HomeMy WebLinkAbout2020-07-28 CC Packet Enclosure - Vacation of Public Utility & Roadway Easement Oak Park Heights
Request for Council Action
Meeting Date July 28`h. 2020
Time Required: 5 Minutes
Agenda Item Title: Public Hearing—Vacation of Public Utility and Roadway Easement.
Agenda Placement New 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):
Central Automotive is seeking that the City facilitate the reduction of the Public Utility and
Roadway Easement located to south of their planned building. The attached map shows the
proposed 10' reduction from the 30' easement. leaving 20'. The applicant seeks this reduction so
as to increase the north side setback which will better facilitate parking and drive aisles.
The history of this easement (539834) is a bit vague; as best staff can determine stemmed from
perhaps past desire to install a roadway that would serve the formerly named Greenbriar
Apartments and or East Oaks. Beyond, this; the City has no utilities that run east-west in the area.
The City Council did consider this briefly in its initial review of the Central Automotive
submission from 2019, but required that they complete the platting and vacation process
separately. See Enclosed Resolution 19-05-25.
Recommendation: Based on the 2019 review, the City Council did find in favor of the
reduction and the subsequent site plan and this action follows that; unless a significant issue
is discovered at the public hearing that relates to the easement itself, the City Staff does
offer that the reduction be granted.
Enclosures:
• Proposed Plat showing easements and area.
• Public Hearing Notice and Affidavit
• City Utility Mapping.
• Easement 539834
• City Resolution 19-05-25
Page 23 of 114
" OAK PARK HEIGHTS AUTO PLAZA 2ND ADDITION EXHIBIT
w -W E ( •ORTiiEA_T C AR ER
S I N89'59'13"E ru
0 54.x7 • PROPOSED EASEMENT VACATION
17m _r
NORTHEAST CORNER OF LOT 1,BLOCK 1,--, N89'00'41•E 9.65- r� N
OAK PARK HEIGHTS AUTO PLAZA. z',;, r OF THE NORTHEASTQUARTERe. PROPOSED VACATION DESCRIPTION
I'. $890.
'00'41"W 209.05 1; $89.00'41"W 110.95 2,F, r The north 10 feet of the south 30 feet of Lot 1, Block 1, OAK PARK HEIGHTS
i•t ro p AUTO PLAZA 2ND ADDITION. according to the recorded plot thereof, Washington
P County. Minnesota.
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U• SEC T/'ON 4 ,OW:SHIP 29 NORTH
'o ..EXCEPt10N NOTE
OAK ' This description will become valid upon the recording of said OAK PARK
•8 , HEIGHTS AUTO PLAZA 2ND ADDITION.
-'WE5T LINE OF THE NORTHEAST QUARTER -8 N PARK/ p $89'30'07 E RANGE "; WEST
OF THE NORTHEAST QUN h•u)ARTER SECTION 4 N i 51.34
/r TOWNSHP 29 NORTH RANGE 20 WEST A'h
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UTILITY AND ROADWAY EASEMENT
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i �� UTILITY AND ROADWAY EASEMENT--- � �—
,I 51.52 DESCRIBED IN DOCUMENT NUMBER 539834
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Plymouth.MN 55441
ENGINEERING • ARCHITECTURE • LAND SURVEYING 763-412-4000(o)763-412-4090(q
15265_VACATION EXHIBIT ENVIRONMENTAL SERVICES • LANDSCAPE ARCHITECTURE WA'W.ae-mn.COm
NOTICE OF PUBLIC HEARING
TO
CONSIDER VACATION OF PUBLIC UTILITY AND ROADWAY EASEMENT
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
On July 28th 2020, the City Council will hold public hearing pursuant to Minn. Stat. § 462.358, subd. 7
and § 412.851 regarding the vacation of a Public Utility and Roadway Easement controlled by the City of
Oak Park Heights; The City seeks to determine if the vacation of such easement is in the interest of the
public and/or if the Easement is in conflict with the approved Oak Park heights Auto Plaza 2"d Addition.
Description of Easement to Be Vacated by the City:
The northerly 10 feet of the 30 foot Utility and Roadway easements as dedicated in Document Number
539834.
For Platting Purposes (area to be vacated):
The north 10 feet of the south 30 feet of Lot 1,Block], Oak Park Heights Auto Plaza 2nd Addition,
according to the recorded plat thereof Washington County
The public hearing shall be held before the City Council on Tuesday, July 28th. 2020 at 6:00 o'clock p.m. at
the City Hall, 14168 Oak Park Blvd.N., Oak Park Heights,Minnesota 55082. All written and oral comments
will be considered.
