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HomeMy WebLinkAbout03-28-06 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, MARCH 28, 2006 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. IL Department/Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Other Liaison/Staff reports 1. Spring Clean-up: Saturday, May 20"', 7:30 a.m. to 1:00 p.m. 7:10 p.m. III. Visitors/Public Comment Recycling Award (1) This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda. (Please limit comments to 3 minutes in length.) 7:10 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approval of City Council Minutes — March 14, 2006 (2) C. Revise Current Agreement for Fire Code and Inspection Services (3) D. Authorization to Accept Gift of Water Tower Inspection (4) E. Approve Resolution Authorizing Sale of Real Property to CSM Equities, LLC (5) 7:15 p.m. V. Public Hearings None 7:15 p.m. VI. New Business A. Alcohol Compliance Checks — Failure (6) B. Schedule Audit Review Worksession — April 11, 2006 (7) C. Authorization to Solicit Contract for Sanitary Sewer Cleaning and Televising (8) D. Letter to MnDOT - $400,000 STH 36 Planning Fund (9) E. W.A.T.E. — PUD Concept and General Plan — 5670 Memorial Avenue (10) F. Oakgreen Village Area — PUD Concept Plan (11) G. Oakgreen Village Area — Conditional Use Permit — Filling & Grading (12) H. Receive Bids and Award Contract for Novak Avenue North and Norwich Avenue North Utility and Street Improvements (13) I. Authorization to Solicit Contract for Sanitary Sewer Cleaning and Televising (14) Street Repair • Authorization to Bid the 2006 Street Seal Coating Project (15) • Authorization to Solicit Bituminous Street and Park Trail Crack Filling Contract (16) • Authorization to Solicit Slurry Seal Quotes (17) 8:00 P.M. VII. Old Business None 8:00 p.m. VIII. Adjournment Oak Park Heights Request for Council Action Meeting Date: March 28, 2006 Agenda Item Title: Recycling Award Time: 0 min. Agenda Placement Visitors/Public Comment Originating D Requester's Signature Administration/Julie Johnson Action Requested Receive information Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082-2007 • Phone: 651/439-4439 • Fax: 651/439-0574 March 24, 2006 David Fuerstenberg 1501565 1h Street North Oak Park Heights, Minnesota 55082 Dear Mr. Fuerstenberg: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, March 23, 2006 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for pick-up; therefore, you are one of this month's winners. Please contact me at 439-4439 at your convenience 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. Sincerely, U,Q`0� ulie R. Jo inson Administrative Secretary/Deputy Clerk Tree City U.S.A. M Oak Park Heights Request for Council Action Meeting Date March 28 2006 Agenda Item Title: Approve City Council Meeting Minutes — March 14, 2006 Time: 0 min. Agenda Placement Consent Originating Department/Reglestor Administration/Julie Johnson Requester's Signature Action Requested Approve Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, MARCH 14, 2006 CITY COUNCIL MEETING MINUTES L Call to Order/Pledge of Allegiance/Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, Police Chief Swanson, Finance Director Holst, City Attorney Vierling, City Engineer Postler, and City Planner Richards. Absent: None. Mayor Beaudet added "Add Bayport Storm Sewer Update to Worksession Agenda" under the Consent Agenda. Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Agenda as amended. Carried 5 —0. II. Department/Council Liaison Reports: A. Planning Commission: Councilmember Swenson reported that the Planning Commission considered applications from Jacob Holdings, WATE Enterprises and Oakgreen Village at the March 9"' meeting. B. Parks Commission: Councilmember Abrahamson reported that the Parks Commission will meet on March 20t" at 6:30 p.m. and has provided a recommendation on the Autumn Hills Park Shelter. C. Cable Commission: Councilmember Doerr stated that there was nothing to report. D. Water Management Organizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix has moved its March meeting to the 30th and will not hold an April meeting. Mayor Beaudet also reported that the Middle St. Croix is waiting on BWSR approval of the water management plan. E. Other Liaison/Staff Reports: Mayor Beaudet provided a reminder of the Spring Clean-up to be held on Saturday, May 20, 2006 from 7:30 a.m. to 1:00 P.M. III. Visitors/Public Comment: Recycling Award. Administrative Secretary Johnson reported that Harold and Ellen Roslin of 14815 57t" Street North were chosen to receive the Recycling Award. City Council Meeting Minutes March 14, 2006 Page 2 of 3 IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — February 28, 2006 C. Adopt Resolution Approving the Application for Renewal of the VFW Post 323 Lawful Gambling License D. Add Bayport Storm Sewer Update to Worksession Agenda Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 5 — 0. V. Public Hearings: None VI. New Business: A. Authorize Request for Proposals for Software and Implementation Services for Local Government Software Applications Finance Director Holst reported that the City has been saving for several years for the purchase of a new software system for the Finance Department. The new system will be more accurate and efficient for utility billing and city accounting. Finance Director Holst also reported that a full copy of the Request for Proposals document is available for review at City Hall. Councilmember McComber, seconded by Councilmember Abrahamson, moved to authorize staff to obtain bids for local government software applications. Carried 5 — 0. B. Authorize Staff to Obtain Bids to Mulch the Cover Park Gardens Mayor Beaudet stated that this project was approved last year but wasn't completed. Mayor Beaudet added that the project should be done early enough this year to prevent weeds and that shredded bark should be used rather than wood chips. Councilmember Swenson, seconded by Councilmember Abrahamson, moved to authorize staff to obtain bids. Carried 5 — 0. VII. Old Business. City Council Meeting Minutes March 14, 2006 Page 3 of 3 A. Autumn Hills Park Shelter — Approve Concept Design City Administrator Johnson reported that the Parks Commission has completed a concept design for the Autumn Hills Park Shelter as directed by the City Council. Administrator Johnson reviewed the proposed floor plan, amenities and cost estimate for a three season building, noting that additional costs would be incurred for site improvements. Discussion was held concerning alternatives for expanding the building to include a kitchenette or creating a four season building if funds become available. Mayor Beaudet stated that he was not in favor of the scaled back concept and felt that there is a need for a better shelter building. Councilmember Doerr, seconded by Councilmember McComber, moved to approve the concept design and give the Parks Commission latitude to add amenities provided additional funds are available. Carried 4 — 1, Mayor Beaudet opposed. VIII. Adiournment. Councilmember McComber, seconded by Councilmember Abrahamson, moved to adjourn at 7:34 p.m. Carried 5 — 0. Respectfully submitted, Julie Johnson Administrative Secretary Approved as to Content and Form, David Beaudet Mayor Oak Park Heights Request for Council Action Meeting Date March 28", 2006 Time Required: 1 minute Agenda Item Title: Revise current Agreement for Fire Code and Inspection Services Agenda Placement Originating Requester's Signature Action Requested Background/Justification bodies have advised): 71 indicate if any previous action has been taken or if other public The City currently maintains an agreement with the City of Bayport Fire Department for fire code and inspection services and has been in place since 2002. I have recently revisited that document and noticed that Paragraph 6, Page 6 is contradictory in terms of the agreement's renewal and expiration. For clarity, I would recommend that we continue with the current contract, but strike the last sentence in the paragraph. Staff will coordinate with Bayport to properly complete the language revision. See below. 