr. Bruns provided a
letter to the City which commented on the School District’s Second Amendment
Application. Relevant to the compliance with the CUP, the letter states:
1. The District states “The current 3,000 gallon septic tank is sufficient
to accommodate those employees.” This tank size is not sufficient as
it does not meet the requirements of MN Rule Chapter 7080 or
Washington County Ordinance # 206 requirements.
I. By e-mail dated March 9, 2020, a representative from the Minnesota
Department of Labor contacted the City Building Inspector regarding the
improvements made by the School District noting, “A structure funded for a school
12
district, of which the cost is $100,000 or more, is considered a public building. This
project would be required to be reviewed, permitted and inspected.” (Ex. 18, p. 2.)
J. The City Administrator acknowledged that, according to representations
from the School District, they installed sprinklers, fire alarms and heat and smoke
detectors (Ex. 18, p. 1.)
K. The School District continues to use the Property as a bus terminal.
L. The School District has acknowledged that EN Properties, LLC has breached
its contractual duties to the School District. (Ex. 13, p. 2.) 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,
82-CV-20-1422 (“Lawsuit”). In the Lawsuit, the School District is specifically
seeking injunctive relief to require the Developer to furnish water and sewer to the
Property. The School District asserts that it has a contractual remedy against the
Developer which would allow it to accomplish the prerequisites to occupation of the
Property as required by the CUP.
VII. CURRENT USE/VIOLATIONS OF THE CUP
The City makes the following specific findings related to the alleged violations:
A. Condition # 2. Condition No. 2 provides that the no construction or use of
the bus terminal may commence until all items as outlined in the City Engineer
Review Memo dated May 30, 2018 (i.e. Ex. 8) and all other subsequent construction
plan memos have been addressed. See also (Ex. 1.)
i. The City finds that the School District violated Condition No. 2, to
wit:
Interim Use Permit
a. Condition No. 2 provides an exception, however, if the
construction or use, is in accordance with the Interim Use Permit
approved by the City by Resolution 2014-095. But the Council finds
that the IUP did not govern their use of the Property because it
terminated upon rezoning of the property in July 2018. (Exs. 5, 6.)
The City Council finds that, at the time of the CUP application, the
School District was aware that the IUP would terminate by its terms
and represented that it had no plans to use it. (Ex. 6, p. 11.)
b. In its November 5, 2019 letter accompanying its application
for CUP amendment, the School District acknowledged that, “The
School District applied for and received approval for the rezoning of
the property to Business Park on July 17, 2018, thereby automatically
terminating the IUP.” (Ex. 11, p. 1.) The School District made this
admission, at most, a few weeks after moving onto the Property.
13
c. The School District contends that the City prompted their use
of the Property in Fall 2019 based on an e-mail from the City
Administrator to Finance Director Kristin Hoheisel. (See Ex. C.) The
Council finds that if there was a mistake as to the operative nature of
the IUP at that time, it was a mutual mistake. However, the City
Administrator warned the School District, at that time, that the IUP
would expire at the end of the year and the CUP would govern. (Ex.
C) The City Administrator provided a further warning in July 2019.
(Ex. 20.) Even if the IUP had been in place to allow their use, that
permission would have expired by December 2, 2019.
d. The invalidity of the IUP after rezoning does not invalidate
Condition No. 2 the CUP.
e. Moreover, there is not dispute that from December 2, 2019,
there is no exception for construction or use of the Property without
compliance with the City Engineer Memorandum.
Compliance with Engineering Memorandum
f. The City Engineer has provided a Memorandum, dated March
19, 2020 (Ex. 15), that addresses the School District’s compliance
with his previous Memorandum (Ex. 8.)
g. Based upon the foregoing, the Council finds that the School
District is using the Property before the following improvements
were completed:
•Hudson Boulevard Improvements (Ex. 8, p. 2, Ex. 15)
-including Traffic Impact Study (Ex. 8, p. 2; Ex. 15)
•Municipal Sanitary Sewer (Ex. 8, p. 2; Ex. 15)
•Municipal Water Supply (Ex. 8, p. 2; Ex. 15)
•Storm water management facilities (Ex. 8, p. 1; Ex. 15)
h. The School District does not dispute that the improvements
have been not been completed but blames both the Developer for not
completing the improvements and the City for requiring them.
i. The City does not dispute that items complained of are the
responsibility of the Developer. The CUP does not require that the
School District complete them. It simply requires, like any other
development or redevelopment, that the redevelopment be complete
before final occupancy. Contrary to the suggestion of the School
District, that is not an unusual practice.
j. The City further finds that the School District created the
conflict with the CUP. There would be no violation of Condition No.
2 absent the School District’s determination to move onto and utilize
14
the Property despite the prohibition in the CUP. The School District
is responsible for this violation not the City or the Developer.
B. Condition # 3. Condition No. 3 provides that the School District
must obtain all other necessary City, State, and other governing body
permits prior to the commencement of any construction activity on the
parcel.
i. The City finds that the School District has violated Condition No. 3.
a. The City finds that the School District has constructed a
temporary septic tank on the Property without a permit and that
Washington County has not approved the School District’s use of the
temporary septic tank.
b. The City also finds that the School District installed a fire
alarm (heat and smoke detection) system that required a permit under
the Minnesota State Fire Code, but failed to get a permit.
c. The City further finds that the School District’s decision to
occupy and utilize the Property renders the failure to seek the
appropriate approvals troubling. The permitting approvals are
designed to protect the health, safety, and welfare, of the employees
and persons using the Property as a transportation center as well as
the public at large. The School District is responsible for this
violation not the City or the Developer.
C. Condition No. 9. Condition No. 9 provides that the property shall be
connected to City sewer and water prior to the operation of the bus terminal.
i. This condition does not allow use of the Property under any
circumstances until connection to City sewer and water. The requirements
are unequivocal.
ii. The City finds that the School District has violated Condition No. 9.
a. The School District has used the Property since at least mid-
October 2019. The Property remains unconnected to City sewer and
water.
b. The City further finds that the School District created the
conflict with the CUP. There would be no violation of Condition No.
9 absent the School District’s determination to move onto and utilize
the Property despite the prohibition in the CUP. The School District
is responsible for this violation not the City or the Developer.
D. Based on the foregoing violations, and pursuant to City Code § 154.106(J)
and § 10.99(A)(1)(b)&(B)(5), the City has sufficient grounds to terminate the CUP.
15
E. Misrepresentation. In addition, City Code § 10.99(A)(1)(c) and (B)(5)
working together, provide that the City may void an approval if a person knowingly
makes or submits a false statement or document or knowingly makes a material
omission in connection with an application or procedure required by this Code. The
City makes the following specific findings related to the alleged misrepresentation
from the School District:
i. As found above, at the time of its occupation of the Property in
October 2019, the School District had installed a temporary septic system.
That septic system was not permitted or approved by Washington County.
ii. On November 5, 2019, the School District applied for an amendment
to the CUP to legitimize its use and occupation of the Property. The letter
stated, in relevant part, “the temporary septic services have been approved
by Washington County, pending acceptance by the City and a timeline for
when City services will become available.”
iii. The City finds that this statement was knowingly made and was false.
The septic tank was not approved by Washington County on November 5,
2019. The temporary septic tank has never been approved by Washington
County.
iv. In defense, the School District has made it clear that it does not regret
its wording; nor does it claim a mistake. Instead, it provides an e-mail from
a Washington County employee, which they claim supports their statement
that they had approval from Washington County.
v. This e-mail was not provided to the City prior to the revocation
process and there was no evidence presented that City staff were aware of
the School District’s claim that City staff were a roadblock to approval.
Even if City staff had approved the use of temporary toilets and provided a
timeline for extension of City sewer and water (which would not have been
possible at that time), the e-mail itself states, “If we can get those things, we
should be able to move forward with the permitting process.” (Ex. A, p. 2)
(emphasis added.) The e-mail does not mention the word “approval” or
suggest that if those two issues were satisfied that the tank was approved by
Washington County.
vi. In addition to the fact, admitted by the School District, that the septic
tank was not permitted or approved at that time, the April 1, 2020 letter from
Washington County (Ex. 21) casts significant doubt on the proposition that it
would ever have been approved. The County noted that, “[t]his tank size is
not sufficient as it does not meet the requirements of MN Rule chapter 7080
or Washington County Ordinance # 206 requirements.”
vii. At best, given the e-mail provided by the School District, the phrasing of
the sentence, purposefully made, concealed the truth that the permitting
process was not complete pending acceptance by the City and a timeline for
16
when City services will become available. The City also finds that this
statement, knowingly made, contains a material omission by suggesting that
approval was fait accompli.
viii. This omission was material because the School District was relying
on it to convince the City to approve their use of the Property, which was in
conflict with the clear dictates of the CUP conditions. Furthermore, the
School District suggested that “[t]he temporary septic services will not be
detrimental to or endanger the public, health, safety, or general welfare.”
The purpose of permitting and approval by Washington County, the entity
with expertise on this subject, is to ensure adequate safety for employees of
the School District and the public at large.
ix. The City finds that this knowingly false statement and material
omission were related to the approval, i.e. the CUP.
F. Based on the foregoing misrepresentation, and pursuant to City Code City §
10.99(A)(1)(c)&(B)(5), the City has sufficient grounds to void the CUP.
DECISION
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE ELMO, MINNESOTA, based upon the information received and the above Findings, that
the City Council of the City of Lake Elmo hereby revokes, terminates, and voids the Conditional
Use Permit for the Property previously granted by Resolution 2018-077.
BE IT FURTHER RESOLVED, the School District must discontinue its use of the Property
as a School District Transportation Center (bus terminal) by May 29, 2020, the last scheduled day
of the 2019-2020 school year.
This resolution was adopted by the City Council of the City of Lake Elmo on this 5th day of May
2020, by a vote of ____ayes and ____nays, as follows:
VOTE Pearson Bloyer Dorschner McGinn Nelson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
17
By: _____________________________________
Mike Pearson, Mayor
ATTEST: ____________________________________
Julie Johnson, City Clerk
18
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
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
§ 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)
2
3
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.
4
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.
5
STAFF REPORT
DATE: 7/17/2018
REGULAR
ITEM #: 17
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Zoning Map Amendment, Preliminary and Final Plat, Bus Terminal Ordinance
Zoning Text Amendment, and Conditional Use Permit
REVIEWED BY: Ben Gozola, Consultant Planner
Soren Mattick, Campbell Knutson
BACKGROUND:
The City has received a set of applications from Stillwater Area Public Schools (Kristen Hoheisel) and
Terry Emerson requesting consideration of the following four (4) items:
1) A Zoning Map Amendment to re-zone a portion of the subject property to Business Park;
2)Preliminary and Final Plats to subdivide the property located at 11530 Hudson Boulevard North;
3)A Zoning Text Amendment to allow "bus terminal" as a conditionally permitted principal use
within the Business Park Zoning District; and
4) A Conditional Use Permit to operate a school district transportation center on the subject
property.
ISSUE BEFORE COUNCIL:
The Council is being asked to hold a public hearing and make recommendation on each of the four
requests beginning with the broadest issue (zoning district change) and working towards the most specific
(approval of a CUP to allow operation of a bus terminal). As all four of the applications are generally
linked, denial of any individual request may impact the Council’s decision(s) on subsequent requests.
PROPOSAL DETAILS/ANALYSIS:
Applicants: Stillwater Area Public Schools (Kristen Hoheisel), 1875 Greeley Street South,
Stillwater, MN 55082 (Zoning Map Amendment, Zoning Text Amendment,
and Conditional Use Permit) and Terry Emerson, 2204 Legion Ln Cir N, Lake
Elmo, MN 55042 (Preliminary and Final Plat)
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Council Meeting 7/17/2018 Item #17
Page 2
Property Owners: EN Properties, LLC (Terry Emerson), 11530 Hudson Boulevard North, Lake
Elmo, MN 55042
Location: 11530 Hudson Boulevard North (PID# 36.029.21.43.0001)
Request: Zoning Text Amendment, Preliminary and Final Plat, Zoning Map
Amendment, and Conditional Use Permit.
Existing Land Use: Trucking Terminal – sales, repairs, and service of diesel trucks
Existing Zoning: RT - Rural Development Transitional
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)
Comprehensive
Plan Guidance:
BP – Business Park
Deadline(s) for
Action:
Application Complete – 5/4/2018
60 Day Deadline – 7/3/2018
Extension Letter Mailed – At request of Applicant – extended to July 29, 2018
120 Day Deadline – N/A
Applicable
Regulations:
Chapter 153 – Subdivision Regulations
§154.210 – Off-Street Parking
Article XIV: Commercial Districts
§154.258: Landscape Requirements
ZONING MAP AMENDMENT
The applicant is seeking approval to rezone a portion of the subject property (11 acres of approximately
63.73 total acres) from RT (Rural Development Transitional) to BP (Business Park). The RT designation
provides landowners with interim use options as they wait for the availability of sewer, and/or until such
time as a landowner requests a zoning change to a new district consistent with the future guided land use.
In this case, the land in question is guided for Business Park both within the current 2030 Comprehensive
Plan and within the draft 2040 Comprehensive Plan. Therefore, staff does find it would be appropriate to
approve the requested rezoning if that is the desire of the landowner. Note that if the rezoning is
ultimately approved but subsequent applications are denied, the applicant will be consulted as to whether
this change should still occur, or whether the zoning change application will be withdrawn.
Council Meeting 7/17/2018 Item #17
Page 3
Recommended Condition of Approval.
1. That the Four Corners 1st Addition Preliminary and Final Plat obtain approval from the
City.
PRELIMINARY AND FINAL PLAT
Purpose. The preliminary and final plat portion of this application package assumes the City
approves the requested zoning map amendment to BP. If the rezoning failed, this application fails
due to the inability to meet minimum RT zoning standards. If the rezoning was approved, the
following analysis will apply:
Minimum Lot Size Requirements. The following table outlines how the lot dimension and setback
requirements of the Business Park zoning district are met by the requested lot layout.
Lot Dimension Requirements, Business Park District
Standard Required Proposed
Minimum Lot Area 2 acres 11 acres
Minimum Lot Width 200 feet 670 feet
Minimum Lot Depth - 715feet
Parkland Dedication. The City requires $4500 per acre for commercial subdivisions. The proposed
subdivision will create one new lot of 11 acres. Therefore, it is recommended that a condition of approval
require the applicant to pay $49,500 ($4500 X 11 acres) in park dedication fees for this development
should the plan move forward.
As staff did not identify any ways in which the proposed lot layout would be deficient to minimum
zoning standards, we are recommending the requests can be approved. Note that if the Preliminary and
Final plats are ultimately approved but subsequent applications are denied, the applicant will be consulted
as to whether this application should still move forward, or whether it will be withdrawn.
City Engineer Review.
Stormwater Management
• State and Valley Branch Watershed District 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.
• 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.
Council Meeting 7/17/2018 Item #17
Page 4
• 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.
Streets and Transportation
• A traffic study should be required as a condition of approval 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 Boulevard traffic
signal/realignment should be considered. In addition, the study is needed to determine if an
eastbound left turn lane along Hudson Boulevard is also needed at the site access.
• No additional right-of-way dedication is required unless an eastbound turn lane is required as
determined by the traffic study. A 10-foot utility corridor easement for small utilities must be
dedicated ot the City along the north boulevard of Hudson Boulevard.
• Hudson Boulevard must be improved per the City design standards to an urban section on the
north side of the street including a westbound right turn lane to the site, a 4-foot shoulder (curb
section), a 9-foot boulevard, and 10-foot shared use bituminous trail with 2-foot clear zone.
Municipal Sanitary Sewer
• 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. The
site plans/application indicates a new sewer service line connecting to future sanitary sewer but
does not address the extension of 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 and must stub sewer to adjacent parcels.
