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03-23-2021 Council Packet
CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, MARCH 23, 2021 AT 6:OOPM This meeting will be conducted by video/telephone conference due to the ongoing COVID-19 health pandemic. The meeting will follow the provisions of Minnesota Statute § 13D.021. If practical,members of the public may be permitted to remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the City as a result of the additional connection. The open meeting can be viewed remotely online at: haps://us02web.zoom.us/j/4786278054 or by calling(312- 626-6799)and entering meeting ID 4786278054. Please contact the City at 651-439-4439 or jpinski@cityofoakparkheights.com in advance of March 23, 2021 if you have any questions about access. 6:00 p.m. L Call to Order/Approval of Agenda Estimated times 6:00 p.m. IL 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). A. Update from City Lobbying Firm Related to the King Plant 6:10 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—March 9, 2021 (pg. 5) C. Approve Changes to City Ordinance 102 —Master Fee Schedule Related to Garbage Fee Increases Approved January 26, 2021 (pg. 9) D. Approve Renewal of Consumption and Display Permit for LRS Enterprises dba Sodie's Cigar& Pipe (pg. 11) E. Approve Amendment to the Parks and Trails Commission Bylaws (pg. 13) F. Approve Proclamation for Fair Housing Month (pg. 21) 6:10 p.m. V. Public Hearings 6:10 p.m. VI. Old Business 6:10 p.m. VII. New Business A. Conditional Use Permit—6188 Beach Road—Rear Yard Setback and Accessory Structure Size (pg. 23) B. Palmer Station—PUD Amendment— 5613 Oak Cove N (pg. 43) C. Washington County Historical Society —Heritage Center Request(pg. 63) D. Approve the Listing Agreement Extension for the "Bell Property" Located at 5416 Stagecoach Trail (pg. 71) Page 1 of 90 Agenda March 23,2021 Page 2 E. Approve Letter to Metropolitan Council Seeking Accessibility Improvements to Bus Stops (pg. 81) F. Consider Resolution Outlining Further City COVID-19 Responses to Aid City Residents and Businesses— Outside Seating (pg. 85) G. June 2021 City Event— 5K and IOK Walk/Run (pg. 87) 6:50 p.m. VIII. Other Council Items or Announcements 7:00 p.m. IX. Adjournment Page 2 of 90 4�, - Oak Park Heights Request for Council Action Meeting Date March 23, 2021 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature 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 90 city of Oak Park Heights 14168 Oak Park Blvd N.Oak Park Heights,MN 55082.Phone(651)439-4439•Fax(651)43"574 March 11, 2021 Kathy and Dave Triemert 14331 57th St N Oak Park Heights, MN 55082 Dear Mr. & Mrs. Triemert: 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, March 11, 2021, 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 Pinski City Clerk TREE CITY U.S.A. Page 4 of 90 Oak Park Heights Request for Council Action Meeting Date March 23, 2021 Agenda Item Approve City Council Minutes—March 9, 2021 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature L.-- Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 5 of 90 CITY OF OAK PARK HEIGHTS TUESDAY, MARCH 9, 2021 CITY COUNCIL MEETING MINUTES HELD VIA VIDEO CONFERENCE PER MN STAT. 13D.021 L _Call to Order/Approval of Agenda: Mayor McComber called the meeting to order at 6:02 p.m. Present: Councihraembers Dougherty, Johnson, Liljegren, and Runk. Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney Kevin Sandstrom, and Police Chief Hansen. Absent: City Planner Richards and City Engineer Mann. Councilmember Dougherty, seconded by Councilmember Runk, moved to approve the Agenda. Roll call vote taken. Carried 5-0. II. Councd/Staff Reports: A. Mayor McComber: She reported she attended the Minnesota Association of Small Cities board meeting; the Midwestern Governor's Association meeting; the NLC virtual conference; a WIMG meeting; a transportation steering committee meeting; and a general session with Vice President Harris, Secretary of Transportation Buttigieg, and Dr. Fauci. She said the City should keep an eye on HF2 out of Washington as there were going to be block grants available out of that and they would be bringing back earmarks which would be direct funding to the City. She reported she testified before the Senate Jobs and Economic Growth Finance Policy committee; and she would be attending the NLC Day on the Hill and the interviews for a new police officer. She said she would be testifying before the House on HF1750 and testifying again before the Senate Energy Committee on SF 1556. She would be meeting with Congressman Pete Stauber; attending the Xcel Energy Economic Development webinar; and she had a meeting with the Energy and Commerce chairs. She said would be testifying at the capital investment bonding hearing on March 24. She also reported she received a letter from a Baytown resident with concerns on the housing development at the Cahanes farm and increased traffic, and she received a letter from an Oak Park Heights resident on Lookout Trail. B. Councilmember Dougherty: Nothing to report. C. Councilmember Johnson: She reported she was attending the NLC virtual conference, she attended the NLC Energy, Environment, and Natural Resources policy committee meeting, and she would be attending the NLC Day on the Hill. D. Councilmember Li�ljegren: Nothing to report. Page 6 of 90 City Council Meeting Minutes March 9, 2021 Page 2 of 3 E. Councilmember Runk: He reported he attended the Middle St. Croix Watershed Management Organization meeting and would be participating in police officer candidate interviews on March 10. F. Staff: City Administrator Johnson reported that Washington County was reviewing transit options and exploring feasibility. He said he was trying to schedule them to come to an upcoming City Council meeting to provide an update. City Clerk Pinski reported that Clayton and Dolly Parker of 14412 Upper 56'' Street Court North were chosen as the recycling award winners. 1�I. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills &Investments B. Approve City Council Worksession Notes February 9, 2021 C. Approve City Council Minutes—February 9, 2021 D. Approve License for Sale/Storage of Fireworks at Menards#3129 E. Approve Budget Adjustment for Uniform Expenditure Requested by Chief Hansen F. Approve JPA for Fuel Contract 2021 Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: None VII. New Business: A. MAC — Lake Elmo Airport— Advisory Commission: City Administrator Johnson reported that the Metropolitan Airports Commission formed a Lake Elmo Airport Advisory Commission and invited the City of Oak Park Heights to appoint a primary and alternate representative to serve on the Commission for a two-year period. He said a Resolution was drafted appointing Mayor McComber as the primary and Councilmember Liljegren as the alternate. Mayor McComber suggested adding Resident Jim Kremer as a second alternate since he was a part of the Joint Airport Zoning Board. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the Resolution adding; Jim Kremer as a second alternate. Roll call vote taken. Carried 5-0. Page 7 of 90 City Council Meeting Minutes March 9, 2021 Page 3 of 3 VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmernber DOLIII aeIIy, seconded by Councilnieniber Runk. moved to adjourn at 6:21 p.m. Roll call vote taken. Carried 5-0. Respectfully submitted, Approved as to Content and Foml. Jennifer Pinski Mary McComber City Clerk Mayor Page 8 of 90 Oak Park Heights Request for Council Action Meeting Date March 23, 2021 Agenda Item Approve Changes to City Ordinance 102 —Master Fee Schedule Related to Garbage Fee I icreases Approved January 26, 2021 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 9 of 90 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA ORDINANCE NO. 2021-102-01 AN ORDINANCE AMENDING CHAPTER 102 CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS SPECIFICALLY RELATED FEE CHANGES THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: Section 1. Amendment. That Chapter 102 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to add the following changes in fees: Schedule of Fee Amendments: Garbage Rates—Residential 95 gallon container From $2.97 to $3.62 per month Extra charges for items also covered under City contract will be billed and paid for by the resident: From $1.75 to $2.00 per each extra bag From $13.00 to $19.50 per cubic yard for construction debris Section 2. Effective Date. This Ordinance shall be in full force and effect after its passage and publication according to law. Passed and adopted by the City Council of the City of Oak Park Heights, Washington County, Minnesota, on this 23rd day of March,2021. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor Attest: Eric A. Johnson, City Administrator Page 10 of 90 Oak. Park heights Request for Council Action Meeting Date March 23, 2021 Agenda Item Approve Renewal of Consumption and Display Permit for LRS Enterprises dba Sodie's Cigar& Pipe Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature / Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Consumption and Display Permits are issued by the State of Minnesota but require local approval (MN Stat 304A.414, Subd. 5). This permit allows for a business to allow consumption but not sell alcohol. Staff has reviewed the permit and is recommending approval by the City Council. Page 11 of 90 " Minnesota Department of Public Safety a. Alcohol&Gambling Enforcement Division 445 Minnesota Street \ St Paul ,Minnesota 55101 651-201-7507 RENEWAL OF CONSUMPTION AND DISPLAY PERMIT Permit Fee$250(Renewal Date: April 1) Iden: 73498 License Code: CDPBL Business Phone: 651-342-0971 LRS Enterprises Inc IF NAMF 4.NC AI)PRFti�, S"UINN DSA: Sodie's Cigar&Pipe APF MI i MAKE ti: 4Nc�F4. 5946 Osgood Ave N Oak Park Heights, MN 55082 Worker's Comp. Ins. Name Policy No. Policy Period CitylCounty where permit approved Licensee Name Address, City,State,Zp Business Phone Email By signing this renewal application,applicant certifies that there has been no change in ownership,corporate officers, bylaws, membership, partners,home addresses,or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal,then sign below. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Applicant confirms that it has never had a liquor license rejected by any cityltownshiplcounty in the state of Minnesota. If ever rejected, please give details on the back of this renewal,then sign below. 2. Applicant confirms that for the past five years it has not had a liquor license revoked for any liquor law violation(state or local). If a revocation has occurred, please give details on the back of this renewal,then sign below. 3. Applicant confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on the back of this renewal,then sign below. 4. Applicant confirms that workers compensation insurance is in effect for the full license period. 5. Applicant confirms,no club on-sale intoxicating liquor license is held. 6. Applicant confirms business premises are separate from any other business establishment. Additional information to be provided as is necessary -Indicate(on back of page)changes of corporate officers, partners,home addresses or telephone numbers: -Report(on back of page)details of liquor law violations(civil or criminal)that have occurred within the last five years. (Dates,offenses fines or other penalties,including alcohol penalties): -Report(on back of page)any license rejections or revocations: -City/County Comments: Licensee Signature Date (Signature certifies all application information to be correct and permit has been approved by city/county.) City Clerk/County Signature Date (Signature certifies that a consumptions and display permit has been approved by the city/county as stated above.) MAKE CHECKS PAYABLE TO: DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT AND RETURN WITH APPLICATION. Amount Received Page 12 of 90 all -A Oak Park Heights Request for Council Action Meeting Date March 23, 2021 Agenda Item Approve Amendincnt to the Parks and'Trails Commission Bylaws_ _.. _. Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature l Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Following the City Council's discussion at their January 21, 2021 Goal-Setting Meeting regarding commission term limits and commission vacancies, the Parks and Trails Commission took action at their March 15, 2021 meeting to recommend a change to their Bylaws to allow a member to seek appointment for a third consecutive term if they desire to stay on the Parks and Trails Commission and no other applications were received after a vacancy was advertised and the deadline passed. They also recommended a few other minor changes to the Bylaws to reflect past practices. I recommend approval of the Amended Bylaws. Page 13 of 90 CITY OF OAK PARK HEIGHTS PARKS AND TRAILS COMMISSION BYLAWS ARTICLE 1 — ORIGIN AND POWERS A. Authorization. The City is authorized and empowered to establish a Parks and Trails Commission under the provisions of Chapter 205 of the code of ordinances for the City of Oak Parks Heights. B. Establishment. The Park Commission was created in an advisory capacity by action of the Oak Park Heights City Council pursuant to Chapter 205 of the code of ordinances of the City of Oak Park Heights and to Commission Bylaws established on June 8, 1999. ARTICLE 2 — DUTIES AND OBJECTIVES A. Advisory Capacity. The Parks and Trails Commission is designed to serve in an advisory capacity to the Oak Parks Heights City Council. B. Objectives. The objectives of the Parks and Trails Commission are to make recommendations to the City Council, which will guide the development of city Parks and related services and facilities. C. Public Hearings. The Parks 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 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 A. Voting Members. The Parks and Trails Commission shall consist of five citizen members who are eligible voters residing within the Oak Park Heights City limits and who are appointed by the City Council. 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 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 Page 14 of 90 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 Parks 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 Parks and Trails Commission; however, a member may seek an appointment for a third consecutive term if they desire to stay on the Parks and Trails Commission and no other applications were received after the vacancy was advertised and the deadline to apply has passed. 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 Parks and Trails Commission as to the continued ability for such person to remain on the Commission. Parks 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 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 a full 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 Parks and Trails Commission shall be Chairperson and Vice-Chairperson. 2 Page 15 of 90 B. Duties of the Chairperson. The Chairperson shall preside at all meetings, appoint Parks and Trails Commission members to committees, appoint 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 Parks and Trails Commissioners and carry out such other duties as are assigned by the 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 Parks 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 Parks and Trails 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 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. B. Regular Meetings. Regular meetings of the Parks 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. 3 Page 16 of 90 D. Notice of Meetings. Notice in writing of all regular and special Parks and Trails Commission meetings, setting forth the time, place and agenda of such meetings, shall be Emailed by the City staff to all Parks and Trails Commission members at least f v*—, three days in advance of each meeting. E. Site Investigation. Prior to each meeting, all Parks and Trails Commission members shall endeavor to visit any properties to be discussed at the meeting. F. Parks and Trails Commission Representative at City Council Meetings. Each Parks and Trails Commission member shall in turn represent the Parks and Trails Commission at regular City Council meetings if representation is requested. ARTICLE 6 — PRE-MEETING PROCEDURES A. Agenda. The agenda for each meeting of the Parks and Trails 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 proposal and answer questions of the Parks and Trails 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 Parks and Trails Commission shall make a recommendation to the City Council within 30 days following the close of the hearing. If a hearing is 4 Page 17 of 90 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 Parks and Trails 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 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 until the next regular meeting, unless otherwise specified. G. Reports. Any matter may be tabled for a technical report or study which the Parks 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 Parks and Trails Commission at least five-three days prior to the meeting at which said matter will be heard again. 5 Page 18 of 90 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. Parks and Trails Commission Committees. The Parks and Trails Commission may establish committees of its own membership for a specific purpose and duration. B. Ad Hoc Committees. The Parks and Trails 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 Parks and Trails 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 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 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. Amended by City Council on 10/14/2018 — Several Clarifications Amended by the City Council on 10/24/17 — Changing Start time from 6:30 PM to 6:00 PM Amended by the City Council on 07/23/19 — Amending the name to Parks and Trails Commission Amended by the City Council on 03/23/2021 — Amending language in Article 3C, 4D, 4F, and 8G. 6 Page 19 of 90 THIS PAGE INTENTIONALLY LEFT BLANK Page 20 of 90 Oak Park Heights Request for Council Action Meeting Date March 23rd, 2021 Time Required: 1 Minute Agenda Item Title: Fair Housing Month -Proclamation Agenda Placement Consent Agenda Originating Department/Requestor: Mary McComber, Mayor 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): I would like the City Council to adopt the attached Proclamation related to Fair Housing Month. Page 21 of 90 City of Oak Park Heights Fair Housing Month Proclamation WHEREAS The Fair Housing Act, enacted on April 11, 1968, enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States; and WHEREAS The Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, f amilial s tatus, na tional or igin, a nd di sability, a nd c ommits r ecipients of f ederal f unding t o affirmatively further fair housing in their communities; and WHEREAS the City of Oak Park Heights is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all; and WHEREAS Our social fabric, the economy, health, and environment are strengthened in diverse, inclusive communities; and WHEREAS More than fifty years after the passage of the Fair Housing Act, discrimination persists, and many communities remain segregated; and WHEREAS Acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness. NOW THEREFORE BE IT RESOLVED that the City of Oak Park Heights does hereby declare the month of April, 2021 as Fair Housing Month and an inclusive community committed to fair housing and to promoting appropriate activities by pr ivate and publ is entities to provide and advocate f or equal housing opportunities for all residents and prospective residents. Adopted by the Oak Park Heights City Council this 23rd day of March, 2021. Mayor Mary McComber Attest: City Administrator Page 22 of 90 Oak Park Heights Request for Council Action Meeting Date March 23rd, 2021 Time Required: 5 Minutes Agenda Item Title: Conditional Use Permit—6188 Beach Road—Rear yard Setback and Accessory Structure Size. 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): Please see the attached from Scott Richards, City Planner 1. Planning Report—Dated March 4th, 2021 2. Approved Planning Commission Resolution—Unsigned 3. Proposed City Council Resolution. Page 23 of 90 3601 Thurston Avenue N. Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPr—@PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: March 4, 2021 RE: Oak Park Heights— Conditional Use Permits for Rear Yard Setback and Size of Garage—6188 Beach Road North TPC FILE: 236.02 —21.03 BACKGROUND Roy Crist has made an application for Conditional Use Permits (CUP) to allow a garage addition at 6188 Beach Road North. The application is to allow a reduced rear yard setback and garage size for an addition to the existing house. The detached garage will be removed. The existing house was constructed approximately one foot from the rear property line. The property is zoned R-2 Low and Medium Density Residential District. Single family dwellings and their accessory structures are permitted uses in that District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative from Roy Crist Exhibit 2: Air Photo Location Map Exhibit 3: Site/Grading Plan Exhibit 4: Main Floor Plan Exhibit 5: Elevation Plans PROJECT DESCRIPTION The project description for the CUP from Roy Crist is as follows: Why 1 want to build an attached 3 car garage: 9. The existing garage is falling down. 2. My wife and 1 are getting up in age. 1 want to have the laundry room on the first floor for her, so she does not have to go to the basement to do laundry. Page 24 of 90 3. A three-car garage will add value to the property, allow my wife and 1 to park inside and for me to put my utility trailer in the garage. 1 have also designed a room for a workshop for me to use, stay active and enjoy my hobbies. 4. 1 want to also add a bathroom in the garage because we have one full bath for the house currently. This too will add value to the property and be useful to us and future owners. I understand there are two reasons that are requiring me to have a CUP: 9. Due to the lot size and layout in the old part of town, as the current code requires a 30-1oot setback from the rear lot line, and this is not possible on this lot The best that 1 could get is an eight-foot setback from the west(rear property line). 2. The total size outside dimensions is 9395 square feet. The garage is connected to the house with a new mudroom, within the confines of the new garage 1 plan to add a laundry room and a new bathroom for the house. The square footage of the new laundry room and the bathroom do reduce the total square footage of the garage and increase the square footage of the home, which will improve the value of the property. ISSUES ANALYSIS Comprehensive Plan The property is designated as low density in the Land Use Map. The request for the garage addition is consistent with the policies related to low density land use. Zoning The property is zoned R-2 Low and Medium Density Residential District. Single family dwellings and their accessory structures are permitted uses in that District. The principal building setback requirements are found below in the table. Additionally, the limit for attached and detached accessory building size on a lot is 1,200 square feet and the proposed size is 1,395 square feet. Exceptions to these provisions can be made by CUP. Zoning Requirement Proposed Addition Front Yard Setback—30 feet 30 feet Side Yard Setback— 5 feet 20 from North Property Line Rear Lot Line— 30 feet 8 feet xisting Structure 1 Foot Maximum Attached/Detached 1,395 sq ft Accessory Building — 1,200 sq ft 2 Page 25 of 90 The proposed building will comply with all of the setback requirements except for the rear property line. A concrete pad is proposed outside of the mud room door near the rear property line. That pad will be required to be five feet from the property line. The criteria for reviewing the CUP request are found as follows. Conditional Use Permits Section 401.15.C.1.e.5) provides criteria for review of a reduction in a required lot in a yard. A review of the criteria is as follows: a) The reduction of setback requirements is based upon 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 property is unique in that there is an existing single-family structure that was constructed one foot off the rear property line. Beach Road is at an angle to the property leaving the north property depth at 57 feet. There is limited area to add on to the house within the 30-foot front and 30-foot rear setback areas. The addition to the house will replace an existing nonconforming shed that is partially on neighboring properties. The garage, although it exceeds the allowable size, will not be at odds with other similar requests. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. Comment: The proposed house will not conflict with the property line drainage or easements. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: The Applicant should comment on any proposed removal of trees. d) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Comment: The proposed house will not impact sun access for the adjoining property. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.6.6 of this Ordinance. Comment: The setback of the house addition will not create safety issues. f) The conditions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria are reviewed below. 