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HomeMy WebLinkAbout04-24-07 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, APRIL 24, 2007 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. 1. Call to Order/Pledge of Allegiance/Approval of Agenda Estimaled 617208 7:05 p.m. H. Departinent/Council Liaison Reports A. Planning; Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Lower St. Croix River Advisory Committee F. Other Liaison/Staff reports 1. Spring Clean-up: April 28, 2007, 7:30 a.m. — 1:00 p.m. 7:10 p.m. HI. Visitors/Public Comment Recycling Award (1) This is an opportunity t'or the public to address the Council with questions or concerns oil issues not part of the regular agenda. (Please limit coininctlts to 3 nnijiutes ill length,) 7:10 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — April 10, 2007 (2) C. Approve Troy .lessers Andersen —T NT Fireworks — License to Sell Consumer Fireworks At Menards.(3) D. Adopt Proclamation — April 24`x; , 2007 as Arbor Day & May 2007 as Arbor Month.(4) E. Accept Park Bench Donation W-- Mr. Mark Walker (5) 7:15 p.m. V. Public Hearings - None Presentation — Review of the 2006 City Financial Report by David Mol of 'I"autges- Redpath, Ltd., Certified Public Accountants. 7:20 p.m. VI. Old Business A. Autumn Hills Park Shelter.(No enclosure at this time — bids due 4123/07) B. STH 36 Frontage Roads Future Discussions with Legislators (6) C. Resolution to Washington County --- Valuation of Xcel Energy Property (enclosure to be provided at meeting) D. 150`x' Anniversary of City of Oak Park Heights. (7) E. Appoint Judy Tetzlaff to Accountant Position (8) Page 1 of 70 7:40 p.m. VII. New Business A. 2006 City of Oak Park Heights Annual Financial Report (9) B. Valley Senior Services Alliance (VSSA) -- General Plan Review/Planned Unit Development for Skilled Care Center Addition (10) C. Variance to Allow 5' Setback for Parking Lot — Swager Park (11) 5:00 p.m. VIZI. 5:30 p.m. IX. Page 2 of 70 D. Support of the Establishment of a `NO -WAKE' zone on St. Croix River abutting Sunnyside Marina and Wastewater Treatment facility. (12) E. Approve Job Descriptions -- April 2007. (13) Closed Session — Meeting with City Attorney Pending Litigation -- DNR Construction. Adjournment. J_ Oak Park Heights Request for Council Action Meeting Date April 24,_2007 Agenda Item Recycling Award Time Required o Agenda Placement Visitors/Public Comment Originating Department/Requestor Administration /Julie Hultman Requester's Signature Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). S:\SI IAREU\]=orms\COUNCII. ACTION REQUESTAx Page 3 of 70 CITY OF OAK PARD HEIGHTS 14168 Oak Park BOUIevard No. • P.O. Box 2007 • Oak Parc Heights, MN 55082.2007 • Phone: 651/439-4439 • Fax: 651/439-0574 April 19, 2007 Michele Jackson 14033 53rd St. N. Oak Park Heights, MN 55082 Dear Michele: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/ or smoke detector(s). Your residence was checked on today, to see if your recycling bin was out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. At your convenience, please contact ane at 351-1661 to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! C�4j�, Julie Hultman Planning & Code Enforcement Officer Page 4 of 70 Tree City U.S.A. Oak Park Heights Request for Council Action Meeting Date April 24, 2007 Time Required: 0 Agenda Item Title: Approve City Council Meeting Minutes — April 10, 2007 Agenda Placement Consent Originating Department/Requestor Administration / Julie Hultman Requester's Signature Action Requested Ap- prove Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Page 5 of 70 CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, MARCH. 27, 2007 CITY COUNCIL MEETING MINUTES Call to Oi-der/fledge of Alle;!iance/Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet, Present: Councilmember's Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, City Attorney Vierling and City Planner Richards. Absent: City Engineer Postler. Mayor Beaudet added items C. "Audit Work Session", D. "Hwy. 36 frontage Road" and E. "Resolution on Property Valuations — Communication Equipment Structures" to New Business. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Agenda as amended. Carried 5 - 0. 11. Department/Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the next scheduled meeting; is April 12, 2007 at 7:30 p.m. and that it would be preceded by a 6:30 p.m, meeting of the Comprehensive flan Update Committee. Richards reviewed the sections of the comprehensive plan that would be discussed and noted that the Planning Commission would be conducting two public hearings as part of their regular agenda; one for a care center expansion at Boutwell's Landing and the other for a 540ot side -yard setback variance for parking improvements at Swager Park. B. Parks Commission: Councilmember McComber reported that the Parks Commission will be meeting Monday, April 16, 2007 and that the regular meeting will be preceded with their annual Spring Park Walk, beginning at Swager Park at 5:00 p.m. C. Cable Commission: Councihnember Doerr reported that the Budget Committee met on April 9, 2007 and that, with receipt of the final payment from the cable company in January, they were able to finalize the projected budget that was approved by the City last fall. He noted that cities would be receiving copies of the final budget for the access center and thecommission. The next meeting; of the Cable Commission will be held April 18, 2007 at the Access Center. D. Water Management Organizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix will be meeting; on April 12, 2007 at 7:00 p.m. at the Water Conservation District office and noted that Administrator, Melissa Lewis was present in the audience and would be describing the duties of the Middle St. Croix Watershed Management Organization to the Council later in the meeting. Page 6 of 70 City Council Meeting Minutes April 10, 2007 Page 2 of 9 17, Lower St. Croix Advisory Committee: Mayor Beaudet reported that there were no meetings currently scheduled. I'. Other Liaison/Staff Reports: "]'here were no additional reports. III. Visitors/Public Comment: There were no visitors to the meeting for public comment. Mayor Beaudct recognized student visitors in the audience. Recycling Award City Administrator Johnson reported thatTim & Lynn Axel of 6440 Ozark Ave., N., were selected to receive the recycling award through a random check of their residence last week. IV. Consent Agenda: A. Approve Bills & Investments B. Approval of City Council Minutes — March 27, 2007 C. Approve Final Payment for Oakgreen Ave. Utility Improvements D. Approve Randall Lee Ilerman, JNT FIREWORKS) License to Sell Consumer Fireworks at Wal-Mart Parking Lot. Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Consent Agenda, less item B. Roll call vote taken. Carried 5 — 0. Mayor Beaudct, seconded by Councilmember Swenson, moved to approve the March 27, 2007 Minutes as amended, correcting typographical errors. Carried 5 — 0. V. Public Hearings: None. Presentation: A Presentation by Middle St. Croix Watershed Management Organization (MSCWMO)Administrator, Melissa Lewis Re Cardin r MSCWMO Background and Required Water Managernent Plans Melissa Lewis introduced herself as Administrator for the Middle St. Croix WMO and as an employee of the Washington County Soil & Conservation District. She noted that the Middle St. Croix WMO office is located in the Valley Ridge Mall and that their website is www,mscwmo.org. Administrator Lewis stated that the Middle St. Croix WMO is somewhat different than that of other watershed organizations in that there is a member of each community that is a participant in the organization. She noted that she has been meeting with all ten member communities to review the role the Middle St. Croix WMO and to discuss the goals and policies of the watershed management plan and regulatory framework. Page 7 of 70 City Council Meeting Minutes April 10, 2007 Page 3 of 9 Lewis reported that in preparation of the Middle St. Croix WMO Watershed Management flan they reviewed all member communities ordinances and regulations as well as some of the adjoining watershed to identify critical areas of focus which are erosion control, stormwater management, and wetland management, adding that Oak Park heights was one of the cities that had ordinances governing all of those issues. She noted that from their review of the existing ordinances and regulations, the Middle St. Croix WMO developed performance polices to meet erosion control, stormwater management, and wetland managerr►ent requirements and discussed with the Council in some detail the performance standards, noting that the MSCWMO is currently in the process of adopting a Minnesota Stormwater Manual for Design Standards. Lewis continued her presentation with a discussion of the steps toward implementation through a joint powers agreement, local water management plans, WMO administration, and Washington County water governance. It was noted that the City of Oak Park Heights has three different watershed management organizations within its district and also that as part of the implementation there is a resource available to demonstrate how things can be done and provide information. `fhe presentation was concluded with a brief review of the 2007 MSCWMO Budget and Community Contributions. The City Council thanked Administrator Lewis for her interesting presentation of the information. VI. Old Business A. Police Department Staffing — Chief of Police Position Mayor Beaudet stated that the committee established by the City Council at their March 27, 2007 meeting had an opportunity to meet to discuss the process for staffing the Chief of Police Position upon current Police Chief Swanson's retirement. Beaudet described the process that the committee proposes to be followed for the selection of a new Police Chief which would consist of a written test, a leadership test, a candidate interview, follow up testing, if required, and a recommendation to the City Council. I3eaudct noted that the committee felt that having the entire City Council participating in the interview process to be somewhat unwieldy and suggested a five member selection committee consisting of himself, retired Stillwater Police Chief Larry Dauffenbach, City Attorney Vierling, City Administrator Johnson and one additional member of the City Council, Page 8 of 70 City Council Meeting Minutes April 10, 2007 Page 4 of 9 Mayor Beaudet, seconded by Councilmeniber