• Sanitary sewer is available along Hudson Boulevard near the MCES Meter Station. The sanitary
sewer trunk size will need to be determined based on the 2040 Comprehensive Plan.
• Sanitary sewer capacity demands including the number of residential equivalency units (RECs)
based on the Met Council SAC determination policty should be provided and account for all land
uses and connections to the sewer system including bus wash wastewater.
• Existing sanitary sewer utility easements along Hudson Boulevard and the new commercial street
corridor must be shown on the plans and plans 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
• Because the property is located in the MUSA, provisions for connecting to the municipal water
supply must be included.
• The applicant will be responsible for extending municipal water to the property at the applicant’s
cost, and 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
Council Meeting 7/17/2018 Item #17
Page 5
across adjacent properties. The watermain extension to the site will likely be a 12-inch trunk
watermain.
• The applicant shall provide water capacity demands including average day use, peak day use, and
fire suppression demands. All demands should be included, including potable drinking water, bus
washing operations, etc. in order to evaluate eater 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.
• Hydrants will be required to be placed at the direction of the Fire Department, and all fire
hydrants shall be owned and maintained by the City.
Recommended Findings.
1. That the Four Corners preliminary and final plat is consistent with the Lake Elmo Comprehensive
Plan and the Future Land Use Map for this area.
2. That the Four Corners preliminary and final plat complies with the minimum lot frontage and
area requirements of the City’s BP – Business Park zoning district.
3. That the Four Corners preliminary and final plat complies with the City’s subdivision ordinance.
4. That the Four Corners preliminary and final plat meets other City zoning ordinances, such as
landscaping, erosion and sediment control, and other ordinances, provided comments outlined in
the City Engineer Review Memo dated May 30, 2018 are met; or as may be amended due to
changes in the site plan or proposed use.
5. That the Four Corners preliminary and final plat is consistent with the City’s engineering
standards provided final plans are updated to address the City Engineer’s comments documented
in a letter dated May 30, 2018; or as may be amended due to changes in the site plan or proposed
use.
6. The land being subdivided is legally described as:
S1/2-SE1/4 EXC WEST 2 RODS EXC TO HWY EXC HWY PARCEL 44 MN DOT R/W PLAT #82-35 SECTION 36
TOWNSHIP 029 RANGE 021
7. That the Four Corners preliminary and final plat will create one new lot of 11 acres to be legally
described as Lot 1, Block 1, Four Corners; and three outlots: A (46.64acres), B (5.01 acres), and C
(1.08 acres).
Recommended Conditions of Approval. Staff recommends the following conditions be attached to any
approval of the Four Corners Preliminary and Final plats:
1) The property shall be rezoned to BP – Business Park.
2) The applicant shall pay a fee in lieu of parkland dedication in the amount of $4500 per acre of the
newly created lot (11 acres X $4500 = $49,500 total) prior to any formal City authorization.
Council Meeting 7/17/2018 Item #17
Page 6
3) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney and approved by the City Council
that delineates who is responsible for the design, construction, landscaping, and payment of
the required improvements for the Four Corners Final Plat with financial guarantees
therefore.
4) Final grading, drainage and erosion control, sanitary sewer and stormwater management, street
and utility construction plans shall be submitted, reviewed and approved by the City Engineer,
meeting City Engineering Design Standards, prior to the recording of the Final Plat. All changes
and modifications to the plans requested by the City Engineer in a memorandum dated May 30,
2018 and all subsequent memorandums regarding the plans shall be incorporated into these
documents before they are approved.
5) 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
building permits, conditional use permits, etc.
6) Any plans for construction on the newly created parcel must comply with the Lake Elmo Design
Standards Manual and specific general site considerations and development standards for specific
uses within the Business Park District.
7) The site plan is subject to a storm water management plan meeting State, Valley Branch Watershed
District and City rules and regulations. All applicable permits must be obtained. Maintenance
access roads meeting City engineering design standards must be provided for all storm water
facilities.
8) Stormwater facilities shall remain privately owned and maintained. The applicant will be required
to execute a Stormwater Maintenance and Easement Agreement in the City’s standard form of
agreement.
9) A Traffic Impact Study shall be completed and submitted in order to determine timing and extent
of improvements required for the CSAH 15 and Hudson Boulevard intersection realignment and
traffic signal improvements as well as the need for an eastbound left turn lane along Hudson
Boulevard for site access. Additional right-of-way along Hudson Boulevard may be required if the
eastbound left turn lane is required.
10) 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 four foot shoulder (curb
reaction), a nine foot boulevard, and a ten foot shared use bituminous trail with two foot clear zone.
11) Provisions for connecting municipal sanitary sewer service and for connecting to the municipal
water supply must be provided on submitted plans. The applicant shall be responsible to extend
and connect to the City sanitary sewer system and municipal water at the applicant’s sole cost and
extend such services to adjacent properties. The applicant shall be required to obtain easements
Council Meeting 7/17/2018 Item #17
Page 7
from adjacent properties in order to extend water. A detailed description of the sanitary sewer and
water capacity demands shall be provided.
12) Hydrants will be required to be placed at the direction of the Fire Department, and all fire
hydrants shall be owned and maintained by the City.
13) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to its execution by City Officials.
ZONING TEXT AMENDMENT
Purpose. The zoning text amendment being requested would allow "bus terminals" as a
conditionally permitted principal use on properties zoned Business Park. If approved, the applicant
would seek a conditional use permit to authorize a permanent bus terminal on the subject property.
What’s currently in the Zoning Code Regarding Bus Terminals?
• Definition of Local Transit 154.012.B.12. The Zoning Code defines bus terminals as local
transit:
o “Local Transit. Establishments primarily engaged in furnishing local and suburban
passenger transportation, including taxicabs, passenger charter services, school
buses, and terminals (including service facilities) for motor vehicle passenger
transportation.”
o Currently, local transit is not an allowed use within any of the zoning districts.
• Parking Standards for Local Transit. The Zoning Code sets forth the following minimum
o “2 spaces per 3 employees on the largest shift, based on maximum planned
employment.”
• Local Transit is currently not an allowed use within any Zoning District as indicated by the
list of Permitted, Conditional, and Interim Uses within the Commercial Zoning Districts.
Intent of Business Park Land Use/Zoning District within the Comprehensive Plan and Zoning Code.
The 2030 Comprehensive Plan states that “the Business Park land use category is intended to encourage
the creation of significant employment centers that accommodate a diverse mix of office and light industrial
uses and jobs. Specific desired attributes of this land use include a diversity of jobs, high development
densities and jobs per acre, high quality site and building architectural design, and increased tax revenues
for the community. Office, office showroom/warehousing, research and development services, light and
high-tech electronic manufacturing and assembly, and medical laboratories are typical uses appropriate
for this land use category. Some retail and service uses may be allowed as supporting uses for the primary
office and light industrial uses of the employment center.”
Council Meeting 7/17/2018 Item #17
Page 8
While this proposal does create a significant number of jobs per acre (200 jobs on about 11 acres of
property), the jobs it is creating don’t really fit in to the category of types of jobs this land use category is
intended to have (office and light industrial uses and jobs). Additionally, a bus terminal does not necessarily
fit in to the category of "high quality site and building architectural design." It also does not fit in to any of
the described uses appropriate for this land category. Finally, it would not add to increased tax revenues for
the community since it would be tax exempt.
The Draft 2040 Comprehensive Plan states that Business Park (BP) areas are to “…provide for a wide
variety of professional businesses such as medical and research facilities, offices, and corporate
headquarters. Uses specifically excluded from existing business park areas include warehousing,
manufacturing, distribution, assembly and truck terminals. Retail sales of goods and services are allowable
uses by conditional use permit provided such uses are goods and services for the employees of the permitted
business use. This category excludes any residential use.”
While truck terminals are not exactly the same as local transit in that truck terminals provide tax base, they
are similar in assumed site layout and traffic, noise, etc. Trucking terminals are currently a conditional use
within the BP – Business Park zoning district and have not been explicitly disallowed per the current
Comprehensive Plan. The draft 2040 Comprehensive Plan will exclude such a use within the Business Park
land use if the plan in its current draft form is ultimately adopted.
The Zoning Code states the following about the BP Business Park/Light Manufacturing District: “The
purpose of the BP District is to provide areas for attractive, high quality business park development
primarily for office, high quality manufacturing and assembly, and non-retail uses in developments which
provide a harmonious transition to residential development and neighborhoods by: 1) Conducting all
business activities and essentially all storage inside buildings; 2) Consisting of high quality and attractive
buildings which blend in with the environment; 3) providing open space, quality landscaping and berming;
4) including berming and buffering of parking, loading docks and other similar functions; and 5) protecting
and enhancing the natural environment; and 6) providing users with an attractive working environment
that is unique in the eastern metropolitan area with immediate access to I-94.”
A bus terminal does not necessarily provide a harmonious transition to residential development and
neighborhoods as most business and activities are conducted outside, not inside buildings. While there are
limited peak traffic times, there is a significant amount of traffic at those peak times. There will be only one
building which is existing and will not be remodeled. There is opportunity to provide berming and buffering
on the site should this move forward.
Recommendation. Due to guidance of the current 2030 and draft 2040 Comprehensive Plans as well as
the Zoning Code, staff would not recommend that bus terminals be an allowed use (conditional nor
permitted) within the Business Park Zoning District due to the following findings:
1. That the procedures for requesting a Zoning Text Amendment are found in the Lake
Elmo Zoning Ordinance, Section 154.105.
2. That all the submission requirements of said Section 154.105 have been met by the
Applicant.
Council Meeting 7/17/2018 Item #17
Page 9
3. That the proposed Zoning Text Amendment includes the following components:
a. That local transit be a conditional use within the Business Park zoning district.
4. The Current comprehensive plan calls for Business Park areas to become "significant
employment centers," and bus terminals do not provide significant employment relative to
acreage needed for the use;
5. Business Park areas are to include uses with "high quality site and building architectural
design," and bus terminals will typically include neither quality by the nature of the use;
6. Business Park land is meant to generate increased tax revenues for the City, and public bus
terminals are tax exempt;
7. The use is specifically excluded from Business Park areas in the draft comprehensive plan
anticipated to move forward for approval by the end of 2018;
8. The Zoning Code calls for Business Park areas to provide a harmonious transition between
the City's commercial areas and its residential areas, and a bus terminal with outdoor storage
of busses is antithetical to that goal;
9. The Zoning Code calls for Business Park activities to occur inside of buildings, and bus
terminals by their nature include outdoor use and storage of vehicles;
10. The applicant's request to make bus terminals a conditionally permitted use cannot
overcome all of the listed problems in findings 4 through 10 via conditions (as proposed or
otherwise).
Possible Standards. It should be noted that motor freight and warehousing, which is defined as follows:
“establishments engaged primarily in either the storage or shipment of goods and materials, including
terminal facilities for handling freight, and maintenance facilities in which the trucks (including tractor
trailer units) involved with the operation of the business are stored, parked and serviced. Materials within
a warehouse or terminal facility may be combined, broken down, or aggregated for trans-shipment or
storage purposes where the original material is not chemically or physically changed,” (this includes truck
terminals) are a conditional use currently within the Business Park zoning district. A bus terminal is quite
similar in use to that of a truck terminal, though the definitions in the Zoning Code differentiate the two. It
is also recognized that the development of this property would prompt the extension of City services to this
area. If the Council disagrees with staff and believes that bus terminals are an appropriate use within areas
guided for Business Park, staff would recommend the City only adopt narrowly tailored language to
preclude bus terminals from certain Business Park areas in order to limit the number of bus terminals
allowed in the City and to minimize impact to adjacent properties. If the Council goes this route, staff
would suggest the following standards accompany any such change:
Council Meeting 7/17/2018 Item #17
Page 10
1. The use shall be limited to a school district transportation center, owned by a public school
district, serving as a bus terminal for buses and vans which transport passengers to and from
schools or between school programs and community residences.
o This provision would limit “local transit” to bus terminals and not allow, as per definition
from the zoning code, taxicab terminals, passenger charter services, etc.
2. The property on which the use is located must be located within one half mile of property owned
and used by a public school district for an active school or school administration building.
o The property on which the bus terminal is being proposed would be the only parcel on the
east side of the City that is guided for Business Park and that is within one half mile of
such school property.
3. Must be on a property of at least 10 acres in size or more.
o There are parcels on the west side of the city that are zoned Business Park that are in
within one half mile of school district land, but none of those parcels meet a ten acre
minimum and therefore could not qualify for use as a bus terminal.
4. Must be sufficiently screened, as determined by the City, from adjacent properties through
techniques such as berming and landscaping.
o This condition would provide the City with authority to determine the level and location of
screening needed to hopefully ensure an acceptable separation of uses.
5. Accessory uses to bus terminals may include an office and routine maintenance of operable school
buses including but not limited to washing and fueling.
o This condition would ensure the site is used as a hub for a bus operation, but would not
become a major maintenance center for inoperable vehicles in the bus fleet.
CONDITIONAL USE PERMIT
Purpose. The conditional use permit application would seek to utilize the previous text amendment
and allow a "bus terminal" on a portion of the subject property. Failure of the previous
application(s) to be approved will likely preclude approval of this application.
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Existing Conditions. The applicant is planning to re-locate the existing bus terminal on the property that
was previously operating as Rihm Kenworth at 11530 Hudson Boulevard N in Lake Elmo, MN (see below).
Current Interim Use Permit. The property currently operates under an interim use permit which was
granted by Resolution No. 2014-095, which allows a bus/truck terminal. This interim use permit will expire
on December 2, 2019, and may be renewed with approval by Council. It will terminate when any portion
of the property is rezoned or when public sanitary sewer is provided on site. The consent agreement states
that the remaining portion of the property must be used for agricultural purposes and that the interim use
shall terminate upon any redevelopment of the property for a permitted or conditional use. There has been
discussion of the eastern portion of this property developing, being provided sanitary sewer, and no longer
being used for agricultural purposes. Therefore, the applicant does not want to operate under the current
interim use permit.
Current Building. The 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. It was then used by Kenworth
Diesel Trucks for sales, repairs and service of diesel trucks.
Current Bus Terminal Operation. The current bus terminal operates in Oak Park Heights within
Stagecoach in the Old Junker Landfill.
Proposed Operation and Jobs Created. School buses for the Stillwater School District will be parked at
this facility when not in use, and routine maintenance will be performed at this facility, including washing
and fueling. The existing building will be used for office workers (dispatch, payroll, safety manager, etc.);
a home base for drivers to check in and out, training, assignments, and mechanical work (repair and
maintenance on buses). Approximately 200 people would work at the facility, with morning and afternoon
shifts of drivers and attendants. Hours of operation would be from about 6:00 a.m. to 6:00 p.m. during the
Future planned bus
terminal area
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weekdays with occasional Saturday use for limited special school district transportation needs. There would
be parking provided for school buses (140 spaces), transportation vans (approximately 20), and employees’
personal vehicles (approximately 200).
Why this Location? The location is adjacent to major traffic corridors and routes within this area of the
City of Lake Elmo. The School District has proposed this location as opposed to a location located adjacent
to lower volume roads so as to create less impact. Peak bus traffic times will be limited to morning hours
(7:00 a.m. to 9:00 a.m.) and afternoon (2:00 p.m. to 4:00 p.m.).
Setback and Impervious Surface Requirements. The following table outlines how the proposed use
adheres to the setback and impervious surface requirements of the Business Park Zoning District. All of the
proposed requirements are met. The property to the north is guided for Business Park in both the current
(2030) and proposed (2040) Comprehensive Plan Land Use Plan, and so the required setback from
residential zones does not apply.
