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HomeMy WebLinkAbout07-23-2019 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, JULY 23, 2019 CITY COUNCIL MEETING AGENDA 6:00 PM AT CITY HALL 6:00 p.m. I. _Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • Recycling Award(pg.3) 6:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:10 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills&Investments B. Approve City Council Minutes—June 25, 2019 (pg.7) C. Approve Termination of Purchase and Sale Agreement with Madison Hospitality Group (pg. 11) D. Approve Amendments to City Ord. 2105 and Parks Commission By-Laws for Commission Name Change(pg. 13) 6:10 p.m. V. Public Hearings 6:15 p.m. VI. Old Business A. 5627 Perkins Ave— Site Conditions/Action(pg.25) 6:20 p.m. VII. New Business A. Approve the Listing Agreement with Telus Property Services for the"Bell Property"located at 5416 Stagecoach Trail (pg.35) B. Provide Letter of Support—Washington County—TED Grant Application(pg.45) C. Consider MOU—Detachment/Annexation of Lands with City of Stillwater— Concept Approval (pg.49) D. Consider 36 Month Extension—Tennis Sanitation—Solid Waste Collection(pg. 59) E. Stillwater Area High School—Amended Conditional Use Permit—Banners and PAC Signage(pg. 63) F. Conditional Use Permit—6165 Beach Road—Carol Johnson—Placement of an Please mute or silence any cell phones,computers or other devices during meeting—Thank You. iu Page 1 of 122 Agenda July 23,2019 Page 2 Accessory Dwelling(pg. 85) G. Swing Set Installation—Cover Park(pg. 119) 6:25 p.m. VIII. Other Council Items or Announcements 6:25 p.m. IX. Closed Session- closed pursuant to MN Stat. 13d.05, subd. 3(b) A. Kleiber Qui Tam Lawsuit Discussion 6:40 p.m. IX. Adjournment Page 2 of 122 .j ar Oak Park Heights Request for Council Action Meeting Date July 23,2019 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Request dministration/Jennifer Pinski Requester's Signa Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 122 City of Oak Park Heights 14168 Oak Park Blvd.N•oak Park Heights,MN 55062.Phone(651)439-4439•Fax(651)439-0574 July 18, 2019 Tom Walberg 5565 Oakgreen Avenue N Oak Park Heights, MN 55082 Dear Mr. Walberg: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, July 18, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jenni er Pinsk! City Clerk TREE CITY U.S.A. Page 4 of 122 City of Oak Park Heights 14168 Oak Park Blvd.N•Oak Park Heghts,MN 55082.Phone(651)4394439•Fax(651)439-0574 July 18, 2019 Chris Zeuli 5681 Novak Avenue N Oak Park Heights, MN 55082 Dear Mr. Zeuli: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, July 18, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulation a Jennifer Pinski City Clerk TREE CITY U.S.A. Page 5 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 122 r Oak Park Heights Request for Council Action Meeting Date July 23,2019 Agenda Item Approve City Council Minutes—June 25, 2019 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signatur s Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 7 of 122 CITY OF OAK PARK HEIGHTS TUESDAY, JUNE 259 2019 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren, and Runk. Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney Sandstrom, Public Works Director Kegley, City Planner Richards, and City Engineer Mann. Absent:None. II. Council/Staff Reports: A. Mayor McComber: She reported she attended the Prison Community Advisory Committee meeting on May 29,the Minnesota Women in City Government Board of Directors meeting on May 30, a Big Four meeting (cities,townships, counties, and school districts) on June 7, a Coalition of Utility Cities annual meeting on June 11, a meeting with the City's lobbyist on June 12, a meeting with Xcel Energy regarding the King Plant on June 18, a meeting with Representative Shelly Christiansen on June 18, a conference call with the Coalition of Utility Cities on June 25, and the Joint Airport Zoning Board meeting on June 25. She also reported she would be attending the LMC Conference in Duluth,the Minnesota Association of Small Cities board meeting on June 26, and the Metro Cities breakfast meeting on June 27, and the following week she would be attending the Regional Council of Mayors meeting,the NLC Transportation Committee conference call, and the League of Minnesota Board of Directors meeting. She also reported that the Joint Airport Zoning Board was looking for two alternates from the City to serve. B. Councilmember Dougherty: He reported he attended a transportation meeting with the Chamber and the County regarding getting people to work in the area,the Cable Commission meeting,the Coalition of Utility Cities meeting, and a meeting with Xcel Energy regarding the King Plant. C. Councilmember Johnson: She reported she attended the Parks Commission meeting and park walkthrough, and she would be attending the League of Minnesota Cities Conference. D. Councilmember Liljegren: He reported the Planning Commission cancelled their last meeting, and the next meeting was set for July 11. He said he attended the Joint Airport Zoning Board meeting on June 25, and the next meeting was set for August 29 at 3:30 p.m. E. Councilmember Runk: He reported that the Middle St. Croix Watershed Management Organization's director was leaving and the July meeting was cancelled. Page 8 of 122 City Council Meeting Minutes June 25,2019 Page 2 of 3 F. Staff: City Clerk Pinski reported that Carter and Laurel DeLaittre of 13125 56'h Street North were chosen as the recycling award winners. III. Visitors/Public Comment: A. Update on 2020 Census—Local Efforts: Jim Acaruso,the Minnesota Partnership Director for the US Census Bureau provided a presentation on the upcoming census. IV. Consent Agenda: A. Approve Bills&Investments B. Approve City Council Worksession Notes—May 28, 2019 C. Approve City Council Minutes—May 28, 2019 D. Consider the Adoption of Proclamation Naming July 2019 as "Small Cities"Month E. Approve Resolution Accepting Donations for Party in the Park F. Approve Resolution Authorizing One-Day Raffle for Whitetails Unlimited Metro Area at Heights Hall and Club on March 21,2020 G. Schedule Hearings to Show Cause for Alcohol Compliance Violations Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: A. Public Hearing on Request Regarding Noise Ordinance for Concert at Stillwater Bowl on July 12, 2019: Mayor McComber opened the Public Hearing. No public comments were made. Two written comments were provided to the City Council by the City Clerk. Councilmember Liljegren, seconded by Councilmember Johnson,moved to close the Public Hearing. Carried 5-0. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the event with conditions. Carried 5-0. VI. Old Business: A. Osgood Ave.—Northbound Turn Lanes onto W B STH 36: Councilmember Johnson, seconded by Councilmember Dougherty,moved to direct staff to send a letter signed by the mayor. Carried 5-0. VII. New Business: A. Install a Drinking Fountain at Oak Park Crossing Park: Public Works Director Kegley reported that the City Council requested staff research Page 9 of 122 City Council Meeting Minutes June 25,2019 Page 3 of 3 cost-saving alternatives to install drinking fountains in two City parks. He said staff presented the alternatives to the Parks Commission, and after discussion they recommended installing just one drinking fountain and focusing on Oak Park Crossing Park. He said the estimate for installation of a fully functional drinking fountain at one park was approximately $13,600 with funding coming from the Xcel Energy Moelter fund. He said the City may need to secure an easement from a private party to get a water service line to the park, and there may be potential costs for that which were not included in the estimate. Councilmember Johnson, seconded by Councilmember Runk,moved to approve the drinking fountain installation not to exceed$15,000. Carried 5-0. VIII. Other Council Items or Announcements:None IX. Closed Session- closed pursuant to MN Stat. 13d.05, subd. 3(c)(3) A. Purchase Agreement for Land—PID 06.029.20.12.020: City Attorney Sandstrom reported that the City Council would go into closed session to discuss the potential sale of real estate located between Stillwater Motors and Century Power that was under a purchase agreement with Madison Hospitality Group. Councilmember Liljegren, seconded by Councilmember Johnson,moved to close the meeting. Carried 5-0. Mayor McComber called the meeting into open session. City Attorney Sandstrom reported that the City Council discussed the matter and gave staff direction to go with status quo.No action was taken. X. Adjourn: Councilmember Runk, seconded by Councilmember Johnson,moved to adjourn at 6:57 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 10 of 122 Oak Park Heights Request for Council Action Meeting Date July 23rd,2019 Time Required: 1 Minutes Agenda Item Title: MADISON HOSPITALITY GROUP—TERMINATION OF PURCHASE AND SALE AGREEMENT, Agenda Placement Consent A2erWa Originating Department/Requ r: I c J nson Citv Adffd istrator Requester's Signature Action Requested A rov a Cancellation of Purchase and Sale Agreement Background/Justification(Pte e indicate if any previous action has been taken or if other public bodies have advised): The enclosed Agreement outlines the final terms of the cancellation of the purchase and sale Agreement with Madison Hospitality Group for City owned land on Memorial Ave.Largely this is a formality,but is recommended by the title company that holds the$70,000 in earnest money in escrow and would be a conclusive action. This approval would be subject to any final adjustments required by the City Attorney Page 11 of 122 CANCELLATION OF PURCHASE AND SALE AGREEMENT THE PURCHASE AND SALE AGREEMENT made and entered into as of the 291 day of August 2017; and the FIRST AMENDMENT dated 121i day of April,2018;the SECOND AMENDMENT dated 30th day of August,2018; the THIRD AMENDMENT dated 411 day of December, 2018; and the FOURTH AMENDMENT dated 1St day of April,2019,by and between City of Oak Park Heights,a Minnesota municipal corporation(hereinafter"Seller")and Madison Hospitality Group,LLC,or assigns(hereinafter"Buyer"),for property legally described as Lot 1,Block 1, Stillwater Motors Addition to the City of Oak Park Heights,Washington County,Minnesota,shall be deemed cancelled,terminated,null and void of all terms and conditions per this CANCELLATION agreement. Upon Buyer's and Seller's execution of this CANCELLATION, Buyer shall have the right to recover Seventy Thousand and 00/100 U.S. Dollars ($70,000.00)in earnest money, held in the trust account of FSA Title Services, LLC,through their Stillwater,Minnesota,office. FSA Title Services,LLC is authorized and directed to release the same to Buyer. Upon execution of this CANCELLATION,all terms and conditions of PURCHASE AND SALE AGREEMENT and the FIRST AMENDMENT,SECOND AMENDMENT,THIRD AMENDMENT,and FOURTH AMENDMENT will become terminated and non-binding between Buyer and Seller. IN WITNESS WHEREOF,the parties have caused these presents to be executed as of the day and year written below. BUYER: SELLER: MADISON HOSPITALITY GROUP,LLC CITY OF OAK PARK HEIGHTS,MINNESOTA By: By: Mary McComber,Mayor Its: Date: By: Eric 7ohncnn_Citv Adminisrfratnr Date: Page 12 of 122 n Oak Park Heights Request for Council Action Meeting Date July 23rd,2019 Time Required: 1 Minutes Agenda Item Title: PARKS AND TRAILS COMMISSION—NAME AMENDMENTS Agenda Placement Consent A2047 Originating Department/Req to • Johnon.Cfty Administrator C Requester's Signature Action Requested A ro Amendments to Cjjy Ord.205 and Parks Commission By-Laws. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo and related documents: • City Ordinance 205 w/redlines. • City Park Commission By-Laws—with Redlines. Page 13 of 122 City of Oak Park Heights Page 1 of 1 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 713119 MEMO TO: Mayor and City Counc' a ers / FROM: Eric Johnson,City dmi t RE: Park Commission ame Change: At the City Council's Annual Goal Setting g, a Council Member Dougherty inquired(and advocated for)as to the possibility of amending the name of the Paris mmission to the"Parks and Trails Commission' The concept was viewed favorably by the Council and also subsequently by the Park Commission with the thought being that since the City trail systems likely receive as much use as the City parks,it may be worthwhile to clearly designate that oversight—per se-to the Commission and to formally recognize it in its title. This would require an amendment to the BY-LAWS and to City Ordinance 205. Current BY-LAWS and Ordinance 205 Enclosed and the related changes shown in REDLINE. Page 14 of 122 205 I AN ORDINANCE ESTABLISHING A PARKS. . COMMISSION FOR THE CITY OF OAK PARK HEIGHTS,WASHINGTON COUNTY, MINNESOTA. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES HEREBY ORDAIN; 205.01 Establishment of a Commission. A City Parks Commission for the City of Oak Park Heights, Washington County,Minnesota,is hereby established. 205.02 Composition. That arks and Trails;'.,..g,.,,unds and ro eati iow,shall consist of five (5) voting members. The five members shall be appointed by the City Council to serve for three (3) year terms,or as otherwise approved by the City Council. Both original and successive appointees shall hold office until their successors are appointed and shall have qualified. The City Council. also appoint two(2) alternate members to serve as alternates who shall have the ability to fill the position of Park Commission member and cast votes in the event of absence of any member of the Park Commission. The members of the Commission shall elect one member as Chairperson and one member as Vice-Chairperson of said Commission,who shall be elected every year. Vacancies on the Commission during a term shall be filled by the City Council for the unexpired term of said vacancy. Every appointed member shall,before entering upon the disposition of his or her duties,take an oath that he or she will faithfully perform the duties of that office. Except as otherwise established by resolution of the City Council, all members of the Park Commission shall be compensated $25.00 for each month of service, but must be present at the Park Commission to qualify for such compensation. Any member of the Park Commission may be removed by the Mayor with the Consent of the City Council for cause after a hearing. The Commission shall additionally operate under the auspices of official "Park Commission By-Laws"which shall be approved by the City Council. Current By-Laws adopted 205.03 Duties. I It shall be the duty of the Commission to study and recommend to the City Council: (1) the needed and necessary parks and recreational facilities in said City, and (2) also to study and recommend provisions for the utilization and 1 Page 15 of 122 maintenance of present and future facilities that may be created from time to time by the City Council. Said recommendations shall then be acted upon within a reasonable length of time by the City Council. 205.04 Budget. The Parks,Playgrounds,and Recreation Commission shall propose an annual budget which shall be considered and acted upon by the City Council annually. I Amended: Section 205.02. Passed October 14, 2008. Current version Amended on July 23`d, 2019 2 Page 16 of 122 CITY OF OAK PARKPARK HEIGHTS PARKPARKS AND TRAILS COMMISSION BYLAWS ARTICLE 1 - ORIGIN AND POWERS A. Authorization. The City is authorized and empowered to establish a P,a*Parks a.,d Trails Commission under the provisions of Chapter 205 of the code of ordinances for the City of Oak Pa-*Parks Heights. B. Establishment. The Pa,*Park Commission was created in an advisory capacity by action of the Oak Pa*Park Heights City Council pursuant to Chapter 205 of the code of ordinances of the City of Oak aa�k '--, Heights and to Commission Bylaws established on June 8, 1999. ARTICLE 2 — DUTIES AND OBJECTIVES I A. Advisory Capacity. The Pa-*Parks and Trails Commission is designed to serve in an advisory capacity to the Oak P,a-*Parks Heights City Council. B. Objectives. The objectives of the Par-kParks and Trai Commission are to make recommendations to the City Council, which will guide the development of city pafkseamz. and related services and facilities. C. Public Hearings. The PParks and Trails Commission shall hold such hearings as are provided within the City Ordinances and shall make recommendations on same as requested by the City Council. D. Special Public Hearings. The P *Parks and Trails Commission may hold such public informational hearings as the City Council directs and may make recommendations on same as requested by the City Council. ARTICLE 3 — MEMBERSHIP I A. Voting Members. The P *Parks and Trails Commission shall consist of five citizen members who are eligible voters residing within the Oak -R - W Heights City limits and who are appointed by the City Council. Page 17 of 122 B. Ex-Officio Members. There shall be a City Council person designated by the Mayor, with the consent of the City Council, to be a liaison to the P4*Parks and Trails Commission. Such City Council person shall serve without voting power and in a capacity as ex-officio to the Parks and Trails Commission_ The Mayor, with the consent of the City Council may also appoint non-voting, ex- officio members to represent other groups or organizations from the community. C. Terms. The five members of the IParks and Trails Commission shall be appointed by the City Council. All such appointments shall be initiated and be established by resolution of the City Council. The term of each member shall be for three years with initial terms being staggered by the City Council resolution of appointment. No member shall serve more than two consecutive terms on the R'wkParks and Trails Commission. D. Absenteeism. If any voting member fails to attend three consecutive meetings or a total of four meetings (or 25 percent) during the calendar year, the ( Parks and Trails Commission shall notify the City Council of the same with a recommendation from the Pa*Parks and Trails Commission as to the continued ability for such person to remain on the Commission. PafkParks and Trails Commissioners shall notify the Chairperson or City staff when an absence is anticipated. E. Removal. Any member of the Parks and Trails Commission may be removed at any time by a four-fifths (4/5) vote of the City Council with or without cause. F. Compensation. Compensation of Parks and Trails Commission members as selected by the City Council shall serve without