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HomeMy WebLinkAbout2004 Resolutions CITY OF OAK PARK HEIGHTS RESOLUTION 04 -01 -01 • A RESOLUTION APPROVING APPOINTMENTS FOR THE CITY OF OAK PARK HEIGHTS IN 2004 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following for 2004: Deputy Mayor (Mayor Pro -tem): Jack Doerr Civil Defense Director: Lindy Swanson Deputy Civil Defense Director: Mark Swenson Parks Commission Liaison: Les Abrahamson Parks Commission Liaison Alternate: David Beaudet Planning Commission Liaison: Mary McComber Planning Commission Liaison Alternate: Jack Doerr Cable Commission - Council: Jack Doerr Cable Commission — Council Alternate: Mark Swenson Cable Commission — Citizen: taking applications Middle St. Croix WMO: David Beaudet Middle St. Croix WMO Alternate: Les Abrahamson Joint Cooperation Committee: David Beaudet Les Abrahamson Jack Doerr Mary McComber • Mark Swenson Chamber of Commerce: David Beaudet Assistant Weed Inspector: Rolland Staberg Coalition of Utilities Cities: David Beaudet Coalition of Utilities Cities Alternates: Mary McComber Jack Doerr Data Compliance: Judy Holst Nuisance Mediation Committee: David Beaudet Lindy Swanson Nuisance Mediation Committee Resident Liaison: Scott Bol Lower St. Croix River/ Boundary Area Planning: David Beaudet Passed by the City Council of Oak Park Heights this 13th day y 2004. David Beaudet, ayor X TES hnson, ity Administrator • CITY OF OAK PARK HEIGHTS RESOLUTION 04 -01 -02 A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS FOR THE CITY OF OAK PARK HEIGHTS IN 2004 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following consultants for 2004: City Engineer: Bonestroo, Rosene, Anderlik and Associates City Auditor: Tautges, Redpath, Inc. City Planner: Northwest Associated Consultants City Attorney: Eckberg, Lammers, Briggs, Wolff & Vierling City Arborist: Plant Health Associates Passed by the City Council of Oak Park Heights is 1 o ary, 2004. 4 _ 'Af� id Beau t, JA.J ity Adminis trator • CITY OF OAK PARK HEIGHTS RESOLUTION 04 -01 -03 A RESOLUTION DESGNATING THE COURIER NEWS AS THE CITY OF OAK PARK HEIGHTS OFFICAL NEWSPAPER FOR NON -TIME SENSITIVE PUBLICATIONS WHEREAS, the City of Oak Park Heights has determined the need to designate two newspapers as the official newspaper of the City for 2004 due to time sensitive publications. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights designates the Courier News as the official newspaper for publication of non -time sensitive items for 2004. Passed by the City Council of Oak Park Height h' 3t ay of January, 2 au et, Mayor • f son, City Administrator • • CITY OF OAK PARK HEIGHTS RESOLUTION 04 -01 -04 A RESOLUTION DESIGNATING THE STILLWATER GAZETTE AS THE CITY OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER FOR TIME SENSITIVE MATERIALS WHEREAS, the City of Oak Park Heights has determined the need to designate two newspapers as official newspapers for the City for 2004 due to time sensitive publications; and WHEREAS, for time sensitive publications, the Stillwater Gazette will be the paper used by the City. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights designates the Stillwater Gazette as the official newspaper to handle time sensitive publications for 2004. Passed by the City Council of Oak Park Height th' o anuary, 20 4. David Beaudet, Mayor A ES ric John n, ity Administrator • CITY OF OAK PARK HEIGHTS RESOLUTION 04 -01 -05 A RESOLUTION DESIGNATING 2004 CHECKING & BANK DEPOSITORIES Central Bank — Checking and Investments Lake Elmo Bank — Investments First State Bank and Trust — Investments US Bank — Investments Jennings State Bank — Investments Eagle Valley Bank - Investments Wells Fargo Bank — Investments League of Minnesota Cities 4M Fund — Investments Salomon Smith Barney — Investments Edward Jones — Investments Northland Securities — Investments Passed by the City Council of Oak Park Heights his f uary, 2004. • David Beaudet, or ®riA. hnso n dministrator s • RESOLUTION 04 -01 -06 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE APPLICATION FOR RENEWAL OF VFW POST 323 GAMBLING CONTROL BOARD PREMISES PERMIT FOR OPERATION OF GAMBLING ACTIVITIES WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the VFW Post 323, has applied with the State of Minnesota Gambling Control Board for a Premises Permit Renewal to continue to operate a gambling activity at the site of VFW Post 323, 5880 Omaha Avenue North, within the City of Oak Park Heights; and WHEREAS, The City of Oak Park Heights has reviewed the application of the VFW Post 323 and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the renewal application for the premises permit as applied for by VFW Post 323 with the State of Minnesota Gambling • Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of VFW Post 323 with the State of Minnesota Gambling Control Board to operate gambling activities on the site of the VFW Post 323 located at 5880 Omaha Avenue North within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 13th day of January, 2004. David Beaudet TES - Mayor ric A. Jo�nson City Administrator • • RESOLUTION NO. 04 -01 -07 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL BY THE CITY COUNCIL THAT THE REQUEST BY MENARDS FOR A REZONING, PRELIMINARY /FINAL PLAT, CONDITIONAL USE PERMIT AND VARIANCE FOR THEIR PROPERTY LOCATED AT THE CORNER OF 58 STREET NORTH AND KRUEGER LANE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Menards for rezoning, preliminary /final plat, conditional use permit and variance for their property located at the corner of 58 Street North and Krueger Lane; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the applications be approved with conditions. The City Council of the City 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. Menards has proposed various changes to their existing 11.9 acre site. Such changes include the following: A. The addition of 2.5 acres of land presently zoned Open Space Conservation. B. The relocation of the store's lumberyard entrance. C. Construction of a new garden center area. D. Expansion of the existing lumberyard. • E. Construction of a new warehouse; and • 4. To accommodate the proposed site changes, the following approvals are necessary: A. Rezoning of the proposed 2.5 acre land addition from Open Space Conservation to B -2, General Business. B. Preliminary/final plat to combine the 2.5 acre expansion parcel with the existing Menards parcel. C. Conditional Use Permit to accommodate modified outdoor storage activities. D. Variance to allow the expansion of a screening fence that exceeds six feet in height; and 5. The City staff prepared a planning report dated September 4, 2003 reviewing the request; and 6. The planning report dated September 4, 2003 recommended that the requests be approved with conditions; and 7. The Planning Commission held a public hearing at their September 11, 2003 meeting, took comments from the applicants and public, closed the public hearing, and • recommended that the applications be approved with conditions; and 8. The City Council reviewed the Planning Commission recommendation and application at their September 23, 2003 and October 14, 2003 meetings and requested a traffic study be completed by the property owner; and 9. Westwood Professional Services Inc., on behalf of the property owner, provided a traffic study to the City on December 24, 2003. 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 applications submitted by Menards for rezoning, preliminary /final plat, conditional use permit and variance affecting the following real property: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights the following: A. Approval of the rezoning from Open Space Conservation to B -2, General Business • District 2 • B. Approval of the preliminary /final plat to divide property and add it to the existing Menards site. C. Approval of a conditional use permit (to allow expansion of open and outdoor storage) and variance from the fence height regulations to allow expansion of a 14- foot -high fence /storage rack surrounding the outdoor storage area and construction of a wrought iron fence west of the principal building subject to the following conditions: 1. The applicant submit a revised preliminary plat and a final plat that combines the proposed expansion area with the existing Menards property. 2. Signage be installed to direct delivery trucks to use the north entrance on Krueger Lane, which will allow adequate truck maneuvering space. 3. Materials stored or stacked in the storage yard may not exceed a height of the adjacent screening fence. 4. Tree replacement and the landscape plan are subject to review and approval by the City Arborist. 5. All exterior site lighting be dimmed one hour after store closing. . 6. The "in" and "out" signs on the lumberyard entrance canopy be revised to not exceed four square feet in area. 7. All signs on the lumberyard entrance canopy comply with sign illumination requirements. If external lighting is proposed, there shall be no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. If the sign is internally illuminated, there shall be illumination of the text only. 8. No new flag -like banners are allowed on the property; therefore, the proposed banners on the entrance gate canopy shall be eliminated. 9. The City reserves the right to require the applicant to use and require the implementation of a radio pager system for communication to all outside /yard employees. 10. Delivery and unloading shall be limited to 8:00 a.m. to 9:00 p.m., Monday through Saturday, and 10:00 a.m. to 8:00 p.m. on Sundays. Movement of goods in the yard shall be limited to one hour before store opening to one hour after store closing. Utilization of audible backup moving devices shall not be used on site if a reasonable OSHA approved alternate exists. 3 • 11. A retaining wall shall be constructed between the stormwater pond and the lumberyard. Construction drawings of the retaining wall shall be submitted to the City Engineer for review and approval. 12. Grading and utility plans are subject to review and approval by the City Engineer. 13. Storm water management is subject to review and approval by the City Engineer and Browns Creek Watershed District. 14. The south and west sides of the proposed warehouse building shall be sided with vertical wood siding that matches the screening structures. The roof shall be a dark green color to blend with the surroundings subject to review and approval of the City Planner. 15. An updated lighting plan for the entire site that complies with Section 401.15.B.7 of the Zoning Ordinance, including both existing and proposed lights, shall be submitted and subject to City review and approval. The applicant shall update all of the lights, to be compliant with the Zoning Ordinance, within the existing Menards site by December 31, 2008. All new fixtures and fixtures to be replaced will need to comply with the Zoning Ordinance. 16. The decorative lighting west of the building be eliminated. • 17. Yard and soffit lights be mounted horizontally (at a 90 degree angle to the wall or pole) and be a full cutoff design with the lens not extending below the fixture. 18. No permits shall be issued for the Menards property until all traffic and circulation issues are resolved as required by the Champion Development/ Brackey March 21, 2000 development agreement, and a supplemental agreement is executed by all parties to that agreement. 19. The exterior of the existing perimeter fence on the Menards property shall be power washed so as to match the color of the new perimeter fencing in the expansion area. 20. The lumber yard and entrance shall be screened by a 14 foot wooden fence and a 14 foot wrought iron fence, as depicted on plans submitted by the applicant. 21. The applicant shall provide detailed plans for that area adjacent to the existing pond and the proposed retaining wall in that area. The bank of the pond shall not be altered or filled except pursuant to plans approved by the City Engineer. 22. All access for the expansion area shall be through the existing Menard site from Krueger Lane. No direct access for the expansion area shall be granted from 58 Street or from a driveway to the west of the subject area. 4 Approved by the City Council of e Par eights this 13` of January 2004. D ea Mayc( AT ST: i Eric A. Johnso City Administrator • 5 RESOLUTION 04 -01 -08 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF WHITETAILS UNLIMITED CHAPTER METRO AREA TO CONDUCT A ONE -DAY RAFFLE AT THE VFW CLUB #323 ON MARCH 20, 2004 WHEREAS, Lindell Blanchette, on behalf of Whitetails Unlimited Chapter Metro Area has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one -day raffle on March 20, 2004 at the site of VFW Post #323, 5880 Omaha Avenue North; and WHEREAS, The City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the raffle permit as applied for by Whitetails Unlimited Chapter Metro Area with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of Whitetails Unlimited Chapter Metro Area with the State of Minnesota Gambling Control Board to conduct a one -day raffle on March 20, 2004 at the site of the VFW Post #323, 5880 Omaha Avenue North within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 27th day of January, 2004. 2 David Beau k T: Mayor Johnson ministrator • RESOLUTION 04 -01 -09 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM FIRST STATE BANK & TRUST AND DIRECTING THE FUNDS TO BE UTILIZED BY THE POLICE DEPARTMENT. Whereas, Oak Park Heights business, First State Bank & Trust wishes to donate two - hundred and fifty dollars ($250.00) to the City of Oak Park Heights Police Department; and, Whereas, the City of Oak Park Heights is grateful for First State Bank & Trust's donation and concern for their community. Now, therefore, be it resolved by the City Council of the City of Oak Park Heights that the City shall accept First State Bank & Trust's donation and that the Police Department of the City is authorized to expend such funds for the purposes of enhancing the Department. • Passed by the City Council for the City of Oak Par eight h day of Januar 2004. David�eaudet, Mayor Att ric Johnso City Administrator r� • RESOLUTION 04 -02 -10 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION SUPPORTING LEGISLATION TO PRESERVE THE PROPERTY TAX BASE OF COMMUNITIES HOSTING ELECTRIC GENERATION FACILITIES WHEREAS, the undersigned governmental unit is a joint powers board member of the Coalition of Utility Cities (CUC); and WHEREAS, investor -owned utilities (IOU's) and their host communities have operated in a long- standing partnership, and real and personal property tax revenues are a fair compensation to host communities for the social, economic and environmental costs of hosting nuclear and coal -fired baseload electric generation facilities; and WHEREAS, IOU's have received substantial tax relief since the early 1990's through reductions in commercial/industrial tax rates, increases in depreciation limits for electric utility property, personal property tax exemptions for new generation facilities, and liberal application of the exemption for pollution control equipment in the wake of the Minnesota Supreme Court's decision in United Power Association v. Commissioner of • Revenue (1991); and WHEREAS, IOU's have received ample tax relief and do not need further tax relief at the expense of the communities hosting baseload electric generation facilities; and WHEREAS, IOU property is properly classified as "special use" property because IOU's are regulated businesses and, because of their regulated nature, enjoy a guaranteed rate of return; and WHEREAS, the Minnesota Department of Revenue (MDOR) is considering possible amendments to its utility property valuation methodology under Minnesota Rules Chapter 8100, and the issues that may be considered in this rulemaking include the relative weighting of income and cost indicators of value, the capitalization rate to be applied to IOU's under the income indicator of value, and limits on depreciation of electric utility property; and WHEREAS, changes to the MDOR's electric utility property valuation rules may result in significant reductions in the value of electric utility real and personal property and, therefore, host community tax base; and WHEREAS, the CUC has drafted legislation to help preserve the property tax base of host communities in the event valuation rule changes by the MDOR result in significant • decreases in the value of IOU real and personal property. S 1 . y • NOW THEREFORE BE IT RESOLVED that the undersigned governmental unit hereby approves and supports the following draft legislation being promoted by the CUC: Revisor No. 04 -4322, eliminating the property tax exemption for real and personal property "used primarily for the abatement and control of air, water, or land pollution ... to the extent that it is so used." This legislation would be effective for assessment year 2005 if MDOR adopts rules between December 31, 2004 and August 1, 2005, reducing the value of electric utility real and personal property by an unspecified percentage. Revisor No. 04 -4323, providing that "before July 1, 2005, the Department of Revenue shall not amend existing rules or adopt new rules that prescribe the method of valuing property of electric utilities." Revisor No. 04 -4337, increasing the first -tier (up to $150,000 in taxable market value) commercial/industrial class rate for electric utility real and personal property from 1.5% to 2.0 %, and increasing the second -tier (above $150,000) class rate for electric utility real and personal property from 2.0% to 2.5 %. This increase would become effective for assessment year 2005 if the MDOR adopts rules between December 31, 2004 and August 1, 2005, reducing the value of electric utility real and personal • property by an unspecified percentage. Passed by the City Council of Oak Park Heights this 24 day of F ary 2004. Da ' Beaudet' ATTE Mayor Eric A. Jo n City Ad istrator • RESOLUTION NO. 04 -02 -11 • 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 VALLEY SENIOR SERVICES ALLIANCE FOR A COMPREHENSIVE PLAN AMENDMENT, ZONING DISTRICT AMENDMENT, CUP, PUD CONCEPT PLAN AND SITE PLAN REVIEW FOR OAKGREEN VILLAGE SOUTH LOCATED WEST OF OAKGREEN AVENUE AND SOUTH OF 58 STREET BE DENIED WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance for a Comprehensive Plan amendment, zoning district amendment, CUP, PUD concept plan, and site plan review for Oakgreen Village South located west of Oakgreen Avenue and south of 58 Street; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be denied. 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: 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 site is designated in the Comprehensive Plan as Park Facilities /Open Space; and 4. The subject site is zoned O, Open Space Conservation; and 5. The Comprehensive Plan maps and text, as well as the zoning for the property, would need to be amended to allow for a 37 unit townhome development; and 6. City staff prepared a planning report dated February 5, 2004 reviewing the application; and • 7. The Planning Commission held a public hearing at their February 12, 2004 • meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be denied based upon findings of fact as provided in their resolution to the City Council, the terms of which are incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL DENIES THE FOLLOWING: A. The application submitted by Valley Senior Services Alliance for a Comprehensive Plan amendment, zoning district amendment, CUP, PUD concept plan, and site plan review for Oakgreen Village South located west of Oakgreen Avenue and south of 58 Street and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby denied by the City Council of the City of Oak Park Heights based upon the following findings of fact: 1. The application is not compliant with the City of Oak Park Heights Comprehensive Plan which designates the area for Park Facilities /Open Space. • 2. The Planning Commission did not support amending the Comprehensive Plan to allow the entire property to be developed. 3. The Planning Commission cited the following Comprehensive Plan goals in making their recommendation including: Protect Oak Park Heights' natural resources. Maintain and improve a safe, viable, orderly protection and enhanced environment for all residents of the community. And the following Comprehensive Plan policy: Protect low density neighborhoods from encroachment or intrusion of incompatible higher use or density types and by adequate buffering and separation from other residential as well as non - residential use categories. 4. The Planning Commission recommended that at least a 150 foot buffer be maintained for the River Hills neighborhood, and that the City Council should acquire the 150 foot section along the River Hills development for park purposes, as provided by previous development contract between Valley Senior Services Alliance and the City. 5. The application is not compliant with the City of Oak Park Heights zoning map which • designates this area as O, Open Space Conservation. 2 • 6. Based upon its findings, the Planning Commission recommended not to amend the Comprehensive Plan for this area, and the Planning Commission did not support amending the zoning map to an R -2, Single and Two Family District that would allow the proposed 37 unit townhome project. 7. The application, as proposed, would not be allowed under the Parks Facilities/Open Space designation in the Comprehensive Plan and the O, Open Space Conservation District of the Zoning Ordinance. 2004. Passed by the City Council of the C4OakP hts this 24 day f y ES . • ric A. Johnson, ty Administrator • 3 ATTACHMENT A Washington County GEO Code: 05- 029 -20 -14 -0002 Legal Description: (Outlot F) - PT N1 /2- SE1 /4 -NE1 /4 052920 COM AT SE COR OF SD N1/2- SE1 /4 -NE1 /4 THN W ALONG SLINE THEREOF DIST OF 705FT TO ... • ATTACHMENT B Planned Unit Development (PUD): General Concept Plan OAKGREEN VILLAGE - SOUTH 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) Conference With City Staff Upon Application Submittal: January 28, 2004 Required Approvals: PUD: General Concept 0 Planning Commission 4/5 City Council 4/5 RESOLUTION NO. 04 -02 -12 • 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 S & C BANK FOR A MINOR SUBDIVISION AND AMENDED PLANNED UNIT DEVELOPMENT TO CREATE A TWO UNIT CONDOMINIUM FOR 5795 MORNING DOVE AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from S & C Bank for a minor subdivision and amended planned unit development to create a two unit condominium for 5795 Morning Dove Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council 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 site is zoned B -3, Highway Business/Warehouse and was approved as part of a planned unit development for the Oak Park Station in December 2001; and 4. City staff prepared a planning report dated February 5, 2004 reviewing the request for the minor subdivision and amended planned unit development; and 5. Said report recommended approval of the minor subdivision and amended planned unit development subject to the fulfillment of conditions; and 6. The City Attorney submitted a letter dated January 29, 2004 outlining conditions of approval for the project; and is r 7. The Planning Commission held a public hearing at their February 12, 2004 • meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of 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 S & C Bank for a minor subdivision and amended planned unit development to create a two unit condominium for 5795 Morning Dove Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved the City Council of the City of Oak Park Heights subject to the following conditions: 1. The applicant produce either a title opinion or a title commitment or other verification of the status of current title, depicting current fee owner and outstanding liens and encumbrances against the building and property subject to review and approval of the City Attorney. 2. The applicant supply mylars relative to the Common Interest Community #235 that they • wish to create, with appropriate places for signatures of current owner and encumbering interest against the property, in addition to the other statutory executions that need to be on that plat. The plat shall be subject to review and approval of the City Administrator and City Attorney. 3. The applicant has informed us that, notwithstanding the condominiumization of the building, they do not intend to have separate utilities to Unit 101, which is being created by the condominium and minor subdivision application. Thus, a condition of the application will have to be that the fee owner of Unit 100 and their successors, heirs and assigns will be directly responsible to the City of Oak Park Heights for payment of all outstanding utilities relative to the property, it being understood that the City will not have to create a separate billing entity or item for Unit 101, within its database, for utility billings. 