Swenson, Moved to appoint the selection committee consisting of himself, retired Stillwater Police Chief, Larry Dauffenbach, City Attorney Vierling, City Administrator Johnson to recommend to the City Council the new Chief of Police and to appoint Councilmen-iber McComber as the additional City Council member to the selection committee. Carried 5 — 0. Beaudet noted that the process did have some financial implications and moved to approve up to 48,000 from the general fund reserve be allocated to cover all costs related to the hiring of a new Chief of Police, seconded by Councilmember Swenson. Carried 5 -- 0. Lastly Beaudet indicated that the committee felt the temporary position of Assistant Police Chief could be created with the position expiring at the time of appointment to Chief of Police, adding; that he believed the committee could likely return to the City Council with a hiring recommendation at their last meeting in May. Discussion ensued. Couneilmember Swenson suggested that a work session could be held prior to a recommendation being brought to the City Council and that the work session could potentially be scheduled just preceding the regularly scheduled City Council meeting, wherein the hire recommendation would be an item upon the meeting agenda. Additional discussion ensued as to wage structuring for the temporary position, labor agreement requirements, City Administrator Johnson placing; scheduling of a work session on the first May meeting Agenda and his creating an outline of job duties for the temporary position of Assistant Chief of Police, and finance Director I-Iolst looking at budgetary issues related to any wage matters for the same. B. City of Oak Park Heights history — 150 years Councilinember McComber provided an update to the Council on potential ideas for a 3 -day celebration and suggested the possibility of having the celebration August 17.19 and in lieu of the Party in the Park event. McComber reviewed an example of an event schedule, discussing the potential event ideas, noting that the ideas were generated in an attempt to involve as many age groups as possible. She pointed out that the event ideas presented, are only ideas and that many of them need further investigation as to their viability. McCon-iber asked the Council for their thoughts. Page 9 of 70 City Council Meeting Minutes April 10, 2007 Page 5 of 9 Discussion ensued as to the proposed event dates and the number of days being considered, the schedule of potential events, costs associated with the celebration event and insurance requirements, having the Parks Commission provide comment on the event, manpower to organize and run the event, time framing of event planning and follow through, whether or not to have the celebration event in place of the annual Party in the Park or to potentially have the annual Party in the Park as well and possibly in conjunction with National Night Out, grant fund possibility relative to an event tuned to National Night Out, and locations for the event activities such as a band, auto show and pancake breakfast. It was noted that an antique car show, representative of the time period would be nice, and suggested that the celebration could be an event at the Party in the Park, with the Council dressing in period costume and assisting with food service and such. McComber pointed out that all the ideas are just ideas and encouraged anyone interested in planning and helping with the celebration event or who had old older pictures that could be scanned to contact her. McComber also informed the Council that she had been able to gain access to the original 1800's plat and a 1939 aerial photograph of the Oak Park Heights and was having them copied for display. Mayor Beaudet, seconded by Councilmember McComber, moved that the 150 year celebration event be a one -day event to be held either at the former St. Croix Mall and Swager Park or at the former St. Croix Mall and Brekke Park; that a firework display be investigated as well as a band venue appropriate for the 13 to 19 year old age group; and that McComber report back on comments received from the Parks Commission, Carried 5 --0- Mayor -0. Mayor Beaudet suggested that consideration of whether or not to have the annual Party in the Park decision be delayed so that staff could investigate the possibility of grant funds available and if so, whether or not the grant criteria requires that the event be in conjunction with National Night out, which is generally the last week of August. C. Autumn Hills Park Shelter Update Mayor Beaudet directed that this matter would be discussed following the Closed Session portion of the Agenda. Page 10 of 70 City Council Meeting Minutes April 10, 2007 Page 6 of 9 V11. New Business. A. Administrative Secretarv/Deputy Clerk Position -W- Approve. Hirin() of Jennifer Thoen City Administrator Johnson informed the Council that approximately 60 applications were received for the position of Administrative Secretary/Deputy Clerk. The sub -committee, appointed by the City Council, reviewed the applications and selected eight applicants to participate in skills testing and ultimately interviewed six applicants. Johnson pointed out that all six individuals interviewed were solid candidates and after much consideration and follow up with previous employers and having a background check completed, the committee recommends hiring Jennifer Thoen for the position with a starting pay of $36,756, which follows the Al SCME Public Works and Police Communications Operator wage range. Councilmember Abrahamson, seconded by Councilmember McComber, moved to appoint Jennifer Thoen to the position of Administrative Secretary/Deputy Clerk with a starting wage of $36,756, subject to final review and/or verification of City Administrator Johnson. Carried 5 — 0. B. Wal-Mart Stores, Inc. — Request for New Off -Sale Liquor License Councilmember Swenson, seconded by Councilmember McComber, moved to approve the request of Wal-Mart Stores, Inc. for a new off -sale liquor license at Wal-Mart Supercenter #1861, effective May 1, 2007, subject to approval of the State of Minnesota, Department of Safety, I.,iquor Control Division. Carried 5 — 0. C. Audit Work Session Mayor Beaudet noted that staff recommended scheduling a work session one hour prior to the April 24, 2007 City Council meeting for the purpose of reviewing the 2006 audit report and that the Auditor would follow with a report during the regular City Council meeting. Councilmember Swenson, seconded by Councilmember Doerr, moved to schedule a work session at 6:00 p.m. on April 24, 2007 for the purpose of reviewing the 2006 audit report. Carried 5 0. Page 11 of 70 City Council Meeting Minutes April 10, 2007 Page 7 oft) D. Hwy. 36 Frontage Road Councilmember Doerr expressed his concern about the condition of the frontage road along Hwy. 36 in Oak Park I]eights; stating that he felt it wasn't so much the nutter of the road having deteriorated, but that its condition has become a safety issue. He suggested that the City address the matter with the Minnesota Department of Transportation. Councilmember Doerr, seconded by Councilmember McComber, moved to direct City Administrator Johnson to work with City Attorney Vierling in preparing a very strongly worded letter to the Lieutenant Governor - regarding the roadway condition and the need for its repair. Councilmember McComber stated that she had recently called the Minnesota Department of Transportation Maintenance Manager and requested the potholes be fixed. Discussion ensued as to the roadway condition, photo documenting the roadway condition, what kind of leverage the City may have to facilitate action and it was suggested that City .administration Johnson also copy the Minnesota Department of Transportation Maintenance Manager, with the letter to the Lieutenant Governor, or email him a separate communication on a weekly basis to consistently remind them of the need for repair. There being no further- discussion on Councilman Doerr's motion, which was seconded by Councilmember McComber, Mayor Beaudet asked for a vote on the motion. Motion Carried 5 0. Mayor Beaudet noted that Hwy. 36 through North St. Paul would be closed as of May 1, 2007 for roadwork and discussed the budgetary related events that resulted in the timing of a great deal of road work commencing in the metro area this Summer. Beaudet also provided the telephone numbers to contact the Lieutenant Governor for those who wished to give her a call regarding the frontage roadway condition or other transportation matters. I. Resolution on..Property Valuations Communication Equipment Structures Mayor Beaudet reported that the City had its Board of Appeal and Equalization meeting and that presently the Washington County Board has not directed the County Appraisers to appraise the structures that house communication equipment, thus they are not subject to property taxes on the structure. He stated that he would like the City to prepare and direct a resolution to the Washington County Board, asking them to bring these types of properties onto the tax roll. Beaudet clarified that he was referring only to the structures that house the equipment and not the equipment itself. Page 12 of 70 City Council Meeting Minutes April 10, 2007 Page 8 of 9 Discussion ensued as to other municipal matters that could be addressed along with a resolution such as Mayor Beaudet proposed and stated that he felt he could work with City Administrator Johnson to prepare a resolution addressing the issues appropriately. Mayor Beaudet, seconded by Councilmember Swenson, moved to direct staff to work with City Attorney Vierling in preparing a resolution regarding bringing the communication equipment structures onto the tax roll and other municipal matters as deerned appropriate by the City Attorney. Carried 5 — 0. VIII. Closed Session: Mayor Beaudet announced that at this point in the meeting, they would recess to a closed session at the advice of the City Attorney to discuss an item of pending litigation with DNR Construction. City Attorney Vierling stated that, per Minnesota Statue 13 and the appropriate provisions of Minnesota law, the office of the City Attorney has recommended that the City Council meet in closed session to review matters of pending litigation affecting the City of Oak Park Heights versus DNR Construction regarding Autumn Hills Park Shelter and recommended that the City Council move to recess to closed session for