6. Termination. This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the, other to be mailed to the addresses set £ortb within Article N herein of the respective party to receive the notice. All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force. f LSC OS URE 0 Oak Park Heights Request for Council Action Meeting Date March 28, 2006 Agenda Item Title: Authorization to Accept Gift of Water Tower Inspection Time Required 0 min Agenda Placement Consent Originating Department/Requestor Publ � Works Director / Tom Ozzello Requester's Signature Action Requested Authorization to Accept Gift from SEH Enaineerina Won at a Water Conference Background/Justification Public Works Director, Tom Ozzello, attended the Annual Minnesota Rural Water Association training conference on March 7-9, 2006. The City of Oak Park Heights has an associate membership in the Minnesota Rural Water Association. Training for Public Works Staff is required to maintain Water and Wastewater Licenses issued by the state of Minnesota. Part of the Show on the first day included displays by vendors of goods and services used in the water and wastewater industry. The Public Works Director had discussion with several vendors who featured services that City of Oak Park Heights has an interest in. SEH is an Engineering Firm and were promoting the need for water tower inspection and maintenance. As part of their display and information session they were collecting contact information from interested cities and were offering a drawing of names from cities to perform a complimentary Water Tower Inspection. The City of Oak Park Heights was planning on performing a water tower inspection on Tower One at city hall this year. Proposals have been solicited and Authorization was to be requested from City Council to award a contract to KLM Engineering for a full water tower evaluation. The normal cost of such an evaluation ranges from $2500 to $4000 and includes a float down of the interior and inspection on both the interior and exterior surfaces. The inspection must be done by professional staff that is trained in corrosion, material, coating and sanitation requirements. The tower must be kept sanitized and re -disinfected after the inspection. The City of Oak Park Heights won the complimentary inspection drawing. Since this is a gift to the city, the City of Oak Park Heights Attorney has requested that I draft a resolution that can be adopted by the City of Oak Park Heights to accept the gift to the city. Recommendation We request Council Pass a resolution accepting the Gift of a complimentary Water Tower Inspection won from SEH Engineering. 3 ®esignIBuild, Inc. March 16, 2006 Mr. Tom Ozzello Public Works Director Oak Park Heights Public Works Department P. O. Box 2007 Oak Park Heights, MN 55082-2007 Dear Tom: RE: City of Oak Park Heights Tank Evaluation & Renovation Proposal SEH No. P-OAKPH0601.00 Thank you for your time today during an obviously hectic morning. With this letter we would like to confirm that your City has been drawn from a pool of registrants collected at the Minnesota Rural Water show last week in St. Cloud, MN. Our Dan Zienty 651.490.2160, will lead a team that will, for no charge to the City, float -down and do a complete Engineering inspection of one elevated water tank and write a detailed description of its present state and requirements. Major observation will be backed up with colored photography. We will stress structural conditions, MPCA compliance, climbing safety conditions, confined space overtones as well as exterior, interior -wet and interior -dry coating conditions. Heavy metal testing will be done for existing interior -dry and exterior paint systems. Modernization requirements for this tank will be described and a budget estimate will be prepared for your use in a future renovation project. We look forward to being of service in this regard. Sincerely, Russell W. Brown Market Development Manager mm c: Steve Campbell, PE Dan Zienty t\spwat\wtms\wtms proposals\oak park heights File\oakparkheightsfreeinspectionlettecdoc 3535 Vadnais Center Drive I St. Paul, MN 55110 1 651.490.2000 1 651.490.2150 fax I www.sehinc.com CITY OF OAK PARK HEIGHTS 2006-2010 CAPITAL IMPROVEMENT PROGRAM Your Name: Tom Ozzello Department Center: Water Improvement Proposed: Water tower one coating and upgrade What year should this be accomplished: 2006 Why is it needed?: Water Tower One is a 250,000 gallon hydrosphere elevated water tower. The coating on water tower one has exceeded its design life. It is highly deteriorated and damage to the infrastructure will occur with further delays. Addition of safety railing and fall protection at the time of rehabilitation is needed and may also allow some future cost recovery from outside vendors. This rehabilitation will restore the tower to a like new condition, both internally and externally. The coatings protect the metal structure from deterioration and assure sanitary storage of water for drinking and fire protection reserves. Total Estimated Cost: $375,000 Funding Source (s): if the funding source is a grant or other outside source please explicitly identify what that source is. Water Repair/Replacement Fund Your Priority Level: 1 - Please give this project a ranking of 1 thru 5 These priority levels are relative to each other. The definition attached are only guidelines. THE CITY COUNCIL WILL ULTIMATELY SET FINAL PRIORITIES 1. VERY HIGH Needed to function and/or safety concerns, MUST GET DONE NOW. 2. HIGH Key investment for long-term stability, local quality of life; residents would expect this investment to be made in the short term. 3. Moderate Would improve staff or public efficiency, maintenance and ultimately save funds; would improve immediate area or address a specific concerns of a a few residents. City could delay this expenditure for only a few years, but would ultimately need to be accomplished. 4. LOW A public need that requires attention, but will be delayed until other items of greater priority are first addressed in any given budget year. 5. VERY LOW Investment could be postponed indefinitely as this expenditure would perhaps be entirely aesthetic, not produce long-term benefits or would be considered outside the scope of local government, but could be undertaken if excess funding was available. 9 �x. Oak Park Heights Request for Council Action Meeting Date March 24 2006 Time Required: 1 minute Agenda Item Title: Resolution Authorizing Sale of Real Property to CSM Equities, LLC Agenda Placement Originating Requester's Signature Action Requested Background/Justification bodies have advised): ion as Attached if any previous action has been taken or if other public On February 14`h, 2006, the #4y Council approved a resolution authorizing the sale of two property interests to CSM Equities, LLC, - Parcels 1 and 2 as described in the attached resolution. It has been determined that a small third parcel (triangular, .03 acres) must also be transferred to CSM Equities, LLC as is described as Parcel #3 in the resolution. The attached map depicts the third parcel. A revised resolution has been provided from the City Attorney's office that includes all three parcels with a total sale price of $244,098.78. Staff' recommends the approval of the revised resolution. RESOLUTION NO. CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING AND DIRECTING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF OAK PARK HEIGHTS TO CSM. EQUITIES, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY WHEREAS, the City of Oak Park Heights acquired a certain road and utility easement dedicated by Quit Claim Deed to the City dated October 26, 1990 and filed of record October 26, 1990 as Document No. 1005324 in the office of the Registrar of Titles in and for Washington County, Minnesota, described as follows: Road and utility easements as dedicated in Quit Claim Deed dated Oct. 26, 1990, filed October 26, 1990, as Document No. 1005324, office of Registrar of Titles, Washington County, Minnesota, described as follows: A permanent easement for road and utility purposes over, under and across the South 40.00 feet of the following described tract of land: All that part of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the Northwest corner of the East 1093.