3 Page 26 of 90 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. 8. 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 facilities including parks, 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 Permit proposed for the site. As indicated, the shape of the lot and the required setbacks provides difficulties in allowing for an addition to the house. The existing house is currently set back one foot from the property line. The garage size request is reasonable based upon previous requests. City Staff does not see any issues with approving the application. CONCLUSION/RECOMMENDATION Upon review of the request for the Conditional Use Permit to allow a garage addition at 6188 Beach Road North, City staff would recommend the application with the following conditions: 1. Any exterior mechanical equipment associated with the garage addition shall be screened. 2. The exterior of the proposed garage addition shall be finished with siding to match the current house. 3. The Applicant shall apply for and receive a building permit for the structure. 4. The concrete pad proposed outside of the mud room door shall be required to be five feet from the property line. 5. The Applicant should comment on any proposed removal of trees. 6. Any other conditions of the Planning Commission, City Council and City Staff. Pc: Julie Hultman 4 Page 27 of 90 l From: Roy Crist<crist.roy65@gmail.com> Sent: Friday,January 29,20213:17 PM Why I want to build an Attached 3 car Garage: 1.The existing garage is falling down. 2. My wife and I are getting up in age, I want to me the laundry room on the first floor for her so she does not have to go to the basement to do laundry. 3.A 3 car garage will add value to the property,allow my wife and I to park inside and for me to put my utility trailer in the garage. I have also designed a room for a workshop for me to use,stay active and enjoy my hobbies. 4. 1 want to also add a bathroom in the garage because we have one full bath for the house currently.This too will add value to the property and be useful to us and future owners. I understand there are 2 reasons that are requiring me to have a CUP: 1. Due to the lot size and layout in the old part of town,as the current code requires a 30 setback from the rear lot line and this is not possible on this lot.The best I could get is an 8 feet setback from the west(rear) property line. 2.The total size Outside dimensions in square feet of 1395 sq ft,This garage is connected to the house with a new Mudroom,within the confines of the new garage I pian to add a laundry room and a new bathroom for the house.The square footage of the new laundry room and the bathroom do reduce the total square footage of the garage and increase the square footage of the home, which will improve the value of the property. I hope that this is useful to the board in reviewing and approving my permit application. Respectfully Submitted Roy E Crist. Page 28 of 90 �x I o ie n �M aq� , 34 �I l a 4 ti 14 +� Z� zz i#3Z Og uz �o N � 3; rZ V� �.4 VG r� Ih Q � � A/ � TK O .2aS ✓1} W Lm ~ NQ 1 1 Z v C 1,��[ s i p W i=11 Itis Oa°0s� •l Q o O k'i77 laJ �; 1ry1 d � u Z *��sc 8 � �o aa�� � ��± a ❑ ao Al z R i '- ei n I xv dC31 0. 1 C,ROPC I 1 1 1 -- ----- . � —_ 977 , a 1 }4 i 1 I:iC• �4 I I ♦ po ^� k NO ,A--- _ d PA W1 1�' 1 _ 1 I� 41 M � 1 1 I I F � 9IE 01' !i + Page 30 of 90 /�* J I�11,:„1 �j A31NarMBuvrr ee xva MvAn9 / /�A�na■pale hmo��sn®emwv u vlmN m 111. 111 71 81AT98FIS03NdH Mwmam N1u mm mauv a BlHEN3H MMd7M7 :3ova �.�-w�: 31N3J�JNIQllf19 MOHlId aisesuti[�aNDW NauHara an 30N301S3H 1SIHO 0 � x 9 q N Zw nun o 0 a-i O II a 3 J rn o z Q J r D O Z N .o-.ox .a.ox g 'v � gg S� 4 ?p '----------------------- on¢¢ � .a.x r.o-A ev .p pop� R Y IV b Ep r. ----------------- ------------------ _____5 0 s i m 1 i .o-.vr ,3 .asr . ,ov b M b i Page 31 of 90 [J`� C1,1111.1 w E;O s���°'uxtwouNs i lrva ea emum VIWNm l n PRDN �uYY�ISRquIlii ai�ea*�saauaNa aarra e+uoxureo 31N3�°JNIQ"II °"""{` 011 "emaeaia 3GN3(3IS3H.LSIaO z O J Q WII F _VA U � 7 O O _ 0 Q wC? W_ JR LJ u w F- a r-' Z� Q wU Ow � Z O F- 00 w4 J II :ao w VA Lii wa J� Page 32 of 90 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 ROY CRIST FOR CONDITIONAL USE PERMITS TO ALLOW A REDUCED REAR YARD SETBACK AND GARAGE SIZE AT 6188 BEACH ROAD NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request by Roy Crist (Applicant) for Conditional Use Permits to allow an eight-foot rear yard setback for a garage addition of 1,395 square feet at 6188 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 single family dwellings and accessory structures are a permitted use; and 4. Section 401.15.C.l.d of the Zoning Ordinance requires a 30-foot front yard setback, 10-foot side yard setback and 30-foot year yard setback in the R-2 Low and Medium Density Residential District; and 5. The Applicant has proposed an eight-foot setback to the west property line for the garage addition where a 30-foot setback is required. The existing single-family dwelling is constructed approximately one foot from the west property line; and Page 33 of 90 6. Beach Road is at an angle to the property leaving the north property depth at 57 feet. There is limited area to add onto the house within the 30-foot front and 30- foot rear setback areas. The addition to the house will replace an existing nonconforming shed that is partially in neighboring properties; and 7. Section 401.15.C.I e.5 of the Zoning Ordinance allows for a required yard on a lot to be reduced by a Conditional Use Permit if conditions are met; and 8. Section 401.15.D.6 of the Zoning Ordinance limits the combination of attached and detached garages to 1,200 square feet. The Applicant is requesting a 1,395 square foot garage to accommodate a laundry room and bathroom for the house; and 9. Section 401.15.D.6 of the Zoning Ordinance allows the garage size to exceed the limit by Conditional Use Permit if conditions are met; and 10. City staff prepared a planning report dated March 4, 2021 reviewing the request; and 11. Said report recommended approval of the Conditional Use Permits in they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 12. The Planning Commission held a public hearing at their March 11, 2021 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 Roy Crist (Applicant) for Conditional Use Permits to allow an eight-foot rear yard setback for a garage addition of 1,395 square feet at 6188 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. Any exterior mechanical equipment associated with the garage addition shall be screened. 2. The exterior of the proposed garage addition shall be finished with siding to match the current house. 2 Page 34 of 90 3. The Applicant shall apply for and receive a building permit for the structure. 4. The concrete pad proposed outside of the mud room door shall be required to be five feet from the property line. 5. The Applicant shall provide a plan for any removal of trees. 6. Any other conditions of the Planning Commission, City Council and City Staff. Recommended by the Planning Commission of the City of Oak Park Heights this 11'x' day of March 2021. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 35 of 90 ATTACHMENT A w Conditional Use Permits For Rear Yard Setback Reduction to 8-Feet And To Construct A 1,395 S.F. Garage At 6188 Beach Rd. N. Washington County Property PIN: 34.030.20.33.0139 Page 36 of 90 ATTACHMENT B Conditional Use Permits For Rear Yard Setback Reduction to 8-Feet And To Construct A 1,395 S.F. Garage At 6188 Beach Rd. N Application Materials « Application Form • Fees Plan Sets Written Narrative and Graphic Materials Explaining Proposal e Proof of Ownership or Authorization to Proceed Y fanning Commission Public Hearing & Recommendation: March 11, 2021 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) Page 37 of 90 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 ROY CRIST FOR CONDITIONAL USE PERMITS TO ALLOW A REDUCED REAR YARD SETBACK AND GARAGE SIZE AT 6188 BEACH ROAD NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request by Roy Crist (Applicant) for Conditional Use Permits to allow an eight-foot rear yard setback for a garage addition of 1,395 square feet at 6188 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 single family dwellings and accessory structures are a permitted use; and 4. Section 401.15.C.1.d of the Zoning Ordinance requires a 30-foot front yard setback, 10-foot side yard setback and 30-foot year yard setback in the R-2 Low and Medium Density Residential District; and 5. The Applicant has proposed an eight-foot setback to the west property line for the garage addition where a 30-foot setback is required. The existing single-family dwelling is constructed approximately one foot from the west property line; and Page 38 of 90 6. Beach Road is at an angle to the property leaving the north property depth at 57 feet. There is limited area to add onto the house within the 30-foot front and 30- foot rear setback areas. The addition to the house will replace an existing nonconforming shed that is partially in neighboring properties; and 7. Section 401.15.C.1.e.5 of the Zoning Ordinance allows for a required yard on a lot to be reduced by a Conditional Use Permit if conditions are met; and 8. Section 401.15.D.6 of the Zoning Ordinance limits the combination of attached and detached garages to 1,200 square feet. The Applicant is requesting a 1,395 square foot garage to accommodate a laundry room and bathroom for the house; and 9. Section 401.15.D.6 of the Zoning Ordinance allows the garage size to exceed the limit by Conditional Use Permit if conditions are met; and 10. City staff prepared a planning report dated March 4, 2021 reviewing the request; and 11. Said report recommended approval of the Conditional Use Permits in they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 12. The Planning Commission held a public hearing at their March 11, 2021 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 Roy Crist (Applicant) for Conditional Use Permits to allow an eight-foot rear yard setback for a garage addition of 1,395 square feet at 6188 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 with the following conditions: 1. Any exterior mechanical equipment associated with the garage addition shall be screened. 2. The exterior of the proposed garage addition shall be finished with siding to match the current house. 2 Page 39 of 90 3. The Applicant shall apply for and receive a building permit for the structure. 4. The concrete pad proposed outside of the mud room door shall be required to be five feet from the property line. S. The Applicant shall provide a plan for any removal of trees. Approved by the City Council of the City of Oak Park Heights this 23`a day of March 2021. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 40 of 90 ATTACHMENT A TAN Conditional Use Permits For Rear Yard Setback Reduction to 8-Feet And To Construct A 1,395 S.F. Garage At 6188 Beach Rd. N. Washington County Property PIN: 34.030.20.33.0139 Page 41 of 90 ATTACHMENT B ;r; Conditional Use Permits For Rear Yard Setback Reduction to 8-Feet And To Construct A 1,395 S.F. Garage At 6188 Beach Rd. N Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed PIanning Commission Public Hearing & Recommendation: March 11, 2021 Required Approvals: CUP Amendment City Council 415 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 42 of 90 Oak Park Heights Request for Council Action Meeting Date March 23rd, 2021 Time Required: 5 Minutes Agenda Item Title: Palmer Station—PUD Amendment- 5613 Oak Cove N. 