Setback Requirements, Business Park District
Standard Required Proposed
Maximum Height 50 feet Less than 50 feet
Maximum Impervious Coverage 75% 57%
Front Yard Setback – Building 50 feet 120 feet from existing right-of-way
line
Interior Side Yard Setback – Building 30 feet 120 feet from west side and 470
feet from east side
Corner Side Yard Setback – Building 30 feet N/A
Rear Yard Setback - Building 30 feet Approximately 445 feet
Residential Zones – Building 150 feet Approximately 445 feet
Front Yard – Parking 30 feet Approximately 60 feet from
existing right-of-way line
Interior Side Yard – Parking 15 feet Approximately 45 feet from west
side and approximately 130 feet
from east side
Corner Side Yard – Parking 30 feet N/A
Rear Yard - Parking 15 feet Approximately 32 feet
Minimum Building Floor Size 5,000 square feet 15,498 square feet
General Site Design Considerations, Commercial Districts. The following outlines how the proposed
development adheres to the City’s General Site Design considerations for the Business Park zoning district.
Circulation.
o Internal connections when feasible. The parcel to the west has an existing access owned by the
parcel to the northwest, so it does not make sense to require this. Additionally, a bus garage would
not need to access an adjacent development.
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o Curb cuts minimized. The proposed development will use an existing curb cut.
Fencing and Screening. There is a proposed chain link fence, which will be consistent with what is
currently on the property, enclosing the eastern portion of the parking lot.
Lighting Design. It is a recommended condition of approval that the applicant submit a photometric
plan that meets the requirements of Sections 150.035-150.038 of the City Code.
Exterior Storage. Exterior materials storage must be screened from view from adjacent public streets
and adjacent residential properties. It is a recommended condition of approval that the applicant
provide sufficient berming and screening of the parking lot and that the fueling area and above ground
storage tank also be sufficiently screened from adjacent properties and the public right-of-way.
Parking Lot Requirements
Surface and Drainage. It is required that in commercial districts, all areas intended to be utilized for
parking spaces for five or more vehicles be paved with a durable surface including, but not limited to,
hot asphalt, bituminous, or concrete. Additionally, industrial districts are required to be surfaced with
materials suitable to control dust and drainage. The applicant has indicated that the existing paved and
gravel parking area would remain and that the site would be expanded to provide additional gravel
surfaced parking for school buses and employee cars. It is a recommended condition of approval that
the parking area be paved as required by the Zoning Code.
Marking of Parking Spaces. Parking areas containing five or more spaces are required to be marked
with painted lines at least four inches wide. This is a recommended condition of approval.
Curbing. Open off-street parking areas designed to have head-in parking along the property line shall
provide a bumper curb or barrier of normal height. This is a recommended condition of approval.
Accessible Parking. The proposed number of parking spaces is 365, of these, 199 are proposed to be
car stalls. The Americans with Disabilities Act (ADA) requires six accessible stalls with one van
accessible stall with six accessible stalls. The proposed number of ADA stalls is six, though there does
not appear to be a van accessible stall provided.
Landscape Plans. The applicant has submitted landscape plans which include 62 Norway Spruces and 61
Colorado Blue Spruce. The existing berms would also remain. Some cursory comments on the landscape
plan include the following:
There is proposed 670 feet of street frontage on the property, requiring at least 14 trees be planted
along Hudson Boulevard. There are no trees proposed to be planted along Hudson Boulevard. This
requirement is not met.
The applicant has not submitted a Tree Preservation Plan, as is required. It is a recommended condition
of approval that this also be submitted and approved by the Landscape Architect.
Council Meeting 7/17/2018 Item #17
Page 14
It is not known whether or not the requirement that a minimum of five trees be planted for every one
acre of land developed or disturbed is met, as the applicant has not submitted a Tree Preservation Plan
as indicated above.
Parking Lot Screening Standards
Interior Parking Lot Landscaping. It is not known whether or not the parking lot meets the interior
parking lot landscaping requirements, as the applicant has not indicated what percentage of interior
parking lot area is devoted to landscaping planting areas. At least 5% of the parking lot will need to
be devoted to islands or corner planting beds and include shade trees in accordance with the table
below. Provided the parking lot contains 365 spaces as currently proposed, a minimum of 25 trees will
be required within these interior landscaped areas.
Number of Parking Spaces Minimum Required Tree Planting
0-30 None required
31-100 1 tree per 10 spaces or fraction thereof
101+ 1 tree per 15 spaces or fraction thereof
Perimeter Parking Lot Landscaping.
o Frontage Strip. A well-over 8-foot wide frontage strip is provided between parking areas and
public street as required for parking lots with over 100 spaces. There is a berm that is already
located along Hudson Blvd which screens the parking lot.
Screening. Screening is required to provide visual and noise separation of intensive uses from less
intensive uses. The property to the west is used as exterior storage, and it is unknown what the property
to the east will be used as. It is recommended that the screening be provided from the property to the
west and east that consists of either a masonry wall or fence in combination with landscape material
that forms a screen at least six feet in height and at least 90% opaque on a year-round basis and include
at least one deciduous or coniferous tree per 40 linear feet along the property line.
Lake Elmo Design Guidelines and Standards. The property is located within the I-94 district, and
therefore must adhere to the Lake Elmo Design Guidelines and Standards. As previously indicated, the
applicant has proposed to use the existing building. The building generally adheres to Lake Elmo Design
Guidelines and standards in that the building does not have a blank façade, the window and door styles
reflect the prevailing architecture style of the structure, there is variety in building façade through a change
in materials, high quality and durable materials are used in street facing facades, and the building is
constructed of pre-cast concrete.
Storage Tank. There is a provision in the Zoning Code that requires that the Council permit uses associated
with the bulk storage of over 2,000 gallons of diesel after finding that fire, explosion, or water or soil
contamination hazards are not present that would be detrimental to the public health, safety, and general
welfare and that the Zoning Administrator require the development of diking around the tanks, suitably
sealed to hold a leakage capacity equal to 115% of the tank capacity. The proposed fueling area contains
Council Meeting 7/17/2018 Item #17
Page 15
an above ground storage tank that will store 8,000 gallons of diesel. Staff has contacted the Minnesota
Pollution Control Agency (MPCA), and the only requirement they have is for their Aboveground Storage
Tank (AST) Program is that the applicant fill out an AST Notification of Installation or Change in Status
Form informing the MPCA of when the tank has been “closed” from the former location and when it has
been moved to the new location. It is a recommended condition of approval that the applicant fill out this
form both times (when removing it from the former location and when installing it in the new location) as
required by the MPCA.
Bus Washing. The applicant has indicated on the application that the property use will include washing
buses. The applicant has indicated that the buses will be washed at the facility’s wash bay and that waste
water from the wash bay will run in to an oil separator with all of the shop drains, which will go in to a
holding tank, which is then disposed of by a sewer transport service. The oil separator is then emptied and
maintained by a licensed transporter. The applicant indicates that once the septic system is converted to the
municipal sewer system that the wastewater will go directly to the treatment plant after passing through the
oil separator, and the oil separator will be emptied and maintained by a licensed transporter. The disposal
of this water is addressed in the engineering comments.
City Engineer Review. This can be referenced in the Preliminary and Final Plat section of this report.
Fire Chief and Building Official Review. The biggest concern that was provided from the Fire Chief and
Building Official is that the building is sprinklered yet not hooked up to City water. It is a recommended
condition of approval that the property be serviced by City sewer and water prior to the operation of the
bus terminal.
Staff Recommendation. Due to recommended denial of the zoning text amendment request due to its
inconsistency with the Comprehensive Plan and recommended findings outlined below, which are required
for a conditional use permit, staff had recommended denial of the requested conditional use permit to
operate a school district transportation center at a portion of the property located at 11530 Hudson Blvd N
based on the following:
1. 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. With over 200 employees
and a use that requires both employee trips in and out of the facility each day as well as
two bus trips in and out of the facility each day, the use will generate a significant amount
of traffic.
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The
property is guided for Business Park. While the proposal does create a significant number
of jobs per acre, the parcel will be tax exempt, as it will be owned by the school district. It
also does not fit in to the described uses appropriate for this land category. Finally, it does
not propose high quality site and building architectural design, which, per the
Comprehensive Plan, is a trait this land use category should have.
3. 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
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Page 16
use and design to a bus terminal, and the surrounding parcels are mostly vacant and
undeveloped. However, the surrounding area is planned for uses such as offices,
showroom/warehousing, research and development, manufacturing and assembly, and
medical laboratories, which are not compatible uses with a bus terminal.
4. The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter. There are no specific development standards for this use listed in Article 7.
The use does not comply with many parking lot, screening, and landscape standards of the
Zoning Code.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standards for such use listed in Chapter 150, §150.250 through 150.257
(Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located
outside the 0.2% annual chance floodplain.
6. 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. The proposed project is a
redevelopment/repurposing of an existing site, to which minimal improvements are
proposed, and will not significantly change the existing character of the area. Operations
are not within a building and so would not meet the intended character of the
neighborhood.
7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures. The proposed use will create a significant amount
of traffic, at least at certain times of the day.
8. 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.
The property is within the Metropolitan Urban Service Area (MUSA) and therefore should
be required to be provided by city sewer and water. The application did not detail
provisions to connect to City sewer and water. 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
stormwater management plan meets all City, State, and Valley Branch Watershed District
requirements.
9. 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.
The use may require the prompt need for the CSAH 15/Hudson Blvd traffic
signal/realignment, for which the City will be required to share 25% of the cost. It is not
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yet known if the applicant’s stormwater management plan meets all City, State, and Valley
Branch Watershed District requirements.
10. 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, which may generate
excessive production of traffic.
11. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. Traffic congestion may be created
from the significant number of trips to the site the use would generate.
12. The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. N/A
Recommendation Findings for Approval. The Planning Commission recommended approval and the
following findings and conditions of approval:
1. 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.
2. 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.
3. 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.
4. 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.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use
meets all the specific standards for such use listed in Chapter 150, §150.250 through
150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The
property is located outside the 0.2% annual chance floodplain.
6. 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
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and will not change the essential character of that area. While the proposed project is a
redevelopment/repurposing 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.
7. 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.
8. 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 stormwater management
plan meets all City, State, and Valley Branch Watershed District requirements.
9. 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.
10. 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.
11. 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.
12. The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. N/A
Recommended Conditions of Approval. If the Council wishes to recommend approval, staff recommends
the following conditions:
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 Corners Preliminary & Final Plat (Stillwater
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Transportation Center) dated May 30, 2018 and all other subsequent construction plan 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 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 of Installation 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 determine 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 the sewer system including bus
wash wastewater as well as include potable drinking water, bus washing operations, etc.
12) Applicant shall 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.
Planning Commission Review. The Planning Commission held a public hearing and considered the
requests for a zoning map amendment, preliminary and final plat, zoning text amendment and conditional
use permit at its June 18, 2018 meeting. No public comments were received prior to the meeting, and no
one from the public spoke at the meeting.
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During the meeting, the applicant’s representative explained that they have been working with the City,
offering to pay the water accessory charge, for a number of years. The applicant believes that the
development will help bring water and sewer to the site. It is anticipated that the development will spur
other development which will generate higher taxes. The school district also explained that a school bus
terminal creates quality public services. The location is ideal, as their district spans a number of miles, and
this is a more centralized location for their students.
The Planning Commission was supportive of all of the requests and believed that the requests would spur
development and bring City services to the area. They indicated that the City should not wait for a better
opportunity to come along. They were concerned that the condition that the parking lot be paved and
brought to City standards was a burden to the applicant, but it was explained that these are City standards
and must be met unless a variance is granted. The Planning Commission recommended approval of all four
requests with a vote of 4-0.
FISCAL IMPACT:
If approved and recommended conditions of approval are adopted, the applicant will be required to pay
sewer and water availability charges and will be responsible at its sole cost for bringing sewer and water to
the property and extending it to adjacent properties. Maintenance of streets, trails, sanitary sewer mains,
and other public infrastructure should be considered. The City will collect Sewer Accessibility Charges
and Water Accessibility Charges, building permit fees, and property taxes
OPTIONS:
The Council may:
• Approve the requests for a zoning map amendment to rezone a portion of the property located at
11530 Hudson Blvd N and for the Four Corners preliminary and final plat to subdivide the property
located at 11530 Hudson Blvd N and deny the requests for a zoning text amendment to allow local
transit as a conditional use within the Business Park zoning district and for a conditional use permit
to operate a school district transportation center on a portion of the property located at 11530
Hudson Blvd N with staff recommended findings and applicable conditions of approval.
• Approve the requests for a zoning map amendment to rezone a portion of the property located at
11530 Hudson Blvd N and for the Four Corners preliminary and final plat to subdivide the property
located at 11530 Hudson Blvd N and deny the requests for a zoning text amendment to allow local
transit as a conditional use within the Business Park zoning district and for a conditional use permit
to operate a school district transportation center on a portion of the property located at 11530
Hudson Blvd N with amended findings and applicable conditions of approval.
• Deny all requests with findings to support denial for the Four Corners preliminary and final plat
and zoning map amendment.
• Approve all requests with staff-drafted findings and conditions of approval.
• Amend any recommended findings and conditions of approval and approve all requests with
amended findings and conditions of approval.
RECOMMENDATION:
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The Planning Commission recommends approval of the requests for a zoning map amendment, preliminary
and final plat, zoning text amendment, and conditional use permit:
“Move to adopt Ord. 08-244 approving the request from Stillwater Area Public Schools for a Zoning
Map Amendment to rezone Lot 1, Block 1, Four Corners from Rural Development Transitional to
Business Park, subject to recommended condition of approval.”
“Move to adopt Resolution 2018-076 approving the request from Terry Emerson for the Four Corners
preliminary and final plat to subdivide the property located at 11530 Hudson Blvd N in to Lot 1, Block
1, Four Corners, along with three separate outlots, subject to recommended conditions of approval.”
“Move to adopt Ord. 08-215 approving the request from Stillwater Area Public Schools for a Zoning
Text Amendment to allow local transit as a conditional use within the Business Park zoning district.”
“Move to adopt Resolution 2018-077 approving the request from Stillwater Area Public Schools for a
Conditional Use Permit to allow a school district transportation center at the property located at Lot 1,
Block 1, Four Corners with the conditions as recommended by Staff/with the amended conditions of
approval.”
Staff recommends denial of the zoning text amendment and conditional use permit:
“Move to adopt Resolution 2018-078 denying the request from Stillwater Area Public Schools for a
Zoning Text Amendment to allow local transit as a conditional use within the Business Park zoning
district based on recommended findings.”
“Move to adopt Resolution 2018-079 denying the request from Stillwater Area Public Schools for a
Conditional Use Permit to allow a school district transportation center at the property located at Lot 1,
Block 1, Four Corners based on recommended findings.”
ATTACHMENTS:
• Applications for Zoning Text Amendment, Zoning Map Amendment, Conditional Use Permit
and Four Corners preliminary and final plat and Narratives.