that purpose. Councilmember Doerr, seconded by Councilmember Abrahamson, moved to recess to closed session to discuss matters of pending litigation affecting the City of Oak Park Heights versus DNR Construction regarding Autumn Nills Park Shelter. Carried 5 — 0. Mayor Beaudet reconvened the regular City Council meeting, with City Attorney Vierling stating for the record, that the City Council met in closed session with the City Attorney and that those present at the meeting included himself, Mayor David Beaudet, Councilpersons Mary McComber, Les Abrahamson, Jack Doerr and Mark Swenson, and City Administrator Johnson. City Attorney Vierling stated that in the closed session, those in attendance reviewed the current status and circumstances relative to the default of the construction contract to the Autumn Hills Park Shelter by DNR Construction and received the commentary and advice of legal counsel and took no direct action within the context of the closed session but reviewed their action prior to returning to the open session of the City Council meeting. Page 13 of 70 City Council Meeting Minutes April 10, 2007 Page 9 of 9 At the matter of Old Business, item C "Autumn I fills Park Shelter Update," Mayor Beaudet moved discussion to follow the closed session. Mayor Beaudet, seconded by Councilmember Doerr, moved to direct City Administrator Johnson to prepare plans and specifications to complete the construction of Autumn Hills Park Shelter and put them out for bid, with bids due prior to April 24, 2007. Carried 5 — 0. Mayor Beaudet, seconded by Councilmember Swenson, moved to allow City Administrator Johnson and City Attorney Vierling to enter into negotiations relative to the current Autumn Hills Park Shelter contract. Carried 5 — 0. City Administrator Johnson clarified whether the City Council wished to have final negotiations brought back to them or if he and City Attorney Vierling should execute them without Council review. City Attorney Vierling indicated that he thought they should be able to bring them back before the Council at their April 24'x' meeting. IX. Adjournment. Councilmember McComber, seconded by Councilmember Doerr, moved to adjourn the meeting. Carried 5 — 0. Kespectfully submitted, Julie Hultman Planning & Code Enforcen-ient Officer Page 14 of 70 Approved as to Content and Form, David Beaudet Mayor �p E N G-J R E Oak Park Heights° Request for Council, Action Meeting Date April 24, 2007 Agenda Item Title Approve Troy Jessers Anderson, TNT Fireworks „License to Sell Consumer Fireworks at Menard's Agenda Placement Consent Originating Department/Requestor Finance -Judy Holst, Deputy Clerk/Finance Director Requester's Signature Action Requested Approve Troy Jessers Anderson TNT Fireworks License to sell consumer fireworks inside the Menard's store #3129 Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). A license application to sell consumer fireworks inside the Menard's store, 5800 Krueger Lane N. has been received from Troy Jessers Anderson dba TNT Fireworks for the period from May 14, 2007 through July 9, 2007. Along with the application a list of the fireworks that will be sold and a plan of where the fireworks will be displayed and stored was submitted. The fee has been paid. The license has been reviewed by the Police Department. 1 recommend approval of the license. Page 15 of 70 Page 16 of 70 ip Oak Park Heights ENCtosukE 4 Request for Council Action Meeting Date April 2&h, 2007 Time Required: 1 minute Agenda Item Title: Adopt Proclamation — Apri124!h , 2007 as Arbor Day & May 2007 as Arbor Month. Agenda Placement Consent Agenda Originating Department/Requestor Mayor Beaudet / Kathy Widin, Arborist Requester's Signature Action Requested Adopt Proclamation Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): As part of the City's continuing commitment to maintain its status as a TREE CITY USA, the City must adopt the enclosed Proclamation. Page 17 of 70 CITY OF OAK PARK HEIGHTS PROCLAMATION WHEREAS: Minnesota is home to many of our nation's natural resources, foremost among them are our beautiful and abundant forests; and WHEREAS: Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying the air, conserving soil, water and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and creating beautiful landscapes to make our communities more livable; and WHEREAS: Human activities such as construction damage, pollution and neglect, as well as climatic extremes, disease and insects threaten our trees, creating the need for concerted action to ensure the future of community and rural forests in our state and throughout the country; and WHEREAS: Each individual can act locally to improve the environment by planting trees and ensuring that these trees are protected and receive proper maintenance in the years ahead; and WHEREAS: Each year on the last Friday in the month of April and throughout the month of May, the people of Minnesota pay special tribute to the vital natural resource that our trees represent and dedicate themselves to the continued vitality of our state's community and rural forests; NOW, THEREFORE l David Beaudet, Mayor of the City of Oak Park Heights, do hereby proclaim April 27, 2007 to be ARBOR DAY and the month of May, 2007 to be ARBOR MONTH in Oak Park Heights, Minnesota. Signed this 24th clay of April, 2007 David Beaudet, Mayor Tree City U.S.A. Page 18 of 70 0 Oak Park Heights Request for Council Action Meeting Date April 2491 2007 Time Required: t Minute Agenda Item Title. Accu Agenda Placement Cons Originating Department/] Requester's Signature Action Requested Background/Justification public bodies have advisee F_NCA_,0,,St)RF indicate if any previous action has been taken or if other Mr. Mark Walker of ggg W. Aspen At., Stillwater, MN would like to donate a park bench to the City of Oak Park Heights to be placed in Valley View Park adjacent to the horseshoe pit area. This donation would be in memory of Earl Viehuber. Mr. Viehuber was a long-time park attendant for the City. The Park Commission has reviewed the request and has recommended to the City Council that this request be approved. At this time, the amount or value of the donation is estimated to be $5oo.00 but until such time as a particular bench, placement and surface are all finally determined this figure may change. At this time Y would request that the City approve and accept the donation and authorize the City to work with Mr. Walker to best locate and install this bench. The proposed language for the plaque or other written tribute will likely be, "In Remembrance of Earl Viehuber, Wonderful Husband, father and Grandfather" Page 19 of 70 City of Oak Park Heights Parks & Recreation - Donations APPLICATION Donor Name: M ha i, W 14 _LK E 11� Donor Address: , A95 scam ` STEL(_WA-Tr,_/L, m Telephone No.: {o5 t - 7 9_/Q (4 E-mail Address: ire -l'— \ C C a ) . q e - Description of Donation: C A -s �k ! Fv n p 5 -� Pow v ii - PLEASE ATTACH PHOTOS, DIAL S, ETC i �f�C� �CriGh in Vt"ew c �J at i -c G l F'I t di t 1k ro osed Location_90of D PLEASE ATTACH PHOTOS, DIAGRAMS, ETC �� ��r �/ RclAG`�?4:t/ �����LZ�d'd� �Z Cit> �— Memorial/Acknowledgment Plaque & Style, if proposed: PLEASE ATTACH PHOTOS, DIAGRAMS, ETC Also Pla.cL PF ys e- e --a tA- co pri g4,(a� s�r-e�V Donor Signature:/,• , Date: BY SIGNING THIS AP LI ATION YOU CONSENT TO THE TERMS AND CONDITIONS SET -FORTH IN TIIE CITY S POLICY, G UIDLINES AND PROCESS FOR PARK AND Pag ON DONATIONS. 01 MckosmE 6 Oak Park Heights Request for Council Action Meeting Date —April 24 th, zoo Time Required: 5 Minutes Agenda Item Title: STH . -16. Frontage Roads — Future Discussions.w./ Legislators Agenda Placement Old Business Originating Department/Requestor Councilmember McComber Requester's Signature Action Requested Discussion Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Discuss STH 36 Frontage roads and possible assistance from State Legislators. Page 21 of 70 Page 22 of 70 0.NGL-os i Oak Park Heights Request for Council Action Meeting Date Aril 24!h, 200 Time Required: 5 Minutes Agenda Item Title: 150th Anniversary of Qijy of Oak Park Heights Agenda Placement Old Business Originating Department/Requester Councilmember McComber Requester's Signature Action Requested Continued Discussion Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Page 23 of 70 Page 24 of 70 rs ENfAX ,3UR { Oak Park Heights Request for Council Action Meeting Date April 24, 2007 Time Required: 5 Minutes Agenda Item Title: Accountant Position Agenda Placement Old Business Originating Department/Requestor Requester's Signature Action Requested Please see be Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City received 29 applications for the Accountant position as vacated by Roxann Mendoza in March 2007. The sub -committee appointed by the Council to review and make a final recommendation on a person to fill this position, consisting of Councilmember Doerr, Councilmember McComber, Gary Brunckhorst, City Auditor Dave Mol and myself, did accomplish the following: reviewed all received applications and created a short list of 10 individuals; instituted a written test to eight persons, consisting of written, Work documents and spreadsheet elements, one candidate withdrew their application and one did not respond to request for testing; based from the results of the testing, the Committee interviewed 5 persons on Thursday, April 19. (All were solid candidates for the position). After much consideration and follow-up with her previous employer; the Committee at this time is recommending Ms. Judy Tetzlaff for the position with the starting pay of $40,392.00 annually; which is step 2 of the Accountant position under the AFSCME contract. The position would be subject to receipt of her college transcript and a background check. Ms. Tetzlaff currently is an accounting technician with the City of Maplewood. She holds a Bachelor of Arts Degree majoring in Accounting from the College of St. Scholastica, St. Paul, MN and an Associate of Applied Science Degree for Business Administration with National College, St. Paul, MN. Should the City Council wish to accept this recommendation, the City should take such formal action. If that is the Council's desire I would recommend the following. "Motion to appoint Ms. Judy Tetzlaff to the Accountant Position with a starting wage of $40,392-00, all subject to final review and/or verification bX the CitV Finance Director" Page 25 of 70 Page 26 of 70 EN G-4 Y'Y>;k Oak Park Heights Request for Council Action Meeting Date April 24th', 2007 Time Required: r Minutes Agenda Item Title: 2oo6 Annual Financial Report Agenda Plac Originating Requester's Action Requ Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Following the work session review of the Annual Financial Report and the short presentation By David Mol of Tautges-Redpath, the City Council should accept and approve the 2oo6 Annual Financial Report. Page 27 of 70 Page 28 of 70 TPA Oak Park Heights ` 1 Request for Council Action Meeting Date April 24th, 2007 Time Required: 5 Minutes Agenda Item Title: Valley Senior Services Alliance (VSSA) — General flan Review / Planned Unit Development for Skilled Care Center Addition. Agenda Placement Originating Department/Iecluestoi- I 6hnson, City Admini Requester's Signature Action Requested Background/Justification (flea e ixidicate if any previous action has been taken or if other public bodies have advised): Please See Attached from Scott Richards 1. Planner's Resort — dated April 4th, 2007 (attachments can be found in the April Planning Commission Packet) 2. Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution 4. Please also see S. Richards' memo dated April 17"', 2007 discussing Building Heights/Parking Requirements. Page 29 of 70 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 753.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 4, 2007 RE: Oak Park Heights — Valley Senior Services Alliance (VSSA) General Plan Review, Planned Unit Development (PUD) — Care Center FILE NO: 798.02 — 07.01 BACKGROUND VSSA has made application for a general plan approval of the PUD for a 106 bed skilled care addition on the Boutwells Landing campus. The proposed general plan approval is consistent with the concept plan approvals of 2005 that included the following: • Care center, 110 bed • Two level parking ramp and parking lot expansions • Historic village including school, band shell, and chapel • City park enhancements, park shelter • Memory care center, 28 unit, relocated adult and child care • Conservatory connection to existing Town Center • Tunnel to business district Concept plan approval, granted by the City Council at their November 22, 2005 meeting, allowed for approval to extend through December 31, 2008. At this time, only the care center will be processed as a general plan. The two level parking ramp has been removed as part of the overall plans and the park shelter in the Autumn Hills park is under construction. The other elements, including the historic village, memory care center, conservatory connection and tunnel will be considered at a later date. In December of 2005, the City Council approved a conditional use permit to move the historic school house into the Boutwells Landing campus. The final plans for the school house and the other buildings of the historic village will need to be reviewed as part of a general plan. Page 30 of 70 Attached for reference: Exhibit 1: Project Narrative Exhibit 10: Landscape Details Exhibit 2: Existing Conditions Exhibit 11: 58"' Street Traffic Study Exhibit 3: Removal Plan Exhibit 12: Site Plan Exhibit 4: Certificate of Survey Exhibit 13: Lower Level Plan Exhibit 5: Layout Plan Exhibit 14: First Floor Plan Exhibit 6: Grading & Erosion Control Plan Exhibit 15: Second Floor Plan Exhibit 7: Utility Plan Exhibit 16: Third Floor Plan Exhibit 8: Lighting Plan Exhibit 17: Elevations Exhibit 9: Landscape Plan Exhibit 18: Colored Elevations/Photos ISSUES ANALYSIS Project History/Existing Campus. Ten years ago, Lakeview Hospital recognized a need in the St. Croix Valley for additional older adult housing and services. Three organizations, Presbyterian Homes and Services; Lakeview Hospital, and Croixdale Residence, joined together to form Valley Senior Services Alliance (VSSA), a non-profit organization to meet the needs of older adults in the Valley. The organization envisioned a community that would provide a continuum of care that would meet the needs of older adults as they age in the community where they lived and worked. That vision became Boutwells Landing which now includes: • Fifty-six village homes (side-by-side townhomes), completed in 2000. • Ninety-four assisted living apartments in the Commons building, completed in October 2001 (since July 2004, 29 of these units are dedicated to memory care). • The Gathering at Boutwells Landing, a residential hospice service in the Commons, founded in 2004 in partnership between Lakeview Hospital and Boutwells Landing. • One hundred one units of independent living apartments in the Terrace, completed in February 2002. • A Town Center that links the Commons and the Terrace, and provides convenient services and opportunities for community, both for residents and members of the larger St. Croix Valley community. Features include a town hall/chapel, a general market, cafe, museum, bank, barber/beauty shop, educational classrooms, theater, library, fitness center, two pools, and locker rooms. • A Boutwells bus to transport residents within Boutwells and into town for shopping, medical appointments, and other activities. The bus provides more than 350 rides each month. • Seventy-eight brownstone units (one level independent living homes) six coach homes (detached single family homes), and 75 additional village homes (side-by- side homes). Page 31 of 70 2 VSSA has recognized from the beginning that to provide the continuum of care, a skilled nursing care facility would need to be part of the Boutwells Landing complex. The care center, as now proposed, would be 106 units to be located on the north side of the existing Town Center. The 28 bed memory care center would be part of a future phase. Unit Breakdown. The current submittal reflects slight changes to the numbers of units for each phase of development of the entire complex from the original PUD submittal. The current existing and proposed unit count is as follows: EXISTING 1 PROPOSED HOUSING UNITS Phase I (Existin Independent Living 91 units Alzheimer/Dementia Care 12 units Assisted Living 89 units Duplexes 44 units Quadraplexes 8 units TOTAL 244 units Phase II (Existing) Independent Living 78 units Duplexes 81 units TOTAL 159 units Phase III (Proposed) Care Center (Current Request) 106 units Assisted/Memory Care 28 units TOTAL 134 units TOTAL PROJECT UNITS 537 units Proposed Project. The 106 unit care center will be connected to the Town Center, the Commons assisted living building, and the Terrace independent living building. The design will be start of the art, including private resident rooms with bathrooms, kitchenettes, and sitting areas. VSSA will be required to locate and purchase existing nursing home beds from areas of the State that have a surplus of beds. The State will need to approve the move of nursing home beds. It is recognized that the St. Croix Valley community has a shortage of this type of housing. The new care center would be Medicare/Medicaid certified, create 150-170 new jobs, and provide Lakeview Hospital with a specialty unit for physical and occupational therapy and home care. The new facility will provide expanded education facilities to meet the growing needs for residential, staff and community based programs. There is a significant expansion of meeting room capacity for the City. The daycare facilities in the Town Center would be moved to the lower level of the new building. The plans should be revised to include the plans for the outdoor play area. The plans also show the future underground tunnel that will provide access from the lower level under 58th Street to the future parking lots and Page 32 of 70 3 retail areas adjacent to Highway 36. The tunnel has already been conceptually approved and final approvals would be considered at a later date. The building is three stories and would match the architecture of the existing Town Center, Commons and Terrace buildings. At the highest point, a tower element of the building will be 60 feet. The midpoint of the highest roof gable of the main structure will be at 42 feet. A variance from building height is being requested as part of this process. Zoning. The area has been zoned PUD District. When zoning property as PUD, the City designates an underlying district as the basis for compliance with the ordinance. In that the principal use is a mixture of residential and business use, the appropriate underlying zoning has been designated as R -B, Residential Business Transitional District. Within that district, multiple family dwellings are allowed as a permitted use and nursing homes and similar group housing is allowed as conditional. The Boutwells Landing project will comply with the conditions set forth in Section 401.28.E.3 related to care centers and similar group housing. Subdivision. The final plat for Boutwells Landing has been approved and is filed with Washington County. The main campus area is designated as Lot 1, Block 2. The adjacent park area is designated as Lot 2, Block 2. The Haase Nature Preserve area is designated as Lot 2, Block 3. There are no changes to the property description as a result of this new development. Lot Area. The area of the main campus lot is 694,393 square feet. The Zoning Ordinance requires at least 1,000 square feet of lot area per unit of elderly housing. The lot could support 694 units of housing. At complete build out of all phases of the main campus, 404 total units are proposed. Setbacks. The Zoning Ordinance under the R -B District requires 30 foot front and rear yards and 10 foot side yard setbacks. Additionally, one of the conditions for approval of care centers and other similar housing requires a doubling of the setback requirements. As such, the front and rear yard setbacks would be 60 feet and the side yards 20 feet. The care center will be set back approximately 90 feet from the 58th Street right-of-way. A setback of ten feet is required for all parking areas from the right-of-way. All of the proposed parking areas for the care center are at least 20 to 30 feet from adjacent rights-of-way. Parking. Currently, 290 standard stalls and 17 accessible stalls have been constructed for the Boutwells Landing main campus. The approved PUD also included an additional 55 stalls that would be held as proof of parking to be constructed with subsequent plans. The Zoning Ordinance includes parking requirements for the category of sanitariums, convalescent home, rest home, nursing home, or day nurseries, for elderly housing and for offices. The parking requirements for each aspect