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HomeMy WebLinkAbout06- (3) Resolution: 0 6 -1 2- 5 5 DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY OF OAK PARK HEIGHTS WHEREAS, the President of the United States of America issued Homeland Security Presidential Directive 5 to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system; and WHEREAS, the President, in Homeland Security Presidential Directive 5, tasked the secretary of the U.S. Department of Homeland Security to develop and administer a National Incident Management System; and WHEREAS, the secretary of the U.S. Department of Homeland Security developed and administered the National Incident Management System (NIMS) to provide for interoperability and compatibility among federal, state, and local capabilities, the NIMS will include: a core set of concepts, principles, terminology, and technologies covering the incident command system; multi- agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources; and WHEREAS, Minnesota Governor Tim Pawlenty issued Executive Order 05 -02: DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE STATE OF MINNESOTA; and WHEREAS, the collective input and guidance from all federal, state, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation, and utilization of a comprehensive SIMS; and WHEREAS, it is necessary and desirable that all City agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the ability of the City to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of the NIMS are already an integral part of various incident management activities throughout the City, including current emergency management training programs; and WHEREAS, the National Commission on Terrorist Attacks (9 -11 Commission) recommended adoption of a standardized Incident Command System; and NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Oak Park Heights does hereby establish. the National Incident Management System (NIMS) as the City standard for incident management. Adopted by the City Council this day of December 2006 7 d Mayor David Beaudet •ttest 1/ Er 'J.: nson, City Administrator RESOLUTION 06 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM VALLEY SENIOR SERVICES ALLIANCE RECOGNIZING THE HAASE FAMILY AND DIRECTING THE FUNDS TO BE UTILIZED FOR THE CONSTRUCTION OF THE AUTUMN HILLS PARK SHELTER AND RELATED AMENITIES Whereas, In recognition of the Haase Family, Valley Senior Services Alliance wishes to donate twenty five thousand dollars to the City of Oak Park Heights to assist in the construction of the Autumn Hills Park Shelter; and, Whereas, the City of Oak Park Heights is grateful for Valley Senior Services Alliance for their donation and continued concern for the entire Oak Park Heights community. Now, therefore, be it resolved by the City Council of the City of Oak Park Heights that the City shall accept the donation of $25,000 from Valley Senior Services Alliance, in recognition of the Haase Family, and that City is authorized to expend such funds for the purposes of the development of the new Autumn Hills Park Shelter and its related amenities. Passed by the City Council for the City of Oak Park Heights this 12"' day of December, 2006. ASO eAc: 4 OW .e-e 12--t David Beaudet, Mayor e Eric Jo i r City Administrator RESOLUTION 06 -12 -57 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNNESOTA A RESOLUTION DIRECTING AND AUTHORIZING WASHINGTON COUNTY TO RENAME NOVAK AVE. NORTH AS DEPICTED IN THE PLAT OF HAASE ADDITION TO NORWICH AVE. N. Whereas, the HAASE ADDITION plat has a street shown as NOVAK AVENUE, being otherwise located in the City of Oak Park Heights; and, Whereas, Novak Ave. N. is located south of 60 Street North, and extends southerly approximately 650 feet where it terminated in the Plat of HAASE ADDITION. Whereas, NOVAK AVENUE has been inadvertently labeled Norwich Ave. N. on several documents filed with the City, Washington County and persons and businesses have relied on the errant designation as NORWICH AVENUE in preparing their advertising, addressing, corporate designations etc.; and, Whereas, the City of Oak Park Heights has relied on various maps and documents for building permit issuance and other development activities; and, Whereas, building permits and other development documents have already been prepared and issued utilizing the Norwich Ave. N. name; and, Whereas, no apparent damage or loss will be done by renaming the Street to NORWICH AVENUE from NOVAK AVENUE for public purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby directs and authorizes that the County amend the official name of Novak Ave. N. as stated in the HAASE