• Preliminary and Final Plat
• Engineer Memo
• Bus Terminal Plans
• Ord. 08-214 approving the Zoning Map Amendment
• Resolution 2018-076 approving the Preliminary and Final Plat
• Resolution 2018-078 denying the Zoning Text Amendment
• Resolution 2018-079 denying the Conditional Use Permit
• Ord. 08-215 approving the Zoning Text Amendment
• Resolution 2018-077 approving the Conditional Use Permit
FFE = 904.50BUILDING AREA = 15,498EXISTING GRAVEL PAVEMENTCITY WATERMAINEASEMENT10 FT SMALLUTILITY EASEMENT9620NO PARKINGNO PARKINGNO PARKING1517202022222121132020222462410,000 GALLONFUEL TANKAREA WITH LEAKCONTAINMENT (135%)(20'x45'x2' DEEP)FUEL PUMPISLAND LOCATION14' WIDE22TO REMAIN FOR PHASE 1STORMWATERPOND AREAC66C51C54C54C53C61(9 TYP)EXPANDEDSTORMWATERPOND AREA119.7'98.5'20'9'7'24'18.7'9'9'9'24'18'18'24'27'60.7'25'25'49.5'2.7'13.6'10'3'
25'25'25'36.1'2'C51C51C51C52C52C52C52C59C58C58118.7'2C568'C568'C568'34.3'C54C53C52C54CITY WATERMAINEASEMENT10 FT SMALLUTILITY EASEMENTDescriptionRev. Date2018 STILLWATERBUS FACILITYIMPROVEMENTSSTILLWATER AREA PUBLIC SCHOOLSSTILLWATER, MN 550821 06.06.18 Watershed CommentsSheet:Sheet Title:Project #:Drawn By:Checked By:Issue Date:12176010KJAGAB04.30.183524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2018 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2017\12176010 - Stillwater Bus Facility Evals\C. Design\Drawing Files\12176010 - C2.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:STILLWATER AREAPUBLIC SCHOOLS1875 SOUTH GREELEY STREETSTILLWATER, MINNESOTA 55082Client:Greg A. Buchal, P.E.Date: Reg. No.:04.30.1823793I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.2City Resubmittal3409.14.180NORTH20 4080City Resubmittal10.12.18City Resubmittal11.06.18NEW 6" BITUMINOUS PAVEMENT OVERNEW 8" CRUSHED AGGREGATE BASEOVER 24" GRANULAR BACKFILLSEE DETAIL 1/C5NEW 6" CONCRETE PAVEMENT OVERNEW 6" CRUSHED AGGREGATE BASESEE DETAIL 3/C5NEW 10" AGGREGATE OVERNEW 24" GRANULAR BACKFILLSEE DETAIL 2/C5SYMBOL LEGENDWHERE APPLICABLE, DIMENSIONS ARE FROMBACK OF CURB TO BACK OF CURB OR BACK OFCURB TO END OF STALL LINE.PAVING ANDDIMENSION PLANC2ADA STALLS REQUIRED = 6ADA STALLS PROVIDED = 6AUTOMOBILE STALLS = 177SCHOOL VAN STALLS = 20SHORT BUS STALLS = 24LARGE BUS STALLS = 123 - INDICATES STALL COUNT IN ROWPARKING STALL COUNTLOT SIZETotal Lot Size: 478,997 s.f. = 11.00 AcresBreakdown: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.fLandscaped Area Provided = 16,830 s.f.*All gravel pavement surface (existing and proposed) inPhase 1 is going to be paved in Phase 2 of the project.A timeline for Phase 2 has not yet been established butis anticipated in 2 to 3 years.*XXAutomobile parking lot to be constructed after septicdrainfield is abandoned.Entrance drive paving, and curb and gutter to matchnew construction for Hudson Blvd.12PLAN NOTES7
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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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PAGE 2 of 3
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
2 of 3
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:
27
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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PAGE 1 of 2
MEMORANDUM
Date: March 19, 2020
To: Ken Roberts, Planning Director Re: 11530 Hudson Boulevard
Cc: Chad Isakson, PE, Assistant City Engineer Stillwater School Bus Facility
From: Jack Griffin, PE, City Engineer CUP Revocation
An engineering review has been completed on the status of the Stillwater School Bus Facility CUP that was
approved per Resolution 2018‐077. Engineering has the following review comments based on the approval
resolution, and the engineering review memorandum dated May 30, 2018 that was made part of the approval by
Condition #2:
1.Hudson Boulevard Improvements. As part of the CUP approval resolution, the applicant was required to
improve Hudson Boulevard to an urban section on the north side meeting the Hudson Boulevard design
standards. These improvements were to include 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. The
attached typical section and preliminary layout was included with the CUP approval. With the delay of the
public utilities, the Hudson Boulevard improvements have not been constructed as required.
2.Traffic Impact Study. The approved CUP required a traffic impact study to determine the impacts of the
facility use on the timing and extent of improvements required for the CSAH 15 and Hudson Boulevard
intersection realignment and traffic signal improvements. It was further recommended that a financial
contribution to a CSAH15‐Hudson Boulevard traffic signal/realignment be considered. The traffic impact
analysis that was completed for the facility did not evaluate the CSAH15‐Hudson Boulevard intersection
impacts citing that the intersection improvements, including Washington County turn lane requirements
along Manning Avenue, will be constructed by the Four Corners 2nd Addition improvements. Since the
Four Corners 2nd Addition project is no longer active, the traffic Impacts to this intersection remain
unknown.
3.Municipal Sanitary Sewer. The approved CUP required the property to be connected to city sanitary sewer
prior to operation of the bus terminal. The proposed site is guided in the city’s 2040 Comprehensive Plan
MUSA boundaries requiring public sanitary sewer. Allowing the facility to operate using existing and new
on‐site wastewater facilities may hinder the city’s ability to efficiently extend sanitary sewer service to
serve this property and surrounding properties in the future.
4.Municipal Water. The approved CUP required the property to be connected to city water prior to
operation of the bus terminal. The proposed site is guided in the city’s 2040 Comprehensive Plan MUSA
boundaries requiring connection to the public water supply. Allowing the facility to operate using a
private well may hinder the city’s ability to efficiently extend municipal water to serve this property and
surrounding properties in the future.
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
15
PAGE 2 of 2
5. Storm Water Management. The approved CUP required the construction of storm water management
facilities meeting city and VBWD rules to address new and reconstructed impervious surfaces for the
internal parking areas and site improvements. These facilities remain under construction pending
verification by city staff. However, there are no longer any approved plans to address the additional storm
water management requirements that will be needed with the improvements to Hudson Boulevard along
the frontage of the Bus Terminal property. Storm water management for the Hudson Boulevard
Improvements were to be addressed through the Four Corners 2 Addition project that is no longer going
forward.
From:DeeDee Armstrong
To:Kristina Handt
Subject:Fwd: Septic Questions
Date:Thursday, February 20, 2020 9:36:07 AM
Caution: This email originated outside our organization; please use caution.
Ms Handt,
I felt that the City of Lake Elmo should be aware of what I just sent to the School Board of
834. I don’t know if you’re the right person to alert, but I hope you’ll pass it along to the
correct people.
Thank you.
DeeDee Armstrong
---------- Forwarded message ---------
From: DeeDee Armstrong <deedeeafton@gmail.com>
Date: Thu, Feb 20, 2020 at 9:25 AM
Subject: Fwd: Septic Questions
To: Denise Pontrelli <pontrellid@stillwaterschools.org>, Jennifer Pelletier
<pelletierj@stillwaterschools.org>, Mike Ptacek <ptacekm@stillwaterschools.org>, Shelley
Pearson <pearsons@stillwaterschools.org>, burnsm@stillwaterschools.org
<burnsm@stillwaterschools.org>, riehlet@stillwaterschools.org
<riehlet@stillwaterschools.org>, stivlands@stillwaterschools.org
<stivlands@stillwaterschools.org>, weisbergl@stillwaterschools.org
<weisbergl@stillwaterschools.org>
CC: Cathy Moen <moenc@stillwaterschools.org>
School Board and Superintendent,
There were some comments/posts on social media that raised by curiosity. Given the hiring of
Peter M as counsel about the bus terminal, open forum discussions, and Lake Elmo council
agenda about the CUP, I felt curious to learn more.
Here’s what I found- on page two of the request for CUP dated 11/19/19, the Director of
Finance and Operations states “the district has installed a temporary septic tank ...and the
temporary septic service has been approved by Washington County...”
I emailed and called several people at the County. I discovered that the only division within
the County that approves septics is the Department of Public Health and Environment. The
supervisor of the Environmental Programs oversees all septic approvals.
Here’s the written response by that Department about the Septic. Bottom line- the County did
NOT approve the temporary septic system as was described by the Director of Operations and
Finance to the City of Lake Elmo.
This, at face value, appears to be a costly issue. How can the District possibly present to a city
entity something that is not truthful? How can the board pursue legal action against a city
entity when the district didn’t present the truth in the first place to the city?
16
I am assuming that none of you knew of this prior to reading this. But now you have the
information. To maintain any sense of integrity, there should be swift and immediate action.
This isn’t a “rounding error”, this isn’t a misunderstanding. This is straight up deceit. This is
not a misstatement. This was sent in an official letter to a city entity. Superintendent Pontrelli,
you’re the immediate supervisor. This type of action is unacceptable. If this were a business,
the person who did this would be dismissed before the hour was out. I understand this is a
personnel issue, but lying on an application to a government entity is a big deal.
Do the right thing. Take action. Alert the City of Lake Elmo. Make a public apology. Start
moving towards integrity. And remove the person who tried to deceive a city government.
DeeDee
---------- Forwarded message ---------
From: Gary Bruns <Gary.Bruns@co.washington.mn.us>
Date: Thu, Feb 20, 2020 at 8:04 AM
Subject: RE: Septic Questions
To: deedeeafton@gmail.com <deedeeafton@gmail.com>, PHE
<PHE@co.washington.mn.us>, Rick Hodsdon <Rick.Hodsdon@co.washington.mn.us>
Ms. Armstrong:
Washington County has no records of approving a temporary septic system at 11530 Hudson Blvd.,
Lake Elmo.
-Gary
Gary Bruns | Environmental Program Supervisor
Washington County Department of Public Health & Environment
14949 62nd St N, Room 4600 | Stillwater MN 55082
From:Gary Bruns
To:Kristina Handt
Subject:RE: Septic Questions
Date:Tuesday, March 17, 2020 1:11:23 PM
Caution: This email originated outside our organization; please use caution.
Hi Kristina,
The only permit we have issued the district is for the abandonment of one old septic tank on the
property. We have been told a design for a septic system will be submitted, but we do not have
that at this time.
-Gary
From: Kristina Handt [mailto:KHandt@lakeelmo.org]
Sent: Tuesday, March 17, 2020 11:11 AM
To: Gary Bruns <Gary.Bruns@co.washington.mn.us>
Subject: FW: Septic Questions
Hi Gary,
I just wanted to follow up again and see if the school district has received approval for a temporary
septic at the bus facility since we last spoke?
Thanks,
Kristina
Kristina Handt
City Administrator, City of Lake Elmo
khandt@lakeelmo.org
651.747.3905
---------- Forwarded message ---------
From: Gary Bruns <Gary.Bruns@co.washington.mn.us>
Date: Thu, Feb 20, 2020 at 8:04 AM
Subject: RE: Septic Questions
To: deedeeafton@gmail.com <deedeeafton@gmail.com>, PHE
<PHE@co.washington.mn.us>, Rick Hodsdon <Rick.Hodsdon@co.washington.mn.us>
Ms. Armstrong:
17
Washington County has no records of approving a temporary septic system at 11530 Hudson Blvd.,
Lake Elmo.
-Gary
Gary Bruns | Environmental Program Supervisor
Washington County Department of Public Health & Environment
14949 62nd St N, Room 4600 | Stillwater MN 55082
From:Kristina Handt
To:"jake.depuydt@state.mn.us"
Cc:Toni Liljedahl; "scott.wheeler@state.mn.us"
Subject:RE: Stillwater School District Bus Parking and Maintenance Facility in Lake Elmo, MN
Date:Thursday, March 19, 2020 3:27:37 PM
Attachments:image002.png
image004.png
Executed Amended CUP Application 3-12-20.pdf
MDH Permit Stillwater Bus Facility.pdf
Sanitary Sewer Extension Permit #81267 Lake Elmo.pdf
Jake,
The city approved the CUP on July 17, 2018. We have not issued a building permit or approval for
them to occupy the building since that time. I found out in November that the school district began
occupying the facility in October. Since that time we have been going through a number of planning
applications.
I’ve attached the school districts most recent application. If you could tell me what permits we
should require of them to continue operating, it would be helpful. On pages 4 and 5 of their
application they make reference to sprinklers, fire alarms and heat and smoke detectors. Should
they have pulled a permit for those items? We don’t have any record here that they did.
The only permits from the state related to new construction activity that I am aware they have is the
MDH permit for the watermain looped through the site which they did last summer and the MPCA
sewer extension permit. I’ve attached them.
Washington County told me a week or so ago that they were alerted by DLI last summer when they
were on site for some inspections that the septic had been abandoned.
Thanks,
Kristina
Kristina Handt
City Administrator, City of Lake Elmo
khandt@lakeelmo.org
651.747.3905
From: Toni Liljedahl <TLiljedahl@lakeelmo.org>
Sent: Monday, March 9, 2020 1:54 PM
To: jake.depuydt@state.mn.us
Cc: Kristina Handt <KHandt@lakeelmo.org>; Ken Roberts <KRoberts@lakeelmo.org>
Subject: FW: Stillwater School District Bus Parking and Maintenance Facility in Lake Elmo, MN
Jake,
18
The information that I am able to give you is what I have in the permitting system.
The last permit for that address was 8/7/2015 for a sign. I am forwarding this to our city
Administrator-Kristina Handt and the Planning Director-Ken Roberts.
Thank you,
Toni Liljedahl
Building Inspector
City of Lake Elmo
651-747-3917
tliljedahl@lakeelmo.org
From: Depuydt, Jake (DLI) <jake.depuydt@state.mn.us>
Sent: Monday, March 9, 2020 1:44 PM
To: Toni Liljedahl <TLiljedahl@lakeelmo.org>
Subject: Stillwater School District Bus Parking and Maintenance Facility in Lake Elmo, MN
Caution: This email originated outside our organization; please use caution.
Hello Toni,
A KSTP news article indicates that the Stillwater School District has funded a new bus parking and
maintenance facility at a 11 acre property in the city limits of Lake Elmo, MN. The upgrade of the
parcel of land started in 2018 per the article (https://kstp.com/news/stillwater-school-district-bus-
garage-problems/5636569/).
A structure funded for a school district, of which the cost is $100,000 or more, is considered a public
building. This project would be required to be reviewed, permitted and inspected.
The dates specific to this project’s construction initiation and progress are required by our
department.
The building site is believed to be Minnesota Central School Bus, 11530 Hudson Blvd. N., Lake Elmo,
MN.
Please confirm if this is the correct site address and provide the following dates:
Date when bus garage conditional use permit was issued.
Date when building permit for the structure was issued.
Date when the building was occupied with final inspection approval from the City.
Please provide a time line of events if this is not the path this project took with building code
enforcement.
Regards,
Jake
JAKE DEPUYDT | CODE SERVICES REPRESENTATIVE |
Construction Codes and Licensing | 651-284-5963 (office) |
jake.depuydt@state.mn.us | 651-284-5749 (fax)
Minnesota Department of Labor and Industry
443 Lafayette Road N., St. Paul, MN 55155-4341 |
Phone: (651) 284-5005 | Web: www.dli.mn.gov
19
1
Jared Shepherd
From:Kristina Handt
Sent:Tuesday, July 16, 2019 2:17 PM
To:'Kristen Hoheisel'; 'Tony Willger'
Subject:Four Corners/School Bus Garage Update
Kristen and Tony,
I see that there is a pre‐con scheduled for this Thursday regarding the improvements at the bus garage. My
understanding is that also includes the watermain internal to the site. Perhaps we should touch base on Terry’s project
and the status of water and sewer being extended to the site. Terry has asked for the City Council to review a change to
the plans at their August work session. This may result in water and sewer not being extended this year. I wanted to
make sure you were aware of this before moving ahead with the millions of dollars in improvements that may not be
operational without the extension of water and sewer.
I’ll be in the office today until 4pm or tomorrow I’m available after 11am if you like to call and discuss.