of the project is as follows: Page 33 of 70 4 Existing Units (Phase 1) Independent Living Elderly Housing -- one stall required per unit 91 X 1 = 91 Existing Units (Phase 1) Assisted Living I Alzheimer Five spaces plus one for each three beds 101 _ 3 + 5 = 39 Existing Units (Phase 1) Town Center Three spaces plus one space for each 200 square feet 27,923 — 10% = 25,131 = 3 = 129 Existing Units Phase 11 Constructed Independent Living Elderly Housing — one stall required per unit 78 X 1 = 78 Proposed Units (Phase III Proposed) Care Center - five spaces plus one for each three beds 106=3+5= 40 Total Requirement for All Main Campus 377 The proposed plans include a total of 334 standard stalls, 22 accessible stalls and 14 proof of parking stalls for a total of 370. Although the proposed stalls are slightly less than the requirements, the office space requirement has been applied to the Town Center to establish a parking standard. This requirement is likely higher than what is required for the Town Center element of the complex. There is adequate space on site to require additional stalls, but staff would not support increasing the number of constructed or proof of parking stalls. The overall parking requirements will be reviewed with the final phase which includes the memory care center and adjustments to the parking will be required to meet the overall needs of the complex. The parking deficit can be addressed within the PUD approvals. A parking ramp had been proposed as part of the concept plan review for this portion of the Boutwells Landing campus. With the current unit count and the parking that would be provided on site, it does not appear that the ramp will be necessary. The plans also show the possibility of a tunnel under 58th Street and the addition of parking to the north if the need arises. Access. As part of the parking lot changes, the access drive from 58th Street into the north side of the main campus will be moved approximately 40 feet to the west of the current driveway location. The City Engineer has reviewed the proposed driveway location and does not see a traffic or sight line issue. Traffic. As part of the general plan submittals, the project engineer provided a traffic study indicating the increase in vehicle traffic visibility from the campus expansion. The findings shown by AM peak hour and PM peak hour are as follows: Page 34 of 70 5 Vehicle Count: AM Peak Hour Existing total peak hour volume from site 45 vehicles Estimated future volume to 581h Street from site 68 vehicles Estimated increase to 58th Street from site 23 vehicles Vehicle Count: PM Peak Hour Existing total peak hour volume from site 71 vehicles Estimated future volume to 581t' Street from site 119 vehicles Estimated increase to 58th Street from site 48 vehicles The increase resulting from the expansion does not appear to be substantial. The City Engineer should comment on the traffic study and potential impact to 58th Street and Oakgreen Avenue. Loading Dock/Trash Handling. The loading dock and trash handling area for the campus will not be changed from the current location. The addition of a generator and enclosure adjacent to the loading dock will significantly screen the area. Additionally, the berm area between 58th Street and the loading dock area will be re -landscaped with pine, spruce, and existing trees. The generator enclosure is shown with the building elevation plan. Mechanical Screening. The existing chiller of the heating and air conditioning system will be removed from the parking lot area and incorporated into the new building roof structure. As indicated, the existing generator will be moved and enclosed with a brick structure to match the building. The plans also show three electrical transformers and four propane tanks between the new building and the new generator location. The propane tanks will no longer be needed and will not be placed underground in this location as first proposed. The transformers will be screened by landscaping. Landscaping. A landscape plan has been submitted as part of the application. The plan indicates extensive landscaping along the north edge of the site on the berms adjacent to 58th Street. The parking lot islands and areas in front of the building will also be heavily landscaped. The landscape plans will be subject to review and approval of the City Arborist. As part of the conceptual landscape plan, the area between the main campus building and the pond within the City park is shown to be re -graded and planted in prairie grasses. VSSA representatives have requested to pay for the conversion of these areas into prairie plantings and to establish a more definitive edge between the mowed grass areas and the area that slopes to the pond. VSSA will need to submit a detailed plan and work with the City Engineer on the re -grading and the City Arborist in establishing the prairie grass area. Grading and Drainage. Grading and drainage plans have been submitted for the general plan of development review. As part of the plan, a rainwater garden has been established on a large parking lot island northeast of the new building. The grading and Page 35 of 70 6 drainage plans shall be subject to review and approval of the City Engineer and Browns Creek Watershed District. Utility Plans. The utility plans shall be subject to review and approval of the City Engineer. Sidewalks/Trails. The plans indicate the addition of trails and sidewalks as part of the project. A sidewalk connection from the parking lot on the west side of the site will be extended to the existing bituminous trail in the Autumn Hills park. Sidewalks will be constructed in front of the building to assist in providing connections into the entrances from the parking lots. A trail will be constructed on the east side of the campus to connect the 58th Street trail to the existing sidewalk on the south side of the site. Lighting. A lighting plan has been submitted with the locations of fixtures on the building and in the parking lots. The same parking lot fixtures will be utilized that features a lens that does not meet City standards. As part of the PUD, the fixture will be allowed. The photometric plan for the site would meet all City requirements. The plan does not indicate fixture styles for the building mounted lights. All building fixtures shall meet City lighting standards and be approved by City staff before installation. Signage. The plans indicate one new site sign to be located at the new entry drive. The sign would match the existing monument sign. The sign would be allowed by the Zoning Ordinance. No wall signage is proposed for the building expansion. Building Design. The Boutwells Landing project would be subject to Design Guidelines requirements in that it is a residential/commercial use within a PUD. The building design and materials are identical to the existing campus building which features a combination of brick, EIFS, large window areas, and metal balcony railings. The building will be capped off with pitched roofs, a tower at the entrance, and a clock tower. A parte cochere will also be provided at the building entrance to provide a covered loading and unloading area for residents and their guests. The construction of the care center will complete the primary view of the campus from 58th Street. This portion of the complex will no longer be the back door, but rather provide an inviting entrance to the campus. The building architecture and materials will be consistent with the City's Design Guidelines. With the construction of the care center, an internal court yard will be created in the center of the campus. Access to the yard for maintenance purposes will be made by a corridor on the east side of the building. A trash room and areas for loading and unloading is provided adjacent to the corridor. Depending upon funding, VSSA plans to completely cover the internal court yard area to make a conservatory in this area. That will be subject to a future general plan review and approval. Page 36 of 70 7 Building Height. The elevation diagrams indicate the building heights for the buildings and tower elements. The height to the center point of the highest roof is proposed at 42 feet. The building height requirement is 35 feet. A variance is required to exceed the building height of the roof. The tower feature is proposed at a maximum height of 59 feet, 6 inches. The Zoning Ordinance allows exceptions for towers, although they are not permitted to exceed 45 feet in total height or exceed the maximum height of the building by more than five feet. Exceptions to this maximum are made by conditional use permit. The City may consider the tower exception as part of the PUD. A variance was granted for the existing Boutwells Landing buildings. For comparison, the midpoint of the highest roof is at 49 feet, 8 inches on the northeast elevation of the existing building. Variance. Variance criteria is provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and City Council should review the following criteria and conditions to determine if the variance is justified. Review Criteria. The Planning Commission and City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. Page 37 of 70 8 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. C. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Comment. In response to the criteria and conditions listed above, the primary hardship to this variance is that three story institutional buildings, with what is required for space needs and construction, cannot fit within a building height requirement of 35 feet. Additionally, the mass of the buildings requires gabled roofs, dormers, and tower elements to break up the facades and make the buildings more visually pleasing. A variance was granted previously for other portions of the campus. The care center will be at a lower height than the existing building. City planning staff recommends that the building height variance be approved. 911 Calls. At City staff request, VSSA was asked to provide information on 911 calls and how the addition of the care center will impact that call volume. The response from VSSA representatives is as follows: 1) in December of 2006, Presbyterian Homes changed the dial "9" program on our telephone system and eliminated this dialing requirement. The goal was to reduce accidental calls made by residents to 911. We tracked 911 calls for the three months prior to the change and subsequent three months after the change. Our Page 38 of 70 9 data indicates a reduction from 61 to 40 calls, a 34 percent reduction in 911 calls. 