ADDITION plat to Norwich Ave. N. Passed by the City Council for the City of Oak Park Heights this/ day of Moves bete 2006. By er of th- ouncil i PAT' 1*__ David Beaudet, Mayor i Johnson Administrator 1173394 1173394 Additional Certificate #:'s 62466 62467 62473 Office of the Registrar of Titles Washington County, MN Certified fled and -or recorded on: 12/22/2006 3:23 PM 1173394 Certificate #'s: E Doc:RES 56337 iy"`+++ Fee $126.00 I 62000 Registrar of Titles: Return to: Kevin J Corbid CITY OF OAK PARK HEIGHTS 14168 N 57TH ST OAK PARK HEIGHTS MN 55082 Resolution Return: City of Oak Park Heights $46.00 14168 Oak Park Blvd. N PO Box 2007 Oak Park Heights MN 55082 -2007 4110 r 1 RESOLUTION 06-1 2- 5 7 CITY OF OAK PARK :HEIGHTS WASHINGTON COUNTY MINNNESOTA A RESOLUTION DIRECTING AND AUTHORIZING WASHINGTON COUNTY, TO RENAME NOVAK AVE. NORTH AS DEPICTED IN THE PLAT OF HAASE ADDITION TO NORWICH AVE. N Whereas the'NAASE ADDITION plat has a` street shown as NOVAK AVENUE, being otherwise located in the City of Oak Park Heights; and, Whereas, Novak. Ave N is located south of 60 Street. North, and extends southerly approximately 650 feet where it terminated in the Plat of HAASE ADDITION. Whereas, NOVAK AVENUE has been inadvertently labeled Norwich Ave. N. on several documents filed with the City, Washington County and persons and businesses have relied on the errant designation as NORWICH-AVENUE in preparing their advertising, ing, addressing, corporate. designations etc.; and, Whereas, the City of Oak Park Heights has relied on various maps and documents for building permit issuance and other development activities; and, Whereas, building permits and other development documents have already been prepared Ank and issued utilizing the Norwich Ave. N. name,. and; Whereas, no apparent damage or loss will he be done by renaming the Street to NORWICH AVENUE from NOVAK AVENUE for public purposes. NOW, THEREFORE, BE IT RE that the City Council for the City of Oak Park Heights hereby directs and authorizes that the County amend the official name of Novak Ave. N. as stated in the HAASE ADDITION plat to'Norwich Ave. N. Passed by the City Council for the City of Oak Park Heights this/y day of Nove ber 2006. By' t4C r of ouncil� Dav Eeaudet, Mayor Hereby certified to be a t rue and correct co n John s on Py of Ci Administrator the original document_ pr 0 RESOLUTION NO. 2006- 1 2 58 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ANNEXING BY ORDINANCE CERTAIN LANDS INTO THE CITY OF OAK PARK HEIGHTS PURSUANT TO MINNESOTA STATUTE 414.033 Subd. 2 WHEREAS, the City of Oak Park Heights has been approached by Timothy Nolde, the President of Anchobaypro, Inc., requesting annexation of certain property owned by Mr. Nolde at 5762 Oakgreen Avenue North, the same being Property I.D. No. 0502920110024, being further identified in annexed Exhibit "A" and incorporated by reference herein; and, WHEREAS, the property is presently in Baytown Township; and, WHEREAS, Anchobaypro, Inc., is the fee owner of the property, desires development of the parcel in conjunction with adjoining lands currently being developed; and, WHEREAS, the City of Oak Park Heights is presently providing and capable of providing services for municipal utilities, police, fire and related facilities and utilities and none are currently being provided by Baytown Township. NOW THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the City Attorney and the City Administrator herewith authorize and direct to implement procedures specified under Minnesota Statute §414.033, Subd. 2 for the annexation of the subject lands by way of ordinance. 7 Passed by the City Council for the City of Oak Park Heights this 1.y of i t L September, 2006. David Beaudet, Mayor ATT Eric Ji son 0 City /administrator EXHIBIT "A" All that part of the Northeast Quarter of the Northeast Quarter (NE i of NE 1 4) of Section Five (5), Township Twenty -nine (29), Range Twenty (20) described as follows: Beginning at a point on the South line of said Northeast Quarter of Northeast Quarter (NE of NE i) Three hundred eighty -five (385) feet West of the Southeast corner thereof; thence North on a line parallel with the East line thereof Eighty (80) feet to a point; thence East on a line parallel to the South line thereof Two hundred twenty -five (225) feet to a point; thence South on a line parallel with the East line thereof Eighty (80) feet to the South line thereof; thence West on the South line thereof Two hundred twenty -five (225) feet to the point of beginning; together with an easement over the North Thirty (30) feet of the South One hundred ten (110) feet of the East 385 feet of the said Northeast Quarter of the Northeast Quarter (NE 14 of NE for ingress and egress, County of Washington and State of Minnesota. 