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): Please see the attached from Scott Richards, City Planner 1. Planning Report—Dated March 4th, 2021 2. Approved Planning Commission Resolution—Unsigned 3. Proposed City Council Resolution. Page 43 of 90 TPC3601 Thurston Avenue N. suite 100 Endz,, rl Anoka, MN 55303 •J Phone: 763.231.5840 Facsimile: 763.427.0520 TPQPPlannin9Co.Darn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: March 4, 2021 RE: Oak Park Heights— Planned Unit Development Amendment— Front Yard Setback Allowances for Lot 10 Palmer Station. TPC FILE: 236.02 —21.02 BACKGROUND Olivia Gavic, representing Creative Homes Inc. has made an application for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak Cove North. The Planned Unit Development Amendment is required to vary from the front yard setback standards in that a PUD was originally granted to allow for variations for side yard setbacks with the original development approvals. The City Council approved the request for the rezoning, Planned Unit Development, and Preliminary and Final Plat for the thirteen-lot subdivision of the Palmer property at their July 22, 2014 meeting. On July 28, 2020, the City Council approved a Planned Unit Development Amendment for reduction in the front yard setback for 5606, 5573 and 5608 Oak Cove North. The property is zoned R-1 Single Family Residential District. The review is based upon the following submittals: Exhibit 1: Certificate of Survey for Lot 10 ® Building Footprint at 30' Setback Exhibit 2: Certificate of Survey for Lot 10 - Building Footprint at 25' Setback Exhibit 3: Elevation Plan (1 of 7) Exhibit 4: Foundation Plan (2 of 7) Exhibit 5: Mail Floor Level Plan (3 of 7) Exhibit 6: Report of the City Engineer, March 2, 2021 Page 44 of 90 PROJECT DESCRIPTION Ms. Gavic has indicated that the reason for the request is to amend the setback to a minimum of 25 feet to allow the home to fit within the wetland buffer setback requirement. ISSUES ANALYSIS Comprehensive Plan. The Comprehensive Plan 2018 designates this area as Low Density Residential. The Palmer Station development is in conformance with the Comprehensive Plan. Zoning. The property is currently zoned R-1 Single Family Residential District. The R- 1 District requires a front yard setback of 30 feet, side yard setbacks of 10 feet and rear yard setback of 30 feet. If the lot is on a comer, the required setback is 30 feet from the lot line. The 2014 approvals for Palmer Station allowed for reduced side-yard setbacks. The approved condition is as follows: 17. The City Council agrees to the request to reduce the allowable setback on the garage side of the home to a minimum of 5 feet. The setback to the dwelling portion of the home would remain at 10 feet A garage-to-garage setback would be required to be 15 feet The current request reduces the front yard setback by five feet to 25 feet. A Planned Unit Development Amendment is required to reduce the setback. Exhibit 2 shows the proposed building footprints at the 25-foot setback. The reduced setback will allow for more back yard space to comply with the wetland buffer setback of 20 feet and allow enough space on the driveway to park cars and small trucks. Planned Unit Development Amendment Review. The Planning Commission and City Council should review the criteria for a setback Conditional Use Permit in considering the Planned Unit Development: Application for a setback Planned Unit Development/Conditional Use Permit shall be regulated by Section 401.15.1.e.5). of the Zoning Ordinance. A Planned Unit DevelopmentlConditional Use Permit may be granted provided that: 5) A required yard on a lot may be reduced by a conditional use permit if the following conditions are met a) 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: As indicated, allowing a 25-foot setback will allow for the home to comply with the wetland buffer, as well as provide for a more useable back yard, and will keep homes more in line with existing/proposed homes on Oak Cove. 2 Page 45 of 90 b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. Comment: The required easements have already been dedicated and no construction will occur within these easement areas. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: Additional useable back yard space will be provided for this lot. d) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Comment: The structures should not impact sun access for abutting lots. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 409.15.6.6 of this Ordinance. Comment: The addition will not impact traffic visibility (Section 401.15.13.6) and not create any public safety concerns. t) The conditions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 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: 1. Relationship to the specfc 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 facilities including parks, 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 Planned Unit Development Amendment proposed for the site. The reduced setback will not negatively impact any of the above criteria. City Staff does not see any issues with the request. 3 Page 46 of 90 Grading and Drainage. A grading plan has been provided as part of the submittals. The City Engineer shall review and approve all of the grading and drainage plans. The City Engineer has provided a letter that is found as an Exhibit 6. Easements. No existing easements will be impacted, nor new easements are required with this request. CONCLUSION 1 RECOMMENDATION Upon review of the request for a Planned Unit Development to allow a reduced front yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak Cove North, City staff recommends the application with the following conditions: 1. The final grading and drainage for the lot shall be subject to approval of the City Engineer. 2. Any other conditions of the Planning Commission, City Council and City Staff. pc: Julie Hultman 4 Page 47 of 90 t# l • Revlafons: N Certificate of Survey for: 2 �-��12 6 20° CREATIVE HOMES, INC. 5 House Address: House Model: 5613 Oak Cove North,Oak Park Heights,MN Victoria 951.0 A s \n tiL (�' ° 9 m IJ~ yu XQ s m� BENCHMARK � / *.� 'a �'➢'� a Y ��rs O -� c 25. EL. 957.82 ~��` // 9L9rT6j 1 a •A \i 10 a '° \mo�i •••QQ$,,, .y J\y,o,v3m, k \ a, vmiEi 57.8 $ s / \. `ru` _ r, c ` e \ ,� 957.91 N-5 \ ug 57.8 ... P 9 'mak 948.2 \T \\ F `X, \ e 94.6 cw t L7 S} \ �8 55.2 i� l a,\ Sa 358 i awe t w �~ � h\ a� '951• D ,0 �y\\ � a � 790 awl L7 j ,)\.,e ,)s\7 01\4P- 57.4 r:\ 957.9TC 14�• ^W 957.9 add `� to !1 r``'Y I• i s I f f Vy// E+det ryouse W vanetrvetbn) Denotes Existing 'free Location f�r' / / a-0 Ci Denotes Existing Contour 4 BENCHMARK o TOP OF SPrOE K x HYD qtj Denotes Existing Hydrant EL- 9saaz c E9 Denotes Existing Electric Box 0 ® Denotes Existing Television Box T13 It q2l ❑ Denotes Existing Telephone Box LEGAL DESC u * Denotes Existing Light pole ��` o a oDenotes Existing service Lot 10, Block 1, PALMER STA770N, a Denotes Existing Curb stop Washington County, Minnesota x aoll.o Denotes Existing Elevation x® Denotes Proposed Elevation Mtnknum Lowest Floor Elevation:-949•Q —� Denotes Direction of Drainage PROPOSED BUILDING ELEVATIONS Denotes Drainage & Utility Easement Lowest Floor Sevation: 951.8_ (per recorded plat) i Top of Foundation Elevation: 959.5 Denotes iron Monument Garage Slab Elevation (at door): 959.1 Bearings shown are assumed NOTES: 1. Proposed building site grading is in accordance with the ( GRAPHIC SCALE grading plans prepared by Elan Design Lab, last revised 0 15 so 60 8/23/18 2. Contractor must verify sewer depth. j 3. Driveways shown are for graphic purposes only. Final driveway i design and location to be determined by owner/builder, i (!N FEET) ! All building foundation dimensions shown on this survey t (8.504 sheet) Include exterior foundation insulation widths, if applicable. 1786 7708.010 GJS Refer to final building plans for foundation details. f I /►���ON 'Prepared certify to Creative Homes, Inc. that this survey, plan or report was 'l Cyd prepared by me or under my direct supervision and that I am a duly licensed land 4I( # surveyor under the laws of the State of Minnesota. r fes• I s.1,s Fiz,•$'aAur°. x ek.Q o'1 i;w+C9J]C`NR cti4 Dated this 30th day of October, 2020. 1 I Signed, rl n M c. 3680 P,1lAeANr 8100/DREW No su17/100 BLAMP,r1N SN" By. qq qty 1rlL(788)�o8.79a0,rAx IMI g g N 6t Bi ' CARLSONMOCJ1tN,a0M omas R. BnHuff, L•� ¢ �f I Peter J. Blom ulat, L. e . a. 676 Revisions: Certificate of Survey for: abnt�mm�[a_11110,11020 N 2 C[ Comments— 2/16/2020 Cit Camman[eia—12 B 020 CREATIVE HOMES, INC. 5 neW Hwae Poeltien- f5/2021 House Address: House Model: ` 5613 Oak Cove North,Oak Park Heights,MN Victoria At /t �p �'° II�� I y'('� ,a 1 /I 1 s0 Lij ao1__ r 245 � ! m '•0 \i �o� J�'- 10 i P, 9 Ams, \ 957.4 \TC L� X It to Ar ems' ti c , 157 \4g \ 1 TC 7.e o Fr Ir%/J7lT/j/7co o -�� 1% (un ergs e�ru�lon) W Donates Existing Tree location /1�k-/ Denotes Existing Contour v : a Denotes Existing Hydrant p Denotes Existing Electric Box Denotes Existing Teletdslon Box v p Denotes Existing Telephone Box LEGAL IDE iMPTION: y° o �[ Denotes Existing light Pole 3 p Denotes Existing Service Lot 10, Block 1, PALMER STATION, w ton hin Count o Denotes Existing Curb Stop Washington y, Minnesota x 000.o Denotes Existing Elevation oo. Denotes Proposed Elevation Minimum Lowest Roar Elevation: 949.0 - Denotes Direction of Drainage PROPOSED BUILDING ELEVATIONS Denotes Drainage & Utility Easement Lowest Floor Elevation: 951.8 -' (per recorded plat) Top of Foundation Elevation: 959.5 �-- Denotes Iron Alonument Garage Slay Elevation (at door): 959.1 ' Bearings shown are assumed NOTES: i 1. Propased building site grading is in accordance with the [ GRAPHIC SCALE grading plans prepared by Elan Design Lab, last revised 0 15 30 50 8/23/18 2. Contractor must verify sewer depth. 3. Driveways shown are for graphic purposes only. Final driveway design and location to be determined by owner/builder. I (IN FEET) 4. All building foundation dimensions shown an this survey (8,5x14 sheet) include exterior foundation insulation widths, if applicable. 1786 7708.010 Gis Refer to final building plans for foundation details. hereby certify to Creative Homes, Inc. that this survey, plan or report was CARU0N 'Prepared by me or under my direct supervision and that I am a duly licensed land ISI CAI M ,ro surve r under the Iowa of the State of Minnesota. ENGINEERING"�SURVEYING\ENVIRON14FIN3AL Dated this 30th day of October, 2020. 1 Signed' rl Mc e. i 3890 PHEASANT RIDW DRIVE NE i surf!IDD TEL(763)489-7NN%AAT((763)4SFdS79By. CARLSORMCCAIN.CON omas R. Saffuff, g4o-f 1a.3t)i Peter L Romquist, t-S. Reg. No. 51676 1='lllllll;� 1 CD i�� �hh` lllllli�unnunw,i I numuc�il�flllllllllilfl� � ' „11, ��1.�I�1� �IIIIIIIIII EN n = ::�II� I�I. Ill�liliillil Illlll�llli ' \II n��'=� `IIIIIIIIIIIIIIl1Yl � ��__-�- Illllllllifl�lllH, • ` \ nmla:�li'iil�Ell I liiiiiiiiiiii-- ' �° MI.W �\ .MIN41 ILI"k . CD fil�fa I I , I r ii� 411 it NOLLV18 W3WWd h wm of un Cam NM'GIM9131�&Wcl wo N aAO9� WO fi195 civ] 8 e a aN $t s i? , r r � i y I i ------------- IFtl i: IL IfmWml�r y i i � � i I 1 r 1 r r I i-- I 1 I I I L--------------1 — l.� tltl I I r I A I I I I I 1 p i"91 U i In I I , ------------- --- --------- LU .a.� feuva.hd �N Alin Stoll soil! 1 [HIlk Ilk 111111 !will Pale 51 of 90 N0I1d1S 2awwd II xw'OI un 44� If f'.j• ��;1 CWM NW"S-- 04�FMdd WO RL -au+mu 4 N anOV`SMO @195 e 11 $ 8 S S E Ell i B fiiiE, a�Na�S� rtaai-r Ni *A a :# t. n, .1 I � � O Dill __+__________ ISI 1•I J a fill, g Pahe 52 of 90 Stantec Consulting Services Inc. Stantec 733 Marquette Avenue Suite 1000,Minneapolis MN 55402-2309 March 2,2021 File: 193800151 Attention: Mr. Eric Johnson,City Administrator City of Oak Park Heights 4168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Reference: Palmer Station: Certificate of Survey Review, Lot 10—Revised Setback Dear Eric, We have reviewed the certificate of survey submitted for Lot 10, Palmer Station(as revised with the new setback, revision date 3-2-2021, attached). The survey for Lot 10 is in substantial conformance with the approved grading plan. As a condition of the permit for this lot, include the requirement that the City be notified when the final grading of the lot is completed(before the sod is placed)so that the grades and drainage can be confirmed before the sod is placed. If you have any questions or require further information,please do not hesitate to contact me. Regards, Stantec Consulting Services Inc. L"M. Mann, I" City Engineer Phone:612-712-2085 Lee.Mann@stantee.com c. file Julie Hultman, Building Official Andy Kegley, DPW Olivia Gavic, Creative homes Design with community in mind Page 53 of 90 Certificate of Survey for: RegS�c,Te„ts;�;6 20 o° Cn COmm•n1+.2- 12 16 1.2. CREATIVE HOMES, INC. 5 Ci;Comments'-3 22x21 02' House Address: House Model; 5613 Oak Cove North,Oak Park Heights,MN Victoria ` 951.0 U ! n W r y\ 00 y z V, �I s �� LLJ � �x Jam, o �9 , ����� 16-0-0 X/(� / ¢ 24.5 4 j NET 9 6 \ 957.4 15 /, \� 0 �� 1413.2 \ 11o0 \ ,moi \ 9f6 zl *�it! 389 q $ 4 qW a T7' 1 1 l 95 0— , 5�' iii 957.8Te + l 5 w : X7.9 f��/771T7iT1T�7r7 0 o Denotes Existing Tree Location /{ o Denotes Existing ContourHYD a Denotes Existing Hydrant m° p Denotes Exfsting Electric Box ® Denotes Existing Television Box p Denotes Existing Telephone Box LEGAL DESCRIPTION, y * Denotes Existing Light Pole Lot 10, Block 1, PALMER STATION, a 3 o Denotes Existing Service o Denotes Existing Curb Stop Washington County, Minnesota x mao Denotes Existing Elevation 1<jg:0 Denotes Proposed Elevation Minimum Lowest Floor Elevation: 949.0 Denotes Direction of Drainage PROPOSED BUILDING ELEVATIONS Denotes Drainage do Utility Easement Lowest Floor Elevation: 951.8 (Per recorded plat) Top of Foundation Elevation: 959.5 Denotes Iron Monument Garage gob Elevation (at door): 959.1 NOTES: Bearings shown are assumed 