compensation except as otherwise established by Resolution of the City Council. G. Training. The Chairperson and the City staff shall meet with each new P4*Parks and Trails Commissioner to explain Parks and Trails Commission procedures. H. Resignation. A member who wishes to resign shall submit a written resignation to the Chairperson, who shall in turn forward the same to the City Council. I. vacancies. Vacancies occurring within the Parks and Trails Commission shall be filled for the balance of the appointment by the City Council. Members that are filling vacancies as a result of a resignation or removal of a member, may complete the balance of such term but may then be appointed to ata full 2 Page 18 of 122 initial term without penalty and may then serve a second and additional terms pursuant to Article 3 C. ARTICLE 4—OFFICERS, DUTIES AND ELECTION OF OFFICERS A. Officers. The officers of the Pa*Parks and Trails Commission shall be Chairperson and Vice-Chairperson. B. Duties of the Chairperson. The Chairperson shall preside at all meetings, I appoint Parks and Trails Commission members to committees, appoint P4*Parks and Trails Commission representatives, rule on procedural questions (subject to reversal by a two-thirds (2/3) vote of those members in attendance), meet with all newly appointed members, exercise the same voting rights as other IPafkParks and Trails Commissioners and carry out such other duties as are assigned by the Ra*Parks and Trails Commission or by the City Council. C. Duties of the Vice-Chairperson. The Vice-Chairperson shall act in the absence or inability to act of the Chairperson, and in such instances shall have the powers and functions of the Chairperson. D. Terms. The AwkParks and Trails Commission officers shall be elected from among its appointed members. No member shall serve as Chairperson or Vice- Chairperson for more than two consecutive years. A member may serve as Vice- Chairperson for two years and then Chairperson for two years, or in alternate or alternating order. The election shall occur at the Ra*Parks and I rails Commission's annual meeting. E. Vote. Candidates for office receiving a majority vote of the entire membership (three-fifths (3/5), shall be declared duly elected. F. Date of Office. Newly elected officers and members shall take office at the annual meeting in January and which is an end date (sine die) for the preceding term year. G. Vacancies. Vacancies occurring in the offices of the Paf*Parks and Trails Commission shall be filled immediately by the above election procedure. ARTICLE 5— MEETINGS A. Annual Meeting. An annual organizational meeting shall be held in January of each year. Election of officers shall be conducted at that time. 3 Page 19 of 122 B. Regular Meetings. Regular meetings of the RafkParks and Trails Commission shall be held at 6:00 PM on the third Monday of each month or as otherwise designated to account for legal holidays or other special circumstances as approved by the City Administrator. The meetings shall be held in the City Hall Council Chambers or as otherwise designated and duly posted. The regular meeting date of the Parks and Trails Commission may be changed by resolution of the City Council. C. Special Meetings. Special meetings may be called at the discretion of the Chairperson, after consultation with City staff. D. Notice of Meetings. Notice in writing of all regular and special Commission meetings, setting forth the time, place and agenda of such meetings, shall be mailed by the City staff to all RafkParks and Trails Commission members at least five days in advance of each meeting. E. Site Investigation. Prior to each meeting, all Pa*Parks and Commission members shall endeavor to visit any properties to be discussed at the meeting. F. P *Parks and Trails Commission Representative at City Council Meetings. Each Ra*Parks and Trails Commission member shall in turn represent the Pa*Parks and Trails Commission at regular City Council meetings. ARTICLE 6 — PRE-MEETING PROCEDURES A. Agenda. The agenda for each meeting of the Commission shall be developed in writing by the City staff and shall be available at the City Hall prior to each meeting. B. Withdrawal. If a petitioner or applicant desires to withdraw a matter from an agenda, such request must be submitted to the City staff in writing, and if any public notice has been given, all persons appearing at the noticed hearing on said petition or application shall be entitled to be heard. ARTICLE 7 — PUBLIC HEARING PROCEDURE A. Time. The time of each public hearing shall be stated on the agenda, and no hearing may begin before this time. Each hearing shall begin as soon as possible after this time. B. Presentation. If a public hearing is required for a request by a petitioner, the petitioner or an appointed representative shall state the request, explain the 4 Page 20 of 122 proposal and answer questions of the Commissioners. If no petitioner is involved, the Chairperson or the City staff member shall explain the purpose of the hearing. The Chairperson may impose reasonable restraint upon the number of times one individual may speak. C. Termination of Hearing. The Chairperson may close a public hearing after hearing those present who care to speak, or any member may move to continue the public hearing until a specified date. If a hearing on the petitioner's request is closed, the Commission shall make a recommendation to the City Council within 30 days following the close of the hearing. If a hearing is continued, mailed notices of the continuation may be requested by any voting member. ARTICLE 8 — MEETING PROCEDURES A. Rules of Order. Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, shall govern the meeting procedure. B. Quorum. A majority of the voting membership (three-fifths (3/5)) shall constitute a quorum for meeting purposes. Whenever there are vacancies on the Commission the Commission may meet and transact business with half of the non-vacated seats being present. Votes on issues where the commission members are equally split will be deemed to be passed onto the City Council without recommendation. C. Conflict of Interest. Whenever a Parks and Trails Commission member shall have a direct or indirect personal or financial interest in an application or petition before the Parks and Trails Commission, that member shall declare such interest and excuse himself/herself from the discussion and vote. D. Agenda. The order of business at regular meetings generally shall be as follows: 1. Call to order. 2. Roll call of members. 3. Approval of the minutes of the previous meeting. 4. Public hearings. 5. Informational hearings. 6. Old business. 7. New business. 8. Adjournment. E. Appearance of Petitioner. No application or petition shall be given final approval unless the applicant or petitioner appears personally or by 5 Page 21 of 122 representative at the hearing called thereon, or unless he/she makes satisfactory explanation or presentation in lieu thereof. F. Tabling. A tabling motion, if passed, has the effect of laying a matter over «ntil the next regular meeting, unless otherwise specified. G. Reports. Any matter may be tabled for a technical report or study which the RafkParks and Trails Commission may make or request of the petitioner, the City staff, the City Attorney, the City Engineer or other sources. Such report shall be presented to the City staff for forwarding to the IzafkParks and Trails Commission at least five days prior to the meeting at which said matter will be heard again. H. Non-Agenda Matters. No binding or final action may be taken on any matter not on the written agenda except by unanimous vote of the members in attendance or four-fifths (4/5) vote of the entire membership. ARTICLE 9—COMMITTEES A. Ra*Parks and Trails Commission Committees. The RarkParks and Trails Commission may establish committees of its own membership for a specific purpose and duration. B. Ad Hoc Committees. The Commission may request that the City Council appoint other members of the community to Ad Hoc Commission committees, which may be created by the Parks and Trails Commission for a specific purpose and duration. At least one voting member of the Ra*Parks and Trail; Commission also shall be appointed to each such committee. ARTICLE 10— RECORDS A. Minutes. The Commission shall rely on video or audio recording for the purposes of securing full and complete official minutes at all regular and special meetings of the Ra*Parks and Trails Commission and which shall be transcribed and provided to the Commission for review and approval at the next regular scheduled Commission meeting. The City staff shall be responsible for keeping a record of all Ra*Parks and Trails Commission resolutions, transcriptions, minutes and findings, including circumstances when the Commission convenes off-site meetings where video or audio recording is not practical. B. Open Meetings. All meetings shall be a matter of public record. I 6 Page 22 of 122 Amended by City Council on October 14, 2008 —Several Clarifications Amended by the City Council on 10/24/17 — Changing Start time from 6:30 PM to 6:00 PM; note: the Commission was regularly meeting at 7pm; there may hav been confusion with a previous start time and/or interpretation. However, as of 10/24/17 the meeting shall commence at 6:00 PM. Amended by the City Council on 7/23/19 — Amending the name to Parks and Trails Commission. 7 Page 23 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 24 of 122 � e1 Oak Park Heights Request for Council Action Meeting Date July 23rd, 2019 Time Required: 10 Minutes Agenda Item Title: 5627 Perkins Ave—Site Conditions/Action Agenda Placement Old Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature ,._ Action Requested Discussion,Possible Action. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): In January 2019,the City Council did adopt the enclosed Resolution 19-01-06 requiring repairs to the home at 5627 Perkins Ave.Generally,much of the work has remained incomplete and a further compliance action was anticipated to be pending at the end of June 2019. However,the Owner at that time Steve Beres has since sold the property on a CONTRACT FOR DEED to the former tenant(Mr. Mike Hull). With Council approval, Staff is proposing to continue the required enforcement actions to ensure the home becomes code compliant and updated to a safer condition. It is reasonable to provide the new owner some additional time—in this case Staff is proposing through Sept 30t', 2019. Staff is asking for direction to extend the timeline through Sept. 301', 2019; which at that time should the work not be materially or substantially complete Staff would seek a final enforcement action and additional proceedings. Page 25 of 122 City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 July 24,2019 Mr. Mike Hull 5627 Perkins Ave. N. Oak Park Heights, MN 55082 Re: Site Condition:January 8,2019 City Council Action—5627 Perkins Ave. N. Dear Mr. Hull, Please note that the Oak Park Heights City Council addressed the site conditions of 5627 Perkins Ave. N.at their January 8,2019 City Council meeting and passed Resolution 19-01-06,which deemed the property hazardous, and ordered pursuant to Minn.Stat. §463.17 that a number of repairs and items must be addressed no later than June 30,2019. The resolution was served by publication and posting upon Steve Berres as the homeowner and the former tenant, Lisa Kroska, as required by statute. A copy of Resolution 19-01-06 is enclosed. It is my understanding,that since the passage of the resolution,you have purchased the home from Mr. Berres, under a contract for deed arrangement, and are currently the legal owner of the property. Regardless of whether or not Mr. Berres advised you of the existence of Resolution 19-01-06, it remains an obligation upon the property that the City intends to enforce. The remediation requirements remain incomplete. As the legal owner,you are responsible for meeting compliance as demanded by the resolution, noted upon page 3 of the same. Given your recent acquisition of the property,the City will extend the compliance deadline a period of three months to allow you to address the items that were not corrected prior to your purchase. All items shall be satisfactorily addressed no later than September 30,2019. Please contact me with any questions you may have regarding what is required and to schedule a site visit to view items that have been corrected to date. Sincerely, PLANING &CODE ENFORCEMENT Julie Hultman Building Official Enclosure c: Eric Johnson,City Administrator Kevin Sandstrom, City Attorney Steve Berres Phone:651.439.4439,Extension 1105 Email:jhultman@cityofoakft@d"gH&.jom RESOLUTION NO. 19-01-06 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND ORDERING THE REPAIR OR REMOVAL OF HAZARDOUS BUILDING LOCATED AT 5627 PERIGNS AVENUE NORTH WHEREAS,the property located at 5627 Perkins Avenue North in the City of Oak Park Heights (hereinafter"Property"), as legally described on the attached"Exhibit 1,"has recently had multiple calls outs of the fire department due to smoke and possible fires occurring in the Property, during which the fire department noted potential code compliance concerns and so advised the City Building Official; and WHEREAS, the City's Building Official Julie Hultman asked the owner to have the Property inspected by qualified licensed contractors in response to the fire department's concerns; and WHEREAS,the Property was inspected by O'Neill Electric and Apollo Heating and Air Conditioning at the request of the owner, and said contractors have provided reports to the City of safety concerns,hazardous conditions, and necessary repairs for the Property; and WHEREAS, the interior and exterior of Property were later personally inspected by the Building Official with the consent of the occupants. The Building Official noted numerous issues of concern during her inspection, including structural, electrical and mechanical issues; and WHEREAS,the findings of the Building Official, O'Neill Electric, and Apollo Heating and Air Conditioning are summarized in a report of the Building Official dated December 27,2018, which is attached hereto as "Exhibit 2"and incorporated herein by reference; and WHEREAS,based upon the foregoing information and exhibits,the City Council of the City of Oak Park Heights makes the following findings of fact regarding the Property. 1. The Property has not had any building permits issued for any remodeling or repair work since 1990. Despite this fact, it appears that numerous substandard construction or repair projects have been performed,including addition of a noncompliant bathroom facility in the basement and a noncompliant remodeling of an upstairs bathroom. 2. The electrical system within the Property is in disarray and unsafe. Non-code compliant electrical wiring work has been performed,including open and exposed wires at the electrical panel. Moreover, multiple appliances in the Property are powered by long extension cords running to distant electrical outlets, leading to safety hazards and fire t concerns. Page 27 of 122 3. Non-code compliant plumbing installations have been performed at the Property. This i includes the addition of a cobbled-together bathroom in the basement, as well as a non- compliant bathroom remodel in an upper-level bathroom that has resulted in leaking plumbing and water flowing through the floor and into a closet on the main level of the Property. This is a safety concern leading to likely mold growth inside the Property. 4. The Property appears to suffer from significant settling and shifting of the home structure, such that the floors are visibly drooping and have been shimmed with various materials and the floors are propped up in multiple locations with jacks or lumber in the basement. This is a safety concern for potential collapse of the structure. 5. The clothes dryer is improperly vented into a wall cavity and into the furnace system rather than to the exterior of the home. This is a safety concern for potential carbon monoxide buildup and/or fires. 6. The roof is in disrepair and in need of replacement and there are no gutters on the Property. This is a safety concern for moisture intrusion,pest intrusion, and potential collapse of the roof structure. 7. The windows and window frames are in poor condition with peeling paint and ill-sized windows installed in existing openings and then sealed with foam. This is a safety concern for moisture and/or pest intrusion. 8. Several areas of exterior siding are loose or have holes in them, and are in need of proper repair or replacement. This is a safety concern for moisture and/or pest intrusion. 9. The Building Official further notes that the Property is in need of review by a structural engineer and any identified structural problems should be repaired. 10. The Building Official notes the property is hazardous,unsafe, and uninhabitable, and in lieu of the foregoing extensive repairs, maybe better off simply razed and tom down. WHEREAS,the Property is owned by Steven L. Berres and currently rented to and inhabited by Lisa Kroska and Michael Hull. Mr. Berres' last known mailing address per the tax records for the Property is 2138 250th Street, St. Croix Falls,WI 54024; and WHEREAS,Minn. Stat. §§ 463.15 to 463.261 provides the power to the City to demand the repair or removal of hazardous or substandard buildings for the benefit of public health and safety; and WHEREAS,the City's Code of Ordinances, section 1109.01, defines as a public nuisance any property which endangers the health, safety, comfort or repose of the public or depreciates the value of other properties in the City; and 2 Page 28 of 122 WHEREAS, the City's Code of Ordinances, section 1109.04.G, defines as a public nuisance any building or alterations to buildings made in violation of fire ordinances and building codes concerning manner and materials and construction; and WHEREAS, the City is concerned for the safety of the occupants of the Property and would prefer and recommend that the Property be vacated until it is properly repaired. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY DECLARES AND ORDERS AS FOLLOWS: 1. The City finds and declares that the Property located at 5627 Perkins Avenue North is a hazardous and substandard building as set forth in Minnesota Statutes Chapter 463 and is declared a public nuisance under applicable City Code because of inadequate maintenance, dilapidation,physical damage,unsanitary condition, and unsafe conditions, and constitutes a fire hazard and a hazard to public safety and health,particularly to its occupants and other nearby properties. 