1111 OAKGREEN VILLAGE I Fish, Freeman, Erickson, Inc. I AND PI ANN,. SLAYVF)1,10 FI,GINFFRING VICINITY MAP SEC 5, 729N, R2OW STATE ,..IVVY .3e. Mk' 111 EA SP:VENT DETAIL r 7 y 587N STREET NORRI i .0 C N °:fT.P.'...7.,' L'="ZIstrnl I i i."11 as. STREIT NORTH I INSGR.ED 'FREIMAN RLS 16911, UNLESS SHOWN 07XERIM R 4 414 E W ..,7_, S Vr,LI'ZT4,<ZA "417,1: Q) a I 1 1 i L I NOT 10 SCALE SEE SHEET 3 FOR DETAILS OF OUTLOTS D, E, F AND G DRIENTA7. Or DRS BEARING SYSTEM IS THE LAST ...I Snur TOMNSHIP NOR71.1 RANGE 20 WEST WASHINGTON COUN,,,NNESOTA mki. OEMS T 27 TE /PAPA 3:3 0 SO 100 200 SLR! II FM _t-70;!: 1 F 1 ei NilEr5j'06"7/ ii 388.29 OUTLOT A OUTLOT B 4 serseNes _L 1 2,..,,, .---..:.,.'2,--_,7-c--. 1 -L a f........ sera4 i I la• a Ii I 1 1 4: 1 1 1. `i .1.-- 1 41 .1 k,:°i 0 's' Z'. T 0: A T,;°a■Vt*I f'`;&,,p' ±2j- 4 /7, "3 0 t SAr28'577 1 1 03. S 4 3101 e I c dtat 1% 1 i 1 r 1 -V- At Saraa577 I' 6 6 11 ri 1 1°. Sar28'67'11 r 1 2-- '1 l 1 1 6 :I ,_OUTL04' y,, •,v- 4. p i t OUTLOT D Sa OCIAIS LIM j 01 "3 !,.1 ti 6! 989 'It A OUTLOT C 3 150.00 t, 0o ..4 g S89 2 a' `',3 7 0 I k 0 0- 7 989'2817'Z A 14 N CX C 0 I VII 12 3 5 6 7 a iiiiri t /////0;70 i r Li _L 1 ,.Z 4 S89 11 7, 7 A OUTLOT H 7 2 al dir 167.00 a H 0 I OUTLOT G s88743e4 PaN .0% 170.98 'Z 110 b :3 I I ,i i a f 1 EETH STREET N8le2e55'w ..,:i ST:RTH e fi:TH`EFF,UT TT,S3S70; 70.97 .^,:a LI 1 2 Patr..21:::::rrls:, 1 IIi"■'a 4 21 g I v ,Ialrs"."1Zr gl 118976 SSIV 1. I, 1 i 1-......„-,....- W "T1 1 .77;Z: 54 3 RESOLUTION 06 -12 -59 RESOLUTION CHANGING THE CITY'S MILEAGE REIMBURSEMENT POLICY WHEREAS, the City mileage reimbursement policy was $0.44.5 per mile in 2006; and, WHEREAS, Treasury regulations require that mileage reimbursement over $0.48.5 per mile to be treated as taxable wages. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights, Washington County, Minnesota as follows: That the City's mileage reimbursement policy shall be increased to $0.48.5 per mile as of January 1, 2007 in accordance with Federal Treasury requirements. Passed by the City Council for the City of Oak Park Heights on this 28th day of December, 2006. CIT OF OA ARK HEIG TS 0,11 David Beaudet Mayor ri /A. Jo' son Ci Administrator i RESOLUTION NO. 06 -12 -60 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 GOODWILL INDUSTRIES FOR A CONDITIONAL USE PERMIT, PRELIMINARY AND FINAL PLAT AND SITE AND BUILDING PLANS FOR THE CONSTRUCTION OF A 20,600 SQUARE FOOT RETAIL FACILITY WITH A DRIVE UP DONATION CENTER ON PROPERTY KNOWN AS OUTLOT A OF OAKGREEN VILLAGE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Goodwill Industries for a conditional use permit, preliminary and final plat and site and building plans for the construction of a 20,600 square foot retail facility with a drive up donation center on property known as Outlot A of Oakgreen Village; 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 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 proposed site is 2.47 acres and zoned B -4, Limited Business District; and 4. Drive through facilities require a conditional use permit in the B -4 District; a preliminary /final plat will be required as well as a vacation of Nova Scotia Court North; and 410 5. City staff prepared a planning report dated October 25, 2006 reviewing the request; and 6. The planning report dated October 25, 2006 recommended that the requests be approved with conditions; and 1 7. The Planning Commission held a public hearing at their November 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 Goodwill Industries for a conditional use permit, preliminary and final plat and site and building plans for the construction of a 20,600 square foot retail facility with a drive up donation center on property known as Outlot A of Oakgreen Village 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. Approval of the conditional use permit, preliminary and final plat and site and building S plans is subject to the applicant filing the final plat for Oakgreen Village. 2. The landscape plan shall be revised to provide additional planting along the north and east property lines to include spruce trees of 8 to 10 feet. The plan shall also be revised to provide screening plantings on the south property line. The revised plan shall be subject to review and approval of the City Arborist. 3. The lighting plan shall be revised to remove the parking lot light in the northeast and northwest corners of the site. The parking lot light in the northwest corner shall be lowered to a total height not to exceed 18 feet. All lighting fixtures shall comply with the Zoning Ordinance requirements of full cut off and fixture height. 