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HomeMy WebLinkAbout2003 Resolutions CITY OF OAK PARK HEIGHTS RESOLUTION 03 -01 -01 A RESOLUTION APPROVING APPOINTMENTS FOR THE CITY OF OAK PARK HEIGHTS IN 2003 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following for 2003: Deputy Mayor (Mayor Pro -tem): Mark Swenson 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 Joint Cooperation Committee: David Beaudet Les Abrahamson Jack Doerr Mary McComber . Mark Swenson Wash. Co. League of Loc. Gov.: Mary McComber Chamber of Commerce: Mary McComber Assistant Weed Inspector: Rolland Staberg Coalition of Utilities Cities: David Beaudet Coalition of Utilities Cities Alternates: Jack Doerr Mary McComber 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 MBeaude ay, Davi, r ATTES T: 0 Judy Holst, cting City Administrator CITY OF OAK PARK HEIGHTS is RESOLUTION 03 -01 -02 A RESOLUTION DESGNATING THE COURIERNEWS AS THE CITY OF OAK PARK HEIGHTS OFFICAL NEWSPAPER WHEREAS, the City of Oak Park Heights has determined the need to designate two newspapers as the official newspaper of the City for 2003 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 2003. Passed by the City Council of Oak Park Heights this 14 f January, 20 . /avi OBeaudet, ayor ATTEST: Judy H61st, Aa rig City Administrator U • • CITY OF OAK PARK HEIGHTS RESOLUTION 03 -01 -03 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 2003 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 2003. Passed by the City Council of Oak Park Heights this 14 da of January, 2003. David Beaudet, Mayor ATTEST: Judy IK St, ing City Administrator • • CITY OF OAK PARK HEIGHTS RESOLUTION 03 -01 -04 A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS FOR THE CITY OF OAK PARK HEIGHTS IN 2003 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following consultants for 2003: 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 this 14th day-of January, 2003. avid Beaudet, ay or ATTEST: Judy �Wlst, ting City Administrator • CITY OF OAK PARK HEIGHTS • RESOLUTION 03 -01 -05 A RESOLUTION DESIGNATING 2003 CHECKING & BANK DEPOSITORIES Central Bank — Checking, Savings and Investments Lake Elmo Bank — Investments First State Bank and Trust — Investments US Bank — Investments Jennings State Bank — Investments Wells Fargo Bank — Investments League of Minnesota Cities 4M Fund — Investments Salomon Smith Barney — Investments Edward Jones - Investments Passed by the City Council of Oak Park Heights t is 14th January, 2003. ATTEST: ` z O6 , e/ David Beaudet, Mayor 4 Judy L ' Ist, Ap ting City Administrator CITY OF OAK PARK HEIGHTS RESOLUTION 03 -01 -06 A RESOLUTION DESIGNATING RIVER VALLEY PRINTING AS THE CITY OF OAK PARK HEIGHTS' OFFICIAL PRINTER FOR CITY NEWSLETTERS WHEREAS, the City of Oak Park Heights prints a newsletter for residents and local businesses. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights designates River Valley Printing as the official printer for City newsletters for 2003. Passed by the City Council of Oak Park Heights this 14' d anuary, 2003. DABeaude ATTEST: Jud olst, Ming City Administrator • CITY OF OAK PARK HEIGHTS ECONOMIC DEVELOPMENT RESOLUTION 03 -01 -07 A RESOLUTION APPROVING APPOINTMENTS FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF OAK PARK HEIGHTS IN 2003 BE IT RESOLVED, that the Economic Development Authority for the City of Oak Park Heights hereby appoints the following for 2003: Economic Development Authority: President: Mary McComber Vice - President: Jack Doerr Secretary: Mark Swenson Treasurer: Les Abrahamson Asst. Treasurer: Judy Holst Passed by the Economic Development Authority of the City of Oak Park Heights this 28 day of January, 2003. Presi ATTEST: Ju � st cting City Administrator t� • • RESOLUTION 03 -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 29, 2003 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 29, 2003 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 29, 2003 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 28th day, anuary, 2003. 1 David Beaudet ATTEST: Mayor Judy t f` Actin City A inistrator • ' a • RESOLUTION NO. 03R01v09 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 (VSSA) FOR VACATION OF STREET RIGHT -OF -WAY AND DRAINAGE AND UTILITY EASEMENTS TO ALLOW THE FINAL PLAT OF McKEAN WEST AND THE CONSTRUCTION OF EIGHT HOUSING UNITS ON NOLAN AVENUE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from VSSA for vacation of street right -of -way and drainage and utility easements to allow the final plat of McKean West and the construction of eight housing units on Nolan Avenue in Boutwells Landing; 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: 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. On September 24, 2002, the City Council approved an amendment of the Boutwells Landing concept/general plan of development and rezoned the area to PUD District; and 4. Valley Senior Services Alliance has submitted a preliminary and final plat in compliance with Chapter 402, the Subdivision Ordinance of the City of Oak Park Heights; and • 5. On October 22, 2002, the City Council approved the preliminary and final plat titled McKean West; and 6. The requested vacation of street right -of -way and drainage and utility • easements is required before the final plat of McKean West can be recorded; and 7. City staff prepared a memorandum dated January 9, 2003 reviewing the request; and 8. The memorandum dated January 9, 2003 recommended that the request be approved with conditions; and 9. The,Planning Commission held a public hearing at their January 16, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application 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 applications submitted by VSSA for vacation of street right -of -way and drainage and utility easements to allow the final plat of McKean West and the construction of eight housing units on Nolan Avenue 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 vacation of street right -of -way and drainage and utility easements shall be subject to City Attorney and City Engineer review and approval. Approved by the City Council of the City of Oak Park Heights this 28 day of January 2003. Aeaudet, r ATTEST: Judy 1st, �tmg City Administrator 2 . E)=IT A LEGAL DESCRIPTION VACATE PORTION OF NOLAN AVENUE NORTH THAT ACCRUES TO OUTLOT B That part of platted Nolan Avenue North from BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota lying southwesterly of the following described line: Commencing at the southerly most comer of Lot 1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line, being the point of beginning of the line to be described; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 55.00 feet to the curve point on the southeasterly line of said Nolan Avenue North, and said described line there terminating. Excepting from said vacated portion of Nolan Avenue North described as follows: Beginning at the southerly most comer of said Lot 1, Block 4; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 27.50 feet to the center line of said • Nolan Avenue North; thence southwesterly along said center line to the intersection with a southeasterly projection of the southerly line of said Lot 1, Block 4; thence northeasterly along said projection to the point of beginning. LEGAL DESCRIPTION VACATE PORTION OF NOLAN AVENUE NORTH THAT ACCRUES TO LOT 1 BLOCK 4 That part of platted Nolan Avenue North from BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota described as follows: Beginning at the southerly most comer of Lot 1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 27.50 feet to the center line of said Nolan Avenue North; thence southwesterly along said center line to the intersection with a southeasterly projection of the southerly line of said Lot 1, Block 4; thence northeasterly along said projection to the point of beginning. LEGAL DESCRIPTION . DRAINAGE AND UTILITY EASEMENTS All of the platted drainage and utility easements over Lot 1, Block 5, • BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. • • _..... } ..0..'..`..._ AK PAF�K HEIGHTS , - � DEVE MENT APPLICATION F OA LOP . ATTACIRviENT B 14168 Oak Park Boulevard P.O. Box 2007 Base Fee: Oak Park Heights, MN 55082 Escrow Amount (651) 4394439 Fax (651) 439 -0574 Street Location of Property NO J_ Iq )v Avg : / V O)e/ Legal Description of Property '4 d'- I S /04 d u �'W {rls C Owner: Name VS S ' _ J ji 6 d Address: Ord � h� My: . eu ' e State: ,M/v Zip: S.� //3 Telephone: (Home) (Business) (off/ (Fax) 6 ,5_1 (Other) , Applicant: Name fJ. Addres �4S - A) © lt'!r� int� �• • City: l�� ,State: Zip:.. S'�.S'/43 c, 4cJ Telephone: (fie) a Business) 4 46'& - 2- (Fax) Ate/ 631- Oo22. (other) _Ce ll 4 � Type of Request(s) Zoning District Amendment Home Occupation Conditional Use Permit Variance: Single Family Residential Site Plan Review _ Variance: Other ResidentiaUCommerciaUJndustdat PUD: Amendment Subdivision PUD: Concept Plan Subdivision: Minor PUD: General Plan Comprehensive Plan Amendment Street Vacation Description of Request(s): . —E CG to eG?.s� /l9 el? . If a request for planningizoning action on the subject site or any part thereof has been p reviously a rov d, ple se describe it beio�v: o p PP / � l / 614 ch � ter, �Y� iyr Gl� �i�a� ��Q • 0Owner /Applicant Initials D DEC 1 8 2002 Development Application; Page 2 r General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved, all required information and fees, including any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Sixty (60) Day Waiver The City hereby notifies the applicant that development review may not be completed within the required 60 days due to public hearing requirements and agency review; therefore, the City is exercising an automatic 60-day extension for development review. Development review will be completed within 120 days unless additional review- extensions-are approved by the owner /applicant. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. 'if payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application• and shall be paid.pdor the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utill billings and may be assessed against the subject real property if unpaid by October 31 of each year. e Address �(� d l c�ti , l I" Prop rty ,� �� r a /`' Rou . Date. �2•e. � a..,2 w.._ Owner Signature (lt'°'^Q Date:P��_ Applicant Signatur6 Folz, Freem•; _., Dupay '& Associates, Inc. K LAND SURVEYING LAND PLANNING • , w—{�} a 5620 MEMORIAL AVENUE NORTH • STILLWATER, MINNESOTA 55082 Y 4 (651) 439 -8833 Fax (651) 430 -9331 David L Dupay, LS Timothy J. Freemen, LS Bruce A Folk, LS President Vice President 1939-2001 LEGAL DESCRIPTION VACATE DRAINAGE AND UTILITY EASEMENTS . All of the platted drainage and utility easements over Lot 1, Block 5, BOUTWELLS LANDING, according to the-plat thereof on file and -of record in the office of -the County Recorder, Washington County, Minnesota. LEGAL DESCRIPTION VACATE PORTION OF NOLANAVENUE NORTH. That part of platted Nolan Avenue North from BOUTWELLS LANDING, according to the plat thereof on file and of record in the. office of the County Recorder, Washington County, Minnesota lying southwesterly of the following described line: Commencing at the southerly most comer of Lot .1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line, being the point of beginning of the line to be described, thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 55.00 feet to the curve point on the southeasterly line of said Nolan Avenue North, and said described line there terminating. I hereby certify that this legal description was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the State of Nliinnesota. / IV /Z Timothy J. F ! Daj� Mmnesota IF c No. 1 89 • Folz, Freeman -- ,ay & Associates, Inc. 1 01 o bi + LAND SURVEYING LAND PLANNING ^ 0 �� 15M MEMORIALAVENUE NORTH • STRIMTER, MINNESOTA SM : (8S' 1)438.8899 • Fsx (651)190.8331 o.. DAM w Vb: n.Wlaw Ld / �'•`?� 6� ' " gi g 0� �;; Ir e . / D - r "•' ' `��' I$>~ O r 170 73 r L ' v n n Ire' n _ y R� \ `� 170.70 m - �ry d `222.00 „ \ ° >t— — — — r -4 A, �8 03 3 0 S89 24 45 E m L �c'63.70 N89 7"E r ' ° p er ,; ' 05 �• �o . � 03,,E u �� � " y ' �3 N es 1 ' 4s "A o� 5 V �b � O � ,cy ►Cb ` ' -24 04 .' =,�4) Al 6g OO • s 0 �\ o ,�`ti o ti�0' �p, Q O��� o �, 50 •� Qj� .s?8' W CB= N3073'41 "E BL 0 CK to °9 �$ . 9$. L =5 7 7.6 ����o ys8 . ;� � =66* 05'22" THREE s R =50 00 T. 1/Ac'A ?6D R/w �' D,�A1i1/.4G� u7/L /7 r F&51 1 89 "N�'` 85.68 z 8568 , ��., BLOC .�� P�A? I s89VO'57 " �`� . {;= - �r:: // �V,t' ,1��7f��ri4c�� u -TEL /T1� S&77- TWO v 3 k .� E R �� I L 0 �. ^000 Z ` 9 ! U' �." Luj t.0 cp <f / ... _... \ age N ' m , `Edge Wetland '"` m • RESOLUTION 03 -02 -10 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION IN SUPPORT OF XCEL ENERGY'S METRO EMISSIONS REDUCTION PROJECT WHEREAS, Xcel Energy has proposed to convert the Saint Paul High Bridge coal plant and the Minneapolis Riverside coal plant to natural gas by 2007 and 2009, respectively, and to install best available pollution control technology at the Allen S. King coal plant in Oak Park Heights, by 2006, which proposal is known as the Metro Emissions Reduction Project; and WHEREAS, the Metro Emissions Reduction Project would reduce nitrogen oxide emitted from these three coal plants by 91 percent, reduce sulfur dioxides by 93 percent and reduce particle emissions by 70 percent, preventing acid rain, ozone formation, asthma, lung disease and death caused by these emissions. The health costs saved just by reducing particle pollution from these three coal plants has been estimated at over $100 million per year; and WHEREAS, the Metro Emissions Reduction Project would reduce mercury • emissions by approximately 178 pounds per year, preventing mercury from being deposited on Minnesota lakes where it can contaminate the fish and cause brain damage to children who eat or whose pregnant mothers eat the fish; and WHEREAS, the Metro Emissions Reduction Project would reduce carbon dioxide, a powerful global warming gas, by more than 18 million tons over ten years, and also have the local effect of removing hundreds of thousands of tons of coal from the banks of the Mississippi River in both Minneapolis and St. Paul; and WHEREAS, in order for the Metro Emissions Reduction Project to proceed, the Minnesota Public Utilities Commission must approve the Project and rate recovery sought by Xcel Energy; NOW, THEREFORE, BE IT RESOLVED that the City of Oak Park Heights formally requests the Minnesota Public Utilities Commission to take the following actions with respect to the Metro Emissions Reduction Project: 1. Approve the Metro Emissions Reduction Project on the grounds that the health, environmental, environmental justice and economic development benefits of the Project more than justify the costs of the project. 2. Assure that the Metro Emissions Reduction Project is approved as a single unified package, so that the repowering of the High Bridge and Riverside coal plants is assured. • 3. Speed up the time line for emissions reduction to the maximum extent feasible, especially the time line for repowering of the Riverside and High Bridge coal plants with natural gas. 4. Ensure that the costs of repowering are borne equitably based on energy consumption, so that costs are not unfairly imposed on small, residential customers. Passed by the City Council of Oak Park Heights this 11th day of February, 2003 az: David Beaudet ATTEST: Mayor Ju4j,,Holst // Adng A ministrator • RESOLUTION 03 -02 -11 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION TO SUPPORT MODIFICATION AND REISSUANCE OF A PERMIT FOR THE ALLEN S. KING FLYASH WASTE DISPOSAL FACILITY WHEREAS, since 1968 the coal flyash waste from the King Plant is being disposed at this site; and WHEREAS, the site contains 46 acres of land in the City of Oak Park Heights; and WHEREAS, it is estimated that the King Plant for each year for the next five years will dispose 40,000 cubic yards of flyash a year at this site; and WHEREAS, flyash contains many hazardous materials such as mercury, lead, boron and radium; and WHEREAS, the King Plant will dispose of approximately 50 pounds of mercury and 100 pounds of lead each year; and WHEREAS, the clean King Plant electrical energy is used throughout the Metropolitan area, generation of this power is not clean and effects the City of Oak Park Heights; and WHEREAS, the current disposal system of a double liner to prevent the flyash from coming in contact with the water and air, is the best management practice for flyash waste disposal; and WHEREAS, water that comes in contact with the flyash as each containment cell is filled, is treated for safe release into the environment. NOW, THEREFORE, BE IT RESOLVED: the City of Oak Park Heights supports the reissuance solid waste permit for the King Plant; and BE IT FURTHER RESOLVED: the City of Oak Park Heights supports the efforts of Xcel Energy and staff who support the facility for their efforts to keep the public informed and to protect the environment. Passed by the City Council of Oak Park Heights this AavidBeaudet e ary, 200 ATTEST: Mayor /7 Jud olst Acting Administrator RESOLUTION NO. 2003- 02 -12 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA WHEREAS, the County of Washington has contacted the cities that maintain solid waste collection contracts requesting that the cities include, within their billings to customers, a charge of approximately $2.80 to $3.80 per month, depending on size of garbage container, which charge will then be passed through to the County, as and for County environmental charge; and, WHEREAS, there is no statutory authority requiring the cities to collect on behalf of the County, the charge that they are requesting, and, WHEREAS, Minn. Stat. §400.08 does authorize the County to establish and determine solid waste management area and assessment fees and charges; and, WHEREAS, the cities are not being compensated for their administrative expense in billing, collection and forwarding on to the County of such proposed charges, under the County's proposal; and, • WHEREAS, the nature of the billing will precipitate a volume of calls to the City offices about the charge, for which the City staff will not have sufficient information in order to inform and deal with the calls from the constituents; and, WHEREAS, it is best that the charging authority be the direct recipient of the constituent calls, relative to questions with regard to the tax or charges so collected. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the City declines to collect the County environmental charge as proposed, and suggests that Washington County secure a direct billing to the County constituents for the fees and charges that the County wishes to assess them for this service. Passed by the City Council for the City of Oak Park Heights this (fi h day of February 2003. , BY ITY L David Beaudet, Mayor ATTEST: Jud ''Holst Acting City Administrator F RESOLUTION NO. 03 -02 -13 • OF THE 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 DDD LLC FOR A CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW FOR BUILDING AND SITE PLAN CHANGES FOR CONSTRUCTION OF BUILDING TWO AT MEMORIAL AVENUE NORTH AND 55' STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from DDD LLC for a conditional use permit/planned unit development amendment to allow for building and site plan changes for construction of Building Two at Memorial Avenue North and 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: • 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 and Warehousing District, in which business warehousing activities and commercial and professional offices are permitted uses; and 4. The proposed site plan changes include increasing the number of parking spaces to a total of 99 and decreasing the size of Building Two to 7,604 square feet; and 5. The City staff prepared a memorandum dated February 6, 2003 reviewing the request; and • 6. The memorandum dated February 6, 2003 recommended that the request be approved with conditions; and t• a 7. The Planning Commission held a public hearing at their February 13` • 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application 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 DDD LLC for a conditional use permit /planned unit development amendment to allow for building and site plan changes for construction of Building Two at Memorial Avenue North and 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. The applicant should explore incorporating additional vertical features in the facade of Building 2. 2. The grading, drainage, and utility plans are subject to review and approval of the City Engineer. 3. The landscape plan is subject to review and approval of the City Arborist. 4. The site plan that includes parking up to the east property line and is labeled Exhibit 7 in the planning report is rejected. 5. Buildings 1 and 2 shall be permitted a total of 17,604 square feet of floor area for office use in combination with a total of 7,200 square feet of floor area of warehouse space based upon a total parking capacity of 99 stalls on site. Approved by the City Council of the City of O ark Heights thi 25 day of February 2003. t id eaude , Mayor ATTEST: Judy AcCity Adminisirator 0 2 ATTACHMENT A Washington County GEO Code: 06- 029 -20 -24 -0004 Legal Description: Lot 2, Block 1, Kern Center Second Addition ATTACHMENT B Conditinoal Use Permit / Planned Unit Development (PUD) Amendment DDD, LLC 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: February 5, 2003 Required Approvals: Conditional Use Permit PUD Amendment Planning Commission 3/5 4/5 City Council 3/5 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any bulding, 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) PUD Amendment - 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. 03 -02 -14 • OF THE 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 (VSSA) FOR PLANNED UNIT DEVELOPMENT (PUD) APPROVALS FOR GENERAL PLAN OF DEVELOPMENT, REZONING TO PUD, AND PRELIMINARY /FINAL PLAT FOR THE AREA SOUTH OF NORWICH PARKWAY AND NOLAN AVENUE NORTH WITHIN THE McKEAN SQUARE DEVELOPMENT OF BOUTWELLS LANDING BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance for Planned Unit Development (PUD) approvals for general plan of development, rezoning to PUD, and subdivision for the area south of Norwich Parkway and Nolan Avenue North within the McKean Square development of Boutwells Landing; 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: 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. Valley Senior Services Alliance has proposed a 151 unit development requiring PUD approval for general plan of development, rezoning from O, Open Space to PUD, Planned Unit Development District, and preliminary /final plat approval of McKean Square; and 4. The City staff prepared a memorandum dated February 7, 2003 reviewing the request; and • 5. The memorandum dated February 7, 2003 recommended that the request be approved with conditions; and 6. The Planning Commission held a public hearing at their February 13`", • 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application 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 General Plan of Development approval, rezoning to PUD, and the McKean Square preliminary /final plat 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 applicants shall revise the McKean Square plat to label areas as blocks and lots. The McKean Square plat shall be subject to review and approval of the City Engineer and City Attorney. All street, utility, and drainage easements dedicated for the project shall be subject to review and approval of the City Engineer. • 2. The general plan approvals do not include consideration of the area identified for a historic church and school. The plat and site plans reflect that area to be excluded from general plan approval. 3. The Planning Commission recommends that the one access point that is already provided by the McKean West plat shall provide adequate access to the Stillwater High School Environmental Learning Center. 4. The landscape island within Nolan Parkway shall be removed and the curb lines shall be reconfigured subject to review and approval of the City Engineer. 5. VSSA shall accept maintenance responsibilities for all trail systems in the development and the sidewalks within the Nolan Parkway and Nolan Lane right -of -way. The City shall work with VSSA to revise the existing development agreement to require maintenance of all sidewalks and trails in the entire Boutwells Landing development. 6. A sidewalk/trail connection shall be provided on the east side of the development to Norwich Parkway. 7. The Parks Commission and City Council should comment and recommend the specific trail and sidewalk locations within the development. 8. Grading and drainage plans shall be subject to review and approval of the City • Engineer and review of the applicable watershed authority. 2 • 9. Utility plans shall be subject to review and approval of the City Engineer. 10. The Planning Commission has reviewed proposed building material samples and recommends approval of the materials presented. 11. The applicants shall provide lighting details including pole /fixture heights and examples of fixture style. Plans for all lighting attached to the buildings shall be submitted to the City. All final lighting plans shall be consistent with Zoning Ordinance lighting standards and subject to review and approval of City staff. 12. VSSA shall accept maintenance and operational responsibilities for all lighting fixtures in the development. The City shall work with VSSA to revise the existing development agreement to require VSSA to accept operation and maintenance expense for all lighting fixtures in the Boutwells Landing development. 13. The applicant shall provide material samples for the signs and plans if/how they will be lit subject to review and approval of City staff. 14. The final landscape plans, tree inventory, and tree preservation plans are subject to review and approval of the City Arborist. 15. The applicant shall enter into a development agreement with the City specifying conditions of approval subject to review and approval of the City Attorney and City Council. 