4. The applicant shall provide a completed, fully executed copy of a Common Interest Community #235 declaration, in substantially the same form as provided to the City, as part of the final permitting, subject to approval of the City Attorney. That document will also have to be amended to reflect that ail utility bill for the City of Oak Park Heights will be billed directly to Unit 100, who will then prorate or collect from Unit 101, its fair share of such billings. Not withstanding that process, Unit 100 will be solely and exclusively responsible to the City of Oak Park Heights for payment of all municipal utility billings incurred on the premises. • 2 r 5. Any changes to the signage shall require submittal of a sign permit, subject to review and • approval of the Building Official. 6. The landscaping shall be inspected by the City Arborist in June of 2004. Any trees or shrubs that are dead or diseased, as determined by the City Arborist, shall be replaced by the applicant with similar, healthy plant materials subject to review and approval of the City Arborist. Approved by the City Council of the Ci of O Park Hei is this 24` da ebruary 2004. / I t� d Beau ayor r T TES T: A ric A. Jo n, City Administrator • • 3 ATTACHMENT A Washington County GEO Code: 06- 029 -20 -13 -0011 Legal Description: Lot 1, Block 1, OAK PARK STATION, according to the recorded plat thereof, Washington County, Minnesota • t ATTACHMENT B Minor Subdivision & Planned Unit Development Amendment S & C Bank — 5795 Morning Dove Ave. N. 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) Conference With City Staff Upon Application Submittal: January 28, 2004. Planning Commission Public Hearing & Recommendation: February 12, 2004. Required Approvals: PUD Amendment City Council 4/5 Planned Unit Development 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) s • Resolution 04 -13 Resolution Supporting the Creation of a Long -Term and Sustainable System Ensuring the Proper Disposal and Management of Old Cathode Ray Tube (CRT) Waste Equipment Whereas, technological advances in the areas of computers and televisions has created an inadvertent environmental problem when electronic products need to be disposed; and Whereas, this waste stream, called E -waste, includes old TVs and computer monitors that have picture tubes or cathode ray tubes containing 2 to 8 pounds of lead per tube; and Whereas, these items contribute to lead in our water, air, and soil when disposed with other mixed wastes, and Whereas, the City of Oak Park Heights supports efforts to ensure a long -term and sustainable system to ensure the proper management of old TVs and computers without reliance on government -only solutions. NOW, THEREFORE, BE IT RESOLVED that the City of Oak Park Heights supports the Solid Waste Management Coordinating Board's legislative initiative incorporating • manufacturer responsibility, reliable and convenient collection options, responsible recycling of CRTs, a mechanism to address the backlog of CRTs, and a preference for advance recycling fees without reliance on local government for management or oversight. ADOPTED by the Oak Park Heights City Council this day of NL,oxeJi, 2004. David Beaiidet, Mayor Att e cnistrator • • CITY COUNCIL RESOLUTION RESOLUTION # 04- 0 3-14 A RESOLUTION TO OPPOSE TAX AND EXPENDITURE LINIITATION PROPOSALS (TABOR and Similar Proposals) WHEREAS, the Taxpayers League and others are endorsing proposals to amend the State Constitution to institute tax and expenditure limitations at the state, and potentially local, levels of government that could only be overridden by a vote of the people - an example of these proposals is the "Taxpayers Bill of Rights "; WHEREAS, such proposals would tie the hands of state and local leaders in times of crisis and other unpredictable circumstances, putting state and local governments on "auto pilot" and circumventing thoughtful consideration of policy decisions; WHEREAS, such proposals would prevent state and local officials from making the tough decisions they were elected to make, passing the responsibility for learning all aspects of often complex issues to citizens who have other jobs and responsibilities; WHEREAS, amending the constitution is a virtually irrevocable action and should only be undertaken when legislative remedies have proven inadequate; • WHEREAS, such proposals are unnecessary - a "solution in search of a problem" - as demonstrated by lawmakers at both state and local levels of government taking action to deal with one of the worst budget crises to hit the State of Minnesota and, by result, Minnesota's cities; WHEREAS, this is further demonstrated by the fact that state and local spending as a percentage of personal income has actually declined in recent years, even before the 2003 deficit; WHEREAS, regardless of whether TABOR/TELs are applied just to the State or to local governments as well, these proposals would bring great harm to local communities through continued reductions in state funding, increases in unfunded State mandates, and, potentially, direct tax and expenditure limitations at the local level, which would severely erode decision - making at the local level and the ability to provide the basic services residents and businesses expect and deserve; WHEREAS, such proposals would force the State, and potentially cities, to spend valuable time and money asking for permission from the same people who elected them before any action can be taken on important issues, and would-also-force-taxpayers to pay twice for governance - once for elections of their State and local officials, and again for elections to make the decisions those officials should have made. WHEREAS, such proposals contradict the fundamental principles upon which our constitution and system of government are based - that representative, not direct, democracy is the most • effective form of government as it is most likely to result in good public policy; ti. • WHEREAS, those states that have instituted proposals similar to the Taxpayers Bill of Rights, such as Colorado, now face severe problems in meeting the basic needs of their citizenry; NOW, THEREFORE, BE IT RESOLVED by the Council of the city of Oak Park Heights that this Council believes that state and local elected officials are elected to do a job — that job is to represent the interests of their constituents, to deal with difficult decisions, to thoughtfully debate and determine the best course of action for the state or the community they serve. BE IT FURTHER RESOLVED that this Council opposes limits on state and/or local taxes and expenditures, whether through constitutional amendment or other means, and supports the principle of representative democracy as the best route to sound public policy. ADOPTED by the Oak Park Heights City Council this "1 day of M r�' , 2004. X — Yd audet, Mayor Attest: Eri o n, City inistrator Tax and Expenditure Limitations (TELs) / Taxpavers Bill of Riqhts (TABOR) Talkinq Points The Issue• Proposals are being put forth to amend the Minnesota Constitution to impose tax and expenditure limitations (TELs) at the state, and potentially local, levels of government that could only be overridden by a vote of the people. Kev Points: • Minnesota cities 9 e TELs, including the "Taxpayers Bill of Rights" g (TABOR). • TELs /TABOR are unnecessary and would tie the hands of lawmakers and city officials. • TELs /TABOR would circumvent thoughtful consideration of policy decisions. *Details: • If applied to cities, TELs/TABOR would translate into direct and very severe impacts on city services. • If applied to the State, TELs /TABOR will encourage more state aid cuts and unfunded mandates. • Minnesota cities need more, not less, tools to serve residents and deal with challenges — TELs/TABOR in any form would tie the hands of local leaders. • TELs/TABOR are a solution in search of a problem o Last year lawmakers solved the sixth largest deficit in the nation. o Contrary to what proponents say, government spending is actually going down — in 2003 spending was 15.1 percent of personal income, down from 17.5 percent in 1996. . RESOLUTION NO. 04 -03 -15 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 VALLEY SENIOR SERVICES ALLIANCE FOR PLANNED UNIT DEVELOPMENT GENERAL PLAN PRELIMINARY /FINAL PLAT APPROVAL FOR THE AREA NORTH OF 58 STREET AND WEST OF OAKGREEN AVENUE, KNOWN AS OAKGREEN VILLAGE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance for planned unit development general plan and preliminary /final plat approval for the area north of 58` Street and west of Oakgreen Avenue, known as 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 the City of Oak Park Heights makes the following findings of fact: follows, to wit: 1. The real property affected by said application is legally described as 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 site is zoned CBD, Central Business District and a planned unit development general plan and preliminary /final plat approval is required for the project; and 4. The City staff prepared a memorandum dated December 31, 2003 reviewing the request; and 5. The memorandum from City staff recommended that the request be • approved with conditions; and • 6. The Planning Commission held a public hearing at their January 8, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the applicant be approved subject to 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 Valley Senior Services Alliance for planned unit development general plan and preliminary /final plat approval for the area north of 58 Street and west of Oakgreen Avenue, known as Oakgreen Village, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved the City Council of the City of Oak Park Heights subject to the following conditions: 1. The preliminary /final plat is subject to review and approval by the City Engineer and City Attorney. • 2. The final plat must be revised to include additional right -of -way, as determined by the City Engineer, for turn lanes at the intersections of 58 Street North with Oakgreen Avenue North, Nutmeg Boulevard, and Novak Avenue North. 3. Proposed street right -of -way widths, pavement widths, and intersection designs are subject to City Engineer review and approval. 4. The proposed "drop off lane" in the public street right -of -way in front of the apartment building on Nutmeg Boulevard is subject to Public Works Director review and approval. 5. The applicant must comply with Xcel Energy's requirements, as specified in a March 26, 2003 letter to Todd Erickson from Xcel Energy, for construction of a pond within the Xcel Energy easement. The applicant shall resubmit the development plans to Xcel Energy to assure compliance with all utility requirements. Written approval from Xcel Energy shall be provided to the City. 6. On the final plat, Nutmeg Street North must be changed to Nutmeg Boulevard subject to review and approval of the City Engineer and Washington County. 7. The applicant must either give the area for 59 Street to the City in fee without credit toward park dedication requirements, or language must be included in the development contract with the applicant that the City reserves the option for taking an 80- foot -wide right -of -way for 59 Street in the future without payment to the owner. The right -of -way dedication or option shall be approved by the City Attorney and included in the development agreement. 2 S 8. Prior to the issuance of any grading permit, all existing wells must be identified, capped and abandoned in conformance with Minnesota Rules. 9. If the house at 5830 Oakgreen Avenue North, on the subject property, continues to be occupied after construction begins in that area, an acceptable sewage disposal solution must be provided subject to review and approval of the City Engineer. 10. If the townhomes east of Nutmeg Avenue are constructed before the apartments, the applicant must continue the sidewalk to provide a connection to Oakgreen Avenue North at the time that the townhomes are constructed. 11. Sidewalks and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Engineer. The sidewalks shall be included as Plan A improvements as part of the development agreement. The final location of the sidewalk/trail on 58 Street shall be addressed in the development agreement. The 58 Street sidewalk/trail shall be paid for by the developer, including a reasonable escrow deposit for five years of maintenance if such location is determined to be in the City right -of -way. 12. The Park Commission recommends a cash park dedication for Oakgreen Village North. Park dedication must be paid at the time of recording of the final plat. The specific terms of the dedication will be addressed in the development agreement. . 13. The submitted photometric plan is subject to the review and approval of City staff. A revised lighting plan, incorporating standard City street lighting, shall be submitted subject to City staff review and approval. The City Council shall determine who will pay for fixture installation, maintenance and operating costs. 14. The site plan does not include lights on buildings. If lights are proposed on the buildings, they must be illustrated on the building plans, details submitted, and the photometric plan must be revised to include them subject to City staff review and approval. 15. If signage is proposed, a plan and details must be submitted for City review and approval. Two monument signs shall be allowed for the development, subject to final review and compliance with the City's Sign Ordinance. 16. The landscape plan must be revised to comply with the City Arborist's recommendations found in a report dated December 28, 2003. The revised plan is subject to City Arborist review and approval. 17. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the applicable watershed authority. 18. The proposed vinyl lap siding must be changed to steel or Hardiboard lap siding subject to final review and approval of the City Planner. 3 19. The applicant shall dedicate the wetland area north of 58 Street (Outlot H) to the City. 20. The applicant is required to enter into a development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. 21. The site plans are subject to review and approval of the City Fire Inspector. 22. The applicant's traffic study for the Oakgreen Village development shall be subject to review and approval of the City Engineer. 23. The former Stillwater Auto Salvage Yard, located to the west of the proposed Novak Avenue, shall be "cleaned up" including removal of all automobiles and hazardous waste, fences, and buildings as described in a plan to be provided by the applicant and approved by City staff. The cleanup of the property shall be completed prior to the issuance of any building permit, but no later than August 1, 2004. 2004. Approved by the City Council of the City of Oak e hts this 9th day of March David Beaudet, Mayor ATTEST: Eric A. Jo on, City Administrator • 4 � r RESOLUTION NO. 2004-03-16 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT APPLICATION FOR AN OUTDOOR RECREATION GRANT FOR AUTUMN HILLS PARK SHELTER AND FURTHER AUTHORIZING THE CITY ADMINISTRATOR TO APPLY TO THE DEPARTMENT OF NATURAL RESOURCES FOR FUNDING AND TO EXECUTE SUCH AGREEMENTS AS ARE NECESSARY TO IMPLEMENT THE PROJECT WHEREAS, the City Administrator has sought approval to prepare and submit an application for an Outdoor Recreation Grant to secure matching funding for development of a parks shelter at Autumn Hills Park; and WHEREAS, having received approval to prepare and submit said Grant application, a public hearing was held by the Parks Commission for the City of Oak Park Heights on March 23, 2004 for public discussion of the Grant application; and • WHEREAS, at conclusion of the public hearing and discussion of the prepared Grant application, the Parks Commission recommended that the City Council approve the grant application as presented and approve the same by resolution so that said Grant application may be submitted; and WHEREAS, the City Council of the City of Oak Park Heights relies upon the recommendations of the Parks Commission to assist in shaping the existing park lands throughout the City; therefore BE IT RESOLVED that the City of Oak Park Heights act as legal sponsor for the project contained in the Outdoor Recreation Grant Program Application to be submitted on March 24, 2004 and that City Administrator, Eric Johnson is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Oak Park Heights; BE IT FURTHER RESOLVED that the City of Oak Park Heights has the legal authority to apply for financial assistance and the financial capability to meet the match requirement and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Oak Park Heights has not incurred any costs described on Item 5 and has not entered into a written purchase agreement for the property described on Item 4. • • BE IT FURTHER RESOLVED that the City f Oak Park Heights that upon approval of tY g P PP its application by the state, the City of Oak Park Heights may enter into an agreement with the State of Minnesota for the above - referenced project, and that the City of Oak Park Heights certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for outdoor recreation uses into perpetuity. NOW, THEREFORE, BE IT RESOLVED, that City Administrator, Eric Johnson is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Oak Park Heights. Passed by the City Council for the City of Oak Park Heights this 23rd of March, 200 et, Mayor TT / ES • Eri �o on City A strator • RESOLUTION 04 -04 -17 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF DUCKS UNLIMITED, INC. TO CONDUCT A ONE -DAY RAFFLE AT THE VFW CLUB #323 ON MAY 6, 2004 WHEREAS, Brian Foley, on behalf of Ducks Unlimited, Inc. has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one -day raffle on May 6, 2004 at the site of VFW Post #323, 5880 Omaha Avenue North; and WHEREAS, The City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the raffle permit as applied for by Ducks Unlimited, Inc. with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR • THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of Ducks Unlimited, Inc. with the State of Minnesota Gambling Control Board to conduct a one -day raffle on May 6, 2004 at the site of the VFW Post #323, 5880 Omaha Avenue North within the City of Oak Park Heights and the same are hereby approved with no waiting period. Passed by the City Council of Oak Park Heights this 13th day of April, 2004. David Beaudet AT Mayor Eric A. Jo City Admi ' trator • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION 04 -04 -18 A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF GEORGE VOGT AS PLANNING COMMISSIONER OF THE CITY OF OAK PARK HEIGHTS FROM 1998 TO 2003 WHEREAS, George served as a Planning Commissioner for the City of Oak Park Heights from May 1998 through February 2003; and WHEREAS, George served as Planning Commission Chair from January 2001 through February 2003; and WHEREAS, prior to being appointed to the Planning Commission, George served the United States of America in the Marine Corps; and WHEREAS, George, with his "can do" attitude, worked to forge a better • St. Croix River crossing plan. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights commends George Vogt for his years of public service as Planning Commission Representative and acknowledges his dedication and commitment to the interests of the citizens of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park this 13 day of 2004. avid Beaudet A/ rnic tt Mayor on n is ator • RESOLUTION 04 -04 -19 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION TO SUPPORT THE DESIGNATION BY THE STATE OF MINNESOTA OF A ST. CROIX VALLEY SCENIC BYWAY WHEREAS, the State of Minnesota has a scenic byway system, but none of the roads in the St. Croix Valley are included in it; and WHEREAS, the St. Croix Scenic Coalition is applying to the State for designation as a state scenic byway of a route to be called the St. Croix Valley Scenic Byway; and WHEREAS, the proposed route would begin where Washington County Highway 21 starts in southern Denmark Township at U.S. Highway 10, which is part of the Federal Great River Road, and run north from there on County Highway 21 to Interstate 94, thence east on the south frontage road to County Highway 18, and continue north on State Highway 95 to Taylors Falls, and thence through Chisago County and Pine • County on various county roads to Sandstone, where it would intersect with State Highway 23, which from there to Duluth is a state scenic byway called Veterans Memorial Highway; and WHEREAS, all parts of the proposed route which are in Washington County are already designated as County Scenic Byways in the County's Comprehensive Plan; and WHEREAS, maintaining and enhancing the already outstanding scenic character of this route will contribute to the pleasure of those who travel it and the potential for attracting additional travelers; and WHEREAS, the designation as a state scenic byway will be conducive to effective marketing of this route as a tourist attraction and will potentially contribute to obtaining special funding for enhancement projects along the route; and WHEREAS, designation of the route imposes no financial or legal requirements on the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oak Park Heights supports the effort to obtain the Scenic Byway designation from the State of Minnesota. • • Passed by the City Council of Oak Park Heights this 13th d o "r' 004. David Beaudet AT Mayor Eric A. Jo n City Admi ' trator • • • RESOLUTION 04 -04 -21 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE APPLICATION OF STILLWATER ELKS #179 FOR GAMBLING CONTROL BOARD PREMISES PERMIT FOR OPERATION OF GAMBLING ACTIVITIES WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the Stillwater Elks #179 has applied with the State of Minnesota Gambling Control Board for a Premises Permit to operate pull tab and tipboard activities at the site of the Stillwater Bowl, 5862 Omaha Avenue North, within the City of Oak Park Heights for the period of July 1, 2004 through June 30, 2006; and WHEREAS, The City of Oak Park Heights has reviewed the application of the Stillwater Elks #179 and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the premises permit as applied for by the Stillwater Elks #179 with the State of Minnesota Gambling • Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of the Stillwater Elks #179 with the State of Minnesota Gambling Control Board to operate gambling activities on the site of the Stillwater Bowl located at 5862 Omaha Avenue North within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 27 day of April, 2004. f QC A AT ST: Mayor & A. Jo son • City A 1 istrator • RESOLUTION NO. 2004- 0 5 - 2 2 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA, ' ADOPTING SPECIAL ASSESSMENT POLICIES WHEREAS, the City Council deems it advisable and in the best interest of the City of Oak Park Heights to adopt policies relating to special assessments affecting sidewalks, trails and street and trail lighting improvements. WHEREAS, the City Council intends that these policies not be construed as exclusive but instead to provide general guidelines for addressing assessments in the City and in enacting these Policies, the City Council acknowledges that special cases and variations may be required based on the particular facts present in any given situation. NOW, THEREFORE, TT IS HEREBY RESOLVED by the City Council of the City of Oak Park Heights that the following assessment policies will be followed for sidewalks and trails and street and trail lighting public improvements in the City of Oak Park Heights: • 1 • Assessments. The total of assessments cannot exceed the project costs and must be apportioned equally within properties having the same general land use, based on benefit. The total assessment against any particular parcel shall not exceed the benefit to that parcel. Project costs may include part or all of the costs of previously installed projects, which were not previously assessed. 2 • When Assessments Will Not be Levied. No special assessments will be levied against designated flood plains, municipal storm water ponds or wetland areas on private property as determined by criteria in the Wetland Conservation Act of 1991 and the Minnesota Department of Natural Resources. The limits of wetlands will be determined by the City on a case by case basis at the time of preliminary project design and feasibility report preparation. J No special assessments will be levied against railroad, county highway or state highway gh wa y Special assessments in existing residential neighborhoods where existing sidewalks, trails or street lighting is being replaced shall not exceed 50% of benefit and may be subsidized by city revenues dependant on council discretion and existing resources. . 