4. Site lighting shall be dimmed or shut off one hour after store closing. Minimum lighting for site safety or security shall be maintained. 5. The City Council approves the building design and materials based upon the sample materials presented at the November 28, 2006 meeting. 6. Signage posting the hours of operation shall be placed at the entrance to the donation building, as well as language to deter after hours drop offs. 7. Delivery, unloading and drop offs shall be limited to 9:00 AM to 8:00 PM, Monday through Friday, 9:00 AM to 5:00 PM on Saturday and 11:00 AM to 5:00 PM on Sunday. Utilization of audible back up moving devices shall not be used on site if a reasonable OSHA approved alternative exists. 2 8. Snow shall be stored in the northwest corner of the site according to a plan to be approved by City staff. 9. The applicant shall provide detailed plans of the trash compactor and recycling area for the site. If the compactor is to be placed outdoors, a plan for screening and specifications on noise generation shall be approved by the City Council. Solid waste and recycling pickup shall be limited to the same hours as specified in condition 7 of this approval. 10. All grading, drainage and utility plans are subject to review and approval by the City Engineer. 11. All signage shall require a sign permit and shall be compliant with the Zoning Ordinance and Design Guidelines requirements. Approved by the City Council of the City of Oak Park Heights this 28 day of December 2006. 9 David Beaudet, Mayor AT ST• ric A. J.hnson, City Administrator 3 1 0 Attachment A Washington County GEO Code: Part of 05- 029 -20 -11 -0040 Legal Description: Part of Unrecorded Oakgreen Village Plat Within Area current known as Tract A RLS #114 Physical Address: Unassigned II IP ATTACHMENT B Conditional Use Permit, Preliminary Final Plat Review Goodwill Industries Application Materials Application Form Fees Plan Sets (3 Large Scale Sets /20 11X17 Sets) Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington County (3507150' from subject property) Meeting With City Staff Upon Application Submittal: October 25, 2006 Planning Commission Public Hearing Recommendation: November 9, 2006 Required Approvals: CUP City Council 4/5 Conditional Use Permit Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not Tess than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) AP r RESOLUTION NO. 0 6 -1 2 61 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 STILLWATER MOTOR COMPANY FOR AN INTERIM USE PERMIT TO ALLOW FOR INSTALLATION OF FIVE FLAGS ON POLES AT 5900 STILLWATER BOULEVARD NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Stillwater Motors Company for an interim use permit to allow for installation of five flags on poles at 5900 Stillwater Boulevard North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of 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 subject property is zoned B -3, Highway Business and Warehousing District. The vehicle dealership and outdoor sales lot is a conditional use permit within the B -3 District; and 4. Section 401.15.G.5.n of the Zoning Ordinance allows the display of more than three flags outside of a building only by interim use permit; and 5. The applicant has requested the display of five flags on poles at the front of the dealership building; and Ill 6. City staff reviewed the request in a planning report dated December 7, 2006 and recommended the interim use permit be approved with conditions; and l 0 7. The Planning Commission held a public hearing at their December 14, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 Stillwater Motors Company for an interim use permit to allow for installation of five flags on poles at 5900 Stillwater Boulevard North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The City Council approves the placement of the flag poles more than 20 feet apart. 2. The flags should be displayed in accordance with the U.S. Flag Code, Minnesota Statutes, or Executive Order. 0 3. The interim use shall be in effect for 10 years from the date of approval by the City Council. An extension may be requested from the City Council. 