16. Any other conditions of City staff, Planning Commission, Parks Commissiion, and City Council. Approved by the City Council of the City of Oak Park Heights this 25 day of February, 2003. J David Beaudet, Mayor ATTEST: Judy U U ' st, A�ng City Administrator • 3 • RESOLUTION NO. 03-02-15 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, NIINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL BY THE CITY COUNCIL OF THE REQUEST OF VALLEY SENIOR SERVICES ALLIANCE (VSSA) REQUESTING VACATION OF STREET RIGHT -OF -WAY AND DRAINAGE AND UTILITY EASEMENTS TO ALLOW THE FINAL PLAT OF MCKEAN WEST AND APPROVING THE CONSTRUCTION OF EIGHT (S) HOUSING UNITS ON NOLAN AVENUE AS APPROVED WITH CONDITIONS WHEREAS, the City Council for the City of Oak Park Heights has received a request from VSSA for street vacation and vacation of utility easements to allow the final plat of • McKean West and to allow the construction of eight (8) housing units on Nolan Avenue in Boutwells Land; and, WHEREAS, after having conducted public hearing relative thereto, the Planning Commission for the City of Oak Park Heights has recommended that the application be approved with conditions. The City Council for the City of Oak Park Heights, therefore, makes the following: FINDINGS OF FACT 1. The real property affected by said application is legally described as set forth in Exhibit "A." 2. The Applicant has submitted an application and supporting documentation to the Community Development Department and is the owner of the underlying fee of the subject property and all adjacent land thereto. 3. That on September 24 the City Council approved an amendment to Boutwells Landing concept/general plan of development and rezoned the area to PUD district. 4. Valley Senior Services Alliance has submitted a preliminary plan in compliance with Chapter 402, the subdivision ordinance of the City of Oak Park Heights. • 5. On October 22, the City Council approved the preliminary final plat entitled • McKean West. 6. The requested vacation of street right -of- -way and drainage and utility easements is required to be implemented before the final plat of McKean West can be recorded in the office of the County Recorder and County Surveyor for Washington County, Minnesota. 7. City staff prepared a memorandum dated January 9, 2003 reviewing the issues raised by the request and supporting same. 8. The memorandum dated January 9, 2003 recommended the request be approved with conditions. 9. The Planning Commission held a public hearing at their July 16, 2003 meeting, took comments from the applicants and from the public and closed the public hearing thereon and thereafter recommended that the application be approved subject to conditions as recommended. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the City of Oak Park Heights approves the following: a. The application submitted by VSSA for a vacation of street right -of -way and drainage and utility easements to allow the final. platting of McKean West and the construction of eight (8) housing units on Nolan Avenue affecting property described as follows: (See Exhibit • "A„ b. The same is hereby approved by the City Council for the City of Oak Park Heights and the vacation requested is hereby granted as it affects said property identified in Exhibit " C. The s ame i s h ereby approved and the conditions imposed by the Council requiring City Attorney and City Engineer approval have been met and such approvals have been issued. BE IT FURTHER RESOLVED, that the City Administrator shall prepare a Notice of Completion of these proceedings which shall contain the name of the city, the identification of the property to be vacated, statement of the time of completion thereof and a description of the real estate and land affected thereby. Said notice shall be presented to the office of the County Auditor /Treasurer, who shall enter same in his transfer records and note upon the instrument over his official signature the words "entered into the transfer records." The notice shall then be filed with the County Recorder, all as required by Minn. Stat. §412.851. Adopted by the City Council for the City of Oak Park Heights this 25 day of February, 2003. BE IT FURTHER RESOLVED, that this resolution does hereby replace the resolution adopted by the City Council on January 28, 2003. th Approved by the City Council for the City of Oak Park Heights this 25 day of February, 2003. 1 p r David Beaudet, Mayor ATTEST: Judy�Iolst Acting City Administrator • FXHMIT A LEGAL DESCRIPTION VACATE PORTION OF NOLAN AVENUE NORTH THAT ACCRUES TO OUTLOT B That part of platted Nolan Avenue North from BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota lying southwesterly of the following described line: Commencing at the southerly most corner of Lot 1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line, being the point of beginning of the line to be described; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 55.00 feet to the curve point on the southeasterly line of said Nolan Avenue North, and said described line there terminating. Excepting from said vacated portion of Nolan Avenue North described as follows: Beginning at the southerly most corner of said Lot 1, Block 4; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 27.50 feet to the center line of said Nolan Avenue North; thence southwesterly along said center line to the intersection with a southeasterly projection of the southerly line of said Lot 1, Block 4; thence northwesterly along said projection to the point of beginning. LEGAL DESCRIPTION VACATE PORTION OF NOLAN AVENUE NORTH THAT ACCRUES TO LOT 1 BLOCK 4 That part of platted Nolan Avenue North from BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota described as follows: Beginning at the southerly most corner of Lot 1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 27.50 feet to the center line of said Nolan Avenue North; thence southwesterly along said center line to the intersection with a southeasterly projection of the southerly line of said Lot 1, Block 4; thence northwesterly along said projection to the point of beginning. LEGAL DESCRIPTION DRAINAGE AND UTILITY EASEMENTS All of the platted drainage and utility easements over Lot 1, Block 5, BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. • RESOLUTION 03 -03 -16 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF THE AMERICAN CANCER SOCIETY TO CONDUCT A ONE -DAY RAFFLE AT THE STILLWATER AREA HIGH SCHOOL ON AUGUST 2, 2003 WHEREAS, the American Cancer Society has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one -day raffle on August 2, 2003 at the site of the Stilwater Area High School, 5701 Stillwater Blvd. N., Oak Park Heights, Minnesota; 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 the American Cancer Society 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 American Cancer Society with the State of Minnesota Gambling Control Board to conduct a one -day raffle on August 2, 2003 at the site of the Stillwater Area High School, 5701 Stillwater Blvd. North, within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 1 1' h day of 1 2003. David Beaudet ATTEST: Mayor Ju �ls H Acting City Administrator • ,'11'IR 11 C'✓JUJ 11.11 HI 'ItKI I,HN UHMI -H SUC. 952 925 6333 P.02iO4 e Vol Minnesota Lawful Gambling ror *a m use airy my LG220 - Application for Exempt Permit Fee - $25 Pid Organization Information Chodc No. Organization names Previous lawfulgambting exemption number A " c Y C CV K. Gil" C C Y' 1 5" i Gtr,/ Stnast I City ' I State/Zip Code County IA;- 64 ' Sr Ki_HNr %S t { �IV�sS C ;n Nome of chief executive officer (CEO) First name Lastnorrie Daytime phone nurnbarof CEO —. 0Nr ISO,. rT'o NaMeof treasurer Cfklmmphone numberof First name Lastname treasursr,6;1 5a3-S5'yo Ho/ ToY ST vC id 611m. Type of Nonprofit Organization Check the box that best describes your organization. Fraternal [3 Religious 0 veteran a0ther nonprof# organization Check the box that indicatees the type of proof your organization attached to this application.' IRS letter indicating income tax exempt status Cerfficate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affi ete of lit parent nonprofit organization ❑ Proof previousty submitted and on fie with the GarnbUng Control Board • Gambling Premises Information Name of premises where gambling actl0ty will be conducted (for raffles, list the site where the drawing will t4a place) s ,l ficr,� Cyt:b r ffr�k S'c.4oQ Address (do not use PO box) city 5 face► +Zip Code County 2121 jJlu�s�e -+r 13 Glak & rg ��k.1s R�� S 'SU8 Z G ttkV rq Date(s) of activity (for raffles, indicate the date of +e drawing) AV_ r cc S t � , .4 00 3 Checkthebox or boxes that indicate the type of gambling activity your organization will be conducting: ❑ 'Bingo MR2Mes (cash prizes may not exceed $12,000) [3 "Paddlewheels 'Pull -Tabs ❑ fiipboards 'Equipn*M for these activities must be obtained from a licensed distrtbutor. i his form will be mad# available in Your name and and your omanizatbn's the tollowing Hoard mow0ers, stag of the alternative Format (i.e. large print, Braille) name and address will be public information Board whose work assignment requires upon request. The information requested when received by the Board. AN the other that they have access to the information; on the form (and any attachments) will be information that you provide will be private the Minnesota Deportment of Public Safety; used by the Gambling Control Board date about you until the Board issues Your the Minnesota Attorney General; the (Board) tv determine yourquaffiicationsto permit. When the Board issues your Minnesota Cornmissioners of be, involved in lawf rl gambling activities in permit, all of the information that you have Administration, Finance, and Revenue;the N11rinesota. You have the right to refuse to provided to the Board in the process of Minnesota LegisWveAuditor ,natlonriland supply the information requeded; howemr, applyirQ ror yo ur perm it wt� become pubic, intematianalgambling regulatoryagentdes; iryou refuse to supply this in brtnotion, the ; the Board does not issue you a permli anyone pursuant to court order; other Board niny not be able to determine yoLc all the Information youhaveprouided In the individuals and agencies that are qualifications and,asa eonsequence, may ProoM of applying 'ror a permit remains specificallyauthorized by state or federal refuse to issue you apermit, ryou supply Private, with the exception of your harne law to have access to the information; the inrorrnatipn requested, the Board will and Your oromization's nameand address individuals and agencies for which law or be able ioprocessyourappication. which vnl remain public. legal order authorizes anew useorsharing Private data ctbout you oreavailableonlyto of information afterthiallotice was given; • and anyone with your consent. i• IHK - '1'1 - Gbb3 11:'l� HI'tK1C:RN CRNCER SOC. 952 925 6333 P.03iO4 LG - Application for Exempt Permit Page 2V Organindov Name, „.l31±�'! __- -- Local Unit of Government Acknowledgment if the gambling premises is within clty limits, the If the gambling promises Is located In a township, boat city must sign this application. the county and township must sign this atpplicallon. On behalf of the city, i acknowledge this application. an behalf of the county, t acknowledge this application. Check the action that Check the action that the city is taking this application. the county is taking on this application. The city approves The application with no D The county approves the applicaWn with no waiting period, waiting penodd. The city approves the application wb a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a O wa,itring period, and allows the Board to issue a permit after 30 days (60 days for afirst class !ism* after 30 days. city), The city denles the application. 13 The county denies the application. Print Print name of county-- .�_---- _ - - - - -_ -_ -- (Sly of city pe rnel receiving application) (Signature of county personnel receiving application) V Tide Title- „• - - -- --• -- Date„ P _„ - ! . TOWNSHIP: On behaff of the Aawnship, l acknowledge that • the organization is applying for exernptecl gambling activity within the tcwnship limits. [A township has no sletwtory authority to approve or deny an application (Minn. Stat. sec. 349213, subd, 2).) Pr name of township (3gnatw'c of township official acknowledging appiration) Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of myknowledge. Chief executive officer's signaturQX „_ Name (please print)__-_„_Tow _ 'c' r �s o � _ Date 1 t Mail Application and Attachments At least 45 days prior to your scheduled activity date send :: • the completed application, If your application has not a cop of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota'). local urut of government or Application. fees are not prorated, refundable, or transferable, has been denied, do not Sand to: Gambling Control Board send the application IQ the 1711 West. County Road B, Sulte 300 South Garribling Control. Board. Roseville, MN 55113 • • CORPORATE RESOLUTION FOR BROKERAGE INVESTMENT ACCOUNT Account Number: Office Registered Rep.'s Name: Registered Rep.'s Number: Name for Filing EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: March 11, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council (the Council) of the City of Oak Park Heights (the City), Washington County, Minnesota, was duly called and held at the City Hall in the City on March 11, 2003, at 7:00 P.M. The following members were present: Mayor Beaudet and • Councilmembers Doerr, Abrahamson, McComber and Swenson and the following were absent: Member Swenson introduced the following resolution and moved its adoption: RESOLUTION NO. 03-03-17 RESOLUTION AUTHORIZING AN INVESTMENT ACCOUNT WITH BNY CLEARING SERVICES, LLC BE IT RESOLVED by the City Council (the "Council ") of the City of Oak Park Heights, Minnesota, (the "City ") as follows: Section 1. Recitals. • OakParkHeights Page 1 . 1.01. The City, pursuant to Minnesota Statutes, Sections 118A.01 through 118A.08, has authority to invest "Public Funds" as defined in Minnesota Statutes, Section 118A.01(4) 1.02. Public Funds may be invested in the manner and in the securities detailed in Minnesota Statutes, Sections 118A.04 and I I8A.05. 1.03. Minnesota Statutes, Section 118A.02(1) permits the City Council to authorize the treasurer or chief financial officer to make investments. 1.04. The City of Oak Park Heights is a "Government Entity" as defined in Minnesota Statutes, Section 118A.01(2). 1.05. Subject to compliance with Minnesota Statutes, Section 118A.04(9), the treasurer or chief financial officer may purchase securities through a broker - dealer. Section 2. Approval of Account/Investments. 2.01. The Finance Director, who is the City's "treasurer or chief financial officer ", is authorized to open and maintain an investment account with BNY Clearing Services, LLC, a Bank of New York Company ( "BNY ") through Northland Securities, Inc. ( "NSI "), and any BNY or NSI affiliate, subsidiary, or successor corporation, for the purpose of buying and selling such securities as may be permitted by Minnesota Statutes, Sections 118A.01 through 118A.08. The trading of options, trading on margin, and selling short is not authorized. • 2.02. The Finance Director or any duly appointed deputy thereto are authorized to act on behalf of the City with respect to the BNY/NSI investment accounts without any limitations. This authority includes, but is not limited to, the authority to open and close investment accounts, to execute documents on behalf of the City, to order securities transactions, to order assignment or transfer of securities and distribution of proceeds, and to otherwise make investment decisions on behalf of the City with respect to any investments or investment accounts. 2.03. That BNY/NSI and all transfer agents are authorized to rely upon the oral or written instructions of the Finance Director without further inquiry into that person's authority to act on behalf of the City. Furthermore, BNY/NSI and all transfer agents may continue to exercise such reliance until the City provides BNY/NSI with a certified copy of a resolution of the City revoking or modifying this resolution. OakParkHeights Page 2 The motion for the adoption of the foregoing resolution was duly seconded by Member Doerr , and upon voted being taken thereon, the following voted in favor thereof and the following voted against the same: Whereupon said resolution was declared duly passed and adopted on March 11„ 2003. STATE OF MINNESOTA ) )SS COUNTY OF WASHINGTON) I, the undersigned, being the duly qualified and acting City Finance Director of the City of Oak Park Heights, Washington County, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the preceding extract of minutes of a meeting of the City Council of said City held on the date therein indicated with the original minutes thereof on file in my office and that . the same is a full, true and correct transcript thereof insofar as said minutes relate to the topic described in the title of the resolution set forth in the extract. WITNESS my hand officially and the official seal of the City on March 11, 2003. /—le4 City Fin�o e DiW r (SEAL) OakParkHeights Page 3 RESOLUTION 03 -03 -18 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 1, 2003 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 1, 2003 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 1, 2003 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 25th day of March, 2003. i kid ATTEST: Mayor Jgd'y Hot? Acting City Administrator • RESOLUTION NO. 03 -03 -19 A RESOLUTION APPROVING A REQUEST TO DESIGNATE OBLIGATIONS AS QUALIFIED TAX EXEMPT OBLIGATIONS (BOUTWELLS LANDING - MCKEAN SQUARE PROJECT), SERIES 2003A, 2003B AND 2003C BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota (the "City "), as follows: 1. Authoritv. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 462C, as amended (the "Act "), authorized to issue and sell its revenue bonds or other obligations for the purpose of financing or refinancing the cost of housing developments for the elderly and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Companv's Proposal. VSSA McKean West, LLC, a Minnesota limited liability company (the "Company ") has proposed that the City issue $5,000,000 of revenue obligations to finance additional costs of the acquisition of land, site improvements and construction of multifamily townhomes and other multifamily housing facilities designated as senior rental housing located in the City of Oak Park Heights (the "Project ") and designate the revenue obligations as "bank qualified" within the $10,000,000 limit for 2003. 3. Approval. The Company's request is hereby approved. Additional provisions and • final terms of the proposed revenue obligations will be considered at the next meeting of the City Council. Adopted by the City Council of the City P H ghts, Mi s ta, this 25th day of March, 2003. t Mayor Attest: Cit Admjistrator 1517436v1 I, the undersigned, being the duly qualified and acting City Administrator of the City of ll,.l. D--1- T_T- :,`1. +.. T.T:... «..,...+.. 1+1-- «/'C+_ 77\ .l- 1 ---- 1 _. ..._..+: F_. +1...+ ..++,. ,.1.. ,.,7 1 .. ,...,. +,. :- ., STATE OF MINNESOTA ) . ) SS. COUNTY OF WASHINGTON ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Oak Park Heights, Minnesota (the "City "), do hereby certify that attached hereto is a compared, true and correct copy of a resolution approving a request to designate obligations as qualified tax exempt obligations, duly adopted by the City Council of the City on March 25, 2003, at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WITNESS My hand this 4th day of April, 2003. city, dminif or • 1517436v1 2 Y • Extract of Minutes of Meeting of the City Council of the City of Oak Park Heights, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at City Hall in said City of Oak Park Heights, on Tuesday, the 25th day of March, 2003 at 7:00 o'clock P.M. The following Council members were present: Beaudet, Abrahamson, Doerr, McComber and Swenson and the following were absent: Council member Swenson then introduced and read the following written resolution and moved its adoption: A RESOLUTION APPROVING A REQUEST TO DESIGNATE OBLIGATIONS AS QUALIFIED TAX EXEMPT OBLIGATIONS (BOUTWELLS LANDING- MCKEAN SQUARE PROJECT), SERIES 2003A, 2003B AND 2003C The motion for the adoption of the foregoing resolution was duly seconded by Council member McComber, and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • 1517436v1 RESOLUTION NO. 03 -03 -20 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF TAX EXEMPT LOAN PARTICIPATIONS (BOUTWELLS LANDING - MCKEAN SQUARE PROJECT), SERIES 2003A, 2003B AND 2003C BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota (the "City "), as follows: 1. Authority. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 462C, as amended (the "Act "), authorized to issue and sell its revenue bonds or other obligations for the purpose of financing or refinancing the cost of housing developments for the elderly and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Description of Project: Prior Note. On December 31, 2002 the City issued its $19,985,000 Multifamily Housing Revenue Note of 2002 (Boutwells Landing -McKean Square Project) pursuant to the Act and loaned the proceeds thereof to Valley Senior Services Alliance, a Minnesota nonprofit corporation (the "VSSA "), in order to provide financing or refinancing with respect to costs of the acquisition of land, site improvements and construction of multifamily townhomes and other multifamily housing facilities designated as senior rental housing located in the City of Oak Park Heights (the "Project "). Title to the Project is being transferred by VSSA to VSSA McKean West, LLC, a Minnesota limited liability company • whose sole member is VSSA (the "Company "). The Series 2002 Note (the "Prior Note ") are currently outstanding in the principal amount of $19,985,000. The proceeds of the Series 2002 Note were used for land acquisition and site improvements to the Project. The Company has proposed that the City issue $19,985,000 of revenue notes to refund the Prior Note and an additional $5,000,000 of revenue bonds to finance additional costs of the Project. 3. Plan of Financing. In order to refund the Prior Note (thereby providing permanent financing for the Project) and to finance the Project, the Company has proposed to this Council that the City issue "bank qualified" Tax Exempt Loan Participation Notes (Boutwells Landing -McKean Square Project) Series 2003A, in the principal amount of $10,000,000, Tax Exempt Loan Participation Note (Boutwells Landing -McKean Square Project), Series 2003B, in the principal amount of $9,985,000, and Tax Exempt Loan Participation Note (Boutwells Landing- McKean Square Project), Series 2003C, in the principal amount of $5,000,000, for a total principal amount of $24,985,000 (the "Notes "). The Notes will be placed for sale by U.S. Bancorp Piper Jaffray Inc. (the "Placement Agent ") with banking institutions (the Lenders ") pursuant to a Placement Agent Agreement among the City, the Placement Agent and the Company (the "Placement Agent Agreement "). The City, the Lenders and a banking institution to be determined (the "Servicer ") will enter into a Servicing and Intercreditor Agreement dated as of April 1, 2003 (the "Servicing Agreement "). The proceeds of the Notes will be loaned to the Company pursuant to a Loan Agreement dated as of April 1, 2003 among the City, the Company and the Lenders (the "Loan Agreement "). Repayment of the Notes will 1505297v1 • be secured by collateral provided by the Company including the Mortgage (as hereafter defined). Escrowed proceeds of the 2002 Note will be transferred to the Project Fund created under the Indenture (as hereafter defined) and will be available to be disbursed to pay remaining Project costs. 4. Documents Presented. Forms of the following documents related to the Notes have been submitted to the City: (a) The Loan Agreement pursuant to which the Company agrees to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Notes; and (b) The Servicing Agreement, authorizing the issuance of the Notes and pledging certain revenues, including those to be derived from the Loan Agreement, as security for the Notes, and setting forth proposed recitals, covenants and agreements relating thereto; and (c) The Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment of Leases and Rents, dated as of April 1, 2003, from the Company to the City (the "Mortgage "), by which the Company grants to the Servicer a mortgage lien on and security interest in certain mortgaged property including the Project, as described therein, as security for the payment of the Notes and assigns to the Servicer its interests in all leases and rents with respect to the mortgaged property (not • executed by the City); and (d) Two Guaranty Agreements each dated as of April 1, 2003, from Presbyterian Homes & Services and Presbyterian Homes Housing and Assisted Living, Inc. to the Servicer on behalf of the Lenders to secure repayment of the Notes and the Company's obligations under the Loan Agreement (not executed by the City); and (e) The Disbursing Agreement dated as of April 1, 2003, among the Company, the Servicer and First American Title Insurance Company, as disbursing agent, setting forth the conditions to disbursement of amounts held in the Project Fund, as defined in the Servicing Agreement, in payment of costs of the Project (not executed by the City); and (f) The Placement Agent Agreement, providing for the placement of Notes from the City by the Placement Agent and setting forth the terms and conditions of purchase; and 5. Findings. It is hereby found, determined and declared that: (a) Based on Company representations to the City, the Project constitutes an elderly residential rental project authorized by and described in the Act. (b) There is no litigation pending or, to the City's actual knowledge, • threatened against the City relating to the Notes, the Loan Agreement, the Placement Agent Agreement or the Servicing Agreement (collectively, the "City Note Documents ") 1505297v1 2 • or questioning the due organization of the City, or the powers or authority of the City to issue the Notes and undertake the transactions contemplated hereby. (c) The execution, delivery and performance of the City's obligations under the City Note Documents do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Notes be issued by the City upon the terms set forth in the Servicing Agreement under the provisions of which the City's interest in the Loan Agreement will be pledged to the Lenders as security for the payment of principal and purchase price of, premium, if any, and interest on the Notes. (e) Under the provisions of the Act, and as provided in the City Note Documents, the Notes are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Servicer which are pledged to the payment thereof, the City is not subject to any liability thereon; no owners of the Notes shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Notes or the interest thereon, nor to enforce payment thereof against any property of the City; the Notes shall not . constitute a general or moral obligation of the City or a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the loan repayments to be made by the Company under the Loan Agreement); and each Note issued shall recite that such Note, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 6. Approval and Execution of Documents. The form of Note and the City Note Documents are approved. The City Note Documents are authorized to be executed in the name and on behalf of the City by the Mayor and the City Administrator, at such time, if any, as they may deem appropriate, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof; and then shall be delivered to the Servicer on behalf of the Lenders. Modifications to the forms of Guaranty and Mortgage and other collateral security documents may be made at the discretion of the parties thereto. 