3. Interest Rate. a } • The rate of interest on assessments for which bon be two percent (2 %) greater than the rate of interest on the b nds.l In sued theteve finance the proect t that nob n wer shall issued to finance the project, the rate of interest shall be two per (2%) e rate of interest on all bonds issued in the prior calendar year, or if no bond n the prior average Height calendar year, two were i d percent (2 %) greater than the current bond market rate for the City of Oak Park 4• Method of Assessment. When residential parcels are assessed on a unit basis, a unit shall be defined as one buildable lot. In all other areas, the definition of unit shall be made based on the circumstances. The special assessment method described in this policy statement cannot be considered as all inclusive. Unique or unusual circumstances may at time justify special considerations. In such situations, the City Council may, from time to time, establish by resolution new assessment policies to cover situations that may not have been contemplated in this policy. 5• How Particular Improvements Will Be Assessed: A. Trails and Sidewalks and Sidewalk and Trail Li hg tins Improvements. • 1. For replacement improvements to existing trails and street and trail lighting, including fixtures and conduit installation, a maximum fifty percent (50 1 / o ) of the project costs shall be assessed against the owners of residential parcels adjacent to the improvement and 100% against owners of commercial parcels adjacent to the parcels. 2. For new trails and street and trail lighting improvements adjacent to new developments residential or commercial and where the improvements are not in the Capital Improvements Plan, one hundred percent (100 %) of the project costs shall be assessed to all parcels within the benefited development. I For new trails and lighting improvements adjacent to existing single family residential neighborhoods (not housing complexes or commercially owned housing communities) a maximum of 50% of the project costs shall be assessed and affecting adjacent commercial properties 100% of the benefit shall be assessed. 4• When a corner lot has frontage on two (2) local streets, it will be charged thirty -seven percent (37 %) of the front footage charge to the front side, and thirteen percent (13 %) for the side. 2 5. Land Use Tvnes % of Cost Retail/Commercial/Industrial 100% Non- Profit/Tax exempt 100% Multi - Family Residential 100% Single - Family 50% For new developments, or improvements petitioned for by benefiting properties not included in the Capital Improvements Plan, one hundred percent (100 %) of the trail and lighting costs shall be assessed to all parcels within the development. B. Sidewalks and Trails. 1. For improvements to existing sidewalks and trails, fifty percent (50 %) of the project costs shall be assessed against the residential parcel through which the sidewalk runs or is adjacent to. For sidewalks located in commercial/business areas 100% shall be assessed to adjacent properties. 2. For newly constructed sidewalks and trails in existing residential developments, one fifty percent (50 %) of the project costs shall be assessed against the parcels through which the sidewalk or trail runs. • 3. For new developments, one hundred percent (100 %) of the project costs shall be assessed against all parcels within the development. 6. Assessable Costs. The amounts included in the costs assessable under this policy shall include the following: A. Contract costs, including amounts paid to contractors for constructing the improvements, and engineering, legal, right of way and condemnation costs. B. Construction Interest. The costs of financing during the period between the date when the first payment is made to the contractor exceeding any amount placed in escrow pursuant to the development agreement, and the date that the assessment rule is approved by the City Council. The interest rate paid shall be the same as the expected assessment rate. C. Expenses. Costs incurred by the City in addition to the contract costs, including advertising, finance charges, administration and the assessment process. 3 w D Proiect Cost (total cost of the imnrovement). Total of contract costs, interest, and expenses for work previously done but not assessed. 7 • Calculation of Pavment. The assessment amount shall be amortized over the term of the assessment, at the ap licable interest rate, with equal installment payments through the term. p 8 . Delav or Deferment of Assessments. All requests for delay or deferral of assessments shall follow the existing policy of the city on deferrals and delays 9. Low Income Senior Citizen and Disabilitv Deferments: As required by Minnesota Statute, the City has a special assessment deferral low income senior citizens and disabled persons meeting all of the policy criteria, policy for EREUPON, said Council for the City Of ak Park Heights lutiont n as declared dul passed and adopted by the City + J day of �,� , 2004. • D e yor AT J so , ty Administrator 7 4 RESOLUTION 0 4- 0 5- 2 3 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING ACQUISION OF WATER TOWER PROPERTY AND AUTHORIZATION TO GRANT AN EASEMENT ACROSS CITY -OWNED PROPERTY Whereas the City currently maintains an elevated water tower "Tower #2" established on a perpetual easement over property now owned by The Shoppes of Oak Park Heights, LLC, the same being legally described as set forth in Exhibit "A ", and; Whereas the City of Oak Park Heights has expressed interest in securing the fee ownership of the "Tower #2" property as currently owned by The Shoppes of Oak Park Heights, LLC over the same lands on which it has secured the permanent easement, and; Whereas The Shoppes of Oak Park Heights, LLC has expressed an interest in securing a non- exclusive roadway easement of approximately 50' in width through property now owned by the City, being Outlot A- Wal -Mart Addition, the legal description for which is set forth and annexed hereto in Exhibit "B ", and; Whereas the City and The Shoppes of Oak Park Heights, LLC have agreed to an exchange of property interests whereby The City shall receive the fee title to Tower #2 property and in addition thereto a permanent and perpetual easement of approximately 1,290 square feet lying directly east of the 60"' Street lift station as further described on the plat of the Shoppes of Oak Park Heights - 2n Addition. In exchange, the Shoppes of Oak Park Heights, LLC shall receive from the City a non - exclusive permanent roadway access across City owned property as further described by Exhibit "C ", and; Whereas the City and The Shoppes of Oak Park Heights LLC have completed independent appraisals for such property transfers that identify and outline that the values of such property being exchanged are of comparable and substantively equal value as outlined in Exhibit "D ". THEREFORE, BE IT NOW RESOLVED that the City of Oak Park Heights through its Mayor and City Administrator is authorized and directed to enter into and execute on behalf of the City the necessary agreement(s), deeds and conveyances to properly implement the land exchange subject to the review and approval of the City Attorney's Office. Passed by the City Council for the City of Oak Park Heights this l P h day of 2004. By Order of the i T: D e e ayor .n Johnson City Administr o Exhibit "A" MiJNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS / IMPROVEMENTS "IDUTURg, made this 2. day of �J — ., 1992, by and between ALVIe a. KRTTEGER and ELAINE K. KRUEGER, husband and wife, parties of the first part; and the HEIGHTS, CITY OF OAK , Washington County, Minnesota, party of the second Part. NIT r <" WRIMEAS, the above-named parties of the first the: part are owner's in fee simple of the real estate hereinafter described: See Attached Exhibit A -1 Thal. for and in c onsideration of the sum of One Dollar -F;µ ($1:00) and other good and valuable consideration which is hereb , the receipt of y acknowledged, the parties of the first part have this day bargained and sold, and by these presents do bargain, sail and transfer unto the City Of Oak Park Heights, its st*ccessors and assigns the following: A. tempora ry and perpetual sa easement for municipal water, nitary sewer, public utilities and storm water drainage and street purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and /or the public utilities may see fit maintain and repair any lines and construct, , equipment, materials, or other items.of the municipal utilities storm water drainage area, for the purpose Of maintaining, repairina or replacing the said storm 1 uii�r er � ,�i�,n, Recorder y SS water drainage area over, across, through and under the lands ,,. hereinafter described, together with the right to excavate and refill ditches and /or trenches for the location of said municipal utilities, public utilitie: snd storm water drainage area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said municipal utilities and storm water drainage area. = That said temporary and perpetual easements for '..' municipal utilities and storm water drainage purposes is described as follows, to See Exhibit A -2 attached TO 8Av8 AND TO HOLD, said temporary easement and right -of -way unto the City of Oak Park H Perpetual Washington Count Heights, Y, Minnesota, (as to the municipal utilities) and to the public utilities service providers, its successors and assigns, forever. That parties of the first part do hereby covenant with the city of oak Park Heights that they possess marketable title r to and are lawfully eized and Y possessed of the real estate above described. It is understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal utilities and storm water drainage purposes or any other purpose, find that party of the second part will restore any fencing that 2 D it '._ necessary to remove or becomes damaged Burin the }` g g process of any excavation. It is further understood and agreed that party of the second part will forthwi-,h seed or resod all a• ^eas, where w `.." necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that party Of the second part will replace all driveways and sidewalks which it. is r y necessary to remove or damage during the process of any excavation. The City of Oak Park Heights hereb y agrees that parties of .:the first part shall not have any development of the subject property impaired by reason of the existence of this easement granted to the City of Oak Park Heights, All setbacks shall be measured from property lines not from the easement line, and any permitted use of the property that would otherwise be allowed on the property will not be disallowed as a result of the existence Of this easement. IN WITNESS WHEngop the said parties have caused this instrument to be executed the day and year first above written. IN ''P SENCE OF: PARTIES OF THE FIRST PART: Alt- ruage= Elaine IC. Krueger 3 ti.i - STATE OF MINNESOTA ) COUNTY OF L�/AS � ss' On this a Notary Public, w th and for said co 1492. before me, -; wife, to .me Krueger and Elaine K, Y an3 aPPeared Alvin J. State, persona the: H y known to be tha Krueger, husband and foregoinq instrument and described in and who executed same -as their f acknowled that the ��naAAnvn. \: + d deed, Y executed the f' •,, �;, jtuNic - NiiMsota y _•rir 01 C�sf�h `` _ No tary 11 lie IN PRESENCE OF: C) PARTY Op SECOND PART: CITY OF OAK PARK BEIQ S By ''•• I Barbara O'Nea al Ma� or Wilson, clerk STATE.. OF MINNESOTA ) CO UNTY Ok ,WASHINGTON) ss. t On this G Y M day, of� me a Notary Public; "�n"and for said Count appeared 1 1992, before Sarbara.O'Neal and LaVonne Wilson, t Y and State being by me first dul o me the Mayo and Clerk aY sworn, did Personally known, who the Mayo e f the City a Y that they are respectively Y P the City Council y Of Oa kit Heights, by and said Mayor and Clerk acknowledge said instrumen ±k Heights, r; free act and deed of said City of Oak Park Hei to be the ghts. JUDY L NOLBT. NC U"J PuNli c�7 15..-kNSTRUMENT DRAB "l -yp Mark .:7:. Vierling Y0 Xttorney.I-,D, 0112823 ECKBERG; CANNERS, BRIGGS, WOLFF ENTERED IN TRANSFER RECORD & "YIERI;ING WASHINGTON COUNTY, MINNESOTA 1835 Northwestern Avenue Stillwater, MN 55082 '(612) 439 A H. e SKAFFORD, DI OR- -IREASURER RY �' i l�..tA. Dot I� DEPUTY 4 \ Y X EXHIBIT A -1 Y8�4'$It (78005- 03350) "Situated in the County �f Washington, and State of Minnesota, is further described as follows; and The of the Northwest Quarter 4 of NW1 /4) SWl / and the North Half of the Northwest Quarter (N1 (( I/ NW1 /4) of - Section .Five (5) in Township Twenty -nine (29) North, of Range Twenty '(20) West, excepting therefrom a strip off East and of said; North Half of Northwest Quarter (N112 of NW1 14) Twenty - one rods and and Twenty (20) links wide heretofore sold to one Jacob Muggli Except All that part of the Northwest Quarter of the Northwest Quarter (NWif4 `Of. /.4) Of Section Five (5), Township Twenty -nine (29) .North,- :Range'- .Twenty (20) West, described as follows, to -wit: Beginning:;at an iron monument set on the West line thereof at the intersection of the Southerly right - of - way line of Minnesota state:Highway.Number 212 with said West line, and running thence South along said West line Five hundred twenty -eight (528) feet to an iron monument set on said West line; thence East on a line parallel to the North line thereof Eighty -two and five - tenths (82.5) feet'to an iron monument, thence North on a line parallel "to:s­'A-Vdst line Five hundred twenty -eight (528) feet to an iron monument set at the intersection of said parallel line with said Southerly right -of -way line of said highway; thence West along said 'right -of -way line of said highway Eight -two and five - tenths (82.5')' feat to the Point of Beginning. All of the same lying and 'being in the County of Washington, State of Minnesota. And Also Except All that part of the Northwest 1/4 of Section 5, Township 29 r North, Range 20 West, Baytown Township, Washington County, Minnesota, described as follows: Commencing at the North 1/4 corner of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota; thence West along the North line of said Section 5.for 21 rods and 20 links, being 359.7 feet to the point ?r' of beginning.of this land description; thence South and parallel with North and South 1/4 line of said Section 5 for 375 feet; thence West.and parallel with said Larth line of Section 5 for ". 150 feet; .thence North and parallel with said North and South 1/4 lima for _375 - feet to its intersection with said Barth line of Section 5; thence East along said North line of Section 5 for 150 feet to the point of beginning. Subject to the right of way of -° Minnesota Highway No. 212. i 5 •w EXHIBIT A -2 across 180 p ub l ic followi n described property: q The North Half of the Northwest Quarter of Section 5, Township 29, Range 20, Washington County, Minnesota, except the east 359.70 feet thereof, said east 359.70 feet being measured along the north line of the Northwest Quarter of said Section 5. Together with a perpetual easement for p ublic over,.under and across that part of the Northeast l Q u a p urposes Northwest Quarter of Section 5, Township 29, Range 20rtWashington of the County, Minnesota described as beginning at a point o li n the north :ne.of said Northeast Quarter of the Northwest Quarter distant 885 feet west from the northeast corner thereof; thence southerly at right angles to said north line et; thence northerly at right 110 feet; thence westerly and parallel with said north line 80 fe angles iltl feet to the north line of said Northeast Quarter of the Northwest Quarter; thence easterly along said north line 80 feet to the point of beginning. Together with a perpetual easement for public utility purposes over,, under and across that part of the north 68 feet of the 29 2pa Qu the Northwest Quarter of Section 5, Township 5,tl feet of said gton Castty, Minnesota lying west of the east as measured along the north line , lying e east u of t a r, line described as beginning at a point on the north line of said Northeast Quarter of the Northwest Quarter distant 885 feet west from the northeast corner thereof; thence southerly at right angles to said north line 110 feet and said line there terminating. T �'Q° �sBSMSrrr Together with a temporary ?, p rary construction easement over, under and across that part of the Northeast Quarter of the Northwest Quarter of said Section 5 described as beginning at a point on the north line of said Northeast Quarter of the Northwest Quarter distant 805 feet west from the northeast corner thereof; thence westerly along said north line 80 feet; angles to said north line 110 feet; then thence southerly at right ce westerly and parallel with said north line 80 feet; thence southerly at right angles 10 said feet; thence easterly and parallel with the north line of Northeast Quarter of the Northwest Quarter 160 feet; thence northerly 120 feet to the point of beginning, except the north 68 feet of said Northeast Quarter of the Northwest Quarter. 6 -F a Said temporary-construction easement to expire May 1, 1992. Together with a perpetual easement for Public ' Northeast er an across that part of Utility oses Quarter of the Northwest the north 68 feet of 2 9 , `Range 20, Washington count Quarter .of Section 5, Township 509;70 feet of said Northeast county, lying west of the east as.mea"sured along the north lineathereof,tandNlying e t east line t of a described as beginning Quarter, . g at a Y point on the north h line of said = Quarter of the Northwest Quarter distant 885 feet west froiq:;;t2i'e northe Northwest ast corner thereof; thence south erl angles to'said north line 110 feet and said line there eMbiating. Y at right Together with a temporary construction easement over Across that part of the south 20 Northeast Quarter of the Northwesteet of the north 88 feet r of n the h wes er of said Section 5 -N t of.the east 509.70 feet of said Northeast Quart the .North Of the as, as and:lyfng east of a measured along the north line u thereof f north line of said Nlrtheast described Quart as beginning at a point ;* d sfant'$05 feet west from the northeast Northweseof; rtencehe southerly at right Quarter th g angles to said north line 100 feet and said line. there;..terminating. Said temporary construction easement to e xpire may 1 , 199 2. 7 e "7.35'70 orncE Of 000NTY RECORDER WASItiNCTON COUNTY Dct IS t 07 PH '91 DOG.. -y-I "m,7n A. -.t' . EN i Exhibit "B" Legal Description of Wal -Mart Pond Property OUTLOT A, WAL -MART ADDITION PID# 05- 029 -20 -21 -0020 s+c tc AND 0SS0fR«tJ0N FOR. B.R.A. and Associates Exhibit "C" I I 589 E 356.48 I ,� n orth -- a OUTLOT q C* y ►• w h3 .4 U lb �•� +. :� v 41,0 PROPQaED EgQEMENT DESCRIPTION 1 / A p o•,snM IOr ' 1 ADgitp� M«I1iyt41 Cwnt MYM1«O(4 O,u °, le•e•Ra4 amt �� I/.st p•r1 " a.0•t A. WAL -YMT i / 00rnn�lepp et th, —1h ,�, / b h•arhq, dwq Ihs 1d,t " o , QotbI A p NartA 1 .prow 32 mholq 0.7 «,Mdo YAi•t qs A� U'rc, c••thuleq .' NaM 1 dprw, S2 mMrlw 0.l dlatone• of 121.0Z W 1M oet d pmt .1 (f ti3 A a NN,ne. N 3QW («k Owe• SwrU 09 t•wnd. Mw/ dmf U. Mo,1�N.• 01 ,d� OotM two _t" 77.96 f i1^'f • le,gwthl wr�,oma.• N '.. ' —"do •e sMm:• .1 2..07 ww £ a•a • «•tM onp• I w dp«, W nh•t.s 0. •eO N••n h,.h ••�• .( 100.00 (•o! f,.t • dbtarw of 1170 hot ,•c,nOR U,ne• SaoU ♦. do,, 73 mYwtw 11 wc•rp, f Eo,t 1ho .1 ,•M nor• ° IM, t• M fat Iho .1 ,eM Outlet ,� 1•ap a+U•wlRly —9 d ' . A O p,l••w M 00.06 Mt a . na tapwlhd c•N, .,.�.,,� b tM —0—A Iq�f • rOdlw W 300.00 MI. • Mtrd ,nqt• OI 6 dprw, 03 mhutw u o«.r,d• h•rhq a ho 0— t or• s••a� a d,gr.w ao mbar« x ,,,e•d, :;: u - ,•r•Aa Woof a d Trot 45 d "; 0 a ': "' 3 a & N d •� L pu wuUaot h dl•laha• K 2103 /,•t, tnaty "'Y 3400 Mt q•.. a tengwtW cores ,.mrrdR Nmw NorU M M4q ro,%. •/ Saw Lot •n1 • anlM sylo M M .0 d•gnw mwuta W foot men a low l0 6.• p„ya ¢ tw S( wwt tengont to ,oy y,. o � • 1 11 E---t AM .4210 p. R PROPERTY n�cr• RIPTION Out /ot A, WAL -MART ADD /T /ON, Washington County, Minnesota. Scale t "= 50' Drawn By. cWS o Denotes Iron Set • I Project Manager: DWO Job No.: 03559 / hereby certify that th4t pl D rurroy A,l rep ort ow F ou nd I Bearings shown are on an assumed datum, direct supervisron and that / om o duly Re /stered Land Sur me or under /airs E - l�l �1� # SONS, INC. f 7�Le f Minnesota. Doted th s 9 yvr u the /ows ' �+� NS, ` L) 1 -lQt6 day of e T 2ooj.. LAND SU"YORS , �P We® LINN6TON AVL NO. Ucense No. _.7,sg_ _ 4l CIRCLE "A Mp l ASMA OSCIA -3626 Td 6 pAx T63- 1e6.6®0• Tower /Easement Exchan Exhibit "D" ge Proiect Easement Area to NA Properties Apprs. Value* Size in square feet $ 35,446 Value per square foot 5,218 $ 6.79 Tower Property to Citv Apprs. Value size in square feet $ 24,000 Value per square foot ** 34,200 $ 0.70 Value Differential $ 11,446.00 Estimated Size of Lift Station Easement Value per foot —* 1,290 30'X 43' Est. Value of lift station easement $ 7.00 $ 9,030.00 Total value to City Total to NA Properties $ 33,030.00 $ 35,446.00 * page 25 - appraisal provided by RW Kirchner & Associates - Outbt A Walmart Addition " page 29 - appraisal provided by RW Kirchner &Associates - Outiot B Bradce Addition - " page 29 - appraisal provided by RW Kirchner & Associates - Outlot B Brackey Addition -unencumbered Land Area. tower easement • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: APRIL 27, 2004 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota, was duly called and held at the City Municipal Building in said City on the 11th day of May, 2004, at 7:00 o'clock P.M. The following members were present: Mayor: David Beaudet Councilpersons:Mary McComber Mark Swenson Les Abrahamson Jack Doerr • and the following were absent: Councilperson: Jack Doerr Member McComber introduced the following resolution and moved its adoption: RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON LIGHTING AND PATHWAY IMPROVEMENTS OF 2004 (PHASE I) AND ASSESSMENTS THEREFOR WHEREAS, The City Council deems it necessary and expedient that the City of Oak Park Heights, Minnesota, construct certain improvements, to -wit: Concrete sidewalks, bituminous pathways and street lighting, in the City as described in and in accordance with the preliminary plans and report prepared by Bonestroo, Rosene, Anderlik, and Associates, consulting engineers; and WHEREAS, The Council has been advised by the consulting engineers that said Lighting and Pathway Improvements of 2004 (Phase I) are necessary, cost - effective, and feasible and should best be made as proposed, and the consulting engineers' report to this effect has heretofore been received by the Council, and filed with the City Clerk; and • WHEREAS, The statute provides that no such improvements shall be made until the Council shall have held a public hearing on such improvements following mailed notice and two . publications thereof in the official newspaper stating time and place of the hearing, the general nature of the improvement, the estimated costs thereof, and the area proposed to be assessed, and that a reasonable estimate of the total amount to be assessed, and a description of the methodology used to calculate individual assessments for affected parcels (the "Impact of Assessments ") has been made available at the hearing, all in accordance with law; and WHEREAS, this City Council has heretofore discussed and made determinations about the Impact of Assessments: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: 1. A public hearing will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit A to consider said proposed improvements and assessments. 2. The nature of the improvements, the estimated cost of each major portion thereof, and the areas proposed to be assessed therefor are described in the form of Notice of Hearing hereto attached. 3. A copy of the notice in substantially the form set forth in Exhibit B attached hereto shall be mailed to the owners of each parcel of property described in the assessment roll. 4. The notice of said public hearing shall be in substantially the form contained in the notice hereto attached. • 5. The City Clerk is hereby authorized and directed to cause notice of said hearing to be given two publications in the official newspaper. Said publications shall be one week apart, and at least three days shall elapse between the last publication and the hearing. Not less than ten days before the hearing the Clerk shall mail notice of the hearing to the owner of each parcel of land within the area proposed to be assessed as described in the notice. For the purpose of giving such mailed notice, owners shall be those shown to be such on the records of the County Auditor or, if the tax statements in the County are mailed by the County Treasurer, on the records of the County Treasurer. As to properties not listed on the records of the County Auditor or the County Treasurer, the Clerk shall ascertain such ownership by any practicable means and give mailed notice to such owners. 