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to the east line of said North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet to the west line of the East 1013.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to said east line and a point hereinafter referred to as Point "A"; thence South 01 degree 52 minutes 14 seconds East along said westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degree 52 minutes 08 seconds East 363.61 feet to the southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West along said southerly line 609.66 feet; thence North 01 degree 52 minutes 08 seconds West 594.73 feet to a point hereinafter referred to as Point `B" which bears North 89 degrees 51 minutes 37 seconds West from the before mentioned Point "A"; thence South 89 degrees 51 minutes 37 seconds East along a line, hereinafter referred to as Line "AB", for 479.01 feet to the intersection with the westerly line of the East 1193.00 feet of said North Half of the Northeast Quarter; thence North 01 degree 52 minutes 14 seconds West 633.29 feet to the northerly line of said North Half of the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds East along said northerly line a distance of 100.07 feet to the point of beginning Also, an 80.00 foot wide permanent easement for road and utility purposes over, under and across that part of above said described tract of land lying 40.00 feet each side of the above-mentioned Line "AB" from Point "A" to Point `B"; and, WHEREAS, the City of Oak Park Heights acquired a perpetual easement for roadway and drainage and utility purposes by Warranty Deed dated February 24, 1996, filed of record on March 6, 1996 as Document No. 876327 in the office of the County Recorder in and for Washington County, Minnesota affecting real property described as follows: A perpetual easement for public roadway, drainage and utility purposes conveyed to the City of Oak Park Heights by Warranty Deed dated February 24, 1996, filed March 6, 1996, as Document No. 876327, Office of the County Recorder, Washington County, Minnesota, over all that part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, Washington County, Minnesota, which lies within an 80 foot strip whose centerline is described as beginning at the northwest corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 42 minutes 10 seconds East along the north line thereof 645.38 feet; thence southeasterly 268.27 feet along a tangential curve concave to the southwest having a central angle of 38 degrees 25 minutes 36 seconds and a radius of 400.00 feet; thence South 51 degrees 52 minutes 14 seconds East and tangent to said curve 84.22 feet; thence easterly 279.25 feet along a tangential curve concave to the north having a central angle of 40 degrees 00 minutes and a radius of 400.00 feet; thence North 88 degrees 07 minutes 46 seconds East and tangent to last described curve 113.00 feet to a point on the east line of said North Half of the Southeast Quarter of the Northeast Quarter distant 440.00 feet north from the southeast corner thereof and said centerline there terminating. Reserving unto City of Oak Park Heights all rights and easements granted to the City of Oak Park Heights pursuant to Perpetual Easement and Agreement filed May 19, 2000, as Document No. 3104763, Office of the County Recorder, Washington County, Minnesota; and, WHEREAS, There appears to be a gap within the descriptions between the above described lands and the proposed location of Novak Ave North to be dedicated to the City in the Plat of the "Village at Oak Park Heights", which Gap area is described as: "That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the northwest corner of the East 1093.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to the east line of said North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof a distance of 497.04 feet to the point of beginning; thence southeasterly a distance of 141.46 feet along a tangential curve concave to the northeast having a radius of 326.00 feet and a central angle of 24 degrees 51 minutes 46 seconds, to the point of intersection with a line drawn South 89 degrees 51 minutes 37 seconds East from a point on said westerly line of the East 1093.00 feet of said North half of the Northeast Quarter as measured at a right angle to the east line of said North Half of the Northeast Quarter, distant 633.04 South of the point of commencement described herein, as measured along said westerly line; thence North 89 degrees 51 minutes 37 seconds West 30.23 feet, to said westerly line of said East 1093.00 feet; thence North 01 degree 52 minutes 14 seconds West, along said westerly line, a distance of 136 feet, to the point of beginning over which the City may have acquired interest or claim previously under conveyance to the city within Document # 71005324 as recorded in the office of the Washington County Recorder, and over which the City desires to convey back to CSM Equities LLC; and, WHEREAS, the City of Oak Park Heights has been requested by CSM Equities, L.L.C., a Delaware limited liability company, to be allowed to acquire from the City of Oak Park Heights its interest in and to the above-described properties; and, WHEREAS, the City of Oak Park Heights has conducted a public hearing held before the City Council of the City of Oak Park Heights on February 7, 2006 to determine the public interest and/or any objections to the sale of the aforementioned properties; and, WHEREAS, no adverse public comment was received; and, WHEREAS, the City Council for the City of Oak Park Heights hereby finds that disposal or sale of the proposed lands has no adverse relationship or impact upon the City's comprehensive plan; and, WHEREAS, the City of Oak Park Heights has determined that the sale and disposition of the above-described lands will facilitate economic development within the City of Oak Park Heights, benefiting tax revenues and employment within the City of Oak Park Heights; and, WHEREAS, the City has obtained a real estate appraisal on the above-described property by Raymond W. Kirchner, S.R.A., S.R.P.A., to determine the fair market value of the above-described properties; and, WHEREAS, based upon the aforementioned real estate appraisal and the competing appraisal obtained by CSM Equities, L.L.C., the City Council for the City of Oak Park Heights hereby determines that the fair market value of the lands above-described is in the amount of $241,000.00; and, WHEREAS, CSM Equities, Inc. has offered to acquire said lands from the City of Oak Park Heights at its fair market value as determined by the City Council for the City of Oak Park Heights; and, WHEREAS, the City Council determines it to be in the best interest of the City of Oak Park Heights to sell the aforementioned lands to CSM Equities, L.L.C., a Delaware company, at fair market value as determined by the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the Mayor and City Administrator are hereby authorized and directed to execute all necessary documents to effect the sale and transfer for $244,090.78, representing the fair market value of the following referenced properties to CSM Equities, L.L.C., a Delaware company, real property to be transferred and sold, as follows: Parcel 1: Road and utility easements as dedicated in Quit Claim Deed dated Oct. 26, 1990, filed October 26, 1990, as Document No. 1005324, office of Registrar of Titles, Washington County, Minnesota, described as follows: A permanent easement for road and utility purposes over, under and across the South 40.00 feet of the following described tract of land: All that part of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the Northwest corner of the East 1093.