1. Proposed building site grading is In accordance with the t GRAPHIC SCALE grading plans prepared by Elan Design Lab, lost revised 0 15 30 8/23/18 2. Contractor must verify sewer depth. ' 3. Driveways shown are for graphic purposes only. Final driveway I design and location to be determined by owner/builder. (IN FEET 4. All building foundation dimensions shown on this survey i (8.5x14 sheet) include exterior foundation Insulation widths, if applicable. I 11786 7708.010 GJS Refer to final building plans for foundation details. i CARLSON I hereby certify to Creative Hames, Inc. that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land MMAIN surveyor under the laws of the State of Minnesota. ENGINEERING\SURVEYING\ENVIRONMENTAL Dated this 30th day of October, 2020. Signed: r( n M c. 3890 PHEASANT RIDGE DRIVE HE P SUETE 00 BLAaE NN253149 By: E TEL(769)4e9.79e0,Psi(763)469-7969 thomas R. Baftuff, Z eg. No. 40351 CARI.SaNNCCAIN.CON Peter J. Ellomquist, L.S. Reg. N f 90 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 FROM OLIVIA GAVIC, REPRESENTING CREATIVE HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW A REDUCED FRONT YARD SETBACK FROM 30 FEET TO 25 FEET FOR LOT 10, PALMER STATION LOCATED AT 5613 OAK COVE NORTH, SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak Cove 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 City Council approved the request for a rezoning, Planned Unit Development, and Preliminary and Final Plat for a thirteen-lot subdivision of the Palmer property at their July 22, 2014 meeting; and 4. The Applicant has requested that the City consider allowing a 25-foot setback instead of the required 30-foot setback; and 5. The requested 25-foot setback will provide a reasonable wetland buffer setback, allow for more useable back yards, and will keep homes more in line with existing homes on Oak Cove; and Page 55 of 90 6. A Planned Unit Development Amendment is required to reduce the setback to 25 feet; and 7. City staff prepared a planning report dated March 4, 2021 reviewing the request and criteria for Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said reports recommended approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their March 11, 2021 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 for a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak Cove North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The final grading and drainage for the lot shall be subject to approval of the City Engineer. 2. Any other conditions of the Planning Commission, City Council and City Staff. Recommended by the Planning Commission of the City of Oak Park Heights this 1 lth day of March 2021. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 2 Page 56 of 90 ATTACHMENT A Alp ta 7- Conditional Use Permit Front Yard Setback Reduction Allowance Lot 10 Palmer Station 5613 Oak Cove N. Washington County Parcel ID Numbers: 04.029.20.23.0100 Legal Description: Lot 10, Block 1, Palmer Station Page 57 of 90 ATTACHMENT B Conditional Use Permit Front Yard Setback Reduction Allowance Lot 10 Palmer Station 5613 Oak Cove N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) Planning Commission Public Hearing & Recommendation: March 11, 2021 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment: Unless a General Pian of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action, (401.06.C.2.e) Page 58 of 90 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 FROM OLIVIA GAVIC, REPRESENTING CREATIVE HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW A REDUCED FRONT YARD SETBACK FROM 30 FEET TO 25 FEET FOR LOT 10, PALMER STATION LOCATED AT 5613 OAK COVE NORTH, BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak Cove North, and after having conducted a public lic;aring 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 City Council approved the request for a rezoning, Planned Unit Development, and Preliminary and Final Plat for a thirteen-lot subdivision of the Palmer property at their July 22, 2014 meeting; and 4. The Applicant has requested that the City consider allowing a 25-foot setback instead of the required 30-foot setback; and 5. The requested 25-foot setback will provide a reasonable wetland buffer setback, allow for more useable back yards, and will keep homes more in line with existing homes on Oak Cove; and Page 59 of 90 6. A Planned Unit Development Anlendinent is required to reduce the setback to 25 feet; and 7. City staff prepared a planning report dated March 4, 2021 reviewing the request and criteria for Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said reports recommended approval of the Planned unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their March 11, 2021 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 for a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow a reduced front yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak Cove North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following condition: 1. The final grading and drainage for the lot shall be subject to approval of the City Engineer. Approved by the City Council of the City of Oak Park Heights this 23rd day of March 2021. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 2 Page 60 of 90 ATTACHMENT A Conditional Use Permit Front Yard Setback Reduction Allowance Lot 10 Palmer Station 5613 Oak Cove N. Washington County Parcel ID Numbers: 04.029.20.23.0100 Legal Description: Lot 10, Block 1, Palmer Station Page 61 of 90 ATTACHMENT B Conditional Use Permit Front Yard Setback Reduction Allowance Lot 10 Palmer Station 5613 Oak Cove N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) Planning Commission Public Hearing & Recommendation: March 11, 2021 Required Approvals: PUD Amendment City Council 415 PUD Amendment: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 62 of 90 Oak Park Heights Request for Council Action Meeting Date March 23th, 2021 Time Required: 5 Minutes Agenda Item Title: Washington County Historical Society—Heritage Center Request 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): Please see the attached memo. Page 63 of 90 City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 3/16/21 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Washington County Historical Society (WCHS) Request—Heritage Center At the City Council 2021 Goal setting discussion, the Council did discuss the concept of providing a one-time level of funding for the Washington County Historical Society—Heritage Center Project. SEE ATTACHMENTS on this Project also at https://www.wchsmn.org/capital-campaign/ As the WCHS has been a good partner with the City— providing data for City websites, local exhibits over the years and provides a valuable asset to the community preserving our history and as the Center would attract visitors to the immediate community bringing the added benefit to the tourism/economic development--a contribution would seem reasonable and plausible as a public purpose expenditure as permitted in MN STAT 469.191. Please note that the WCHS is a 501 c3 non-profit entity with a FEDERAL TAX ID#41-6038333. To develop a standard as to what is reasonable and/or equitable across communities can be subjective, and one approach may be a "per-capita" concept based on what other communities have ACTUALLY PROVIDED. Per this approach, the City Council might consider$6,500.00 as a single one-time allocation—near comparables of others. This amount could be derived from the 2021 Council Contingency which has a current unallocated balance of $15,000.00 Lastly, the Council may desire to comment as to ensuring some demonstrated effort as to the history of the City of Oak Park Height is reasonably included in its displays/curated pieces. City of Oak Park Heights Washington County Historical Society-Contribution data Amount Given To Date 2019 3/16/21 or Firm Population Contrib Per Jurisdiction Commitments Estiamate Capita Marine on St.Croix $ 705 $ Newport $ - 3,675 $ - Stillwater TOWNSHIP $ 15,000.00 1,910 $ 7.85 Washington County $ 50,000.00 262,748 $ 0.19 Baytown Township $ 1,000.00 1,963 $ 0.51 Stillwater-CITYM $ 20,000.00 19,767 $ 1.01 Scandia $ 5,000.00 4,054 $ 1.23 St. Mary's Point $ 500.00 357 $ 1.40 West Lakeland $ 13,000.00 4,155 $ 3.13 Oak Park Heights - PROPOSED $ 6,500.00 4,897 $ 1.33 Also$5,000 for operation pe r year for the last 5 years... Page 64 of 90 I MINNESOTA STATUTES 2024 469.191 469.191 CONTRIBUTIONS TO REGIONAL OR LOCAL..ORGANIZATIONS. A home rule or statu Lory city or town described in section 368A1..subdivision I or la,may appropriate not more than $50,040 annually out of the general revenue fund of the jurisdiction to be paid to any incorporated development society or organization of this state for promoting, advertising.. improving,or developing the economic and agricultural resources of the city or town. Ilistnn: 1989 c 165 s 1 https://www.Imc.org/wp-content/uploads/documents/Public-Purpose-Expenditures.pdf 2019 estimate Washington County Total 262,748 Afton 3,009 Bayport 3,808 Baytown township * 1,963 Birchwood Village 874 Cottage Grove 37,795 Dellwood * 1,124 Denmark township 1,840 Forest Lake* 20,798 Grant* 4,064 Grey Cloud Island township * 306 Hastings (part) 3 Hugo 15,388 Lake Elmo * 11,105 Lakeland 1,798 Lakeland Shores 311 Lake St. Croix Beach * 1,044 Landfall * 764 Mahtom ed i 8,021 Marine on St. Croix 705 May towns hip 2,722 Newport 3,675 Oakdale 27,930 Oak Park Heights * 4,897 Pine Springs 413 St. Marys Point* 357 5t. Paul Park* 5,611 Scandia* 4,054 Stillwater* 19,767 Stillwatertow nship * 1,910 West Lakeland township * 4,155 White Bear Lake (part) 390 Willernie 531 Woodbury 71,616 Page 65 of 90 Information about the Capital Campaign Preserving -� Tomorrow's ' HISTORY toi Donate VJ.SA Page 66 of 90 7 M sn t� s I Capital Campaign.The WCHS operates three historic sites but has no central exhibit space.The new Heritage Center will provide a centralized location that will allow for multiple long-term historical exhibits,smaller local displays of area history,a research center, a classroom,gift shop and staff office space.School groups and County residents and visitors will be able to stop by and tour the exhibits, attend lectures and community events, and research their genealogy in the new space. Join us! Your contribution will help make this happen! We have raised $1.8 million on an initial phase goal of$3 million. Greiner Construction will begin work on the building during the Winter of 2020-2021 and we anticipate opening in the summer of 2021. Please click on the donate button t to make your contribution to this important effort or click on this downloadable pdf form to donate via mail in check. Please make checks payable to WCHS.Thank you. Donate iVOA ®� .~ Page 67 of 90 Timeline 1934 VNCHS Began 10 1941 WCHS incorporated as a. nonprofit organization and purchased the Warden's House in Stillwater 1 t78 WCHS purchased Hay "- Lake School in Scandia WCHS purchased and moved Erickson Lag House in Scandia 7996 C) ir Carriage IiOLIse. rebuiIt 19 2007 Exploration started for Her itag a Center site 2(71 1 f1. 1111 Now Vy'rHS houglt the. building at 1862(l,eeler., 2013 M N D 0 T rented the space during new bridge construction WCHS paid off Greeley St, 2016 10 WCHS started programming of Eder School at Oakdale Nature Center q jr 1018 Capital campaign for Heritage Center began 2021 Heritage Center grand opening planned Page 68 of 90 n , �7�A LLL- Credits:Stillwater photographer John Runk, 1912 FOLLOW US Social Media © 2021 WASHINGTON COUNTY HISTORICAL SOCIETY — UP T Page 69 of 90 THIS PAGE INTENTIONALLY LEFT BLANK Page 70 of 90 7 Oak Park Heights Request for Council Action Meeting Date March 23rd, 2021 Time Required: 5 Minutes Agenda Item Title: Approve the Listing Agreement Extension for the "Bell Property" located at 5416 Stagecoach Trail. Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested UPDATE, Possible Action. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In September 2019 the Council did extend the real estate listing agreement for the City's property with TELUS Real Estate (Brian Zeller)through March 2020. Certainly, COVID-19 was a detriment to any possible listing at that time (and may still continue). The Council did at its 2021 Goal Setting Meeting discuss the possibility of seeking the sale of such land for single-family purposes, but prefers to do this via a sale of the land to a private developer versus undertaking that role itself. Staff has reached out to Mr. Zeller as to his contacts and ability in the single-family market for which he indicated he can certainly initiate some contacts; but he did also state that with the waning of the COVID impacts, some buyers may now be more motivated. Beyond this, Mr. Zeller's firm knows the local market very well and has been responsive to prospects and City questions. Considering this STAFF would seek to renew this listing agreement with TELUS through December 31st, 2021. All previous percentages and costs would remain the same. Mr. Brian Zeller will be present at the ZOOM Meeting to respond to any questions or concerns as well. Page 71 of 90 COMMERCIAL LISTING CONTRACT: EXCLUSIVE This form approved by the Minnesota Association of REALTORS" and the Minnesota Commercial Association of REALTORS",which disclaims any liability arising out of use or misuse of this form. O 2020 Minnesota Association of REALTORS",Edina,MN 1. Date February 3rd, 2021 2. Pagel 3. DEFINITIONS: IN CONSIDERATION OF the CgONCt of Teles Property Svs & solutions (Real Estate Company Name) 4. ("Broker")to undertake to 0 SELL Q LEASE (if only-.SELL is checked,all references to Lessor,tenant,or lease do not apply; (Check all that aPPI),.)--- 5. if only LEASE is checked, all references to Seller, beer qr sale do not apply) the property hereinafter described, 6. (e g.,trust,power of attorney,conservator,etc.) 7. ("Seller and/or Lessor")grants to Broker the exclusive right to sell and/or lease or contract to sell and/or lease the property at 8, 5416 Stagecoach 9. City of Oak Park Heights County of Washington State of 10. Minnesota,Zip Code 55082 and legally described a 11. "Property") p rtY") 12. for the period from the date of this Contract through and including 6c 31 2 021 , o, the sum 13. of 156,000.00 One Hundred Fifty-Six Thousand upon the fol ing 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) speci ed in this Contract or 18. expiration or cancellation of this Contract, whichever occurs first. 19. This Contract may only be canceled by written mutual agreement of the parties, FtrtkL Dae, phTE� wov�.D BF p 20. Seller and/or Lessor understands that Broker may list other properties during the term of this Contract which may 21. compete with Seller's and/or Lessor's 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 31. broker in MLS. The seller(s)of a listing has the right to opt out of certain kinds of data display under the MLS's VOW 32. policy. The MLS imposes various other rules and restrictions on VOWs. 33. For each of the following options,the MLS system automatically defaults to"Yes."Seller's 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 0 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. MNC:LC:E-7 (8/20) MinnesotagRealtors" Pag91t86SACTIONS iransactionpesk Eaitioo COMMERCIAL LISTING CONTRACT: EXCLUSIVE 43. Page 2 44. Property located at 5416 stagecoach Oak Park Heights MN 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-mai.i,fax, mail, hand delivery, and orally. 51. Shall the listing address (Property and unit numbers and street name) be displayed 52. on the Internet? Q 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.Seiler 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/clients 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 66. on 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 Title, 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 82. Contract. Seller and/or Lessor shall permit Broker to place information on the Minnesota. Commercial Property 83. Exchange ("MCPE")or other type of multiple listing service forum ("MLS") and the Internet concerning the Property. 84. Upon final acceptance of a purchase and/or lease agreement, Seiler and/or Lessor allows Broker to withdraw the 85. Property from the market. Broker may notify the MCPE or MLS and member REALTORS'of the price and terms of 86. the sale and/or lease. 87. Seller and/or Lessor has the full legal right to sell and/or lease the Property. 88. Seller and/or Lessor certifies that as of the date of execution of this Contract, Seiler and/or Lessor has not received 89, any notice of building,health,or fire code violations,nor vacant building registration notification,nor notice of hazardous 90, waste on the Property, nor notice of condemnation pertaining to the Property, except as herein noted (if none, state 91. "none"): None 92. 93. 19IMinnesota MNC:LC:E-2(8/20) Realtom" � �on�ps�saeTIO S 9 E COMMERCIAL LISTING CONTRACT: EXCLUSIVE 94. Page 3 95. Property located at 547.6 Stagecoach Oak Park Heights MN 55082 96. Access to the Property:To facilitate the showing and sale and/or lease of the Property,Seller and/or Lessor authorizes 97. Broker to: 98. ® access the Property; 99. ® authorize other brokers and their salespersons, inspectors,appraisers,contractors,and other industry professionals 100. to access the Property at reasonable times and upon reasonable notice; and 101. ❑ duplicate keys to facilitate convenient and efficient showings of the Property. 102. Authorizing access means giving Broker permission to: 103. 1. authorize the above-referenced persons to enters-the Property,with or without a licensed salesperson present; 104. 2. disclose any security codes necessary to enter:the Property; and 105. 3. lend a key to enter the Property, directly or through a fockbox. 106. Seller and/or Lessor agrees to commit no act which might teAd to obstruct Broker's performance. If the Property is 107. occupied by someone other than Seller and/or Lessor, Seiler and/or Lessor shall comply with Minnesota law and 108. applicable lease provisions of an existing lease and provide tenant with any required notice in advance of any Property 109. showing. 110. Seller and/or Lessor understands that prospective buyers/tenants and others authorized to access the Property may 111. record the Property by photograph, video, or other medium while accessing the Property. 112. RECORDING ON THE PROPERTY:Seller and/or Lessor understands that MN Statute 626A.02 specifically prohibits 113. the interception of oral communications without the consent of at least one of the two parties to the communication. 114. Seller and/or Lessor should seek appropriate legal advice regarding compliance with this statute if Seller and/or Lessor 115, intends to utilize technology that may intercept oral communications between persons other than Seller and/or Lessor. 116. SELLER AND/OR LESSOR CONTENT LICENSE: In the event Seller and/or Lessor provides content, including, but 117. not limited to, any photos or videos of the Property ("Seller and/or Lessor Content")to Broker, Seller and/or Lessor 118. grants to Broker a nonexclusive,perpetual,world-wide,transferable,royalty free license to sub-license(including through 119, multiple tiers),reproduce,distribute,display,perform,and create derivative works of the Seller and/or Lessor Content. 120. Seller and/or Lessor represents and warrants that Seiler and/or Lessor has authority to provide Seller and/or Lessor 121. Content and Seller and/or Lessor Content does not violate any restrictions regarding use including any third-party intellectual 122_ property rights or laws.Seller and/or Lessor agrees to execute any further documents that are necessaryto effect this license. 123. NOTICE: THE COMPENSATION RATE FOR THE SALE, LEASE, RENTAL, OR MANAGEMENT OF REAL 124. PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. 125. BROKER'S COMPENSATION: (Fill in all blanks.) 126, COMPENSATION FOR SALE: (To be completed only if Property is being offered for sale.) Seller shall pay Broker 127, a retainer fee of$ a•00 when Seller signs this Contract. Broker shall keep this fee even if 128. Seller does not sell the Property. It is further agreed that Seller shall pay Broker a brokerage fee of: 129. (Check any that apply.) 130• ❑ percent(%) of the price for which the Property is sold or exchanged; 131. 71 $ 132. ❑ $ per square foot; 133. ® OTHER: 4% if listing agent represents both sides of the transaction, 6% if another agent represents the Buyer. 134. 135. 136. upon the occurrence of any of the following conditions, identified in lines 153-201. MNC:ME-3(8120) Minnesota Realtors" Pa19AMACTIONS 'F �Trnsx,onCesEa rear' COMMERCIAL LISTING CONTRACT. EXCLUSIVE 137. Page 4 138. Property located at 5416 Stagecoach oak Park Heights MN 55082 139. COMPENSATION FOR LEASE;(To be completed onlyif Propertyis being offered forlease.) Lessor shall pay Broker a 140, retainer fee of $ when Lessor signs this Contract, Broker shall keep this fee even 141. if Lessor does not lease the Property. It is further agreed that Lessor shall pay Broker a brokerage fee of: 142. (Check any that apply.) 143. ❑ percent (%) of the total gross obligation of the lease price; 144. ❑ percent(°fo)of the total net obligation of the lease price; 145. ❑ $ 146. ❑ $ per useable square foot; 147. ❑ $ per rentable square foot; 148. ❑ OTHER: 149. 150. 151. upon the occurrence of any of the following conditions, identified in lines 153-201 and paid in the following manner: 152. percent (%) upon lease execution and percent (%) upon lease occupancy. 153. COMPENSATION CONDITIONS: 154. 1. The sale and/or lease,contract for sale and/or lease, exchange or conveyance of the Property during the period 155, of this Contract by Broker or any other person, including but not limited to, Seller and/or Lessor or any other 156. agent or broker not a party to this Contract, in accordance with the price, terms, or exchange as set forth here 157, or as otherwise consented to by Seller and/or Lessor; 158. 2. A buyer and/or tenant is procured, whether by Broker, Seller and/or Lessor or anyone else, who is ready, willing 159. and able to purchase and/or lease the Property at the price and terms set forth above and Seller and/or Lessor 160. refuses to sell and/or lease; 161. 3. A Seller and/or Lessor agrees to sell and/or lease the Property before the expiration of this Contract, and Seller 162, refuses to close the sale and/or Lessor refuses to commence the lease in accordance with the terms of the 163. executed lease agreement; 164. 4e A Seller and/or Lessor removes the Property from the market before expiration of this Listing Contract; 165. 5. If Seller and/or Lessor grants an option to purchase and/or lease the Property,Seller and/or Lessor shall compensate 166. Broker,as provided here,based on the price paid for the option and for any extensions of the option.This compensation 167, shall be paid upon receipt by Seller and/or Lessor of any such payments. In the event such option is exercised, 168. whetherduring the term of this Contract,or within 6 months after,Seller and/or Lessor shall also compensate 169. Broker on the gross sale and/or lease price of the Property in accordance with the provisions here. 170. Notwithstanding the foregoing,to the extent that all or part of the price paid for the option or any extension of the option 171. is applied to the sale and/or lease price of the Property, then any compensation previously paid by Seller and/or 172. Lessor to Broker on account of such option payments shall be credited against the compensation payable to 173. Broker on account of the exercise of the option; 174. 6. During the term of this Listing Contract or within 180 days (not to exceed six (6) months, except for the 175. purchase orsale ofa business in which case it cannot exceed two(2)years)after the expiration of this Listing Contract; 176. (a) the Property is acquired by a public authority; 177. (b) an agreement to acquire the Property is reached with a public authority; or 178. (c) a public authority institutes eminent domain/condemnation proceedings to acquire the Property; 179. 7. Seller and/or Lessor contributes or conveys the Property or any interest therein to a partnership,joint venture or 180. other business entity during the term of this Contract in lieu of a sale and/or lease of the Property during the term 181, of this Contract; MNC:LC:E-4(8/20) Minnesota Realtors® PalItAgSACTIONS 1 ii-Ce,k Edili- COMMERCIAL LISTING CONTRACT. EXCLUSIVE 182. Page 5 183. Property located at 5416 Stagecoach Oak Park Heights MN 55082 184. 8. Seller and/or Lessor is a partnership or other business entity, and an interest in the partnership or other business 185. entity is transferred, whether by merger, outright purchase and/or lease or otherwise in lieu of sale and/or lease 186. of the Property during the term of this Contract; or 187. 9. If within 180 days(not to exceed six(6)months, except for the purchase orsale of business in which case 188. it cannot exceed two (2)years) after the end of this Contract, Seller and/or Lessor sells and/or leases or agrees 189. to sell and/or lease the Property to anyone who has made an affirmative showing of interest in the Property by 190. responding to an advertisement or by contacting the Broker or salesperson involved or has been physically shown 191. the Property by the Broker or salesperson. It is understood that Broker shall not seek to enforce collection of a 192. compensation under this subparagraph nine(9) unless the name and address of the prospect is on a written list 193, given to Seller and/or Lessor within 72 hours after expiration of this Listing Contract. 