2. The City orders that the following repairs to the Property must be completed: a. Repair of the electrical systems throughout the Property to be compliant with building code and as recommended by O'Neill Electric,including installation of permanent wiring and elimination of the use of extension cords to power € appliances or other devices,with work to be performed by a duly licensed electrical contractor; b. Repair of the plumbing systems throughout the Property to be compliant with building code, with work to be performed by a duly licensed plumbing contractor; c. Repair of the HVAC systems throughout the Property to be compliant with building code and as recommended by the report of Apollo HVAC,with work to be performed by a duly licensed HVAC contractor, including proper exterior venting of the clothes dryer and any other vented appliances; d. Repair of ducts for furnace, dryer and water heater to be building code compliant. e. Repair of the structural elements of the Property as inspected and recommended by a duly licensed structural engineer; f. Repair/replacement of the roof on the Property; g. Repair/replacement of the exterior siding on the Property; h. Repair/replacement of all exterior windows in need of repair or not properly installed to building code standards. i. Remediation of any moisture intrusion damage or water damage that is identified during the repair process. j. Installation of functioning smoke and carbon monoxide detectors on each level of the Property. 3. The City orders that the foregoing repairs be completed no later than June 30,2019, which is deemed to provide a reasonable time to gain compliance. 3 Page 29 of 122 4. The Owner and his contractors shall obtain proper building permits for all work to be performed, and all repair work shall be duly inspected by the Building Official as the work progresses. 5. In lieu of the foregoing repairs, which are extensive and may be cost prohibitive given the age, condition, and value of the Property,then the City orders that the Property be razed and torn down. 6. The City recommends that the Property should not be inhabited unless and until such repairs are completed and the tenants therein should immediately vacate the premises for their own safety and well-being. The City will offer and provide a monetary reimbursement of up to $500.00 to the current tenants/occupants of the Property for any actual relocation costs incurred by them(upon providing written proof of the relocation expenditure)if they choose to promptly vacate the Property as recommended. 7. If the current tenants/occupants choose to relocate, then the Owner shall be prohibited from placing any new tenants/occupants into the Property unless and until all required repairs are completed and approved by the Building Official. 8. The owner and occupants are hereby notified that a motion for summary enforcement of this Order will be made to the Washington County District Court unless timely corrective action is taken, or unless an answer is filed within the time specified in Minn. Stat .§ 463.18. 9. The owner and occupants are further notified that enforcement of this Order in the court will include a request that the City be permitted to enter onto the Property per Minn. Stat. § 463.151 and abate and correct all conditions thereon, up to and including razing the hazardous building, and assess all reasonable costs therefore against the Property,or obtain a personal judgment against the owner,pursuant to Minn. Stat. § 463.21. 10. This Order shall be served upon the owner of record,upon the occupying tenant, and upon all lienholders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found,the order shall be served upon the owner by posting it at the main entrance to the building, and by four weeks'publication in the official newspaper of the City. Approved by the City Council of the City of Oak Park Heights this 8a'day of January, 2019. f MVom er,Mayor ;j. son, ity Administrator 4 Page 30 of 122 EXHIBIT 1 LEGAL DESCRIPTION Lot 1,Block 2, Crofut and Beach's Addition to Oak Park,together with that portion of vacated Levenworth Street adjacent thereto,Washington County, Minnesota. PID: 03.029.20.13.0024 5 Page 31 of 122 E7HIBIT 2 BUILDING OFFICIAL REPORT DATED 12/27/18 f 6 Page 32 of 122 r City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 Memo To: Eric Johnson,City Administrator From: Julie Hultman, Building Official Date: December 27,2018 Re: Condition of Rental Property @5627 Perkins Ave. N. On 12/7/18 there were two fire incidents at the property. OPH PD notified me of concerns observed as to safety at the property when called to the incidents, with regard to the electrical and mechanical systems. I contacted the home owner, Steve Berres by phone. Advising him of the situation, I requested that he contact licensed electrical and mechanical contractors and have the systems inspected for safety and that he would be required to address life safety issues identified by both. Mr. Berres did contact O'Neill Electric and Apollo Heating & Air Conditioning to inspect and evaluate the systems. Both agencies visited the home on 12/7/18 and follow up with their written evaluation/recommendations to the City and also contacted Mr. Berres with their findings. See attached reports in Exhibit A to thismemo. On 12/11/18, 1 visited the home and was permitted entrance from Lisa Kroska, who resides at the home with Michael Hull. I was escorted through each of the three floor and given permission to photo the interior as well as the exterior of the home at the time of my visit. Photos from the visit are attached within Exhibit B. The house shows significant disrepair, due to neglect and shoddy work at some point in time to various parts of the house. There is settling of the house, that is observable at the upper level bathroom door frame, where it has come apart as the floor area appears to be dropping. There are a number of jacks and wooden members situated throughout the basement that appear to be in place to support the floor above or cover holes. Remodeling has been done without permits, including a bathroom remodel in the master bedroom at the upper level, which has had plumbing issues resulting in water flowing through the floor and into a closet area at the main floor. Photos show the work and damaged area, ( which has been boarded over at the closet ceiling. Page 33 of 122 r City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights,MN 55082 Phone:651.439.4439 Fax:651.439.0574 The siding has holes in it and several areas around the home where pieces are pulled away from the house. The roof is in disrepair. There are no gutters. Window frames are in poor condition, with peeling of paint at the wood and windows having been installed to existing openings at some time and sealed with foam. We did not visit the attic; however, given the condition of the house exterior, it is likely that there is moisture intrusion. There is non-code compliant electrical work, including open and exposed wires at the electrical panel, plumbing piping, improper venting of appliances (of incident on 12/7/18) was the dryer exhaust not being vented to the outside and blowing into the wall cavity. The floor vent in the kitchen produced smoke while a load of laundry was in the dryer and was found to be connected to the furnace. Both O'Neill Electric and Apollo Heating & Air noted significant repair needed to ensure the safety of the home to the electrical and mechanical systems. It is my opinion that this property is not safe to inhabit and that repairs are needed to the electrical, plumbing, mechanical systems as well as to the roof, siding and interior elements ( so that safe systems and structural elements are in place. I would further note that the structural elements should be reviewed by a structural engineer and repaired per his/her findings. In lieu of the repairs, my recommendation would be that the house be torn down. Mr. Berres has owned this property for many years, once residing there himself. The property has been a rental property for a number of years.The current occupants advised me that he has offered it as a rent to own and recently offered to sell it to them outright. There have been three permits issued to this property since 1971. The most recent being a residing permit from February of 1990. None of these to the current homeowner. t Page 34 of 122 r Oak Park Heights Request for Council Action Meeting Date July 2A 2019 Time Required: 5 Minutes Agenda Item Title: Approve the Listing aent 'th Telus Pro prty Services-for the "Bell Property"loodtoedIV5416Atagecoach Trail. Agenda Placement New Busin Originating Department/Req stor on Ci 'strator Requester's Signature XAX11111��� Action Requested Approve�ILitigAgreement with Telus Pro Services Brian Zeller for Ifie` ell Property"located at 5416 Stagecoach Trail. Background/Justification(Pleas dicate if any previous action has been taken or if other public bodies have advised): At the 2016 Goal Setting Discussion,the City Council discuss the possibility of listing the"Bell Property"for sale. That site has essentially been actively listed since 2016 and while we have had some interest the City has not yet found a proper fit from a Zoning or land-use perspective. If the Council would like to re-list this property, the enclosed documents enable that action with a Commercial real Estate Listing with Telus.(This was formerly held by Greystone Commercial; however, the listing Agent remains Brian Zeller—a local broker—who is familiar with the property and local market). Please note the following: 1. The current Land Value as indicated by Washington County is$97,100(2019) 2. The site size is 1.45 acre+/-with adjacent utilities 3. The zoning is B-W(Business Warehousing) 4. The proposal from Telus Real Estate appears to be general in nature for listing such property for sale: • a listing price of$156,000 • fees between 6%to 8% • Listing timeline through June 18th,2020 If the Council would like to sell this property,listing with a commercial real estate broker is a reasonable step. Staff would recommend approval of the enclosed Listing Agreement subject to any final amendments recommended from the City Attorney. Page 35 of 122 Pared Numbs:03.0WD.31MIM AopsgA&h� 5416STAGEODAOITRLN OAIUMRX HEBMM MN SSOM2 V Clam EXEMFr LmOdOmmmilliftm DES 262FTOFN494F'OFE233FTOFIE1/4-SW1/4EXCTH9REFROMTHAT PIT TAKEN FORNMANDALSO;ALL MKT FTNW114-SE1145DSEC3DESCAS FQLi O M AT OBITER SH29IM a RLN'THN S1DEMIME ALG CC1E OF 5D SBC 03 TOR DTS 237FT TO POB OF LAND HEREBY OONYEYED FROM SD PWCON IM S ON AFORESD LIN EXTEND IN STRAT(MTT LN TO Fr WHERE ITHin3GECT5 W BOUNDARY OFSTUMAMR&Fr DOUG AS RD-AIW HWY#21 EX THN NELY ALG W BOUNDARY OF SD SAL.WA79t&FT DOU3M RD TO FT WHOM IT IIlTEUMS LN PAR701k 232FT 5 OF N LN SE114S37MN RUN TIM[WILY IN STFACHT LN TO FOB SBCITON 03 TOWNSHIP 029 RANK 020 Ybaa ..._. Lar;d Value 2019 2018 Mde Yars.,. >� i i I 64 I u6 � ct r +� d r tl Page 36 of 122 COMMERCIAL LISTING CONTRACT: EXCLUSIVE This form approved by the Minnesota Association of REALTORS' and the Minnesota Commercial Association of REALTORS•,which disclaims any labllfty arising out of use or misuse of this form. ®2018 Minnesota Association of REALTORS*,Edina,MN 1. Date 06/19/2019 2. Pagel 3. DEFINITIONS:IN CONSIDERATION OF the Contract of Talus Property Ova a solutions (Real Estate Company Name) 4. (Brokerl to undertaketoOSELL[I LEASE (ifonlySELL is checked,all rebsrencesto Lessor,tenant,orlease do not apply-, -(Check aNdotaA*)-- 5. if only LEASE is checked, all references to Seller, buyer, or sale do not apply) the property hereinafter described, 7. ("Seller and/or Lessor")grants to Broker the exclusive right to sell and/or lease or contract to sell and/or lease the propertyat 8. 3416 stagecoach Trail North 9. oak Hark Heights W 10. and legally described as 11. ("Properw) 12. forthe period from the date of this Contract through and including mane lath ,20 10 ,forthe sum 13, of 136,000.00 One Sundred Fifty-Biz Thousand upon the following terms 14. 15. 16. or at any other price,terms or exchange to which Seller and/or Lessor may consent. 17. This Contract terminates upon successful closing and/or Lease of the Property(ies)specified in this Contract or expiration 18. or cancellation of this Contract,whichever occurs first. 19. This Contract may only be canceled by written mutual agreement of the parties. 20. Seller and/or Lessor understands that Broker may list other properties during the term of this Contract which may 21. compete with Sellers and/or Lessors Property for potential buyers and/or tenants. 22. MLS DATA FEED OPTIONS: 23. EXPLANATIONS AND DEFINITIONS: 24. `IDX site"means a web site operated by a broker participating in the MLS on which the broker can advertise the 25. listings of other brokers in MLS, subject to certain MLS rules.The consumer visiting an IDX site is not required to 26. register on the site or to have a brokerage relationship with the broker displaying listings on the site. 27. "Virtual office web site"("VOW") means a web site operated by a broker participating in the MLS that delivers 28. brokerage services to consumers over the world wide web.Visitors to a VOW are required to register on the site(with 29. their name and a real e-mail address) and enter a brokerage relationship with the broker operating the VOW.The 30. broker operating the VOW can then show the visiting customer/client nearly all of the information available to the broker 31. in MLS.The seller(s)of a listing has the right to opt out of certain kinds of data display under the MLS7s VOW policy. 32. The MLS imposes various other rules and restrictions on VOWs. 33. For each of the following options,the MLS system automatically defaults to"Yes"Sellers and/or Lessor's instructions 34. pertaining to the Internet display of the MLS input data for the Property are as follows: 35. Option 1. Listing display on the Internet.If Seller and/or Lessor selects"No,"this listing will not be included in MLS 36. data feeds to Internet web sites that display property listing data, whether intended for advertising the 37. Property or providing online brokerage services(e.g.,VOWs).Brokers participating in MLS can still disclose 38. the listing to customers/clients via other means, including e-mail,fax, mail,hand delivery,and orally. 39. Shall the Property listing be displayed on the Internet, including sold information? ©Yes ❑No 40. Seller and/or Lessor understands and acknowledges that if Seller and/or Lessor has selected "No"for 41. Option 1, consumers who conduct searches for listings on the Internet will not see information about the 42. Property in response to their searches. M M , N N E S o T A MNC:LC:E-1 (8118) c T,REALTORS Pag�r "BMs COMMERCIAL LISTING CONTRACT: EXCLUSIVE 43. Page 2 44. Property located at 5416 Stagecoach Trail North Oak Park Heights W 55082 45. If"No"was selected at Option 1,skip Options 2-4.If"Yes"was selected for Option 1,continue to Option 2. 46. Option 2. Listing address(Property and unit numbers and street name)display on the Internet.If Seller and/ 47. or Lessor selects"No;'the address of the Property will be hidden on web sites receiving data feeds from 48. MLS that result in Internet listing display,whether intended for advertising the Property or providing online 49. brokerage services(e.g.,VOWs).Brokers participating in MLS can still disclose the address to customers/ 50. clients via other means,including e-mail,fax,mail, hand delivery,and orally. 51. Shall the listing address(Property and unit numbers and street name)be displayed 52. on the Internet? ©Yes ❑No 53. Option 3. An automated valuation of the Property listing or a link to an automated valuation of it may be 54. displayed adjacent to the listing.Some VOWs or IDX sites may provide an automated valuation model 55. ("AVM")function/service.An AVM uses statistical calculations to estimate the value of a property based 56. upon data from public records, MLS, and other sources, and incorporating certain assumptions. The 57, accuracy of AVMs has sometimes been criticized because they do not take into consideration all relevant 58. factors in valuing a property.Seller and/or Lessor,by selecting"No,"may prohibit display of an automated 59. valuation of his or her listing adjacent to the listing. 60. Shall an automatic valuation of the Property listing or a link to an automated 61. valuation be displayed adjacent to the listing? ❑Yes ©No 62. Option 4. Comments or reviews of the Property by persons other than the displaying broker may be displayed 63. with or attached as a link to the listing data of the Property.Some VOWs or IDX sites may provide 64. functionality that permits the customers/dients using the VOW or IDX site to enter comments or reviews 65. with the listing or by hyperlink to such comments or reviews.Note that the broker displaying the listing on 66. his or her VOW or IDX site may add commentary representing his or her professional judgment regarding 67. the listing's value,etc. 68. Shall comments or reviews of the Property by persons other than the displaying 69. broker be displayed with or attached as a link to the listing data of the Property? ❑Yes ®No 70. SELLER'S AND/OR LESSOR'S OBLIGATION: It is agreed that Seller and/or Lessor shall promptly furnish Broker 71. with complete information concerning any person who during the period of this Contract makes inquiry to Seller and/ 72. or Lessor regarding the sale,exchange,or lease of the Property. 73. If the Property is sold, Seller hereby agrees to furnish to buyer an Abstract of Tide, a Registered Property Abstract 74. or an ALTA Title Insurance Commitment,certified to date,to include proper searches covering bankruptcies and state 75. and federal judgments and liens, and to execute or cause to be executed a deed conveying title to the Property to the 76. buyer and any further documents as may be required to consummate the sale in accordance with the terms above 77. designated or with the terms to which Seller may hereafter consent. 78. Seller and/or Lessor further agrees to promptly notify Broker of any notices pertaining to the Property which are hereafter 79. received during the term of this Contract. 80. It is further agreed that Seller and/or Lessor shall permit Broker to erect a"For Sale"and/or"For Lease"sign on the 81. Property and to remove all other"For Sale"and/or"For Lease"signs from the Property during the period of this Contract. 