7. Approval, Execution and Delivery of Notes. The City is authorized to issue the Notes, in an aggregate principal amount of not to exceed $24,985,000, in the form and upon the terms set forth in the Servicing Agreement, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the interest rates on the Notes shall be as set forth in the final form of the Servicing Agreement, to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which • approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such rates exceed twelve percent (12 %) per annum. The Placement Agent 1505297v1 3 . has agreed pursuant to the provisions of the Placement Agent Agreement and subject to the conditions therein set forth, to place the Notes for sale at par. The Mayor, City Administrator and other City officers are authorized to execute the Notes as prescribed in the Servicing Agreement at such time, if any, as they may deem appropriate, and to deliver them to the Servicer, together with a certified copy of this Resolution and the other documents required by the Servicing Agreement, for authentication, registration and delivery to the Placement Agent. 8. Certificates, etc. The Mayor, City Administrator and other officers of the City are authorized at such time, if any, as they may deem appropriate, to prepare and furnish to bond counsel and the purchaser of the Notes, when issued, certified copies of all proceedings and records of the City relating to the Notes, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 9. Designation of Oualified Tax - Exempt Oblieations. In order to qualify the Notes as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code, the District hereby makes the following factual statements and representations: (a) the Notes are issued after August 7, 1986; (b) the Notes are not "private activity bonds" as defined in Section 141 of the • Code; (c) the District hereby designates the Notes as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the District (and all entities treated as one issuer with the District, and all subordinate entities whose obligations are treated as issued by the District) during this calendar year 2003 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the District during this calendar year 2003 have been designated for purposes of Section 265(b)(3) of the Code (f) the 2003A and 2003B Notes are issued to refund, and not to "advance refund" the Prior Note within the meaning of Section 149(d)(5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the 2003A and 2003B Notes do not exceed the outstanding amount of or have a longer average maturity than the Prior Note and consequently the 2003A and 2003B Notes are deemed previously designated. Adopted by the City Council of the City of Oak Park Heights, Minnesota, this 8th day of April, 2003. I505297v1 4 Mayor Attest: Cjo�Ad istrator • 1505297v1 5 STATE OF MINNESOTA ) +► ) SS. COUNTY OF WASHINGTON ) 1, the undersigned, being the duly qualified and acting City Administrator of the City of Oak Park Heights, Minnesota (the "City "), do hereby certify that attached hereto is a compared, true and correct copy of a resolution giving final approval to an issuance of revenue notes by the City on behalf of VSSA McKean West, LLC, duly adopted by the City Council of the City on April 8, 2003, at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WITNESS My hand this 9 � A- day of April, 2003. City mini jator w 1505297v1 Extract of Minutes of Meeting of the City Council of the City of Oak Park Heights, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at City Hall in said City of Oak Park Heights, on Tuesday, the 8th day of April, 2003 at 7:00 o'clock P.M. The following Council members were present: Beaudet, Abrahamson, Doerr, McComber and Swenson and the following were absent: Council member McComber then introduced and read the following written resolution and moved its adoption: A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF TAX EXEMPT LOAN PARTICIPATIONS (BOUTWELLS LANDING - MCKEAN SQUARE PROJECT), SERIES 2003A, 2003B AND 2003C The motion for the adoption of the foregoing resolution was duly seconded by Council member Doerr, and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1505297vl RESOLUTION NO. 03-03-21 • 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 SC MALL LLC FOR AN AMENDED PLANNED UNIT DEVELOPMENT FOR PROPOSED IMPROVEMENTS AND PARKING SETBACK VARIANCE AT THE ST. CROIX MALL SHALL BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from SC Mall LLC for an amended planned unit development and parking setback variance for proposed improvements at the St. Croix Mall located at Highway 36 and Osgood 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: 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. SC Mall LLC has proposed the following improvements as part of the amended planned unit development and variance request: a. Roadway island, parking island, and sidewalk improvements. b. Closure of Oren Avenue North at its north terminus. C. Construction of parking stalls within five feet from the right -of -way of Omaha Avenue North requiring the parking setback variance. d. Revisions to surface parking. e. Electrical /utility relocation. f. Site and facade lighting improvements. g. Exterior facade improvements. h. Site security upgrades. • i. Landscape improvements. • 4. The site is zoned B -2, General Business and the site is subject to a planned unit development approved in 1979; and 5. The City staff prepared a memorandum dated March 6, 2003 reviewing the request; and 6. The memorandum dated March 6, 2003 recommended that the request be approved with conditions; and 7. The Planning Commission held a public hearing at their March 13, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application 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 RECOMMENDS THE FOLLOWING: A. The application has been submitted by SC Mall LLC for an amended planned unit development and parking setback variance for proposed improvements at the St. Croix Mall located at Highway 36 and Osgood Avenue North and affecting the real property as follows: • SEE ATTACHMENT A B. A motion to close the north end of Oren Avenue to vehicular traffic is hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The City and Andersen Corporation will resolve issues of snow clearing and maintenance of Oren Avenue North and the sidewalk connecting the road to the subject site subject to approval of the City Public Works Director. 2. A sign must be placed on the north side of the adjacent fence to inform people about the slope ahead, and a sign must be placed on the south side of the adjacent fence to inform people about the traffic ahead. C. A motion for a five foot parking setback variance is hereby approved by the City Council of the City of Oak Park Heights. The parking variance constitutes a hardship in that the parking configuration was established by existing site conditions and not created by the current property owner, and the variance is unique to the St. Croix Mall in that it results in increased green space, increased landscaping, greater separation between parking lot vehicles and the public right -of- way, and results in no negative impacts to the public or adjacent properties. D. A motion for a planned unit development amendment for the site and building improvements listed herein is hereby approved by the City Council of the City of Oak Park • Heights subject to the following conditions: 2 1. The site plan must be revised to include a trail constructed by SC Mall LLC along the south boundary of the site subject to approval of the Parks Commission and City staff. Is hereby reserved to future decision by the City Council pending final recommendation of the Parks and Planning Commission to locate and select a site for trail location through the applicant's site. The applicant has agreed to work cooperatively with the City to secure /donate a final site for a pedestrian trail easement for the City. 2. The lighting plan must be revised to light levels do not exceed 0.4 foot candles along the south property line. 3. Light standards must not exceed 25 feet from the ground surface to the top of the light fixture. 4. Light fixtures must have flat lenses. 5. The two medians that are proposed to be moved at the southeast corner of the site must be planted with disease - resistant flowering crab trees because the trees in the existing islands are diseased. 6. Placement of all fire hydrants and fire connections must be approved by the City Fire Marshal. • 7. Grading nd drain issues are subject to review g g � and approval of the City Engineer and review of the applicable watershed authority, if required. 8. Any changes to existing utilities or construction over existing utility service lines is subject to review and approval of the City Engineer. 2003. Approved by the City Council of thice ` day of March ATTEST: .� / 7c Jud "Holst /i y , Aet ng City Administrator • 3 THE CITY OF OAK PARK HEIGHTS, MINNESOTA County of WA- ,h Stag of ?6 , 1,nacnt s and- is dcsca#Fx3 asfoDom: Lot 6, Block St. Croix Mall P.U.D. according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota, more particularly described as follows: That part of the Northwest Quarter of the Northeast Quarter of Section 4, Township 29, North, Range 20 West, in the City of Oak Park Heights, Washington County, Minnesota,.described as follows: Commencing 'at the Northwest corner of said Northwest Quarter of the Northeast Quarter of $ ection 4; thence South'i'degree 54 minutes 06 seconds East, assumed bearing, along the West line of said Northwest Quarter of the Northeast Quarter a distance of 405.00 feat; thence North• 89.degrees•15 minutes 24 seconds East a distance of 260.00 feet to the POINT OF BEGINNING of the land to be described; thence South 1 degree 54 minutes 06 seconds East, parallel with the West line of said Northwest r Quarter of the Northeast Quarter, a distance of 135.00 feet; thence North 89 degrees 15 minutes 24 seconds East, a distance of 63.27 feet ;. thence South 3. degree 23 minutes 45 seconds.East; a distance of 428.48 feet; thence South 88 degrees 05 minutes 54 seconds West, 4 distance of 319.42 feet., to the West line of said Northwest Quarter of the Northeast Quarter; thence North 1 degree 64 minutes 06 seconds West, along said. West line a distance of 375.00 feet to a point in the West line of said Northwest Quarter of the Northeast Quarter distance 600.00 feet South of the Northwest corner of saga Northwest Quarter of the.Ndrtheast Quarter of section 4; .thence North 89 degrees 15 minutes 24 seconds East, a distance of 30.01 feet to an intersection *with a line 30 feet East bf measured at a right angle to and parallel With said West line of the Northwest Quarter of the Northeast Quarter; thence North 1 degree 54 minutes 06 seconds West, along said - parallel - line,•a distance of 195.00 feet to an intersection with a line bearing South 89 degrees 15 minutes 24 seconds West from the POINT OF BEGINNING; thence North 89 degree 15 minutes 24 seconds East, a distance of 229.99 feet to the POINT OF BEGINNING, said parcel contained 3.856 acres, more or less: Together with the - rights, easements and privileges created for and benefiting the above -- described property under that.certain real estate development agreement dated April 17, 1979 and recorded April 18, 1979,, as document No: 389052; and those certain easement agreements dated April 17, 1979 and recorded April 18, 1979 as document Nos. 389057 and 389054, EXHIBIT "A'' ATTACHMENT B Planned Unit Development (PUD) Amendment / Variance SC Mall, LLC 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: March 5, 2003 Required Approvals: PUD Amendment Variance Planning Commission 4/5 3/5 City Council 4/5 4/5 PUD Amendment - 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) 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) A RECOMMENDING RESOLUTION • OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY SC MALL LLC FOR AN AMENDED PLANNED UNIT DEVELOPMENT FOR PROPOSED IMPROVEMENTS AND PARKING SETBACK VARIANCE AT THE ST. CROIX MALL SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from SC Mall LLC for an amended planned unit development and parking setback variance for proposed improvements at the St. Croix Mall located at Highway 36 and Osgood Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: • SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. SC Mall LLC has proposed the following improvements as part of the amended planned unit development and variance request: a. Roadway island, parking island, and sidewalk improvements. b. Closure of Oren Avenue North at its north terminus. C. Construction of parking stalls within five feet from the right -of -way of Omaha Avenue North requiring the parking setback variance. d. Revisions to surface parking. e. Electrical /utility relocation. f. Site and facade lighting improvements. g. Exterior facade improvements. h. Site security upgrades. • i. Landscape improvements. • 4. The site is zoned B -2, General Business and the site is subject to a planned unit development approved in 1979; and 5. The City staff prepared a memorandum dated March 6, 2003 reviewing the request; and 6. The memorandum dated March 6, 2003 recommended that the request be approved with conditions; and 7. The Planning Commission held a public hearing at their March 13, 2003 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application has been submitted by SC Mall LLC for an amended planned unit development and parking setback variance for proposed improvements at the St. Croix Mall located at Highway 36 and Osgood Avenue North and affecting the real property as follows: • SEE ATTACHMENT A B. A motion to close the north end of Oren Avenue to vehicular traffic is hereby recommended to the City Council of the City of Oak Park Heights subject to the following conditions: 1. The City and Andersen Corporation will resolve issues of snow clearing and maintenance of Oren Avenue North and the sidewalk connecting the road to the subject site subject to approval of the City Public Works Director. 2. A sign must be placed on the north side of the adjacent fence to inform people about the slope ahead, and a sign must be placed on the south side of the adjacent fence to inform people about the traffic ahead. C. A motion for a five foot parking setback variance is hereby recommended to the City Council of the City of Oak Park Heights. The parking variance constitutes a hardship in that the parking configuration was established by existing site conditions and not created by the current property owner, and the variance is unique to the St. Croix Mall in that it results in increased green space, increased landscaping, greater separation between parking lot vehicles and the public right -of -way, and results in no negative impacts to the public or adjacent properties. 2 D. A motion for a planned unit development amendment for the site and building • improvements listed herein is hereby recommended to the City Council of the City of Oak Park Heights subject to the following conditions: 1. The site plan must be revised to include a trail constructed by SC Mall LLC along the south boundary of the site subject to approval of the Parks Commission and City staff. 2. The lighting plan must be revised to light levels do not exceed 0.4 foot candles along the south property line. 3. Light standards must not exceed 25 feet from the ground surface to the top of the light fixture. 4. Light fixtures must have flat lenses. 5. The two medians that are proposed to be moved at the southeast corner of the site must be planted with disease- resistant flowering crab trees because the trees in the existing islands are diseased. 6. Placement of all fire hydrants and fire connections must be approved by the City Fire Marshal. • 7. Grading and drainage issues are subject to review and approval of the City Engineer and review of the applicable watershed authority, if required. 8. Any changes to existing utilities or construction over existing utility service lines is subject to review and approval of the City Engineer. Recommended by the Planning Commission of the City of Oak Park Heights this 13 day of March 2003. JohnIDwyer, Chair ATTEST: Jud olst, &ting City Administrator 3 03Y2oi2002 DYED 09:59 FAX ANDERSEN CORPORATION QUU 1i 1i THE CITY OF OA:,. PARK HEIGHTS, MINNESOTA County of Wa- hingtnn Stag of M •i „n a snt a and- is dc=*cd as follows: Lot 6, Block 1, St. Croix Mall P.U.D. according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota, more particularly described as follows: That part of the Northwest Quarter of the Northeast Quarter of Section 4, Township 29, North, Range 20 West, in the City of Oak Park Heights, Washington County, Minnesota,,described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter of $ ection 4; thence South 1 degree 54 minutes 06 seconds East, assumed bearing, along the West line of said Northwest Quarter of the Northeast Quarter a distance of 405.00 feet; thence North 89. degrees. 15 minutes 24 seconds East a distance of 260.00 feet to the POINT OF BEGINNING of the land to be described; thence South 1 degree 54 minutes 06 seconds East, parallel with the West line of said Northwest Quarter of the Northeast Quarter, a distance of 135.00 feet; thence North 89 degrees 15 minutes 24 seconds East, a distance of 63.27 feet;. thence South 1 degree 23 minutes 45 seconds.East, a distance of 428.48 • feet; thence South 88 degrees 05 minutes 54 seconds West, 4 distance of 319.42 feet, to the West line of said Northwest Quarter of the Northeast Quarter; thence North 1 degree 54 minutes 06 seconds West, along said. , West line a' distance of 375.00 feet to a point in the West line of said Northwest Quarter of the Northeast Quarter distance 600.00 feet South of the Northwest corner of sala Northwest Quarter of the.Northeast Quarter of Section 4; thence North 89 degrees 15 minutes 24 seconds East, a distance of 30.01 feet to an intersection with'a lfne 30 feet East of measured at a right angle to and parallel with said West line of the Northwest Quarter of the Northeast Quarter; thence North 1 degree 54 minutes 06 seconds West, along said parallel.line, a distance of 195.00 feet to an intersection with a line bearing South 89 degrees 15 minutes 24 seconds West from the POINT OF BEGINNING; thence North 89.degree 15 minutes 24 seconds East, a distance of 229.99 feet to the POINT OF BEGINNING, said parcel contained 3.856 acres, more or less.' Together with the rights, easements and privileges created for and benefiting the above - described property under that certain real estate development agreement dated April 17, 197'9 and recorded April 18, 1979, as document No. 389052; and.those certain easement agreements dated April 17, 1979 and recorded April 18, 1979 as document Nos. 389057 and 389054. •7 EXHIBIT "A" • 1 03/20/2002 WED 09:59 FAX ANDERSEN CORPOR- A.TION Q{0 o.3 0(1 SCHEDULE 1 .- Legal Desczivdan Tract A.- Parcel I Lot 12, Block 1, St, Croix Mall P.U.D., according to the recorded plat thereof, and situate in Washington County, -Minnesota. .Abstract Property. Parcel 11: Lots 1, 2, 3,'4, 5, 6, 7, 8, 9 and 10, Black 2, St, Croix Mall P.U.D. 2nd Add., according to the recorded plat thereof, anc situate in Washington County, Minnesota. Abs tract. Property. Tract B: Parcel 'I: • Lot Eleven (11) , Block One' (1), St. Croix Mall P.U.D., according to the recorded plat thereof, and situate in Washington County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 54657. Parcel I1:: - Lot Three (3), BloCk.Oae (1), St. Croix Mall P.U.D. 2nd Add., according to the .recorder'! plat thereof, and situate in Washington County, Minnesota. Being registered land as is evidenced By Certificate Of Title No. 54656: Parcel III: All that part of Lot Four (4) , Block One (1) , Brek%eIa Garden' Hills, lying Easterly of the following described-line': Commencing at the NE corner of Lot 4, Block 1, Brekke's Garden Mills, Wash. Co., Minn., thence West along the North line o,: said Lot 4 on a recorded bearing of N 89 degrees 52 minutes W for 40.94 feet to the point of beginning of the line to be described; thence S 18 degrees 16 minutes 23 secorids W for 34.42 feet; thence S 28 degrees 29 minutes 33 seconds W for 125 feet, more or less, to its intersection with the Southerly line of said Lot a, which, is the Southerly terminus of the line to be described, according to the recorded plat thereof, and situate in Washington County,, Minnesota. Being registered land as is evidenced by Certificate of Title r No 54657, r ATTACHMENT B Planned Unit Development (PUD) Amendment / Variance SC Mall, LLC 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: March 5, 2003 Required Approvals: PUD Amendment Variance i Planning Commission 4/5 3/5 City Council 4/5 4/5 PUD Amendment - .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) 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) • RESOLUTION NO. 03-04-22 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 April 22, 2003 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, $2,730.00 per acre. 2. Municipal water connection charge, $4,750.00 per acre. 3. Storm sewer connection charge, $6,020.00 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 $11,020.00 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 nd day of Apri 2003. Wavlaudet, Mayor AT ST: Eric Johnso City Admini ator • CITY OF OAK PARK HEIGHTS RESOLUTION 03 -05- ZO A RESOLUTION APPROVING THE APPLICATION OF EAGLES AERIE 94 STILLWATER FOR GAMBLING CONTROL BOARD PREMISES PERMIT FOR OPERATION OF GAMBLING ACTIVITIES WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, Eagles Aerie 94 Stillwater has applied with the State of Minnesota Gambling Control Board for a premises permit renewal application to continue to operate a gambling activity at the site of Eagles Aerie 94, 1 35 2 3 60th Street North, within the City of Oak Park Heights; and, WHEREAS, the application would be effective through August 31, 2005; and, WHEREAS, the City of Oak Park Heights has reviewed the application of the Eagles Aerie 94 Stillwater and finds that its purposes meet the necessary community standards, proceeds being dedicated to the support of charitable activities within the St. Croix Valley; 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 Eagles Aerie 94 Stillwater 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 Eagles Aerie 94 Stillwater with the State of Minnesota Gambling Control Board to operate gambling activities on the site of Eagles Aerie 94, 1 35 2 3 60th Street North within the City of Oak Park Heights through August 31, 2005 and the same are hereby approved. Passed by the City Council of Oak Park Heights t M , 2003. r Mayor Att st• / David Beaudet m istrator Eric A. John n • RESOLUTION NO. 2003 - 05 CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA A RESOLUTION DESIGNATING OREN AVENUE NORTH BETWEEN TRUNK HIGHWAY 36 AND 62 STREET NORTH AS A NO PARKING AREA WHEREAS, Oren Avenue North is currently located, in part, north of trunk Highway 36 and south of 62" Street North; and, WHEREAS, the property adjacent to Oren Avenue North is occupied on its west side with a restaurant, offices and retail business, and on its east side with an automobile dealership; and, WHEREAS, therein there is insufficient parking available on Oren Avenue North to accommodate the current overflow parking, which is occurring in the neighborhood; and, WHEREAS, the parking along Oren Avenue North has been recommended to be discontinued by the office of the Chief of Police for the City of Oak Park Heights for public health, safety and welfare reasons; and, WHEREAS, adjoining businesses to the Oren Avenue property have also requested that the area be designated, "No Parking Any Time;" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS that all that portion of Oren Avenue North, located north of trunk Highway 36 and south of 62' Street North be, and the same are hereby designated, "No Parking Any Time." BE IT FURTHER RESOLVED that the Director of Public Works is authorized and directed to place appropriate signage along Oren Avenue North, designating and informing the public that the area is a no parking area on both sides of the street. BE IT FURTHER RESOLVED that the Chief of Police for the City of Oak Park Heights is hereby authorized and directed to tag and/or tow any vehicles parking along said Oren Avenue North, in violation of this no parking designation. / This resolution shall be effective immedi and pon postin the area by the Department of Public Works. itt Beaudet, Mayor • Attest• � �s cj. fohnso City Administrator RESOLUTION NO. 03 —05 - CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING THE JOINT AND COOPERATIVE AGREEMENT RELATING TO THE USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT AND THE INVESTIGATION OF MAJOR CASES AND AUTHORIZING THE MAYOR AND THE CLERK TO SIGN ON BEHALF OF THE CITY OF OAK PARK HEIGHTS WHEREAS, the City of Oak Park Heights has participated in mutual aid responses with other police and law enforcement jurisdictions throughout the years; and WHEREAS, the Chief of Police of the City of Oak Park Heights has recommended to the City that the City formally enter into the Joint and Cooperative Agreement Relating to the Use of Law Enforcement Personnel and Equipment in the Investigation of Major Cases, as prepared by the Office of the Washington County Attorney on behalf of the Washington County Sheriffs Office and for related law enforcement jurisdictions; and • WHEREAS, the same has been reviewed and approved for execution by the Office of the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS that the Joint and Cooperative Agreement Relating to the Use of Law Enforcement Personnel and Equipment in the Investigation of Major Cases is hereby approved by the City of Oak Park Heights and the Mayor and the Clerk are herewith authorized and directed to sign on behalf of the City, executing said Agreement. Passed by the City Council for the City of Oak 2003. this 13 of May, David Beaudet, Mayor ATT T ric A. Johns n City Admin' trator RESOLUTION NO. 03 -05 -26 • 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 CONCEPT PLAN APPROVAL FOR THE AREA NORTH OF 58 STREET AND WEST OF OAKGREEN AVENUE, KNOWN AS OAKGREEN VILLAGE SHALL BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance for planned unit development concept plan 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: • 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 site is zoned CBD, Central Business District and a planned unit development concept plan approval is required for the project; and 4. The City staff prepared memorandums dated January 9, February 6, March 7, and April 3, 2003 reviewing the request; and 5. The memorandum from City staff dated April 3, 2003 recommended that the request be approved with conditions; and • 6. The date of application for this request was December 20, 2002 and a • letter authorizing extension of the review period was received from Allen Black representing Senior Housing Partners and Valley Senior Services Alliance, Inc. on March 12, 2003; and 7. A decision on this application will need to be made the City Council on or before May 18, 2003; and 8. The Planning Commission held a public hearing at their January 16, February 13, March 13, and April 10, 2003 meetings, took comments from the applicants and public, closed the public hearing, and recommended that the application 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 Valley Senior Services Alliance for planned unit development concept plan 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 by the City Council of the City of Oak Park Heights subject t to the following conditions: 1. A preliminary plat shall be submitted as part of the general plan of development process. Forty feet of right -of -way from the centerline of Oakgreen Avenue North shall be dedicated as part of the plat and additional right -of -way at the northwest corner of Oakgreen Avenue /58 Street North, as determined by the City Engineer, for future turn lane considerations. 