194. IF YOU RELIST WITH ANOTHER BROKER WITHIN THE OVERRIDE PERIOD AND THEN SELL AND/OR 195. LEASE YOUR PROPERTY TO ANYONE WHOSE NAME APPEARS ON THIS LIST, YOU COULD BE LIABLE 196. FOR FULL COMMISSIONS TO BOTH BROKERS, IF11141S NOTICE IS NOT FULLY UNDERSTOOD, SEEK 197. COMPETENT ADVICE. 198. As security for Broker's compensation, Seller and/or Lessor her�by.g�pnts to Broker a security interest in the lease 199. payments from the lease of the Property or proceeds from a sale a4fany title company or other closer who conducts 200. the closing on the sale and/or lease of the Property is directed to disburse the Broker's compensation provided here 201. to Broker at the time of closing. 202. COMPENSATION DISCLOSURE: Broker®SHALL❑SHALL NOT offer compensation to cooperating brokers. ---------------(Check one.)--------------- 203. ---------- -203. If SHALL, the compensation to cooperating brokers shall be as follows: 204. ® 3 % of the gross sales and/or lease price or $ whichever is greater, to 205. cooperating brokers representing buyer and/or tenant. 206. ❑ % of the gross sales and/or lease price or$ whichever is greater, to 207. cooperating brokers assisting buyer and/or tenant. 208. 0 Other: 209. 210. FORFEITURE OF EARNEST MONEY: If a buyer of the Property defaults and as a result forfeits the earnest money, 211. Seller shall receive 0 percent(%) and Broker shall receive e percent(%)of the earnest money. 212. CLOSING SERVICES: 213. NOTICE: THE REAL ESTATE BROKER, LICENSEE REPRESENTING SELLER OR REAL ESTATE 214. CLOSING AGENT HAS NOT EXPRESSED AND, UNDER APPLICABLE STATE LAW, MAY NOT 215. EXPRESS OPINIONS REGARDING THE LEGAL EFFECT OF THE CLOSING DOCUMENTS OR OF 216. THE CLOSING ITSELF 217. After a purchase agreement for the Property is signed, arrangements must be made to close the transaction. Seller 218. understands that Seller may arrange for a qualified closing agent or attorney to conduct the closing, or Seller may 219. ask Broker to arrange for the closing. Seller understands that Seller may be required to pay certain closing costs 220. which may effectively reduce the proceeds from the sale. 221. Seller's choice for closing services: (Check one.) 222. ®Seller directs Broker to arrange for a qualified closing agent to conduct the closing. 223. ❑Seller shall arrange for a qualified closing agent or Seller's attorney to conduct the closing. 224. (Seller's Initials) (seller's Initials) MNC:LC:E-5(8/20) Minnesota Realtors" Pag f)-P€ 9SACTIONS Desk E-- COMMERCIAL LISTING CONTRACT: EXCLUSIVE 225. Page 6 226. Property located at 5416 Stagecoach Oak Park Heights MN _ 55082 227. ADDITIONAL COSTS: Seller acknowledges that Seller may be required to pay certain closing costs, which may 228. effectively increase the cash outlay at closing. 229. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT("FIRPTA"): Section 1445 of the Internal Revenue Code 230. provides that a transferee ("Buyer") of a United States real property interest must be notified in writing and must 231. withhold tax from the transferor("Seller")if the transferor("Seller")is a foreign person,provided there are no applicable 232. exceptions from FIRPTA withholding. 233. Seller represents and warrants that Seller ❑ IS ® IS NOT a foreign person (i.e., a non-resident alien individual, -------(Check ane.)------ 234. foreign corporation, foreign partnership, foreign trust,.or foreign estate)for purposes of income taxation. 235. Due to the complexity and potential risks of failing to comply with FIRPTA, Seller should seek appropriate legal and 236. tax advice regarding FIRPTA compliance,as Broker will bOunable to confirm whether Seller is a foreign person 237. or whether the withholding requirements of FIRPTA apply:' 238. AGENCY REPRESENTATION: 239. ® Seller and/or Lessor will agree to a dual agency representation and will consider offers made by buyers and/or 240. tenants represented by Broker. 241. ❑ Seller and/or Lessor will not agree to a dual agency representation and will not consider offers by buyers and/ 242. or tenants represented by Broker. 243. Real Estate Company Name: Telus Property Svs & solutions 244. By: (Licensee) 245, Seller and/or Lessor: Date: 246. Seller and/or Lessor: Date: 247. OTHER POTENTIAL SELLERS AND/OR LESSORS: Seller and/or Lessor understands that Broker may list other 248. properties during the term of this Contract. Seller and/or Lessor consents to Broker representing such other potential 249. sellers and/or lessors before, during, and after the expiration of this Contract. 250. PREVIOUS AGENCY RELATIONSHIPS: Broker, or licensee representing Seller and/or Lessor, may have had a 251. previous agency relationship with a buyer and/or tenant of Seller's and/or Lessor's Property. Seller and/or Lessor 252. acknowledges that Broker, or licensee representing Seller and/or Lessor, is legally required to keep information 253. regarding the ultimate price and terms the buyer and/or tenant would accept and the motivation for buying and/or 254. leasing confidential, if known. 255. TERMINATION OF FIDUCIARY DUTIES: Broker's fiduciary duties,except the duty of confidentiality,terminate upon 256. the successful closing and/or lease of the Property(ies)specified in this Contract or expiration or cancellation of this 257. Contract, whichever occurs first. 258. INDEMNIFICATION:Broker will rely on the accuracy of the information Seller and/or Lessor provides to Broker.Seller 259. and/or Lessor agrees to indemnify and hold harmless Broker from and against any and all claims, liability, damage, 260. or loss arising from any misrepresentation, misstatement, omission of fact, or breach of a promise by Seller and/or 261. Lessor. Seller and/or Lessor agrees to indemnify and hold harmless Broker from any and all claims or liability related 262. to damage or loss to the Property or its contents,or any injury to persons in connection with the marketing of the Property. 263. Indemnification by Seller and/or Lessor shall not apply if the damage,loss,or injury is the result of the gross negligence 264. or willful misconduct of the Broker. MNC:LC:E-6(8/20) Minnesota Realtors® Pag3RIR85ACTiON5 i..,.I;-rlsk Ed,Vro COMMERCIAL LISTING CONTRACT: EXCLUSIVE 265. Page 7 266. Property located at 5416 Stagecoach oak Park Heights MN 55082 267. ADDITIONAL NOTICES AND TERMS: As of this date Seiler and/or Lessor has not received notices from any 268. municipality, government agency, or unit owners' association about the Property that Seller and/or Lessor has not 269. informed Broker about in writing. Seller and/or Lessor agrees to promptly inform Broker, in writing, of any notices of 270. such type that Seiler and/or Lessor receives during the term of this Contract. 271. This shall serve as Seller's and/or Lessor's written notice granting Broker permission to obtain mortgage information 272. (e.g., mortgage balance, interest rate, payoff and/or assumption figures) regarding any existing financing on the 273. Property. A copy of this document shall be as valid as the original. 274. MISCELLANEOUS: This Contract is binding upon the heirs, successors, and assigns of the parties. 275. All of the representations and covenants of this Contract shall survive and be enforceable after termination of this 276. Contract. 277. This Contract constitutes the complete agreement between the parties and supersedes any prior oral or written 278. agreements between the parties relative to the provisions herein. No amendment, modification, or extension of this 279. Contract shall be valid or binding unless made in writing and signed by both Seller and/or Lessor and Broker. 280. This Contract shall be governed by the laws of the State of Minnesota. 281. ENTIRE AGREEMENT: This Contract and all addenda and amendments signed by the parties shall constitute the 282. entire agreement between Seiler and/or Lessor and Broker. Any other written or oral communication between Seller 283. and/or Lessor and Broker, including, but not limited to, e-mails, text messages, or other electronic communications 284, are not part of this Contract.This Contract can be modified or canceled only in writing signed by Seller and/or Lessor 285. and Broker or by operation of law. All monetary sums are deemed to be United States currency for purposes of this 286. Contract. 287. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to 288. this transaction constitute valid, binding signatures. 289. CONSENT FOR COMMUNICATION: Seller and/or Lessor authorizes Broker and its representatives to contact Seller 290. and/or Lessor by mail, phone, fax, e-mail, text message or other means of communication during the term of this 291. Contract and anytime thereafter. 292. OTHER: 293. 294. 295, 296. 297. 298. 299. 300. 301. 302. 303. 304. MNC:LC:E-7(8/20) Minnesota Z Realtors"' Pagf) SACTIONS ,_i Dn AEdifla COMMERCIAL LISTING CONTRACT: EXCLUSIVE 305. Page 8 306. Property located at 5416 Stagecoach Oak Park Heights MDI 55082 307. BROKER SELLER AND/OR LESSOR 308. ACCEPTED BY: Telus Property sys & solutions ACCEPTED BY: (leaf Estate Company Name) (Business Entity or Individual Name) 309. By: By: {Licensee's Signature) (Seller's and/or Lessor's Signature) 310. Brian Zeller (Licensee's Printed Name) (Seller's and/or Lessor's Printed Name) 311. Its: (Date) (Title) 312 84 St. Croix Trail S. (Address) (gate) 313. Lakeland HN 55043 (City/State/Zip) (Address) 314 612-325-3038 (Phone) (City/State/Zip) 315 bzeller@ccim.net (E-Mail Address) (Phone) 316, (E-Mail Address) 317_ SELLER AND/OR LESSOR 318. ACCEPTED BY: (Business Entity or Individual Name) 319. By: (Seller's and/or Lessor's Signature) 320. (Seller's and/or Lessor's Printed Name) 321. Its: (Title) 322. (Date) 323. (Address) 324. (City/State/Zip) 325. (Phone) 326. (E-Mail Address) 327. THIS IS A LEGALLY BINDING CONTRACT BETWEEN SELLER AND/OR LESSOR AND BROKER. 328. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MNC:LC:E-8(8/20) Minnesota Realtors® PagVMSACTIONS WIRE FRAUILAEM, Internet fraud — the use of Internet services or software with Internet access to defraud victims — is on the rise in real estate transactions. THESE SOPHISTICATED CRIMINALS COULD: • HACK INTO YOUR E-MAIL ACCOUNT or the e-mail of others involved in your real estate transaction and may direct you to wire money to the hacker's account. • SEND FRAUDULENT E-MAILS that appear to be from your real estate licensee, lender, or closing agent. • CALL YOU claiming they have revised wiring instructions. Buyers/Tenants and Sellers/Owners are advised to: (1) Never wire funds without confirming the wiring instructions directly with the intended recipient. (2) Verify that the contact information for the wire transfer recipient is legitimate by calling a known phone number for the broker or closing agent. Do not rely on the information given to you in an e-mail communication. (3) Never send personal information through unsecured/unencrypted e-mail. If you suspect wire fraud in your transaction: (1) Immediately notify your bank, closing agent, and real estate licensee. (2) File a complaint online at the Internet Crime Complaint Center (IC3) at http://www.ic3.gov. The undersigned acknowledge receipt of this wire fraud alert and understand the importance of taking proactive measures to avoid being a victim of wire fraud in a real estate transaction. (Signature) (Date) (Signature) (Date) This form approved by the Minnesota Association of REALTORS°,which disclaims any liability arising out of use or misuse of this form. ©2018 Minnesota Association of REALTORS', Edina, MN MN-W FA(8118) Minnesota Realtors Pa�%f�ACTIDNS T PF T_�_a_n 1ion01%k Eo4,on Oak Park Heights Request for Council Action Meeting Date February 23rd, 2021 Time Required: 5 Minutes Agenda Item Title: Approve Letter to Metropolitan Council Seeking Accessibility Improvements to Bus Stops. Agenda Placement New Business Originating Department/Requestor: Carly Johnson, Council Member 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): A topic discussed at the Council goal setting was the reaching out to the MET COUNCIL/ METRO TRANSIT to seek improvements at their bus stops along the 294 Route located along Stillwater Blvd (HWY 14). Perhaps this is a minor maintenance issue that is being addressed. At the Goal setting meeting, the Council did seem amenable to this outreach and as such I worked with City Staff to develop the attached communication. I would like the Council to consider and approve this communication and for all Council Members to sign. PLEASE SEE THE ATTACHED COMMUNICATION. As this