2) In relation to our new skilled project application, we have examined our most recent new skilled facility in Bloomington. This is a facility of similar size (100 beds) and our records indicate the facility generates an average of 16 calls per month. We are continuing to analyze data logs from other facilities to confirm this rate. Development Contract. A development contract amendment will be required as part of this PUD approval. The issue of payment in lieu of taxes for the care center will need to be addressed in the contract. The contract shall be subject to review and approval of the City Attorney. CONCLUSIONIRECOMMENDATION Based upon the submittals and review herein, City staff recommends approval of the general plan of development/PUD and a building height variance for the addition of a care center to the Boutwells Landing campus. The general plan approvals are recommended with the following conditions: 1. The approvals allow for 14 proof of parking spaces and an allowance of a seven parking stall deficit from Zoning Ordinance requirements. 2. The City Engineer shall approve all driveway locations from 58th Street. 3. The City Engineer shall comment on the traffic study and potential impact of the expansion on 58th Street and Oakgreen Avenue. 4. The four propane tanks shall be removed from the site plans and not be installed unless approved by the City. 5. The landscape plan is subject to review and approval of the City Arborist. 6. The site plan shall be revised to include plans for the outdoor play area subject to review and approval of City staff. 7. The applicant shall provide additional plans for the grading and installation of prairie grasses on the east side the Autumn Hills park. The plans shall be subject to review and approval of the City Engineer and City Arborist. 8. The grading and drainage plans shall be subject to review and approval of the City Engineer and Browns Creek Watershed District. 9. The utility plans shall be subject to review and approval of the City Engineer. Page 39 of 70 10 10. The applicant shall be allowed to install freestanding light fixtures that include a non -conforming lens to match the existing site fixtures on site. A detailed lighting plan for the building light fixtures shall be submitted for City staff approval prior to installation. 11. All signage installed on site shall comply with the requirements of the Zoning Ordinance. 12. The Planning Commission and City Council should comment on the building architecture and materials. 13. The Planning Commission recommends and City Council approves a building height variance to the mid point of the highest roof of 42 feet. 14. As part of the PUD approvals, the Planning Commission recommends and the City Council approves the allowance for tower elements that do not exceed 60 feet in height. 15. The City Council should comment on the frequency of 911 calls generated by the Boutwells Landing campus. 16. A snow removal and storage plan shall be submitted by the applicant. 17. The Police Chief and Fire Chief should comment on any safety vehicle access issues of the access points, driveways, or of the general site plan. 18. A development contract amendment shall be executed subject to review and approval of the City Attorney. Page 40 of 70 11 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 VALLEY SENIOR SERVICES ALLIANCE FOR A GENERAL PLAN PUD APPROVAL FOR A SKILLED CARE CENTER ADDITION AT BOUTWELLS LANDING LOCATED AT 5$' STREET AND NORWICH AVENUE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park IIeights has received a request frorn Valley Senior Services Alliance for a general plan PUL? approval for a skilled care center addition at Boutwells Landing located at 58`x' Street and Norwich Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: I . The real property affected by said application is legally described as follows, to wit: SEE ATTACI-IMENI' A and 2. 'The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEI: ATTACHMENT B and 3. Concept plan approval for the care center was approved by the City Council at the November 22, 2006 meeting;; and 4. The property is zoned PUD District with an underlying zoning of R -B, Residential Business. Care centers are a conditional use in the R -B District; and City staff prepared a planning report dated April 4, 2007 reviewing the PUD; and 6. City staff recommends in the April 4, 2007 planning report that the request be approved with conditions; and Page 41 of 70 7. The Planning Commission held a public Dearing at their April 12, 2007 meeting, took comments from the applicants and public, closed the public bearing, and made the following recommendation: NOW, 'THEREFORE, 13E IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENllS THE FOLLOWING: A. The application submitted by Valley Senior Services Alliance for a general plan PUD approval for a skilled care center addition at I3outwells Landing located at 58`x' Street and Norwich Avenue and affecting the real property as follows: SEE A"I TACHMCNT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The City Engineer shall approve all driveway locations from 58'x' Street. 2. The City Engineer shall comment on the traffic study and potential impact of the expansion on 58`x' Street and Oakgreen Avenue, 3. The four propane tanks shall be removed from the site plans and not be installed unless approved by the City. 4. The landscape plan is subject to review and approval of the City Arborist. 5. The site plan shall be revised to include plans for the outdoor play area subject to review and approval of City staff. 6. The applicant shall provide additional plans for the grading and installation of prairie grasses on the east side the Autu►nn llills park. The plans shall be subject to review and approval of the City Engineer and City Arborist. 7. The grading and drainage plans shall be subject to review and approval of the City Engineer and Middle St. Croix Watershed District. 8. The utility plans shall be subject to review and approval of the City Engineer. 9. All newly installed freestanding light fixtures shall include a conforming full cut off lens. A detailed lighting plan for the building light fixtures shall be submitted for City staff approval prior to installation. All new light fixtures shall comply with the requirements of the Zoning Ordinance. 10. All signage installed on site shall comply with the requirements of the Zoning Ordinance. A plan, subject to approval by City staff, shall be submitted by the applicant indicating appropriate directional signage. Page 42 of 70 11. The Planning Commission is favorable to the proposed building architecture and materials. 12. The Planning Commission recommends and City Council approves a building height variance to the mid point of the highest roof of 42 feet. 13. As part of the PUD approvals, the Planning Commission recommends and the City Council approves a conditional use permit allowance for tower clements to not exceed 60 feet in height. 14. The City reserves the right to address the issue of 911 calls and potential emergency vehicle siting on campus at a later date. 15. A snow removal and storage plan shall be submitted by the applicant. 16. The Police Chief and Fire Chief should comment on any safety vehicle access issues of the access points, driveways, or of the general site plan. 17. A development contract amendment shall be executed subject to review and approval of the City Attorney. The issue of payment in lieu of taxes will be addressed as part of the contract. Recommended by the Planning Commission of the City of Oak Park Heights this 12`x' day of April 2007. Michael Liljegren, Chair ATTEST: Eric A. Johnson, City Administrator Page 43 of 70 3 Attachment A Washington County GEO Code: 05.029.20.13.0009 Legal Description: Lot 1, Block 2, I3outwell's Landing Physical Address: 13575 58"' St. N. Page 44 of 70 ATTACHMENT 13 Planned Unit Development (PUD): Amended Concept & General Plan Approvals And Building; Height Variance For Boutwell's Landing; Care Center Expansion Located at 13575 58`x` St. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 1 IX17 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 Staternent(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: February 21, 2007 Public Hearing: April 12, 2007 Required Approvals: Planning Commission City Council Majority Vote Majority Vote PUD: General Concept - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as ill 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) Page 45 of 70 RESOLU'T'ION NO. CITY COUNCIL CI'T'Y OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY VALLEY SENIOR SERVICES ALLIANCE FOR A GENERAL PLAN PUD APPROVAL FOR A SKILLED CARE CENTER ADDITION AT BOUTWELLS LANDING LOCATED AT 58m STREET AND NORWICH AVENUE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance for a general plan PUD approval for a skilled care center addition at Boutwells Landing located at 58'x' Street and Norwich Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of Oak Park Heights makes the following findings of fact and resolution: The real property affected by said application is legally described as follows, to wit: SEJ ATTACIIMENh A and 2. The applicant has submitted an application and supporting documentation to the Community Development Departn-ient consisting of the following items: SEH ATTACHMENT B and 3. Concept plan approval for the care center was approved by the City Council at the November 22, 2006 meeting; and 4. The property is zoned PUD District with an underlying zoning ole R -B, Residential Business. Care centers are a conditional use in the R -B District; and City staff prepared a planning report dated April 4, 2007 reviewing the PUD; and 6. City staff recommends in the April 4, 2007 planning report that the request be approved with conditions; and Page 46 of 70 7. The Planning Commission held a public hearing at their April 12, 2007 meeting, took comments frons the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR T14E CITY OF OAK PARK HEIGH'T'S THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Valley Senior Services Alliance for a general plan PUD approval for a skilled care center addition at Boutwells l.,anding located at 58`x' Street and Norwich Avenue and affecting the real property as follows: SEE ATTACI-IMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The City Engineer shall approve all driveway locations from 58"' Street. 