2. The extension of Novak Avenue North must be redesigned to be completely on the subject property, or the applicant must reach an agreement with the adjacent property owner for the street to be partly on the adjacent properly consistent with the submitted plans. 3. The phasing plan must be revised to include all areas of the development including ponds and streets. 4. The portion of the phasing plan that allows the townhomes to be constructed in two phases was found to be acceptable by the Planning Commission. 5. The Planning Commission, Parks Commission, and City Council should make preliminary comments regarding open space, public park land needs and sidewalks /trail locations as it relates to this project. • 2 6. The trail and landscaping south of 59 Street shall extend to Oakgreen Avenue North and • shall comment to the existing trail east of Oakgreen. 7. Information related to land market value shall be provided to calculate park dedication requirements for the subject property at the time of general plan of development submittals. 8. All concept utility plans shall be subject to review and approval of the City Engineer. 9. All concept drainage plans shall be subject to review and approval of the City Engineer. 10. Written approval from Xcel Energy related to construction of ponds and a roadway within the power line easement shall be required with submittals of the general plan of development application. 11. The Planning Commission and City Council should comment on the townhome configuration and the proposed density of units. 12. Any other conditions of City staff, the Planning Commission, the Parks Commission, and the City Council. Approved by the City Council of the City of Oak Park Heights this 13` day o 03. aVU 4eYe ,1Vlayo f son, Ci A trator 3 ATTACHMENT A Fo1z, Freeman, E_ rickson, Inc. " LAND PLANNING • SURVEYING • ENGINEERING W�E 5 Oakgreen Village Preliminary Plat — Legal Description (Legal Description of Property Surveyed Taken by Boundary Survey of Kurth Surveying, Inc. January 31, 2002.) All of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County Minnesota, except the following: All that part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence North along the East line thereof 560 feet to the point of beginning of this description: thence Westerly at right angles to the last described line 200 feet to a point: thence North and parallel with the East line of the Southeast Quarter of the Northeast Quarter. 100 feet to a point on the North line of said Southeast Quarter of the Northeast Quarter: thence East along said North line 200 feet to the East line of said Southeast Quarter of the Northeast Quarter: thence South along said East line 100 feet to the point of beginning of this description. And except: That part of the North Half of the Southeast Quarter of the Northeast Quarter described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence north along East line thereof. 182 feet to the point of beginning of this description: thence continue Northerly along said East line 218 feet to a point: thence West and perpendicular to last described line 200 feet to a point: thence South and parallel with the East line of said Southeast Quarter of the Northeast Quarter 218 feet to a point: thence East and perpendicular to last described line 200 feet to the point of beginning. Together with: Tracts A and B. Registered Land Survey No. 114 Also together with: That part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the East line of the said Northeast Quarter of the Northeast Quarter. 472 feet North of the Southeast corner thereof. thence West on a line parallel with the South line thereof. 275 feet to a point: thence North on a line parallel with the East line thereof. 110 feet to a point. thence East on a line parallel with the South line thereof. 275 feet to a point on the East line thereof thence South on the East line thereof 110 feet to the point of beginning. 1 of 2 ATTACHMENT B � Planned Unit Development (PUD): General Concept Plan OAKGREEN VILLAGE 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: March 5, 2003 Required Approvals: PUD: General Conceat Planning Commission 4/5 City Council 4/5 PUD: General Conceat — 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 Conceat - 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) r. RESOLUTION NO. 03-05-27 • 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 WATE ENTERPRISES INC. FOR CONCEPT AND GENERAL PLAN OF DEVELOPMENT AMENDMENT AND SITE PLAN REVIEW AT 5610 MEMORIAL AVENUE NORTH SHALL BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from WATE Enterprises, Inc. for concept and general plan of development amendment and site plan review for the construction of an office /warehouse and cold storage building at 5610 Memorial Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of 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. The site is zoned B -3, Highway Business and Warehousing District and is part of a planned unit development project approved in 2002 for office and warehousing use; and 4. The City staff prepared a memorandum dated April 4, 2003 reviewing the request; and 5. The memorandum dated April 4, 2003 recommended that additional information be provided before the Planning Commission take action on the request; and • 6. The applicant provided information satisfactory to City staff, prior to the • April 10, 2003 Planning Commission meeting, for the City staff to make a recommendation of approval with conditions; and 7. The Planning Commission held a public hearing at their April 10, 2003 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE COUNCIL APPROVES THE FOLLOWING: A. The application submitted by WATE Enterprises, Inc. for concept and general plan of development amendment and site plan review for the construction of an office /warehouse and cold storage building at 5610 Memorial Avenue North; and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The applicant should identify the square footage of office space and warehouse space to • determine the appropriate parking spaces needed prior to City Council review. 2. The access and circulation plan is subject to the review and approval of the City Engineer and Fire Chief. 3. The applicant should identify the location of snow storage within the site plan subject to review and approval of the City Engineer. 4. The applicant shall modify the site plan to meet the 20 percent green space requirement. 5. All curb barriers shall be setback at least 10 feet from all lot lines. 6. The landscaping plan will be subject to the review and approval of the City Arborist. 7. The applicant shall pay a tree replacement fee set by the City Arborist. 8. The drainage and grading plan is subject to the review and approval of the City Engineer. 9. The wetland delineation information shall be subject to the review of the City Engineer. If additional setbacks or buffer areas are required, the applicant shall submit to the City revised plans subject to review and approval of the City Engineer. • 2 10. The applicant shall submit to the City a signed permit from the Brown's Creek Watershed • District. 11. The utility plan is subject to the review and approval of the City Engineer. 12. The location of fire hydrant and sprinkler systems within both buildings shall be subject to the review and approval of the Fire Chief and/or Building Official. 13. The applicant shall provide a lighting plan with all location of lights and types of fixtures. The lighting plan and a revised photometric plan shall be subject to review and approval of City staff. 14. All signage plans shall be subject to review and approval of City staff. 15. A development agreement is subject to the review and approval of the City Attorney. 16. All other conditions of City staff, the Planning Commission, the Parks Commission, and the City Council. Approved by the City Council of the City of Qak Park _ s this 13'' day of May 2003. Z D ' avaude , ayor ATTES . Eric A. Johnson �,.C�' y ministrator • 3 • ATTACHMENT A Washington County GEO Code: 06- 029 -20 -24 -0010 Legal Description: Lot 4, Block 2 Kern Center 2nd Addition • • ATTACHMENT B s .�M Planned Unit Development (PUD): Concept & General Plan WATE ENTERPRISES INC — 5610 Memorial 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 (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: April 2, 2003 • Required Approvals: PUD: Conceat PUD: General City Council 4/5 4/5 PUD: General Concept - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) • r RESOLUTION NO. 03-05-28 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY WATE ENTERPRISES INC. FOR CONCEPT AND GENERAL PLAN OF DEVELOPMENT AMENDMENT AND SITE PLAN REVIEW AT 5670 MEMORIAL AVENUE NORTH SHALL BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from WATE Enterprises, Inc. for concept and general plan of development amendment and site plan review for a cold storage building at 5670 Memorial Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of 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. The site is zoned B -3, Highway Business and Warehousing District and is part of an approved planned unit development project of office and warehousing use; and 4. The City staff prepared a memorandum dated April 4, 2003 reviewing the request; and 5. The memorandum dated April 4, 2003 recommended that additional information be provided before the Planning Commission take action on the request; and 6. The applicant provided information satisfactory to City staff, prior to the April 10, 2003 Planning Commission meeting, for the City staff to make a recommendation of approval with conditions; and 7. The Planning Commission held a public hearing at their April 10, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application 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 WATE Enterprises, Inc. for concept and general plan of development amendment and site plan review for a cold storage building at 5670 Memorial Avenue North; and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The applicant shall submit a revised plan indicating the percentage of buildable area and green space pursuant to Section 401.300.G of the Zoning Code prior to review by the • City Council. 2. The applicant shall identify the location of snow storage within the site plan subject to review and approval of the City Engineer. 3. The applicant shall pay a tree replacement fee set by the City Arborist. 4. The landscaping plan shall be subject to the review and approval of the City Arborist. 5. The drainage and grading plan shall be subject to the review and approval of the City Engineer. 6. The wetland delineation information will be subject to the review of the City Engineer. If additional setbacks and/or buffer areas are required, the applicant shall submit revised plans subject to review and approval of the City Engineer. 7. The applicant shall submit to the City a signed permit from the Brown's Creek Watershed District. 8. The utility plan shall be subject to the review and approval of the City Engineer. 9. The location and/or addition of fire hydrants shall be subject to the review and approval • of the Fire Chief and/or building official. 2 10. All signage plans shall be subject to review and approval of City staff. 11. A Development Agreement shall be subject to the review and approval of the City Attorney. 12. A photometric lighting plan shall be submitted subject to review and approval of City staff. 13. Any other conditions of City staff, the Planning Commission, the Parks Commission, and the City Council. Approved by the City Council of the City of Park Hei is this 13` da May 2003. r I. u ayor AT T: Eric A7 Jo Mson, City Administrator 3 ATTACHMENT A Washington County GEO Code: 06- 029 -20 -24 -0015 Legal Description: Lot 1, Block 1 WATE Addition ► ATTACHMENT B Planned Unit Development (PUD): Concept & General Amendment WATE ENTERPRISES INC — 5670 Memorial 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 (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: April 2, 2003 Required Approvals: PUD Amendment Planning Commission 4/5 City Council 4/5 PUD: Concept/General Amendment — 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 03 -05 -29 CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA RESOLUTION TO PARTICIPATE IN A HAZARD MITIGATIN PLANNING PROCESS WHEREAS, the County of Washington is participating in a hazard mitigation planning process as established under the Hazard Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a county hazard mitigation plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the plan must inclue a risk assessment including past hazards, hazards that threaten the county, maps of hazards, an estimate of structures at risk, estimate of potential dollar losses for each hazard, a general description of land uses and development trends; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the plan must include a maintenance or implementation process including plan updates, integration of plan into other planning documents and how the county will • maintain public participation and coordination; and WHEREAS, the draft plan will be shared with Minnesota Planning for coordination of state agency review and comment on the draft; and WHEREAS, approval of the all hazard mitigation plan will make the county eligible to receive Hazard Mitigation Grant Program (HMGP) project grants; and WHEREAS, this Resolution does not preclude the city from preparing its own plan sometime in the future should it desire to do so. NOW, THEREFORE, BE IT RESOLVED that thjiudet Ci f Ok Park Heights supports the county hazard mitigation planning efford, wishes to join y in preparing the an and recognizes that the plan will apply within the City. Passed by the City Council of Oak Park Heights this ay, 2003 AT ES Mayor Nn'c Johnson City Admini t ator • RESOLUTION NO. 03 -05 -30 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION REVIEWING CONCEPTS AND OPTIONS AS PROVIDED WITHIN A TRANSPORTATION STUDY PROVIDED BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Oak Park Heights has been asked to review a Transportation Study submitted by the Minnesota Department of Transportation, outlining several Options with regard to potential improvements to Trunk Highway 36; and, WHEREAS, the same has not been submitted to the City for a final layout approval process, pursuant to Minn. Stat. § 161.164; and, WHEREAS, the Minnesota Department of Transportation has asked for the City's review and commentary with regard to the several options it has laid out in the Transportation Study, affecting potential improvements to Highway 36; and, WHEREAS, the City has not concluded its final review of the Transportation . • Study, and maintains reservations about timetables, funding sources, impact upon the community and potential future mapping, once final selection of options and improvements is decided; and, WHEREAS, the City Council nonetheless wishes to pass its indications along to the Minnesota Department of Transportation of its feelings with regard to the concepts provided within the Transportation Study. NOW, THEREFORE, BE IT RESOLVED, that the City of Oak Park Heights has herewith informed the Minnesota Department of Transportation that it has, in concept, approved Concept F, as contained within the transportation plan, but specifically reserves the right to approve or object to, any final mapping. BE IT FURTHER RESOLVED that the City Council for the City of Oak Park Heights does not grant final layout approval as to this option, pursuant to Minn. Stat. § 161.164, as it is only the concept or general detail list of Concept F that is being provided for at this time. Passed by the City Council for C' Heigh 's 13th day of May 2003. ATTE David Beaudet, Mayor Eric 1on. City Administrator RESOLUTION NO. -01-31 • OF THE 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 NORTH AMERICAN PROPERTIES FOR A PLANNED UNIT DEVELOPMENT CONCEPT PLAN APPROVAL TO ALLOW THE CONSTRUCTION OF A KOHL'S DEPARTMENT STORE AND RETAIL COMMERCIAL SPACE ON PROPERTY SOUTH OF 60' STREET AND WEST OF NORELL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from North American Properties for a planned unit development concept plan approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 6& Street and west of 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: 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 O, Open Space Conservation and will be rezoned to B -2, General Business District as part of the General Plan of Development; and 4. The applicants have provided information requested by the City related to traffic management, stormwater, and connections to existing development; and 5. The City prepared a memorandum dated May 1, 2003 reviewing the request; and • • 6. The Planning Commission held a public hearing at their May 8, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application 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 North American Properties for a planned unit development concept plan approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 60 Street and west of Norell Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The City finds that the proposed concept plan, building and parking arrangement to be acceptable. • 2. Rezoning of the property to B -2 with a planned unit development overlay would occur concurrently with the general plan of development approval. 3. Concept plan approval includes the proposed 19,200 square foot Kohl's expansion. 4. The access to Norell Avenue may be moved north pending approval by Wal Mart of an access easement and the approval of the City Engineer. 5. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan and required improvements shall be subject to review and approval of the City Engineer. 6. The grading and drainage plan shall be subject to review and approval of the Browns Creek Watershed District and the City Engineer. All required stormwater improvements and/or payments shall be outlined in the general plan approval and the development contract. 7. The Zoning Ordinance parking requirement of six parking spaces per 1,000 square feet may be varied for this development as part of the General Plan of Development approvals. Applicants shall work with City staff to determine appropriate ratio for the development. Parking stalls that are in excess of the requirements for this development may be shown on the site plan as proof of parking and landscaped appropriately. • 2 • 8. The concept utility plan is subject to review and approval of the City Engineer. 9. The Parks Commission shall comment on the need for additional trails and sidewalks on/or adjacent to the subject site. Sidewalk connections along Norell Avenue and Krueger Lane to 58 Street with crosswalks should be considered. 10. The general plan shall address adequate berms, fences, and landscaping along 58 Street and Krueger Lane to screen the loading dock areas. 11. The architectural appearance of the structure shall be subject to Design Guidelines review as part of the general plan of development consideration. 12. Detailed plans related to lighting, signage and landscaping shall be subject to review as part of the general plan of development consideration. 13. The grading and placement of a retaining wall adjacent to the transmission line towers shall be subject to written approval of Xcel Energy. 14. The applicant shall be required to enter into a development contract with the City subject to review and approval of the City Attorney and City Council All cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney. • 2003. Approved by the City Council of the City of Oak Park Heights this 27th day of May I� i i David Beaudet, Mayor ATT T. 'Eric A. John , City Administrator • 3 ATTACHMENT A Washington County GEO Code: 05- 029 -20 -21 -0029 Legal Description: Outlot B, Brackey Addition • ATTACHMENT B Planned Unit Development (PUD): General Concept Plan KOHL'S DEPARTMENT STORE 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: April 30, 2003 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. 2003 - 06--32 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING THE CITY'S CONTRIBUTION OF $17,462.00 TO INDEPENDENT SCHOOL DISTRICT 834 AS AND FOR PARTICIPATION IN THE JOINT CONSTRUCTION OF PLAYGROUND EQUIPMENT BY AND BETWEEN LOCAL GOVERNMENTS, PURSUANT TO MINN. STAT. §471.85, §471.15(b), AND §471.16 WHEREAS, the City of Oak Park Heights has previously adopted within its comprehensive plan a parks plan which anticipates the location of park, playground and trail facilities within the northeast quadrant of the City, in the vicinity of the current location of the Oak Park Elementary School; and, WHEREAS, the current location of the Oak Park Elementary School is on the border between the City of Stillwater and the City of Oak Park Heights, with that property being located within the City of Stillwater; and, WHEREAS, Independent School District 834 has, in conjunction with the City of • Stillwater and the Township of Baytown, proposed a joint construction of playground equipment to serve the children of the respective communities of Baytown Township, Oak Park Heights and Stillwater, as all attend the Oak Park Elementary School; and, WHEREAS, the City of Stillwater currently has 229 children from its community who attend the Oak Park Elementary School, the City of Oak Park Heights currently has 189 children who attend the Oak Park Elementary School, and Baytown Township currently has 55 children who attend the Oak Park Elementary School; and, WHEREAS, the City of Oak Park Heights has been requested to proportionally contribute to this project, the sum of $17,462.00 as its proportionate share of the playground equipment; and, WHEREAS, the City finds that the location of the playground equipment in and about the area of the Oak Park Elementary School will serve the residents of the City of Oak Park Heights who are adjacent to, and in the neighborhoods surrounding the Oak Park Elementary School; and, WHEREAS, the City finds that its residents, in the enrollment of its children within the Oak Park Elementary School, will be served by said playground equipment as well; and, WHEREAS, the City finds that its investment of funds into playground equipment acquisition in this area is compliant with, and furthers the purpose of its park component within its comprehensive plans, previously adopted by the City; and, WHEREAS, Independent School District 834 has agreed to permanently maintain and make the necessary investments into upkeep of the playground equipment throughout its useful life; and, WHEREAS, contributions to the project have already been pledged by the City of Stillwater and Baytown Township; and, WHEREAS, the project has a strong base of community support from students, PTA, parents and private donations, as well; and, WHEREAS, Independent School District 834 will be implementing and supervising all contracting, installation, purchases and compliance requirements relative to the funding, purchasing, installation of playground equipment and related issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS that the City hereby agrees to participate with the City of Stillwater, Baytown Township and Independent School District 834, in providing a payment to District 834 in the amount of $17,462.00, for the purchase and installation of playground equipment at the Oak Park Elementary School, which purchase shall serve the City's goals established for parks within the northeast quadrant of the City, affecting the location of parks, trails, and playground equipment. 