4. All temporary /special event signage on site shall be displayed in accordance with Section 401.15.G.8 of the Oak Park Heights Zoning Ordinance. Approved by the City Council of the City of Oak Park Heights this 28 day of December 2006. n 011", David Beaudet, Mayor A E T: j A. •hnson, City Administrator le 2 0 Attachment A Washington County GEO Code: 06.029.20.12.0004 0014 Legal Description: Lot 1, Block 1, Kern Center Physical Address: 5900 Stillwater Blvd. N. ATTACHMENT B Conditional Use Interim Permit (Flags Poles) Stillwater Motors 5900 Stillwater Blvd. N. Application Materials Application Form Fees Plan Sets Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington County (500' from subject property) Proof of Ownership or Authorization to Proceed Property Tax Statement(s) /Legal Description(s) Planning Commission Public Hearing Recommendation: December 14, 2006 Required Approvals: 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) RESOLUTION NO. 06-12-62 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 WATE ENTERPRISES FOR A PLANNED UNIT DEVELOPMENT, CONCEPT AND GENERAL PLAN REVIEW, SITE PLAN REVIEW AND MINOR SUBDIVISION FOR THE CONSTRUCTION OF TWO OFFICE WAREHOUSING BUILDINGS AND ONE COLD STORAGE BUILDING WITHIN THE OFFICE WAREHOUSING CAMPUS LOCATED AT 5570 AND 5580 MEMORIAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from WATE Enterprises for a planned unit development, concept and general plan review, site plan review and minor subdivision for the construction of two office warehouse buildings and one cold storage building within the office warehouse campus located at 5570 and 5580 Memorial Avenue 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 Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B -3, Highway Business and Warehousing District. The PUD allows for shared parking arrangements and for buildings that will not have direct frontage to a public street; and 4. City staff prepared a planning report dated December 6, 2006 reviewing 411 the PUD, site plan review and minor subdivision; and 5. City staff recommends in the December 6, 2006 planning report that the request be approved with conditions; and 6. The Planning Commission held a public hearing at their December 14, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 WATE Enterprises for a planned unit development, concept and general plan review, site plan review and minor subdivision for the construction of two office warehouse buildings and one cold storage building within the office warehouse campus located at 5570 and 5580 Memorial Avenue 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. The grading, drainage and utility plans are subject to the review and approval of the City Engineer. 2. The proposed signage for the site shall be consistent with Section 401.15.G of the Zoning Ordinance. The sign face shall include a dark background with lighter colored lettering. A sign permit shall be obtained prior to the erection of any signs on the subject site. 3. Landscaping plans shall be subject to the review and approval of the City Arborist. 4. All lighting fixtures shall be full cut off and be consistent with the lighting requirements found in Section 401.15.B.7 of the Zoning Ordinance. The lighting fixtures shall not exceed a height of 25 feet. 5. The awnings on the building will be constructed of a durable canvas material to match what is used on buildings within the WATE development. 6. The grading and drainage plans shall be subject to review of the Browns Creek Watershed District. 7. A revised development agreement, if necessary, shall be subject to review and approval of the City Attorney. Cross easements shall be required for the joint access driveway and shared utilities subject to the approval of the City Attorney. Approved by the City Council of the City of Oak Park Heights this 28 day of December 2006. iV David Beaudet, Mayor 2 ATTEST: o r nson, City Administrator 3 Attachment A Washington County GEO Code: 06.029.20.24.0009 Legal Description: Lot 3, Block 3, Kern Center 2nd Addition III ATTACHMENT B 411 F k Planned Unit Development (PUD): Concept General Plan and Minor Subdivision WATE ENTERPRISES INC (Winnpark V) Application Materials Application Form Fees Plan Sets (3 Large Scale Sets /20 11X17 Sets) Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington County (500' from subject property) Proof of Ownership or Authorization to Proceed Property Tax Statement(s) /Legal Description(s) Planning Commission and Public Hearing Recommendation: December 14, 2006 Required Approvals: PUD: Concept PUD: General City Council 4/5 4/5 PUD: General Concept Limitation on General Concept Plan Approval: 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) 4 RESOLUTION NO. 06-12-63 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 DAVID KOTT FOR CONDITIONAL USE PERMITS TO ALLOW CONSTRUCTION OF A 220 SQUARE FOOT ADDITION ONTO AN ATTACHED GARAGE AT 15118 64 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David Kott for conditional use permits to allow