BY ORDER OF THE CITY COUNCIL:
Eric Johnson,City Administrator
Page 25 of 114
AFFIDAVIT OF PUBLICATION CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
STATE OF MINNESOTANOTICE OF PUBLIC HEARING
COUNTY OF WASHINGTON)SS TO CONSIDER VACATION OF PUBLIC
UTILITY AND ROADWAY EASEMENT
On July 28th 2020,the City Council will hold public hearing pursuant to
Diane Erickson being duh sworn on an oath, Minn.Stat.§462.358,subd.7 and§412.851 regarding the partial vacation
states or affirms that he/she is the Publisher's of a 30-foot wide Public Utility and Roadway Easement controlled by the
Designated Agent of the newspaper(s)known of Citylanof Oak Park Heights;located along the southerly 30 feet of the parcel
d legally descr bed as follows:
as: Lot 1.Blockl,Oak Park Heights Auto Placa 2nd Addition,according to
the recorded plat thereof,Washington County.
Stillwater Gazette The City seeks to determine if the partial vacation of 10 feet of its 30-
foot wide easement is in the interest of the public and/or if the Easement
is in conflict with the approved Oak Park heights Auto Plaza 2nd Addition.
with the known office of issue being located Description of Easement to Be Vacated by the City:
in the county of: The northerly 10 feet of the 30 foot Utility and Roadway easements as
WASHINGTON dedicated in Document Number 539834.
with additional circulation in the counties ofFor Platting Purposes(area to be vacated):
WASHINGTON The north 10 feet of the south 30 feet of Lot 1,Block1,Oak Park Heights
Auto Plaza 2nd Addition,according to the recorded plat thereof,Washing-
and has full knowledge of the facts stated ton county
below: The public hearing shall be held before the City Council on Tuesday,
(A)The newspaper has complied with all of July 28th, 2020 at 6:00 p.m.at the City Hall, 14168 Oak Park Blvd. N.,
Oak Park Heigh ts, Minnesota 55082.All written and oral comments will
the requirements constituting qualifica- be considered.
tion as a qualified newspaper as provided BY ORDER OF THE CITY COUNCIL:
by Minn.Stat.§331A.02. Fric Johnson,City Administrator
(13)This Public Notice was printed and pub- Published in the
Stillwater Gazette
lished in said newspaper(s) once each July 3,2020
week, for 1 successive week(s); the first 1057464
insertion being on 07/03/2020 and the last
insertion being on 07/03/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or(2). if the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
) ,,_.,
B
y:
Designated Agent
Subscribed and sworn to or affirmed before
me on 07/03/2020 by Diane Erickson.
Notary Public
., F , DARLENE MARIE MACP'rIERSON
Notary Public
:- a. Minnesota
My Commission Expires January 31,2024 •
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$40.00 per column inch
Ad ID 1057464
Page 26 of 114
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_ Form Ne.28 M-QUIT CLAIM DEED _ Minnesota Uniform Coneyanrl s PJanks(r97Vi,,Ci;of riT ` A f,O. Co u,.s;as
Individual(s)to Corporation COUNTY f t� _) s 1
0(Parinersa;p R,tSri NCrON CC•Wj Y.HN!
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►4P:+'•:St:>>ED ON
No delinquent taxes and transfer entered;Certificate
of Real Estate Value ( ✓)filed ( )not required HAY 21 I 30 PH '87
Certificate of Rj l Estate Va u No._,.....„___________ r-, np,
//4-G4 Y ,191.1.7-- DOC al834
UPOI;
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WI/J:7__V-te, BY 1 e_c =OEPUTYCounty Auditor
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4c-.2.612/'" 4/G%� /8lr,-1-
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STATE DEED TAX DUE HEREON: $ 3g. :CO
Date: k , 1 --_ . 19 86 /,) - reser e - --di
(U
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Phyllis K. Wi11iams,. a single person,
-- — — --- - `_ ---- ,Grantor(s),
fms,iiii status
hereby convey(s)and quitclaim(s) to _ Osgood Partners,-Inc.
-- - -- - --- -'Grantee,
a — corporation under the laws of _- Minnesota ,
real property in Washington County,Minnesota,described as follows:
Sec reverse side for legal description.
int .,.
14 iso
, (�
I f mora pace is needed,continua on back) •
together with all hereditaments and appurtenances belonging theto.
Phylj'is K. Williams
1 :1fil'. Didfix Shun',ILr.'