2003. Passed by the City Council for the City of Oak Park Heights this 10th day of June David Beaudet, Mayor ATTEST: Eric Johnson City Administrator 2 „ r • 0633 RESOLUTION NO. 2003 - CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING THE PUBLIC DRAINAGE AND UTILITY EASEMENT DATED OCTOBER 7, 1996, AND FILE OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF WASHINGTON COUNTY, MINNESOTA AS DOCUMENT NUMBER 1058354 WHEREAS, the City of Oak Park Heights received a grant of a public drainage and utility easement on October 7, 1996, affecting real property located within the City of Oak Park Heights and the County of Washington, being described as: An easement for utility purposes over, under and across that part of the North Half of the Northeast Quarter (N '/2 of NE 1 /4) of Section Five (5), Township Twenty -nine (29) North, Range Twenty (20) West, described as follows: Commencing at the Northeast corner of Section 5, thence westerly along the northerly line thereof 157.00 feet; thence South and perpendicular to said northerly line 392.84 feet to the point of beginning of the easement being described; thence • continuing South along said perpendicular line 19.48 feet; thence easterly, deflecting to the left 90 degrees 40 minutes 14 seconds 172.44 feet, more or less, to the easterly line of said North Half of the Northeast Quarter; thence northerly along said easterly line 27.00 feet; thence westerly 171.68 feet, more or less, to the point of beginning. Subject to the right -of -way of Oakgreen Avenue North. Subject to and together with any other valid easements, reservations and restrictions. and, WHEREAS, the City has, on November 26, 2002, granted approval to a planned unit development and conditional use permit, allowing the platting of land now known as Oakgreen Townhomes within the City of Oak Park Heights; and, WHEREAS, the aforementioned easement is included within the plat of Oakgreen Townhomes, as provided by the developers and approved by the City Council; and, WHEREAS, pursuant to its terms, the easement granted to the City of Oak Park Heights on October 7, 1996 and recorded of record as document number 1058354 was to, "expire upon the platting of the subject property;” and, WHEREAS, there is no longer any need for the easement of October 7, 1996 to exist and the same should be vacated to avoid duplication, as the same is already provided for in the • plat of Oakgreen Townhomes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the public drainage and utility easement provided on October 7, 1996 and recorded of record in the office of the Washington County Recorder as document number 1058354 be and the same, is hereby vacated. BE IT FURTHER RESOLVED that the plat of Oakgreen Townhomes does already contain and provide to the City of Oak Park Heights a drainage and utility easement in the area otherwise provided by the aforementioned 1996 Easement and Agreement, and effectively replaces the 1996 Agreement as pursuant to the requirements of the City Council of the City of Oak Park Heights, affecting the platting of said property. BE IT FURTHER RESOLVED that the City Administrator for the City of Oak Park Heights shall cause a certified copy of this Resolution to be recorded of record in the office of the Washington County Recorder. Passed by the City Council for the City of Oak Park s 24th day e— • 2003. David Beaudet Mayor A ST: E ' ohnson Ci Administrator • 2 • CITY OF OAK PARK HEIGHTS RESOLUTION 03 - 06 - 34 A RESOLUTION APPROVING THE APPLICATION OF ST CROIX VALLEY CHAPTER /MINNESOTA DEER HUNTERS ASSOCIATION FOR A LAWFUL GAMBLING PERMIT FOR A ONE DAY RAFFLE WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the St. Croix Valley Chapter of the Minnesota Deer Hunters Association has applied with the State of Minnesota Gambling Control Board for an exempt gambling permit to conduct a one day raffle on September 6, 2003 at the site of the VFW, 588o Omaha Avenue North, within the City of Oak Park Heights; and, WHEREAS, the application would be effective for one day, September 6, 2003; and, WHEREAS, the City of Oak Park Heights has reviewed the application of the St. Croix Valley Chapter of the Minnesota Deer Hunters Association and finds that its purposes meet the necessary community standards, proceeds being dedicated to the support of charitable activities within the St. Croix Valley; 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 as applied for by the St. Croix Valley Chapter of the Minnesota Deer Hunters Association 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 St. Croix Valley Chapter of the Minnesota Deer Hunters Association with the State of Minnesota Gambling Control Board to operate gambling activities on the site of the VFW, 588o Omaha Avenue North within the City of Oak Park Heights on September 6, 2003 and the same are hereby approved. Passed by the City Council of Oak Park Heights this 24th day of June, 2003. 1 1 1 � or Att David Beaudet i Adm strat r • Eric A. Jo' on • RESOLUTION NO. 03-07-35 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION STATING THE CITY COUNCIL'S SUPPORT FOR AN AMENDMENT TO THE 2003 MINNESOTA PERSONAL PROTECTION ACT, GIVING CITIES AUTHORITY TO PROHIBIT GUNS ON CITY PROPERTY WHEREAS, the Minnesota Legislature passed and the Governor signed into law the "Minnesota Personal Protection Act," in which Minnesota residents, subject to application and qualification, shall be issued permits to carry guns; and WHEREAS, the Act provides that owners of private properties may post signs and regulate the ability of permit holders to carry concealed guns; and WHEREAS, the Act makes it a crime for permit holders to carry firearms on school property; and • WHEREAS, the law has been interpreted to prohibit cities from restricting permit holders from carrying concealed guns on municipal property; and WHEREAS, the Council is required to provide a work environment for employees free from violence and recognized safety hazards; and WHEREAS, the Council believes that the safety of users and visitors, including children, will be enhanced if guns are not brought onto City property; and WHEREAS, the Council can find no rational justification to distinguish between access by permit holders to school property; and WHEREAS, the greater presence of guns on City property may increase liability and workers compensation exposure, thereby increasing the cost of government services at a time when city finances are already severely strained; and WHEREAS, the Council agrees in concept with the failed amendment to the House file that would have allowed cities to prohibit concealed guns on public facilities, such as city halls, parks and recreation centers; and WHEREAS, time is of the essence for legislators to reconsider and amend the Act for the public safety of public employees and users of public facilities. • NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of • Oak Park Heights, that it supports an amendment to the Minnesota Personal Protection Act, to allow cities to regulate the ability of permit holders to carry guns on city property, by giving cities the ability to effectively ban guns on city property and the right to post signs stating, "The City of Oak Park Heights bans guns in City Hall or on City -owned properties." Passed by the City Council for the City of Oak Park Heights this Sth day of July, 2003. David eaudet, Mayor T ric Johns City A str / tor • • RESOLUTION NO. 03-07-36 OF THE CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL OF THE REQUEST BY NORTH AMERICAN PROPERTIES FOR PLANNED UNIT DEVELOPMENT CONCEPT PLAN APPROVAL TO ALLOW THE DEVELOPMENT OF PROPERTY AT THE SOUTHEAST CORNER OF 60TH STREET NORTH AND KRUEGER LANE IS APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from North American Properties for PUD concept plan approval to allow the development of property at the southeast corner of 60 Street North and Krueger Lane; 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: 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 development consists of two restaurants, a fast food location, and a bank site with a total square footage of more than 21,200 square feet; and 4. The proposed development is consistent with the Comprehensive Plan and the planned zoning for this property; and 5. The City staff prepared a planning report dated July 2, 2003, reviewing the request; and 6. The planning report dated July 2, 2003, noted that while issues remain related to traffic and stormwater, City staff recommends approval with conditions; and 7. The Planning Commission held a public hearing at their July 10 2003 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: • NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by North American Properties for PUD concept plan approval to allow the development of property at the southeast corner of 60 Street North and Krueger Lane 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 finds that the proposed concept plan, building and parking arrangement to be generally acceptable. 2. Rezoning of the property to B -2 with a planned unit development overlay would occur concurrently with the general plan of development approval. 3. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan and required improvements shall be subject to review and • approval of the City. 4. The grading and drainage plan shall be subject to review and approval of the Brown's Creek Watershed District and the City Engineer. All required stormwater improvements and/or payments shall be outlined in the general plan approval and the development contract. 5. The Zoning Ordinance parking requirement of six parking spaces per 1,000 square feet may be varied for this development as part of the general of development approvals. Applicants shall work with City staff to determine appropriate ratio for the development. Parking stalls that are in excess of the requirements for this development may be shown on the site plan as proof of parking and landscaped appropriately. 6. The general plan shall include expanded parking stall end landscaping and green areas to replace excess parking stalls. 7. The exit at the drive through lane for the fast food shall be reviewed for vehicle turning movements subject to approval by the city Engineer. 8. The existing lift station access shall be re- oriented to the access road and the curb cut on 60 Street shall be removed. 9. The trash dumpster located to the south and west of the fast food building shall be • relocated adjacent to or within the building. 2 • 10. The general plan shall address adequate loading areas for the restaurant buildings. 11. The concept utility plan is subject to review and approval by the City Engineer. 12. The Parks Commission shall comment on the need for additional trails and sidewalks on/or adjacent to the subject site. Sidewalk connections along Norell Avenue and Krueger Lane to 58 Street with crosswalks should be considered. 13 The architectural appearance of the structure shall be subject to Design Guidelines review as part of the general plan of development consideration. 14. Detailed plans related to lighting, signage, and landscaping shall be subject to review as part of the general plan of development consideration. 15. The applicant shall be required to enter into a development contract with the City subject to review and approval of the City Attorney and City Council. All cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney Recommended by the Planning Commission of the City of Oak Park Heights this 22 day of July 2003. • A . yz David Beau�Mayor a-e'� TES . Eric A. John n, City Administrator 3 • ATTACHMENT A Legal Description: Outlot B, Brackey Addition • • ATTACHMENT B pe Planned Unit Development (PUD): General Concept Plan KOHL'S DEPARTMENT STORE — 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: July 2, 2003 Planning Commission Public Hearing & Recommendation: July 10, 2003 Required Approvals: PUD: General Concept • 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) r RESOLUTION NO. 03 -07 -37 OF THE 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 AREA HIGH SCHOOL FOR A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW INSTALLATION OF BLEACHER SEATING AT THE ATHLETIC FIELDS IS APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Stillwater Area High School for a conditional use permit amendment to allow installation of bleacher seating at the athletic fields; 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: 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 original Conditional Use Permit for the High School was approved December 10, 1991; and 4. The applicant is requesting an amendment to the existing CUP in order to provide bleacher seating to athletic spectators; and 5. The City staff prepared a planning report dated July 2, 2003 reviewing the request and recommending approval with conditions; and 6. The Planning Commission held a public hearing at their July 10 2003 meeting, took comments from the applicants and public, closed the public hearing, and • recommended that the application 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 Stillwater Area High School for a conditional use permit amendment to allow installation of bleacher seating at the athletic fields 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 bleachers shall be constructed in compliance with the Minnesota Bleacher Safety Act and the Building Code subject to approval of the Building Official. 2. The bleachers as proposed shall be completed by December 31, 2006. 3. The City Arborist shall comment on the need for shade trees adjacent to each of the bleacher locations. Approved by the City Council of the City of Oak Park Heights this 22 day of July • 2003. D AT ST: Eric A. ohnson, ity Administrator 2 .. _, .........,. e• ., OL,.u, "4411/• av "atl L, Wea1111181O11 County, Fiinnesotm, descr. d as follo *I Beginning at the Northeast corner of the South 496,00 fast or amid Northeast Quarter, as measured at a right angles to the South line of said Northeast Querterl th4ncs south 88' degrees 45 minutos 42 seconda Vast, assumed bearing, along said North lies& 2342.42 feet to the venter Mies of Trunk IlLghway 5, as presently located and traveled► thence North 34 degrees 17 ti11t►ntes 12 sa_eondo East along said center lino 536.45 Peet; thence south 55 41 agrees 42 minutes 48 seconds Bast 278,00 Peet to rite North line of the South 771.07 feet 1! said Northeast quarter. as moasuted at a right angle to said South line; thence North 88 degrees 45 minutes 42 second■ East along said North line 1800.79 feat to the East line of said Northeast quarter; thence South 02 degrees 00 minutes 03 "Ounds East along said East line 275,07 feet, more or 16sa, to the point of beginning, containing 14.79 acres, owra or Less. Subject to Trunk Highway 5 along the Northwesterly 78,00 feet thereof and subject to restrictions and oaeomesllts of record. Together with an senescent for the purposes of construction, installation, maintenance and topalr of utilltle■ under, upon and over the Easterly 30 fast, as moqFur4d at right angles to the Easterly lino tlleroof of the following described propertyt That part of the Northeast Quarter of Ssation 6, Townaltip 29 North, Range 20 Vest, Washington County, Minnesota, described as follows, Beginning at the Northeast corner of the South 771.07 feet of said Northeast quarter, as measured at a right angle to the South line of said Northeast Quarter; thence south 88 degrees 45 minutes 42 seconds Vent, assumed bearing, along said North line 1800.79 feet; thence North 35 degrees 42 minutas 48 seconds. pest 278.00 feet to the center title of Trunk Highway 3, as presently located and traveled; thence North 34 degrees 17 minutes 12 seconds East along said center lino 1185.28 feet to the South line of ties North 801,66 feat of amid Northeast Quarter as tnessurad at a right angle to the North line of said Northeast Quarter: thence North 89 degrees 54 minutes 56 seconds East along said South line 1383.19 feet to said East lino of the Northeast quartarl thence South 02 degrees 00 lminutom 03 ssoonda East along said Bast line 1017.03 feet to the point of beginning, 0onteshting 41.20 acrae, more or lose. Subject to Trunk Highway 5 along the Northwesterly 78.00 feet thereof and subject to restrictions and easements of record. AND ' That part of the Nast Half of the Southwest quarter of section 5, that part 0f ties Southeast quarter of Seotion 6, that part of the Northeast quarter of the southwest Quarter of said Section 6, that part of the Southeast quarter of the Northwest quarter of said Station 6 and that part of the Northeast quarter of ssid Section 6 all in Township 29 Horth, Aange 20 West, Nasltingtutt county, Hlnutnots, da■oribed as foliolr.t Cummo11alt►g at tit* llouth*gat corner or sold Vust Half Of tltc ItOUthRest quarter Of Section 51 " 1411041 North 01 dust** 4e mLnutos 09 snc8nde Vast, nesu►swd bearing, Along 7 the Last line o maid Want Mali' q! the Sotlilwast (luartor a diotatico of 1753.20 feet to ties polls, of beginning; thence South 89 degrees 50 minutes 41 seconds West parallel "aril the South line of meld Womb lial£ of the Southwest eout qusrtor s dislonce of 132,39 feat to the Westerly lip* of said treat Half of the itwost Quarter; theetee,South 88 degroos 54 minutes 15 seconds West parallel kith the South line of maid Section 6 a'distance'oE 3332,47 feet to the cantor line of Old Trunk Ilighkay'112 As located add traveled in 1923; thence 'North 33 degrees 26 minutes 30 asponds East along said cantor lint 996,03 feat; thence North 34 degrees 17 minuC s 12 aeeonds Sant along s to the North lino said center line 100,41 feet of said liorthcast Quarter of,tho Quarter; thence South 88 degrees 45 minutes 42 ncoonds West along maid North line 3.69 feet to the center line of Trunk Higi►way 5 an presontly 13aAtod i ltte 609 Eoel and traveled; thence North 34 degrees 17 minutes 12 socottda game al to the North Lino of the South 4y6,00 foot; o[ ong said Bald Northeast an 'aa►tl: er r quarter; thence North 88 do6reos 45 mintitos 42 seconds East along said ltorth Ilno 13 foot to Cite East' tins of said Nortitsest quarter; thossea 8outl1 02 dogrons 00 mi,utea 03 seconda East along said Bast lillo 496 foot, more or less, to tiro tlortllwoat corner of said Vest Halt of the Southwest Quirtar; thonoo North 89 dogrons 46 alte 17 ne Bast along t line of sold pest Halt' of tl►o 8oltthwest e North li Quaruarter r a distance of 13211.32'feet to the Northeast corner of said Went *Half of the eo li uthweet Quarter; thence said to t Scutt) 01 degree 48 minutes 09 Seconds Saet along Feet to ti po lttt of the Veat Ilalf of t119 Southeast Quarter a distance of 910.66 of beginning. EXHIBIT "A" -- ExCUT tt+at part thereof being tile' tract described in Document No. 468927 recorded and on file in ,tile office of the County Rocordor, Washington County, Ndttnanots. Subject to Tru++k Ulshwny 5 along the Northwesterly line thereof. • The total area of'thin pareal la 110.00 "ran more or loss. Subject to r6strlctiens and easements of record and subject to tt drainage slid pondlt►g easement over that Part of ti►e iiorthonat Quarter of Section 6, Township 29 North, Range 20 Beat, lashington County, Kittnesota lying Easterly of the Easterly right of line Trunk Iligliway 5 described ail follows: Commencing at the intersection of canter line of said Trunk llighxny 5, as presently traveled, and tl►e South line of the North Half DE said SOntiutt 6: thence North 34 degroas 17 etintttha 12 seconds Rant, asstimed bnarlt►g, along said center lice 200.78 feat to the point of bo81nn1ng: thence Soutil 55 dngreen 42 minutes 48 aecouds Lunt 05.00 feat thnnee South 11 dogrnoa 42 minute» 40 anconde .ast 115.00 Pact, thence South 84 dallreen 42 rainuta0 b8 9001111(113 F.e3tl 110.00 [cot; thettoa Nottll 00 doBreen 21 tminutes 42 seconds East 248.93 fool•; 0101 HOW' 55 degtens 42 minute: 46 seconds Vast 125.00 feet to said center line, thence South 34 degrees 17 minutes 12 seconds Neat along said Gunter line 180.00 feet to ti►e point of beginning, containing 0.71 acres, more or Loos. AND Outlot 'A' and Outlot: 'D', Kern's Education Addition, as platted and on file and of record in the Office of the County Recorder of Washington County, Minnesota. • Washington County GEO Code: 06- 029 -20 -41 -0002 x ATTACHMENT B Conditional Use Permit Amendment Stillwater Area High School (ISD #834) - Bleachers 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: July 2, 2003 Planning Commission Public Hearing & Recommendation: July 10, 2003. Required Approvals: CUP Amendment • City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) CUP Amendment: An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplication for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance 401. (401.03.C.5) RESOLUTION NO. 03-07-38 OF THE 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 W.A.T.E. ENTERPRISES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW FOR SITE PLAN CHANGES FOR THE PROPERTY AT 5610 MEMORIAL AVENUE NORTH IS APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from W.A.T.E. Enterprises for a planned unit development amendment to allow for site plan changes for the property at 5610 Memorial Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of 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: Lot 4, Block 2, Kern Center 2nd Addition and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT A and 3. On May 13, 2003, the City Council approved a Planned Unit Development for W.A.T.E. Enterprises, Inc. to allow the construction of a 12,800 square foot office /warehouse building and 4,127 square foot cold storage building upon a 2.3 -acre site located west of Memorial Avenue North between Highway 36 and 55 Street North. 4. The proposed site plan changes include relocating the loading area to the southeast side of the building and shifting parking to the northwest side of the building; and 5. While the orientation of the principal building and the parking has changed, no changes to the plan in terms of area or general layout have been proposed; and • 6. The City staff prepared a planning report dated July 2, 2003 reviewing the request and recommending that the request be approved with conditions; and 7. The Planning Commission held a public hearing at their July 10 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application 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 W.A.T.E. Enterprises for a planned unit development amendment to allow for site plan changes for the property at 5610 Memorial Avenue North and affecting the real property as follows: Lot 4, Block 2, Kern Center 2nd Addition 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 access and circulation plan is subject to the review and approval of the City Engineer and Fire Chief. 2. The applicant should identify the location of snow storage within the site plan. 3. The four off - street parking stalls located within the loading area be eliminated and the adjacent row of parking (to the northwest) be extended to the southeast. 4. The landscaping plan is subject to review and approval by the City Arborist. 5. The applicant shall pay a tree replacement fee set by the City Arborist. 6. The drainage and grading plan is subject to the review and approval of the City Engineer. 7. The utility plan is subject to the review and approval of the City Engineer and Fire Chief. 8. The location of fire hydrant and sprinkler systems within both buildings shall be subject to the review and approval of the Fire Chief and/or building official. 9. All site lighting shall be constructed in conformance with the Zoning Ordinance. Approved by the City Council of the City of Oak Park Heights this 22" day of July 2003. David Beaudet, Mayor 2 ATTEST: Eric . ohnso , lCi inistrator 3 ATTACHMENT A Planned Unit Development Amendment WATE Enterprises, Inc. — 5610 Memorial 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 (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: July 2, 2003 Planning Commission Public Hearing & Recommendation: July 10, 2003. 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) RESOLUTION NO. &3 0 - 7-31 • CITY. COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND DENIAL BY THE CITY COUNCIL OF THE REQUEST BY PETER HOUSER FOR A ZONING ORDINANCE AMENDMENT TO ALLOW MINOR AUTO REPAIR AS A CONDITIONAL USE IN THE CBD, CENTRAL BUSINESS DISTRICT WHEREAS, the City of Oak Park Heights has received a request from Peter Houser for a Zoning Ordinance amendment to allow minor auto repair as a conditional use in the CBD, Central Business District; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be denied. The City Council of the City of Oak Park Heights makes the following fmdings of fact: 1. The real property affected by said application includes all properties zoned CBD, Central Business District in the City of Oak Park Heights; and • 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT A and 3. A staff planning report, dated May 2, 2003, reviewed the request for the Zoning Ordinance amendment; and 4. The City amended its Zoning Ordinance on August 11, 1998 to include a CBD, Central Business District; and 5. The area known as the Central Business District has been zoned CBD, Central Business District. 6. The City completed a Central Business District Urban Design Study, dated May 1999; and 7. The City adopted Central Business District Design Guidelines, dated June 2000; and • 8. The CBD, Central Business District of the Zoning Ordinance does not • allow automotive related uses such as sales lots or interior or external automobile repair; and 9. The Planning Commission held a public hearing on the zoning amendment at their June 12, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be denied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND DENIES THE APPLICATION. A. The application submitted by Peter Houser for a Zoning Ordinance amendment to allow minor auto repair as a conditional use in the CBD, Central Business District, and affecting all properties zoned CBD, Central Business District in the City of Oak Park Heights. Be and the same as hereby denied by the City Council of the City of Oak Park Heights based upon the following: 1. The Comprehensive Plan has designated this area as Central Business District. 