construction of a 220 square foot addition onto an attached garage at 15118 64 Street 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 makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as 410 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 -1, Low and Medium Density Residential District; and 4. Three conditional use permits are necessary to allow this garage addition: a. To exceed the total square footage requirement (1,000 square feet) for attached and detached accessory building. b. To reduce the front yard setback requirement of 30 feet from the south property line (64 Street). c. To reduce the front yard setback requirement of 30 feet form the east property line (Paris Avenue). 5. The proposed total area of all attached and detached garage space would be 1,469 square feet under this proposal. The garage addition would be set back 22.5 feet from 64 Street and 18 feet from Paris Avenue; and 6. City staff prepared a planning report dated December 6, 2006 reviewing the conditional use permit requirements; and 7. City staff recommends in the December 6, 2006 planning report that the request be approved with conditions; and 8. The Planning Commission held a public hearing at their December 14, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 David Kott for conditional use permits to allow construction of a 220 square foot addition onto an attached garage at 15118 64 Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The addition shall be constructed according to the plans submitted. 2. A building permit shall be obtained before construction begins. Approved by the City Council of the City of Oak Park Heights this 28 day of December 2006. l 0 01 f David Beaudet, Mayor 4 jrc f Jo City Administrator 1 2 Attachment A Washington County GEO Code: 34.030.20.32.0035 Legal Description: Part of Lots 28, 29 30, except the North 33.10 feet of Block 2, McKenty's Addition to Stillwater ATTACHMENT B Conditional Use Permit Garage Addition Application Materials Application Form Fees Plan Sets (3 Large Scale Sets /20 11X17 Sets) Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington County (350'/150' from subject property) Proof of Ownership or Authorization to Proceed Property Tax Statement(s) /Legal Description(s) 110 Planning Commission Public Hearing Recommendation: December 14, 2006 Required Approvals: CUP City Council 4/5 Conditional Use Permit Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) RESOLUTION NO. 06 -12 -64 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING WATER USAGE RATES WITHIN THE CITY OF OAK PARK HEIGHTS EFFECTIVE JANUARY 1, 2007 WHEREAS, the City of Oak Park Heights by resolution and ordinance regulates water and sewer usage rates within the City for all users; and, WHEREAS, a rate study has been conducted and completed by the Deputy Clerk /Finance Director recommending water rate increases to accommodate the cost for administrating, managing, and providing municipal water services to the citizens of the City of Oak Park Heights and all properties connected thereto; and, WHEREAS, current demands upon the municipal water systems of the city necessitate the future construction of additional infrastructure that must be paid for by users of the system; and, WHEREAS, the City Council has reviewed said rate increases and determined the same to be fair and equitable. WHEREAS, the city ordinances provide for the implementation of rate increases by resolution. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: That effective January 1, 2007, the City of Oak Park Heights shall establish a municipal water rate for all users as follows: a. A quarterly rate of $3.27 for administrative fees, $1.68 for state water connection, and $1.21 per 1,000 gallons used for the first 15,000 gallons, with a per quarter minimum charge of $23.10. b. A rate of $1.47 per 1,000 gallons for water use above 15,000 gallons up to 50,000 gallons. c. A rate of $2.02 per 1,000 gallons for water use above 50,000 gallons up to 99,000 gallons. d. A rate of $2.43 per 1,000 gallons for water use above 99,000 gallons. Passed by the City Council for the City of Oak Park Heights this 28th day of December, 2006. ar D7 Beau"det, Mayor ATT'ST E 'ic Johnson Admi strator RESOLUTION NO.. 0 6 -1 2- 6 5 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS AS CONVEYED TO THE CITY OF OAK PARK HEIGHTS IN DOCUMENT NO. 3104763 AS RECORDED OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR WASHINGTON COUNTY, MINNESOTA AFFECTING THE PLAT OF OAKGREEN VILLAGE WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the City Council for the City of Oak Park Heights has previously approved the