Thanks,
Kristina
Kristina Handt
City Administrator, City of Lake Elmo
khandt@lakeelmo.org
651.747.3905
20
1
Jared Shepherd
From:Kristen Hoheisel <hoheiselk@stillwaterschools.org>
Sent:Tuesday, April 16, 2019 12:44 PM
To:Kristina Handt
Cc:Ken Roberts; Jack Griffin; Gregory A. Buchal
Subject:Re: Conditional use permit - bus terminal
I will call shortly. Thank you
On Tue, Apr 16, 2019 at 12:41 PM Kristina Handt <KHandt@lakeelmo.org> wrote:
Kristen,
I appreciate the compliment for Ken.
I’m worried though that this is not being interpreted correctly. We are allowing you to work under the IUP (interim Use
Permit) as referenced in Condition 2 of the CUP but that expires this year. I honestly don’t think Terry is going to have
water and sewer to you by the end of the year so then you would not be in compliance of the terms of the CUP and you
wouldn’t be able to operate it as a school bus garage.
I’m free from 1‐3pm this afternoon if you’d like to call and discuss this.
Thanks,
Kristina
Kristina Handt
City Administrator, City of Lake Elmo
khandt@lakeelmo.org
651.747.3905
From: Kristen Hoheisel <hoheiselk@stillwaterschools.org>
Sent: Tuesday, April 16, 2019 11:41 AM
To: Ken Roberts <KRoberts@lakeelmo.org>
Cc: Kristina Handt <KHandt@lakeelmo.org>; Jack Griffin <Jack.Griffin@focusengineeringinc.com>; Gregory A. Buchal
<gbuchal@larsonengr.com>
Subject: Re: Conditional use permit ‐ bus terminal
Kristina....give that man a raise. :)
Ken,
Does the photometric plan include lights throughout our parking lot because that is a requirement?
2
Kristen
On Tue, Apr 16, 2019 at 11:39 AM Ken Roberts <KRoberts@lakeelmo.org> wrote:
Kristen –
1. That is correct – the parking area shall be paved as stated.
2. Also correct – the property must be connected to City sewer and water.
3. I have a photometric plan for the site. It meets the City requirements.
Ken
From: Kristen Hoheisel [mailto:hoheiselk@stillwaterschools.org]
Sent: Tuesday, April 16, 2019 11:35 AM
To: Ken Roberts <KRoberts@lakeelmo.org>
Cc: Kristina Handt <KHandt@lakeelmo.org>; Jack Griffin <Jack.Griffin@focusengineeringinc.com>; Gregory A. Buchal
<gbuchal@larsonengr.com>
Subject: Re: Conditional use permit ‐ bus terminal
Thank you Ken!
Can you confirm that the following requirements are also needed for CUP (in addition to what is
listed above):
1. 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 ADA accessible stalls.
2. The property shall be connected to City sewer and water prior to operation of the bus terminal.
3. The applicant shall submit a photometric plan, and all lighting must meet requirements of
Sections 150.035-150.038 of this City Code. (Which we could translate to mean we need lighting
throughout our parking lot).
I appreciate your timely response.
Kristen
3
On Tue, Apr 16, 2019 at 11:26 AM Ken Roberts <KRoberts@lakeelmo.org> wrote:
Hi Kristen –
Attached is City Resolution 2018‐077 approving the CUP for the School District Transportation Center on Hudson
Boulevard.
This approval included 13 conditions that need to be met in order for the project to proceed.
In our review, there are several conditions that are not yet met or complete. They are:
#5. The city has not received the required information about the above ground storage tank.
#10. The traffic study the city received was incomplete as it did not include an analysis of the traffic impacts at CSAH
15 and Hudson Boulevard.
#11. The project narrative include information about expected SAC charges. The City will need verification of the SAC
charges from the Metropolitan Council.
#12. As for the fire hydrants, the City is preparing a site work agreement to cover the roles, responsibilities and
expectations for the public watermains and hydrants on the site. As part of that agreement, the City needs cost
estimates for all the watermain and fire hydrants that will be on the site as well as the costs of the landscaping that
will be installed on the property. The City will be requiring an escrow for 125 percent of these estimated costs to
ensure they are installed correctly.
With the watermains on the site, the City requires the property owner to dedicate to the City utility easements that
encompass those new watermains as they become public infrastructure that the City is ultimately responsible for
maintaining.
There may be other outstanding issues such as a watershed district permit, but these are the items I am aware of at
this point.
Thanks –
Ken Roberts
From: Kristen Hoheisel [mailto:hoheiselk@stillwaterschools.org]
Sent: Tuesday, April 16, 2019 10:38 AM
To: Kristina Handt <KHandt@lakeelmo.org>; Ken Roberts <KRoberts@lakeelmo.org>
Subject: Conditional use permit ‐ bus terminal
Ken and Kristina,
My school board is requesting a list of all of the items to meet the City of Lake Elmo's conditional
use permit and the timeline the city will allow to meet each of those requirements.
Is it possible to send me the list of requirements and timeline to meet those requirements? For
example, traffic study (complete), landscaping plan (complete), asphalt (2021)?
Kristen
4
A great place to live, work and play…today and tomorrow
Government Center • 14949 62nd Street North • P.O. Box 6 • Stillwater, MN 55082-0006
Telephone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246
www.co.washington.mn.us
Washington County is an equal opportunity organization and employer
Public Health and Environment
Lowell Johnson, Director
David Brummel, Deputy Director
April 1, 2020
Ken Roberts, Planning Director
City of Lake Elmo
3880 Laverne Ave. N.
Lake Elmo, MN 55042
Dear Mr. Roberts:
The Washington County Department of Public Health and Environment has reviewed the ISD 834
request for a Conditional Use Permit (CUP) amendment for property located at 11530 Hudson Blvd
North, in the City of Lake Elmo, MN and has the following comments.
The required documentation for a replacement SSTS at 11530 Hudson Blvd N, City of Lake Elmo has not
been provided to our Department for review.
Once we have received the required application and information the Department will make an
assessment as to the feasibility of the proposed subsurface sewage treatment (SSTS), septic, system.
Without a complete SSTS design, application, and permit fee, the Washington County Department of
Public Health and Environment (Department) cannot comment on whether the plan and use proposed
by the School District of Stillwater (the District) is feasible.
We would also like to provide the following corrections and additional information related to what is
stated in the CUP amendment request.
1.The District states “The current 3,000 gallon septic tank is sufficient to accommodate those
employees.” This tank size is not sufficient as it does not meet the requirements of MN Rule
Chapter 7080 or Washington County Ordinance #206 requirements.
2.In the CUP request the District states the Department has indicated the septic tank needs to be
58,000 gallons in capacity. The Department has not commented on proposed tank size
requirements.
3.Much of the site has been paved and the Utility Plan included does not indicate where the
replacement system would be located.
4.Utility Plan does not accurately depict what is currently onsite. The map shows an existing drain-
field, however this has been completely removed.
In summary, the required information to determine whether an SSTS, septic system, can be placed on
the property has not been submitted to the Department. Without this information we cannot comment
on the feasibility of a future septic system on this property. We also ask for the opportunity to receive
and review the required information prior to acting on any land-use request that would involve or
impact the use of a septic system on this property.
21
If you have any questions regarding the information above please contact me.
Sincerely,
-Gary
Gary Bruns | Environmental Program Supervisor
Washington County Department of Public Health & Environment
14949 62nd St N, Room 4600 | Stillwater MN 55082
651-430-6691 651-430-6730
Gary.Bruns@co.washington.mn.us
22
MEMO
To: Kristina Handt
From: Scott Qualle, Interim Building Official
Date: April 20, 2020
Re: 11530 Hudson Blvd.
I have reviewed the PermitWorks permit history and the physical property file. You asked me to assess
whether there had been a change of use and occupancy classification at the property located at 11530
Hudson Boulevard.
There is no Certificate of Occupancy on file in the City records. Although one should have been issued,
there is no copy on file. As a result, I have no easy way to verify the approved use classification at the
time of construction.
There is a plumbing as-built drawing in the property file for E&H Earthmoving, dated 7/22/01, which
indicates the space was to be used for office in the front 1/5 of the building and the rear portion is listed
as machinery 1 and machinery 2. In addition, the IUP applications submitted (in the property file) in
2008 & 2010 use the language “bus/truck terminal.” In the 12/1/08 IUP request, it indicates that trailer
(vehicle) storage, dispatching, minor repair and maintenance activities, and storage occurred in the
facility.
The office area would be a “B” occupancy, and the vehicle storage, other storage, and minor repair and
maintenance would be classified as “S-1” or S-2” in the back. An S-1 occupancy is a moderate hazard
storage facility which includes the repair of motor vehicles. An S-2 occupancy is a low hazard storage
facility, which includes enclosed parking garages.
I do not believe that the facility has undergone a change of use and occupancy classification that would
dictate that the Department of Building Safety reassess the building for fire suppression or alarm system
requirements to the current code. Were the building to be constructed today, the MN State Fire Code
section 903.2.10.1 would require the building to be sprinklered at 5000 ft2.
An issue that has been raised is whether a fire suppression or alarm system is 1) required, or 2) needs
permits. Because a change of use and occupancy classification does not appear to have occurred, fire
suppression or alarm systems would not have been required. However, MN State Building and Fire
Codes state that when work is undertaken that is regulated by the code, permits shall be required.
In addition, it is a requirement of the fire code that all installed fire sprinkler systems be maintained and
operational, or they are to be removed (if they were not required). MSFC section 901.4.5 states: Any
23
device that has the physical appearance of life-safety or fire protection equipment, but that does not
perform that life-safety or fire suppression function shall be prohibited.
We would allow an interim period under which the occupancy could be allowed, but at the expiration of
that period, either the systems must be fully operational, or it must be removed. Operational could be
accomplished at this site with an adequately sized connection to City water, or by the installation of an
on-site tank and fire pump.
I hope this is helpful and look forward to any other questions that you or others may have regarding this
property.
From:Scott Qualle
To:Kristina Handt
Cc:Barry Brainard; Ty Turnquist
Subject:RE: 11530 Hudson Blvd, Lake Elmo (school bus garage)
Date:Monday, April 20, 2020 10:14:59 AM
Caution: This email originated outside our organization; please use caution.
Hi Kristina,
The 2015 Minnesota Fire Code states when a permit is required for fire alarm systems.
[A] 105.1.1 Permits required
Any property owner or authorized agent who intends to conduct an operation or business, or install or
modify systems and equipment which is regulated by this code, or to cause any such work to be done, shall
first make application to the fire code official and obtain the required permit.
That would be the authority we are relying on for the requirement for a permit.
Thanks
Scott Qualle
President
MNSPECT, LLC.
Helping You Comply with the Code
From: Kristina Handt <KHandt@lakeelmo.org>
Sent: Monday, April 20, 2020 9:33 AM
To: Scott Qualle <SQualle@mnspect.com>
Cc: Barry Brainard <bbrainard@mnspect.com>; Ty Turnquist <ty@mnspect.com>
Subject: RE: 11530 Hudson Blvd, Lake Elmo (school bus garage)
Scott,
They are asking what authority we have for requiring an alarm permit. Below is a direct quote from
their email.
I’m curious what the authority is for the allegation “to the City’s knowledge” that a different alarm
permit is required? Is there a rule?
Kristina Handt
City Administrator, City of Lake Elmo
khandt@lakeelmo.org
651.747.3905
24
From: Scott Qualle <SQualle@mnspect.com>
Sent: Sunday, April 19, 2020 9:23 PM
To: Kristina Handt <KHandt@lakeelmo.org>
Cc: Barry Brainard <bbrainard@mnspect.com>; Ty Turnquist <ty@mnspect.com>
Subject: RE: 11530 Hudson Blvd, Lake Elmo (school bus garage)
Caution: This email originated outside our organization; please use caution.
Hi Kristina,
I missed this on Friday. Are they looking for clarification as to whether a permit is required or that they
need to install a fire alarm system?
Thanks
Scott Qualle
President
MNSPECT, LLC.
Helping You Comply with the Code
From: Kristina Handt <KHandt@lakeelmo.org>
Sent: Friday, April 17, 2020 11:39 AM
To: Scott Qualle <SQualle@mnspect.com>
Cc: Barry Brainard <bbrainard@mnspect.com>; Ty Turnquist <ty@mnspect.com>
Subject: RE: 11530 Hudson Blvd, Lake Elmo (school bus garage)
Scott,
The school district is asking for a rule or code that requires the permit for the alarm system.
Can you provide me with that info?
Thanks,
Kristina
Kristina Handt
City Administrator, City of Lake Elmo
khandt@lakeelmo.org
651.747.3905
From: Scott Qualle <SQualle@mnspect.com>
Sent: Tuesday, April 14, 2020 11:03 PM
To: Kristina Handt <KHandt@lakeelmo.org>
Cc: Barry Brainard <bbrainard@mnspect.com>; Ty Turnquist <ty@mnspect.com>
Subject: 11530 Hudson Blvd, Lake Elmo (school bus garage)
Caution: This email originated outside our organization; please use caution.
Hi Kristina,
I have reviewed the State Fire Marshal’s letter(s). The sprinkler permit was issued and
inspected. The permit was closed.
The remaining issues are:
The alarm system permit,
The plumbing permit to connect the building to City Water or well (with water tank and fire
pump),
To be clear, without the water supply, the building does not have an operational fire
protection system.
Thanks
Scott Qualle
President
MNSPECT, LLC.
Helping You Comply with the Code
From: Kristina Handt <KHandt@lakeelmo.org>
Sent: Tuesday, April 14, 2020 3:42 PM
To: Scott Qualle <SQualle@mnspect.com>
Subject: FW: 11530 Hudson Blvd, Lake Elmo
From: Kunst, Ryan (DPS) <ryan.kunst@state.mn.us>
Sent: Tuesday, April 14, 2020 3:36 PM
To: Kristina Handt <KHandt@lakeelmo.org>
Cc: Mike Cornell <MCornell@lakeelmo.org>
Subject: RE: 11530 Hudson Blvd, Lake Elmo
Caution: This email originated outside our organization; please use caution.
Kristina,
I will forward on the updated mailing address. Unless someone reaches out with
new contact information we are generally not aware of address or personnel
changes.
Yes, The State Fire Marshal’s Division (SFMD) issues construction permits and
conducts inspections of fire protection sprinkler systems. I performed the plan
review and an inspection for the Stillwater Bus Depot (SFMD Permit #19312).
For ease, I have attached the permit (the date of the form letter will reflect todays
date, as the software defaults to the current date) and my current inspection report
for this project.
The SFMD does not issue permits for fire alarm systems, so unfortunately I do
not have any information regarding fire alarm systems for this building. I have
provided some additional fire alarm information below; if this is not pertinent for
This message may be from an external email source.
Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations
you then feel free to skip.
There are portions of a fire protection sprinkler system that are occasional
associated with a fire alarm system, but by definition are not a fire alarm system
and do not require a fire alarm system. The most common fire protection related
supervisory items include monitoring water flow switches that indicate when
water is flowing through the system piping and electronic valve supervision that
indicates whether a valve controlling the water supply has been closed.
Providing central station monitoring of these items can be performed in concert
with a fire alarm system or a standalone Dedicated Function Fire Alarm Control
Unit panel. Not to further any confusion, but the dedicated function panel can
look exactly like a fire alarm panel, so it is common to assume the building has a
“fire alarm system,” when in fact it does not.
Paraphrasing for clarity;
· Dedicated Fire Alarm Control Unit
o Connects the various fire protection sprinkler systems items that
require electronic supervision with the building’s exterior
audio/visual device and the central station monitoring agency (like
an ADT)
o Does not have separate smoke or heat detectors throughout the
building or audio/visual devices to notify occupants to evacuate
· Fire Alarm System
o Network of dedicate wiring throughout the building with separate
smoke and/or heat detectors that use audio/visual devices to alert
the occupants to evacuate.
o Can also provide supervision of the fire protection sprinkler system
items
I realize this was most likely more information than you required, but let me
know if you have any other questions or would prefer to talk.