2. The City has zoned the property CBD, Central Business District in which automotive • repair activities are not allowed. 3. The City has completed a Central Business District Urban Design Study and Design Guidelines as a framework for land use and development standards for the area. 4. The City has approved plans for development on certain portions of the Central Business District in compliance with the CBD, Central Business District zoning, Urban Design Study, and Design Guidelines. 5. The City, at this time, is not willing to deviate from the Comprehensive Plan, CBD, Central Business District zoning, Urban Design Study, or Design Guidelines that were established for the CBD, Central Business District. 6. The minor automotive repair use is found to be inconsistent with the land uses and performance standards established for the CBD, Central Business District. 7. The City has adequate area guided in the Comprehensive Plan and zoned to accommodate automotive repair uses. 8. The Planning Commission of the City of Oak Park Heights, at their June 12, 2003 meeting, recommended denial of the Zoning Ordinance amendment to allow minor auto repair as a conditional use permit in the CBD, Central Business District. • 2 Denied by the City Council of the City of Oak Park Heights this 22" ay of July 2003. • Davit Beaudet, ayor ATTEST: A EAdministrator • • 3 ATTACHMENT A Zoning Ordinance Amendment Allowing Minor Auto Repair as a Conditional Use in the Central Business District MIDAS — PETER HOUSER 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: June 4, 2003 Required Approvals: Zoning Amendment Planning Commission 4/5 City Council 4/5 • RESOLUTION NO. 03 -08-40 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 FOR ENROLLMENT WITHIN THE SAFE AND SOBER COMMUNITY PROJECT FOR THE PERIOD OF TIME OF OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004 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, 2003 through September 30, 2004; 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 by applying for the Grant Application in conjunction with the Stillwater Police Department and the Bayport Police Department. 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, 2003 through September 30, 2004. 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 Officer Jay Jackson of the Bayport 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 O Par eights is 12 d of August, 2003. ayor TT X ric A. Jo son City Adm istra • RESOLUTION NO. 03-08-41 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AMENDING THE 2003 BUDGET WHEREAS, the City Council of the City of Oak Park Heights adopted a 2003 budget in December 2002; WHEREAS, the State of Minnesota has a reduced the 2003 Local Government Aid and Market Value Homestead Credit Aid distributions to the City of Oak Park Heights in the amount of $104,438. WHEREAS, the City of Oak Park Heights has determined the 2003 expenditure budget can be reduced to adjust for Local Government Aid and Market Value Homestead Credit Aid reductions as follows: 1. Administration - Salaries of Regular Employees $17,500 2. Community Development - Salaries of Regular Employees $76,900 3. Community Development -PERA Contribution $4,250 4. Community Development -FICA Contribution $5,850 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the 2003 expenditure budget will be adjusted by $104,500 to adjust for the reduction in Local Government Aid and Market Value Homestead Credit Aid. Passed by the City Council for the City of Oak Park Heights thi day of August 2003. i def,_ ayor EST: Eric A. J on City Ad i strator • t RESOLUTION NO. D 3 ' 0 $ - 4-'� • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL BY THE CITY COUNCIL FOR THE REQUEST BY SNYDERS DRUG STORES FOR A PLANNED UNIT DEVELOPMENT, SITE MODIFICATIONS, AND IMPROVEMENTS AT THE LOWER ST. CROIX MALL AT 60 STREET AND OSGOOD AVENUE NORTH WHEREAS, the City of Oak Park Heights has received a request from Snyders Drug Stores for a planned unit development amendment to allow for construction of a building addition, site modifications, and improvements at the lower St. Croix Mall at 60 Street and Osgood Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved. 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. The subject site is zoned B -2, General Business District and is subject to the planned unit development approvals granted to the St. Croix Mall; and 4. City staff prepared a memorandum dated August 5, 2003 reviewing the request; 5. The Planning Commission held a public hearing at their August 14, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application 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 Snyders Drug Stores for a planned unit development amendment to allow for construction of a building addition, site modifications, and improvements at the lower St. Croix Mall at 60 Street and Osgood Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. Proof of ownership by C & H Properties must be provided, or SC Mall LLC must provide written authorization for the application. 2. The applicant must provide color elevations and building material samples for Planning Commission review and approval. 3. Details of the existing freestanding sign must be provided and plans for bringing the sign into conformance with Section 401.15.G of the Zoning Ordinance must be submitted for • City review and approval. The freestanding sign shall not exceed 100 square feet and a height of 20 feet. The freestanding sign base shall be surrounded with a landscape planter at least three feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials. 4. A revised wall sign plan must be submitted for City review and approval. The plan must include a maximum of two wall signs. In addition, on- premises directional signs, each not exceeding four square feet in area, may be allowed to identify the pharmacy drive through. 5. The total cumulative sign area of wall and freestanding signs, except for on- premises directional signs, shall not exceed 300 square feet. 6. The landscape plan is subject to City Arborist review and approval. 7. The two proposed pole lights next to the east parking lot must be relocated to be no closer than ten feet from the property line. 8. A photometric plan must be submitted that complies with Section 401.15.B.7.d. of the Zoning Ordinance. 9. Light standards may not exceed 25 feet from the parking lot surface to the top of the light is fixture. The lenses must be revised to be flat. The proposed wall lights must be revised 2 . so that the luminare contains a cutoff that directs and cuts off the light at an angle of 90 degrees or less. 10. The exterior wall treatment of the proposed dumpster enclosure shall be similar and/or complement the principal building. Details must be submitted for City staff review and approval. 11. The location of the sanitary sewer line in relation to the proposed building addition is subject to review and approval by the Building Official. 12. Grading and drainage issues are subject to review and approval by the City Engineer and the Middle St. Croix Watershed District. 2003. Approved by the City Council of the City of Oak Park Heights this 26 day of August avid Beaudet, Mayor • AT S . E ohnson, Administrator • 3 RESOLUTION NO. 03 -08 -43 • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL BY THE CITY COUNCIL FOR THE REQUEST BY NORTH AMERICAN PROPERTIES FOR A PUD GENERAL PLAN OF DEVELOPMENT, REZONING TO B -2, GENERAL BUSINESS DISTRICT, AND FINAL PLAT APPROVAL TO ALLOW THE CONSTRUCTION OF A KOHL'S DEPARTMENT STORE AND RETAIL COMMERCIAL SPACE ON PROPERTY SOUTH OF 60' STREET AND WEST OF NORELL AVENUE NORTH WHEREAS, the City of Oak Park Heights has received a request from North American Properties for a PUD general plan of development, rezoning to B -2, General Business District, and final plat approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 60 Street and west of 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. 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. The subject site is zoned O, Open Space Conservation and will be rezoned to B -2, General Business District; and 4. The City Council, at their May 27, 2003 meeting, approved the concept plan for the subject development; and • 5. The applicant has provided a preliminary/final plat entitled the Shoppes of Oak Park Heights for approval and City staff prepared a memorandum dated August 7, 2003 reviewing the request for general plan, rezoning to B -2, and final plat approval; and 7. The Planning Commission held a public hearing at their August 14, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application 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 North American Properties for a PUD general plan of development, rezoning to B -2, General Business District, and final plat approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 60 Street and west of Norell Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: • A. Approval of the rezoning of the subject property from O, Open Space Conservation to B- 2, General Business District. B. Approval of the " Shoppes of Oak Park Heights" final plat subject to the following conditions: 1. The City approve the PUD General Plan. 2. The City Engineer, City Attorney and MnDot find the final plat to be acceptable. 3. An access easement be acquired from the City to accommodate the proposed northerly Norell Avenue access to the property. C. Approval of the PUD General Plan subject to the following conditions: 1. The City approve the rezoning of the property to a B -2, General Business designation with a planned unit development overlay. 2. The City approve the proposed final plat. 3. The submitted traffic analysis is found to be acceptable by the City Engineer. • 2 4. The six handicap stalls located along the east /west drive aisle directly north of the building be relocated to the interior of the parking lot. 5. A snow storage plan shall be submitted for City staff review and approval. 6. The grading and drainage plan for the project shall be subject to review and approval of the Browns Creek Watershed District and the City Engineer. The grading and drainage plans shall comply with the requirements of the City's Regional Stormwater Plan, and all stormwater ponding for the project shall be subject to the approval of the City Engineer. All required stormwater improvements and/or payments shall be outlined in the development contract. 7. The utility plan is subject to review and approval of the City Engineer. 8. A trail be placed on Norell Avenue from 58 to 60 Street North with a marked crosswalk over 5e Street. The applicant shall work with the Parks Commission and City staff in the placement of the sidewalk. An easement shall be dedicated to the City for a trail/sidewalk along Norell Avenue by the applicant. The City Engineer shall determine the required easement area that will be indicated on the final plat. The sidewalk shall be constructed at the applicant's expense and subject to review and approval of the City Engineer. 9. The applicant provide color building elevations and building material samples for Planning Commission and City Council review and approval. 10. The grading and placement of a retaining wall adjacent to the transmission line towers shall be subject to written approval of Xcel Energy. 11. The truck access to 58 Street shall be removed on the site plan. The applicant shall submit a revised site plan indicating the change subject to review and approval of the City Engineer. 12. Seasonal planters be provided directly north of the four retail stores within the sidewalk area. 13. A landscape planter containing decorative shrubbery and/or flower materials be provided at the base of the proposed freestanding sign. 14. The landscape plan be subject to review and approval by the City Arborist. 15. Trash handling locations shall be indicated on the site plan. Trash receptacles shall be located within enclosures and not be visible to surrounding public streets subject to review and approval of City staff. 16. Outside storage on the property (including trailers) shall be prohibited. 3 17. All wall signs not exceed 15 percent of the area of an applicable fagade or 300 square feet in size. 18. The proposed freestanding sign be reduced in size from 150 to 100 square feet. 19. The City finds the percentage of glass illustrated upon the proposed building elevations (approximately 9 percent) to be acceptable. 20. The future Kohl's expansion of 19,200 square feet is found to be acceptable with this approval. The expansion plans shall be submitted to City staff for review and approval subject to compliance with the Zoning Ordinance and this general plan approval. 21. The applicant enter into a development contract with the City subject to review and approval of the City Attorney and City Council All cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney. 22. An easement shall be dedicated to the City for a trail/sidewalk along Krueger Lane by the applicant. The City Engineer shall determine the required easement area that will be indicated on the final plat. Approved by the City Council of the City of Oak ghts this 26 day of August 2003. et, Mayor a TE T: ric A. John rty Administrator 4 RESOLUTION 03 -09- 44 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2004 "PROPOSED BUDGET AND GENERAL FUND LEVIES WHEREAS, the City Staff has prepared and submitted to the City Council it's proposed budget for calendar year 2004; 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 2004 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $2,462,865. 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 2004 in the amount of $1,991,370.00. 3. The City Administrator is also authorized and directed to certify to Washington County a special levy to be added to the Proposed General Fund levy in the amount of $1,320.00 for the PERA contribution rate increase. 4. The City Administrator is also authorized and directed to certify to Washington County for collection the proposed sum of $61,380.00 for General Obligation Refunding Bonds of 2001, to be collected in calendar year 2004. Passed by the City Council for the City of Oak Park Hei s this 9th day of September 2003. udet, Mayor , /A ohnson rator • RESOLUTION 03 -08-45 RESOLUTION SUPPORTING THE REINSTALLATION ADVANCE WARNING FLASHERS ON HWY 36 WHEREAS, advanced warning flashers on Trunk Highway 36 were installed in cooperation with the City of Stillwater and Washington County; and WHEREAS, the City of Oak Park Heights provided $12,214.81 for the installation of the flashers at Hwy 36 and Oakgreen/Greeley; and WHEREAS, the project was part of an accident reduction program; and WHEREAS, Mn/Dot provided no information to the City regarding the removal of the advanced warning flashers on Hwy 36; and WHEREAS, Mn/Dot has provided an explanation for the removal of the advance warning light flashers on highway 36; and WHEREAS, Mn/Dot has indicated that advance warning light flashers will not be • reinstalled since they now constitute a traffic safety hazard; and WHEREAS, Mn/Dot will monitor highway 36 for accidents and reinstall the advance warning lights if the accident rate rises to an unacceptable level; and WHEREAS, the Oak Park Heights City Council is concerned about the safety at these intersections. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA that the City hereby respectfully request that Mn/Dot investigate and report back to the City Council options for cost recovery. Adopted by the Council this 26 day of August 2003. David Beaudet, Mayor A st: • Eric Johnso , ity Administrator . AMENDED RESOLUTION NO. 03-09-46 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL BY THE CITY COUNCIL FOR THE REQUEST BY NORTH AMERICAN PROPERTIES FOR A PUD GENERAL PLAN OF DEVELOPMENT, REZONING TO B -2, GENERAL BUSINESS DISTRICT, AND FINAL PLAT APPROVAL TO ALLOW THE CONSTRUCTION OF A KOHL'S DEPARTMENT STORE AND RETAIL COMMERCIAL SPACE ON PROPERTY SOUTH OF 60 STREET AND WEST OF NORELL AVENUE NORTH WHEREAS, the City of Oak Park Heights has received a request from North American Properties for a PUD general plan of development, rezoning to B -2, General Business District, and final plat approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 60 Street and west of 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. 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. The subject site is zoned O, Open Space Conservation and will be rezoned to B -2, General Business District; and 4. The City Council, at their May 27, 2003 meeting, approved the concept plan for the subject development; and • 5. The applicant has provided a preliminary /final plat entitled the Shoppes of • Oak Park Heights for approval and City staff prepared a memorandum dated August 7, 2003 reviewing the request for general plan, rezoning to B -2, and final plat approval; and 7. The Planning Commission held a public hearing at their August 14, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application 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 North American Properties for a PUD general plan of development, rezoning to B -2, General Business District, and final plat approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 60 Street and west of Norell Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: A. Approval of the rezoning of the subject property from O, Open Space Conservation to B- 2, General Business District. B. Approval of the " Shoppes of Oak Park Heights" final plat subject to the following conditions: 1. The City approve the PUD General Plan. 2. The City Engineer, City Attorney and MnDot find the final plat to be acceptable. 3. An non exclusive permissive license be acquired from the City to accommodate the proposed northerly Norell Avenue access to the property and sign location. C. Approval of the PUD General Plan subject to the following conditions: 1. The City approve the rezoning of the property to a B -2, General Business designation with a planned unit development overlay. 2. The City approve the proposed final plat. 3. The submitted traffic analysis is found to be acceptable by the City Engineer. • 2 4. The six handicap stalls located along the east/west drive aisle directly north of the • building be relocated to the interior of the parking lot. 5. A snow storage plan shall be submitted for City staff review and approval. 6. The grading and drainage plan for the project shall be subject to review and approval of the Browns Creek Watershed District (BCWD) and the City Engineer. The grading and drainage plans shall comply with the requirements of the BCWD and all stormwater ponding for the project shall be subject to the approval of the BCWD and construction of same supervised by the office of the Engineer. All required BCWD permits and stormwater improvements and/or payments shall be outlined in the development contract. 7. The utility plan is subject to review and approval of the City Engineer. 8. A trail be placed on Norell Avenue from 58 to 60 Street North with a marked crosswalk over 58 Street. The applicant shall work with the Parks Commission and City staff in the placement of the sidewalk. An easement shall be dedicated to the City for a trail/sidewalk along Norell Avenue by the applicant. The City Engineer shall determine the required easement area that will be indicated on the final plat. The sidewalk shall be constructed at the applicant's expense and subject to review and approval of the City Engineer. • 9. The applicant provide color building elevations and building material samples for Planning Commission and City Council review and approval. 10. The grading and placement of a retaining wall adjacent to the transmission line towers shall be subject to written approval of Xcel Energy. 11. The truck access to 58 Street shall be removed on the site plan. The applicant shall submit a revised site plan indicating the change subject to review and approval of the City Engineer. 12. Seasonal p lanters b e p rovided d irectly n orth o f t he f our r etail s tores w ithin t he sidewalk area. 13. A landscape planter containing decorative shrubbery and/or flower materials be provided at the base of the proposed freestanding sign. 14. The landscape plan be subject to review and approval by the City Arborist. 15. Trash handling locations shall be indicated on the site plan. T rash receptacles shall be located within enclosures and not be visible to surrounding public streets subject to review and approval of City staff. • 16. Outside storage on the property (including trailers) shall be prohibited. 3 • 17. All wall signs not exceed 15 percent of the area of an applicable fagade or 300 square feet in size. 18. The proposed freestanding sign be reduced in size from 150 to 100 square feet. 19. The City finds the percentage of glass illustrated upon the proposed building elevations (approximately 9 percent) to be acceptable. 20. The future Kohl's expansion of 19,200 square feet is found to be acceptable with this approval. The expansion plans shall be submitted to City staff for review and approval subject to compliance with the Zoning Ordinance and this general plan approval. 21. The applicant enter into a development contract with the City subject to review and approval of t he C ity A ttorney a nd C ity C ouncil A 11 c ross a asements a nd other easement documents required for this development shall be subject to review and approval of the City Attorney. 22. An easement shall be dedicated to the City for a trail/sidewalk along Krueger Lane by the applicant. The City Engineer shall determine the required easement area that will be indicated on the final plat. • Approved by the City Council of the City f O Heights this 26 day of A Y y n guae - 2003. David Beau ay AT ST: n A. Johnso ity Administrator • 4 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL BY THE CITY COUNCIL FOR THE REQUEST BY NORTH AMERICAN PROPERTIES FOR A PUD GENERAL PLAN OF DEVELOPMENT, REZONING TO B -2, GENERAL BUSINESS DISTRICT, AND FINAL PLAT APPROVAL TO ALLOW THE CONSTRUCTION OF A KOHL'S DEPARTMENT STORE AND RETAIL COMMERCIAL SPACE ON PROPERTY SOUTH OF 60 STREET AND WEST OF NORELL AVENUE NORTH WHEREAS, the City of Oak Park Heights has received a request from North American Properties for a PUD general plan of development, rezoning to B -2, General Business District, and final plat approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 60"' Street and west of 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. 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. The subject site is zoned O, Open Space Conservation and will be rezoned to B -2, General Business District; and 4. The City Council, at their May 27, 2003 meeting, approved the concept plan for the subject development; and i 5. The applicant has provided a preliminary /final plat entitled the Shoppes of i Oak Park Heights for approval and City staff prepared a memorandum dated August 7, 2003 reviewing the request for general plan, rezoning to B -2, and final plat approval; and 7. The Planning Commission held a public hearing at their August 14, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application 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 North American Properties for a PUD general plan of development, rezoning to B -2, General Business District, and final plat approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 60 Street and west of Norell Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject • to the following conditions: A. Approval of the rezoning of the subject property from O, Open Space Conservation to B- 2, General Business District. B. Approval of the " Shoppes of Oak Park Heights" final plat subject to the following conditions: 1. The City approve the PUD General Plan. 2. The City Engineer, City Attorney and MnDot find the final p at to be acceptable. I INTO t�W 3 An .,,.eels easem °M* non exclusive nerds ve license, be acquired from the City to accommodate t he p roposed n ortherly N orell A venue a ccess t o the property and sign location. C. Approval of the PUD General Plan subject to the following conditions: 1. The City approve the rezoning of the property to a B -2, General Business designation with a planned unit development overlay. 2. The City approve the proposed final plat. • 3. The submitted traffic analysis is found to be acceptable by the City Engineer. 2 • 4. The six handicap stalls located along the east/west drive aisle directly north of the building be relocated to the interior of the parking lot. 5. A snow storage plan shall be submitted for City staff review and approval. 6. The grading and drainage plan for the project shall be subject to review and approval of the Browns Creek Watershed District (BCWD) and the City Engineer. The grading and drainage plans shall comply with the requirements of the Gity Regional Stem wale~ , BCWD and all stormwater ponding for the project shall be subject to the approval of the BCWD and construction of same supervised by the office of the City Engineer. All required BCWD hermits and stormwater improvements and/or payments shall be outlined in the development contract. 7. The utility plan is subject to review and approval of the City Engineer. 8. A trail be placed on Norell Avenue from 58 to 60 Street North with a marked crosswalk over 58 Street. The applicant shall work with the Parks Commission and City staff in the placement of the sidewalk. An easement shall be dedicated to the City for a trail/sidewalk along Norell Avenue by the applicant. The City Engineer shall determine the required easement area that will be indicated on the • final plat. The sidewalk shall be constructed at the applicant's expense and subject to review and approval of the City Engineer. 9. The applicant provide color building elevations and building material samples for Planning Commission and City Council review and approval. 10. The grading and placement of a retaining wall adjacent to the transmission line towers shall be subject to written approval of Xcel Energy. 11. The truck access to 58 Street shall be removed on the site plan. The applicant shall submit a revised site plan indicating the change subject to review and approval of the City Engineer. 