also lies within the County right of way, Commissioner Kriesel will be copied, as well as the City's MET COUNCIL Representative. Page 81 of 90 City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 March 23rd,2021 Mr. Wes Kooistra, General Manager METRO TRANSIT 560 Sixth Avenue North Minneapolis,MN 55411 RE: Bus Stop—Accessibility Dear Mr. Kooistra: We are writing regarding the 58th Street and Stillwater Blvd bus stops for Route 294—stops 7253 and 7261. Currently,while one bus stop is near a sidewalk and both have a sign and bench,the bus stops on both sides of the street are not paved,potentially presenting a concern for individuals with limited mobility. (SEE: https://www.metrotransit.Org/imay/294 -- STOPS: 7253 & 7261 —IMAGES ATTCHED) The City understands that these may not be high traffic bus stops or even stops that are regularly utilized but we would like to ensure equitable accessibility of all the bus stops in our City so that all our residents can benefit. So that you may further understand our perspective,please note that approximately 19.8%of Oak Park Heights residents have some form of disability,which is higher than the national average,of which, 13.9% have ambulatory difficulty.' We can understand these may be older stops that may be coming due for some updates however Metro Transit must ensure that its bus stops have a firm, stable surface to allow passengers to board the bus and to be in compliance with the Americans with Disabilities Act and related updates. Currently,the bus stops at 58th Street and Stillwater Blvd do not appear to meet these standards, since they do not have pavement(or other firm surface) at the stops and as a result lack an accessible connection to the off-street/street route. We ask that Metro Transit consider paving the stops and make other necessary improvements to better ensure they are accessible to our community members. And,please let us know the timeline for any such improvements. We are grateful to have bus stops in Oak Park Heights and hope to ensure they are accessible to all, so we look forward to ensuring the accessibly of these stops. Please keep us updated or if you would like to talk to us further about these concerns. Sincerely, Carly Johnson,City Council Member Mary McComber,Mayor Mike Liljegren,City Council Member Chuck Dougherty, City Council Member Mike Runk, City Council Member Oak Park Heights city,Minnesota,U.S.CENsus BuxEAu,https://data.census.gov/cedsci/profile?e=1600000US2747914(last visi age �ofi� 0 2021). cc: Francisco J.Gonzalez,Member District 12 Gary Kriesel,Commissioner Washington County i 000 . .. .... is ..,. 0 01 02mi ... ... . w, �5 While this bus stop is next to a sidewalk.the actual bus stop is still on grass.According to the Department of Justice's guidance.bus stops tnust have a firm.stable surface(pavement)to be accessible under the ADA.It is likely the responsibility of Metro Transit to ensure accessible routes and paced bus stops.so part of this evaluation would be reaching out to Metro Transit to hear their response to this. Pbotaa are from Google Maps --------------- Page 83 of 90 THIS PAGE INTENTIONALLY LEFT BLANK Page 84 of 90 Oak Park Heights Request for Council Action Meeting Date March 23rd, 2021 Time Required: 10 minutes Agenda Item Title: Consider Resolution Outlining Further City COVID-19 Responses to Aid City Residents and Businesses - Outside Seating . Agenda Placement NEW BUSINESS Originating Department/Requestor Mary McComber, Mayor Requester's Signature Action Requested Consider Resolution -RENEWING Possible City COVID-19 Responses related to outside seating. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I would like the City Council to please consider the attached resolution outlining some possible steps to aid City residents and businesses as they look to respond and react to the COVID-19 matter. This action is similar to Spring 2020. Perhaps this needs some editing and/or additions or deletions of various ideas. Staff has advised that they are not aware of any significant concerns from this application last year. Page 85 of 90 RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS OUTLINING FURTHER POLICIES AND REQUESTS RELATED TO ASSISTING IN ECONOMIC RECOVERY FOLLOWING THE COVID-19 OUTBREAK Whereas,the State of Minnesota and numerous communities have been impacted by the outbreak of COVID-19 virus forcing the slow down and,in some cases, shuttering of businesses creating significant unemployment; and, Whereas,many individuals have also been impacted by the COVID-19 outbreak with the loss of employment and critical income;and, Whereas,the State and Federal Governments have begun to implement various tools to aid in the recovery of businesses and employment;the City of Oak Park Heights may also consider responsible actions to aid effected businesses and their staff as well as its general population;and, Whereas,the City has previously approved resolutions outlining certain City responses,it has continued to evaluate its options related to any continued assistance it may be able to offer as well as explore other public- private partnerships to advance solutions to address these matters stemming from COVID-19 matter. NOW,THEREFORE,BE IT RESOLVED that the City Council for the City of Oak Park Heights enacts the following: From the date of adoption of this Resolution through September 30th 2021 in Zoning Districts of B1,B2,B3 and B4,when businesses follow best practices guidelines that are in effect for the COVID-19 matter,the City supports and will non-unreasonably cause the closure or suspension of the opening and operation of restaurants and retail sales by established firms upon on-site outside areas not otherwise already approved.Alcoholic beverages may only be served in established and approved outside seating areas that have been approved prior to the date of this Resolution or as outlined herein; all necessary pedestrian and sanitation provisions must made to accommodate safe practices for all patrons and staff and such responsibility remains with the property owner(s)to maintain and verify; and, That in addition to the permissions allowing the sale of alcoholic beverages in established outside seating areas that have been approved prior to the date of this Resolution;for temporary purposes through Sept 30th,2021 operators that hold a valid"on-site"license may also engage in on-site sales in temporary outside areas subject to: • The Submission to the City of a reasonable layout/plan to be first approved by the Owner and City prior to any operation. The plan must show any areas proposed to be used for outside sales of alcohol to be reasonably compact and contiguous to the operator's facility and not have any traffic or other apparent safety conflicts. • The Submission of documentation demonstrating that operator's insurance references and includes the planned demarcated areas. • The operator is responsible for ensuring all alcohol remains on the property and within the temporary approved allowed sales area. If alcohol sales violations occur in the temporary outdoor area or violations of alcohol leaving the approved sales area occur,or 2 violations of noise ordinance occur,the City may immediately repeal the allowance to the operator until petition by the licensee and hearing before City Council for reinstatement. This immediate withdrawal would not include the regularly licensed or previously approved areas. Be It Further Resolved,that City Staff shall actively implement these goals to the extent authorized under Minnesota law and provide the necessary communications to related offices and entities. The Resolution has been duly considered and adopted by the City Council this day of ,2021. Mary McComber,Mayor Attest,City Administrator Page 86 of 90 Oak Park Heights Request for Council Action Meeting Date March 23rd, 2021 Time Required: 3 Minutes Agenda Item Title: June 2021 City Event—5K and l OK Walk/Run Agenda Placement New Business Originating Department/�^IRequestor: Carly Johnson, Council Member Requester's Signature: Action Requested: June 2021 City Event—5K and IOK Walk/Run Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): During our goalsetting session, we discussed how COVID-19 may still be a risk into this summer and we may want to consider alternative events to Party in the Park in case we need to delay that event. One option would be to host a virtual walk/run event, where members of the community can explore our parks and trails. From Tuesday, June 1 to June 15t'', individuals may participate by walking or running the proposed routes (see attached). The routes are designed to touch as many parks as possible for their given length and to utilize our trail system. The routes may need to be adjusted to be a 5/10K,but they are also loops, so people can start and stop wherever it is most convenient to them. The loop passes City Hall and some parks, so participants can park in these locations and start where it is convenient. If they follow the route in Map My Run,they would start at City Hall (5K) or Autumn Hills Park (I OK). Participants must follow the rules of the road and no course support or traffic control will be provided. Individuals can track their results by using free cell phone apps, like Map My Run (where they can load this route),Nike Run Club,or Strava.They can also manually record their route if desired. Once they finish the route, they will notify us that they completed the route via a Google survey. It would be free to participate and open to anyone who would like to participate. Participants would not need to pre-register. After the two-week period,we would randomly select three winners from the 5K group and the l OK group. To encourage people to submit photos of the event, we could also have a prize for best photo submission. While participants can complete both the 5K and IOK and submit their results for dual entry, participants are only eligible to win one prize. Having random winners allows us to not worry about people timing themselves and would also allow it to be a walk or a run, so that families can participate. Winners would receive a$50 gift card to an Oak Park Heights business. We will promote this event via social media, running groups, and, if possible, the local newspaper (see attached flyer). If individuals share pictures of them on the route,we can then use that as promotion during the two-week period. I would like the Council to consider approving this event and designating some funds for the event. Primarily $300-$350 to buy gift cards for the six/seven winners, and $150 for promotional material (signs for the route and to advertise the event). Page 87 of 90 Oak Park Heights Get to Know the Parks 5K/10K Routes Virtual 5K and IOK routes around the Oak Park Heights Parks and Trails. They are designed to be a loop, so you can start and stop wherever you choose,whether that be at Brekke Park, City Hall, Swager Park,or your driveway. Track your run or walk on Nike Run Club, Map My Run, Strava, any app of your choice, or manually. Then, submit your response. z5K Walk/Run O 5911'i S M z d o S Stillwater Bowl S 1 &Lounge Vi, z rEr Oak Park �� a Heights City Hall n um.sem st N SW sa �� It • 5]!h$4 N hili.SI N 2 ,( II Sath St N o o � S�' nn Z 'ark 7 56th 91 N O 0 �1 LBouwe © Brekke Park historic church E 2 z https://www.mgpmyrun.com/routes/view/4092345553 zI0K Walk/Run ,o.k.1,Y: 71 {~ mP1,11 D, _ Washington County '' ase vWashington sa County License Center_ t,Government Center ` S�,Ifi S:I „4.n iiry J a .3 Cover Park s5 s spm s�N 0 Brekke Park 6Minnsora Correctional iM opn�sort.„x Valley ""Fact _Stillwater View Park STIP St N Z n4x1 53MfiN - https://www.mgpmyrun.com/routes/view/4092351826 Page 88 of 90 i et tow r s Trails Wa un June 1st-15, 2021 Self-Paced Virtual 5K and 10K Lace up your shoes and hit the trails. Complete the roughly 5K or 10K route, for your chance to win a $50 gift card to an Oak Park Heights business. Open to everyone of all ages. You do not need to be an Oak Park Heights resident to participate. Explore the Community INVITE YOUR FRIENDS TO JOIN! Pre-registration is not required. Track your results on any number of free apps, like Map My Run, Strava, Nike Run Club, or just follow the route, then submit your results. Remember to follow all rules of the road. There will be no course support or traffic control as part of this event. Be part of this event and don't forget to spread the word! To learn more about the event, email jpinski@cityofoakparkheights.com. Submit your results: https:Hforms.gle/A8GnBQbuyeEMUU3g9. The loops may be found below: 5K Route: https://www.mapmyrun.com/routes/view/4092345553 10K Pou�https://www.mapmyrun.com/routes/view/4092351826 Page 90 of 90