6. If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment. 7. The City Clerk is hereby authorized and directed to cause to be prepared the Impact of Assessments, which may be in the form attached hereto as Exhibit B, consistent with the determinations of this City Council on and prior to the date hereof. The motion for the adoption of the foregoing resolution was duly seconded by member • Swenson and upon a vote being taken thereon, the following voted in favor thereof • Councilpersons: Mary McComber, Mark Swenson, Jack Doerr and Les Abrahamson and the following voted against the same: Mayor: David Beaudet Whereupon said resolution was declared duly passed and adopted. • • • STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss CITY OF OAK PARK HEIGHTS) I, the undersigned, being the duly qualified and acting Clerk of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the calling of a public hearing on proposed Lighting and Pathway Improvements of 2004 (Phase I) of said City. WITNESS my hand and the seal of s ' ity th' �� day of May, 2004. Af erk • (SEAL) • EXHIBIT A CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE OF HEARING ON THE PUBLIC IMPROVEMENTS AND ASSESSMENTS FOR LIGHTING AND PATHWAY IMPROVEMENTS OF 2004 (PHASE -1) TO WHOM IT MAY CONCERN: TIME AND PLACE Notice is hereby given that the City Council of the GENERAL NATURE OF City of Oak Park Heights, Minnesota, will meet in the City IMPROVEMENTS: Hall in the City of Oak Park Heights, Minnesota, on the 22nd day of June, 2004, at 7:00 o'clock P.M. to consider objections to the proposed public improvements and assessments for Lighting and Pathway Improvements of 2004 (Phase -I) heretofore ordered by the City Council. ASSESSMENT ROLL The proposed assessment roll is on file with the OPEN TO INSPECTION: City Clerk and open to public inspection. AREA PROPOSED The area proposed to be assessed consists of TO BE ASSESSED: every lot, piece or parcel of land benefited by said • improvement, which has been ordered made and is as follows: Parcel 0502920210032/33 The Shoppes of Oak Park Heights LLC; and ,VSSA housing and Community Services LLC parcels #0502920130004 and 0502920240006; all located in the City of Oak Park Heights, Minnesota. TOTAL AMOUNT The total amount proposed to be assessed is OF PROPOSED $133,871.38. ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the OBJECTIONS: hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Washington County, Tenth Judicial District pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of any . APPEAL. assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, ASSESSMENTS: Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. [However, the City has elected not to establish any deferment procedure pursuant to those Sections.'] MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. • DATED: May 2004. BY O R OF CITY COUNCIL /s/ /fj Clerk r. EXHIBIT B CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE OF HEARING ON THE PUBLIC IMPROVEMENTS AND ASSESSMENTS FOR LIGHTING AND PATHWAY IMPROVEMENTS OF 2004 (PHASE -I) TO: [Specify owner, VSSA Housing and Community Services LLC address and 3220 Lake Johanna Blvd. parcels] New Brighton, MINT 55112 Parcels #0502920240006 and 0502920130004 TIME AND PLACE Notice is hereby given that the City Council of the GENERAL NATURE OF City of Oak Park Heights, Minnesota, will meet in IMPROVEMENTS: the City Hall, in the City of Oak Park Heights, Minnesota, on the 22nd day of June, 2004, at 7:00 o'clock P.M. to consider objections to the proposed • assessments for Lighting and Pathway Improvements of 2004 heretofore ordered by the • City Council. ASSESSMENT ROLL The proposed assessment roll is on file with the OPEN TO INSPECTION: City Clerk and open to public inspection. AREA PROPOSED TO BE ASSESSED: The area proposed to be assessed consists of every lot, piece or parcel of land benefited by said improvement, which has been ordered made and is as follows: Parcel 0502920210032/33 The Shoppes of Oak Park Heights LLC; and ,VSSA housing and Community Services LLC parcels #0502920130004 and 0502920240006; all located in the City of Oak Park Heights, Minnesota. TOTAL AMOUNT OF The total amount proposed to be assessed is PROPOSED ASSESSMENT: $133,871.38 WRITTEN OR ORAL Written or oral objections will be considered at • t OBJECTIONS: the hearing. • RIGHT OF APPEAL: An Owner of property to be assessed may appeal the assessment to the district court of Washington County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of any APPEAL: assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, • ASSESSMENTS: Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. However, the City has elected not to establish any deferment procedure pursuant to those Sections. SPECIFIC AMOUNT TO The amount to be specifically assessed against your BE ASSESSED: particular lot, piece of parcel of land is: a. Street Lighting 58th Street North $14,622.36 PREPAYMENT: You may the entire assessment to the YP re Prepay Y Treasurer of the City until the assessment roll is certified to the County Auditor; after certification to the County Auditor, prepayments of the entire amount remaining due may be made to the • Treasurer at any time prior to November 15 of any year. NO PARTIAL The City Council has not authorized the partial PREPAYMENT prepayment of assessments prior to certification of the assessment or the first installment thereof to the County Auditor. INTEREST, OR WITH No interest shall be charged if the entire assessment is paid within 30 days from the adoption of the INTEREST TO END OF the assessment roll. At any time prior to November YEAR: 15 of any year, the owner may prepay to the Treasurer the whole assessment remaining due with interest accrued to December 31 of the year in which the prepayment is made. INTEREST RATE: If the assessment is not prepaid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 5.75 %. Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such resolution. • DATED: May , 2004. BY O O THE CITY COUNCIL /s/ City k t . • EXHIBIT B CITY OF OAK PARK FIGHTS ASS NOTICE OF HEARING N THE PUBLIOC IMPROVEMENTS A FOR LIGHTING AND PATHWAY IMPROVEMENTS OF 200 �HESESMENTS TO: [Specify owner, The Shonnes of Oak Park Heights LLC address and parcels] 300 Prairie Center Dr., Ste 225 Eden Prairie, MAT 55344 Parcels #0502920210032 and 0033 TIME AND PLACE Notice is ' hereby GENERAL NATURE OF Y given that the City Council of the GENERAL NATURE City of Oak Park Heights, Minnesota, will meet in the City Hall in the City of'Oak Park Heights, Minnesota, on the 22nd day of June, 2004, at 7:00 o'clock P.M. to consider objections to the proposed assessments for Lighting and Pathway . Improvements of 2004 heretofore ordered by the City Council. ASSESSMENT ROLL The proposed assessment roll is on file with the OPEN TO INSPECTION: City Clerk and open to public inspection. AREA PROPOSED TO BE ASSESSED: The area proposed to be assessed consists of every lot, piece or parcel of land benefited by said improvement, which has been ordered made and is as follows: Parcel 05 02920210032/33 The Shoppes of Oak Park Heights LLC; and ,VSSA housing and Community Services LLC parcels #0502920130004 and 0502920240006; all located in the City of Oak Park Heights, Minnesota. TOTAL AMOUNT OF The total amount proposed to be assessed is PROPOSED ASSESSMENT: $1332,871.38 WRITTEN OR ORAL Written or oral objections will be considered at OBJECTIONS: the hearing. i t RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Washington County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of any APPEAL: assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, ASSESSMENTS: Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. [However, the City has elected not to establish any deferment procedure pursuant • to those Sections.'] SPECIFIC AMOUNT TO The amount to be specifically assessed against your BE ASSESSED: particular lot, piece of parcel of land is: a. Krueger Lane Sidewalk $ 43,683.75 b. Norell Ave North Pathway $41,140.00 c. Krueger 58th and Norell Street Lighting $34,377.14. r PREPAYMENT. You may the entire assessment to the YP re p repay Y Treasurer of the City until the assessment roll is certified to the County Auditor; after certification to the County Auditor, prepayments of the entire amount remaining due may be made to the Treasurer at any time prior to November 15 of any year. NO PARTIAL PREPAYMENT The City Council has not authorized the partial prepayment of assessments prior to certification of the assessment or the first installment thereof to the County Auditor. PREPAYMENT WITHOUT INTEREST, OR WITH No interest shall be charged if the entire assessment INTEREST TO END OF is paid within 30 days from the adoption of the YEAR: the assessment roll. At any time prior to November 15 of any year, the owner may prepay to the Treasurer the whole assessment remaining due with interest accrued to December 31 of the year in which the prepayment is made. INTEREST RA'Z'E: If the assessment is not prepaid within 30 days fro m the adoption of the assessment roll, interest will M accrue on the assessment at the rate of 5.75 %. Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such resolution. DATED: May A, , 2004. BYO CITY COUNCIL /s/ C C 'rk r EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA • HELD: APRIL 27, 2004 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota, was duly called and held at the City Municipal Building in said City on the 11th day of May, 2004, at 7:00 o'clock P.M. The following members were present: Mayor: David Beaudet Councilpersons:Mary McComber Mark Swenson Les Abrahamson Jack Doerr • and the following were absent: Councilperson: Jack Doerr Member McComber introduced the following resolution and moved its adoption: RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON LIGHTING AND PATHWAY IMPROVEMENTS OF 2004 (PHASE I) AND ASSESSMENTS THEREFOR WHEREAS, The City Council deems it necessary and expedient that the City of Oak Park Heights, Minnesota, construct certain improvements, to -wit: Concrete sidewalks, bituminous pathways and street lighting, in the City as described in and in accordance with the preliminary plans and report prepared by Bonestroo, Rosene, Anderlik, and Associates, consulting engineers; and WHEREAS, The Council has been advised by the consulting engineers that said Lighting and Pathway Improvements of 2004 (Phase I) are necessary, cost - effective, and feasible and should best be made as proposed, and the consulting engineers' report to this effect has heretofore been received by the Council, and filed with the City Clerk; and WHEREAS, The statute provides that no such improvements shall be made until the Council shall have held a public hearing on such improvements following mailed notice and two • • publications thereof in the official newspaper stating time and place of the hearing, the general nature of the improvement, the estimated costs thereof, and the area proposed to be assessed, and that a reasonable estimate of the total amount to be assessed, and a description of the • methodology used to calculate individual assessments for affected parcels (the "Impact of Assessments ") has been made available at the hearing, all in accordance with law; and WHEREAS, this City Council has heretofore discussed and made determinations about the Impact of Assessments: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: 1. A public hearing will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit A to consider said proposed improvements and assessments. 2. The nature of the improvements, the estimated cost of each major portion thereof, and the areas proposed to be assessed therefor are described in the form of Notice of Hearing hereto attached. 3. A copy of the notice in substantially the form set forth in Exhibit B attached hereto shall be mailed to the owners of each parcel of property described in the assessment roll. 4. The notice of said public hearing shall be in substantially the form contained in the notice hereto attached. • 5. The City Clerk is hereby authorized and directed to cause notice of said hearing to be given two publications in the official newspaper. Said publications shall be one week apart, and at least three days shall elapse between the last publication and the hearing. Not less than ten days before the hearing the Clerk shall mail notice of the hearing to the owner of each parcel of land within the area proposed to be assessed as described in the notice. For the purpose of giving such mailed notice, owners shall be those shown to be such on the records of the County Auditor or, if the tax statements in the County are mailed by the County Treasurer, on the records of the County Treasurer. As to properties not listed on the records of the County Auditor or the County Treasurer, the Clerk shall ascertain such ownership by any practicable means and give mailed notice to such owners. 6. If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment. 7. The City Clerk is hereby authorized and directed to cause to be prepared the Impact of Assessments, which may be in the form attached hereto as Exhibit B, consistent with the determinations of this City Council on and prior to the date hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Swenson and upon a vote being taken thereon, the following voted in favor thereof: r } Councilpersons: Mary McComber, Mark Swenson, Jack Doerr and Les Abrahamson • and the following voted against the same: Mayor: David Be Y audet Whereupon said resolution was declared duly passed and adopted. • STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss CITY OF OAK PARK HEIGHTS) • I, the undersigned, being the duly qualified and acting Clerk of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the calling of a public hearing on proposed Lighting and Pathway Improvements of 2004 (Phase I) of said City. WITNESS my hand and the seal of s ' ity th' 0 day of May, 2004. i Aerk • (SEAL) • r ' EXHIBIT A CITY OF OAK PARK HEIGHTS . WASHINGTON COUNTY, MINNESOTA NOTICE OF HEARING ON PUBLIC IMPROVEMENTS AND ASSESSMENTS FOR LIGHTING AND PATHWAY IMPROVEMENTS OF 2004 (PHASE -I) TO WHOM IT MAY CONCERN: TIME AND PLACE Notice is hereby given that the City Council of the GENERAL NATURE OF City of Oak Park Heights, Minnesota, will meet in the City IMPROVEMENTS: Hall in the City of Oak Park Heights, Minnesota, on the 22nd day of June, 2004, at 7:00 o'clock P.M. to consider objections to the proposed public improvements and assessments for Lighting and Pathway Improvements of 2004 (Phase -1) heretofore ordered by the City Council. ASSESSMENT ROLL The proposed assessment roll is on file with the OPEN TO INSPECTION: City Clerk and open to public inspection. AREA PROPOSED The area proposed to be assessed consists of TO BE ASSESSED: every lot, piece or parcel of land benefitted by said improvement, which has been ordered made and is as follows: Parcel 0502920210032/33 The Shoppes of Oak Park Heights LLC; and ,VSSA housing and Community Services LLC parcels #0502920130004 and 0502920240006; all located in the City of Oak Park Heights, Minnesota. TOTAL AMOUNT The total amount proposed to be assessed is OF PROPOSED $133,871.38. ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the OBJECTIONS: hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of • Washington County, Tenth Judicial District � l pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within • 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of APPEAL: any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, ASSESSMENTS: Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. However, the City has elected not to establish any deferment procedure pursuant to those Sections. MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. DATED: May // , 2004. BY O R OF THE CITY COUNCIL /s/ c Johns Ci 'nistrator • • EXHIBIT B CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE OF HEARING ON THE PUBLIC IMPROVEMENTS AND ASSESSMENTS FOR LIGHTING AND PATHWAY IMPROVEMENTS OF 2004 (PHASE -I) TO:[Specify owner, The Shoppes of Oak Park Heights LLC address and 300 Prairie Cener Dr. Ste. 225 parcels] Eden Prairie, MN 55344 Parcels #0502920210032 and 0033 TIME AND PLACE Notice is hereby given that the City Council of the GENERAL NATURE OF City of Oak Park Heights, Minnesota, will meet in IMPROVEMENTS: the City Hall in the City of Oak Park Heights, Minnesota, on the 22nd day of June, 2004, at 7:00 o'clock P.M. to consider objections to the proposed assessments for Lighting and Pathway • Improvements of 2004 heretofore ordered by the City Council. ASSESSMENT ROLL The proposed assessment roll is on file with the OPEN TO INSPECTION: City Clerk and open to public inspection. AREA PROPOSED TO BE ASSESSED: The area proposed to be assessed consists of every lot, piece or parcel of land benefited by said improvement, which has been ordered made and is as follows: Parcel 0502920210032/33 The Shoppes of Oak Park Heights LLC; and ,VSSA housing and Community Services LLC parcels #0502920130004 and 0502920240006; all located in the City of Oak Park Heights, Minnesota. TOTAL AMOUNT OF The total amount proposed to be assessed is PROPOSED ASSESSMENT: $133,871.38 WRITTEN OR ORAL Written or oral objections will be considered at • OBJECTIONS: the hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Washington County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of any APPEAL: assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, ASSESSMENTS: Sections 435.193 to 435.195, the City may, at its • discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. [However, the City has elected not to establish any deferment procedure pursuant to those Sections. "] SPECIFIC AMOUNT TO The amount to be specifically assessed against your BE ASSESSED: particular lot, piece of parcel of land is: a. Krueger Lane Sidewalk $ 43,683.75 b. Norell Ave North Pathway $41,140.00 c. Krueger 58th and Norell Street Lighting $34,377.14. PREPAYMENT: You may prepay the entire assessment to the • Treasurer of the City until the assessment roll is certified to the County Auditor; after certification to the County Auditor, prepayments of the entire amount remaining due may be made to the Treasurer at any time prior to November 15 of any year. "' NO PARTIAL The City Council has not authorized the partial PREPAYMENT prepayment of assessments prior to certification of the assessment or the first installment thereof to the County Auditor.' "` PREPAYMENT WITHOUT No interest shall be charged if the entire assessment INTEREST, OR WITH is paid within 30 days from the adoption of the INTEREST TO END OF the assessment roll. At any time prior to November YEAR: 15 of any year, the owner may prepay to the Treasurer the whole assessment remaining due with interest accrued to December 31 of the year in which the prepayment is made. " "' INTEREST RATE: If the assessment is not prepaid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 5.75 %. Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such resolution. DATED: May _, 2004. BY O HE CITY COUNCIL /sl Clerk EXHIBIT B CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE OF HEARING ON THE PUBLIC IMPROVEMENTS AND ASSESSMENTS FOR LIGHTING AND PATHWAY RviPROVEMENTS OF 2004 (PHASE -I) TO: [Specify owner, VSSA Housing and Community Services LLC address and 3220 Lake Johanna Blvd. parcels] New Brighton, MN 55112 Parcels #0502920240006 and 0502920130004 TIME AND PLACE Notice is hereby given that the City Council of the GENERAL NATURE OF City of Oak Park Heights, Minnesota, will meet in IMPROVEMENTS: the City Hall in the City of Oak Park Heights, Minnesota, on the 22nd day of June, 2004, at 7:00 • o'clock P.M. to consider objections to the proposed assessments for Lighting and Pathway Improvements of 2004 heretofore ordered by the City Council. ASSESSMENT ROLL The proposed assessment roll is on file with the OPEN TO INSPECTION: City Clerk and open to public inspection. AREA PROPOSED TO BE ASSESSED: The area proposed to be assessed consists of every lot, piece or parcel of land benefited by said improvement, which has been ordered made and is as follows: Parcel 0502920210032/33 The Shoppes of Oak Park Heights LLC; and ,VSSA housing and Community Services LLC parcels #0502920130004 and 0502920240006; all located in the City of Oak Park Heights, Minnesota. TOTAL AMOUNT OF The total amount proposed to be assessed is PROPOSED ASSESSMENT: $133,871.38 WRITTEN OR ORAL Written or oral objections will be considered at OBJECTIONS: the hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Washington County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of any APPEAL: assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, ASSESSMENTS: Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. However, the City has elected not to establish any deferment procedure pursuant to those Sections. SPECIFIC AMOUNT TO The amount to be specifically assessed against your BE ASSESSED: particular lot, piece of parcel of land is: a. Street Lighting 58th Street North $14,622.36 PREPAYMENT: You may prepay the entire assessment to the Treasurer of the City until the assessment roll is certified to the County Auditor; after certification to the County Auditor, prepayments of the entire amount remaining due may be made to the 0 • Treasurer at any time prior to November 15 of any year." NO PARTIAL The City Council has not authorized the partial PREPAYMENT prepayment of assessments prior to certification of the assessment or the first installment thereof to the County Auditor. No interest shall be charged if the entire assessment ...... INTEREST, OR WITH is paid within 30 days from the adoption of the INTEREST TO END OF the assessment roll. At any time prior to November YEAR: 15 of any year, the owner may prepay to the Treasurer the whole assessment remaining due with interest accrued to December 31 of the year in which the prepayment is made. INTEREST RATE: If the,assessment is not prepaid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of %. Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such resolution. DATED: May , 2004. J BY R E CITY COUNCIL /s/ i lerk RESOLUTION NO. 2004-05-25 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF MARK POWELL AS COMMISSIONER ON THE OAK PARK HEIGHTS PLANNING COMMISSION FROM 2002 -2004 WHEREAS, Mark Powell has served as a Planning Commissioner for the City of Oak Park Heights from 2002 to 2004; and WHEREAS, the City Council of the City of Oak Park Heights relies upon the recommendations of the Planning Commission to assist in shaping the vision of the City's development and growth; and WHEREAS, prior to Mark Powell's service to the City, Mark served in the United States Coast Guard, traveling the Pacific Ocean from San Diego, California and Kodiak, Alaska, and WHEREAS, Mark Powell has worked to assist the City of Oak Park • Heights in shaping the vision of the City's development and growth through his many hours of participation as a Commissioner; and WHEREAS, Mark Powell's contribution of time, effort and dedication to the Planning Commission has been valuable and sincerely appreciated. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights commends Mark Powell for his dedication and commitment to the interests of the citizens of the City of Oak Park Heights. Passed by the City Council of the C' of rk Heights 5th day of May 2004. ud , Mayor ATT ric Johnson City Administ r • RESOLUTION NO. 2004-05-26 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ROLLIE STABERG AS PUBLIC WORKS EMPLOYEE IN THE CITY OF OAK PARK HEIGHTS FROM 1989 -2004 WHEREAS, Rollie Staberg served in the Public Works Department of the City of Oak Park Heights from May 1989 to May 2004; and WHEREAS, during this period, Rollie Staberg respectfully served the citizens of Oak Park Heights in an outstanding manner, and WHEREAS, the City Council of Oak Park Heights recognizes the dedication and contributions of Rollie Staberg in making this community a wonderful place to work and reside in. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights recognizes and commends Rollie Staberg for his • service, dedication and commitment to the interests of the citizens of the City of Oak Park Heights. Passed by the City Council of the City of Oa k Heights this 2 day of May 2004. Davi eau et, ayor A c Johnson City Administ or • r • RESOLUTION NO. 04 -05 -27 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 AUTO CLINIC FOR A CONDITIONAL USE PERMIT TO ALLOW FOR AUTO REPAIR USE IN THE B -3 DISTRICT AT 12430 55 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Stillwater Auto Clinic for a conditional use permit to allow for auto repair use in the B -3 District at 12430 55 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 of the City of Oak Park Heights makes the following findings of fact and resolution: • 1. follows, to wit: The real property affected by said application is legally described as and SEE ATTACHMENT A 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 site is zoned B -3, Highway Business and Warehousing District in which auto repair use is a conditional use; and request; and 4. City staff prepared a planning report dated May 6, 2004 reviewing the 5. Said report recommended approval of the conditional use permit subject to the fulfillment of conditions; and • • 6. The Planning Commission held a public hearing at their May 13, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of 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 from Stillwater Auto Clinic for a conditional use permit to allow for auto repair use in the B -3 District at 12430 55 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 subject to the following conditions: 1. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 2. There shall be no exterior storage of automobile parts, parked cars, or related items on the • site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 3. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 4. The applicant shall receive and retain, if required, a Hazardous Generators License from Washington County for the Stillwater Auto Clinic operation. 5. All proposed signage shall be in compliance with Section 401.15.G of the Zoning Ordinance. 2004. Approved by the City Council of the Ci f Oak e hts this 25t of May D eau t or /AT ity Administrator 2 • Exhibit "A" Washington County GEO Code: 06- 029 -20 -24 -0004 Legal Description: Lot 2, Block 2, Kern Center Addition (Plat 78291) • • ATTACHMENT B Conditional Use Permit Stillwater Auto Clinic- Auto Repair Use 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) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: NA Planning Commission Public Hearing & Recommendation: May 13, 2004 Required Approvals: pP s. 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. 04 -05 -2g CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY THE SHOPPES OF OAK PARK HEIGHTS LLC FOR A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOTIVE TIRE STORE AT THE SECOND PHASE OF THE SHOPPES OF OAK PARK HEIGHTS AT 60 STREET AND NORELL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from The Shoppes of Oak Park Heights, LLC for a conditional use permit to allow an automotive tire store at the second phase of the Shoppes of Oak Park Heights at 60 Street and Norell 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 the City of Oak Park Heights makes the following findings of fact and resolution: 1. follows, to wit: The real property affected by said application is legally described as 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 site is zoned B -2, General Business District in which commercial business is a permitted use. A conditional use permit is required to allow automotive repair and tire stores; and 4. City staff prepared a planning report dated April 1, 2004 reviewing the request for the application; and 5. Said report recommended approval of the conditional use permit subject to • the fulfillment of conditions; and a • 6. The Planning Commission held a public hearing at their April 8, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of conditions; and 7. The City Council discussed the conditional use permit at their April 27, 2004 meeting and tabled discussion until the May 25, 2004 meeting to allow the applicant to provide additional information. 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 The Shoppes of Oak Park Heights, LLC for a conditional use permit to allow an automotive tire store at the second phase of the Shoppes of Oak Park Heights at 60 Street and Norell Avenue North and affecting the real property as follows: SEE ATTACHMENT A B. And the City makes the following findings: 1. The visual appearance of the site and building shall be enhanced if the service • doors are kept closed, except when vehicles are being moved in and out of the building. 2. Landscape screening alone, especially during the winter months, will not effectively screen the service area from the adjoining Ruby Tuesday's restaurant and Eagles picnic area. 3. Keeping the doors closed will contain any external impact that may result from the Discount Tire operations. Be and the same as hereby approved by the City Council of the City of Oak Park Heights is the following: A. Conditional use permit for an automotive tire store in the B -2, General Business District Subject to the following conditions: 1. The solid overhead service doors on the east fagade of the Discount Tire building should be replaced with partial glass doors, subject to review and approval of City staff. . 2. The Planning Commission recommends that a variance be granted for signage to allow only the following wall signs at Discount Tire: 2 • Discount Tire: One 98 square foot lighted sign on the north elevation One 98 square foot lighted sign on the east elevation One 98 square foot unlighted sign on the west elevation 3. The applicant shall receive and retain, if required, a Hazardous Generators License from Washington County for the Discount Tire operation. 4. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 5. There shall be no exterior storage of automobile parts, parked cars, or related items on the site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 6. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. Approved by the City Council of the City of Oak eights this 25th o May • 2004. David Beaudet, ayor AT ST• Eric A. John , City Administrator • 3 ATTACHMENT A Washington County GEO Code: 05- 029 -20 -21 -0032 Legal Description: Outlot A, THE SHOPPES OF OAK PARK HEIGHTS • • ATTACHMENT B Planned Unit Development (PUD): Concept Plan Review THE SHOPPES OF OAK PARK HEIGHTS — PHASE II 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) Conference With City Staff Upon Application Submittal: February 25, 2004 Planning Commission Public Hearing & Recommendation: March 11, 2004 • Required Approvals: PUD: General Concept Planning Commission 4/5 City Council 4/5 PUD: General Concept — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and /or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) 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) • RESOLUTION NO. 04 -05 -29 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 INTERIM USE PERMIT TO ALLOW FOR AN ADMINISTRATIVE OFFICE TRAILER COMPLEX AT THE ALLEN S. KING GENERATION PLANT LOCATED ON HIGHWAY 95 BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Xcel Energy for an interim use permit to allow for an administrative office trailer complex at the Allen S. King Generation Plant located on Highway 95; 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 subject site is zoned I, Industrial District. The interim use permit approval is contingent on the approval of a Zoning Ordinance amendment to allow temporary office and administrative structures as an interim use in Section 401.32.0 of the Zoning Ordinance; and 4. City staff prepared a planning report dated May 7, 2004 reviewing the request; and 5. Said report recommended approval of the interim use permit, contingent • upon the amendment of Section 401.32.G of the Zoning Ordinance to allow temporary offices and administrative structures as an interim use and subject to the fulfillment of conditions; and • 6. The Planning Commission held a public hearing at their May 13, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of 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 interim use permit to allow for an administrative office trailer complex at the Allen S. King Generation Plant located on Highway 95 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. The Zoning Ordinance be amended to allow temporary office and administrative structures as an interim use in Section 401.32.C. • 2. The administrative office trailer complex shall be removed from the A.S. King Plant property on or before July 1, 2009. The site shall be returned to a usable condition subject to review and approval of the Building Official once the trailers have been removed. 3. The site plan shall be revised to include at least 32 parking spaces, subject to review and approval of City staff. Parking shall be allowed on a gravel surface. 4. The freestanding lighting shall be designed so as to be no more than a total of 25 feet. All building wall packs shall be full cut off fixtures. 5. The applicant shall provide plans for trash handling. 6. All grading and drainage plans and utility connections shall be subject to review and approval of the City Engineer. 7. No Design Guidelines review shall be required for this structure. 8. The plans and hydrant locations shall be subject to review and approval of the City Building Official and Fire Marshal. The temporary structure shall not require an automatic sprinkler system. • 9. The plans shall be subject to review and approval of the Department of Natural Resources and any other regulatory agency, as applicable. 2 • 10. All City permits required for fill shall be obtained as e p r City ordinances prior to building permit issuance. e City of Oak P Heights this 25th day of y 2004. Approved by the City Council of the uudet, ayor AT S : c . Johnso City Administrator • • 3 • Exhibit "A" A.S. King Plant —1103 King Plant Road Washington County GEO Code: 02- 029 -20 -23 -0004 Legal Description: Entire Gov't Lots 2 & 3, Section 2, T29, R20 as included in NSP Torrence RT of Title #44483 • • ATTACHMENT B °r Conditional Use Permit Xcel Energy /A.S. King Plant — Temporary Administrative Offices Use 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) Conference With City Staff Upon Application Submittal: April 21, 2004 Planning Commission Public Hearing & Recommendation: May 13, 2004 • Required Approvals: pprovals: 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) • 1 • RESOLUTION NO. 04 - 05 -30 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 RIVER VALLEY RENTALS, LLC FOR A MIXED USE, PUD CONCEPT PLAN FOR A 32 UNIT RESIDENTIAL CONDOMINIUM BUILDING AND TWO OFFICE BUILDINGS LOCATED EAST OF OSGOOD AVENUE AND SOUTH OF HIGHWAY 36 BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from River Valley Rentals, LLC for a mixed use, PUD concept plan for a 32 unit residential condominium building and two office buildings located east of Osgood Avenue and south of Highway 36; 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 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 site is zoned a combination of B -2, General Business District on the northern portion of the site and R -B, Residential Business /Transitional District on the south; and 4. The planned unit development has been requested to allow multiple buildings on one property and the shared access and parking arrangement of the proposed site plan; and • 5. City staff prepared a planning report dated March 5, 2004 and April 1, 2004 reviewing the request for the PUD concept plan; and 6. The April 1, 2004 planning report recommended approval concept plan subject to the fulfillment of conditions; and pp of the PUD 7. The Planning Commission held a public hearing at their March 11, 2004 and April 8, 2004 meetings, took comments from the applicants and public, closed the public hearing, and recommended that the applications be approved subject to the fulfillment of conditions; and 8. The City Council, at their April 27, 2004 meeting, reviewed the Planning Commission recommendations and asked the applicant to provide additional information for their May 25, 2004 meeting. 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 River Valley Rentals, LLC for a mixed use, PUD concept plan for a 32 unit residential condominium building and two office buildings located east of Osgood Avenue and south of Highway 36 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. The City's Land Use Plan be amended to accommodate the proposed residential use component of the project. 2. The applicant demonstrate eligibility for the residential density bonus. 3. The concept site plan is approved with a minimum 25 foot front yard setback to the property lines. 4. As part of the PUD development stage plan submissions, a detailed tree inventory and landscape plan be submitted. As part of the landscape plan submission, particular attention should be given to the screening of the swimming pool area from the adjacent private roadway and residences. 5. Issues related to grading, drainage and utilities be subject to comment and recommendation by the City Engineer. 6. The labeling of the condominium building elevations on the site plans be corrected. • 2 7• The applicant shall address the usability of the row end parking stalls within condominium building's underground parking gara e as the development submission. g part of general plan of 8 . As part of the PUD general plan of development submission, the applicant provide details of the trash enclosure. The enclosure materials shall be consistent with the materials used on the condominium building. 9. With the general plan of development, the applicant submit information relate lighting and signage. d to 10. The stormwater plan and any changes to the existing pond shall be subject to review approval of the Minnesota Pollution Control Agency. and 11. A MnDOT access permit shall be required. A copy of the permit shall be submitt the City prior to issuance of building permits. ed to 12. Developer shall work with the East Oaks residents prior to general plan of development submittal related to landscape berming and drainage issues on the south property liin the subject site. • 2004. Approved by the City Council of t e it a eig is this th da of May J or A ST: Eric A. J so , City Administrator • 3 ATTACHMENT A Washington County GEO Code: 04- 029 -20 -11 -0051 Legal Description: Outlot A, CIC Number 98 EAST OAKS TOWNHOMES • • ATTACHMENT B .R� Planned Unit Development (PUD): Concept Plan Review EAST OAKS 2ND 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) Conference With City Staff Upon Application Submittal: February 25, 2004 Planning Commission Public Hearing & Recommendation: March 11, 2004 Required Approvals: PUD: General Concept Planning Commission 4/5 City Council 4/5 PUD: General Concept — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and /or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) 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) RESOLUTION NO. 04 -04 -3 • CITY COUNCIL CITYG ON COUNTY, WASHIN INNE SO A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITF OAK COUNCIL HEIGHTS LLC REQUEST BY THE SHOPPES O FOR A CONCEPT AND GENERAL PLAN OF DE pppESMOF T THE TO ALLOW THE SECOND PHASE OF D NO OAK PARK HEIGHTS AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from The Shoppes of Oak Park Heights, LLC for concept an d general plan of development, subdivision a pproval for the Shoppes of Oak Park Heights 2nd Addition and t varian at 60th d Norell Avenue e pp s o f Oak Park Heights to allow the second phase of the Sha relative thereto, the Planning Commission of North; and after having conducted a public h ear ons be approved with conditions. The City Oak Park Heights recommen that ct and resolution: • Council makes the following findings of fa 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The app has submitted an application an d supporting documentation to the Community Development Department consisting of th e following ite ms: SEE ATTACHMENT B and 3. The subject site is zoned B -2, General Business District in which commercial business is a permitted use. A PUD is required to accommodate the phased all development and to ow shared access and parking, and 4 City staff prepared a planning report dated April 1, 2004 reviewing the request for the application; and recommended approval of the PUD subject to the fulfillment 5. Said report • of conditions; and i n Commission held a public hearing at their April 8, 2004 6 The Planni g ubli fillment of conditions. c, closed the public hearing, and ents from the applicants and P meeting, took comet •cations be approved subject to the f recommended that the apple OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR N THAT THE CITY COUNCIL APPROVES THE THE CITY OF OAK PARK HEIGHTS FOLLOWING: s , LLC for concept and The Sho Park Heights, A The application submitted ppes of Oak iv a p p roval for the ShoppeS of Oak Park Heights 2 base of the ShoppeS of Oak general plan of development, subdivision nage to allow the second he real property as follows: Addition and a v �ance for additional sign g i is at 6e Street and Norell Avenue North and affecring Park He gh SEE ATTACHMENT A Heights is the ed the City Council of the City of Oak Park Be and the same as hereby aPP rov following: al p of approval, ShoppeS of Oak park planned Unit Development — concept and gener A. nd Heights, Phase 2 B. Subdivision approval fora plat referred to as The ShoppeS of Oak park Heights Addition. signa e than which is allowed under Section 401.15.G C allow ance to allow additio g signs, of the Zoning Subject to the following conditions: and approval of the uired easements shall be subject to review 1 • The final plat and all req City Engineer, City Attorney and MnD roval of the City Engineer, to p shall be revised, subject to review and app 2 The site p lanes from the main access at 60 Street. w and appro incorporate two exiting by the The grading, d and erosion control Plans are subject to revie 3. and Browns Creek Watershed District. City Engineer ineer. utility and approval of the City Eng 4 The u ty P lans are subject to review asph and other improvements at the Cimti station nee b e d Removal and restoration of approval of the 5• eview and the applicant's ex pense and subject to r Public Works Director- 2 • Resolution #04 -06 -32 CITY OF OAK PARK HEIGHTS COUNTY OF WASHINGTON STATE OF MINNESOTA A RESOLUTION AUTHORIZING AND DIRECTING THE PLACEMENT OF NO PARKING SIGNS UPON PORTIONS OF OXBORO AVE, PROHIBITING PARKING WITHIN TWENTY -FIVE FEET FROM THE OAK PARK APARTMENTS ENTRANCE AND EXIT Whereas the City of Oak Park Heights wishes to ensure the proper ingress and egress onto its public streets, and; Whereas, the Chief of Police has recommended to the City Council parking restrictions to serve the public safety as it affects Oxboro Avenue in proximity to the Washington County Government Center; and Whereas the entrance and exit to the Oak Park Apartments does not adequately have • proper lines of sight for such ingress and egress onto Oxboro Avenue due to the proximity of existing on- street parking. THEREFORE, BE IT NOW RESOLVED that the City, through its Public Works Department, shall install the necessary signage and/or curb markings precluding parking on the western side of Oxboro Ave within twenty -five feet of the entrance /exit of the Oak Park Apartments located at 6120 Oxboro Ave. Passed by the City Council for the City of Oak Park Heights this 22 °a day of June 2004. By TtCity Counci David Beaudet, Mayor T T. ric A. Jo on City A strator • RESOLUTION NO. S 4- Q h- 3 3 • 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 DOOM AND THORBUS AUTOMOTIVE CONSULTANTS FOR A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR AUTO SALES AT 14398 59 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Doom and Thorbus Automotive Consultants for a Conditional Use Permit to allow outdoor auto sales at 14398 59 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 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 site is zoned B -2, General Business District in which outdoor auto sales is a conditional use; and 4. City staff prepared a planning report dated June 3, 2004 reviewing the request; and 5. Said report recommended approval of the conditional use permit subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their June 10, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the applications be approved subject to the fulfillment of conditions. 12. The property owner shall develop a plan to screen the trash dumpsters, subject to review and approval of City staff. The approved screening plan shall be installed 90 days following City Council approval of the conditional use permit. 13. One additional disability accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff. 14. The tenant may designate up to five parking spaces for exclusive use of the auto sales business. 15. The Police Department and Public Works Department shall review the site and make a recommendation regarding on- street parking and loading access for 59 Street North, Olene Avenue North, Olinda Avenue North, and 60 Street North. 16. The property owner shall stripe 41 parking stalls on the property. 17. No on -street parking is allowed for this business. 18. This conditional use permit shall be reviewed in one year to determine if the business is in conformance with these conditions of approval. 19. If the exterior lighting on the building is non - conforming, it shall be brought into compliance with City standards. Approved by the City Council of the City of Oak Park Heights this 22 °d day of June 2004. D4Wa t,� llayor X so Ci Administrator • 3 e � RESOLUTION NO 04-06-34 • 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 LARRY PHILLIPS FOR A REZONING OF USTRIAL TO AT 5272 STAGECOACH TRAIL NORTH FROM , R-1, SINGLE FAMILY RESIDENTIAL DISTRICT BE DENIED AND THAT A VARIANCE FROM SECTION 401.15.A.7 OF THE ZONING ORDINANCE TO ALLOW A SINGLE FAMILY RESIDENCE TO BE CONSTRUCTED ON SAID PROPERTY BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Larry Phillips for a rezoning of property at 5272 Stagecoach Trail North from I, Industrial to R -1, Single Family Residential District and a variance from Section 401.15.A.7 of the Zoning Ordinance to allow a single family residence to be constructed on said property; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights • recommended that the rezoning be denied and the variance 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: 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 site is zoned I, Industrial in which existing single family residences are a non - conforming use; and 4. Mr. Phillips has requested a rezoning from I, Industrial District to R -1, Single Family Residential District; and 5. The Comprehensive Plan designates this area for Highway Business/ • Warehouse use; and • 6. There is no R, Residential zoned property adjacent to the subject site; and 7. Rezoning the subject site from I, Industrial District to R -1, Single Family Residential District would be considered spot zoning that would not be permissible under the Zoning Ordinance of the City of Oak Park Heights; and 8. City staff prepared a planning report dated June 3, 2004 reviewing the request; and 9. Said report recommended that the request of the applicant to rezone from I, Industrial District to R -1, Single Family Residential District be denied; and - 10. The City Building Official has determined, as outlined in a March 31, 2004 letter to Mr. Phillips, that the property was destroyed by more than fifty (50) percent of its fair market value; 11. A variance from Section 401.15.A.7 of the Zoning Ordinance is required to construct a single family residence on the subject site; and 12. City staff recommended that the Planning Commission consider a variance from Section 401.15.A.7 of the Zoning Ordinance to allow a single family residence to be constructed on the subject site which is zoned I, Industrial District; and • 13. The Planning Commission held a public hearing at their June 10, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the rezoning request be denied and the variance from Section 401.15.A.7 be approved subject to the fulfillment of conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL RECOMMENDS THE FOLLOWING: Related to application submitted by Larry Phillips for a rezoning of property at 5272 Stagecoach Trail North from I, Industrial to R -1, Single Family Residential District and a variance from Section 401.15.A.7 of the Zoning Ordinance to allow a single family residence to be constructed on said property and affecting the real property as follows: SEE ATTACHMENT A A. Denial of the rezoning from I, Industrial to R -1, Single Family Residential District based upon the following findings: • 2 • 1. The surrounding zoning districts to the subject property are O, Open Space Conservation and I, Industrial. 2. The Comprehensive Plan for the City of Oak Park Heights designates the land use for this area as Highway Business/Warehouse. 3. Rezoning the subject site from I, Industrial to R -1, Single Family Residential District would constitute a spot zoning, which is not permitted under Section 401, the Zoning Ordinance of the City of Oak Park Heights. B. Approval of a variance from Section 401.15.A.7 of the Zoning Ordinance to allow a single family residence to be constructed on the subject site subject to the following findings of fact: 1. The subject site has existed as a single family property before the City of Oak Park Heights designated a Highway Business /Warehouse Comprehensive Plan land use designation or zoned the property industrial. 2. Use of the property for industrial purposes is limited and difficult by the size of the lot and the access /site lines for the property. 3. The hardship and need for the variance was created by a fire which constitutes a special condition or circumstance not resulting from the actions of the property • owner. 4. Use of the site for a single family residence is a reasonable use of the property. 5. The 2004 Minnesota Legislature enacted legislation effective after the date of the fire which favors reconstruction of pre - existing nonconforming structures that are more than 50 percent destroyed. C. Approval of the variance from Section 401.15.A.7 of the Zoning Ordinance with the following conditions: 1. The property is reconstructed exclusively as a single family dwelling. 2. The well and septic system will be tested with results forwarded to the City before issuance of a building permit. If a new well or septic system is required for the property, they shall be constructed and operational before a Certificate of Occupancy is issued by the Building Official. 