12. Seasonal p lanters b e p rovided d irectly n orth o f t he four r etail s tores w ithin t he sidewalk area. 13. A landscape planter containing decorative shrubbery and/or flower materials be provided at the base of the proposed freestanding sign. 14. The landscape plan be subject to review and approval by the City Arborist. 15. Trash handling locations shall be indicated on the site plan. T rash receptacles shall be located within enclosures and not be visible to surrounding public streets subject to review and approval of City staff. 3 16. Outside storage on the property (including trailers) shall be prohibited. 17. All wall signs not exceed 15 percent of the area of an applicable fagade or 300 square feet in size. 18. The proposed freestanding sign be reduced in size from 150 to 100 square feet. 19. The City finds the percentage of glass illustrated upon the proposed building elevations (approximately 9 percent) to be acceptable. 20. The future Kohl's expansion of 19,200 square feet is found to be acceptable with this approval. The expansion plans shall be submitted to City staff for review and approval subject to compliance with the Zoning Ordinance and this general plan approval. 21. The applicant enter into a development contract with the City subject to review and approval of t he C ity A ttomey a nd C ity C ouncil A 11 c ross a asements a nd other easement documents required for this development shall be subject to review and approval of the City Attorney. 22. An easement shall be dedicated to the City for a trail /sidewalk along Krueger Lane by the applicant. The City Engineer shall determine the required easement • area that will be indicated on the final plat. Approved by the City Council of the City of Oak Park Heights this 26 day of August 2003. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator 0 4 ATTACHMENT A Legal Description: Outlot B Brackey Addition ATTACHMENT B Planned Unit Development (PUD): General Plan KOHL'S DEPARTMENT STORE & REATAIL COMERCIAL SPACE 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 (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: August 19, 2003 Required Approvals: PUD: General Concept Planning Commission Majority Vote City Council Majority Vote t ' RESOLUTION NO. 03-0 9-47 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL BY THE CITY COUNCIL FOR THE REQUEST BY J. MICHAEL AND CAROLYN DVORAK FOR A REAR YARD SETBACK VARIANCE FOR PROPERTY LOCATED AT 5898 OLINDA AVENUE NORTH WHEREAS, the City of Oak Park Heights has received a request from J. Michael and Carolyn Dvorak for a rear yard setback variance for property located at 5898 Olinda Avenue, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved. 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 applicants have 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 R -2, Low and Medium Density Residential which establishes a minimum rear yard setback of 30 feet; and 4. The applicants are proposing to construct an attached screen porch (resulting in a variance of eight feet), and 5. The City staff prepared a planning report dated August 5, 2003 and memorandum dated September 4, 2003 reviewing the request and recommended that the request be denied; and 6. 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 approval of the variance request based on the following findings: • a. The subject property is unique in regard to its shallowness. b. The physical constraints of the property are not a result of actions by the applicants. C. Alternative locations for the proposed home addition are not practical. d. The property's excessive front yard setback results in a limited rear yard area. e. The porch, as designed, requires the minimum variance necessary to accomplish the intended purpose of the applicant. f. The porch and necessary variance does not create an inconvenience to neighboring properties. Surrounding property owners have indicated support for the variance. g. The property was originally developed under Baytown Township/Washington County standards, not under the zoning requirements of the City of Oak Park Heights. h. The special circumstances related to the east rear yard setback do not result from the actions of the applicant. i. Denial of the variance may deprive the applicant of rights enjoyed by other properties in the neighborhood. • NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by J. Michael and Carolyn Dvorak for an eight foot variance from the required 30 foot rear yard setback affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval. Approved by the City Council of the City of Oak Park Heights this 23` September 2003. David ea , Mayor 2 L ATTEST: Eric ohns6n, Ci dmi or 3 ' r U llama X1_ EXHIBIT A i All that part of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of Section Four (4), Township Twenty -nine (29), Range Twenty (20) West described as follows: Beginning at the intersection of the South right -of -way line of State Trunk Highway No. 212 and the West line of the Northeast Quarter of Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four (4), and running thence East on the South right -of -way line of State Trunk Highway No. 212, a distance of Five hundred forty -two (542) feet to an iron pipe, thence South and parallel With the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four (4), a distance of Two hundred fifty feet (250 to the place of beginning of the following described tract, thence South and parallel to the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four (4), a distance of One hundred feet (100'), thence East and parallel with the South right -of -way line of State Trunk Highway No. 212, • a distance of One hundred feet (100'), thence North and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four (4), a distance of One hundred feet (100'), thence West and parallel with the South right -of -way line of State Trunk Highway No. 212, to the place of beginning, subject to power line easements of record, Grantee in Accepting this deed agrees and covenants that said tract shall not be used for commercial purposes. Also an easement for purposes of ingress to and egress from said tract of land over and across the following parcels of land in the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four (4) 1. A tract Thirty feet (30 in width from East to West and Two hundred eighty feet (280 in length from North to South, the West line of which is located as follows: Beginning at a point in the South right -of -way line of said Trunk Highway No. 212, Eight hundred seventy -two feet (872 East of the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four (4) and running thence South and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four, Two hundred eighty feet (280`) 2. A tract Thirty feet (30 in width from North to South and Two hundred feet (200 in length from East to West, the South line of which is located as follows: Beginning at a point Two hundred eighty feet (280 South of the South right -of -way line of said State Trunk Highway No. 212, and Eight hundred seventy -two feet (872 East of the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four (4) and running thence West and parallel with the said South right -of -way Two hundred feet (200 Continued on next page 0105220911 EXHIBIT A' CONTINUED r, 0105220911 I 3. A tract Thirty feet (30 in width from East to West and One hundred feet (100') in length from North to South, the West line of which is located as follows: Beginning at a point Two hundred fifty feet (250 South of the South right -of -way line of said State Trunk Highway No. 212 and Six hundred forty -two feet (642 East of the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four (4) and running thence South and parallel with the said West line of the said Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four (4), One hundred feet (100') That said easements shall be used by grantee in common with grantors and subsequent purchasers of other tracts of land now owned by grantors and is given for the purpose of providing a roadway for grantee and others connecting with said Highway No. 212. Grantee agrees to join with grantors in conveying his easement in said tracts to the township or other governing municipal corporation for the purpose of establishing a public roadway-over and across said tracts at such time as said municipal corporation will accept said tracts for such purpose. t ATTACHMENT B 5 Rear Yard Setback Variance — 5898 Olinda Ave. N. J. Michael and Carolyn Dvorack 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: July 30, 2003 Required Approvals: Variance Planning Commission 3/5 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) • RESOLUTION NO. 03 -10 -48 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING WATER AND SEWER USAGE RATES WITHIN THE CITY OF OAK PARK HEIGHTS EFFECTIVE JANUARY 1, 2004 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 and sewer rate increases to accommodate the cost for administrating, managing, and providing municipal water and sewer 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: 1. That effective January 1, 2004, 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 $1.68 per 1,000 gallons for water use above 16,000 gallons up to 33,000 gallons. d. A rate of $2.01 per 1,000 gallons for water use above 33,000 gallons. 2. That effective January 1, 2004, the City of Oak Park Heights shall establish a municipal sewer rate for all users as follows: a. A monthly rate of $1.00 for administrative fees, and $2.94 per 1,000 gallons of water used for the first 5,000 gallons, with a per quarter minimum charge of $15.70. b. A rate of $3.00 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 14th day of October, 2003. • David Beaudet, Mayor A ric A Jo Admi trator • RESOLUTION NO. 03 -10 -49 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS ESTABLISHING LIQUOR LICENSE FEES WHEREAS, the ordinances of the City of Oak Park Heights reserve the authority to establish license fees to the City Council from time to time; and WHEREAS, the City has not experienced a license fee adjustment in the area of on -sale liquor sales since 2002; and WHEREAS, the City Staff has reviewed neighboring communities as it affects fees for licenses charged therein and reviewed administration and • enforcement costs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That on -sale liquor license fees shall be established as of January 1, 2004 in the amount of $2,600.00. Passed by the City Council for the City of Oak Park Heights this 14 Day of October 2003. ATT bravid Beaudet, Mayor Eric A. J n Ad ' istr or RESOLUTION NO. 03-10-50 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS ESTABLISHING TOBACCO LICENSE FEES WHEREAS, the ordinances of the City of Oak Park Heights reserve the authority to establish license fees to the City Council from time to time; and WHEREAS, the City has not experienced a license fee adjustment in the area of tobacco sales since 2003; and WHEREAS, City Staff has investigated the costs associated with code enforcement and administrative expense in the supervision of tobacco licenses within the city, and WHEREAS, the City Staff has reviewed neighboring communities as it affects fees for licenses charged therein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1. That Class A and Class B tobacco license fees shall be established as of January 1, 2004 in the amount of $100.00. Passed by the City Council for the City of Oak Park Heights this 14' day of October 2003. Y d' D i ayor ATTE Eric A. Jo n Adminis at RESOLUTION NO. 03-10-51 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING ANNUAL LICENSE FEE FOR THE RETAIL SALE OF ITEMS CONSISTING OF WIRE OR WOOD SPARKLERS AND RELATED FIREWORKS PRODUCTS AS AUTHORIZED BY STATUTE WHEREAS, the Minnesota Legislature has authorized within the state, the sale of Products generally referred to as fireworks; and, WHEREAS, Minn. Stat. §624.20 specifically allows a local unit of government to impose annual license fees for the retail sale of products consisting of the following: Wire or wood sparklers of not more than one hundred (100) grams of mixture per • item; Other sparkling items that are non - explosive and non - aerial, and contain seventy - five (75) grams or less of chemical mixture per tube, or a total of two hundred (200) grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noise makers, which include paper streamers, party poppers, string poppers, snappers and drop pops, each consisting of not more than twenty -five hundred (2500) grams of explosive mixture; and, WHEREAS, the Statute authorizes the City to impose an annual license fee for the retail sale of items so specified in the amount of $350.00 for those retailers who are exclusively in the business of selling such items as described above, and $100.00 for those retailers who are non- exclusively in the occupation of selling the products listed above; and, WHEREAS, the Statute provides that a local unit of government may not: (1.) Impose any fee or charge other than the fee authorized by the Statute on the retail sale of such items; and (2.) Prohibit or restrict the display of items for permanent or retail sale authorized as specified above, to the extent that they comply with the National Fire Protection Association Standard 1124 (2003 edition); or • (3.) May not impose on a retail seller any financial guarantee requirements, • including bonding or insurance provisions or continue restrictions and conditions not imposed on the same basis on all other business licensees; and, WHEREAS, the City of Oak Park Heights determined that it is in the best interest of the City to regulate and include the collection of fees for annual licenses for firework sales within the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that an annual fee shall be collected from all retailers of fireworks products below in the amount of $100.00 for those retailers who sell product other than that which is specified below, and in the amount of $350.00 for those who sell exclusively the product listed below; and, BE IT FURTHER RESOLVED, the products specified under the Statute for which the City may collect the annual fee include the following: Wire or wood sparklers of not more than one hundred (100) grams of mixture per item; Other sparkling items that are non - explosive and non -aerial and contain seventy -five (75) grams or less of chemical mixture per tube, or a total of two hundred (200) grams or less from multiple tubes, snakes and worms, smoke devices, or trick noise makers, which include paper streamers, party poppers, string poppers, snappers and drop pops, each consisting of not more than twenty -five hundred (2500) grams of explosive mixture. • BE IT FURTHER RESOLVED that this Resolution imposing fees and establishing annual licensing shall be effective as of January 1, 2004. October 2003. r Passed by the City Council for Ci of ak ark Heights this 14th day of Orzr.� David�eaudet, Mayor TES Eric . J son Ci A inistrator 2 i RESOLUTION 03 -10 -52 A RESOLUTION REQUESTING FUNDS FROM THE MNDOT COOPERATIVE AGREEMENT PROGRAM FOR THE PURPOSE OF INSTALLING EMERGENCY VEHICLE PRE - EMPTION SYSTEMS AT THE INTERSECTIONS OF STH 36 AT OAKGREEN /GREELEY AND OSGOOD AVE Whereas, State Highway 36 is a major regional transportation corridor with significant traffic congestion and vehicle stacking time between State Highway 95 and State Hwy 5, and; Whereas, the State of Minnesota Department of Transportation has removed the Advance Warning Flashers (AWF) at the intersections of State Highway 36 and Osgood Ave. and also at State Highway 36 and Oakgreen/Greeley without prior consultation from the City Oak Park Heights or the City of Stillwater, and; Whereas, the City of Oak Park Heights, the City of Stillwater Fire Department, the Bayport Fire Department and the Lakeview Hospital EMS have a vital need for the timely and safe delivery of emergency services vehicles and personnel along the State Highway 36 corridor, and; Whereas Emergency Vehicle Preemption (EVP) system is already in place at Norrell/Washington and State Highway 36 and on the Highway 5 overpass of Highway 36, and; Whereas, the installation of an Emergency Vehicle Preemption (EVP) system at Highway 36 and Osgood and also at Highway 36 and Oakgreen/Greeley can improve the response times of emergency vehicles that must utilize the State Highway 36 corridor between State Highways 95, and 5; THEREFORE, BE IT NOW RESOLVED that the City of Oak Park Heights, with concept support from the City of Stillwater, Bayport Fire Department and Lakeview Hospital EMS is requesting funding from the Cooperative Agreement Program for the installation of an EVP system at the intersections of Highway 36 and Osgood and also at Highway 36 and Oakgreen/Greeley, and; If appropriate funding is provided by Cooperative Agreement Program, the City of Oak Park Heights will complete the project. Passed by the City Council for the City of Oak Park Heights this 14th day of October 2003. By er - the Ot Wouncil 15;;�idBeaudet, Mayor A ST rid . Johnson City Administr t 1 . RESOLUTION NO. 03-10-53 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DETERMINING NEED AND DIRECTING THE CITY ENGINEERS TO PREPARE A REPORT AS TO FEASIBILITY AND LOCATION OF STREET LIGHTING AND TRAIL AND PATHWAY IMPROVEMENTS ALONG NORRELL AVENUE AND KRUEGER LANE WITHIN OAK PARK HEIGHTS WHEREAS, the City of Oak Park Heights has entered into a development contract regarding the Shoppes of Oak Park Heights, LLC, as development of a retail center on a portion of outlot B of Brackey Addition; and, WHEREAS, the development contract anticipates the placement of lighting and trails along the corridor of Norrell Avenue and Krueger Lane in the vicinity of the project; and, WHEREAS, the lighting needs to be coordinated with existing developments of Wal -Mart to the east, Menards to the west and Boutwell's Landing and related Autumn Ridge properties to the south; and, WHEREAS, it is necessary to have the city engineer prepare the preliminary report and estimate as to the feasibility of locating lighting and pathway structures along Norrell Avenue and lighting along Krueger Lane to provide for the public safety; and, WHEREAS, the development contract with the Shoppes of Oak Park Heights, LLC has already provided for the dedication of a pathway /sidewalk along Krueger Lane to serve the project, and further provides for a pathway /sidewalk to be located along Norrell Avenue and entering the project on its east side; and, WHEREAS, the developer has agreed to pay by way of assessment, its costs relative to the location of such facilities; and, WHEREAS, the City Council desires to refer the project in its totality to its consulting engineers, to be referred to as, "Lighting and Pathway Improvements 2004," for purposes of determining feasibility and how or if the project should be best made as proposed; and, WHEREAS, the statute in such case allows that no such improvement shall be made until the Council shall have had public hearings on said improvements, followed by mailed notice and two (2) publications thereof in the official newspaper, stating the time and place of hearing, the general nature of the improvement, the estimated cost therefore in the area proposed to be assessed, and that a reasonable estimate of the total amount be assessed and a description of the methodology used to calculate the individual assessments for affected parcels (the impact of assessments) has been made available at the hearing, all in accordance with law; and, WHEREAS, the Shoppes of Oak Park Heights, LLC has already consented to the imposition of assessments and waived public hearings as to its portion of the assessment in a manner so as is provided under Chapter 429 of the Minnesota Statutes; and, WHEREAS, the possibility exists for assessments to be levied outside of the benefited property, being the Shoppes of Oak Park Heights, LLC, as located within outlot B of Brackey Addition. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: 1. The City shall establish, by separate resolution, a public hearing to be held at a time and place to be set forth in a Notice of Public Hearing. After it is received, the engineer's report is required within this resolution. 2. That the nature of the improvements for lighting and pathways along Krueger Lane and Norrell Avenue, the estimated cost of each major portion thereof, and the areas proposed to be assessed therefore, will be ultimately described in a Notice of Public Hearing to be adopted again by separate resolution of the City Council. 3. That said Notice of Public Hearing shall be in substantially the form required by law and as approved by the office of the City Attorney. 4. That the City consulting engineers, Bonestroo, Rosene, Anderlik and Associates are herewith authorized and directed to study the needs for lighting and pathway improvements along Norrell Avenue and Krueger Lane related to the project known as the Shoppes of Oak Park Heights, LLC, and report back to the City Council for the City of Oak Park Heights the details relative to recommended placements of lighting and placements and location of path and trail ways, and the construction cost to be expected therefore. Said engineers shall also determine whether or not said projects are feasible as may be recommended, and the projected manner in dividing or determining the proportionate sharing of cost relative thereto. Passed by the City Council for th Cit Park Heights this 14th day of October 2003. D Beaudet, Mayor TEST: Eric . Johnson Cit Administrator 2 • RESOLUTION NO. 03 -10 -54 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION REVIEWING TRUNK HIGHWAY 36 RIGHT -OF -WAY UTILITIES AND FRONTAGE ROAD PROPOSED TURNBACK WHEREAS, the City of Oak Park Heights has been continually reviewing proposed transportation plans from the Minnesota Department of Transportation outlining options relative to improvements within Trunk Highway 36; and, WHEREAS, the City passed Resolution 03 -05 -30 on the 13 day of May, 2003 identifying Concept F as advocated by the Department of Transportation with regard to reconstruction of Highway 36; and, WHEREAS, the Minnesota Department of Transportation is aware that the City of • Oak Park Heights has significant utilities located within the existing Highway 36 right -of -way; and, WHEREAS, the Minnesota Department of Transportation has in past years advocated a turnback of frontage roads serving Trunk Highway 36 to the adjoining municipalities as part of any potential construction project; and, WHEREAS, there are significant issues impacting the residents and City of Oak Park Heights relative to both utility relocation and frontage road turnback, which are essentially intermingled with the trunk highway improvement development plans of the Minnesota Department of Transportation; and, WHEREAS, it would be essential to any resolution of the Trunk Highway 36 improvement plans of the Minnesota Department of Transportation to resolve and confirm agreements with regard to paying for the expense of utility relocation within Trunk Highway 36 and agreements relative to the expense and improvement of frontage roads and turnback of them to municipal units; and, WHEREAS, the City Council for the City of Oak Park Heights believes it is important to communicate to the Minnesota Department of Transportation that these issues of utility relocation and trunk highway frontage road turnback must be resolved as part of any plan to reconstruct Trunk Highway 36; and, • WHEREAS, the City of Oak Park Heights has assigned individuals working in committee and in partnership with the Minnesota Department of Transportation to review designs and improvements to Trunk Highway 36; and, • WHEREAS, the relocation of utilities and the turnback of frontage roads will likely place a catastrophic financial burden upon the City of Oak Park Heights if those costs are not borne by the project and additionally provides the potential for significant loss to the City's commercial business tax base; and, WHEREAS, the City of Oak Park Heights currently receives no funding through the Minnesota State Aid Fund, is experiencing significant reductions and impending elimination of local government aids and will probably experience significant reduction of local commercial tax base as a result of this proposed project if it is completed. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: 1. That City Council Resolution 03- 05 -30, as passed by the City Council on the 13 day of May, 2003, a true and correct copy of which is annexed hereto as Exhibit "A ", is herewith reconfirmed. 2. That the City of Oak Park Heights will not be in the position to grant any final authorities or approvals to any plans for reconstruction or relocation of Trunk Highway 36 unless and until commitments relative to utility relocation and/or frontage road turnback and the financial elements and essential components thereof have been fully resolved. • 3. That the City of Oak Park Heights recommends that the Trunk Highway 36 technical advisory committee incorporate these concerns into the refinement discussions regarding Concept F from the Trunk Highway 36 partnership study. 