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to the east line of said North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet to the west line of the East 1013.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to said east line and a point hereinafter referred to as Point "A"; thence South 01 degree 52 minutes 14 seconds East along said westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degree 52 minutes 08 seconds East 363.61 feet to the southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West along said southerly line 609.66 feet; thence North 01 degree 52 minutes 08 seconds West 594.73 feet to a point hereinafter referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West from the before mentioned Point "A"; thence South 89 degrees 51 minutes 37 seconds East along a line, hereinafter referred to as Line "AB", for 479.01 feet to the intersection with the westerly line of the East 1193.00 feet of said North Half of the Northeast Quarter; thence North 01 degree 52 minutes 14 seconds West 633.29 feet to the northerly line of said North Half of the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds East along said northerly line a and and distance of 100.07 feet to the point of beginning Also, an 80.00 foot wide permanent easement for road and utility purposes over, under and across that part of above said described tract of land lying 40.00 feet each side of the above-mentioned Line "AB" from Point "A" to Point `B"; Parcel 2: A perpetual easement for public roadway, drainage and utility purposes conveyed to the City of Oak Park Heights by Warranty Deed dated February 24, 1996, filed March 6, 1996, as Document No. 876327, Office of the County Recorder, Washington County, Minnesota, over all that part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20, Washington County, Minnesota, which lies within an 80 foot strip whose centerline is described as beginning at the northwest corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 42 minutes 10 seconds East along the north line thereof 645.38 feet; thence southeasterly 268.27 feet along a tangential curve concave to the southwest having a central angle of 38 degrees 25 minutes 36 seconds and a radius of 400.00 feet; thence South 51 degrees 52 minutes 14 seconds East and tangent to said curve 84.22 feet; thence easterly 279.25 feet along a tangential curve concave to the north having a central angle of 40 degrees 00 minutes and a radius of 400.00 feet; thence North 88 degrees 07 minutes 46 seconds East and tangent to last described curve 113.00 feet to a point on the east line of said North Half of the Southeast Quarter of the Northeast Quarter distant 440.00 feet north from the southeast corner thereof and said centerline there terminating. Reserving unto City of Oak Park Heights all rights and easements granted to the City of Oak Park Heights pursuant to Perpetual Easement and Agreement filed May 19, 2000, as Document No. 3104763, Office of the County Recorder, Washington County, Minnesota; Parcel (3)- (Gap Area) - "That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the northwest corner of the East 1093.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to the east line of said North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof a distance of 497.04 feet to the point of beginning; thence southeasterly a distance of 141.46 feet along a tangential curve concave to the northeast having a radius of 326.00 feet and a central angle of 24 degrees 51 minutes 46 seconds, to the point of intersection with a line drawn South 89 degrees 51 minutes 37 seconds East from a point on said westerly line of the East 1093.00 feet of said North half of the Northeast Quarter as measured at a right angle to the east line of said North Half of the Northeast Quarter, distant 633.04 South of the point of commencement described herein, as measured along said westerly line; thence North 89 degrees 51 minutes 37 seconds West 30.23 feet, to said westerly line of said East 1093.00 feet; thence North 01 degree 52 minutes 14 seconds West, along said westerly line, a distance of 136 feet, to the point of beginning." Passed by the City Council for the City of Oak Park Heights this 14'' day of March, 2006. David Beaudet, Mayor ATTEST: Eric Johnson City Administrator 02/02/2006 09:33 FAX 612 395 7131 GSM CORPORATION ^< a lit�- 1 .o-.1 it ['i LIi w CIA o 3 ;All ly f! z I a np lit 002/002 f aN tl./t^ K F Nn O -N 3np1NNt�Y l81a `-""'•ptLtpON 3f)N9Abi¢39tl0�M0 H1rtitlON'SlWNYO eafl M35rI7Ytr vt R e �.'d.,'.i;•;., � L'J,. at}•MC'1�,iIFn10a ;a ��8 .. � . !" `�' �:,?ii � J E `'%! I � y , •ia P •n a a" a,,,/ !� R� °� iii 'O,Q�a400N 1 q� an ,m,wpww.♦ !i �K -,eo '011 LIA-Z ot 1 � �1 •` I� Y Q � d f � j, i \fes..`• ` o _ .•i Y� 3.�). t 3,' /4}7rPd.iaola � ,p qk t 9v'aL< iflFt<WS 9b 'R '' ,..�yps�••y(seanY,xYlit>iN .�.•! �'�g�n ,,rP i � //a....._ -- -dt�" ice"' K Ia• A '� �' aV it]S 3)40ti1Y I 1 1 1 ,.; I. -eft et�ii`+.• , :�, YID � o ,•° � .,!>,f,pnc�� =y �g 1 i .mm• s t t Sa eo9 ;Q s H gin'+!.•IrcIti .:' a r_aWi�cj t i� 1 f WOK c too ".aee......... I C,a r+i•O 1 •� i t Oak Park Heights ,L Request for Council Action Meeting Date March 28, 2006 Agenda Item Title Alcohol Compliance Checks-Fai lure Time Required 2 min. Agenda Placement New Business Originating Department/ Requester's Signature Action Requested Police Dept./ Chief Lindy Swanson Receive Information & Set Date For Hearing To Show Cause Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). The Oak Park Heights Police Dept. conducted Alcohol Compliance checks on March 14, 2006. While conducting the checks we had one business fail. The bartender at the Stillwater Bowl served an alcohol beverage to the compliance check volunteers both of which were under age to possess and/or consume alcohol. Due to the fact that the Stillwater Bowl has had no violations in the past 24 months, this violation would be treated as a first offense. By the resolution previously passed, this violation would call for a civil fee penalty of $500.00 I would recommend that City Administration notify the alcohol license holder at the Stillwater' Bowl of the $500.00 penalty and give them the opportunity to pay the penalty oe attend a Hearing To Show Cause on May 9, 2006. S: \SHARED \ Forms\COUNCIL ACTION REQUEST. doc Oak Park Heights Request for Council Action Meeting Date March 29, 200 Agenda Item Title Schedule Audit Review Worksession — April 11, 2006 Time Required 3 Minutes Agenda Placement New Business Originating Department/Requestor Finance- Judy Holst, Deputy Clerk/Finance Director Requester's Signature Action Requested Schedule Audit Review Worksession for April 11, 2001 Background/ Justification (Please indicate if any previous action has been taken or if other public bodies have advised) The City audit is completed and ready for Council review. I recommend scheduling an untelevised worksession at 5:30 p.m. prior to the April 11"' Board of Review and Council meeting. Dave Mol from HLB Tautges Redpath, Ltd. will be available at that time to review the audit report and answer any questions you may have. Council will need approximately 30 minutes for the review. As in the past, Mr. Mol will also present a recap of the audit report at the April 11th Council meeting 6* r, F g 0p $F .