3. All setbacks of the applicable zoning district shall be complied with for a new structure. • 3 4. The property shall be in compliance with floodplain regulations, and shall be subject to review and approval of the City Engineer and Middle St. Croix Watershed District. 5. A building permit shall be issued for a single family structure on the subject site no later than July 1, 2005 and the structure shall be completed with a certificate of occupancy issued by July 1, 2006. D. The City Council directs the Planning Commission to conduct a planning study, including a Comprehensive Plan and zoning analysis, for that area along Stagecoach Trail North currently zoned I, Industrial; B -W, Business/Warehouse; and R -2, Low d Medium Density Residential. Approved by the City Council of the Ci of Oak P k Heights this 2n day of June 2004. r Davi e , Mayor TES . ric . ohns ity Administrator • 4 EXTRACT OF MINUTES OF MEETING OF THE • CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: JUNE 22, 2004 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota was duly called and held at the City Hall in said City on the 22nd day of June, 2004, at 7:00 o'clock P.M. The following members were present: Mayor: David Beaudet Councilpersons:Mary McComber Mark Swenson Les Abrahamson . Jack Doerr and the following were absent: none The Council received bids on construction of Lighting and Pathway Improvements of 2004 in the City, and after publicly opening, tabulating and analyzing said bids, proceeded to consider said bids. The following bids were received: See Attached Bid Tabulation H -1 970813v2 After discussion, member Beaudet introduced the following resolution and moved its i adoption: Resolution No. 0 4- 0 6- 3 5 City of Oak Park Heights Washington County, Minnesota RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON LIGHTING AND PATHWAY IMPROVEMENTS OF 2004 BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: 1. All bids on construction of Lighting and Pathway Improvements of 2004 are hereby received and tabulated. 2. The bid of Tower Asphalt, Minnesota in the amount of $124,622.50 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and shall be and hereby is accepted. 3. The Mayor and Administrator are hereby authorized and directed to enter into a • contract with said bidder for the construction of said improvements for and on behalf of the City. 4. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. The motion for the adoption of the foregoing resolution was duly seconded by member Jack Doerr and upon a vote being taken thereon, the following voted in favor thereof: Mayor David Beaudet, Councilpersons Mary McComber, Jack Doerr, Les Abrahamson and Mark Swenson and the following voted against the same:None Whereupon said resolution was declared duly passed and adopted. • H -2 970813v2 STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss CITY OF OAK PARK HEIGHTS) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held on the date therein indicated with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom, insofar as the same relates to the resolution awarding contract on Lighting and Pathway Improvements of 2004. r ,n WITNESS my hand as such Administrator and the seal of said City this Z 2 day of N E 9 2004. it Administrat (SEAL) H -3 970813v2 eonostroo Rosene Anderlik and Associates Inc Is an Affirmative Action /Equal Opportunity Employer Bonestroo and Employee Owned Rosene Principals: Otto G Bonestroo. RE • Marvin L Sorvata PE • Glenn R Cook PE • Robert G Schumcht PE Jerry A Bourdon PE • Mark A Hanson PE Anderlik & Senior Consultants: Robert W Rosene RE • Joseph C Anderlik P.E • Richard E Turner P.E Susan M Eberlin C PA Associates Associate Principals: Keith A Gordon PE • Robert R Pfcffcrlc PE • Richard W Foster. PE • David O Loskota. PE Michael T Rautmann PE • Ted K Field P.E • Kenneth P Anderson PE • Mark R Rolls P.E • David A Bonestroo M 8 A Sidney P Williamson PE L S • Agnes M Ring M B A • Allan Rick Schmidt. P.E • Thomas W Peterson. PE Engineers & Architects James R Maland PE Miles B Jensen RE L Phillip Gravel III PE • Daniel J Edgerton, RE • Ismael Melliner P.E Thomas A Syfko PE Sheldon 1 Johnson • Dale A Grove PE • Thomas A Roushar PE • Robert J ()every PE Offices: St Paul St Cloud Rochester and Wllim•ir MN • Milwaukee WI • Chicago IL Websito: wwwboneslroo con, June 17, 2004 Honorable Mayor and City Council City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082 -3007 Re: 2004 Lighting and Pathway Improvement Project Project File No 55 -03 -133 Recommendation of Contract Award Bids were opened for the Project stated above on Thursday, June 17, 2004 at 11:00 A.M. Transmitted herewith are ten (10) copies of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of 3 Bids. The following summarizes the results of the Bids received: Contractor Bid Amount Low Tower Asphalt. Inc. $ 124,622.50 #2 Knish Corporation $124,871.00 #3 Magnum Company LLC $125,614.60 The low Bidder on the Project was Tower Asphalt, Inc. with a Base Bid of $124,622.50. These Bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this type of Project. If the City Council wishes to award the Project to the low Bidder, then Tower Asphalt, Inc. should be awarded the Project on the Base Bid Amount of $124,622.50. Should you have any questions, please feel free to contact me at (651) 604 -4815. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Dennis M. Postler, P.E. Enclosures 2335 West Highway 36 ■ St. Paul, MN 55113 a 651-636 • Fax: 651 -636 -1311 Sonestroo Project Name: 2004 Lighting and Pathway Improvement Protect t hereby certify that this is an exact Rosene 0 Anderlik & Protect No.: File No.: 55-03 -133 reproduction of bids received. Associates Engineers & Architects Bid Opening: Thursday, June 17, 2004 at 11:00 AM Owner. City of Oak Park Heights De��M M. r, P.E. Registration No. 22011 Bidder No.1 Bidder No. 2 Bidder No. 3 BID TABULATION Tower Asphalt Inc Knish Corporation Magnum Company LLC Item Item Units Qty Unit Price Total Unit Price Total Unit Price Total Num . BASE BID: 1 MOBILIZATION LS 1 $6,850.00 $6,850.00 $5,000.00 $5,000.00 55,000.00 $5,000.0 2 SALVAGE AND REINSTALL SIGN EA 9 $100.00 $900.00 $50.00 $450.00 $115.00 $1,035.00 3 REMOVE AND REPLACE CONCRETE CURB AND GUTTER LF 335 $22.00 $7,370.00 S25.00 $8,375.00 $17.80 S5,963.00 4 COMMON EXCAVATION LS 1 $7,500.00 $7,500.00 $85.00 $85.00 $12,500.00 $12,500.00 5 AGGREGATE BASE, CLASS 5,100% CRUSHED -TRAIL OR SIDEWALK TN 855 $15.00 $12,825.00 $20.00 517,100.00 $19.75 $16,886.25 6 6" CONCRETE SIDEWALK SF 6800 $3.00 $20,400.00 $3.00 520,400.00 $2.61 $17,748.00 7 CONCRETE PEDESTRIAN CURB RAMP SF 1180 S4.00 $4,720.00 $5.00 $5,900.00 $3.73 $4,401.40 8 TRUNCATED DOME PANEL SF 252 S35.00 $8,820.00 $25.00 $6,300.00 522.80 $5,745.60 9 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 170 $50.00 $8,500.00 $40.00 $6,800.00 $65.00 $11,050.00 50.0 $450.00 1JUST MANHOLE AND CASTING 3 11 3fi ZEBRA CROSSWALK, WHITE EPDXY SF 140 5 $1 0 5.00 $2,100.00 51 $5. 0 75 $805.00 5 $10 90 51,526.00 12 SIGN PANELS, TYPE C, HIGH INTENSITY SF 55.5 $25.00 $1,387.50 $33.00 $1,831.50 $39.00 $2,164.50 13 1 1i2" PVC CONDUIT, SCH, 40 LF 1290 $4.00 $5,160.00 $4.60 $5,934.00 $4.45 $5.740.50 14 #6AWGWIRE LF 1290 $3.50 $4,515.00 $3.70 $4,773.00 $2.22 $2,863.80 5 SERVICE CABINET EA 1 $5,000.00 $5,000.00 $5,700.00 $5,700.00 $5,504.00 $5,504.00 1 0.00 $2,600.00 $690.00 $2,760.00 $667.20 $2,668.80 1 5 LIGHT BASE A AND B EA 4 $65 0.00 $8,400.00 $3,100.00 $9,300.00 $3,011.00 $9,033.00 17 LIGHTING UNIT A EA 3 $2 18 LIGHTING UNIT B EA 1 $2,800.00 $2,800.00 $3,100.00 $3,100.00 S3,011.00 $3,011.00 19 CONCRETE EQUIPMENT PAD EA 1 51,000.00 $1,000.00 $1,5 $1,500.00 $6 $667.00 20 SODDING, LAWN TYPE SY 2265 $3.50 $7,927.50 $5.50 $12,457.50 $2.65 $6,002.25 21 SEEDING AC 0.5 $2,500.00 $1,250.00 $1,500.00 $750.00 $2,500.00 $1,250.00 22 SILT FENCE, REGULAR LF 950 S2.25 $2,137.50 $3.00 $2,850.00 $2.35 $2,232.50 23 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 6 $110.00 S660.00 $125.00 $750.00 $127.00 $762.00 24 SKIDSTEER (BOBCAT) WITH OPERATOR HR 12 $50.00 $600.00 $125.00 $1,500.00 $65.00 5780.00 TOTAL BASE BID $124,622.50 $124,871.00 $125,614.60 Contractor Name and Address: Tower Asphalt Inc Knish Corporation Magnum Company LLC PO Box 15001 14127 Groveiand Trail 7309 Lake Or Lakeland, MN 55043 Lonsdale, MN 55046 Lino Lakes, MN 55014 Phone: (651) 436 -8444 (507) 333 -2677 (651) 255 -3000 Fax (651) 436 -6515 (507) 333 -3901 (651) 255 -2626 Signed By: Michael J. Lauer Randy Knish Ronald A. Hack Title: President President President Bid Security: Bid Bond Bid Bond Bid Bond Addenda Acknowledged: None None None 5501133BT.xiss t • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: JUNE 22, 2004 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota, was duly called and held at the City Hall in said City on the 22nd day of June, 2004, at 7:00 o'clock P.M. The following members were present: Mayor, David Beaudet; Councilpersons: Jack Doerr, Mary McComber, Mark Swenson and Les Abrahamson and the following were absent: None The meeting was held pursuant to resolution adopted Mayl 1, 2004, calling a public hearing on the proposed 2004 Lighting and Pathway Improvements and assessments in said City, as more particularly described in the Notice of a Public Hearing ordered at said May 11, 2004 • meeting, a copy of which is attached hereto. The Administrator presented affidavits showing the due publication and mailing of the Notices of Hearing and the Mayor announced that the Council would hear all persons who cared to be heard for or against the improvements as outlined in the Notice of Hearing. All persons present were afforded an opportunity to present their views and objections to the making of said improvements, and no objections were presented, except as follows: Name of Objector Provertv Objection NONE Member Beaudet introduced the following resolution and moved its adoption: • E -1 970813v2 RESOLUTION No. 04-06-36 • City of Oak Park Heights Washington County, Minnesota RESOLUTION ORDERING IMPROVEMENTS AND ASSESSMENTS WHEREAS, after due Notice of Public Hearing on the construction of improvements for the City of Oak Park Heights, Minnesota, hearing on said improvements and the assessments thereof was duly held and the Council heard all persons desiring to be heard on the matter and fully considered the same; and WHEREAS, at said hearing there was available a reasonable estimate of the amount to be assessed and a description of the methodology, in the form attached hereto as Exhibit A: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota as follows: 1. Said improvements are necessary, cost - effective, and feasible as detailed in the feasibility report. 2. It is advisable, expedient and necessary that said improvements as described in the Notice of Hearing thereon be constructed, and the same are hereby ordered made. • 3. The improvements described in said Notice of Hearing are hereby designated and shall be known as Lighting and Pathway Improvements of 2004. 4. The City Council shall let the contract for all or part of the work for said improvements or order all or part of the work done by day labor or otherwise as authorized by Minnesota Statutes, Section 429.041, Subdivision 2 within one year of the date of this resolution ordering said improvements. 5. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefited by the proposed improvement. 6. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments including principal and interest extending over a period of 3 years, with interest at the rate of 5.75 percent per annum, in the amount annually required to pay the principal over such period at such rate, the first of said installments to be payable with general taxes for the year 2005, collectible with such taxes during the year 2005. Interest shall accrue from and after November 30, 2004. • E -2 970813v2 b. The owner of the property so assessed may at any time prior to the certification . of the assessment to the County Auditor, pay to the City Treasurer, and thereafter at any time prior to November 15 of any year pay to the County Auditor, the whole of the principal amount of the assessment on such property provided that no such prepayment shall be accepted without payment of all installments due to and including December 31 of the year of prepayment, and the original principal amount reduced only by the amounts of principal included in such installments computed on an annual amortization basis. 7. The City Administrator shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. The motion for the adoption of the foregoing resolution was duly seconded by member McComber and upon a vote being taken thereon, the following voted in favor thereof: Mayor David Beaudet, Councilpersons Mary McComber, Les Abrahamson, Mark Swenson, and Jack Doerr and the following voted against the same: None • Whereupon said resolution was declared duly passed and adopted. • E -3 970813v2 • STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss CITY OF OAK PARK HEIGHTS) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the ordering and directing preparation of final plans and specifications of Lighting and Parkway Improvements of 2004 in said City. WITNESS my hand and the seal of said City this 22nd y of June, 2004. Z C!intyAdministr (SEAL) • E -4 970813v2 ASSESSMENT ROLL • CITY OF OAK PARK HEIGHTS LIGHTING AND PATHWAY IMPROVEMENTS OF 2004 (PHASE -I) Available at Hearing Held June 22, 2004 1.The Shoppes of Oak Park Heights LLC (PIN # 0502920210032and 33) a. Krueger Lane Sidewalk $ 43,683.75 b. Norell Ave North Pathway $41,140.00 c. Krueger 58th and Norell Street Lighting $34,377.14 2. VSSA Housing and Community Service LLC (PIN # 0502901300004 and 0502920240006) a. Street Lighting 58th Street North $14,622.36 • E -5 970813v2 RESOLUTION 04 -07 -37 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION SUPPORTING COUNTYWIDE ASSESSMENT PROPOSAL WHEREAS, Minnesota Statutes place the responsibility for the assessment of all property for property tax purposes within the county on the County Assessor; and WHEREAS, Minnesota Statute 273.055 gives the County Board of Commissioners the ability to choose between a countywide assessment system or to allow a system of local appraisal services; and WHEREAS, the Washington County Board of Commissioners is considering adopting a countywide assessment system that would be effective January 2, 2006; and WHEREAS, the County believes and we concur tha thte benefits to the citizens of Washington County would include: a) More consistency and equality in the countywide assessment through the common supervision and management of all appraisers performing assessing functions in the county. b) Administrative efficiencies can be gained and the total cost of the assessing function can be lowered through the central administration. • c) Removing the cost of assessing services from the city and township budgets and including the cost in the county levy. d) Placing authority and control in the level of government that is given the responsibility for the function in state law. e) More uniform practices and procedures that will lead to a more equalized and quality assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS, that the City supports the County proposa to move to countywide assessment. Passed by the City Council of Oak Park Heights this a of J y, 2004. vi et /�ern Mayor i on istrator RESOLUTION 04 -07 -38 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING ELECTION JUDGES FOR THE 2004 PRIMARY AND GENERAL ELECTIONS WHEREAS, 2004 election judges will be paid $10 per hour per judge and $12 per head judge; and WHEREAS, John Baird, Mary Jo Bouchie, Emilie Carlson, Joe Carufel, Kay Falenzer, Antoinette Groschen, Jule Nelson, Michael Reynolds, Leona Sorenson, Dick Tunender, Suzanne Vogt, Mary Engler, Annette Johnson, Glenn Johnston, Jeanne Mullen, Thomas Nelson, Erna Reynolds, Joe Rhineberger, Margot Rhineberger, Brandace Sokola, Sandra Swanson and Mark Zemple will serve as judges and Roger Meyer and Janet Wettergren will serve as Head Judges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS that the City Council for the City of Oak Park Heights approves the 2004 election judges for the primary and general elections. • Passed by the City Council of Oak Park Heights this 27th day of gu t, 2004. Davi Beaudet VityA�dmini Mayor hns n ra r • RESOLUTION NO. 04 -07 -39 • 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 A CONDITIONAL USE PERMIT FOR IMPROVEMENTS IN THE RIVER IMPACT DISTRICT, A CONDITIONAL USE PERMIT FOR LAND RECLAMATION AND GRADING, AND VARIANCES FROM HEIGHT REQUIREMENTS AND IMPERVIOUS SURFACE COVERAGE REQUIREMENTS FOR THE ALLEN S. KING GENERATION PLANT BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Xcel Energy for a conditional use permit for improvements in the River Impact District, a conditional use permit for land reclamation and grading, and variances from height requirements and impervious surface coverage requirements for the Allen S. King Generation Plant; 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 subject site is zoned I, Industrial District in which power plants are a permitted use. The King plant is in a River Impact District which requires a conditional use permit for construction activities, a conditional use permit is also required for the fill that is to be added to install flood control devices, and a variance from the Zoning Ordinance and St. Croix Bluff and Shoreland Ordinance is required for building height and impervious surface coverage requirements; and • 4. City staff prepared a planning report dated July 9, 2004 reviewing the . request; and 5. Said report recommended approval of the two conditional use permits and variances for building height, subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their July 15, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of 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 a conditional use permit for improvements in the River Impact District, a conditional use permit for land reclamation and grading, and variances from height requirements and impervious surface coverage allowances for the Allen S. King Generation Plant 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 findings related to the request for the building height and impervious surface coverage variances: 1. A power generation plant is a unique structure in the City of Oak Park Heights with specific requirements for construction and operation. The design of the structure necessitates the building and structure heights requested for the proper functioning of the plant. 2. The plant stack and portions of the existing structure are constructed at heights that exceed the new structural elements proposed. The new structures will in no way exceed what exists today. 3. The power generation plant provides a public service as to providing clean, safe and dependable energy for the region. The purposes of the plant improvements are to provide state of the art pollution control devices and extend the life of the plant. 4. The slight increase in impervious surface coverage will not negatively impact the drainage patterns or water quality of stormwater runoff from the site. Further, the City Council of the City of Oak Park Heights approves the conditional use permits and variances for the Allen S. King Generation Plant with the following conditions: • 2 t w " 1. Xcel shall work with the Andersen Corporation, MnDOT, and the City as the work • progresses to analyze any traffic concerns for Highway 95. 2. Xcel shall construct at least 300 parking stalls to accommodate construction personnel for the project. 3. All lighting at the construction site and temporary parking lots shall be in compliance with the Zoning Ordinance. 4. The tree removal and replacement shall be subject to review and approval of the City Arborist. No additional landscaping is required for the project. 5. The City will not require conformance with the Design Guidelines for the project. 6. The plans for the project must be submitted to and are subject to approval of the Corps of Engineers, Minnesota Pollution Control Agency, Department of Natural Resources, and others that may apply. 7. Xcel anticipates that the boiler and turbine will not be considered exempt for tax purposes under MN Statutes 272.02 or as amended. 8. The City of Oak Park Heights reserves its right to collect tax revenue and/or fees on any and all improvements implemented on this site as allowed by law. The City further • reserves its right to collect tax revenues and/or fees that occur or would otherwise be recalculated on this project resulting from any statutory amendments or legislative changes. Approved by the City Council of the City of Oak P-arkj4eights this 27th July 2004. Davi Beau ,Mayor AT LS� E c A. Jo n, City Administrator 3 RESOLUTION NO. 04 -07 -40 • 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 RODNEY BAHR FOR A CONDE FAMILY USE PERMIT BE TO ALLOW AN EXISTING DETACHED SING RELOCATED ONTO A VACANT LOT AT 1543158 TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Rodney Bahr for a conditional use permit to allow an existing detached single family home to be relocated onto a vacant lot at 15431 58 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 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 -1, Single Family Residential District. Section 401.15.J of the Zoning Ordinance requires that the relocation of any building or structure over 120 square feet onto another lot within the City be subject to the review and approval of a conditional use permit; and 4. City staff prepared a planning report dated July 8, 2004 reviewing the request; and 5. Said report recommended approval of the conditional use permit subject to the fulfillment of conditions; and • 6. The Planning Commission held a public hearing at their July 15, 2004 • meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of 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 Rodney Bahr for a conditional use permit to allow an existing detached single family home to be relocated onto a vacant lot at 15431 58 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 subject to the following conditions: 1. Upon relocation, the building shall comply with the applicable requirements of the Uniform Building Code subject to approval of the City's Building Inspector. 2. A performance security is provided to the City as specified in Section 401.08 of the • Zoning Ordinance. 3. The relocated structure is ready for occupancy within eight months from the date of location on the site. 4. A site plan showing landscape improvements approved by the City Arborist. 5. Approval of a grading and drainage plan by the City Engineer. 6. Revised building plans showing garage door access as matching submitted site plans. 7. Any required State environmental permitting for the site shall be obtained by the applicant and written copies provided to the City within ten days of receipt. 8. Applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during the excavation phase of the construction and shall monitor the excavation activities to ensure that there are not findings of inappropriate buried materials and/or tanks. Should any inappropriate materials be found while the excavation is taking place, all work shall cease and the City shall be immediately notified. Upon completion of the excavation activities, the specialist will provide written comments to the City that no inappropriate, inconsistent or hazardous materials were found. • 2 Approved by the City Council of the Cit of Oak Par eights this 27th of July 2004. Davi Beaude�; mayor ATT ri . Johnson City Administrator • 3 Attachment A Washington County GEO Code: 03.29.20.21.0044 Legal Description: Lots 5 & 6, Block 6, Oak Park Add. Physical Address: 15431 58" St. N. ATTACHMENT B Conditional Use Permit Bahr Construction LLC- Relocation of Residential Dwelling (Relocated from 14990 60 St. to 15431 58 St. N.) Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 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) Conference With City Staff Upon Application Submittal: June 30, 2004 Planning Commission Public Hearing & Recommendation: July 15, 2004 i 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. 2004 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF JAY JOHNSON AS PUBLIC WORKS DIRECTOR IN THE CITY OF OAK PARK HEIGHTS FROM 1998 -2004 WHEREAS, Jay Johnson served in the Public Works Department of the City of Oak Park Heights from May 1998 to July 2004; and WHEREAS, during this period, Jay Johnson respectfully served the citizens of Oak Park Heights in an outstanding manner, and WHEREAS, as Public Works Director, Jay Johnson presented information to the City Council of Oak Park Heights in thoughtful manner, and WHEREAS, the City Council of Oak Park Heights recognizes the dedication and contributions of Jay Johnson in making this community a • wonderful place to work and reside in. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights recognizes and commends Jay Johnson for his service, dedication and commitment to the interests of the citizens of the City of Oak Park Heights. Passed by the City Council of the Ci P z eights this th day of August 2004. David Beauc�et, ayor A EST: ric Johnso City Admi ' t for • a _ • RESOLUTION NO . 