4. The Minnesota Department of Transportation develop, pursue and implement alternative funding strategies in providing financial relief to the City of Oak Park Heights to absorb these anticipated costs and losses which are inevitably part of the Trunk Highway 36 improvement project. Passed by the City Council for the City of Oak Park Heights th' t day of October, 2003. David Beaudet, Mayor A S: A " ric Johnson City A istr or • EXIHBIT "A" S0LUnON NO. 03x -3 CITY OF OA,X PARIXHGHTS WASHINGTON C.OVNTY I INMOTA A RESOLUTION Mjz vyin G CONCEPTS AND OPTIONS AS PRV vurr u wli..mus A TRANSPORTATION,S'TUDXPROVIDED BY THE MFR�XSOTA DEPARTMENT OF TRANSPORTATION wtu K.t+.;AS, the City of Oak Pmk Heights -has beta asked to review a Transportation Study submitted by fhe Minnesota Department of Transportation, ou t.il3ing several options with regard to potential improvements to Think Ffigbway 36; and, wzzai. M, the same has not been submitted to the City for a final layovl approval porocess, pu=mn t to Minn. Stat §161.164; and, w,ttuuaAS, $►e Minnesota Deppartmeat of Transportation bas asked for the City's review and oommentarp with regard to the several options it has Iaid .out in The Transportation may z ff e � g po t w d a l - to highway 3 6; and, VaXEREAS the City has not concluded its final review of the Transportation udy, . . St and maintains reserrva.domis -about timetables, funding s0=Ces, impact uposthe community and, Potential future mapping,, once final selection of options and h4 ovements-is decided; and, 'PVkZtEAS, the. City Council nonetheless wishes to pass • its indications along to the Minnesota. Department of Transportation of its f'eeli age with regard to the concepts provided within the Transportation Study. NOW, TMMOR1; BE IT RESOLVED, fhat the City of Oak Park Heights bas . herewith informed the Minnesota Department of Tsanspourt = that it has, ;in concept, approved Concept F, as contained within the transportation Plan, but,speafican'reserves the right to approve or object to, any final mapping: BE IT r'uxYrxc RESOLVED that the City Council for the City of Oak Palk Heights does not grant final layout approval as to this option, pursuant to Mlan- Stat. §161.164, as it is only the .concept or general detail list of Concept F that is being provided for at this time. Passed by the Caty Causal for Hei ,thts 13th day of May 2003. ] David Beaudet, Mayor ATY'E Eric Johnson, City, Administrator • CITY OF OAK PARK HEIGHTS RESOLUTION 03 -11- 55 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 2004 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 25th day of • November, 2003. i vid B Mayor 1A. or • EXHIBIT A • CITY OF OAK PARK HEIGHTS 2004 LICENSES Off -Sale Liquor Licenses Cellars Wines & Spirits of O.P.H., Inc. dba Cellars Wines & Spirits Timark Inc. dba Millroad Inn 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 Ming Sun Chu - dba Stone Lake Restaurant On -Sale Non - Intoxicating Liquor License Dailey Incorporated - dba Carbones Pizza Ming Sun Chu - dba Stone Lake Restaurant 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 Speedway SuperAmerica LLC - dba - SuperAmerica #4549 Speedway SuperAmerica LLC - dba - SuperAmerica #4453 City of Oak Park Heights 2003 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 #186 Tobacco Licenses Cellars Wines & Spirits of O.P.H., Inc. - dba Cellars Wines & Spirits 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 • Bingo Licenses Stillwater Eagles Aerie 94 dba Stillwater Eagles VFW 323 dba Greeder -Hinds Comfort Post RESOLUTION NO. 03-11-56 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 TACO JOHN'S /STEAK ESCAPE AND KFC /A & W FOR REZONING, PRELIMINARY /FINAL PLAT, CONDITIONAL USE PERMITS, PUD APPROVALS, AND SITE AND BUILDING PLAN APPROVAL LOCATED EAST OF MINNESOTA HIGHWAY 5 ON NEAL AVENUE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Taco John's /Steak Escape and KFC /A & W for the following: 1. Rezoning from Open Space Conservation (0) to General Business (B -2) with a PUD Overlay District. 2. Preliminary /final plat of "Oak Park Marketplace" for the 1.98 -acre property for a two -lot • commercial subdivision. 3. Conditional Use Permit (CUP) for two fast food restaurant buildings with drive- through windows 4. CUP to allow a reduced parking requirement. 5. CUP to allow curb cuts greater than 24 feet in width. 6. General concept and general plan of development Planned Unit Development (PUD) approvals. 7. Site and Building Plan approval for property located east of Minnesota Highway 5 on Neal Avenue and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application be approved with conditions. The City Council makes the following findings of fact and resolution: 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 subject site is proposed to be zoned B -2, General Business District with a PUD Overlay District. The Comprehensive Plan designates this area for commercial use; and 4. A preliminary plat of Oak Park Marketplace for a two lot commercial subdivision has been submitted for review; and 5. City staff prepared a planning report dated November 7, 2003 reviewing the request; and 6. Said report recommended approval of the requests subject to various conditions; and 7. The Planning Commission held a public hearing at their November 13, 2003 meeting, took comments from the applicants and public, and continued the public hearing and discussion to a special meeting on November 18, 2003; and 8. The Planning Commission continued the public hearing and discussion at their November 18, 2003 meeting, closed the public hearing, and recommended 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 Taco John's /Steak Escape and KFC /A & W for the following: 1. Rezoning from Open Space Conservation (0) to General Business (B -2) with a PUD Overlay District. 2. Preliminary /final plat of "Oak Park Marketplace" for the 1.98 -acre property for a two -lot commercial subdivision. 3. Conditional Use Permit (CUP) for two fast food restaurant buildings with drive - through windows 4. CUP to allow a reduced parking requirement. 5. CUP to allow curb cuts greater than 24 feet in width. 6. General concept and general plan of development Planned Unit Development (PUD) approvals. 7. Site and Building Plan approval for property located east of Minnesota Highway 5 on Neal Avenue and affecting the real property as follows: • 2 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 developer must put in place parking and access easements between the two lots. 2. The developer shall contact MnDOT regarding expansion of the parking lot into the easement area as proof of parking. If one or both restaurants are converted to eating establishments with table service, or if the site layout changes, a PUD amendment will be required. 3. The delivery of goods shall not take place during peak business hours, subject to City staff review and approval. 4. On the north lot, access to the site and drive through area may be problematic from a traffic management concern as expressed by the City Engineer. The PUD and CUP permit issued in this matter shall expressly retain a right of review to the City and allow the City to require the developer to make modifications to the site access and traffic circulation patterns should traffic use of or to the site create a public safety concern or problem in the opinion of the Chief of Police. 5. All access and site visibility recommendations of the City Engineer should be incorporated onto the final site plan. 6. The Planning Commission recommends the following design/building material revisions to the buildings subject to City staff review and approval. The applicant shall provide revised building elevations prior to City Council review of the project. a. KFC /A &W: (1) The checkerboard facade of the A & W portion of the building shall be consistent with the elevation plans and building materials samples recommended by the Planning Commission. (2) The parapet, window awnings, and tower roof materials shall be a muted red color as consistent with the building materials samples recommended by the Planning Commission. (3) The building shall not include any blue banding or neon accents. (4) The base material shall be brick, consistent with the building material sample recommended by the Planning Commission. The brick shall extend from the ground level to the top of the window and door frames. • 3 (5) The KFC tower element shall incorporate a sand pebble color EFIS extending from the ground level to the roof. (6) The A & W and KFC signs shall not be internally lit. The signs may be lit from a wall mounted, City approved light fixture. (7) The revised plans, as presented to the Planning Commission, at their November 18, 2003 meeting shall be subject to review and approval of the City Planner. b. Taco John's / Steak Escape: (1) The revised plans, as presented to the Planning Commission at their November 18, 2003 meeting, shall be subject to review and approval of the City Planner. 7. Revised sign plans and details must be submitted that are in conformance with Section 401.15.G of the Zoning Ordinance. These plans and details are subject to City review and approval. Requirements relate to area, height, number, type, illumination, landscaping, and location. 8. The submitted landscape plan is subject to City Arborist review and approval. • 9. The lighting must be revised and a photometric plan must be submitted that complies with Section 401.15.B.7.d. Light standards may not exceed 25 feet from the parking lot surface to the top of the light fixture. All lights, including security lights, must be a hooded or full cut -off design. 10. The color and materials of the proposed trash enclosures shall match the principal building. Revised details must be submitted for City review and approval. 11. 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. 12. Paving, curbing, and other site improvements proposed within the drainage and utility easement may be allowed at the developer's risk and subject to review and approval of the City Engineer. 13. Sound levels from ordering and announcement equipment shall be in compliance with Section 401.15.B.11 of the City Zoning Ordinance. 14. A development contract shall be negotiated between the applicant and the City Attorney. • 4 • Approved by the City Council of the City of Oak Park Heights this 25 day of November 2003. _ _ C David Beaudet, Mayor ATTEST: � l E 'c . Johnson, it Administrator i r 5 ATTACHMENT A Washington County GEO Code: 06- 029 -20 -11 -0018 Legal Description: Lot 2, Block 1, Brackey West 2 nd Addition • ATTACHMENT B Rezoning, Preliminary/Final Plat, Conditional Use Permits (CUP), Planned Unit Development (PUD) & Site and Building Plan Approval OAK PARK MARKETPLACE, KFC /A &W - 5920 Neal Ave. N. Taco Johns /Steak Escape — 5910 Neal 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 (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: October 29, 2003 Required Approvals: CUP PUD City Council 4/5 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) PUD: — Limitation on Final Plan Approval: Within one year after the approval of a Final Plan or PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinances, and other ordinances, applicable in the district in which it is located. In such cases, the Council shall forthwith adopt an ordinance repealing the PUD permit and all PUD approvals and re- establishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this paragraph may, at the discretion of the Council, be extended for not more than one year by ordinance or resolution duly adopted. (401.06.E.5) • RESOLUTION 03 -12 -57 RESOLUTION CHANGING THE CITY'S MILEAGE REIMBURSEMENT POLICY WHEREAS, the City mileage reimbursement policy was $0.36 per mile in 2003; and, WHEREAS, Treasury regulations require that mileage reimbursement over $0.37.5 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 $0.37.5 per mile as of January 1, 2004 in accordance with Federal Treasury requirements. Passed by the City Council for the City of Oak Park Heights on this 9th day of December, • 2003. CIT EIG S Da e /Eri Mayor h nso in' ra • 4 . t i t • RESOLUTION NO. 03-12-58 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, 2004 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 1. Sanitary sewer connection charge, $2,815.00 per acre. 2. Municipal water connection charge, $4,900.00 per acre. 3. Storm sewer connection charge, $6,205.00 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 $11,360.00 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 H ' is this 9th day December, 2003. • Davi eaudet, Mayor EST: Eric Johnson City I ' or • RESOLUTION 03 -12 -59 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2004 GENERAL FUND LEVY WHEREAS, the City Staff has prepared and submitted to the City Council the proposed general fund levy for calendar year 2004; 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: 1. That the City Administrator is hereby authorized and directed to certify to the Washington County Tax Accounting Department the General Fund levy for the City of Oak Park Heights for calendar year 2004 in the amount of $1,992,690.00. 2. That the City Administrator is also authorized and directed to certify to the County Tax Accounting Department the Bonded Indebtedness levy for General Obligation Refunding Bonds of 2001 in the amount of $61,380.00 to be collected in calendar year 2004. Passed by the City Council for the City of Oak Park hts this 9th da December 2003. vid Beau et, ayor Aft Eric A. Johnso Administrat RESOLUTION 03 -12 -60 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2004 BUDGET WHEREAS, the City Staff has prepared and submitted to the City Council the proposed budget for calendar year 2004; 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 2003 budget is hereby approved as presented by the City Finance Director in the total General Fund amount of $2,455,150.00. Passed by the City Council for the City of Oak Park Heights this 9th day of December 2003. VBU - det, Mayor A ric A. Jtr Adminis City of Oak Park Heights • Resolution 03 -12 -61 A Resolution of Support for Xcel Energy's Metro Emissions Reduction Project and the City's Continued Ability To Receive the Real and Personal Property Taxes from such Project Renovations. Whereas Xcel Energy is proposing renovations for the Allen S. King Plant that would add new emission control equipment and rehabilitate existing electric generation equipment to return the Oak Park Heights plant to its original design capacity; and, Whereas the proposed air quality control system includes selective catalytic reduction for nitrogen oxide (NOx) control, flue gas scrubbers for control of sulfur dioxide (SOx ) emissions, and fabric filters for control of particulate matter; and, Whereas, the renovation also includes general upgrades such as steam turbine replacement, steam generator repairs and modifications, boiler replacement, circulating water system modifications, coal handling upgrades, auxiliary electric system upgrades, and other equipment rehabilitation to extend the life of the Plant; and, Whereas, the Allen S. King Plant does not operate at its full capacity so as to ensure increased and maintained reliability and to protect system security; and, • Whereas, the Allen S. King Plant's boiler is one of few boilers in the nation of its type and vintage that has not been rehabilitated in recent years, and the plant's eastern Minnesota location supports stability of the regional transmission system; and, Whereas the City of Oak Park Heights provides public services to the Allen S. King Plant, owned by Xcel Energy, a "for- profit" entity; and, Whereas the City of Oak Park Heights relies on the Real and Personal Property Taxes generated from the Allen S. King Plant. Now therefore be it resolved by the City Council of the City of Oak Park Heights that the City does support the continued efforts of Xcel Energy to reduce pollution and improve energy efficiencies. Be it further resolved, that the upgrades that are not directly related to Pollution Abatement as defined by Minnesota Statutes Section 272.02 should continue to be subject to the Real and Personal Property Tax; including the replacement of the following: the steam turbine, boiler, steam generator repairs and modifications, circulating water system modifications, coal handling upgrades, auxiliary electric system upgrades, and other equipment renovation that would have been required extend the life of the Plant even if Xcel Energy, a "for- profit" entity did not make other environmental upgrades. is Be it further resolved, that the boiler and turbine replacement will allow the Allen S. King Plant . to operate at its designed capacity. Passed by the City Council for the City of Oak Park Heights this 9 day of December 2003. l &BLuet, est: ric John n, ity Administrator • RESOLUTION NO. 03-12-62 AMOCO SITE AND MAIN DEALERSHIP 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 JACOB HOLDINGS OF STILLWATER LLC AND ERICKSON POST ACQUISITION INC. FOR A CONDITIONAL USE PERMIT TO ALLOW USE OF THE FORMER AMOCO SITE AT 14738 60 STREET NORTH AS A CONVERSION VAN CENTER SALES LOT BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Jacob Holdings of Stillwater LLC and Erickson Post Acquisition Inc. for a conditional use permit to allow use of the former Amoco site at 14738 60 Street North as a conversion van center sales lot; and after having conducted a public hearing relative thereto, the Planning Commission of • Oak Park Heights recommended that the conditional use permit 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 open and outdoor sale of motorized vehicles is a listed conditional use; and 4. The City will require the former Amoco station property at 14738 60 Street to be combined with the Denny Hecker dealership at 14702 60 Street North; and 5. City staff prepared a planning report dated October 2, 2003 reviewing the request for the conditional use permit; and • 6. Said 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 October 9, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the conditional use permit 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 Jacob Holdings of Stillwater LLC and Erickson Post Acquisition Inc. for a conditional use permit to allow use of the former Amoco site at 14738 60 Street North as a conversion van center sales lot 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 finds that the project is consistent with the conditional use permit criteria found in Section 401.30.E of the Zoning Ordinance. 2. The subject property at 14738 60 Street North be combined with the main dealership property at 14702 60 Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall be completed within 30 days following the City Council approval of the conditional use permit. 3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street North. 4. No signage shall be allowed on the subject property at 14738 60 Street North. The existing signage on the canopy shall be removed within 30 days following City Council approval of the conditional use permit. 5. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area setback, parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than June 15, 2004. 6. The grading and drainage plan shall be subject to review and approval of the City Engineer. 7. The applicant shall keep open the driveway access to Osgood Avenue and the Highway 36 frontage road. 2 • 8. A landscape plan shall be submitted by the applicant, subject to review and approval of the City Arborist. 9. The applicant shall submit a revised lighting photometric plan with all site lighting subject to review and approval by the City. 10. Light shields shall be installed on the under canopy lights by January 15, 2004. 11. The applicant is requested, but not required, to replace the exterior broadcast paging system with hand held paging systems. Upon replacement of the external paging system, a hand held paging system shall be implemented at the main dealership property at 14702 60 Street North and the subject property at 14738 60 Street North. 12. The site plan shall designate, and the applicant shall supply, a total of four off - street parking stalls for employees and customers, at least one of which must be disability accessible on the subject property at 14738 60 Street North. 13. The building shall be inspected by the Building Official to determine if a building permit is necessary for the completed improvements. 14. Written documentation of closure is provided by the MPCA related to the contamination issues at 14738 60 Street North. 15. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed at night to a level that is acceptable to the City. 16. Forty -seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be dedicated for service at the main dealership property at 14702 60 Street North. Four parking stalls shall be dedicated for customer parking at the subject site at 14738 60 Street North. One vehicle shall be allowed per designated parking stall throughout the lot. 17. The applicant shall submit a revised site plan for the main dealership property at 14702 60 Street North indicating at 10 foot driveway and parking setback with parking areas, vehicle display areas, and access drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than October 15, 2008. 18. All signage at the main dealership property at 14702 60 Street North shall be brought into conformance with the City's Sign Ordinance found in Section 401.15.G of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. 19. All lighting, including fixtures and photometrics, at the main dealership property at 14702 60th Street North, shall be brought into conformance with the City's lighting • 3 • requirements found in Section 401.15.B.7 of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. Approved by the City Council of the City of Oak eights this 9 day of De er 2003. Da ' Beaudet, ayor I A ES � � C /F,rlc. Johnson, t Administrator 4 ATTACHMENT A Washington County GEO Code: 33- 030 -20-43 -0057 Legal Description: PART OF BLOCKS 5 & 8 AND ALL THAT PT OF VAC WILLIAM ST ADJ TO SD BLKS -COM AT INTERS OF C/L OF VAC MYRON ST WITH WLY... • ATTACHMENT B :e Conditional Use Permit Jacob Holdings of Stillwater LLC & Ericskon Post Acquisition Inc. For Use of Former Amoco Site As a Conversion Van Center 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 (3507150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Site Review Meeting: September 23, 2003 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 03 -12 -63 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD WHEREAS, the Oak Park Heights Police Department desired to protect the health of its citizens by improving traffic safety and participating in the Safe & Sober Challenge; and WHEREAS, under the provision of the Highway Safety Act (P.L. 89 -563), the Minnesota Department of Public Safety has federal funding to promote traffic safety; and WHEREAS, the Minnesota Department of Public Safety had judged the Oak Park Heights Police Department's efforts to decrease impaired driving and increase seat belt use to be exceptional, and wants to reward those efforts by providing additional funding for the department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS that the Oak Park Heights Police Department enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from December 1, 2003 to June 30, 2004. The Police Chief of Oak Park Heights is hereby authorized to execute such agreements as necessary to implement the project on behalf of the Oak Park Heights Police Department. Be it further resolved that the Police Chief of Oak Park Heights is hereby authorized to be the fiscal agent and administer the grant on behalf of the Oak Park Heights Police Department. Passed by the City Council of Oak Park Heights this 30th day of December, 2003. avid Beaudet ATTE T: Mayor ric A. J on City A i strator • RESOLUTION NO. 03-12- 64 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACKNOWLEDGING THE COST OF LIVING INCREASE NEGOTIATED UNDER THE EMPLOYMENT CONTRACT WITH ERIC JOHNSON, AND IMPLEMENTING A COST OF LIVING INCREASE EFFECTIVE JANUARY 1, 2004 WHEREAS, the City of Oak Park Heights, in its employment contract with City Administrator Eric Johnson has provided for a cost of living increase of 3.25 %, effective January 1, 2004; and, WHEREAS, the City Council needs to implement that increase with a directive to the office of the Finance Director of the City of Oak Park Heights for calendar year 2004. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights, that the Finance Department of the City of Oak Park Heights is authorized and • directed to implement a 3.25% cost of living increase for the City Administrator, effective January 2004, pursuant to the contract between the City Administrator the Oi of Oak Park Hei Dated this 30 day of December 2003 David Beaudet, Mayor ATTEST: Judy Holst Deputy Clerk/Finance Director • RESOLUTION NO. 03-12- 65 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF MARK WEYER AS COMMISSIONER TO THE OAK PARK HEIGHTS PARKS COMMISSION WHEREAS, Mark Weyer has served as a Parks Commissioner for the City of Oak Park Heights from December 2000 through July, 2003; 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; and WHEREAS, Mark Weyer's contribution of time, effort and dedication to the Parks Commission for the City of Oak Park Heights have been sincerely appreciated. • NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights commends and thanks Mark Weyer for his contributions and efforts in the betterment of the parks within the City of Oak Park Heights. Passed by the City Council for the City of Oak Par i t 3 of Decembe 2003. _ _ _i David Beau dErnic s n City A ini ator RESOLUTION NO. 03-12- 66 Ask RESOLUTION NO. 03-12- 66 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF JANEL BELZ AS COMMISSIONER TO THE OAK PARK HEIGHTS PARKS COMMISSION WHEREAS, Janel Belz has served as a Parks Commissioner for the City of Oak Park Heights from June, 2002 through December, 2003; 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; and WHEREAS, Janel Belz's contribution of time, effort and dedication to the Parks Commission for the City of Oak Park Heights have been sincerely appreciated. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights commends and thanks Janel Belz for her contributions and efforts in the betterment of the parks within the City of Oak Park Heights. Passed by the City Council for the City of Oak P k 3 f Dece e , 2003. David Beaudet, Mayor /�n o ty m i s -ator • • RESOLUTION 03 -12 -67 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A GIFT FROM A RESIDENT AND DIRECTING THE PURCHASE BY THE POLICE DEPARTMENT OF A AUTOMATED EXTERNAL DEFIBRULATOR Whereas, Oak Park Heights resident Mr. Ernie Dielentheis wishes to donate $2,255.00 to the City of Oak Park Heights for the purpose of purchasing a LIFEPAX 500 - Automated External Defibrulator; and, Whereas, the City of Oak Park Heights is grateful for Mr. Dielentheis's donation and concern for his community. Now therefore be it resolved by the City Council of the City of Oak Park Heights that the City shall accept Mr. Dielentheis's donation of $2,255 and that the Police Department of the City is authorized to expend such funds for the purposes of purchasing a LIFEPAX 500 - Automated External Defibrulator Be it further resolved, that the City of Oak Park Heights authorizes the funding necessary • to pay for sales taxes due from the purchase. Passed by the City Council for the City of Oak Park Heights this.9 day of Decembe 2003. David Beaudet, Mayor Enc J s�n, City Administrator f •