° fRF Oak Park Heights Request for Council Action Meeting Date March 28 2006 Agenda Item Title Authorization to Solicit Contract for Sanitary Sewer Cleaning and Televising Time Required 5 min Agenda Placement New Business Originating Department/Requestor Requester's Signature Action Requested Public Works Director/ Tom c Authorization to Solicit Contract for Sewer Cleaning and Televising Background/Justification The City of Oak Park Heights passed a sewer system maintenance standard for the city by resolution on August 9, 2005. This plan includes cleaning the equivalent of 25% (including the annual areas that get cleaned) of sewer lines each year and, through this plan, completely cleaning and televising the entire system over a five year period. A request for proposals (RFP) is nearly complete and a list of vendors from other cities has been drafted to help distribute the solicitation for this contract. Maps of the sewer system infrastructure that will used to outline and document the yearly areas to be cleaned and televised are on order. The RFP includes a requirement to bid costs on a per foot basis for Power Jetting and Subsequent televising of approximately 31,000 feet of sanitary sewer line in 2006 and the removal of roots and debris that interfere with the proper operation of the system. Preliminary estimates show this needed service will be in the $40,000 to $50,000 range and was included in the 2006 budget. The 2006 approved budget included the money believed necessary to provide the first year of service for this maintenance plan. Recommendation We request Council Authorization to proceed with soliciting bids and evaluating contractors based on an RFP. Results will be for presented with recommendations at a future Council Meeting. THE CITY OF OAK PARK HEIGHTS MUNICIPAL SEWER COLLECTION SYSTEM MAINTENANCE STANDARDS Adopted by City Council Action on August 9, 2005 The City of Oak Park Heights owns 123,018 feet of gravity sewer lines of assorted type and sizes, 5 lift stations and 8,157 feet of related pressurized force mains as its wastewater collection system. Wastewater Treatment is performed by the Metropolitan Council Environmental Services (MCES). The City of Oak Park Heights is responsible for development of and adherence to standards to be used to maintain the city wastewater collection system. City staff is directed to provide for the maintenance of the collection system under the following guidelines: Staff shall arrange for cleaning the collection system using high pressure jetting. Approximately 32,000 feet (one-quarter of total sewer collection line footage) shall be maintained each year. Staff shall identify problem areas that have poor slopes, excessive roots, grease problems or problem pipes that require additional maintenance. These areas shall be cleaned more frequently, depending on the severity of the problems, up to and including yearly. Staff shall request appropriate ordinance changes, if needed, to protect the city infrastructure. Estimated costs for jetting operations are $25,000 per year. The entire system shall be completely cleaned at a minimum of every five years. Staff shall arrange for televising the collection system for defects including failures, joint separations, excess roots, service intrusions, and have the problems documented and rated for maintenance and repair options. Televising shall be conducted to verify the acceptability and efficiency of cleaning and root removal operations. A record shall be made of all lines analyzed and recordings shall be kept to allow verification of conditions. Indications of excess inflow and infiltration shall be documented, as well as indications of improper discharges to the City of Oak Park Heights sewer collection system. Approximately 32,000 feet shall be televised the first year at an estimated cost of $19,000 and an additional 23,000 feet televised in each the following four years at an estimated cost of $14,000 in each of those four years. This will allow the entire system to be televised in 5 years. • The budget will remain constant for the 5 year period and the $5,000 decrease in costs of televising in years 2 through 5 shall be dedicated for repairs Identified in the previous year televising report. At the end of the five year period, the system evaluation shall be used to determine adequacy of the cleaning program, adequacy of the repair program, and the future needs. It is believed the televising shall not be a major ongoing expense after the system is completely documented and will only be used for specific problems or areas that indicate changes. It is anticipated the cleaning program will be and ongoing maintenance cost for the life of the system. Preventative maintenance at the City of Oak Park Heights five lift stations shall continue to be conducted on a bi-weekly basis. The staff shall continue to provide daily checks at each site. Weekly pump records shall be maintained to help Identify excess pump hours or bypass or check valve problems. The pump control system shall be evaluated on a monthly basis for verification of pumps start, stop and alarm set points. Corrective maintenance on the system is a high priority and shall be made as discovered. The wet wells shall be evaluated on alternating months and clean outs and repairs implemented on a minimum of yearly basis and more often as indicated by the condition of the structure. The policy shall be to have two pumps available at each lift station during normal operations and to have repairs implemented within 48 hours if one pump becomes inoperable. Failure of a lift station shall be considered an emergency and pump or transport equipment shall be brought in to allow the continued use of the facility for sewer conveyance. The City of Oak Park Heights shall evaluate the cost and availability of back up power at each of the lift stations. The current generator plug in at the Kern Center station shall be used as the standard for the remaining stations. It is the intent of the City of Oak Park Heights to have a plug in generator receptacle available at each lift station. We intend to add one new generator receptacle to a lift station each year. If budget allows, the purchase of a potable back up generator capable of operating all stations shall be investigated and a comparison of ownership costs / availability of rental units shall be made. • The City of Oak Park Heights' existing alarm system shall be evaluated for future upgrades. Backup power during power failures should be installed to run the exterior warning lights. Cost evaluations shall be made regarding the benefit of a Supervisory Control and Data Acquisition system (SCADA) central alarm and control system that would provide dedicated notification of potential problems as well as alarm conditions during any failure condition. Information on dedicated communication (radio or telephone) shall be investigated. A report on options shall be submitted to the Council for consideration. • The staff shall evaluate existing data and new televising records to address excess inflow and infiltration (I&I) discovered in the system in order to save excess treatment costs from clean water entering the system for treatment. The City of Oak Park Heights shall implement a plan to address l&I, if required by MCES. ENI Oak Park Heights Request for Council Action Meeting Date March 28th, 2006 Time Required: 5 minutes Agenda Item Title: Letter to MnDOT - $400,000 STH 36 Planning Fund Agenda Placement Originating Requester's Signature Action Requested Background/Justification (Pleasdiridicate if any previous action has been taken or if other public bodies have advised): Per the Council's request as discussed at the Council work session on 3/14/06, attached you will find a draft letter to Mr. Adam Josephson of MnDOT seeking information related to the $400,000 as allocated in the 2005 Transportation Bill. Council should review for content and direct staff to forward the communication. March 23`d, 2006 Adam Josephson, P.E. Minnesota DOT - Waters Edge Bldg. 1500 West County Road B-2 Roseville, MN 55113 RE: Allocation of $400,000 in 2005 Transportation Bill. Dear Mr. Josephson, The City is in need of a status report regarding the allocation of the $400,000 as approved in the 2005 Transportation Bill. It is our understanding that such funds were to be utilized by the City to identify and examine layout alternatives for the STH 36 corridor, including the "cut and cover" design. Generally we have the following questions: I. What is the anticipated timeline on the use of these funds? 2. How exactly may these funds be expended; May a different alternative be examined other than the "cut and cover"? 