0 4- 0 7- 4 2 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING THE OAK PARK HEIGHTS POLICE DEPARTMENT TO MAKE APPLICATION IN CONJUCTION WITH THE STILLWATER AND BAYPORT POLICE DEPARTMENTS TO THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY OFFICE OF TRAFFIC SAFETY TOPRO PROJECT OR THE WITHIN A ND SOBER CO PERIOD OF TIME OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 WHEREAS, Safe and Sober is a National Traffic Safety Campaign designed by the National Highway Traffic Safety Administration seeking to unite national, state and local efforts to reduce impaired driving crashes and increase safety belt and child seat use with enhanced and enforcement efforts in public information and educational activities; and, WHEREAS, the Chief of Police for the City of Oak Park Heights has • recommended to the City Council that the City of Oak Park Heights coordinate and enter into a Grant application with the Stillwater Police Department and the Bayport Police Department to be submitted to the Minnesota Department of Public Safety, Office of Traffic Safety for Grant funds, which would enable the City of Oak Park Heights to enter the Safe and Sober Community's Project for the period of time of October 1, 2004 through September 30, 2005; and WHEREAS, the implementation of the Safe and Sober Program within the Oak Park Heights Community could have a significant effect on public safety by increasing public awareness of the risks associated with highway travel and educating the public as to what can be done to manage those risks by use of seat belts and sober driving and to publicly communicate to the community a special enforcement efforts that are about to be implemented within the community effecting the safe and sober program and also providing a report back to the community with regards to the result achieved through the program; and, WHEREAS, the City Council for the City of Oak Park Heights feels that the best interest and public safety of its citizens could be furthered b appl for the Grant Application in conjunction with the Stillwater Police Department and the Bayport Police Department. • • T, .� A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FnR r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR • THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the Oak Park Heights Police Department enter into a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled "Safe and Sober Communities" during the period of time from October 1, 2004 through September 30, 2005. BE IT FURTHER RESOLVED, that Chief of Police, Lindy Swanson of the Oak Park Heights Police Department is hereby authorized and directed to execute such agreements as may be necessary to implement the project on behalf of the City of Oak Park Heights Police Department. BE IT FURTHER RESOLVED, that Sgt. Paul Hoppe of the Oak Park Heights Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the City of Oak Park Heights Police Department. Passed by the City Council for the City of Oak Park He' this 27 day of July, 2004. . [%vid Beaude , Mayor ATT icG�. John n City Admini rator • • RESOLUTION 04 -07 -43 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION TO INSTALL EMERGENCY VEHICLE PRE - EMPTION SYSTEMS ON TRUNK HIGHWAY 36 BE IT RESOLVED that the City of Oak Park Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install emergency vehicle pre - emption systems at the existing traffic control signals on Trunk Highway No. 36 at Oakgreen Ave. /Greely St., and on Trunk Highway No. 36 at Osgood Ave. N. in accordance with the terms and conditions set forth and contained in Agreement No. 86573, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. • Passed by the City Council of Oak Park Heights this 27th day of Jul 2004. David eaudet r Mayor City Adminis at r is • RESOLUTION NO. 04 -08 -44 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 RIVER VALLEY RENTALS, LLC FOR A MIXED USE, PLANNED UNIT DEVELOPMENT (PUD) GENERAL PLAN, PRELIMINARY /FINAL PLAT, DESIGN GUIDELINES REVIEW AND APPROVAL, AND A MINOR AMENDMENT TO THE COMPREHENSIVE PLAN FOR A DEVELOPMENT SOUTH OF 60 STREET AND WEST OF OSGOOD AVENUE REFERRED TO AS FOX HOLLOW BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from River Valley Rentals, LLC for a mixed use, planned unit development (PUD) general plan, preliminary /final plat approval, Design Guidelines review and approval, and a minor amendment to the Comprehensive Plan for a development south of 60 Street and west of Osgood Avenue • referred to as Fox Hollow; 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 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 designated as commercial land use in the Comprehensive Plan. A Comprehensive Plan Land Use Map amendment is required to address the mixed commercial /residential land use of this project; and 4. The subject site is zoned a combination of B -2, General Business District on the northern portion of the site and R -B, Residential Business /Transitional District on the is south; and • buildings 5 • The planned unit development ha on one propert s been requested to allow multiple y with shared access and parking; and 6. City staff prepared a planning report dated August 5 20 request for the PUD general plan; and 04 reviewing the 7• The August 5, 2004 planning report recommended a r general plan subject to the fulfillment of conditions; and pp oval of the PUD 8 • The Planning Commission held a public hearing at their August 12, 2004 meeting, took comments from the applicants and public, closed th public he ng, and recommended that the applications be approved subject to the i fulfi ll ment of conditions. CITY O NO THEREFORE, HARK H RE, BE IT RESOLVED BY THE CITY COUNCIL FOR FOLLOWING; HEIGHTS THAT THE CITY COUNCIL APPROVES THE HE A. The application submitted b Panned development (per Y River Valley Rentals, LLC for a mixed use 1 review and a ) general plan, preliminary /final plat approval, Desi ,anned u nit pproval development south of 60 to nd a minor amendment to the gn Guidelines . Street and west of Osgood Avenu re Plan for a and affecting the real propert as follows: ferred to as Fox Hollow SEE ATTACHMENT A Be and the same as hereby approved by the City Council of t following requests: he City of Oak Park Heights are the ( Planned Unit Development General Plan ofDevelo m (2) Preliminary /Final Plat Approval Development Approval ( Design Guidelines Conformance ( Minor Amendment to the Comprehensive Plan to Allow for the Land Use Map to be Revised as Mixed Use Residential /Commercial for Said Pro Subject to the following conditions: perty 1 • The 25 foot front yard setback for the office buildings ' P of development approval. g is acceptable as part of the general 2 • The plat/development agreement the City Engineer and City Attorney. provide the appropriate easements as required by 3• The City Attorney shall comment on the use of outgo is for the pond and access drives. 2 4. All access and parking easements and agreements shall be addressed in the development agreement. 5. Park dedication fees of $22,952 shall be paid at time of finalization of the final plat and development agreement. 6. The MnDOT permit for access to 60 Street North shall be provided to the City. 7. At least one van accessible stall shall be provided in the underground parking garage of the condominium building. 8. At least one van accessible stall shall be provided, in addition to the two stalls shown on the plan, for the office buildings. The City Engineer shall comment on the parking stall dimensions within the office building parking garage. 9. The grading and drainage plans shall be subject to review and approval of the City Engineer and the Middle St. Croix Water Management Organization. 10. The alternate grading plans, that indicate a portion of property owned by Xcel Energy, shall be subject to written approval of Xcel Energy and the City Engineer. 11. The utility plans are subject to review and approval of the City Engineer. • 12. The landscape plans, tree removal plans, and preservation plans are subject to review and approval of the City Arborist. 13. The applicant shall add additional plant material directly adjacent to the condominium building to reduce the mass and scale of the elevations subject to review and approval of the City Arborist. 14. The applicant shall construct an extension of sidewalk on the west side of the westerly office building to 60 Street. 15. The applicant shall provide plans for pool area lighting and the pool area shall comply with the City's noise ordinance. The pool area shall close between the hours of 10:00 PM and 6:00 AM and pool area lighting shall be shut off at least one -half hour after the closing time. 16. All lighting fixtures shall be in compliance with the lighting requirements of the Zoning Ordinance. 17. All of the monument signs shall be allowed at a maximum height of eight feet. 18. The building design is consistent with the Design Standards. • 3 r 19. A development agreement shall be required between the City and applicant subject to review and approval of the City Attorney. Approved by the City Council of the City of Oak Park Heights this 24th day of August 2004. David Beaudet, Mayor AT ST. Eric A. Johnso , C ty Administrator • • 4 4 • RESOLUTION NO. 04 -08 -45 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 DON HOFF OF AAMCO TRANSMISSION FOR A CONDITIONAL USE PERMIT TO ALLOW AN AUTO REPAIR USE AT 12430 55 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Don Hoff of AAMCO Transmission for a conditional use permit to allow an auto repair use at 12430 55 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 • 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 which lists auto service centers as a conditional use; and 4. The applicant proposes to occupy the northern 3,900 square feet of the building and renovate the space to accommodate a transmission repair shop; and 5. City staff prepared a planning report dated August 5, 2004 reviewing the request for the conditional use permit; and 6. The August 5, 2004 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 August 12, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of 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 Don Hoff of ARMCO Transmission for a conditional use permit to allow an auto repair use at 12430 55 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 subject to the following conditions: 1. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in and out of service areas. • 2. There shall be no exterior storage of automobile parts, parked cars, tanks (for transmission fluid, oil, etc.) or related items on the site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 3. All tanks shall be stored in compliance with building and fire codes. 4. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 5. The applicant shall receive and retain, if required, a Hazardous Generators License from Washington County for the ARMCO Transmission operation. 6. If new lighting is to be installed over the new service bay doors, fixture details be submitted for City review and approval. 7. All proposed signage shall be in compliance with Section 401.15.G of the Zoning Ordinance. 8• Storinceptors shall be installed for all floor drains in compliance with the Building Code and subject to review and approval of the Building Official. 2 2004. Approved by the City Council of the City of Oak Park Heights this 24` day of August V eaude or A A Z I Eric A. John , City Administrator 3 • RESOLUTION 04 -09 -46 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2005 PROPOSED BUDGET AND GENERAL FUND LEVY WHEREAS, the City Staff has prepared and submitted to the City Council it's proposed budget for calendar year 2005; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights as follows: 1. That the 2005 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $2,959,410. • 2. That the City Administrator is hereby authorized and directed to certify to Washington County the Proposed General Fund levy for the City of Oak Park Heights for the calendar year 2005 in the amount of 2,461,195.00. Passed by the City Council for the City of Oak Park He' this 8th day of September 2004. David e et, Mayor Att t: is A. Jo n Administr t r • RESOLUTION 04 -09 -47 A RESOLUTION PROVIDING COMMENTARY TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) ON THE 2004 SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT - ST. CROIX RIVER CROSSING / STH 36 RECONSTRUCTION PROJECT Whereas, the City of Oak Park Heights has been provided a copy of 2004 SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT ( SDEIS); and, Whereas, the City has had an opportunity to review such document, the City submits the following commentary to MnDOT for: • For the entire SDEIS and its attachments, any and all language pertaining "Concept F" as design layout of STH 36 (buttonhooks) shall need to be stated as PROPOSED. The City of Oak Park Heights has not committed to any draft layout, concept layout or final layout. And, that the City is still investigating alternative options for layout. • There must be language inserted into the SDEIS that states that the City of Oak Park Heights has rejected "Concept F" in its entirety. • • There must be a clear and concise insertion of the "Cut and Cover" concept inserted into the SDEIS. This "Cut and Cover" concept should be referred to as a potential alternative at all points in the document where Concept F is referred. • The entire Economic Impact Analysis as generally discussed in the SDEIS and its attachments, is wholly inadequate and is rejected in total by the City of Oak Park Heights. General criteria for the City's position are as follows: The City of Oak Park Heights was not contacted nor directly informed to provide information for such analysis, nor was it made specifically aware that such study was being undertaken. The analysis does not demonstrate that it took into account the all of the proposed and previous residential and commercial takings. There is a discrepancy between the SDEIS and the Draft Economic Impact Analysis as received by the City, i.e. $35,000 annual tax revenue vs. $41,000. The City is unable to determine the methodology on how these figures were derived. Regardless these amounts are vastly understated. There is no reference to employment losses and no reference to the boat launch impacts. There is no consideration of the loss of City Utilities or the relocation/replacement • expenses. • On page ES -6, please strike the words "...and anticipated failure to obtain municipal consent on the project ". • On page 2 -10 please clarify that the speed on STH 36 - eastbound - is posted at 65 mph from 494/694 to Lake Elmo Ave; 60 mph from Lake Elmo Ave to STH 5; 50 mph after the STH 5 overpass. • Provide and incorporate into the SDEIS the crash statistics for each intersection between STH 5 and Osgood Ave - prior to the removal of the Advance Warning Flashers. • Chapter 2 should have footnotes referencing the PAC study. • On page 3 -6 of the Cooperative Agency Review Draft of the 2004 SDEIS the City asked that MnDOT revise paragraph to state that a signal "shall be installed" at the intersection of Pickett Ave /TH 95/King Plant entrance - versus "if justified ". The City was not able to locate this same language in the 2004 Draft SDEIS. If such similar language exists the same comment is applicable. • The document does only discuss PEAK hourly traffic through the corridor, namely in • Downtown Stillwater. Please expand such analysis to include data that utilizes and presents all twelve months, further broken down by daily and hourly usage, so the reader of the document can anticipate low -use of the corridor. • On 4 -28 the SDEIS discusses the crash rate at the three intersections along STH 36 are "two to three times the state average ". Please cite the State average within the body of the paragraph(s) and cite source by footnote. • Comments made on page 5 -2 relative to could enhance community cohesion with the construction of bicycle and pedestrian facilities" should be supported with factual data. Otherwise, please remove the comment. • The City has provided MnDOT with an updated zoning map, please insert such current and factual land use map into the Document. • Regarding the noise analysis, please identify whether the echo effect was taken into account. If sound barriers are found to be necessary how then does that effect the visual impacts. Please identify that the project will bear this cost. Noise impacts are difficult to analyze until the actual construction is complete. There must be language inserted that contemplates and outlines additional mitigation after the project is complete. Such additional discussion should also include the possibility of noise mitigation inside home/businesses. • Provide in the SDEIS a discussion of the Agreement with Xcel Energy relative to the removal of their moorings. How and why are these being removed. Please state discussion history and cite documentation in appendices. • Provide in the SDEIS a discussion/comments from the Federal Department of Homeland Security regarding potential site locations of a boat ramp and its potential proximity to the Allen S. King plant - security risk. • The City has adopted its own Wetland Ordinance that must be fully complied with. In some instances, the local Ordinance may be more restrictive than DNR or US Army Corps. There must be language inserted that outlines this requirement. (sent via US MAIL - 7- 22 -04) • Please insert into the SDEIS maps that outline the ponds that lie only in Oak Park Heights along with a visual delineation of each pond watershed source. Clearly identify where the water coming from. • Chapter 4, the intersection of Oakgreen/Greeley is referred as Greeley/Northbrook Blvd. (Oakgreen turns into Northbrook in Baytown, which is beyond the project area). • On page 5 -10, Cover Park/Moelter Site (Xcel Park) needs to be in included in 5.1.2.4. • Delete the Stillwater Municipal Barge Facility Park if this is to be the park contemplated in Oak Park Heights otherwise known as the "Boat Ramp Area and/or Park ". Any discussion of such park in Oak Park Heights must first receive City approval and appropriate mitigations. NOW, THEREFORE BE IT RESOLVED that the City of Oak Park Heights submits these comments to the Minnesota Department of Transportation (MnDOT) for incorporation into the Final 2004 Supplement Environmental Impact Statement; and, BE IT FURTHER RESOLVED that the City recognizes the need for transportation improvements that reflect the communities values and that this project must minimize the environmental, social, economic, visual and physical impacts to the City of Oak Park Heights; and, BE IT FURTHER RESOLVED that the City's comments within this resolution are not to be construed or interpreted as an element of Municipal Consent or approval of any particular proposal for layout or concept; and, BE IT FURTHER RESOLVED that the City specifically reserves its right to amend, supplement or delete from these comments; and, BE IT FURTHER RESOLVED, that the City has identified the following list of required mitigations and has previously forwarded such list to MnDOT requesting that Y , these issues be appropriately funded and/or addressed, but to date the City has not yet received any commitments 1. All Utility Relocations shall be included in the Project and/or paid for by MDOT. 2. All Traffic Signals and their maintenance must be provided by the Project or in the future by parties other than the City. 3. Frontage road reconstruction must occur and their maintenance must be provided by parties other than the City. 4. Funding must be identified and committed to in advance that protects and mitigates against negative impacts on City homes, businesses, etc that may stem from short- term and long -term noise, smoke, odor, construction activities and/or vibration. 5. Deletion of the Boat Ramp Facility. 6. All excess lands previously acquired and not necessary shall be returned to the tax rolls and its redevelopment shall be coordinated with the City housing and/or comprehensive plan. 7. Complete reconstruction of Scenic Overlook including its view. Passed by the City Council of the City of Oak Par is 28 da of September 2004. avir eaudet, Mayor es' Eric Johnso City Administrator h t RESOLUTION 04-10-48 • A Resolution Supporting Association of Metropolitan Municipalities' (ANIlVI) Commentary on the Metropolitan Council 's - Draft 2030 Transportation Policy Plan Whereas, forecasts call for almost one million additional residents in the seven - county metropolitan area by the year 2030; Whereas, an effective and efficient transportation system, that includes both roads and transit, is key to the successful growth and development of our region; Whereas, congestion and mobility issues are already among the most pressing challenges facing our region; Whereas, a comprehensive and well - rounded plan for our regional transportation system requires the input of numerous stakeholders, including local governments ... NOW, THEREFORE, BE IT RESOLVED that the City of Oak Park Heights supports the attached comments prepared by the Association of Metropolitan Municipalities in regards to the draft 2030 Transportation Policy Plan and urges the Metropolitan Council to make the requested changes to the draft plan before granting it final approval. • BE IT FURTHER RESOLVED that the City of Oak Park Heights also requests that the following items are addressed in the final 2030 Transportation Policy Plan: • Please clarify if all IRCs are to be treated "fairly" in total or only inside the I494/694 ring. Please review and reconcile comments from pages 39 and 100, From page 39: "MnDOT has identified a system of Interregional Corridors (IRC) which connect regional trade centers within the state to each other. These roads, which connect to Greater Minnesota, have a higher priority for investment than other principal arterials and trunk highways outside the I -494/1 -694 corridor. ", From page 39: "On and inside the I494/694 ring improvements to the most congested bottlenecks represent another set of priorities for the region that have been included in the highway system plan to the extent funds are available. ", From page 100: "The state has set a minimum performance standard that the region support so all corridors are treated fairly. "...This is a statewide priority and the costs should be distributed equally." • / � s . • In Chapter 3: Policies and Strategies, recommendations from the Transit Feasibility • Study relative to the St. Croix River Crossing should be included/discussed. • On page 101, Bridge Needs Across Major Rivers, in the first paragraph, "Crossing of major rivers ...... are minor arterials ", please state the specific designations of such river crossings as Constrained, Unconstrained, or Constrained +30 %. Passed by the City Council of the City of Oak Park Heights this 12 t h day of October 2004. i 1 J "tavid Beaudet, Mayor Ar st: ,' Eric4elis City Administrator t 3 f 1 RESOLUTION 04- 1049, A RESOLUTION PROVIDING THE POSITION OF THE CITY OF OAK PARK HEIGHTS AS IT EFFECTS THE PROPOSAL OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) FOR THE CONSTRUCTION OF A NEW ST CROIX RIVER CROSSING AND THE RECONSTRUCTION OF STATE TRUNK HIGHWAY 36 CORRIDOR IMPROVEMENTS, TOGETHER KNOWN AS THE "PROJECT ". Whereas, the City of Oak Park Heights has participated in the recent RESOLVE / Stakeholder Process for the State Highway 36 Reconstruction / St. Croix River Crossing Project; and, Whereas, the City regards the RESOLVE /Stakeholder Process as an informal, non - binding mediation based process allowing the various factions of the community and others having input into a Trunk Highway layout and Bridge location process to have input and explore opportunities for consensus; and, Whereas, the City of Oak Park Heights has studied the Project impacts from various options that have been presented, including the "NO- BUILD" alternative and Concept F layout, from an economic, planning and engineering perspective; and, • Whereas, the funding requirements to fully implement the Project may now exceed $400 million dollars; and, Whereas, the funding for the Project is to be sought from a forthcoming Federal Transportation Bill (TEA -21) which has been represented to include both the Bridge funding and STH 36 reconstruction; and, Whereas, the City will not support any segmentation of the Project and has not endorsed and will not endorse any STH 36 layout, concept or design separate from the bridge design; and, Whereas, as recently as September 22, 2004 meeting with MnDOT has suggested that the project be segmented into two separate projects for funding purposes where the Bridge portion of the project would be funded and constructed first and the STH 36 corridor through the Oak Park Heights / Stillwater Business District may potentially be funded in the future; and, Whereas, the City has concurrently provided several communications