development of Oak Green Village and the Developer has provided and signed Development Agreement relative to same, posting securities as required under City ordinance and policy; and, WHEREAS, there are certain drainage and utility easements existing within the area to be occupied by the plat of Oakgreen Village that have already been conveyed to the City of Oak Park Heights which conflict with the drainage and utility easement areas needed by the City and which will be conveyed to the City as part of the platting of the area to be known as Oakgreen Village; and, WHEREAS, public hearing has been conducted in this matter and no public comment has been offered; and, WHEREAS, the City Engineer recommends that the vacation of the identified drainage and utility easements be granted and that the drainage and utility easements be rededicated to the City as part of the plat of Oakgreen Village. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: 1. That those drainage and utility easements conveyed to the City of Oak Park Heights within Document No. 3104763 as are identified in Exhibit "A" incorporated by reference herein be and the same are hereby vacated. 2. That this action is contingent upon Developer providing to the City within the revised plat for Oakgreen Village rededication to the City of Oak Park Heights of drainage and utility easements in manner required by the City Engineer for the location of storm water drainage and otherwise be compliant with the storm water policies of the City of Oak Park Heights. 02/02/2007 11:50 ECKBERG LAW 94390574 N0.005 D005 PROPOSED VACATION DESCRIPTION (Illustrated on Exhibit A) Description to vacate part of the perpetual easement for drainage and utility purposes (described in Document 3104763) over, under and across the following described property: The east 360 feet of the west 910 feet of the north one -half of the Southeast Quarter of the Northeast Quarter (N1/2 of SE1 /4 of NE1 /4) of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, lying 10 feet northerly of the northerly right of way of 58 Street North, and within part of Outlot D, OAK PARK COMMONS, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. PROPOSED VACATION DESCRIPTION (Illustrated on Exhibit B) Description to vacate a part of the 10 foot wide perpetual easement for drainage and utility purposes (described in Document 3104763) over, under and across the following described property: That part of said perpetual easement lying northerly of and adjoining 58 Street North, and within part of Outlot D, OAK PARK COMMONS, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota; and lying easterly of a line described as commencing at the southwest corner of said Outlet D; thence N89°44' 15 "E 70.97 feet; thence northeasterly 87.72 feet along a tangential curve concave to the northwest having a radius of 470.00 feet and a central angle of 10 °41'35" to the point of beginning of the line to be described: thence N 13°37'42"W 38.18 feet and said line there terminating. and lying westerly of a line described as commencing at the southwest corner of said Outlot D; thence N89 °44' 15 "E 70.97 fee thence northeasterly 332.04 feet along a tangential curve concave-to the northwest having a radius of 470.00 feet and a central angle of 40°28'42" to a point of reverse curvature; thence northeasterly 157.40 feet along said reverse curve concave to the south having a radius of 550.00 feet and a central angle of to the point of beginning of the line to be described: thence N00° 13' 12 "W 102.11 feet and said line there terminating. November 30, 2006 Folz, Freeman, Erickson, Inc. 02/P2/2007 11:50 ECKBERG LAW 94390574 NO.005 D006 1.,), Lir 4 8,x.5.4 :is, 4` r I' yy� w d: r, (:)1,, Iftlit. le* V i ;1vr �tatir r,- 'T 43; A` y �7 Q o �I r z e. y/� 1- i 4 N. i e{ NNW* i I. 4 i 4.) .Nt07t?n. mom -st ,1.1 Q3 1.54 Q cp ^tyr t '.fT s g t 4 .....e.r ,P., a 170.56 1 Page 31.Of79 RESOLUTION NO. 2006-1 2 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING NOVA SCOTIA AVENUE COURT NORTH AS CONTAINED WITHIN THE PLAT OF OAKGREEN VILLAGE AS LOCATED IN CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA WHEREAS, the City Council for the City of Oak Park Heights has received a request from the Developer and Owner requesting the vacation of a public street dedicated to the city within the plat of OAKGREEN VILLAGE; and WHEREAS, The City of Oak Park Heights finds that the request is consistent with the City policies and that the City has no need for a public street at that location. WHEREAS, there will be no loss of revenue for the City in allowing this request as the land shall be put to private