3. Is there a local match requirement? 4. What is the Federal Highway Administration's role in the use these funds? 5. What role does MnDOT envision for itself in the use of these funds? 6. What is the process involved in accessing these funds for permitted purposes? 7. What is the reporting/accounting requirement involved in the use of these funds. Any feedback that you can provide on these items will be greatly appreciated. Please let me know if you have any questions. Sincerely, Eric Johnson City Administrator �p Oak Park Heights Request for Council Action Meeting Date March 28th, 2006 Time Required: 10 minutes Agenda Item Title: W.A.T.E. — PUD Concept and General Plan — Agenda Placement New Busi Originating Department/Requ Requester's Signature Action Requested Consider Background/Justification bodies have advised): See the following attachments: indicate if any previous action has been taken or if other public 1. Planner's Report from Scott Richards 2. Final Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution 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 PLANNING REPORT TO: Eric Johnson FROM: Charles Carlson / Scott Richards DATE: February 28, 2006 RE: Oak Park Heights- W.A.T.E. PUD Concept and General Plan of Development Amendment, Site Plan Review - 5670 Memorial Avenue North NAC FILE: 798.02 — 06.02 BACKGROUND W.A.T.E. Enterprises, Inc. has submitted an application for a Concept and General Plan of Development Amendment and site plan review. The property is located west of Memorial Avenue and is zoned B-3, Highway Business and Warehousing District. The total site is approximately 1.91 acres. This development is part of a larger development area that includes over 10.2 acres south and east of the proposed development. This area was annexed to the City in 1998. The applicant submitted a similar application in 2003 to amend the site to construct an accessory storage building west of the principal building. This application was approved in July 2003 and the facility was constructed shortly thereafter. The proposed project is located at 5670 Memorial Avenue North and is legally described as Lot 1, Block 1 W.A.T.E. Addition. There are presently two buildings on the lot, including a principal building and cold storage accessory building as described above. The applicant is submitting plans to construct a new storage building that will connect the principal building with the existing storage facility. The new storage facility will create an additional 3,870 square feet of cold storage. The proposed building will be constructed to match the principal building and accessory storage structure. The applicant's request is smaller in scope than the previous amendment which allowed construction of the existing accessory storage building. Still, the addition of additional storage will represent further departure from building plans as originally approved. Therefore, this change requires approval of a Concept and General Plan for Development Amendment. Attached for Reference: Exhibit A Existing Conditions and Demolition Plan: Exhibit B: Layout Plan Exhibit C: Circulation Plan Exhibit D: Building Elevations Exhibit E: Building Floor Plan Exhibit F: Lighting, Electric, and photometric plan ISSUES ANALYSIS Comprehensive Plan. The Comprehensive Plan designates this area as highway business/warehouse. The proposal is consistent with the land use designation. Zoning. The property is zoned B-3, Highway Business and Warehousing District. The existing lot meets the lot performance standards of the B-3 district in terms of lot area and width requirements. Subdivision. The lot is an existing lot, platted as Lot 1, Block 1, W.A.T.E. Addition. Impervious Surface. Section 401.3000 of the Zoning Ordinance requires that lots within the B-3 district provide 20 percent green space. With the addition of the new structure, 180 square feet of green space will be removed. This reduction will not significantly impact the site. The total green space required on the site is approximately 16,500 square feet. Currently, there is approximately 20,000 square feet of green space, or 24 percent of the lot area. The proposed building will replace existing parking lot surface with the exception of a small corner of green space. Thus, an insignificant increase in impervious surface (approximately 180 s.f.) would result from the construction of the building. Access/Circulation. The site's circulation patterns are not impacted by the proposed building. The applicant submitted a circulation plan that retains full access to the existing buildings and parking spaces, as well as the garage doors on the proposed building. The site's remote location in the northwest corner of a larger development minimizes overall impacts on circulation. Off Street Parking and Loading. The proposed building will add 3,870 square feet of warehouse space to the site, which will increase parking demand by three spaces. In addition, six spaces will be removed from the lot. Overall, the development currently has 284 parking stalls, with a total existing demand of 263 spaces. Under the proposed amendment, the site would provide 278 spaces and require 266. Thus, even with a reduction of parking the overall site maintains adequate parking per the requirements of the Zoning Ordinance. Landscaping. The applicant did not submit a landscape plan. Landscape impacts from the proposed site are limited to the removal of a small, 180 square foot lawn area. No significant plantings are present in the area proposed for the new building. 2 Signage. The applicant did not submit an amended signage plan. No signs are indicated on elevation drawings of the proposed building. If the applicant wishes to add signage to the proposed building, the building signage plan will require an amendment. Trash. When the existing accessory storage building was constructed in 2003, dumpster enclosures were installed. These enclosures are constructed of painted concrete block with wooden gates. These existing trash enclosures will accommodate any increase in trash from the proposed new building. Lighting. The applicant submitted a lighting plan, attached. The proposed building will incorporate single head shoebox luminaries that will light the parking lot area outside the proposed building. The proposed light fixtures will use 250 -watt luminaries. This compares with 400 watt fixtures used in the parking lot in front of the building. Several, lower wattage fixtures will result in more even light distribution and less glare than the high power fixtures in the front parking lot produce. The lighting plan is subject to the review of City Staff. Easements. A drainage and utility easement runs northwest to southwest parallel to the northern property boundary. There is also an easement in place for driveway access and parking for the entire property. A drainage and ponding easement is also in place for the western edge of the property, which includes wetland areas. Grading and Drainage. The applicant did not submit a grading and drainage plan. No significant work or alteration is expected to result to grading as a result of the proposed addition. The City Engineer should determine whether drainage patterns will be significantly impacted. The proposed building will not add significant impervious surface, but could shift the direction of drainage on site. Utilities. Utility connections will be accommodated through existing connections. The building will have fire sprinklers. Additional fire concerns may arise from the connections between buildings, and the relatively distant location of the nearest fire hydrant. These concerns should be reviewed and addressed by the Fire Chief. Design Guidelines. The proposed building will match existing structures. The building is proposed to be 20 feet high and approximately seventy feet long. The building will be constructed of pre -cast, insulated concrete wall panels. These panels are manufactured off site and assembled on site as "tip up" panels. Metal overhead doors will provide fourteen foot clear heights and range from twelve to fourteen feet in width. The proposed building is similar in size, scale, and design to the existing structures on site. Development Agreement Amendment. Approval and construction of a new building at 5670 Memorial Drive may require an amendment to the development agreement for the property. The City Attorney will determine if an amended development agreement for the site is necessary. 