STATE OF MINNESOTA
} ss.
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this_ /7 day of OCT , lk.86-,
by__Yhyll.i,s-K._Wil.1iams, a single person,
AK ,Grantor(a).
NOTARIAL STAMPOR SEAL(OR OTHER TITLE OR RANK) 1
mmyslAWAWAWAWAS.s.A.s.WM,Aµ0 11 j$ JIM A I.Ef, �(ttl:e,---s--
I NAT R O P RSON TAKING ACKNOWLEDGMENT
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0-;:4-2111: t)TiViY Tv •v.:o,i som Tar S, temente for the teal Droperb eeterits: to ate Instrument should
`ti-)) lfi}�'PiN MiNlY by ash o(tom"name and a aqs.of os antes):
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Itywo. .mmAs y.v.ww.e...v.WVhrvx - ffy •,/)7N 5Sepv
. # APPROVED FOR TRANSFER BY THE CITY OP OAF.
)THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS) PARK HEIGHTS,
Lyle J. Eckberg . • „: i('
. I ECKBERG, LAMMERS, BRIGGS, — - +�: $�=
WOLFF &. VIERLING LaVonne Wilson •..; f;.
Attorneys at Law. Administrator/Tteasifrer -:-,
1835 Northwestern Avenue I •' �'
P. 0e Box C , ;,. •. •>.,•,'0;
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• Stillwater,• MN 55082 , , r �•
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10 $y 51,17
Legal description: 539831
All that part of the North 40 rods of the Northeast Quarter of the
Northeast Quarter of Section 4, Township 29 North, Range 20 West,
Washington County, Minnesota, described as follows:
Commencing at the northwest corner of said Northeast Quarter of the
Northeast Quarter, thence North 89 degrees 13 minutes 19 seconds
East, assumed bearing, along the northerly line thereof, 822.43
feet; thence South 02 degrees 12 minutes 15 seconds East 384.90 feet;
thence South 89 degrees 13 minutes 19 seconds West 337.95 feet to a
point hereinafter referred to as "Point A"; thence South 38 degrees
31 minutes 41 seconds East 63.69 feet to a point hereinafter referred
to as "Point B"; thence South 02 degrees 25 minutes 41 seconds East
along a line hereinafter referred to as "Line A", 224.95 feet, more
or less, to the southerly line of said North 40 rods and the point of
beginning of the parcel being described; thence North 02 degrees 25
minutes 41 seconds West along said "Line A", 224.95 feet, more or
less, to the before described "Point 13"; thence North 38 degrees 31
minutes 41 seconds West 63.69 feet to the before described "Point A";
thence South 89 degrees 40 minutes 50 seconds West 51. 34 feet; thence
North 23 degrees 18 minutes 08 seconds West 133.92 feet; thence North
02 degrees 13 minutes 41 seconds West 9.87 feet; thence South 89 degrees
10 minutes 10 seconds West 54.97 feet; thence North 01 degree 52 minutes
49 seconds West 24.95 feet, more or less, to the southeast corner of
the North 225.90 feet of the West 330.00 feet of said Northeast Quarter
of the Northeast Quarter; thence South 89 degrees 13 minutes 19 seconds
West along the southerly line of said North 225.90 feet, a distance of
125.54 feet; thence North 01 degree 48 minutes 22 seconds West 225.94
feet, more or less, to said northerly line of the Northeast Quarter of
the Northeast Quarter; thence South 89 degrees 13 minutes 19 seconds
West along said northerly line, 206. 13 feet, more or less, to the
northwest corner thereof; thence South 02 degrees 12 minutes 15 seconds
East along the westerly line of said Northeast Quarter of the Northeast
Quarter 660.20 feet, more or less, to the southwest corner of said
North 40 rods; thence North 89 degrees 13 minutes 19 seconds East along
said southerly line of the North 40 rods, 523.10 feet, more or less,
.`>:ko .thc.point Af.-beg$nr� n9 - - - - ,
'Subject to an easement for roadway and utility purposes over, under
and across the southerly 30.00 feet thereof.
Subject to the right-of-way of Osgood Avenue North and 60th Street North.
Subject to and together with any other valid easements, reservations
or restrictions.