2. The City Engineer shall comment on the traffic study and potential impact of the expansion on 58"' Street and Oakgreen Avenue. 3. The four propane tanks shall be removed from the site plans and not be installed unless approved by the City. 4. The landscape plan is subject to review and approval of the City Arborist. 5. The site plan shall be revised to include plans for the outdoor play area subject to review and approval ole City staff. 6. The applicant shall provide additional plans for the grading and installation of prairie grasses on the cast side the Autumn Hills park. The plans shall be subject to review and approval of the City 1:1nginccr and City Arborist. 7. The grading and drainage plans shall be subject to review and approval of the City Engineer and Middle St. Croix Watershed District. 8. The utility plans shall be subject to review and approval of the City Engineer. 9. All newly installed freestanding light fixtures shall include a conforming full cut off lens. A detailed lighting plan for the building light fixtures shall be submitted for City staff approval prior to installation. All new light fixtures shall comply with the requirements of the Zoning Ordinance. 10. All signage installed on site shall comply with the requirements of the Zoning Ordinance. A plan, subject to approval by City staff, shall be submitted by the applicant indicating appropriate directional signage. Page 47 of 70 2 11, The City Council is favorable to the proposed building architecture and materials. 12. "fhe Planning Commission recornmends and City Council approves a building height variance to the slid point of the highest roof of 42 feet. la. As part of the PUD approvals, the Planning Commission recommends and the City Council approves a conditional use permit allowance for tower elements to not exceed 60 feet in height. 14. The City reserves the right to address the issue of 911 calfs and potential emergency vehicle siting on campus at a later date. 15. A snow removal and storage plan shall be submitted by the applicant. 16. 'The Police Chief and lire Chief should comment on any safety vehicle access issues of the access points, driveways, or of the general site plan. 17. A development contract amendment shall be executed subject to review and approval of the City Attorney. The issue of payment in lieu of taxes will be addressed as part of the contract. Approved by the City Council of the City of Oak ]lark ]-Heights this 24°i day of April 2007. David Beaudet, Mayor A`1""1"l:S`I': Eric A. Johnson, City Administrator Page 48 of 70 Attachment A Washington County GEO Code: 05.029.20.13.0009 Legal Description: Lot 1, Block 2, Boutwell's Landing Physical Address: 13575 58°i St. N. Page 49 of 70 ATTACHMENT B PI Planned Unit Development (PUD): Amended Concept & General Plan Approvals And Building Leight Variance For Boutwell's Landing Care Center Expansion Located at 13575 58`x` St. 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 Statenient(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: February 21, 2007 Public Hearing: April 12, 2007 Required Approvals: Planning Commission City Council Majority Vote MaJority Vote PUD: General Concent - 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 A.C.2) Page 50 of 70 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners a nacplanning.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: April 17, 2007 RE: Oak Park Heights —Valley Senior Services Alliance (VSSA) General Plan Review — PUD — Boutwells Landing Care Center FILE NO: 798.02 — 07.01 At the April 12, 2007 Planning Commission meeting, Boutwells Landing representatives and City staff clarified two issues related to parking and building height as an update to the April 4, 2007 planning report. A table in the planning report identified a requirement for 377 parking stalls for the main campus of Boutwells Landing. The table incorrectly identified 78 units of independent living as part of the main campus. These units are the Brownstones and are not part of the main campus. They are constructed with their own parking. The actual parking requirement for the main campus is 299 stalls. The proposed plans include a total of 334 standard stalls, 22 accessible stalls, and 14 proof -of -parking stalls. The development is well within its overall parking requirements. The Planning Commission eliminated a condition related to the parking deficit. A second point of clarification is related to building height and how the new building will relate to the existing structure. The building heights of the existing/proposed structures are as follows: Existing Structures: Independent Living Assisted Living Center Tower Structure Two Side Towers Proposed Structures: Main Tower Structure Care Center To Midpoint of Gable 49 feet, 8 inches' 49 feet, 8 inches' 42 feet' To Peak 55 feet 55 feet 50 feet 2 58 feet 2 59 feet, 6 inches 2 50 feet Defined building height in Oak Park Heights Zoning Ordinance/Uniform Building Code for gabled roofs. 2 Building height requirement for tower structures per Zoning Ordinance. Page 51 of 70 As indicated above, the care center will be comparable in height to the existing campus building. The building requirement for gabled roofs is 35 feet to the midpoint of the highest gable, and for towers it is 45 feet to the peak. A variance is required for the gabled roof elements and a conditional use permit is required for the towers. Page 52 of 70 2 i ENGLO uR 5 Oak Park Heights Request for Council Action Meeting Date April 24th, 2007_ Time Required: 5 Minutes Agenda Item "Title: Variance to allow 5' setback for Parking Lot - Swa ger Park Agenda Placement Originating Department/Reel} 6tor ,/Vika oh3lsoii, City Administrator Requester's Signature Action Requested Background/Justification (Pleae indicate if any previous action has been taken or if other public bodies have advised): Please See Attached from Scott Richards 1.. Planner's Report -- dated April 3rd", 2007 (attachments can be found in the April Planning Commission Packet) 2. Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution Page 53 of 70 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com ITIT,sI TO: Eric Johnson FROM: Carie Fuhrman/Scott Richards DATE: April 3, 2007 RE: Oak Park Heights – City Request for a Parking Lot Side Yard Setback Variance at Swager Park NAC FILE: 79&.04 – 07.01 BACKGROUND Application. The City of Oak Park Heights has made application for a property line setback variance so as to construct a bituminous parking lot, concrete curb and gutter, and bituminous trail at Swager Park. The variance is necessary in that the Zoning Ordinance specifics a ten foot setback from property lines, and the proposed parking lot is five feet from the east property line. The property is zoned O, Open Space Conservation and is an existing park. Attached for Reference. Exhibit A – Map of Swager Park Exhibit B – Location Map Exhibit C – Grading Plan Exhibit D – Electrical Site Plan Exhibit E – Electrical Details ISSUES ANALYSIS Parking Lot Design. The proposed project includes improving the parking lot by replacing the existing gravel surface with a bituminous surface and concrete curb and gutter. The lot is proposed to be five feet from the east property line, instead of the required ten foot setback. The improved parking lot will contain 25-9 by 18 foot parking stalls. Two pole -mounted luminaires are proposed on the east side of the parking lot for lighting purposes. A pedestrian ramp is proposed on the west side of the parking lot, which will extend from the existing bituminous trail west of the lot. Another pedestrian ramp is proposed Page 54 of 70 on the east side of the parking lot, along with an 8 foot wide bituminous trail that will extend into the property to the east of Swager Park on the Anderson property. The proposed trail will connect the parking lot at Swager Park with the St. Croix Mall Parking Lot, at which point another pedestrian ramp is proposed to be constructed. Adjacent Uses. Uses adjacent to the subject site include the following: • North of the site: 58th Street North and Olene Avenue North • South of the site: Single Family Homes • East of the site: Undeveloped/Open space (Anderson property) and St. Croix Mall Park Lot • West of the site: Open space The property to the east of the site is undeveloped, except for St. Croix Mall Parking Lot. The requested 5 foot variance for the improved parking lot is not creating an inconvenience to the neighboring property. Variance. Variance criteria is provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and City Council should review the following criteria and conditions to determine if the variance is justified. Review Criteria, The Planning Commission and City Council should make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 2 Page 55 of 70 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property in question to a reasonable use. C. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structure or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Comment: In response to the criteria and conditions listed above, the primary hardship to this variance is that there are existing improvements in Swager Park that the City does not want to infringe upon, therefore requiring the location of the improved parking lot to be within five feet of the east property line. In addition, the adjacent east property is undeveloped open space, except for the St. Croix Mall parking lot, so constructing the improved parking lot five feet from the east property line, instead of the required ten feet, will not adversely affect or create an inconvenience to the adjacent property. For these reasons, City planning staff recommends that the parking lot setback variance be approved. Page 56 of 70 3 RECOMMENDATION AND CONCLUSION After reviewing the request and the criteria and conditions for variance approvals, staff recommends approval of the request for the parking lot property line setback variance to allow a parking lot to be located five feet from a side property line, instead of the required ten feet. The recommendation is made with one condition: Any additional comments or conditions of the City Council, Planning Commission, or City Staff. Page 57 of 70 4 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 CITY REQUEST FOR A PROPERTY LINE SETBACK VARIANCE FOR A PARKING LOT AT SWAGER PARK LOCATED AT 58ry "' STREET NORTH AND OLENE AVENUE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park I-leiy lits has requested a property line setback variance for a parking lot at Swager Park located at 5&" Street North and Olene Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park I leights makes the following findings of fact: "rhe real property affected by said application is legally described as follows, to wit: SEE ATTAC IMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT I3 and 3. The City has proposed a parking lot at Swager Park that will replace the existing gravel surface with a bituminous surface and concrete curb and gutter; and 4. Tlie parking lot is proposed to be five feet from the cast property line, instead of the required ten foot setback; and 5. The parking lot is being placed in this location so as not to impact existing park facilities and to allow for drainage infiltration depressions; and 6. City staff prepared a planning report dated .April 3, 2007 reviewing the request for the variance; and 7. City staff recommends in the April 3, 2007 planning report that the request be approved with conditions; and Page 58 of 70 8. The Planning Commission held a public hearing at thein April 12, 2007 meeting, took comments from the public, closed the public hearing, and made the :following recommendation: NOW, THEREFORE, BE IT RESOLVED 13Y THE PLANNING COMMISSION FORTHE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. `rhe application submitted by the City for a property line setback variance for a parking lot at Swager Park located at 58`x' Street North and Olene Avenue and affecting the real property as follows: Sl la ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park I Ieights for approval with the following findings of fact: ]'he existing parking lot is constructed less than the required ten foot setback. 2. The proposed barking lot has been designed so as not to infringe on existing improvements within Swager Park and to allow for drainage infiltration depressions. 3. The adjacent property to the cast is undeveloped open space and will not adversely affect or create an adverse impact to the adjacent property. The requested variance is recommended to the City Council of the City of Oak Park Heights without conditions. Recommended by the Planning Commission of the City of Oak Park 1-leights this 12`x' day of April 2007. Michael I.,iljegren, Chair Eric A. Johnson, City Administrator Page 59 of 70 2 Attachment A Washington County GEE Code: 04.029.20.21.0064 Legal Description: Tract F, Registered I.,and Survey No. 76 Physical Address: 14290 Mx' St. N. Page 60 of 70 ATTACHMENT 13 PI - Side Yard Setback Variance Swager Park — 14290 58"' St. N. Application Materials • Application Form • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property Planning Commission Public Hearing & Recommendation. April 12, 2007 Required Approvals: City Council 415 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 elate of approval, unless the properly 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) Page 61 of 70 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHING'T'ON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE CITY REQUEST FOR A PROPERTY LINE SETBACK VARIANCE FOR A PARKING LOT AT SWAGER PARK LOCATED AT 58""' STREET NORTH AND OLENE AVENUE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park 1-IeiVhts has requested a property line setback variance for a parking lot at Swager Park located at M' Street North and Olene Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of Oak Park Heights makes the following findings of fact and resolution: The real property affected by said application is legally described as follows, to wit: SEE; ATTACHME.,NI' A and 2. The applicant has submitted an application and supporting documentation to the Cotnmunity Development Department consisting of the following items: SEE ATTACHMENT I3 and 3. The City has proposed a parking lot at Swager Park that will replace the existing gravel surface with a bituminous surface and concrete curb and gutter; and 4. The parking lot is proposed to be five feet from the east property line, instead of the required ten foot setback; and 5. The parking lot is being placed in this location so as not to impact existing park facilities and to allow for drainage infiltration depressions; and 6. City staff prepared a planning report dated April 3, 2007 reviewing the request for the variance; and 7. City staff recommends in the April 3, 2007 planning report that the request be approved with conditions; and Page 62 of 70 S. The Planning Commission held a public bearing at their April 12, 2007 meeting, took comments from the public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by the City for a property line setback variance for a parking lot at Swager Park located at 58"' Street North and Olene 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 IIeights with the following findings of fact: I . The existing parking lot is constructed less than the required ten foot setback. 2. The proposed parking lot has been designed so as not to infringe on existing improvements within Swager Park and to allow for drainage infiltration depressions. 3. The adjacent property to the east is undeveloped open space and will not adversely affect or create an adverse impact to the adjacent property. 1'he requested variance is recommended by the City Council of the City of Oak Park Heights without conditions. Approved by the City Council of the City of Oak Park Heights this 24u' day of April 2007, David Beaudet, Mayor XrTEST: Eric A. Johnson, City Administrator Page 63 of 70 2 Attachment A Washington County Gro Code: 04.029.20.21.0064 Legal Description: Tract F, Registered Land Survey No. 76 Physical Address: 14290 58`x' St. N. Page 64 of 70 ATTACHMENT 13 Side Yard Setback Variance Swager Park — 14290 58"' St. N. Application Materials • Application Form • flan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List front Washington County (500' from subject property Planning Commission Public Hearing & Recommendation: April 12, 2007 Required Approvals: City Council 415 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 mill 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 pact 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—40L4.C.2) Page 65 of 70 Page 66 of 70 ip", Oak Park Heights ENCLOSURE Request for Council Action Meeting Date Aril 24!h, 200 Time Required: 3 Minutes Agenda Item Title: Support of the Establishment of a `NO -WAKE' zone on St. Croix River abutting Sunnyside Marina and Wastewater Treatment Facility Agenda Placement New Business Originating Department/Requestor Mayor Beaudet Requester's Signature Action Requested Ado t Resolution Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): See attached resolution. Page 67 of 70 RESOLUTION NO. 2007 -04 - CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OAK PARI{ HEIGHTS SUPPORTING THE ESTABLISHMENT OF A `NO -WAKE' ZONE ON THE ST. CROIX RIVER FROM THE NORTHERN PROPERTY LINE OF SUNNYSIDE TO THE METRO WASTE WATER TREATMENT PLANT WHEREAS, the City Council for the City of Oak Park Heights has received a request from the Port of Sunnyside Club, inc. to support their proposal to establish a no wake zone in the area north of the of their northern property line and extending to the south to Metro Waste Water Treatment Plant: and WHEREAS, the high volume of boat traffic on the St. Croix River with excessive speeds and large wakes that are created thereby are creating issues of safety and property damage for the traveling public and property owners along the St. Croix River; and WHEREAS, ample precedent has already been established on various sections of the St.Croix River to establish no wake zones where property and safety are in danger; and WHEREAS, THE City Council finds it to be in the best interest of its citizens, property owners, the traveling public and boaters to establish a `no -wake' zone in the area designated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARD HEIGHTS AS FOLLOWES: The City of Oak Park Heights hereby acknowledges and supports the establishment of a no wake zone on the St. Croix River from an area to be established beginning at the northern property line of the port of Sunnyside Club, Inc. and extending to the south to the Metro Waste Water Treatment Plant. 2007. Passed by the City Council for the City of Oak Park heights this 24"' clay of April, David Beaudet, Mayor Attest: Eric Johnson, City Administrator Page 68 of 70 Oak Park Heights Request for Council Action Meeting Date April 24th, 200 Time Required: 3 Minutes Agenda Item Title: �A rove April 2007 Job Descriptions Agenda Placement New Business Originating Requester's Signature. Action Requested Background/Justification ( public bodies have advised) indicate if any previous action has been taken or if other The City's last comprehensive update to its Job Descriptions was in 1998. Over the past several months, my office in conjunction with all department heads, have examined all position descriptions relative to their actual job duties, new skill requirements and other possible regulations since the last update. It should however be noted that there have not been any wholesale changes or re -classifications. The City Attorney has reviewed these documents and found them to be consistent with City Ordinances and rules governing such documents. At this time I am recommending that the City Council approve the Job Descriptions as dated April 2007. Page 69 of 70 LAMMER,L—S&R,,,. 23 Writer's Dir_d Dial: (651) 351-2118 Writer's E-mail: mvierlirrgr cck6crglamrr�crs.cam March 23, 2007 Eric Johnson City Administrator City of Oak T'al'k Heights 34168 Oak Park Blvd, N. Oak Park heights, MN 55082 Re: Joh Descriptiomv — March, 2007 Version Dear Mr. Johnson: 1809 Northwestern Avenue, Suite 116 ,atillwater, Minnesota 55088 (651) 439-2878 Fax (651) 439-2.92.3 vuwv,,.eckbergl comers,corn 1 have reviewed the City's draft and bound version of the City of Oak Park Heights Job Descriptions -- March, 2007. In reviewing that document and the variolas ,.ostings an,ds�' descriptions of the jobs and positions set forth therein, we find the same to be genes fl compliant�N the City's ordinances and the state statutes and have no objections with regard to"t'l descriptic�m as provided. Mark J. Vierling MJV/sdb Page 7 of 32 l:c'€ ti€:t:c . I.:�MMER.s. INIGcs. ��'01JI: 6 VIERIANc. €'L1.€' I'i wk, E Caa IncrF:i f w - (;i,dltt;I [ ],1y1:!y ! Page 7Q.yGif /���li �tE,, 3'r03):att; I?<<,l !"�1, L�r.i 1 �U;A, ,ov" •