3 CONCLUSION AND RECOMMENDATION The proposed new building at 5670 Memorial Drive will add 3,870 square feet of storage space to the existing industrial property, and will connect the existing buildings on the property. The proposed building will result in the loss of six parking spaces, but parking is adequate within the development to compensate for this loss of parking. Other planning issues are minor in scope, such as the loss of a small amount of low - value green space. The proposed building will unify and connect the two existing buildings and add enclosed storage space for a growing business in the community. Staff recommends approval of the PUD Concept and General Plan of Development Amendment, Site Plan Review for 5670 Memorial Avenue North, subject to the following conditions: The grading and drainage plan shall be subject to the review and approval of the City Engineer. 2. The utility plan shall be subject to the review and approval of the City Engineer. 3. The lighting plan shall be subject to the review and approval of City Staff. 4. The location and/or location of fire hydrants shall be subject to the review and approval of the Fire Chief. 5. A revised Development Agreement, if necessary shall be subject to the review and approval of the City Attorney 6. Additional conditions or information at the discretion of City Officials and Staff. 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 REQUEST BY WATE ENTERPRISES FOR A CONCEPT AND GENERAL PLAN OF DEVELOPMENT AMENDMENT AND SITE PLAN REVIEW TO ALLOW THE ADDITION OF ENCLOSED STORAGE SPACE AT 5670 MEMORIAL AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from WATE Enterprises for a concept and general plan of development amendment and site plan review to allow the addition of enclosed storage space at 5670 Memorial Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned B-3, Highway Business and Warehousing District in which the proposed use is permitted but a PUD amendment is required to allow changes in the approved site plan; and 4. City staff prepared a planning report dated February 28, 2006 reviewing the request for the concept and general plan of development amendment; and 5. The February 28, 2006 planning report recommended approval of the PUD amendment subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their March 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by WATE Enterprises for a concept and general plan of development amendment and site plan review to allow the addition of enclosed storage space at 5670 Memorial Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to the following conditions: The grading and drainage plan shall be subject to the review and approval of the City Engineer. 2. The utility plan shall be subject to the review and approval of the City Engineer. 3. The lighting plan shall be subject to the review and approval of City staff. 4. The location and/or location of fire hydrants shall be subject to the review and approval of the Fire Chief. 5. A revised development agreement, if necessary, shall be subject to the review and approval of the City Attorney. Recommended by the Planning Commission of the City of Oak Park Heights this 9th day of March 2006. ATTEST: Eric A. Johnson, City Administrator Mike Runk, Chair 2 Attachment A Washington County GEO Code: 06.029.20.24.0015 Legal Description: Lot 1, Block 1, WATE Addition Physical Address: 5670 Memorial Ave. N. ATTACHMENT B Planned Unit Development Amendment WATE Enterprises, Inc. — 5670 Memorial Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: February 22, 2006 Planning Commission Public Hearing & Recommendation: March 9, 2006 Required Approvals: PUD Amendment City Council 4/5 Planned Unit Development Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY WATE ENTERPRISES FOR A CONCEPT AND GENERAL PLAN OF DEVELOPMENT AMENDMENT AND SITE PLAN REVIEW TO ALLOW THE ADDITION OF ENCLOSED STORAGE SPACE AT 5670 MEMORIAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from WATE Enterprises for a concept and general plan of development amendment and site plan review to allow the addition of enclosed storage space at 5670 Memorial Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned B-3, Highway Business and Warehousing District in which the proposed use is permitted but a PUD amendment is required to allow changes in the approved site plan; and 4. City staff prepared a planning report dated February 28, 2006 reviewing the request for the concept and general plan of development amendment; and 5. The February 28, 2006 planning report recommended approval of the PUD amendment subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their March 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the applicable be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by WATE Enterprises for a concept and general plan of development amendment and site plan review to allow the addition of enclosed storage space at 5670 Memorial Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The grading and drainage plan shall be subject to the review and approval of the City Engineer. 2. The utility plan shall be subject to the review and approval of the City Engineer. 3. The lighting plan shall be subject to the review and approval of City staff. 4. The location and/or location of fire hydrants shall be subject to the review and approval of the Fire Chief. 5. A revised development agreement, if necessary, shall be subject to the review and approval of the City Attorney. Approved by the City Council of the City of Oak Park Heights this 28th day of March 2006. ATTEST: Eric A. Johnson, City Administrator David Beaudet, Mayor 0 Attachment A Washington County GEO Code: 06.029.20.24.0015 Legal Description: Lot 1, Block 1, WATE Addition Physical Address: 5670 Memorial Ave. N. Planned Unit Development Amendment WATE Enterprises, Inc. — 5670 Memorial Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: February 22, 2006 Planning Commission Public Hearing & Recommendation: March 9, 2006 Required Approvals: PUD Amendment City Council 4/5 Planned Unit Development Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) �P, Oak Park Heights Request for Council Action Meeting Date March 28th, 2006 Time Required: 10 minutes Agenda Item Title: Oakgreen Village Area - PUD Concept Plan Agenda Placement Originating Requester's Signature Action Requested Background/Justification bodies have advised): See the following attachments: 4EN`,.,' ,k.f R III. i �-s'S� �X, indicate if any previous action has been taken or if other public 1. Planner's Report from Scott Richards 2. Final Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners C(i,nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Ann Rexine / Scott Richards DATE: March 2, 2006 RE: Oak Park Heights — Oakgreen Villager PUD Concept Plan FILE NO: 798.02 — 04.17 BACKGROUND Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance (VSSA) has made application fora PUD concept plan approval for that area west of Oakgreen Avenue and north of 58th Street. The area under application at this time consists of approximately 11 acres and encompasses a significant portion of what was the Central Business District. The City Council approved a PUD general plan and preliminary/final plat on March 9, 2004 for this area. A revised concept plan was reviewed by the Planning Commission at the April 14, 2005 meeting. This plan was not acceptable to the Planning Commission and was sent to the City Council with a recommendation of denial. In June of 2005, the Planning Commission approved another revised