Sincerely,
Ryan Kunst
Deputy State Fire Marshal
Fire Protection Systems Inspector
MN Department of Public Safety
State Fire Marshal Division
Office:651-201-7217
Cell: 612-710-6178
From: Kristina Handt <KHandt@lakeelmo.org>
Sent: Tuesday, April 14, 2020 12:55 PM
To: Kunst, Ryan (DPS) <ryan.kunst@state.mn.us>
Cc: Mike Cornell <MCornell@lakeelmo.org>
Subject: 11530 Hudson Blvd, Lake Elmo
Center.
Ryan,
Interim Chief Cornell provided me your contact information as the person at the state
fire marshal’s office who reviewed and inspected plans for the school bus facility
located at 11530 Hudson Blvd. We received a copy of the attached approval from the
school district yesterday. Please note the city and fire department’s mailing address is
3880 Laverne Ave N, Suite 100, Lake Elmo, MN 55042 so we did not receive a copy of
this letter last fall since it appears to have been sent to an old address.
Can you tell me if the approval also included upgraded fire alarms and smoke and heat
detectors? Also can you tell me if the state fire marshal’s office inspected the work
after it was installed?
Thanks,
Kristina
Kristina Handt
City Administrator, City of Lake Elmo
khandt@lakeelmo.org
651.747.3905
1
Jared Shepherd
From:Kristina Handt <KHandt@lakeelmo.org>
Sent:Tuesday, April 21, 2020 3:36 PM
To:Jared Shepherd
Subject:FW: Stillwater Schools Buss Facility, 11530 Hudson Road, Lake Elmo, MN 55084 Fire
Sprinkler System
Attachments:Stillwater Bus Depot Corrective Actions Options .pdf; State Fire Marshals Office
Inspection Report # 60310-Stillwater-Bus-Facility-Lake-Elmo.pdf
From: Wheeler, Scott (DLI) [mailto:scott.wheeler@state.mn.us]
Sent: Tuesday, April 21, 2020 3:35 PM
To: Scott Qualle; Kristina Handt; Korine Land
Subject: Stillwater Schools Buss Facility, 11530 Hudson Road, Lake Elmo, MN 55084 Fire Sprinkler System
Caution: This email originated outside our organization; please use caution.
Good Afternoon Mr. Qualle, Ms. Handt, and Ms. Land:
Attached is a letter outlining the State of Minnesota Fire Marshal’s and Construction Codes and
Licensing’s list of available options for the fire protection sprinkler system currently installed at the
location detailed in the subject line above. Please note the following regarding this fire protection
sprinkler system:
A. Options 1, 2, and 3 require the interim or temporary connection of the current fire sprinkler
system to the private well.
B. Options 1, 2, and 3 require a fully functioning notification (alarm) system.
C. Permits for the work to complete any of the options noted in the attachment are to be
obtained from the City of Lake Elmo.
D. Inspections of the work in completing any option noted in the attachment are to be
scheduled with the City of Lake Elmo’s Building Safety Department.
E. Correction of the non-compliances outlined in the State Fire Marshal’s Inspection Report,
Number 60310, completed on March 11, 2020, are to be verified by the City of Lake Elmo’s
Building Safety Department, except where the current fire protection sprinkler system is
demolished. (Inspection Report, Number 60310, is attached for your convenience.)
F. Permitting and inspection records for any work required to complete A thru E above, are to
be provided to Construction Codes and Licensing and the State Fire Marchal’s
office. Permits and inspection records may be emailed to scott.wheeler@state.mn.us and
ryan.kunst@state.mn.us respectively.
If you have questions regarding the content of this email, you may contact me at 651.558.1422.
Thanks in advance for helping to resolve the non-compliances of the fire protection sprinkler system
currently installed in the Stillwater School’s Bus Facility in Lake Elmo, MN.
Respectfully,
25
2
SCOTT WHEELER | CODE SERVICES SUPERVISOR |
Construction Codes and Licensing|
651‐284‐5876 (office) ) | scott.wheeler@state.mn.us |
651‐284‐5749 (fax) | DLI‐CCLD Web: http://www.doli.state.mn.us/
Minnesota Department of Labor and Industry
443 Lafayette Road N., St. Paul, MN 55155
Phone: (651) 284‐5005 | Web: www.dli.mn.gov
EQUAL OPPORTUNITY EMPLOYER
State Fire Marshal
445 Minnesota Street • Suite 145 • Saint Paul, Minnesota 55101-5145
Phone: 651-201-7200 • Fax: 651-215-0525 • TTY: 651-282-6555
www.dps.state.mn.us
Alcohol and
Gambling
Enforcement
Bureau of
Criminal
Apprehension
Driver
and Vehicle
Services
Emergency
Communication
Networks
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Security and
Emergency
Management
Minnesota
State Patrol
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Communications
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Justice Programs
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Pipeline Safety
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Traffic Safety
State Fire
Marshal
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
April 21st, 2020
City of Lake Elmo
3880 Laverne Ave. N., Suite 100
Lake Elmo, MN 55042
Re: Stillwater Bus Facility, 11530 Hudson Road, Lake Elmo, MN 55084.
The property has an existing fire protection sprinkler system installed throughout the
parking and repair garage area. The sprinkler system was recently extended to
provide protection throughout the two levels of office/business areas. Currently, no
automatic water supply is connected to the automatic sprinkler system. A private well
and septic system is used for domestic water use, i.e., restrooms, washing buses,
etc.
As the site does not currently have a municipal water supply, there are no fire
hydrants installed in the vicinity of the property that would support a firefighting
activities. Without a fire hydrant to supply water, the fire department suppression
tactics will require water-shuttle operations utilizing on-site water tanks and fire
tenders to deliver water. Maintaining the proper water volume (gpm) to fight a
commercial structure fire is very difficult and is dependent on the number of tenders,
their water capacity, along with the distance and time it takes to refill from the nearest
fire hydrant and return to the site.
Based on information gained by the State Fire Marshal Division and the Construction
Codes and Licensing Division, we submit the following options for review in regards
to the existing fire protection sprinkler system currently installed at this location.
Options One, Two, and Three shall include the temporary connection of the sprinkler
system to the private well water supply. The volume and pressure of water
discharged onto a potential fire will be less than required by NFPA 13, Standard for
the Installation of Sprinkler Systems. This temporary arrangement ensures water is
discharged quickly onto a potential fire while alerting the monitoring company that a
fire condition exists.
1.Install underground water piping from an automatic water supply to the fire
protection sprinkler system, i.e., a municipal water supply. The pipe size shall be of
sufficient size to satisfy the current fire protection sprinkler system demand, per
NFPA 13, Standard for the Installation of Sprinkler Systems.
2. Construct an on-site automatic water supply utilizing a water storage reservoir/tank
connected to a fire pump. The water storage capacity shall be of sufficient volume to
satisfy the specified water supply duration and the fire pump shall provide the required
pressure (psi) and volume (gpm), per NFPA 13, Standard for the Installation of
Sprinkler Systems.
3. Install an additional on-site private well and pump that is capable of providing the water
pressure (psi) and volume (gpm) as required per NFPA 13, Standard for the Installation
of Sprinkler Systems. The well shall be capable to supplying the rated volume of water
for the duration of time specified in NFPA 13, Standard for the Installation of Sprinkler
Systems.
4. Demolish the existing fire protection sprinkler system in accordance with the 2020
Minnesota State Fire Code, Section 901.4.5 “Any device that has the physical
appearance of life safety or fire protection equipment but that does not perform that life
safety or fire protection function shall be prohibited.” Demolition work shall not be
performed until a fire code review can confirm the fire protection sprinkler system is not
required.
Further investigation is pending the verification of the building construction, building height
and area, and occupancy use classifications as they relate to other possible requirements for
the installation of a fire protection sprinkler system.
Respectfully,
Ryan Kunst
Minnesota State Fire Marshal Division
Deputy State Fire Marshal
1.00 Travel:0.50
651-558-3300
Item # Ref # Code Section
Days to
Correct Violation Remarks
1 ###NFPA 13
2010 24.6 0
Provide a general information sign in accordance with
Section 24.6
2 ###MSFC
2015 509.1 60
Provide approved signage for rooms containing fire
protection equipment, sprinkler risers and valves and
other fire detection, suppression or control elements.
Provide approved signage or labels
for rooms containing fire protection
equipment, sprinkler risers and valves
and other fire detection, suppression
or control elements. Provide signs at
the exterior shop door that leads to
the valve assembly.
3 ###MSFC
2015 903.4.4 60
Lock or secure all valves controlling water supplies for
automatic sprinklers in the open position (Except
valves located in a room where access is limited to
essential personnel only).
Ensure all control valves are locked or
secured in the open position, as the
valves are not located in a room with
limited access, as required by 2015
MSFC Section 903.4.4.
4 ###NFPA 13
2010 26.1 90
Inspect, test, and maintain the sprinkler system
installed in accordance with NFPA 25 at the frequency
prescribed in the MSFC.
Follow Chapter 15 of NFPA 25 for
system impairment. Provide signage
at valve assembly and FDC that
indicates the system is not in service
as there is no water supply.
5 ###NFPA 13
2010 6.2 90 Install only new sprinklers for fire protection.
In accordance with Section 6.2.9.7,
provide a list of sprinklers installed in
the property that is posted in the
sprinkler cabinet.
Agency Req.: Scheduled: Complaint: Permit/Plan Review: Owner Requested: Inspector Initiated: Consultation:
Contact E-mail:
Owner Phone:
Contractor:
License #:
Contact: Contact Name/Phone:
Contact: Contact Name/Phone:
Contact Name/Phone:
Contact E-mail:
Viking Automatic Sprinkler Co.
David McNiesh
C005
dave.mcniesh@vikingsprinkler.us
Saint Paul, MN 55130
Contact:
301 York Ave
Stillwater Bus Depot
11530 Hudson Blvd N
Property:
Inspection and Exit Interview
Insp. No.:
Inspector:
60310
Owner:
Lake Elmo, MN 55042
Contact E-mail:
Property Phone:
*Recommendations:
Kunst, Ryan L.
Occupied:
Permit No.:
Insp. Date:
Insp. Time:
19312
3/11/2020
State Fire Marshal Division
Minnesota Department of Public Safety
445 Minnesota St, Suite 145
St. Paul, MN 55101-5145
Page 1 of 2
Item # Ref # Code Section
Days to
Correct Violation Remarks
6 ###NFPA 13
2010 24.5 90
Provide a permanently marked weatherproof metal or
rigid plastic sign secured with corrosion-resistant wire,
chain, or other approved means containing all
information prescribed in this section at the valve
location of the system served.
Per NFPA 13, Section 24.5.1: Provide
weatherproof metal or rigid plastic
hydraulic calculation signs.
7 ###NFPA 13
2010 8.16 90
Install valves, drains, and protect piping in accordance
with Section 8.16.
If the valve assembly is not located
within a room, provide impact
protection in accordance with Section
8.16.5, including the use of steel
posts, concrete barriers or other
approved means.
8 ###NFPA 13
2010 7.1.1.2 90
Provide pressure gauges on each side of wet-pipe
system riser check valves.
Pressure gauges shall be installed
above and below the check
valve/double check assembly.
9 ###MSFC
2015 901.11 90
Install, replace, repair, and maintain suspended or
removable ceiling tiles in areas protected by fire
sprinkler or detector systems.
Replace the missing ceiling tiles on
the second floor office area.
10 ###NFPA 13
2010 6.2 90 Install only new sprinklers for fire protection.
Per the CPVC listing, piping shall be
installed along a smooth, flat,
horizontal fixed ceiling. Replace the
exposed CPVC piping under the steel
pan stair in the janitors closet area of
first floor, office area.
* Items that are a result of a recommendation do not require days to correct.
Please review the required correction found during this inspection. The system does not currently have a water supply, awaiting the
public utility providers to installed municipal water. If you would be so kind as to let me know when the corrections have been made,
so a reinspection can be conducted.
Inspection Remarks:
A variance procedure is available. Please contact the inspector named for further assistance with this or any other matter.
Owner/Representative:
Inspector:DSFM Ryan Kunst 651.201.7217 Ryan.Kunst@state.mn.us
Page 2 of 2
A
---------- Forwarded message ---------
From: Ken Roberts <KRoberts@lakeelmo.org>
Date: Fri, Oct 4, 2019 at 9:57 AM
Subject: Bus Terminal - 11530 Hudson Blvd.
To: Kristen Hoheisel <hoheiselk@stillwaterschools.org>
Cc: Sonsalla, Sarah J. <SSonsalla@kennedy-graven.com>
Hi Kristen –
As you are probably aware, on December 2, 2014, the Lake Elmo City Council approved a renewal for
an interim use permit (IUP) to allow a bus/truck terminal for the property at 11530 Hudson Boulevard.
This approval is memorialized in City Council Resolution 2014-095 (attached).
It is important to note that the City approval of the IUP is set to expire on December 2, 2019. Without a
request for a renewal or a time extension and the approval of such a request by the Lake Elmo City
Council, the IUP ends and the legal use of the property for a bus/truck terminal ends.
I wanted to send you this heads up so you and the Stillwater School District may start planning your
next steps for the school district buses.
Thanks –
Ken Roberts – Lake Elmo Planning Director
B
---------- Forwarded message ---------
From: Kristen Hoheisel <hoheiselk@stillwaterschools.org>
Date: Tue, Apr 16, 2019 at 12:44 PM
Subject: Re: Conditional use permit - bus terminal
To: Kristina Handt <KHandt@lakeelmo.org>
Cc: Ken Roberts <KRoberts@lakeelmo.org>, Jack Griffin <Jack.Griffin@focusengineeringinc.com>,
Gregory A. Buchal <gbuchal@larsonengr.com>
I will call shortly. Thank you
On Tue, Apr 16, 2019 at 12:41 PM Kristina Handt <KHandt@lakeelmo.org> wrote:
Kristen,
I appreciate the compliment for Ken.
I’m worried though that this is not being interpreted correctly. We are allowing you to work under the
IUP (interim Use Permit) as referenced in Condition 2 of the CUP but that expires this year. I honestly
don’t think Terry is going to have water and sewer to you by the end of the year so then you would not
be in compliance of the terms of the CUP and you wouldn’t be able to operate it as a school bus garage.
I’m free from 1-3pm this afternoon if you’d like to call and discuss this.
Thanks,
Kristina
Kristina Handt
City Administrator, City of Lake Elmo
khandt@lakeelmo.org
651.747.3905
C
443 Lafayette Road N., St. Paul, MN 55155 • (651) 284-5005 • www.dli.mn.gov
An Equal Opportunity Employer
Division of Construction Codes and Licensing
REPORT ON PLUMBING PLANS
PROJECT: ISD 834 Bus Facility Improvements 2019, 11530 Hudson Blvd N, Lake Elmo, Washington County,
Minnesota, Plan No. PB-R1906-0029
OWNERSHIP: Tony Willger, 1875 Greeley Street South, Stillwater, MN 55082
SUBMITTER: Greg Buchal, 3524 Labore Road, White Bear Lake, MN 55110
Plans Dated: April 30, 2018
Initial Date Received: June 5, 2019
Last Date Received: June 6, 2019
Date Approved: June 20, 2019
This review is limited to the provisions of the Minnesota Plumbing Code, Minnesota Rules, Chapter 4714 and
assumes the data on which the design is based are correct. Approval is contingent upon meeting the requirements
listed below. A copy of the approved plans and this report must be retained at the project location.
INSPECTIONS: All plumbing installations must be tested and inspected in accordance with the requirements of
the Minnesota Plumbing Code. The Minnesota Department of Labor and Industry (DLI) will be inspecting the
plumbing for this project. Please contact Kara Topper at 651/279-3418 for all plumbing inspections. No
plumbing work may be covered prior to inspection. The installer must verify that the required inspection fee has
been submitted before scheduling. For additional information, visit our website at:
http://www.dli.mn.gov/CCLD/PlumbingInspect.asp
REQUIREMENTS:
1.All plumbing shall be installed in accordance with the 2015 Minnesota Plumbing Code, Chapter 4714.