A * * * *
•
•
UOSUM.1011 4111 of uan;0J Page 29 of 114
RESOLUTION NO. 19-05-25
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 DAVE TRIEMERT OF CENTRAL AUTOMOTIVE
FOR CONDITIONAL USE PERMITS, FINAL PLAT, AND SITE
PLAN/DESIGN GUIDELINES REVIEW FOR AN AUTO REPAIR
FACILITY AT OSGOOD AVENUE AND 59TH STREET NORTH BE
APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Dave Triemert of
Central Automotive for Conditional Use Permits, Final Plat, and Site Plan/Design
Guidelines Review for an Automotive Repair Facility at Osgood Avenue and 59th Street
North; and after having conducted a public hearing relative thereto, the Planning
Commission of Oak Park Heights recommended that the request 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 B-2, General Business District. The subject
property requires a Conditional Use Permit to allow motor fuel stations, auto repair and
battery stores and service in the B-2 General Business District; and
4. The property has been platted as Outlot A of Oak Park Heights Auto
Plaza. The property is proposed to be re-platted as Lot 1, Block 1 of Oak Park Heights
Auto Plaza requiring the approval of a Final Plat; and
5. The Applicant is requesting two wall signs on one façade,requiring the
review of a Conditional Use Permit; and
Page 30 of 114
6. Design Guideline/Site Plan approval is required for the new building and
site improvements; and
7. City staff prepared a planning report dated May 2, 2019 reviewing the
request; and
8. Said report recommended approval of the two Conditional Use Permits,
Final Plat, Site Plan, and Design Guidelines review subject to the fulfillment of
conditions; and
9. The Planning Commission held a public hearing at their May 9, 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 APPROVES
THE FOLLOWING:
A. The application submitted by Dave Triemert of Central Automotive for
Conditional Use Permits,Final Plat, and Site Plan/Design Guidelines Review for an
Automotive Repair Facility at Osgood Avenue and 59th Street 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
the following, subject to the conditions as follows:
• Conditional Use Permit for the auto repair facility.
• Final Plat approval.
• Conditional Use Permit to allow two wall signs on one building facade.
• Design Standards/Site Plan review.
1. The Final Plat shall be subject to review and approval of the City Engineer
and City Attorney. Connection charges and park dedication shall be paid
in accordance with the provisions of the Development Agreement.
2. As part of the Final Plat approval, the 30-foot easement at the south
property line shall be reduced to 20 feet. A public hearing of the City
Council shall be conducted to consider the reduction of the easement
width.
3. The access point is subject to review and approval of Washington County.
2
Page 31 of 114
4. The grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer. The drainage plans shall be subject to the
review of the Middle St. Croix Watershed District.
5. All lighting fixtures shall be full cut off and installed in compliance with
the lighting standards of the Zoning Ordinance.
6. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting. Any security lighting on the east elevation
shall be installed as a motion sensor fixture
7. The landscape and tree removal/replacement plans are subject to review
and approval of the City Arborist.
8. All signage shall be subject to final review and approval of City Staff for
conformance with Zoning Ordinance standards.
9. All noise generated from the store shall be compliant with Section
401.15.13.11 of the Zoning Ordinance. The service doors to the building
shall be closed at all times except when vehicles are moved in and out of
the service bays.
10. Mechanical equipment that is located on the roof or visible from street
level or from neighboring properties shall be screened with materials that
blend harmoniously with the building façade materials and in accordance
with Section 401.15.E.10.e of the Zoning Ordinance.
11. The Planning Commission was favorable, and the City Council approves
the building design and finds the structure compatible with the Design
Standards.
12. The Planning Commission was favorable, and the City Council approves
the building material selection and colors.
13. There shall be no outside storage, including tires and auto parts. No
storage shall be allowed in trailers that are parked on the property.
14. The applicant shall be required to enter into a Development Agreement.
The development agreement shall be subject to the review and
approval of the City Attorney and City Council.
Approved by the City Council of the City o f•k Park Heights this 28th
day of May 2019.
M. • omber, Mayor
3
Page 32 of 114
ATTEST: /// •
Eric A. Johnso-, Ci •,' • . inistrator
Page 33 of 114
ATTACHMENT A
•'Y
e, f
Conditional Use Permits
To Allow Auto Repair in the B-2, General Business District,
Final Plat & Site Plan/Design Guideline Review
Central Automotive
Washington County Property Identification Number: 04.029.20.11.0160
Legal Description: Outlot A, Oak Park Heights Auto Plaza
Physical Address: **** 59th St. N.
Page 34 of 114
ATTACHMENT B
,, , :
,•
Conditional Use Permits
To Allow Auto Repair in the B-2, General Business District,
Final Plat& Site Plan/Design Guideline Review
Central Automotive
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: May 9, 2019
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 35 of 114
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Page 36 of 114