82. Seller and/or Lessor shall permit Broker to place information on the Minnesota Commercial Property Exchange("MCPM 83. or other type of multiple listing service forum("MLS")and the Internet concerning the Property. Upon final acceptance 84. of a purchase and/or lease agreement, Seller and/or Lessor allows Broker to withdraw the Property from the market. 85. Broker may notify the MCPE or MLS and member REALTORS•of the price and terms of the sale and/or lease. 86. Seller and/or Lessor has the full legal right to sell and/or lease the Property. 87. Seller and/or Lessor certifies that as of the date of execution of this Contract, Seller and/or Lessor has not received 88. any notice of building,health,or fire code violations,nor vacant building registration notification,nor notice of hazardous 89. waste on the Property, nor notice of condemnation pertaining to the Property, except as herein noted(if none, state 90. "none"): 91 None 92. w. MI N N E 9 0 T A MNC:LC:E-2(8118) REALTORS Page 38 of 122 COMMERCIAL LISTING CONTRACT: EXCLUSIVE 93. Page 3 94. Property located at 5416 Stageaoaoh Trail forth oak park Heights JIM 55082 95. Access to the Prog_ertX:To facilitate the showing and sale and/or lease of the Property,Seller and/or Lessor authorizes 96. Broker to: 97. E access the Property; 98. ❑IK authorize other brokers and their salespersons,inspectors,appraisers,contractors,and other industry professionals 99. to access the Property at reasonable times and upon reasonable notice;and 100. ❑ duplicate keys to facilitate convenient and efficient showings of the Property. 101. Authorizing access means giving Broker permission to: 102. 1, authorize the above-referenced persons to enter the Property,with or without a licensed salesperson present; 103. 2. disclose any security codes necessary to enter the Property;and 104. 3. lend a key to enter the Property,directly or through a lockbox. 105. Seiler and/or Lessor agrees to commit no act which might tend to obstruct Broker's performance. if the Property Is 106, occupied by someone other than Seller and/or Lessor, Seller and/or Lessor shall comply with Minnesota law and 107. applicable lease provisions of an existing lease and provide tenant with any required notice In advance of any Property 108. showing. 109. Seller and/or Lessor understands that prospective buyers/tenants and others authorized to access the Property may 110. record the Property by photograph,video,or other medium while accessing the Property. 111. RECORDING ON THE PROPERTY Seller and/or Lessor understands that MN Statute 626A.02 specifically prohibits 112. the interception of oral communications without the consent of at least one of the two parties to the communication. 113. Seller and/or Lessor should seek appropriate legal advice regarding compliance with this statute if Seller and/or Lessor 114. Intends to utilize technology that may intercept oral communications between persons other than Seller and/or Lessor. 115. SELLER AND/OR LESSOR CONTENT LICENSE:In the event Seller and/or Lessor provides content,including,but 116. not limited to, any photos or videos of the Property ("Seller and/or Lessor Content')to Broker, Seller andior Lessor 117. grants to Broker a nonexclusive,perpetual,world-wide,transferable,royally free license to sub-license(including through 118. multiple tiers), reproduce,distribute,display,perform,and create derivate works of the Seller and/or Lessor Content. 119. Seller and/or Lessor represents and warrants that Seller and/or Lessor has authority to provide Seller and/or Lessor 120. Content and Seller and/or Lessor Content does not violate any restrictions regarding use including anythird-party intellectual 121, property rights oriaws.Seller and/or Lessoragrees to execute any furtherdocuments that are necessaryto effectthis license. 122. NOTICE: THE COMPENSATION RATE FOR THE SALE, LEASE, RENTAL, OR MANAGEMENT OF REAL 123. PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. 124. BROKER'S COMPENSATION (Fill in all blanks): 125. COMPENSATION FOR SALE (To be completed only if Property is being offered for sale):Seller shall pay Broker a 126. retainer fee of$ 0.00 when Seller signs this Contract.Broker shall keep this fee even if Seller 127. does not sell the Property. It is further agreed that Seller shall pay Broker a brokerage fee of(Check any that apply.): 128. ❑ percent(%)of the price for which the Property is sold or exchanged; 129. 130. 131. © OTHER: 4% if Listing Agent represents both sides of the transaction, 6% if 132. another agent represents the Buyer. 133. 134. upon the occurrence of any of the following conditions,identified in lines 151-199. MNC:LQ 3(8/18) REALTORS Pa jodaptnRM5 COMMERCIAL LISTING CONTRACT.- EXCLUSIVE ONTRACT:EXCLUSIVE 135. Page 4 136. Property located at 5416 Stagecoach Trail North Oak Wwk Heights HN 55081 137. COMPENSATION FOR LEASE(To be completed only if P►•operly is being offeroed forlease):Lessor shall pay Broker a 138. n3tainer fee of$ when Lessor signs this Contract. Broker shall keep this fee even 139. if Lessor does not lease the Property. It is further agreed that Lessor shall pay Broker a brokerage fee of(Check any 140. that apply.): 141. ❑ percent(96)of the total gross obligation of the lease price; 142. ❑ percent of the total net obligation of the lease price: 143. ❑ $ ; 144. ❑ $ per useable square foot; 145. ❑ $ per rentable square foot; 146. ❑ OTHER: 147. 148. 149. upon the occurrence of any of the following conditions, identified in lines 151-199 and paid in the following manner: 150. percent upon lease execution and ___percent(%) upon lease occupancy. 151. COMPENSATION CONDITIONS: 152. 1. The sale and/or lease, contract for sale and/or lease, exchange or conveyance of the Property during the period 153. of this Contract by Broker or any other person,including but not limited to,Seller and/or Lessor or any other agent 154. or broker not a party to this Contract, in accordance with the price, terms, or exchange as set forth here or as 155, otherwise consented to by Seller and/or Lessor; 156. 2. A buyer and/or tenant is procured,whether by Broker, Seller and/or Lessor or anyone else, who is ready, willing 157. and able to purchase and/or lease the Property at the price and terms set forth above and Seller and/or Lessor 158, refuses to sell and/or lease; 159. 3. A Seller and/or Lessor agrees to sell and/or lease the Property before the expiration of this Contract, and Seller 160. refuses to close the sale and/or Lessor refuses to commence the lease in accordance with the terms of the executed 161. lease agreement; 162. 4. A Seller and/or Lessor removes the Property from the market before expiration of this Listing Contract; 163. 5. If Seller and/or Lessor grants an option to purchase and/or lease the Property,Seller and/or Lessor shall compensate 164. Broker,as provided here,based on the price paid for the option and for any extensions of the option.This compensation 165. shall be paid upon receipt by Seller and/or Lessor of any such payments.In the event such option is exercised, 166. whether during the term of this Contract,or within 6 months after,Seiler and/or Lessor shall also compensate 167. Broker on the gross sale and/or lease price of the Property in accordance with the provisions here. 168. Notwithstanding the foregoing,to the extent that all or part of the price paid for the option or any extension of the option 169. is applied to the sale and/or lease price of the Property,then any compensation previously paid by Seller and/or 170. Lessor to Broker on account of such option payments shall be credited against the compensation payable to Broker 171, on account of the exercise of the option; 172. 6. During the term of this Listing Contract or within 180 days (not to exceed six(6) months, except for the 173. purchase orsale ofa business in which case itcannotsweed fm(2)years)after the expiration of this Listing Contract: 174. (a) the Property is acquired by a public authority; 175. (b) an agreement to acquire the Property is reached with a public authority;or 176. (c) a public authority institutes eminent domain/condemnation proceedings to acquire the Property; 177. 7. Seller and/or Lessor contributes or conveys the Property or any interest therein to a partnership,joint venture or 178. other business entity during the term of this Contract in lieu of a sale and/or lease of the Property during the term 179, of this Contract; MNC:LC:E-4(8/18) REALTORS Page 40 of 122 COMMERCIAL LISTING CONTRACT: EXCLUSIVE 180. Page 5 181. Property located at 5416 Stagecoach Trail Borth Oak park Heights 55082 182. 8. Seller and/or Lessor is a partnership or other business entity,and an interest in the partnership or other business 183. entity is transferred, whether by merger, outright purchase and/or lease or otherwise in lieu of sale and/or lease 184. of the Property during the term of this Contract;or 185. 9. If within leo days(not to exceed six(6)months,except for the purchase or sale of a business in which case 186. it cannot exceed two(2)years)after the end of this Contract, Seller and/or Lessor sells and/or leases or agrees 187. to sell and/or lease the Property to anyone who has made an affirmative showing of interest in the Property by 188. responding to an advertisement or by contacting the Broker or salesperson involved or has been physically shown 189. the Property by the Broker or salesperson. It is understood that Broker shall not seek to enforce collection of a 190. compensation under this subparagraph nine(9) unless the name and address of the prospect is on a written list 191. given to Seller and/or Lessor within 72 hours after expiration of this Listing Contract. 192. IF YOU RELIST WITH ANOTHER BROKER WITHIN THE OVERRIDE PERIOD AND THEN SELL AND/OR 193. LEASE YOUR PROPERTY TO ANYONE WHOSE NAME APPEARS ON THIS LIST,YOU COULD BE LIABLE 194. FOR FULL COMMISSIONS TO BOTH BROKERS. IF THIS NOTICE IS NOT FULLY UNDERSTOOD, SEEK 195. COMPETENT ADVICE. 196. As security for Broker's compensation, Seller and/or Lessor hereby grants to Broker a security interest in the lease 197. payments from the lease of the Property or proceeds from a sale and any title company or other closer who conducts 198. the closing on the sale and/or lease of the Property is directed to disburse the Broker's compensation provided here 199. to Broker at the time of closing. 200. COMPENSATION DISCLOSURE: Broker g SHALL❑SHALL NOT offer compensation to cooperating brokers. (Check ons.}--- 201. If SHALL,the compensation to cooperating brokers shall be as follows: 202. CE 3 % of the gross sales and/or lease price or$ whichever is greater, to 203, cooperating brokers representing buyer and/or tenant. 204. ❑ %of the gross sales and/or lease price or$ , whichever is greater, to 205. cooperating brokers assisting buyer and/or tenant. 206. ❑ Other: 207. 208. FORFEITURE OF EARNEST MONEY:If a buyer of the Property defaults and as a result forfeits the earnest money, 209. Seller shall receive 0 percent(%) and Broker shalt receive o percent(%)of the earnest money. 210. CLOSING SERVICES: 211. NOTICE: THE REAL ESTATE BROKER, LICENSEE REPRESENTING SELLER OR REAL ESTATE 212. CLOSING AGENT HAS NOT EXPRESSED AND, UNDER APPLICABLE STATE LAW, MAY NOT 213. EXPRESS OPINIONS REGARDING THE LEGAL EFFECT OF THE CLOSING DOCUMENTS OR OF 214. THE CLOSING ITSELF. 215. After a purchase agreement for the Property is signed, arrangements must be made to close the transaction.Seller 216. understands that Seller may arrange for a qualified closing agent or attorney to conduct the closing, or Seller may 217. ask Broker to arrange for the closing.Seller understands that Seller may be required to pay certain closing costs which 218. may effectively reduce the proceeds from the sale. 219. Seller's choice for closing services (Check one.): 220. Q Seller wishes to have Broker arrange for the closing. 221. ❑Seller shall arrange for a qualified closing agent or Seller's attorney to conduct the closing. 222. (Sellers h fts) (Seftes inWals) 223. ADDMONAL COSTS: Seller acknowledges that Seller may be required to pay certain dosing costs, which may 224. effectively increase the cash outlay at dosing. MNC:LC:E-5(BMS) µ i �+ N E s a r A .A; REALTORS Page 41 of 122 COMMERCIAL LISTING CONTRACT: EXCLUSIVE 225. Page 6 226. Properly located at 5416 Stagecoach Trail Worth oak Park Relghto lav 55081 227. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT("FIRPTA'): Section 1445 of the Internal Revenue Code 228. provides that a transferee(`Buyer")of a United States real property interest must be notified in writing and must withhold 229. tax from the transferor("Selleel if the transferor rSeller")is a foreign person,provided there are no applicable exceptions 230. from FIRPTA withholding. 231. Seller represents and warrants that Seller ❑IS 0 IS NOT a foreign person (i.e., a non-resident alien individual, -(Chwkcme -- 232. foreign corporation,foreign partnership,foreign trust,or foreign estate)for purposes of income taxation. 233. Due to the complexity and potential risks of failing to comply with FIRPTA,Seller should seek appropriate legal and 234. tax advice regarding FIRPTA compliance,as Broker will be unable to confirm whether Seller is a foreign person 235. or whether the withholding requirements of FIRPTA apply. 236. AGENCY REPRESENTATION: 237. 0 Seller and/or Lessor will agree to a dual agency representation and will consider offers made by buyers and/or 238. tenants represented by Broker. 239. ❑ Seller and/or Lessor will not agree to a dual agency representation and will not consider offers by buyers and/or 240. tenants represented by Broker. 241. Real Estate Company Name: Talus Property ays a solutions 242. (Uceneee) 243. Seller and/or Lessor: Date: 244. Seller and/or Lessor: Date: 245. OTHER POTENTIAL SELLERS AND/OR LESSORS: Seller and/or Lessor understands that Broker may list other 246, properties during the term of this Contract.Seller and/or Lessor consents to Broker representing such other potential 247. sellers and/or lessors before, during,and after the expiration of this Contract. 248. PREVIOUS AGENCY RELATIONSHIPS: Broker, or licensee representing Seller and/or Lessor, may have had a 249. previous agency relationship with a buyer and/or tenant of Seller's and/or Lessor's Property. Seller and/or Lessor 250. acknowledges that Broker, or licensee representing Seller and/or Lessor, is legally required to keep information 261. regarding the ultimate price and terms the buyer and/or tenant would accept and the motivation for buying and/or 252, leasing confidential, if known. 253. TERMINATION OF FIDUCIARY DUTIES: Broker's fiduciary duties,except the duty of confidentiality,terminate upon 254, the successful closing and/or lease of the Property(les) specified in this Contract or expiration or cancellation of this 255. Contract,whichever occurs first. 256. INDEMNIFICATION:Broker will rely on the accuracy of the information Seller and/or Lessor provides to Broker.Seller 257. and/or Lessor agrees to indemnify and hold harmless Broker from and against any and all claims, liability, damage, 258. or loss arising from any misrepresentation, misstatement, omission of fact, or breach of a promise by Seller and/or 259. Lessor. Seller and/or Lessor agrees to indemnify and hold harmless Broker from any and all claims or liability related 260. to damage or loss to the Property or its contents,or any injury to persons in connection with the marketing of the Property. 261. Indemnification by Seller and/or Lessor shall not apply if the damage,loss,or injury is the result of the gross negligence 262. or willful misconduct of the Broker. 263. ADDITIONAL NOTICES AND TERMS: As of this date Seller and/or Lessor has not received notices from any 264, municipality, government agency, or unit owners' association about the Property that Seller and/or Lessor has not 265. informed Broker about in writing.Seller and/or Lessor agrees to promptly inform Broker, in writing,of any notices of 266. such type that Seller and/or Lessor receives during the term of this Contract. 267. This shall serve as Seller's and/or Lessor's written notice granting Broker permission to obtain mortgage information 268. (e.g.,mortgage balance,interest rate,payoff and/or assumption figures)regarding any existing financing on the Properly 269. A copy of this document shall be as valid as the original. 270. MISCELLANEOUS:This Contract is binding upon the heirs, successors,and assigns of the parties. 271. All of the representations and covenants of this Contract shall survive and be enforceable after termination of this 272' Contract. � ' FiEALI'OFiS� MNC:LC:E-e(8/18) Page 42 of 122 COMMERCIAL LISTING CONTRACT.- EXCLUSIVE ONTRACT:EXCLUSIVE 273. Page T. 274. Property located at 5416 Stagecoach Trail North Oak Park 8eighte iii 55082 , 275. This Contract constitutes the complete agreement between the parties and supersedes any prior oral or written 276. agreements between the parties relative to the provisions herein. No amendment, modification, or extension of this 277. Contract shall be valid or binding unless made in writing and signed by both Seller and/or Lessor and Broker. 278. This Contract shall be governed by the laws of the State of Minnesota. 279. ELECTRONIC SIGNATURES:The parties agree the electronic signature of any party on any document related to this 280. transaction constitute valid,binding signatures. 281. CONSENT FOR COMMUNICATION:Seller and/or Lessor authorizes Broker and its representatives to contact Seller 282. and/or Lessor by mail, phone, fax, e-mail, or other means of communication during the term of this Contract and 283. anytime thereafter. 284. OTHER: 285. 286. 287. BROKER SELLER AND/OR LESSOR 288. ACCEPTED BY: Teles Froperty Svs a Solutions ACCEPTED BY: (Real Estate Company Flame) (Seller andlor Lessor) 289. By: :. _... (Licensee) By 290. (Data) (Title) 291. 84 St. Croix Trail S. (Address) Lakeland MR 55043 (D�W) 292. 612-325-3038 (Phone) (Address) 293. biellerOccim.net (E-Mall Address) ........ ........� (Phone) 294. (E-Mall Address) 296• SELLER AND/OR LESSOR 296• ACCEPTED BY: (Seller andkr Lessor? 297. By: 298. fts: (Title) 299. (fie) 300. (.. Address) 301. QPha ) 302. (E-Mail Address) 303. THIS IS A LEGALLY BINDING CONTRACT BETWEEN SELLER AND/OR LESSOR AND BROKER. 304. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. MNC:LC:E-7(sna) `I REALTORS Page 43 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 44 of 122 Oak Park Heights Request for Council Action Meeting Date: July 23rd, 2019 Agenda Item Title: Provide Letter of Support—Washington County—TED Grant Application Time Required 3 minutes Agenda Placement New Busines,,---7/ / Originating Department/Requ to • ric J46 , dministrator Requester's Signature Action Requested: Discussion. Posi e Action Background/Justification(Please dicate any previous action, financial implications including budget information and recommendati ). Similar to the request received in 2017 from PROJECT FUNDING NEEDS Washington County to support the TED application,the City has received another request $25-30 MILLION for the City to offer a letter of support for a TOTAL PROJECT COST County grant application to the same program for - _ --� $12-17 MILLION 2020 related to improvements to the TH 36 and FUNDING DEFICIT Manning Intersection. FUTURE POTENTIAL FUNDING SOURCES -TED GRANT -BURR GRANT Like the previous request, the uses of the funds . � -�"°'"� F^ $13 MILLIOK would be to improve the interchange with a grade I �.� � CURRENT FUNDING separated project. It is a $25+ Million project CONTACT $6 MILLION with the approximate funding sources shown in your la®Irepreeente6vesto MTEAID suppoK this pmjec( WWASNINGTON COUNTY the text box. G)PJ Pmject Website ++ METROFOUTAN REGIONAL Staff has prepared two letters (attached) the —11 I `� u SD°CITAMON (FEDERAL FUNDING) Council my desire to discuss and approve: 11,711]1 NIGNWAY 33 5 MANNING.AVENUE(CSAN 15)INTERCNAN(SE STUDY 1. Offering that conceptual support. 2. Providing a clarification letter to the County's file that the City is not at this time concurring with any final layout or approving local costs. Page 45 of 122 Eric Johnson From: Joseph Ayers-Johnson <Joseph.Ayers-Johnson@co.washington.mn.us> Sent: Friday,June 28,2019 3:38 PM To: Eric Johnson Subject: City of Oak Park Heights Letter of support-TH 36/Manning Ave TED application Attachments: Sample Support Letter Manning&36.docx Good afternoon Eric— Washington County is applying again for a MnDOT Transportation Economic Development(TED) program grant for the TH 36/Manning Ave interchange project.As part of the application,we are looking for Letters of Support from the surrounding cities and partners.We hope you or the appropriate person at the City will be able to write a letter for this year's application. I've attached a generic template that can be used for your convenience. If you could email me a signed Letter of Support by July 26"', it would be much appreciated. Please let me know if you have any questions or concerns. Thank you,and have a good weekend. Joe Joe Ayers-Johnson I Planner I I Planning Division Washington County Public Works Office:651-430-43321 Cell:651-485-7569 i Page 46 of 122 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439-0574 July 24th, 2019 Wayne Sandberg Washington County Engineer 11660 Myeron Road North Stillwater Mn 55082 RE: Support for Transportation Economic Development program funding for the Trunk Highway(TH) 36/County State Aid Highway(CSAH)36/Manning Avenue Interchange Project Dear Mr. Sandberg: The City of Oak Park Heights generally supports Washington County's application to the Transportation Economic Development (TED)program for funding for improvements to the TH 36/CSAH 15 /Manning Avenue interchange. We understand this program is designed to help meet the State's transportation and economic development needs by these strategic transportation investments that which then leverage substantial private investment that create and preserve high-wage jobs. For several years,the City of Oak Park Heights, Washington County,and MnDOT have been working to address safety, mobility issues and to enhance quality economic development opportunities along the TH 36 Corridor. Improvements to this interchange are anticipated to substantially ai4itthhose efforts to create high wage jobs. If you have any , comments,or concerns,please do not hesitate to contact me Kind Regards, City Administrator Cc:Ann Pung-Terwedo, Senior Planner Page 47 of 122 r,. :r. City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 July 24,2019 Wayne Sandberg Washington County Engineer 11660 Myeron Road North Stillwater,MN 55082 RE: Clarification-Support for Transportation Economic Development program funding for the Trunk Highway(TH) 36/County State Aid Highway(CSAH) 36/Manning Avenue Interchange Project. Dear Wayne: In the past weeks, at the request of County Public Works Staff, the City did offer its letter of support for Washington County's application to the TED program funding relative to the Manning and STH 36 improvements. We hope these letters of support are effective in the scoring of the Project as improvements are needed at this intersection. However, the City desires that the County's internal files should further reflect that the City's support of the TED application should not also be viewed an acceptance or approval of any possible "local costs" or any concept layouts, roadways or plans. Further, at this time these lands generally remain outside the City's jurisdictional borders. If and when these items may become known in the future and/or may be located within the City, the City could consider the evaluation of these costs and layouts. .7 Kind Regards, �� City Administrator Cc: Molly O'Rourke, County Administrator Frank Ticknor,Public Works Ann Pung-Terwedo, Senior Planner Page 48 of 122 Oak Park Heights Request for Council Action Meeting Date July 23rd,2019 Time Required: 5 Minutes Agenda Item Title: CONSIDER MOU—DE NT/ANNEXATION OF LANDS WITH CITY OF STILL ONCEPT APPROVAL Agenda Placement New ..r Originating Department/Re stor: 'c son.City Administrator Requester's Signature Action Requested Discuss' ssible Action Iff Background/Justification(Ple indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo. (this memo is similar to the documents in the Worksession packet for 7/23/19) Page 49 of 122 Y. . City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 7/15/19 MEMO TO: Mayor and Co cil M bers FROM: Eric Johnson, ity m' r RE: MOU-Joint nexation/ etachment Part of the complexity of sec a fin agree t with MNDOT to complete the Lookout Trail reconstruction has been the securing lands within one jurisdiction. In short, MNDOT has made it known that such an action would be necessary before they could truly move forward with any Project. To that end, we have communicated with the City of Stillwater on a number of occasions and over a period of years to ascertain their interest in such detachment of four parcels in some fashion. Until recently Stillwater has been reticent to detach such parcels; we understand that there may have been some confusion on what was being asked of them from the State relative to other maintenance of these lands not being part of any roadway. At this time, with a possible Canvas Health project near Panama Ave. in the offing, respective Staff has had some dialogue where there could be a transfer of jurisdiction of lands that each City might desire. The lands being exchanged are all"Tax Exempt"(see tax reports attached). Further we have clarified that MNDOT would still be responsible for management of its own lands(not in the ROW), as the land owner-ship is not changing, only its jurisdiction. To move the project forward and implement a boundary adjustment both parties must agree to such exchange and pass relevant resolutions and submit to the State of Minnesota. These would be the final administrative acts,but should be proceeded with an MOU that outlines the terms and conditions. That draft is enclosed and is something we can discuss on 7/23/19. If the Council would believe this action is appropriate,Staff would request concept approval of the MOU(DRAFT ENCLOSED)with a final agreement and resolutions to be forthcoming this fall. Page 50 of 122 , 7M TE Current Owner. Property Address: CANVAS HEAL^~~ ^4=^="'""'" z��mmxmam 7066 STILLWATER BLVD SMLLWATER MN 55082 WITH STATE OAKDALE,MN 55128 DEPARTMENT OF REVENUE Taxing District 6101 OAK PARK HTS-834-MSCWMO GIS MAP A140 Tax Description VALUE INFORMATION ;W 70 FT LOTS 11&12 BLOCK 1 WEBSTERS �nCUTF, Select aT9mYear mrPayment x^*m,and Tax mctao/nmnnmuv . pnopERTr ABSTRACT OR TORREN TAX PAYMTax Year fRATAx ';TaUlPaM�Pmoft/Fem'lutmlst'AAM)MA. ENT ____- ���zos^nm -- --- ^-'~ snnEwemr ��coxumx m / ~^�^` —^^ ~^~~ °^~~ ~.^~ ' snmEmsmT �-- -----------'----------' 2017 TAX *uoo $000 *uoo *unv w0.00 'STATEMENT - __ 2016 TAX � � 2015 0 $0.00 $0.00 wo.on *o.00 *uoo _sz*nEMon 2015 nX ?0;.1 11 , $0m0 w0.00 $0.00 $0.00 w0.00 � STATEMENT ------- BACK mpTAX ' n"` $0,00 $0.00 w0.00 $0.00 *o.DG STATEMENT WITH LATE o�� * *�zomo *��m�o *$0.00 $0.00$0.00 $0.00 '~'~^~' u -~..-.,'.-------'-----' - ---- ---'- SCHEDULE ' aw" u .*1,170.0 $1,170.0wozm m0.00 m0.00 »om $1,056.00$1�� 60 $ � - �00 $0.00 $0.00- -wu�wzon 8 o��� ! moTIcp Flo VA. 2WJAW 7A= EW-MM ram SGUMAL M= XK4jXW MAL 9K,-4YT 660 Walft Page o1o,1uu MEMORANDUM OF UNDERSTANING Concurrent Detachment and Annexation Cities of Oak Park Heights and City of Stillwater The cities of Stillwater and Oak Park Heights have a mutual interest in the detachment and annexation of certain lands and which provides reasonable benefits to each City. The following terms outline commitments and timelines upon which both parties can rely to contemplate and complete such transfers in a timely fashion.The Owners of the parcels listed in Exhibit A shall also concur with the provisions found in this Agreement(HOW?) The Parties Agree as Follows: 1. The City of Stillwater(Stillwater)will detach parcels/lands listed or shown in Exhibit A for concurrent annexation into Oak Park heights.The City of Oak Park Heights(OPH)will detach parcels/lands listed or shown in Exhibit B for concurrent annexation into Stillwater. 2. Pursuant to the Oct. 4"h, 2005 Washington County Government Center Agreement- Sec. III, Part 6, OPH also will detach parcel listed as shown in Exhibit C for concurrent annexation into Stillwater—this is parcel#3403020330106. 3. The City of Stillwater commits and warrants to OPH that should any redevelopment,expansion or change of use be sought upon lands lying east of Ozark Ave,West of Panama Ave and South of Orleans Street the parties agree that: a. INGRESS or EGRESS access may remain from Ozark to serve existing residence at 1495165" Street. b. At such time as the property at 14951 651h Street and/or upon directly adjacent lands lying wesi�6f Panama Ave and south of Orleans St. is sought for expansion or redevelopment, all access to Ozark Ave shall be removed and substantial berms and/or other landscaping shall be installed to prevent alteration and access. Landscaping, including for example low berms, evergreen trees and other traditional screening shall be installed along the westerly side so as to provide further visual buffers to the residential areas. c. At the time of redevelopment(or any replacement of fixtures)all building and site lighting shall and compliant with both cities lighting regulations—whichever is more restrictive, including the use of"full-cut off'lighting. d. There shall remain a minimum 30'buffer from the eastern ROW line of Ozark Ave and no development may occur in in this area—(See Exhibit B)and shall remain as a wooded/natural area. This area also contains a stormwater basin that serves both OPH and STW and which shall not be altered without further written agreements. The eastwardly limits of this buffer area is approximately 60'from the center line of the Ozark Ave roadway. e. Any storm water improvements from the Ozark and 64th Street drainage district shall be cost shared between both Cities based on the contributing drainage area from each respective City. 4. The City of Oak Park Heights commits and warrants to Stillwater that all lands transferred into Oak Park Heights shall remain in public ownership and that the City of Stillwater is not responsible for any further site maintenance of these parcels. 5. The City of Oak Park Heights shall assume all maintenance of the trail-way located along the eastern side of Lookout Trail relieving Stillwater of this specific obligation that may be found in the MOU Agreement dated 9/8/06, Part 8. Sec. e and/or its subsequent Agreements being MNDOT Contract No.01433 and MnDOT Contract No.04958.These Agreements are incorporated by reference. In all cases, except for this specific trail area along Lookout Trail all other responsibilities found the Agreements remain with the City of Stillwater. Page 52 of 122 6. Subject to the approval of the OPH City Engineer,the City of Oak Park Heights shall provide access to its sanitary, storm and water systems for any further redevelopment of the properties located at 6450 Panama Avenue,375 Orleans St East and 14951 65th St, but such access shall be consistent with other policies and regulations that are in effect in OPH. Any access to OPH utility systems shall be subject to the review and approval of the OPH City Engineer, but may not be unreasonably conditioned,withheld or delayed.The Developer of such lands shall be responsible to cover any OPH costs, fees or permits typically required under OPH regulations should access be sought. 7. There are no supplemental payments, transfer of taxation capacity or special assessment privileges provided for in this MOU. 8. The maintenance of Ozark and 64th Streets shall remain as currently practiced. Current practice splits the costs 50% /50%for minor and major maintenance between the Cities. 9. The City Attorneys from both cities shall negotiate and finalize a Detachment & Annexation Resolution to be considered adopted by both parties—final executed copies of the resolutions shall be attached hereto as Exhibit D. Each party will bear its own costs to complete this transaction.Any costs incurred to submit such actions to the State of Minnesota shall be shared equally 50%150%. 10...SHOULD THE Owners of all lands be a signatories or should we secure separate letters of support? CITY OF STILLWATER CITY OF OAK PARK HEIGHTS Ted Kozlowski,Mayor Date Mary McComber,Mayor Date J.Thomas McCarty City Administrator Eric Johnson,City Administrator Date Page 53 of 122 Exhibit A Lands to be conveyed from Stillwater to Oak Park Heights Pared to OPH Tram S71N (No R") ♦jy Pagel to OPH Iran STW Ti1t5 tr8fl sFxlkxr[1BCOIrleS OPN respansla�ilotlr T �� b I I� Parcef to OPH It=5TW • ' - _ c. .x--. Parcel to OPH hum STVV 2 U Wp Tnls hntYu¢tpal boundary Lrne wprW tle UEieted and would wrap wound the abwe 4 parcel- see green dasnea lu* � y a� iI fy { � d eW, Legend MUNICIPALITY LINES�� Page 54 of 122 Exhibit B Lands to be conveyed from Oak Park Heights to Stillwater Buffer Area w� New Bounury Lm P=0 to STW ftm am Pavicel ID STW Utm C" r� r t�uLerRrea f I i, w i Page 55 of 122 Exhibit C Lands to be conveyed from Oak Park Heights to Stillwater—Parcel#340302330106 aaah rm can== ant c+a Garlrrp w qa lo W 11 h :MFF w �df VAMMM 3407==X4 rNY y�aira` !' RMJW BOSS FWAMM �.�$1y r4 � kw. i11lERir711�a Mit Pork" 147" it STRICTM 1a' 1 t.1 t ' M Ida CSS+ u"40*WPI MIC" +Jby3 FUWA7111 a ala: KU ar Mu 401 Mil k. ia4G o . AM-am a .. . ftW.rw aK K.rspw ++n UlE1,01S[ 11oau1wl usftyac MOM uvaawx 14" oW0kjWe JMMWAtWp awe�+vx Mu OrM,rOdjt 170{Sk4aMf7 04M1,�00yt /vr ren e. irn+.ra+4 Yr aar! � t; f 1MrIiM 7 isprc Page 56 of 122 Exhibit D Copies of Council Resolutions. Page 57 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 58 of 122 Oak Park Heights Request for Council Action Meeting Date July 23rd,2019 Time Required: 5 Minutes Agenda Item Title: CONSIDER 36 MONTH EXTENSION—TENNIS SANIATTION—SOLID WASTE COLLECTION Agenda Placement New Business Originating Department/Requestor: Eric Johnson,City Administrator Requester's Signature Action Requested Solid Waste Agreement—Tennis Sanitation Background/Justification(Please indicate if any previous action has been taken or if other public bodies have adviced)- In the fall of 2014,the City solicited an RFP for solid waste and recycling services as the City's contract was expiring with the then hauler Advanced Disposal. At that time the City received two bids; from Advance Disposal and from Tennis Sanitation. That RFP required a 5-year commitment with a 36-month extension provision in-favor of the City. As of 12/31/19 that initial five-year Agreement will expire. However,the City does have a right to extend the Agreement for 36 additional months as outlined in the excerpt below. The question at hand is:Does the City wish to extend the current relationship with Tennis Sanitation or does it desire to issue and RFP and essentially plan for a new hauler and rates. To consider this, what has been Tennis' service II. UBi1tOFCONTJtACT history and rates? MMd Mob=ofd" a�be a pwW oMv(3)I=s Qom J+�Y 1,2015 ea Dw=bcr 31,2019. Ik cagy at its q7d=may aaW the tum of chis Cotdna faraperiodoftimmuot 6D escoedthroe(9)yatsbeyood tltsarlaioal tatatioa�an date.City ",poavlde wn tlao mtiee tD Cao4aetor of ib iat�t to esleod$cs Caotmct at 1. Fundamentally, Tennis Sanitation has 19MAW day,paereea6e#MXbXtj00ertb Wb(D V= performed well for the City and we have not experienced material deficiencies in their services to date—or at least no more than can be reasonably anticipated.They appear to be compliant with timing,required equipment and responsiveness. 