to the Minnesota Department of Transportation throughout the RESOLVE / Stakeholder Process outlining its concerns and mitigation needs seeking: 1. A commitment from MnDOT that the entire project (i.e. the Bridge and TH 36 improvements) will proceed as a single indivisible project and will follow the pre -2001 Municipal Consent law, • 2. A full funding commitment and mitigation plan from MnDOT for the anticipated and necessary utility relocation costs that will inevitably confront the City resulting from any modification to • Trunk Highway 36, 3. A full funding commitment and mitigation plan from MnDOT for the reconstruction of the frontage roads and their continued maintenance, 4. A commitment from MnDOT that installation of the proposed Boat Ramp Facility as proposed by the Department of Natural Resources will be deleted from the Project as far as it affects a proposed location in the City of Oak Park Heights or that a comprehensive compensatory agreement between the City, DNR and MnDOT be completed, 5. A commitment from MnDOT that all traffic signals and their maintenance must be provided by the Project or in the future by parties other than the City, 6. A full funding commitment from MnDOT that protects and mitigates against negative impacts on City homes, businesses, and City owned lands and facilities etc that may stem from short-term and long -term noise, smoke, odor, construction activities and/or vibration, 7. A commitment from MnDOT that all excess lands previously acquired, or future lands, and not required for the Final Project, however that is resolved to be, shall be returned to private ownership and the tax rolls with its redevelopment shall be coordinated with the City housing and/or comprehensive plan, • 8. A full funding commitment from MnDOT that includes a complete reconstruction of the Scenic Overlook preserving its view; and, Whereas the Minnesota Department of Transportation has not provided any formal clarification or commitment to the City to appropriately address and/or mitigate these or other relevant issues; and, Whereas, the RESOLVE /Stakeholders process nonetheless requests the City indicate its views on a bridge design and location; and Whereas, the City has not and will not waive its position on the application of Minn. Stat. 161.171 through 161.177 (the Municipal Consent Process) to this process and this project; and Whereas, the City reserves any and all final approvals and consents to a later date when MnDOT has provided information and commitments the City requires to determine its final position on this project; and, Whereas, the City wishes to assist the RESOLVE /Stakeholders process in passing along the City's interim comments on bridge design and location pending receipt by the City of information and commitments requested from MnDOT; NOW, THEREFORE, BE IT RESOLVED that the City of Oak Park Heights recognizes the need for transportation improvements that is reflective of community values and that this Project must minimiz and mitigate for the negative the environmental, social, economic, visual and physical impacts to the City of Oak Park Heights; and, r- BE IT FURTHER RESOLVED that the City at this date and based on the information received to i date, is not in a position to be able to favor or identify a location for a new St. Croix River Crossing and will not be able to do so until the City receives responses and appropriate commitments to its concerns and mitigation needs itemized as 1 through 8 above. BE IT FURTHER RESOLVED that the City remains committed to working with MnDOT and as well as other parties to come to a viable, suitable and equitable solution for the Project, which includes the Bridge and STH 36 elements, but that such solutions shall effectively and appropriately address all City concerns and must appropriately mitigate negative impacts upon the City, its residents and business community; and, BE IT FURTHER RESOLVED that the City will finalize its position for a bridge alternative, as well as consider a STH 36 layout, when the City is provided written commitments from the Minnesota Department of Transportation that effectively and appropriately addresses the City's concerns and mitigations; and, BE IT FURTHER RESOLVED the City reserves its rights through the powers of Municipal Consent or other means as allowed by law, to deny any final acceptance of the Project and that this resolution shall not be construed to grant municipal consent under Minnesota Statutes 161.163 throughl61.167 or former statute 161.171 through 161.177. Passed by the City Council of the City of Oak Park Heights this 18 t day of n do r 2004. David Beaudet, Mayor Atte ric t o ity Administrator • f RESOLUTION NO. 04 -11 -50 • EXTRACT OF THE MINUTES OF THE CANVASSING BOARD MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA HELD NOVEMBER 9, 2004 Pursuant to due call and notice therefore, a Canvassing Board meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at the Oak Park Heights City Hall in said municipality on the 9 th day of November, 2004, at 7:00 p.m. The following members were present: Abrahamson, Beaudet, Doerr, McComber and Swenson. The following members were absent: none. Member Swenson introduced the following resolution and moved its adoption: RESOLUTION, CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, CANVASSING THE TABULATION OF VOTES CAST FOR THE OFFICE OF MAYOR AND TWO (2) COUNCIL POSITIONS AND DECLARING THE RESULTS FROM THE NOVEMBER 2, 2004 ELECTION. • WHEREAS: The City Administrator has presented the tabulation of the results of votes cast at the November 5, 2002 General Election for the City of Oak Park Heights; and WHEREAS: The City Council has received same tabulation as it relates to the Office of Mayor and two (2) Council positions which were voted on by residents of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED: By the City Council of the City of Oak Park Heights, Washington County, Minnesota, does hereby canvass and declare the winners of the following offices: Mayor with a term to commence January 1, 2005 and expire December 31, 2008: David Beaudet Total votes: 1,170 Two (2) Councilmember terms to commence January 1, 2005 and expire December 31, 2008. Mary McComber Total votes: 1,524 • Jack Doerr Total votes: 1,407 . The Motion for adoption of the foregoing resolution was duly seconded by Member McComber and upon roll call being taken thereon, the following voted via voice: Les Abrahamson - aye David Beaudet - aye Jack Doerr - aye Mary McComber - aye Mark Swenson - aye Thereupon said resolution was declared duly passed and adopted and signed by the Mayor and attested by the City Administrator. Passed by the Canvassing Board of the City Council, City of Oak Park Heights, Washington County, Minnesota on this 9`" day of November, 2004. ATTEST: 'f r 1 i c A. Jo on David Beaudet City Adm' strator Mayor • r Resolution 04-11-51 A RESOLUTION REQUESTING THAT THE MINNESOTA DEPARTMENT OF TRANSPORTATION IMPROVE THEIR MAINTENANCE OF STATE RIGHT -OF -WAY AREAS ALONG STATE AND INTERSTATE HIGHWAYS Whereas, as maintenance of government property and facilities is important to the image of Minnesota cities; and Whereas, Minnesota cities are responsible for enforcement of property maintenance codes that pertain to the mowing of grass, the abatement of noxious weeds, the placement of trash and junk in yards and the maintenance of fences; and Whereas, the State of Minnesota has many miles of highways running through Minnesota cities; and Whereas, the rights of way along these highways are characterized by infrequent mowing, uncollected litter, the presence of noxious weeds and dilapidated fences and guard rails; and Whereas, as the Minnesota Department of Transportation has cut a very large percentage of their right -away maintenance staff over the last ten years; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oak Park Heights hereby formally requests that the State of Minnesota and the Minnesota Department of Transportation provide immediate support for maintenance for all fences and guard rails on State and Interstate highways, including highway ramps, that traverse Minnesota cities; and BE IT FURTHER RESOLVED that the City Council of Oak Park Heights also formally requests that the Minnesota Department of Transportation provide for consistent mowing and clean-up of State right -of -ways, or alternatively, that they reimburse Minnesota cities for the labor, supplies and equipment necessary to maintain State right -of -ways in a manner that is consistent with local ordinances governing the upkeep of private property. Passed by the City Council of the City of Oak Park Heights this 9 th day of November 2004. David Beaudet, Mayor st: E ' hnso City`�dministrator r a RESOLUTION NO. 0 4 -11 - S 2 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 KOWALSKI'S MARKET FOR SITE PLAN REVIEW, DESIGN STANDARDS REVIEW, AND SIGN VARIANCE FOR A GROCERY STORE AND RETAIL TENANT AT THE OAK PARK PONDS SHOPPING CENTER ON 58 STREET AND NEAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Kowalski's Market for site plan review, Design Standards review, and signage variance for a grocery store and retail tenant at the Oak Park Ponds Shopping Center on 58 Street and Neal 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 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 PUD, Planned Unit Development in which the retail sales operations planned for this property are a permitted use; 4. The site plan review is required to consider changes to the front sidewalk and curb line of the shopping center. Design Standards review is required for the fagade changes to the building; and 5. A signage variance is required to allow Starbucks, which is located in Kowalski's Market, to advertise on the west and north facades of the building in combination • with the proposed Kowalski's signage. The request is to allow two additional wall signs on two • separate facades of the building; and 6. City staff prepared a planning report dated October 28, 2004, reviewing the request for site plan review, Design Standard review, and the signage variance; and 7. The October 28, 2004 planning report recommended approval of the site plan review, Design Standards review, and signage variance subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their November 4, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of 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 Kowalski's Market for site plan review, Design Standards d tenant at the review, and signage variance for a grocery store an Shopping Center on 58 Street and Neal Avenue North, retail affecting the Oea 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 findings of fact for the sign variance: 1. The applicant proposes to increase the number of signs for Kowalski's / Starbucks signage to four signs from the allowable two signs. Two signs will be on the west fagade and two signs will be placed on the north fagade. 2. The total requested square footage of signage is significantly less than what is allowed by the Zoning Ordinance. 3. The overpass of Highway 36 and Highway 5 provides a significant visibility barrier for businesses in Oak Park Ponds Shopping Center, resulting in a hardship for advertising this location. 4. Kowalski's and Starbucks are two separate entities within the same retail space not resulting in a multi -tenant condition for calculating allowable signage. The motion for approval was approved by the City Council of the City of Oak Park Heights with the following conditions: 2 1. The curb lines of the parking lot be restored to the original layout, subject to review and • approval of the City Engineer. 2. The landscape plan is subject to review and approval of the City Arborist. 3. The Planning Commission recommends and the City Council approves the use of the decorative light fixture on the building facade. 4. The building elevations are approved as proposed in the building plans in that the facades will be consistent with the intent of the Design Standards. 5. The trash dumpsters shall be stored within the trash enclosures at all times within the shopping center development. 6. The projection flood lighting attached to the parking lot light poles shall be removed and not utilized within the shopping center. Approved by the City Council of the City of Oak P eights this 9th day of November 2004. • Beaudet, Mayor A S I,- V /'A Eric ;/6hnson, City Administrator • 3 w Attachment A Washington County GEO Code: 06.029.20.11.0011 Legal Description: Lot 2, Block 1, Oak Park Ponds Addition Physical Address: 5801 Neal Ave. N. • • y ATTACHMENT B i Site Plan Review, Design Standards Review and Sign Variance Grocery Store and Retail Tenant Kowalski's Market — 5801 Neal Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) Pre - conference With City Staff : September 22, 2004 Conference With City Staff Upon Application Submittal: October 20, 2004 Planning Commission Public Hearing & Recommendation: November 4, 2004 Required Approvals: VARIANCE City Council 4/5 Variance - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 variance. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.04.C.4.1 and 2) CITY OF OAK PARK HEIGHTS RESOLUTION 04- 11 - 5,3 A RESOLUTION APPROVING PROPOSED ANNUAL LIQUOR, TOBACCO, AND AMUSEMENT LICENSES WHEREAS, the City Council for the City of Oak Park Heights has received applications for the year 2005 liquor, tobacco, amusement, and bingo licenses from businesses located within the City limits. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights that the following licenses (See Exhibit A) are hereby approved. Passed by the City Council of Oak Park Heights this 30th day of We4 • • Mayor Atte st: i - --�- lev-4— A. hnson City A nistrator • EXHIBIT A CITY OF OAK PARK HEIGHTS 2005 LICENSES i Off -Sale Liquor Licenses Cellars Wines & Spirits of O.P.H., Inc. dba Cellars Wines & Spirits Timark Inc. dba Millroad Inn Darren Omar Eikeland & Justin Grant Eikeland dba Full Moon Liquor LLC On -Sale Liquor Licenses Apple American Ltd Ptsp of MN dba Applebee's Neighborhood Grill /Bar Phil's Tara Hideaway Inc. dba Club Tara Hideaway Timark Inc. dba Millroad Inn Letru Inc. dba Stillwater Bowl & Lounge Stillwater Eagles Aerie 94 dba Stillwater Eagles VFW 323 dba Greeder -Hinds Comfort Post On -Sale Sunday Liquor Licenses Apple American Ltd Ptsp of MN dba Applebee's Neighborhood Grill /Bar Phil's Tara Hideaway Inc. dba Club Tara Hideaway Timark Inc. dba Millroad Inn Letru Inc. dba Stillwater Bowl & Lounge Stillwater Eagles Aerie 94 dba Stillwater Eagles VFW 323 dba Greeder -Hinds Comfort Post On -Sale Wine License Dailey Incorporated - dba Carbones Pizza On -Sale Non - Intoxicating Liquor License Dailey Incorporated - dba Carbones Pizza Sky Ventures LLC - dba - Pizza Hut #013822 Off -Sale Non - Intoxicating Liquor License Cellars Wines & Spirits of O.P.H., Inc. dba Cellars Wines & Spirits Darren Omar Eikeland & Justin Grant Eikeland dba Full Moon Liquor LLC Speedway SuperAmerica LLC - dba - SuperAmerica #4549 Speedway SuperAmerica LLC - dba - SuperAmerica #4453 • City of Oak Park Heights 2005 Licenses Page 2 Amusement Licenses Timark Inc. dba Millroad Inn Letru Inc. dba Stillwater Bowl & Lounge Superior Vending for Stillwater Eagles Aerie #94 Wal -Mart Store #1861 Metro Coin of Minnesota Inc. for Stillwater Eagles Aerie #94 Tobacco Licenses Cellars Wines & Spirits of O.P.H., Inc. - dba Cellars Wines & Spirits Darren Omar Eikeland & Justin Grant Eikeland dba Full Moon Liquor LLC Holiday Stationstore #237 Timark Inc. - dba Millroad Inn Snyder's Drug Store #5075 Speedway Superamerica #4453 Speedway Superamerica #4549 Stillwater Eagles Aerie 94 dba Stillwater Eagles VFW 323 - dba Greeder -Hinds Comfort Post Walgreens #06916 Wal -Mart Stores, Inc. dba Wal -Mart Store #1861 Bingo Licenses Stillwater Eagles Aerie 94 dba Stillwater Eagles VFW 323 dba Greeder -Hinds Comfort Post RESOLUTION 04 -12 -54 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2005 GENERAL FUND LEVY WHEREAS, the City Staff has prepared and submitted to the City Council the proposed general fund levy for calendar year 2005; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed general fund levy as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that the City Administrator is hereby authorized and directed to certify to the Washington County Tax Accounting and Research 2005 Department the amount of $2,293,825.00. 1 fo he City of Oak Park Heights for calendar year Passed by the City Council for the City of Oak Park Heights this 14th day of December 2004. • i David Beaudet, Mayor A st' ric A. Jo on Administr or RESOLUTION 04 -12 -55 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2005 BUDGET WHEREAS, the City Staff has prepared and submitted to the City Council the proposed budget for calendar year 2005; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights: That the 2005 budget is hereby approved as presented by the City Finance Director in the total General Fund amount of $2,793,275. • Passed by the City Council for the City of Oak Park Heights this 14th d of December 2004. David Beaudet, Mayor A s: e ic A. J in' for i • RESOLUTION 04 -12 -56 RESOLUTION CHANGING THE CITY'S MILEAGE REIMBURSEMENT POLICY WHEREAS, the City mileage reimbursement policy was $0.37.5 per mile in 2004; and, WHEREAS, Treasury regulations require that mileage reimbursement over $0.40.5 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 $0.40.5 per mile as of January 1, 2005 in accordance with Federal Treasury requirements. Passed by the City Council for the City of Oak Park Heights on this 14th day of December, 2004. • CI PARK G TS i David Beaudet Atte son . Mayor ric A. hn City inistrator • 01 39f Z 7V • RESOLUTION NO. 04-12-57 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING CONNECTION FEES THROUGHOUT THE CITY OF OAK PARK HEIGHTS FOR CONNECTIONS TO MUNICIPAL WATER SYSTEMS, SANITARY SEWER SYSTEMS AND STORM SEWER SYSTEMS WHEREAS, Minn. Stat. §444.075, Subd. 3 authorizes municipalities to establish a system of charges for the construction, reconstruction, repair, enlargement, improvement or other obtainment, maintenance operation and use of municipal facilities, including, but not limited to charges for connections to such municipal facilities for municipal water, sanitary sewer, and storm sewer; and, WHEREAS, City ordinances provide for the Council to establish from time to time connection charges to be collected for properties developing in and connecting to the municipal • water, sanitary sewer and storm sewer systems; and, WHEREAS, the City has historically established and collected connection charges; and, WHEREAS, connection charges established by the City of Oak Park Heights require modification and amendment from time to time; and, WHEREAS, the office of the City Engineer has provided recommendations to the City Council as it affects the establishment of connection charges throughout the City of Oak Park Heights as it relates to connection to trunk sanitary sewer systems, trunk water systems and trunk storm sewer systems; and, WHEREAS, the City Council determines it to be in the best interest of the residents and City of Oak Park Heights that such fees be periodically renewed and adjusted to take into account cost of construction and replacement and systems, cost of maintenance operation and other expenses that the City expects to incur with regard to the maintenance of such systems. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that effective January 1, 2005 city connection charges to be applied throughout the City of Oak Park Heights for properties developing or connecting to municipal utilities shall be as follows: • 1. Sanitary sewer connection charge, $3,035.00 per acre. 2. Municipal water connection charge, $5,280.00 per acre. 3. Storm sewer connection charge, $6,685.00 per acre in the sections of the city located within the Valley Branch Watershed District and the Middle St. Croix Valley Water Management Organization and $12,240.00 in the areas of the city located in the Browns Creek Watershed District however excepting from Browns Creek the areas located West of Trunk Highway 5, South of Trunk Highway 36 and north of 55th Street. BE IT FURTHER RESOLVED, that as to the computation of acreage as it affects each development or connection related to the collection of these fees, all such computations shall be made through the office of the City Engineer with all such fees being thereafter collected through the office of the City Administrator. No connection shall be made to any municipal utility system until such time as the connection fees as calculated and determined by the office of the City Engineer have been collected. Passed by the City Council for the City of Oak Park Heights this 28th day of December, 2004. `15avid Beaudet, Mayor EST• nc Johnson City Adminis a r • RESOLUTION NO. 04 -12 -58 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING SEWER USAGE RATES WITHIN THE CITY OF OAK PARK HEIGHTS EFFECTIVE JANUARY 1, 2005 WHEREAS, the City of Oak Park Heights by resolution and ordinance regulates 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 a sewer rate increase to accommodate the cost for administrating, managing, and providing municipal sewer services to the citizens of the City of Oak Park Heights and all properties connected thereto; and, WHEREAS, the City Council has reviewed said rate increase 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, 2005, the City of Oak Park Heights shall establish a municipal sewer rate for all users as follows: a. A monthly rate of $.75 for administrative fees, and $3.18 per 1,000 gallons of water used for the first 5,000 gallons, with a per quarter minimum charge of $16.65. b. A rate of $3.40 per 1,000 gallons of water used over 5,000 gallons. C. Residential sewer rates are determined by the amount of water used in the month of December of each year. Commercial, industrial and institutional sewer rates are based on actual usage. • Passed by the City Council for the City of Oak Park Heights this 28th day of December, 2004. David Beaudet, Mayor AT ST: A ri r 7raor, A inist RESOLUTION NO. 04 -10 -59 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING WATER USAGE RATES WITHIN THE CITY OF OAK PARK HEIGHTS EFFECTIVE JANUARY 1, 2005 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, 2005, the City of Oak Park Heights shall establish a municipal water rate for all users as follows: a. A monthly rate of $.37 for administrative fees, $.43 for state water connection, and $1.34 per 1,000 gallons used for the first 5,000 gallons, with a per quarter minimum charge of $7.50. b. A rate of $1.34 per 1,000 gallons for water use above 5,000 gallons up to 16,000 gallons. C. A rate of $1.76 per 1,000 gallons for water use above 16,000 gallons up to 33,000 gallons. • d. A rate of $2.11 per 1,000 gallons for water use above 33,000 gallons. Passed by the City Council for the City f Oak k Park Heights this 28th day of December, 2004. David Beaudet, Mayor A S E A. o nson dminis for A Resolution by the Cities of Bayport, Oak Park Heights, Stillwater and Baytown Township to Support the Construction of a New 150 -Bed Segregation Unit at the Stillwater Correctional Facility Located in Bayport, Minnesota. WHEREAS; the City of Bayport, the City of Oak Park Heights and the City of Stillwater, and Baytown Township, have positive and long - standing relationships with the Minnesota Department of Corrections Facilities located in Bayport and Oak Park Heights; and, WHEREAS; the Department of Corrections, through its local Citizen Advisory Committees, have provided the local communities information of the events, issues and procedures at the Stillwater Correctional Facility; and, WHEREAS; the Minnesota Department of Corrections has proposed the construction of a 150 -bed, state -of- the -art Segregation Unit at the Stillwater Correctional Facility: and WHEREAS; the Segregation Unit is designed to humanely separate inmates with special mental health needs and difficult -to -handle personalities from the general prison population, and WHEREAS; the construction of the proposed Segregation Unit will have a positive impact on improving correctional officer safety at the Stillwater Correctional Facility. NOW, THEREFORE, BE RESOLVED: the Cities of Bayport, Oak Park Heights, Stillwater and Baytown Township do support the proposed construction of the Segregation Unit at the Stillwater Correctional Facility located in Bayport, Minnesota. 1 .. 6 4 1 -el Baytown Township Resolution # / Date it ort esolution # / Date City o P eights Resolution # / Date ao0 , 9 1 - go C' o to Resolution # / Date City of Oak Park Heights 14168 Oak Park Blvd N.• Box 2007.Oak Park Heights, MN 55082 • (651) 4394439 • Fax 439 -0574 April 6, 2004 Mr. Dave Corbo, Warden Minnesota Correctional Facility - Stillwater 970 Pickett St, N. Bayport, MN 55003 Dear Warden Corbo, Enclosed you will find the discussed Resolution of Suntiort for the construction of the 150 -bed Segregation Unit. If you have any questions ase do not hesitate to contact me. gards, Eric Johns City trator Cc: City of Stillwater City of Bayport Baytown Township