Unless prior authorization is granted by the Administrative Authority, all pipe, pipe fittings, traps, fixtures,
material, and devices used in the plumbing system shall meet Code Sections 301.1 and 1401.1:
a.Be listed or labeled (third party certified) by a listing agency;
b.Comply with the approved applicable recognized standards referenced in this code;
c.Be free from defects.
2.The water service must be installed at least 10 feet horizontally from any manhole, catchbasin, or other
source of contamination, measured from the outer edge of the pipe to the outer edge of the contamination
source (see Section 609.6.1). It appears that CB-3 and CB-4 are within 10 feet of the water service.
3.Sewers crossing above or less than 12 inches below a water service must be constructed of materials
approved for use within a building (see Sections 609.2, 720.1, and Table 701.1). The water service should
not contain any joints or connections within 10 feet of the crossing.
4.PVC sanitary sewers must meet ASTM D1785, D2665, D3034, F789, F794, F891, F949, or F1488 with
approved fittings (see Table 701.1 and Installation Standard 1). Only ASTM D1785, D2665, F891, or
F1488 PVC may cross above or less than 12 inches below potable water lines (see Section 720.1). Solvent
welded joints must use ASTM F656 purple primer and ASTM D2564 cement. The sewer must be installed
by open-trench on a continuous granular bed per ASTM D2321.
5.Concrete sewer pipe shall conform to ASTM C14, Class 2 (see Installation Standard 1). Reinforced
concrete (RCP) storm sewers complying with ASTM C76 may be installed only if approved by the
administrative authority as an alternate material prior to installation (see Section 301.2). Cement mortar
joints are permitted only for repairs or connections to existing lines having such joints.
D
ISD 834 Bus Facility Improvements 2019
Plumbing
Plan No. PB-R1906-0029
Page 2 of 2
June 20, 2019
6. Ductile iron pipe (DIP) water services or distribution pipes must meet AWWA C151 (see Table 604.1).
7. The water distribution system shall be disinfected per Section 609.9.
8. The plumbing system shall be tested in accordance with Sections 609.4 and 712.0.
9. Concrete manholes and sewer lines shall be tested by negative pressure per ASTM C1214-13, ASTM
C1244-11, or hydrostatically per Section 1109.2.2 (see Section 712.4).
NOTES:
1. The scope of this project consists of construction of a new building and parking area. The plumbing
installation includes water service pipe, stormwater drain pipe and structures, and sanitary sewer pipe and
manholes.
2. This facility will be served by new connections to municipal water and sewer services.
3. The current Minnesota Plumbing Code, Chapter 4714, and related information can be found at:
http://www.dli.mn.gov/CCLD/Plumbing.asp
Authorization for installation may be withdrawn not undertaken within one year. Additional recommendations or
requirements may be made if changed conditions or additional information make improvements necessary.
Approved:
Sam Padelford
Public Health Engineer
Plumbing Plan Review and Inspections Unit
651/284-5182 | Samuel.Padelford@state.mn.us
www.doli.state.mn.us/business/get-licenses-and-permits/plumbing-plan-review
cc: Greg Buchal
Tom Gunderson
Tony Willger
Kara Topper
Peterson Companies Inc.
File
PLUMBING PERMIT
PB-P1907-0028
Permit Date: 07/09/2019
Project Name
ISD 834 Bus Facility Improvements 2019
Site Address
11530 Hudson Blvd N, Lake Elmo, Washington County
Contractor: PETERSON COMPANIES INC
Applicant Name PETERSON COMPANIES INC
Address 8326 WYOMING TRL
Phone (651) 257-6864
Owner Name Tony Willger
Address 1875 Greeley Street South
Phone (651) 351-8374
Inspector Kara Topper
Phone (651) 279-3418
Plan Reviewer Samuel Padelford
Phone
Description of Work
(11530 Hudson Blvd N) Expanding parking lot to accommodate school bus transportation services.
connecting existing building to water and sanitary sewer.
Fees
Total Fees $476.00
Total Fees Paid $476.00
Total Fees Due $0.00
NOTICE
This permit is valid only for the work described and does not grant permission for additional or
related work. A separate permit may be required for work not included in the scope of this permit.
Permits become null and void if the work is not started within 180 days from the issue date and will
expire if the work is suspended or abandoned for a period of 180 days any time after the work has
commenced (see Minnesota Rule 1300.0120).
443 Lafayette Road N., St. Paul, MN 55155
(651) 284-5063 • www.dli.mn.gov
D
PAGE 1 of 1
MEMORANDUM
Date: May 9, 2019
To: Greg Buchal, Larson Engineering Re: Stillwater Bus Facility Construction Plans
Cc: Matt Woodruff, Larson Engineering
Ken Roberts, Planning Direector
Chad Isakson, Assistant City Engineer
From: Jack Griffin, P.E., City Engineer
FINDINGS: The Stillwater Bus Facility Construction Plans dated May 3, 2019 are approved for construction.
Utility connections to Hudson Boulevard sanitary sewer, watermain and storm sewer will need to be phased
and coordinated with the Four Corners 1st Addition Trunk Utility Extension project.
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
E
F
PAGE 1 of 3
MEMORANDUM
Date: March 19, 2020
To: Ken Roberts, Planning Director Re: 11530 Hudson Boulevard
Cc: Chad Isakson, PE, Assistant City Engineer Stillwater School Bus Facility
From: Jack Griffin, PE, City Engineer Amended CUP Site Improvements Review
An engineering review has been completed for the Stillwater School Bus Facility Amended CUP Application
located at 11530 Hudson Boulevard. The application was received by engineering on March 17, 2020 consisting of
the following documentation:
Letter Narrative for Amended CUP dated March 12, 2020.
Site Location Map.
Utility Plan and Enlarged Utility Plan dated March 12, 2020.
Engineering has the following review comments:
STREETS AND TRANSPORTATION
1.Hudson Boulevard Right‐of‐Way/Easement Dedication. The site was recently redeveloped and no
additional right‐of‐way dedication was required. A 10‐foot utility corridor easement was dedicated for
small utilities along the entire Hudson Boulevard frontage.
2.Site Access. The site plans constructed a paved entrance at the existing commercial driveway consisting of
dedicated right and left turn lanes leaving the site.
3.Hudson Boulevard Improvements. As part of the CUP, the applicant was required to improve Hudson
Boulevard to an urban section on the north side meeting the Hudson Boulevard design standards. These
improvements were to include 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. The attached typical
section and preliminary layout was included with the CUP approval. The amended CUP approval should
address the improvements to Hudson Boulevard per the Hudson Boulevard design standards.
4.Traffic Impact Study. The approved CUP required a traffic impact study to determine the impacts of the
facility use on the timing and extent of improvements required for the CSAH 15 and Hudson Boulevard
intersection realignment and traffic signal improvements. It was recommended that a financial
contribution to a CSAH15‐Hudson Boulevard traffic signal/realignment be considered. The traffic impact
analysis that was completed for the facility did not evaluate the CSAH15‐Hudson Boulevard intersection
impacts citing that the intersection improvements, including Washington County turn lane requirements
along Manning Avenue, will be constructed by the Four Corners 2nd Addition improvements. The
amended CUP approval should be contingent upon the city completing this traffic impact study at the
applicant’s cost, and the any recommended improvements be made a requirement of the CUP approval.
MUNICIPAL SANITARY SEWER
1.The 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. Therefore, provisions for connecting to the
municipal sanitary sewer service should be included with the application. Instead, the application makes a
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
G
PAGE 2 of 3
request for continued use of existing and proposed on‐site septic systems and drainfields until sanitary
sewer is made available to the site.
2. Consistent with current city policy it is recommended that the applicant be required to connect to the city
sanitary sewer system and to extend sanitary sewer to the property at applicant’s sole cost and stubbed
to the easterly side for future extension by others. Sanitary sewer is available along Hudson Boulevard
near the MCES Meter Station.
3. 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
facility use.
4. If the applicant is allowed to defer the extension of sanitary sewer until some future date, the applicant
should be required to sign an agreement with the following provisions:
The applicant agrees to connect to the municipal sanitary sewer when it becomes available to the
property at applicant’s sole cost, including abandonment of existing septic tanks and drain fields.
The applicant agrees to waive its right to appeal any assessments and the assessment processes
related to the extension and costs of sanitary sewer to the property.
The applicant agrees to grant permanent and temporary easements, as determined by the city
engineer, across the bus facility property, to accommodate the future extension of municipal sanitary
sewer such that Hudson Boulevard improvements are not disturbed as part of the future extension, or
the applicant agrees to waive its right to appeal any assessments and the assessment processes
related to Hudson Boulevard Improvements that are constructed as part of the extension of municipal
sanitary sewer.
MUNICIPAL WATER SUPPLY
1. The proposed facility resides within the Planned MUSA, therefore provisions for connecting to the
municipal water supply should be included with the application. Instead, the application makes a request
for continued use of a private on‐site well.
2. Consistent with current city policy it is recommended that the applicant be required to connect to the
municipal water supply system and to extend city water to the property at applicant’s sole cost and
stubbed to the easterly side for future extension by others. Municipal water is available to be extended
to the property from the Hunter’s Crossing development but will require easements across adjacent
properties.
3. The application should include 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 including
potable drinking water and bus washing operations. This information is required for staff evaluation of
the water supply system improvements needed to support the facility use.
4. If the applicant is allowed to defer the connection to the municipal water supply until some future date,
the applicant should be required to sign an agreement with the following provisions:
The applicant agrees to connect to the municipal water system when it becomes available to the
property at the applicant’s sole cost.
The applicant agrees to waive its right to appeal any assessments and the assessment processes
related to the extension and costs of municipal water to the property.
The applicant agrees to grant permanent and temporary easements, as determined by the city
engineer, across the bus facility property, to accommodate the future extension of municipal water
such that Hudson Boulevard improvements are not disturbed as part of the future extension, or the
applicant agrees to waive its right to appeal any assessments and the assessment processes related
to Hudson Boulevard Improvements that are constructed as part of the extension of municipal
water.
PAGE 3 of 3
STORMWATER MANAGEMENT
1. The approved CUP required the construction of storm water management facilities meeting city and
VBWD rules to address new and reconstructed impervious surfaces for the internal parking areas and site
improvements. A VBWD permit was issued for the improvements dated June 20, 2018. The city approved
the Stillwater Bus Facility Construction Plans dated 05.03.2019 for construction. These facilities remain
under construction pending verification by city staff.
2. The storm water improvements under construction address only the internal site improvements. The
requirement to urbanize Hudson Boulevard consistent with the Hudson Boulevard Design Standards will
require storm sewer and storm water facilities meeting city and VBWD rules.
H
I
J
www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats
wq-strm2-12 • 9/12/18 Page 1 of 9
SWPPP template
Construction Stormwater Program
Stormwater Pollution Prevention Plan (SWPPP)
Doc Type: Stormwater Pollution Prevention Plan
Instructions: This Stormwater Pollution Prevention Plan (SWPPP) template is intended to provide a means for construction sites to
comply with the General Stormwater Permit for Construction Activity. Before completing this SWPPP, you must read and understand
the requirements in the Minnesota General Stormwater Permit for Construction Activity (MN R100001) available from Minnesota
Pollution Control Agency (MPCA) website at https://www.pca.state.mn.us/water/construction-stormwater. A list of the SWPPP
requirements can be found at http://www.pca.state.mn.us/index.php/view-document.html?gid=7423. This template will help you
complete the SWPPP components required in Section 5 of the permit. Persons preparing SWPPPs are required to have had
training in preparation of SWPPPs (Section 21).
I. General construction activity information
a.Project name:2019 Stillwater Bus Facility Improvements
b.Describe the construction project location (address/city or township/county/latitude/longitude):
Address or describe area: 11530 Hudson Boulevard North
City or Township: Lake Elmo State: MN Zip code: 55042
Latitude/Longitude of approximate centroid of project: 44° 56’ 60” N, 92° 52’ 18” W
c.Describe the construction activity (type of construction, phases, timelines, potential for discharge of sediment
and other pollutants, etc.):
The project will consist of expanding the parking area of the existing facility to accommodate employee vehicles and
school bus parking. New municipal water and sanitary sewer will be provide to the existing building to replace th e existing
septic system and well. Treatment of stormwater from the building, paved parking lot and access drive will be provided by
pre-treatment sedimentation and infiltration basins.
Project type:
☐ Residential ☐ Commercial/Industrial ☐ Road construction
☐ Residential and road construction ☒ Other (describe):Educational/Bus Facility
d.Number total of acres to be disturbed:9.6 (tenths of an acre)
e.Pre-construction acres of impervious surface:2.7 (tenths of an acre)
f.Post-construction acres of impervious surface:6.3 (tenths of an acre)
g.Total new impervious surface acres:3.6 (tenths of an acre)
(Examples of impervious surface include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or
gravel roads.)
II.Receiving waters
a.List all waters within one mile (nearest straight line distance) that are likely to receive stormwater runoff from
the project site both during or after construction:
Receiving waters within one mile of project property edge:
Water body ID* Name of water body
Type
(ditch, pond, wetland, calcareous
fen, lake, stream, river)
Special water?
(See Section 23)
Impaired Water?**
(See Section 23)
NA Valley Branch Stream ☐ Yes ☒ No ☐ Yes ☒ No
☐ Yes ☐ No ☐ Yes ☐ No
☐ Yes ☐ No ☐ Yes ☐ No
☐ Yes ☐ No ☐ Yes ☐ No
* Water Body identification (ID) might not be available for all water bodies. Use the Special and Impaired Waters Search Tool at:. https://pca-
gis02.pca.state.mn.us/CSW/index.html
** Impaired water for the following pollutant(s) or stressor(s): phosphorus, turbidity, dissolved oxygen, or biotic impairment.
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b. Use the Special and Impaired Waters Search Tool to locate special and impaired waters found on the MPCA
website at https://pca-gis02.pca.state.mn.us/CSW/index.html).
NA
c. Identify adjacent public waters where the Minnesota Department of Natural Resources (DNR) has declared
“work in water restrictions” during fish spawning timeframes:
NA
d. Attach maps (U.S. Geologic Survey 7.5-minute quadrangle, National Wetland Inventory maps or equivalent)
showing the location and type of all receiving waters, including wetlands, drainage ditches, stormwater ponds
or basins, etc. that will receive runoff from the project. Use arrows showing the direction of flow and distance to
the water body.
See Attached Map
e. Identify wetland impacts:
1. Will construction result in any potential adverse impacts to wetlands, including excavation, degradation of water
quality, draining, filling, permanent inundation or flooding, conversion to a stormwater pond? ☐ Yes ☒ No
2. If yes, describe impacts and mitigation measures that were taken to address the impacts (Section 22 of the permit)
and attach to this SWPPP, copies of permits or approvals from an official state wide wetland program issued
specifically for this project or site:
N/A
f. Describe any stormwater mitigation measures that will be implemented, as a result of an environmental review,
endangered or threatened species review or archeological site review:
N/A
III. Project plans and specifications
a. Attach to this SWPPP site maps and/or plan sheets that depict the following features:
• The project location and construction limits. See Grading Plan and Erosion Control Plan
• Existing and final grades, including dividing lines and direction of flow for all pre and post-construction
stormwater runoff drainage areas located within the project limits. See Grading Plan and Erosion Control
Plan and Stormwater Calculations
• Soil types at the site. See Geotechnical Report
• Locations of impervious surfaces. See Paving Plan
• Locations of areas not to be disturbed (e.g., buffer zones, wetlands, etc.). See Grading Plan and Erosion
Control Plan
• Steep slope locations. See Grading Plan and Erosion Control Plan
• Locations of areas where construction will be phased to minimize duration of exposed soils. See Grading Plan
and Erosion Control Plan
• Portions of the site that drain to a public water with DNR work in water restrictions for fish spawning timeframes.