2. From a cost perspective, staff did review some comparable rates earlier in 2019 (see below) and the City likely receives quite favorable pricing compared to the responding cities.Moreover,there is not a guaranty that if the City does seek a new bid,that it will necessarily be cheaper—most likely... it would not. Considering these two realities and the fact that City residents(and City operations as well)would need to become accustomed to a NEW Hauler—there does not seem to be a significant reason to leave the current relationship with Tennis Sanitation. Accordingly: Staff would seek permission to issue a NOTICE to Tennis Sanitation to extend the current agreement through 12/31/2022. Page 59 of 122 OPH Rates as In Bayport Rates River Falls White Bear Shakopee as Effect through through 12131MB !fates as of Lake as of of=019 12131M S 2/2019 212019 35 Callon Disposal Fee s 3.51 Collection Fee : 4.00 Recycling Fee 8 2.55• Yard Waste s 1.00 Appliance Fee�'' S 0.41 Total S 11.47 S 15.55—S 14.20 S 10.00 S 13.05 65 gallon Disposal Fee S 5.59 Collection Fee S 4.00 Recycling Fee S 2.55' , Yard Waste S 1.00 Appliance Fee f11 $ 0 Total S • 13.55 S 18.9& S 14.20 S 15.90' S 15.24 95 gallon Disposal Fee S 5.39 Collection Fee S 4.00 Recycling Fee S 2.55 Yard Waste S 1.00 Appliance Fee��t S 0.41 TOtal S • 15.35 is 22.3043 14.20 8 21.55 S 17.40 Page 60 of 122 rk- A City of Oak Park Heights 14168 Oak Park Blvd. N e Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439 a Fax(651)439-0574 7124119 T0: Greg Tennis,Tennis Sanitation ***VIA-Certified Mail�** Willie Tennis,Tennis Sanitation 720 4+h Street St.Paul Park,MN 55071 ***Also,via email X1.1 eT@ ennissanitation.com*** RE: Contract Extension—1213112022 We appreciate the work Tennis Sanitation has supplied as we are sure you appreciate the fees the City has paid and our commitments to your firm - as the City pays an estimated $190,000 annually for such services and will likely approach over $1,000,000 during the initial term of the Agreement. As we know,the current Agreement runs through 12/31/19(see excerpt from Agreement below)and allows the City to e;qgo such Agreement for up to three(3)additional years. TBRM OF CONTRAC.r The t=of dais Coateaot&ball be a period of fm(5)yaaea Commicocus iss omy 1,2015 wA ea ft an Doomober 31,2019. The City as its gWun may of this Closet for apa dod of lime not to eateaed ttmee(3)yssts beyond t date.City#ball g:ovidc a►tittan -'+cdacW of its iatant to this at IOW ninety(90)dayaprlor to 11 ^1 of ft oriffbw two„ At this time the City is largely satisfied with the sevices provdied a current rate structures and we do value our collboration. Accordingly, at this time the City will exercise such an extensio r d of 36 Months and will now expire on 12131/2022. Please let me know if you have any questions Thank You. Eric Johnson, City Administrator Cc: Jennifer Pin )ierk ` Weekly Notes k_YF. Page 61 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 62 of 122 I Oak Park Heights Request for Council Action Meeting Date July 23rd,2019 Time Required: 5 Minutes Agenda Item Title: Stillwater Area High School-Amended Conditional Use Permit— Banners and PAC Signage Agenda Placement New Business Originating Department/Reque or: 'c ohnson CitAdministrator Requester's Signature Action Requested Vis Action Background/Justification(Plea/indicate if any previous action has been taken or if other public bodies have advised): Please see the following from Scott Richards, City Planning Consultant 1. Staff Report dated July 2nd 2019- as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 63 of 122 TPC3601 Thurston A%aenue K Suite 100 Anoka, MN 85303 Phone: 753.231.6&40 Facsimile: 763.427.0620 TPC6.P1ann1ngCo.00m PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: July 2, 2019 RE: Oak Park Heights Stillwater Area High School—Signage Conditional Use Permit—5701 Stillwater Boulevard North TPC FILE: 236.02 19.06 BACKGROUND Carissa Keister of the Stillwater Area Schools has made application for an Amended Conditional Use Permit (CUP)to allow signage on a total of five light poles-and a Pony Activity Center wall sign that exceeds size requirements at the Stillwater Area High School located at 5701 Stillwater Blvd North. Each pole sign would display a red directional message and a black pony logo. The proposed Pony Activity Center sign would measure 150 feet by 75 feet. The site is zoned O, Open Space Conservation District in which the High School has been permitted as a conditional use. Any changes to the site or the uses require a CUP. The original CUP for the High School was approved December of 1991. EXHIBITS The review is based upon the following submittals: Exhibit 1: Letter from Cadesa Keister—June 6,2019 Exhibit 2: Picture of Fine Arts/Pony Logo Banner Exhibit 3: Picture of AthleticstPony Logo Banner Exhibit 4: Picture of Welcome/Pony Logo Banner Exhibit 5: Picture of Go Ponies/Pony Logo Banner Exhibit 6: Pony Activity Center Sign Exhibit 7: Elevation of Pony Activity Center Sign Exhibit 8: Elevation Length and Location of Pony Activity Center Sign Page 64 of 122 PROJECT DESCRIPTION The letter from Carissa Keister is found as Exhibit 1 describes the project: The Stillwater Area Public School District is seeking approval from the City of Oak Park Heights to place directional signs around the Stillwater Area High School campus. This signage would help visitors find their way to the various entrances, including the main entrance as well as entrances to the fine arts, athleflas and Pony Activity Center(PAC). The signage would also display our "Pony"logo to help promote Pony Pride and build a sense of community with students, staff and visitors to our campus. Specifically, we are seeking approval from the city for the following Items: Light pole banners: 10 two4ded banners (22.5"x48") to be mounted on a total of five light poles near the building. Each pole would display a red "directional"banner and a black "pony logo" banner. See attached images for banner mock-ups and location detail: • 2 light poles on either side of main entrance • 1 light pole near the Fine Arts entrance • 1 light pole near the Athletics entrance • 9 light pole near the PAC entrance Wail sign: 1 PAC (Pony Activity Center) wall sign measuring 150" by 75- The sign would be mounted to the exterior of the building on a wall measuring 489 feet long and 32 feet tall. The sign itself would not be lighted, however, we may add directional lighting at some point to Illuminate the sign. Please see the attached image for a sign mock-up and location detail. Should approval be granted, it is our plan to install the new signage in August, so It is in place for the start of the 2099-2020 school year. ISSUES ANALYSIS Comprehensive Plan. The properly is designated as School Facilities on the Proposed Land Use Map of the Comprehensive Plan. The proposed signage at the High School will be consistent with this land use designation. Zoning. The site Is zoned O, Open Space Conservation District in which the High School has been permitted as a conditional use. Any changes to the site or variations to signage that would normally require a CUP, must follow the amendment process. The criteria found in Section 401.03.A.7 of the Zoning Ordinance must be considered when reviewing a request for this We. 2 Page 65 of 122 Within the O District, the following sign provisions would apply for the High School: Other non-residential uses penmitted or conditionally permitted in the O District shall be allowed one monument sign, not to exceed eight (8) feet in height and one (1) wall sign, the aggregated square footage of sign space shall not exceed Andy(40) square feet. Additionally,the foilowing provision also applies in the O District: Exceptions in numbers of, height, or size of signs may be allowed for the signs indicated in Section 401.15.G.8 of this Ordinance by conditional use permit, as provided in Section 401.03 of this Ordinance. The High School currently has one monument sign and one wall sign above the main front entrance. The overall signage square footage and number of signs has been exceeded, but the Ordinance would allow the additional proposed signage by CUP. The request is for the 10 signs on the light poles, each approximately 7.5 square feet and the requested PAC sign which is approximately 78 square feet. The CUP would be reviewed based upon the following criteria. Conditional Use Permit. The Planning Commission should consider the following issues and impacts of the proposed project in making its recommendation. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8 The impact upon existing public services and facflrfies including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's confonnity with all penbrmance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The use is consistent with the Comprehensive Plan and in conformity with present and future land uses. There should be no environmental issues or impact to surrounding property owners. Most of the signage will not be visible from outside of the school grounds. There is no impact upon public services and facilities. City Staff sees no issues with the signage as proposed In that currently the high school has very little 3 Page 66 of 122 signage and much of what is proposed will provide directional information to students and visitors. Sign Lighting. The pole signs will be lit by the existing light fixtures above the mounted signage. The narrative indicates that the PAC sign will not be lit but may be at a later date. If any lighting is added the City shall be notified and it will need to comply with the provisions of the Zoning Ordinance. CONCLUSION 1 RECOMMENDATION Upon review of the request for an Amended Conditional Use Permit (CUP) to allow signage on a total of five light poles and a Pony Activity Center wall sign that exceeds the allowed number and size requirements at the Stillwater Area High School located at 5701 Stillwater Blvd North, City Staff would recommend the project with the conditions as follows: 1. Any signage to be installed on site shall be in compliance with Section 401.15.G of the Zoning Ordinance, the Amended CUP and will require a sign permit. 2. Any sign lighting proposed for the PAC signage shall be in compliance with the lighting requirements 401.15.G.4 of the Zoning Ordinance. Pc: Julie Hultman 4 Page 67 of 122 W Independent School District 634 iSt 'llwater 18%6 South GreeieY Street I Stillwater,Minnesota 66082 AREA PUBLIC SCHOOLS 651.8b'.4W. �-- vaww.etilhvaAersl?bop�orp JUN 10 2019 June 6,2019 To Whom It May Concern, The Stillwater Area Public School District Is seeking approval from the City of Oak park Heights to place directional signs around the Stillwater Area High School campus.This signage would help visitors find their way to the various entrances,including the main entrance as well as the entrances to the fine arts, athletics and Pony Activity Center(PAC).The signage would also display our"Pony"'logo Whelp promote Pony Pride and build a sense of community with students,staff and visitors to our campus. Specifically,we are seeking approval from the city for the following items: 1.Jght pole banners: 10 two-sided banners(22.5"x 49")to be mounted on a total of five fight poles near the building.Each pole would display a red"directional"banner and a black"pony logo" banner.See attached images fear banner mock-ups and location detail: 2 light poles on either side of main entrance 1 light pole near the Fine Arts entrance 1 light pole near the Athletics entrance * 1 light pole near the PAC entrance Wall sign: 1 PAC(Pony Activity Center)wall sign measuring 150"by 75".The sign would be mounted to the exterior of the building on a wall measuring 469 feet long and 32 fleet tall.The sign itself will not be lighted, however,we may add directional lighting at some point to Illuminate the sign.Please see the attached image for a sign mock-up and location detail. Should approval be granted,it is our plan to install the new signage in August so it is in place for the start of the 2019-2020 school year. Please feel free to contact Carissa KeisteratLkeistercOstillwaterschools.0 or Tony Wiliger at willggrtCcastillwaterschools.ori for additional infbrmetion. Thank you for consideration of this request. ,f-v- Carissa Kelster,APR Community Engagement Manager Page 68 of 122 1 4 r , i! 4. E 1)1�111N 17 ge L fS I r� 1 a fru xw 1. of 122 j A • i r } Page 70 of 122 �1 f e r t n�k � ..q i ,rl Y _ iiil.�^il le'. r — J, . � � \§ . .A[ « - . . . y « - ? \ . - c>�sZ �»\ - OD \y \ t r x ` • prof �� ��,. ! �� �� ,P :•+iF J E I r _U J1I w lei 14 t P Itl t ;d � �E l� a * ` k te" ,: { }, a r516 .� -�gS•�.'�;. Y� py 1 I f �a w �K• 0.A F !�� TT 4x i • +'t j,9 r/ d� f E A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY THE STILLWATER AREA PUBLIC SCHOOLS, ISD 8349 FOR AN AMENDED CONDITIONAL USE PERMIT TO ALLOW SIGNAGE ON FIVE LIGHT POLES AND A PONY ACTIVITY CENTER SIGN AT THE STILLWATER AREA HIGH SCHOOL LOCATED AT 5701 STILLWATER BOULEVARD NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from the Stillwater Area Public Schools, ISD 834, for an amended Conditional Use Permit to allow signage on five light poles and a Pony Activity Center Sign at the Stillwater Area High School, located at 5701 Stillwater Boulevard North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned O, Open Space Conservation District. The subject property requires a Conditional Use Permit for changes to the site including signage that exceed the allowances of the O, Open Space Conservation District; and 4. The Applicant has proposed a total of 10 signs on five light poles, each of the signs shall be 7.5 square feet for a total of 75 square feet. The Pony Activity Center sign shall be approximately 78 square feet placed on the north facade of the building; and 5. The O, Open Space Conservation District allows for one monument sign and one wall sign,the aggregate square feet shall not to exceed.40 square feet, although Page 76 of 122 exceptions in numbers of,height or size of signs may be allowed by Conditional Use Permit; and 6. City staff prepared a planning report dated July 2, 2019,reviewing the request; and 7. Said report recommended approval of the amended Conditional Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their July 11, 2019 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by the Stillwater Area Public Schools, ISD 834, for an amended Conditional Use Permit to allow signage on five light poles and a Pony Activity Center Sign at the Stillwater Area High School located at 5701 Stillwater Boulevard North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. Any signage to be installed on site shall be in compliance with Section 401.15.G of the Zoning Ordinance, the Amended Conditional Use Permit and will require a sign permit. 2. Any sign lighting proposed for the PAC signage shall be in compliance with the lighting requirements 401.15.G.4 of the Zoning Ordinance. Recommended by the Planning Commission of the City of Oak Park Heights this 11a'day of July 2019. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 2 Page 77 of 122 ATTACHMENT A Conditional Use Permit Amendment Stillwater Area High School (ISD#834) PAC& Parking Lot Pole Signs Washington County Parcel Number:06.029.20.41.0002 Legal Description: Legal Description: PT W1/2-SW1/4& PT NE1/4-SW1/4&PT NE1/4&PT SE1/4&PT SE1/4-NW1/4 DESC AS FOLL:COM AT AT COR OF SD W1/2-SW1/4 SEC05 THN N01DEG48'09"W ASM BRG ALG THE E LN SD W1/2-SW1/4 DIST 1733.20FT TO POB THN S89DEG50'41"W PARL/W S LN OF SD W1/2-SWI/4 DIST 1325.39FT TO WLY LN OF SD Wl/2-SW1/4 THN S88DEG54'1S"W PARL/W S LN SD SEC 06 DIST 3332.47FT TO C/L OF OLD TRUNK HIGHWAY 212 AS LOCATED AND TRAVELLED IN 1923 THN N33DEG26'30"E ALG SD C/L 996.03FT THN N34DEG17'12"E ALG SD C/L DIST 100.41FTTO N LN SD NE1/4-SWI/4 THN S88DEG45'42"W ALG SD N LN DIST 3.69FTTO C/L TRK HWY 5 AS PRESENTLY LOCATED AND TRAVELLED THN N34DEG17'12"E ALG SD C/L DIST 609.44FT TO N LN OF S 496FT SD NEI/4 THN N88DEG45'42"E ALG 5D N LN DIST 2342.42FT TO E LN OF SD NEI/4 THN S02DEG00'03"E ALG SD E LN DIST 496FT M/L TO NW COR SD W1/2-SWI/4 THN N89DEG46'17"E ALG THE N LN SD SD W1/2-SWI/4 DIST 1324.32FT TO NE COR OF SD W1/2-SW1/4 THN S01DEG48'09" E ALG SD WE LN OF W1/2-SWI/4 DIST 910.86FT TO POB EXCEPT:PT THEREOF BEING THE TRACT DESCRIBED IN DOC 468927 SUBJ TO TRK HWY 5 ALG NWLY LN AREA OF PARCEL 118 ACRES M/L SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD AND SUBJECT TO A DRAINAGE AND PONDING EASEMENT TOWNSHIP 029 RANGE 020 Page 78 of 122 ATTACHMENT B t, Conditional Use Permit Amendment Stillwater Area High School (ISD#834) PAC& Parking Lot Pole Signs Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150'from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing& Recommendation:July 11, 2019 Required Approvals: CUP Amendment City Council 4/5 Conditional Use Permit- Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) CUP Amendment: An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplication for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance 401. (401.03.C.5) Page 79 of 122 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY THE STILLWATER AREA PUBLIC SCHOOLS, ISD 8349 FOR AN AMENDED CONDITIONAL USE PERMIT TO ALLOW SIGNAGE ON FIVE LIGHT POLES AND A PONY ACTIVITY CENTER SIGN AT THE STILLWATER AREA HIGH SCHOOL LOCATED AT 5701 STILLWATER BOULEVARD NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from the Stillwater Area Public Schools, ISD 834, for an amended Conditional Use Permit to allow signage on five light poles and a Pony Activity Center Sign at the Stillwater Area High School, located at 5701 Stillwater Boulevard North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned O, Open Space Conservation District. The subject property requires a Conditional Use Permit for changes to the site including signage that exceed the allowances of the O, Open Space Conservation District; and 4. The Applicant has proposed a total of 10 signs on five light poles, each of the signs shall be 7.5 square feet for a total of 75 square feet. The Pony Activity Center sign shall be approximately 78 square feet placed on the north fagade of the building; and 5. The O, Open Space Conservation District allows for one monument sign and one wall sign,the aggregate square feet shall not to exceed 40 square feet, although Page 80 of 122 exceptions in numbers of,height or size of signs may be allowed by Conditional Use Permit; and 6. City staff prepared a planning report dated July 2, 2019,reviewing the request; and 7. Said report recommended approval of the amended Conditional Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their July 11, 2019 meeting,took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL RECOMMENDS THE FOLLOWING: A. The application submitted by the Stillwater Area Public Schools, ISD 834, for an amended Conditional Use Permit to allow signage on five light poles and a Pony Activity Center Sign at the Stillwater Area High School located at 5701 Stillwater Boulevard North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. Any signage to be installed on site shall be in compliance with Section 401.15.G of the Zoning Ordinance, the Amended Conditional Use Permit and will require a sign permit. 2. Any sign lighting proposed for the PAC signage shall be in compliance with the lighting requirements 401.15.G.4 of the Zoning Ordinance. Approved by the City Council of the City of Oak Park Heights this 23rd day of July 2019. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 2 Page 81 of 122 ATTACHMENT A Conditional Use Permit Amendment Stillwater Area High School (ISD#834) PAC& Parking Lot Pole Signs Washington County Parcel Number:06.029.20.41.0002 Legal Description: Legal Description: PT W1/2-SW1/4&PT NE1/4-SW1/4&PT NE1/4&PT SEi/4&PT SEi/4-NW1/4 DESC AS FOLL:COM AT AT COR OF SD W1/2-SWI/4 SECOS THN N01DEG48'09"W ASM BRG ALG THE E LN SD W1/2-SWI/4 DIST 1733.20FT TO POB THN S89DEG50'41"W PARL/W S LN OF SD WI/2-SWI/4 DIST 1325.39FT TO WLY LN OF SO WI/2-SW1/4 THN S88DEGS4'15"W PARL/W S LN SD SEC 06 DIST 3332.47FT TO C/L OF OLD TRUNK HIGHWAY 212 AS LOCATED AND TRAVELLED IN 1923 THN N33DEG26'30"E ALG SD C/L 996.03FTTHN N34DEG17'12"E ALG SD C/L DIST 100.41FTTO N LN SD NEI/4-SWI/4 THN S88DEG45'42"W ALG SD N LN DIST 3.69FTTO C/L TRK HWY 5 AS PRESENTLY LOCATED AND TRAVELLED THN N34DEG17'12"E ALG SD C/L DIST 609.44FT TO N LN OF S 496FT SD NE1/4 THN N88DEG45'42"E ALG SD N LN DIST 2342.42FT TO E LN OF SD NE1/4 THN S02DEG00'03"E ALG SD E LN DIST 496FT M/LTO NW COR SD W1/2-SWI/4 THN N89DEG46'17"E ALG THE N LN SD SD W1/2-SW1/4 DIST 1324.32FT TO NE COR OF SD W1/2-SW1/4 THN SOIDEG48'09" E ALG SD WE LN OF W1/2-SW1/4 DIST 910.86FT TO POB EXCEPT:PT THEREOF BEING THE TRACT DESCRIBED IN DOC 468927 SUBJ TO TRK HWY 5 ALG NWLY LN AREA OF PARCEL 118 ACRES M/L SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD AND SUBJECT TO A DRAINAGE AND PONDING EASEMENT TOWNSHIP 029 RANGE 020 Page 82 of 122 ATTACHMENT B Conditional Use Permit Amendment Stillwater Area High School (ISD#834) PAC& Parking Lot Pole Signs Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(350'/150'from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements)/Legal Description(s) Planning Commission Public Hearing& Recommendation:July 11, 2019 Required Approvals: CUP Amendment City Council 4/5 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) CUP Amendment: An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplication for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance 401. (401.03.C.5) Page 83 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 84 of 122 i Oak Park Heights Request for Council Action Meeting Date July 23rd, 2019 Time Required: 5 Minutes Agenda Item Title: Conditional Use Permit—6165 Beach Road—Carol Johnson—Placement of an Accessory Dwelling Agenda Placement New Business z //�, Originating Department/Reque r: E ' J on Ci Administrator Requester's Signature �0/0 'or OF Action Requested �lsc/ussion. Background/Justification(Pleas indicate if any previous action has been taken or if other public bodies have advised): Please see the following from Scott Richards, City Planning Consultant 1. Staff Report dated July 2nd 2019-as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 85 of 122 TPC3801 Thurston Avenue N,Suite 100 Anoka, MN 66303 Phone:783.231.6540 Facaim iie:783.427.0620 TPC§P1anningCo.00rn MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: July 2, 2019 RE: Oak Park Heights— Request for Conditional Use Permits for a Garage—6165 Beach Road Street North TPC FILE: 236.02—19.07 BACKGROUND Carol Johnson has made an application for Conditional Use Permits (CUP)to allow for replacement of a garage at 6165 Beach Road North. The application is for three Conditional Use Permits, to allow a replacement accessory structure for a multiple family dwelling unit, for the rear yard setback, and for placement of the structure not totally within the rear yard. There is an existing detached garage in the rear yard of 468 square feet which will be removed. The proposed garage will be placed in the same location and will be 768 square feet. The property is zoned R-2 Low and Medium Density Residential District. The principal structure is a four-unit multiple family dwelling. Mukiple family dwellings of four units or less and their accessory structures are an allowed conditional use in that District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Letter from Carol Johnson—June 21, 2019 Exhibit 2: Survey Exhibit 3: Site Plan (Aerfal Photo) Exhibit 4: Front View Proposed Garage Elevation Exhibit 5: Street View 6165 Beach Road North Exhibit 6: Street View Upper 61st Street North Exhibit 7: View from East of Existing Garage Exhibit 8: On Site Panting Plan—June 21, 2019 Exhibit 9: Site Pictures Comer Locations and Panting(6 pages) Page 86 of 122 PROJECT DESCRIPTION The project description and justification for the CUPS from Carol Johnson is as follows: This letter is in response to your letter to an dated June 19, 2099 regarding my application for construction of a new garage at the above referenced 4-plex address in Oak Park Heights, Washington County, Minnesota. 1. A new garage is needed at my residential 4-plex because the existing garage is approximately 50 years old and in very poor condition and too small. The roof is sagging, and the concrete floors are packed, uneven and some loose chunks are coming up. In addition, the existing garage does not have space available to meet the general storage requirements for a 4-plex of this type and size, especially since it will also be my own primary residence beginning in July. In order to resolve these issues, the proposed new garage will be 6 feet longer, 6 feet wider wiih a workshop on the ground level and attic space sufficient to meet the necessary storage requirements of the property. Storage space in the main 4-plex structure itself is very limited. The location of the proposed garage simply expands the footprint of the existing garage 6 fleet to the west and 6 feet to the south. I believe this is the best and most logical location on the property for the new garage and would improve the aesthetic impact to the surrounding neighborhood. The existing garage has been in the some location since at least the early 1970's. 2. Attached are pictures of the subject yard marked up to highlight the proposed locations of the comers of the new garage. The blue reflector marker is the approximate location of the southwest vomer of the new garage. The other comers are marked with an Y. 3. Attached is a diagram showing the eight (8) parOdng spaces on the property, not including spaces inside the proposed garage. ISSUES ANALYSIS Comprehensive Plan The property is designated as low density residential in the Comprehensive Plan Proposed Land Use Map. The request for the garage is consistent with the Comprehensive policies related to low density land use. Zoning The property is zoned R-2 Low and Medium Density Residential District. Multiple family dwellings of four units or less and their accessory structures are an allowed conditional use in that District. The accessory building requirements in Section 401.15.13 of the Zoning Ordinance require that the structures be no more than 20 feet in height or exceed the height of the principal structure, be in a rear yard. ba five or more feet from 2 Page 87 of 122 side lot lines, eight feet from the rear lot line and six feet from any other structure on the same lot, unless requirements of the Building Code are addressed. Additionally, the limit for attached and detached accessory building size on a lot is 1,200 square feet and the accessory buildings cannot exceed 25 percent of the total area of the rear yard. Exceptions to these provisions can be made by CUP. The proposed building will be constructed at the same height as the principal structure. The rear lot line is the north line in that by Ordinance, the front yard is on Upper 61 sr Street North. The proposed garage will not be totally within the rear yard in that it will extend in front of the rear of the principal structure. The proposed structure will comply with side lot lines but will be placed at 2.4 feet from the rear lot line. An elght foot setback is required for the rear setback, although the new garage will not be any closer than the existing structure. The new garage will be placed five feet from the principal structure but will need to comply with Building Code requirements for construction. The new garage will occupy 22.9 percent of the rear yard. The CUP's are required to allow a replacement accessory structure for a multiple family dwelling unit, for the rear yard setback, and for placement of the structure not totally within the rear yard. The criteria fnr reviewing the CUP request is reviewed later in this report. Setbacks Due to the odd shape of the lot, the front yard abuts Upper 616t Street North and the rear is the north property line, there is justification for the rear yard setback CUP. Placement of the garage in any other location on the property would also require a CUP in that the rear yawl space is limited. The garage will be placed 23.5 feet from Beach Road North which Is slightly forward of the 3046ot setback for the principal structure. This is allowable in that the side yard setback for an accessory structure is five feet. Drainage►Utilltles The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. Accessory Building Requirements Section 401.15.13 provides a list of requirements for construction of an accessory building on a property. Please find a review of those criteria: 1. Connection with Principal Building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. Comment: The house and garage will not be attached. 3 Page 88 of 122 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: A Conditional Use Permit has been requested to allow the garage structure partially in the side yard. The placement of the principal structure on this lot provides a narrow rear yard that does not allow for a standard two stall garage to be constructed. 3. Height/Setbacks. Accessory buildings shall not exceed twenty (20) feet in height or exceed the height of the principal structure on the lot Accessory buildings shall be fire (5) feet or more from side lot lines, eight(8) fleet from the rear lot line and shall be six(6) feet or more from any other building or structures providing the requirements of the Building Code are met. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15 D.13 of this Ordinance, Comment: A Conditional Use Permit has been requested for the rear yard setback. All other setback and height requirements will be met. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the near yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: The garage will comply with this provision with a coverage of 22.9 percent. 5 Number of,Structures. No building permit shall be issued for the construction of more than one (1)private garage or storage structure for each detached single family dwelling, commercial, Industrial, public or Institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15D.13 of this Ordinance. Every detached single-family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot Comment: Only one detached structure is proposed for this lot. 4 Page 89 of 122 6 Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred (1,200) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Secilon 401.15.D.13 of this Ordinance. Comment: The proposed structure is 768 square feet. 7. Administrative Approvals Storage buildings one hundred twenty(120)square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Oflrcial without a building permit and may be in excess of the number of structures allowable in Section 401.15.D.5. above. Comment: Not applicable. 8. Building Permit No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the some lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: Only one detached structure is proposed. 9. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. Comment: Any exterior mechanical equipment associated with the garage will need to be screened. 10.Compadbil/ty. The same or similar quality exterior material shall be used in the accessory building and in the prindpal building. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible means that the exterior appearance of the accessory building including roof pitch and style is not at vardance with the principal building from an aesthetic and architectural standpoint Comment: The exterior of the garage will need to be finished with siding and colors to match the current principal building exterior. Conditional Use Permits Application for a Conditional Use Permit shall be regulated by Section 401.03 of this Ordinance. Such a Conditional Use Permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. 5 Page 90 of 122 Comment: The detached accessory building shall be used for storage to eliminate the need for exterior storage of vehicles and equipment. b. In the case of residential uses, no commercial or home occupation activltles are conducted on the property. Comment: No home occupations are proposed for the property. C. The building has an evident reuse or function related to the principal use. Comment: The use will be related to the principal use. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. Comment: There should be no hazard to public health, safety and welfare. 21 e. The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. Comment: The shape of the lot and the placement of the principal structure creates a narrow rear yard, not large enough for a two-stall garage as proposed. 21 f. Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. Comment: There is no encroachment of existing easements. 21 g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: Two trees will be removed. The City Arborist shall review the tree removal. 21 h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots Comment: The building will not restrict sun access to an adjacent structure's driveway. 6 Page 91 of 122 21 i. The building height of an accessory building shall not exceed twenty (20) feet. Comment: The building will be approximately 15 feet in height to the midpoint of the gable roof and will not exceed the height of the principal structure. 21j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than twenty-five (25) percent of the rear yard Comment: The building will comply. k. The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a detennination made that the proposed activity is in compliance with such criteria. Comment: The criteria are reviewed below. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: t. Relationship to the speaft policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area invohred. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5 The impact on character of the surrounding area. 6 The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. a The impat upon existing public services and facilities including parkt schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking,loading, noise, etc.). Comment: The Planning Commission should comment if any of these criteria will be at odds with the Conditional Use Permits proposed for the site. The unique shape of the lot and placement of the principal structure are factors that must be considered when considering the application. City Staff does not see any issues with the request. CONCLUSION/RECOMMENDATION Upon review of the request for the Conditional Use Permits, City staff would recommend the application for Conditional Use Permits (CUP) to allow for replacement of a garage at 6165 Beach Road North with the following conditions: 7 Page 92 of 122 1. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 2. Any exterior mechanical equipment associated with the garage shall be screened. 3. The exterior of the proposed garage shall be finished with siding and in a color to match the current principal building exterior. 4. The upper level of the proposed garage shall be used for storage and not for habitable space. 5. The height of the garage shall not exceed the height of the principal structure. 6. The City Arborist shall review the proposed removal of the two tares and add any applicable conditions. 7. The applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. PC: Julie Hultman 8 Page 93 of 122 e,(. .i CAROL D. JOHNSON P.O.13OX 551 Stillwater,MN 55082 Phone:(651)439-9261) e-mail: carold55082( AOL.corr June 219 2019 TPC Attn:Mr.Scott D.Richards 3601 Thurston Avenue North,Suite 100 Anoka,MN 55303 Re: TPC File No.236.02-19.07 6165 Beach Road North,Oak Park Heights,MN 55082 Letter to Carol Johnson dated June 19,2019 Dear Mr.Richards: This letter is in response to your letter to me dated June 19,2019,regarding my application for construction of a new garage at the above referenced 4-plex address in Oak Park Heights,Washington County,Minnesota. 1.A new garage is needed at my residential 4-plex because the existing garage is approximately 50 years old and in very poor condition and too small. The roof is sagging and the concrete floors are cracked,uneven and some loose chunks are coming up.In addition,the existing garage does not have space available to meet the general storage requirements for a 4-plex of this type and size,especially since it will also be my own primary residence beginning in July.In order to resolve these issues,the proposed new garage will be 6'longer,6'wider with a workshop on the ground level and add attic space sufficient to meet the necessary storage requirements of the properly.Storage space in the main 4-plex structure itself is very limited. The location of the proposed new garage simply expands the footprint of the existing garage 6'to the west and 6'to the south.I believe this is the best and most logical location on the property for the new garage and would improve aesthetic impact to the surrounding neighborhood. The existing garage has been in this same location since at least the early 1970s. 2.Attached are pictures of the subject yard marked up to highlight the proposed locations of the corners of the new garage.The blue reflector marker is the approximate location of the southwest corner of the new garage. The other corners ore marked with an"X". Page 94 of 122 3.Attached is a diagram showing the eight(S)parking spaces on the property,not including spaces inside the proposed garage. 4.Enclosed are checks for the$400 base fee and$1000 escrow account requested for this application. 5.Y will initial the first page of the original application submitted to City Hall as soon as possible. If any additional information is needed to complete my application,please advise. Thank you for your consideration of my application. Sincerely, 61��\- , �� l(, Carol D.Johnson Enclosures(3) Page 95 of 122 �2 Notes: CERTIFICATE OF S'I VEY Searing stem is an a Indicates mozm neat aesuned 9s#ma: UETKIA Pound inplpda as .4*ted. "P!.• Indicates measured value. 81m"ATifA,m". ism o Indicates #13X74 monL*Wnt set. 0nderground or overhead, public or MMM06TOAMMO Offsets shown to-existing etractiXas private utilities, on or adjacent the Lmwivws40! are meadurad to the outside bldg;, well parcel, were not located-in conjunction I&MA"M lines, uhleae noted otherwUm. 41-th this saxleey, unless.shorn otherwise. Ths esf sting-garage and abed, ma ahown, 411.0 Indicatee recorded value, are proposed to be replaced. 