roadway use WHEREAS, that insofar as the land shall be put to private development and use it is unlikely that the area now sought for vacation would ever be utilized for purposes of locating a public road; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That the City Council for the City of Oak Park Heights does hereby vacate the following lands: "All of Nova Scotia Avenue Court North, lying easterly of the east right of way line of Nova Scotia Avenue North, as shown and dedicated on OAKGREEN VILLAGE, according to the recorded plat thereof, Washington County, Minnesota" BE IT FURTHER RESOLVED, that the City Administrator shall prepare a notice of completion of these proceedings, which shall contain the name of the City, the identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and the land affected thereby. Such notice shall be presented to the County Auditor Treasurer who shall enter the same in his transfer records and note upon the instrument over his official signature the words "entered in the transfer records." The notice shall then be filed with the County Recorder, all as required by Minn. Stat. §412.851. Passed by the City Council for the City of Oak Park Heights this 28th day of 111 December, 2006. 11 David Beaudet, ayor ST: nc Jo City Administrator RESOLUTION NO. 0 6- 0 4- 6 7 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 XCEL ENERGY FOR AN AMENDED CONDITIONAL USE PERMIT TO ALLOW MODIFICATION TO THE APPROVALS FOR THE A.S. KING PLANT ASH DISPOSAL FACILITY BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Xcel Energy for an amended conditional use permit to allow modification to the approvals for the A.S. King Plant ash disposal facility; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: II! 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 subject property is zoned I, Industrial. The ash disposal site is a permitted use and the conditional use permit granted in 1996 adopted the fmal cell development plan that included mining and land reclamation; and 4. Any changes to the conditional use permit granted in 1996 require an amended conditional use permit. Xcel has requested a change to the conditional use permit to allow a new plan for grading on the east edge of the site and the post closure access roadway that will connect to the existing cul -de -sac at 58 Street; and 5. City staff prepared a planning report dated April 6, 2006 reviewing the request for the conditional use permit; and 6. The April 6, 2006 planning report recommended approval of the conditional use permit subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their April 13, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 Xcel Energy for an amended conditional use permit to allow modification to the approvals for the A.S. King Plant ash disposal facility 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 subject to the following conditions: 1. All ash hauling to the site shall continue to be from the Beech Road access. No access for fill operations shall be from the 58 Street access. Access to 58 Street shall be not be allowed until such time as the access from Beech Road is discontinued. Emergency vehicle access shall be provided in the long term from 58 Street. 2. Xcel shall replant and maintain trees, according to a plan approved by the City Arborist, to satisfy the City's tree replant requirements. 3. The City Council shall consider a payment in lieu of taxes for the landfill site. The fee amount and terms shall be determined by the City Council. 4. The plans shall be subject to review and approval of the City Engineer. 5. The location of the gate and fencing for the post closure access road shall be subject to City approval. Approved by the City Council of the City of Oak P. eights this 25 day of April 2006. r E Sd. i avid Beaude7 'ayor ohnson, City Administrator 2 Attachment A Washington County GEO Code: 03.029.20.22.000 Legal Description: NW1 /4 -NW1 /4 032920 EAST OF RR SUBJ TO EAS E Washington County GEO Code: 03.029.20.22.000 Legal Description: ALL THAT PAK T ARK ADD N OF RE CORD IN ADD &PTOFO OFFICE REG DEEDS DESC A ATTACHMENT B 41W Conditional Use Permit AT Xcel Energy A.S. King Plant Ash Disposal Facility Application Materials Application Form Fees Plan Sets (3 Large Scale Sets /20 11X17 Sets) Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington County (350'/150' from subject property) Proof of Ownership or Authorization to Proceed Property Tax Statement(s) /Legal Description(s) Planning Commission Public Hearing Recommendation: April 13, 2006 Required Approvals: CUP Variance City Council 4/5 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) 11