• NA
• Locations of all temporary and permanent erosion and sediment control best management practices (BMPs).
See Grading Plan and Erosion Control Plan
• Buffer zones as required in item 9.17 and 23.11 of the permit. NA
• Locations of potential pollution-generating activities identified in Section 12 of the permit. See Grading Plan
and Erosion Control Plan
• Standard details for erosion and sediment control BMPs to be installed at the site. See Grading Plan and
Erosion Control Plan, and Details sheets
b. List all anticipated erosion prevention and sediment control BMP quantities needed for the life of the project
(e.g., linear ft. silt fence, square feet erosion blanket, tons mulch, etc.):
BMP Bidding Quantity Final Quantity
Silt Fence 3,120 LF
Rock Construction Entrance 1 EA
Inlet Protection 5 EA
Sodding 3,575 SF
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IV. Temporary erosion prevention practices
a. Describe the types of temporary erosion prevention BMPs expected to be implemented on this site during
construction:
1. Methods of temporarily stabilizing soils and soil stockpiles (e.g., mulches, hydraulic tackifiers, erosion
blankets, etc.):
Temporary stabilization of soils will be achieved through temporary seed and mulch, hydroseeding, erosion
controls or a combination thereof.
2. Methods to be used for stabilization of ditch and swale wetted perimeters (Note that mulch, hydraulic soil
tackifiers, hydromulches, etc. are not acceptable soil stabilization methods for any part of a drainage ditch
or swale with a continuous slope of greater than 2%):
Ditch and swale wetted perimeters will be stabilized with erosion control blankets.
3. Methods to be used for energy dissipation at pipe outlets (e.g., rip rap, splash pads, gabions, etc.):
Pipe outlet energy dissipation will be achieved through rip-rap.
4. Methods to be used to promote infiltration and sediment removal on the site prior to offsite discharge,
unless infeasible (e.g., direct stormwater flow to vegetated areas):
On-site infiltration and sediment removal will be promoted through the use of grass ed swales, catch basin sumps,
and sediment basins directing runoff to an infiltration basin, and through construction sequencing. Energy
dissipation will be provided for discharges to vegetated areas.
b. Describe timelines to be implemented at this site for completing the installation of the erosion prevention BMPs
listed in i, ii, iii, and iv. (see Section 8 of the permit for minimum requirements). If applicable, include the timeline
for completing soil stabilization for areas within 200 feet of a public water with work in water restrictions due to
fish spawning time frames (item 8.4) and soil stabilization timelines for portions of the site that drain to special
or impaired waters as required in item 23.9:
Drainage swales: The last 200 feet from a property line or surface water will have normal wetted perimeter stabilized
within 24 hours.
Pipe outlets: Energy dissipation will be provided with 24 hours.
Exposed soils will be stabilized no later than 7 calendar days after construction activities temporarily or permanently
cease in that area. Stabilization will be initiated immediately on all areas.
c. Describe additional erosion prevention measures that will be implemented at the site during construction (e.g.,
construction phasing, minimizing soil disturbance, vegetative buffers, horizontal slope grading, slope
draining/terracing, etc.):
Grading operations (timing, phasing and limits) will be conducted to minimize the potential for soil erosion. Where
space is available vegetative buffers will be provided and slopes will be terraced.
d. For those projects (or portions of projects) that drain to special waters an undisturbed buffer zone of not less
than 100 linear feet from a special water (not including tributaries) must be maintained both during construction
and as a permanent feature post construction, except where a water crossing or other encroachment is
necessary to complete the project. Permittees must fully document the circumstance and reasons the buffer
encroachment is necessary in the SWPPP and include restoration activities
N/A
Rip-Rap 53 CY
Erosion Blanket 8,608 SY
Concrete Washout 1 EA
Native Prairie Seeding 96,638 SF
Infiltration Basin Seeding
(Wet Meadow)
11,510 SF
Wet Pond Seeding 34,279 SF
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e. If applicable, describe additional erosion prevention BMPs to be implemented at the site to protect planned
infiltration or filtration areas:
The infiltration basin will be constructed after upstream grading work has been done to prevent sedimentation buil d up in
the area of the proposed filtration basin. Only low impact equipment will be allowed in the filtration areas which will be
staked and marked off prior to construction starting. Diversion berms will be used to divert water away from the
proposed infiltration area. Existing vegetation surrounding the basin area will be maintained as a buffer to the extent
possible. Final grading and placement of soil media in the basin area shall not be done until the contributing drainage
area is fully stabilized.
V. Temporary sediment control practices
a. Describe the methods of sediment control BMPs to be implemented at this site during construction to minimize
sediment impacts to surface waters, including curb and gutter systems:
1. Methods to be used for down gradient perimeter control:
Down gradient perimeter control will consist of silt fencing, vegetated buffers, sediment logs or combination thereof.
The perimeter sediment control will be in place before any upgradient land -disturbing activities take place.
2. Methods to be used to contain soil stockpiles:
Temporary soil stockpiles will be surround by silt fence or covered to prevent sediment transport. Topsoil stockpiles
will be temporarily seeded or blanketed if activities are to be ceased for longer than 7 days. Stockpiles will not be
located in natural buffers, surface waters, ditches, or curb and gutters.
3. Methods to be used for storm drain inlet protection:
Storm drain inlets will be provided with inlet protect. Permanent drains will use ‘insert’-style basket systems.
Temporary or under construction inlets will use ‘insert’-style if feasible,otherwise they will use a conbination of
reinforced silt fence and straw bales or filter rock.
4. Methods to minimize vehicle tracking at construction exits and street sweeping activities:
The construction access will be provided with a washed rock pad to minimize vehicle tracking. The adjacent street
will be swept daily to remove any tracked sediments.
5. If applicable, additional sediment controls (e.g., diversion berms) to be installed to keep runoff away from
planned infiltration or filtration areas when excavated prior to final stabilization of the contributing drainage
area:
The infiltration area will be finished graded aftter upstream areas have been stabilized, and diversion berms will be
used to divert water away from this are during construction.
6. Describe methods to be used to minimize soil compaction and preserve top soil (unless infeasible) at this
site:
Construction traffic over the soils will be limited to the defined construction entrance and access routes. Where
possible, topsoil will be salvaged, stockpiled and respread upon completion of the project. Also the infiltration area
will be staked and marked to prohibit heavy construction traffic in this area.
7. Describe plans to preserve a 50-foot natural buffer between the project’s soil disturbance and a surface
water or plans for redundant sediment controls if a buffer is infeasible:
A 50 foot natural buffer will be preserved adjacent to proposed infiltration and basin areas to the extent possible
during construction. If the work encroaches the existing storm water basin as a component of the work, redundent
sediment controls will be installed.
8. Describe plans for use of sedimentation treatment chemicals (e.g., polymers, flocculants, etc.).
Conventional erosion and sediment methods will be used initially. If additional me asures warrant chemical based
controls, appllications will be in accordnace with MPCA and manufacturers recommendations.
b. Is the project required to install a temporary sediment basin due to 10 or more acres draining to a common
location or 5 acres or more if the site is within 1 mile of a special or impaired water ? ☐ Yes ☒ No
If yes, describe (or attach plans ) showing how the basin will be designed and constructed in accordance with
Section 14.
N/A
c. Will the project include dewatering, basin draining? ☐ Yes ☒ No
If yes, describe measures to be used to treat/dispose of turbid or sediment-laden water and method to prevent
erosion or scour of discharge points (see Section 10 of the permit):
N/A
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d. Will the project include use of filters for backwash water? ☐ Yes ☒ No
If yes, describe how filter backwash water will be managed on the site or properly disposed:
N/A
VI. Permanent Stormwater Management System
a. Will the project result in one acre or more of new impervious surfaces or result in one acre or more of new
impervious in total if the project is part of a larger plan of development? ☒ Yes ☐ No
b. If yes, a water quality volume of one inch of runoff from the cumulative new impervious surfaces must be
retained on site (see Section 15 the permit) through infiltration unless prohibited due to one of the reasons in
item 16.14 through item 16.21. If infiltration is prohibited, identify other methods of stormwater treatment used
(e.g., filtration system, wet sedimentation basin, regional ponding or equivalent method ):
An infiltration basin is being utilized to provide treatment to the one inch of run-off over the new and reconstructed
impervious surfaces.
c. Attach design parameters for the planned permanent stormwater management system, including volume
calculations, discharge rate calculation, construction details including basin depth, outlet configurations,
location, design of pre-treatment devices and timing for installation. For more design information consult the
Minnesota Stormwater Manual on the MPCA website at http://stormwater.pca.state.mn.us/index.php/Main_Page.
Stormwater Calculations Report is available upon request - See Construction Plans.
d. For infiltration systems, provide at least one soil boring, test pit or infiltrometer test in the location of the
infiltration practice for determining infiltration rates. For design purposes, divide field measured infiltration
rates by two as a safety factor or use soil-boring results with the infiltration rate chart in the Minnesota
Stormwater Manual to determine design infiltration rates. When soil borings indicate type A soils, permittees
should perform field measurements to verify the rate is not above 8.3 inches per hour. This permit prohibits
infiltration if the field measured infiltration rate is above 8.3 inches per hour. Attach on site soil testing results:
See attached geotechnical exploration report.
e. For linear projects with lack of right of way to install treatment systems capable of treating the entire water
quality volume, identify other method(s) for providing treatment of runoff prior to discharge to surface waters
(e.g., grassed swales, filtration systems, smaller ponds or grit chambers, etc.):
N/A
f. Attach to this SWPPP documentation of reasonable attempts made to obtain right of way for stormwater
treatment systems.
N/A
g. For projects that discharge to trout streams, including tributaries to trout streams, identify method of
incorporating temperature controls into the permanent stormwater management system:
N/A
VII. Inspection and maintenance activities
a. Identify the trained individual(s) responsible for installing, supervising, repairing, inspecting , and maintaining
erosion prevention and sediment control BMPs at the site:
Role Person Training
Bidding SWPPP Greg Buchal
Larson Engineering
University of Minnesota, Design of Construction Stormwater
Pollution Prevention Plans, expiration: May 31, 2021
Implementation, revisions
and amendments
Contractor (TBD)
Installation Contractor (TBD)
Inspections Contractor (TBD)
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Maintenance Contractor (TBD)
Restoration/Clean-up Contractor (TBD)
b. Attach training documentation for each individual:
See attachment
c. Describe procedures to routinely inspect the construction site, including:
1. A description of record-keeping requirements and content (see item 11.11):
Inspections and maintenance records will be recorded in the SWPPP within 24 hours. Records to include:
• Date and time of inspection
• Personnel conducting inspection
• Findings of inspection, including locations and corrections needed.
• Corrective actions taken including locations, dates, times, and personnel.
• Date and amounts of all rainfall events greater than ½ inch within 24 hours.
• Observed discharge including locations, description of discharge and photographs.
• Amendments to SWPPP will be recorded within 7 days.
Records shall be kept on site.
2. Frequency of inspections (see item 11.2 and item 11.10 of the permit):
Inspections will be performed at the minimum following frequencies:
• At least every 7 days during active construction
• Within 24 hours of a rainfall event greater than ½ inch during active construction
• After permanent cover, once per month while work continues on site.
• Inspections may be suspended during frozen ground condi tions.
• After permanent cover for the entire site and no additional construction activities, inspect once per month for
a period of 12 months.
3. Areas to be inspected and maintained (see item 11.3 through 11.6 of the permit):
Area Threshold Timing
Perimeter control 1/3 height or capacity Repair by end of next business day after
discovery
Temporary & permanent
sedimentation basins
½ storage volume Drain and remove within 72 hours of discovery
Surface waters & drainage
ditches
Any sediment deposit Remove and stabilize within 7 days of discovery
Construction entrance Any tracked sediment Remove within 24 hours of discovery
Streets and adjacent areas Any sediment deposit Removed daily by sweeping
Infiltration area Any sediment or
construction traffic
Monitored daily. Stake and mark area to prohibit
construction traffic. During grading activities
construction traffic in filtration area should be
kept at a minimum to prevent compaction. Soil
will be loosened during final grading
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VIII. Pollution prevention management measures
a. Describe practices for storage of building products and landscape materials with a potential to leach pollutants
to minimize exposure to stormwater:
Products with pollutant potential will be stored under cover (plastic sheeting, temporary roofs) or in secure
cabinets/containers to minimize contact with stormwater.
b. Describe practices for storage of pesticides, fertilizers, and treatment chemicals:
Chemicals will be stored under cover (plastic sheeting, temporary roofs) or in secure cabinets to minimize contact with
stormwater.
c. Describe practices for storage and disposal of hazardous materials or toxic waste (e.g., oil, fuel, hydraulic
fluids, paint solvents, petroleum-based products, wood preservative, additives, curing compounds, and acids)
according to Minn. R. ch. 7045, including secondary containment if applicable:
Hazardous materials and toxic waste will be stored in sealed containers in a storage area with restricted access. Storage
areas will be provided with secondary containment per Minn ch 7045. All disposal will be in accordance with State
regulations.
d. Describe collection, storage and disposal of solid waste in compliance with Minn. R. ch. 7035:
Contractor shall be responsible for collection, storage and disposal of solid waste will comply with Minnesota
Administrative Rules 7035.0300 to 7035.2915. Storage of garbage, refuse, and oversize waste will comply with
7035.0700. Renovation and demolition operations will comply with 7035.0805.
e. Describe management of portable toilets to prevent tipping and disposal of sanitary wastes in accordance with
Minn. R. ch. 7041:
The contractor shall make sure portable toilets are positioned so that they are secure and will not be tipped or knocked
over. Sanitary waste must be disposed of properly in accordance Minesota Adminstrative Rules Chapter 7041.
f. Describe storage and disposal of concrete and other washout wastes so that wastes do not contact the ground:
Concrete and washout wastes (paint, release oils, curing compounds, etc) will be perfomed in a designated, contained
area so that wastes do not contact the ground. Liquid and solid wastes will be disposed of in accordance with state
regulations. A sign will be posted at the washout area for identification and instruction s.
IX. Permit termination conditions
a. Describe method of final stabilization (permanent cover) of all disturbed areas:
Final stabilization will be achieved through perennial vegetative cover (sod or seed with 70% density), gravel, bituminous
and/or concrete paving, decorative landscape mulch, or combination thereof. Final stabilization also includes cleaning of
temporary and permanent sedimentation basins to return them to their original design conditions.
b. Describe methods used to clean all stormwater treatment systems and stormwater coveyance systems of
accumulated sediment:
Provide final cleaning of all stormwater treatment systems and conveyance systems at project completion. Cleaning
shall remove all accumulated sediment from pavements, curb and gutter, storm sewer structures and piping. Perform
maintenance to restore all infiltration basins and stormwater treatment systems to original design conditions.
c. Describe methods for removing all temporary synthetic erosion prevention and sediment control BMP’s:
Upon correction of all erosion and sediment items and achieving vegetative cover, temporary erosion prevention and
sediment control BMP’s will be removed and properly disposed of off -site.
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Site Map
Impaired Waters Map
Project Location:
Stillwater Bus Facility
11530 Hudson Blvd.
Lake Elmo, MN 55042
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Attachment Checklist
YES N/A
Geotechnical Report
Stormwater Calculations Report – available upon request from Larson Engineering, Inc.
Topographic Survey
Site Plan
Demolition Plan
Paving Plan
Grading Plan
Erosion Control Plan
Utility Plan
Construction Details
Inspection Log
Inspection Reports
Amendment Log