9MVIV•11WWi7EC1.Up'VJtltym Cacoi Johnson, 6165 Beach Road, Oak Park Heights, 1m 55043 TWI An 11g2Qiddr. (Ver Doc. No. 583589, Yash. Co. nwordsl Loth.Blgven (11), Trsfve (12) and Thirteen (131) .QxVQPt the Northerly Bdyentegn and i.r. seventy-PivW h0nefrOdthe (:17.75) feet of said Lot Thirteen (13), all .in Block Ni"jeen (113).► Sl€elt►e.Addition to oak park, according ko the plat ;whereof on file ata--of rioota is the office of the Register of news i9 end fon, iald county and state, Ra rLpt3 o rs Pesti includes the Westerly 1/2 of the vacated.Alley,- as ;noted. Vasael dose not include ParOel 6 of Wiulh. Cb. mW.4 A/w Plat-lfo. 177, secordbd as Doe. No. 405439r,, Wash. Co. redoirda; AV s : m leayr liar. . l . IR .1 . "aa r - ' rA ... c• �, 1�� INN, e ' +v' � „ Z. MF _ 47tt ' ,fir. e9rIVA warwe si. : . Amt Ave . I bmw syy i dssiedwr Am�f�rirs.e w i.Y.. aR �ya�, Dasw lfa�2►��0•)9 � i3T74.. ...:,,•. Page 96 of 122 N I iti i Sol Wv - ---- d ti i Z11 1 I I � � • ID i �1aw i :•r.: Ile C �„ iJy i .} ♦ 4 nrar..o.r Page 97 of 122 fit; Page 98 of 122 , s, r �wr �,. er Y ice• 7 r, QM STREET VIEW 6165 BEACH ROAD NORTH Page 99 of 122 P i 7' VIEW SOUTH ALONG BEACH ROAD 4 .. STREET VIEW FROM UPPER 61 ST STREET NORTH Page 100 of 122 Kee k p _ Ivo I M a. 6 PI Pill �.'1;l, m , I 1 S i � u i I 0 7r .w } ON-SITE PARKING 2 SPACES IN NEW GARAGE 3 XSPACEJON NORTH DRIVEWAY )$PACES ON SOUTH DRIVEWAY 1 ADDITIONAL POSSIBLE EAST OF 4 ON SOUTH N89044S E N89044' 140.00 10.0 I s• � � •'► � I w.micaF�ru {�•�.i :�. 3.3.1 uirt d Im .i1, eE •.u. .:: h4 C6 3.6 •••� :• •e!: EXMTM mm7mway 3.( ri q�IIRpfxe�X• ~•y Q+ •'•"V \ r...firs w �'•� 4p35.94.1 9INICNlA91UMK� ''�•• r. 4 sPA ssl� ra STOM►.t RM X S8 045'1 Buoy" S89045'1 SCALE IN FEET umm an nRlzrN=M b 1.0 11RwwMGB{N0MWD5=i BMOIlsr t> etr �[3N, '.. Tirtwtltt�r . or�eloluuxtoSURVE n MD ow VARIANCE REQUEST A eolt�wiecrno sa,a++ +vr+>vx�+�E1WEWaim ON-SITE PARKING �tldrttMmto • t �*� anuve►t�.�+.�oxi-t Page 102 of 122 r;Fu 9 71 STREET VERT 6165 BEACH ROAD NORTH NVV SW S GoY'v1@Y [OCOQ� Ohs (Vle"'). Page 103 of 122 a _ m .� w - � <_ � _ �� �. a~ i���u� ,< � �, N�i-i', .,r ti ' � .. � ��. � � , � ,� .ti ��.. �'� " � �,, �.�- r A +�..M �'^ �� �&` ��' n. � �,�;� � �. �. P � �. .. 's,. W ��",a � t a, � � rte' 1 i j H f i i 4 V '� ,fiw: r r",` '�� j �I �y „�,, � � _ nu i �.� � `'� �, mss ��� "; .� ,r. �� ��� ����"-��w s�"� ..,� x #� �3 i w�^ . i � �; ''�« � `' _ •rr � � „ � � m �°�'"` i W 'w .. y��. � "'�t I� � _br' .. ��* � ��� r I+ � d [j��� �,. S! i �`�' �., i i �, y �e .,.a x :'t�.,. -:r � .. '��aa ��' ifi l r^�'� 8i f) �� � a � �, .,. k ' w - C i F III _ 'r 3 w d a 4�►.� �+.. ..� ... �� � �N fir.,. � e � - s Al t - It . w B ' I f I 3 n . a M " a x a x + Ilk z +5! ••a^ , rl It, 171, ,- r {pl a r � , yA, r M, 1 " ds - _ i AL Ao 10 m " rw s y. w • t " i n :f t _515 r A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY CAROL JOHNSON FOR CONDITIONAL USE PERMITS TO ALLOW A REPLACEMENT ACCESSORY STRUCTURE FOR A MULTIPLE FAMILY DWELLING UNIT AT 6165 BEACH ROAD NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Carol Johnson for three Conditional Use Permits to allow a replacement accessory structure for a multiple family dwelling unit at 6165 Beach Road North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-2 Low and Medium Density Residential District in which multiple family dwellings of four units and less and accessory detached structures are an allowed conditional use; and 4. The Applicant is requesting a Conditional Use Permit to allow a replacement accessory structure for a multiple family dwelling unit in the R-2 Low and Medium Density Residential District, a Conditional Use permit for the rear yard setback and a Conditional Use Permit for placement of the accessory structure not totally within the rear yard; and Page 109 of 122 5. Section 401.26.E.3 of the Zoning Ordinance requires a Conditional Use Permit for multiple family structures of not more than four units. There is a four-unit multiple family structure on the subject site and well as an existing accessory structure. The Conditional Use Permit will allow replacement of the accessory structure; and 6. Section 401.15.D.3 of the Zoning Ordinance requires an eight-foot setback to the rear property line. The proposed accessory structure is proposed to be setback 2.4 from the rear property line, consistent with the setback of the existing accessory structure; and 7. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the accessory structure in any yard other than the rear yard. The proposed accessory structure will be partially placed in the side yard; and S. City staff prepared a planning report dated July 2, 2019 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permits in that they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.D.13, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their July 11, 2019 meeting,took comments from the applicants and public, closed the public hearing, and made the following recommendation based upon the odd shape of the lot, that the front yard abuts Upper 61' Street North resulting in the rear lot line to the north, and the location of the principal structure on the lot: NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Carol Johnson for three Conditional Use Permits to allow a replacement accessory structure for a multiple family dwelling unit at 6165 Beach Road North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 2 Page 110 of 122 2. Any exterior mechanical equipment associated with the garage shall be screened. 3. The exterior of the proposed garage shall be finished with siding and in a color to match the current principal building exterior. 4. The upper level of the proposed garage shall be used for storage and not for habitable space. 5. The height of the garage shall not exceed the height of the principal structure. 6. The Applicant will work with the City Arborist to preserve the ash and maple trees shown to be removed on the site plan as well at the cedar tree on the north property line. 7. An enclosure shall be constructed on the east side of the new accessory structure to enclose all trash and recycling containers. 8. The applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. Recommended by the Planning Commission of the City of Oak Park Heights this 11th day of July 2019. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 111 of 122 ATTACHMENT A 3 r Conditional Use Permits Accessory Structure for Multi-Family Dwelling Replacement And Rear Yard Setback Carol Johnson 6165 Beach Road N. Washington County Parcel Number:34.030.20.33.0143 Legal Description: Lots Eleven (11),Twelve (12) and Thirteen (13), except the Northerly Seventeen and seventy- five hundredths (17.75) feet of said Lot Thirteen (13), all in Block Nineteen (19), Elfelt's Addition to Oak Park, according to the Plat thereof and on file and of record in the office of the Register of Deeds in and for said County and State. Page 112 of 122 ATTACHMENT B 4 Vim.; Conditional Use Permits Accessory Structure for Multi-Family Dwelling Replacement And Rear Yard Setback Carol Johnson 6165 Beach Road N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(350'/150'from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements)/Legal Description(s) Planning Commission Public Hearing& Recommendation:July 11, 2019 Required Approvals: CUP City Council 4/5 Conditional Use Permit- Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 113 of 122 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY CAROL JOHNSON FOR CONDITIONAL USE PERMITS TO ALLOW A REPLACEMENT ACCESSORY STRUCTURE FOR A MULTIPLE FAMILY DWELLING UNIT AT 6165 BEACH ROAD NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Carol Johnson for three Conditional Use Permits to allow a replacement accessory structure for a multiple family dwelling unit at 6165 Beach Road North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-2 Low and Medium Density Residential District in which multiple family dwellings of four units and less and accessory detached structures are an allowed conditional use; and 4. The Applicant is requesting a Conditional Use Permit to allow a replacement accessory structure for a multiple family dwelling unit in the R-2 Low and Medium Density Residential District, a Conditional Use permit for the rear yard setback and a Conditional Use Permit for placement of the accessory structure not totally within the rear yard; and Page 114 of 122 5. Section 401.26.E.3 of the Zoning Ordinance requires a Conditional Use Permit for multiple family structures of not more than four units. There is a four-unit multiple family structure on the subject site and well as an existing accessory structure. The Conditional Use Permit will allow replacement of the accessory structure; and 6. Section 401.15.13.3 of the Zoning Ordinance requires an eight-foot setback to the rear property line. The proposed accessory structure is proposed to be setback 2.4 from the rear property line, consistent with the setback of the existing accessory structure; and 7. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the accessory structure in any yard other than the rear yard. The proposed accessory structure will be partially placed in the side yard; and S. City staff prepared a planning report dated July 2, 2019 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permits in that they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.D.13, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their July 11, 2019 meeting,took comments from the applicants and public, closed the public hearing, and recommended the application based upon the odd shape of the lot,that the front yard abuts Upper 61'Street North resulting in the rear lot line to the north, and the location of the principal structure on the lot. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Carol Johnson for three Conditional Use Permits to allow a replacement accessory structure for a multiple family dwelling unit at 6165 Beach Road North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 2 Page 115 of 122 2. Any exterior mechanical equipment associated with the garage shall be screened. 3. The exterior of the proposed garage shall be finished with siding and in a color to match the current principal building exterior. 4. The upper level of the proposed garage shall be used for storage and not for habitable space. 5. The height of the garage shall not exceed the height of the principal structure. 6. The Applicant will work with the City Arborist to preserve the ash and maple trees shown to be removed on the site plan as well at the cedar tree on the north property line. 7. An enclosure shall be constructed on the east side of the new accessory structure to enclose all trash and recycling containers. 8. The applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. Approved by the City Council of the City of Oak Park Heights this 23d day of July 2019. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 116 of 122 ATTACHMENT A Conditional Use Permits Accessory Structure for Multi-Family Dwelling Replacement And Rear Yard Setback Carol Johnson 6165 Beach Road N. Washington County Parcel Number:34.030.20.33.0143 Legal Description: Lots Eleven (11), Twelve (12) and Thirteen (13), except the Northerly Seventeen and seventy- five hundredths (17.75)feet of said Lot Thirteen (13), all in Block Nineteen (19), Elfelt's Addition to Oak Park, according to the Plat thereof and on file and of record in the office of the Register of Deeds in and for said County and State. Page 117 of 122 ATTACHMENT B Conditional Use Permits Accessory Structure for Multi-Family Dwelling Replacement And Rear Yard Setback Carol Johnson 6165 Beach Road N. Application Materials Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(350'/150'from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing& Recommendation:July 11, 2019 Required Approvals: CUP City Council 4/5 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) Page 118 of 122 Oak Park Heights Request for Council Action Meeting Date July 23rd,2019 Time Required: 5 Minutes Agenda Item Title: SWING SET INSTALLATION–COVER PARK Agenda Placement New Business Originating Department/Requestor: Eric Johnson,City Administrator Requester's Signature: f 1— Action Requested G"� Discussion,Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): I have received an inquiry from a resident who lives near Cover Park to see if the City could install a swing-set at that Park. Cover Park does have limited space however Staff could find a spot for a 2-place swing set and would be in the same color scheme as the current playground.The purchase price would be$1,800+/-but City Staff would perform the installation. The Park Commission does support such installation and could be funded by Park Dedication or Xcel Funds.The Xcel Fund balance is+/-$85,000 with the water fountain costs taken into account,with Park Dedication funds exceeding$500,000. Please see the attached images and quote from MN WI Playground. Staff will be seeking a second quote as well;however,we expect these to be similar. By this action in July,it is possible it could be ordered,delivered and installed this year. Page 119 of 122 Eric Johnson From: Briana <bnanaC@mnwiplay.com> Sent: Tuesday,July 2, 2019 3:22 PM To: Eric Johnson Cc: Harlan Lehman Subject: RE:Swings Attachments: Swings2 7.2.19.pdf Please see attached photo below and note this isn't exact, but close.Also,the proposed options are both galvanized steel-not painted as below. We have also attached the second option to this email. From: Eric Johnson<eajohnson@cityofoakparkheights.com> Sent:Tuesday,July 2,2019 2:28 PM To: Briana <briana@mnwiplay.com> Cc:Harlan Lehman <harian@mnwiplay.com> Subject: RE:Swings Could you send pictures of this From: Briana<briana@mnwiplay.com> Sent:Tuesday,July 2,2019 2:27 PM To:Eric Johnson<eaiohnson@citvofoakparkheights.com> 1 Page 120 of 122 Minnesota/Wisconsin Playground 5101 n Valley,M Suite to 55 QUOTE Golden Valle Minnesota 55422 #25369 Ph.800-622-5425 1763-546-7787 .PLA)100f c.,r.., Fax 763-546-50501 info@mnwiplay.com 07/02/2019 Swings City of Oak Park Heights Ship To Zip:55082 Attn:Eric A Johnson 14168 Oak park Blvd North Oak Park Heights,MN 55082 Phone:651-439-4439 eajohnson@cityofoakparkheights.com MIWKR a 1 8542 GameTime-Ada 8'Ht Swing Frame,2 3/8" $852.00 $852.00 Toprail- 2 8908 GameTime-Belt Seat 2 3/8"Od(8908) $241.00 $482.00 SubTotal: $1,334.00 Freight: $535.33 Total Amount: $1,869.33 This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment.Purchases in excess of$1,000.00 to be supported by your written purchase order made out to Gametime,c/o Minnesota/Wisconsin Playground. Pricing:fo.b.factory,firm for 30 days from date of quotation.A tax-exempt certificate is needed at time of order entry for all orders whether from tax-supported goverment agencies or not. Sales tax,if applicable,will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms:net 30 days for tax supported governmental agencies.Should this quotation be forwarded to an agency not listed on this quote, credit terms,as well as other terns and conditions herein,may be need to be altered. For instance,non-tax supported organization purchasing any or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax supported agency,if any,shall still be net 30 days. A 1.5%per month finance charge will be imposed on all past due accounts.Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion.Retainage not accepted. Exclusions:unless specifically included,this quotation excludes all site work and landscaping;removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;equipment assembly and installation;safety surfacing;borders and drainage provisions. Order Information: Bill To: Ship To: Company: Project Name: Attn: Attn: Address: Address: City,State,Zip: City,State,Zip: Contact: Contact: Tel: Tel: Fax: Fax: Page 1 of 2 Page 121 of 122 Minnesota/Wisconsin Playground 5101 Highway 55,Suite 6000 9QUTE C0-Ineorim�� Golden Valley,Minnesota 55422 #25370 Ph.800-622-5425 763-546-7787 Fax 763-546-5050 info@mnwiplay.com 07/02/2019 Swings 2 City of Oak Park Heights Ship To Zip:55082 Attn:Eric A Johnson 14168 Oak park Blvd North Oak Park Heights,MN 55082 Phone: 651-439-4439 eajohnson@cityofoakparkheights.com 1 12583 GameTime-Ada Primetime Swing Frame,3 $1,215.00 $1,215.00 1/2"Od- Color 1 5151 GameTime-Pt Solo Swing Frame 3 1/2"X 8' $1,172.00 $1,172.00 Color 2 8910 GameTime-Belt Seat 3 1/2"Od(8910) $246.00 $492.00 1 8696 GameTime-Encl Seat 3 1/2"(8696) $307.00 $307.00 SubTotal: $3,186.00 Freight: $1,125.10 Total Amount: $4,311.10 This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment.Purchases in excess of$1,000.00 to be supported by your written purchase order made out to Gametime,c/o Minnesota/Wisconsin Playground. Pricing:fo.b.factory,firm for 30 days from date of quotation.A tax-exempt certificate is needed at time of order entry for all orders whether from tax-supported goverment agencies or not. Sales tax,if applicable,will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms:net 30 days for tax supported governmental agencies.Should this quotation be forwarded to an agency not listed on this quote, credit berms,as well as other terms and conditions herein,may be need to be altered. For instance,non-tax supported organization purchasing any or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax supported agency,if any,shall still be net 30 days. A 1.5%per month finance charge will be imposed on all past due accounts.Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion.Retainage not accepted. Shipment:order shall ship within 45-60 days after GameTime's receipt and acceptance of your purchase order,color selections,approved submittals,and receipt of deposit,if required. Submittals:our design proposal reflects the spirit and intent of the project plans and specifications.While some variations may exist between our quotation and the project design,the differences do not materially affect the intended use.GameTime designs and specifications are unique and not intended to be identical in all respects to other manufacturers.We shall submit for review and approval by the owner's representative detailed drawings depicting the equipment to be famished accompanied by specifications describing materials.Once approved,these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements. Exclusions:unless specifically included,this quotation excludes all site work and landscaping;removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;equipment assembly and installation;safety surfacincr bnrders and drainage provisions. 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