PUD concept plan. The applicant withdrew the PUD concept plan before the City Council review. The applicant has submitted the most recent concept plan that eliminates direct access from 58th Street. The total number of units has decreased from 120 to 113 units. The development would be phased with a total of 67 units in the first phase and the second with 46 townhome units near Oakgreen Avenue. Novak Avenue is proposed in its previous location. The applicant is requesting only concept plan review of the Phase 1 at this time. Attached for Reference: Exhibit A: Oakgreen Village Concept Submittal Booklet Exhibit B: City Council Resolution, March 9, 2004 Previous General Plan Approval Exhibit C: Oakgreen Village, Previous Approved Plans Exhibit D: Oakgreen Village, Proposed Concept Plan, April 2005 Exhibit E: Oakgreen Village, Proposed Concept Plan, June 2005 I&IIJ: &Ve1'17iRlF-AW,&ARI Adjacent Uses. Uses adjacent to the subject site are listed below: North of Site: Present Zoning - B-4, Limited Business District Present Use - Highway 36 orientated commercial development, Undeveloped areas and Xcel Energy power line easement. South of Site: Present Zoning - O, Open Space Present Use - The Boutwells Landing Development and Undeveloped areas. West of Site: Present Zoning - B-4, Limited Business District and B-2 General Business Present Use - Undeveloped area, Wal-Mart and property approved for Lowe's/CSM commercial development. East of Site: Present Zoning - Central Business District Present Use - Single family residences and Oakgreen Avenue Proposed Project. The project narrative for the site describes the project as follows: "The concept of this development is to create an attractive and affordable community for the City of Oak Park Heights. The newly revised layout incorporates better circulation and creates additional open areas for the development." The general plan for the first phase of development in this area, approved in 2004, was for 87 townhome units. Those plans are included in Exhibit C. The concept plan for the area included 203 overall units, 111 which were townhomes and 92 apartment units in two separate buildings. The concept plan encompassed the area south of the Xcel power line easement to 58th Street and from Novak Avenue to Oakgreen Avenue. The plan recommended for denial by the Planning Commission is found as Exhibit D. The concept for a revised plan included 79 townhome units in the first phase. The second phase was on the easterly edge of the property near Oakgreen Avenue and was to include 41 additional townhome units where Tax Increment Financing (TIF) would have been applied to assist in acquiring the remaining existing homes. The current concept plan includes 67 townhome units in the first phase. The second phase is the northern edge of the property near Oakgreen Ave. That phase would include 46 additional townhome units. The applicant has proposed three different styles of building units in the development. The applicant plans to begin the first phase this year with site grading to be completed and the construction of Novak Avenue North. The ponding outlots for both the existing wetland and proposed pond would be completed. The first phase of buildings (Units 1 - 2 67) would be started this year with the timing of the construction of the remaining units and private streets depending upon unit sales. The plans include right-of-way to be dedicated with the plat. The Planning Commission and City Council should discuss the need for and the timing of 59`" Street as part of the discussions of the concept plan. Comprehensive Plan. A Comprehensive Plan amendment was approved in July 2005, removing the Central Business District (CBD) designation and replacing it with B- 4, Limited Business, a commercial land use designation. The proposed project complies with the Comprehensive Plan. Zoning. This property has been designated as B-4, Limited Business which accommodates residential development as a conditional use. As such, the underlying base zoning district will be B-4, Limited Business with a Planned Unit Development (PUD) overlay. The B-4, Limited Business District lists two family, townhomes and multiple family dwellings as a conditional use. Subdivision. A preliminary plat was submitted with this application and Planning Commission and City Council will review as part of the general plan of development review. Park Dedication. Park dedication is based upon the specifications of Section 402.08 of the Subdivision Ordinance. The residential area to be platted would be subject to park dedication. The applicants have been advised that a property appraisal would need to be provided to calculate the park dedication amount. A small tot lot park is planned within the development that would be privately maintained by the association. The Subdivision Ordinance indicates that a credit for such areas can be granted by the City Council. This will be a policy decision of the City Council with input of the Planning Commission and Park Commission. B-4, Limited Business Standards. Section 401.301.E.9 of the Zoning Ordinance provides the CUP standards for allowing residential use in the B-4 District. The standards are as follows: Two family, townhomes and multiple family dwellings, provided that: a. At least two parking spaces per unit must be provided for on site, or proof is shown of arrangements for private parking nearby. b. No physical improvements, either interior or exterior, may preclude future re -use for commercial purposes. C. Unit floor areas must comply with Section 401.15.C.6. d. Compliance with conditional use requirements of Section 401.03.A.8. 3 e. The development does not conflict with existing or potential future commercial uses and activities. f. The density, setbacks, and building height standards imposed as part of the R-3 Zoning District are complied with. g. Adequate open space and recreational space is provided on site for the benefit of the occupants. h. The development does not conflict or result in incompatible land use arrangements as related to abutting residential uses or commercial uses. Residential use be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code and Fire Codes. Residential and non-residential uses shall not be contained on the same floor. k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. The architectural appearance, design and building materials of residential structures shall be consistent with the Design Guidelines and subject to approval of the City Council. The Planning Commission and City Council will need to review these issues as part of the concept plan review. Project Density. Section 401.15.C.3 of the Zoning Ordinance establishes the density thresholds for residential properties. Townhome projects require 4,000 square feet of land area per unit excluding right-of-way and wetlands. The phase one development consists of a total area of 315,700 square feet which excludes the wetland and right-of-way area. The 67 units planned for that area would result in an area per unit of 4,712 square feet. The calculations for the second phase would result in an area per unit of 5,485 square feet. Proposed Street/Access. The plans indicate a different layout plan from the previous concept and general plans that have been reviewed by the City for this project. Novak Avenue North would remain in the same location to connect 58th Street with 60th Street (Highway 36 frontage road). Novak is provided an 100 foot right-of-way with a 34 foot wide street. Nutmeg Avenue and direct access to 58th Street North from the proposed development has been eliminated. Access will be from a private street network. The Planning Commission has previously discussed the need to provide adequate separation between the residential uses in the east portion of the B-4 and the commercial areas to the west. The City Engineer has indicated that 100 feet of right-of- way will give adequate area for significant boulevard tree plantings along Novak Avenue. Additionally, the applicant proposes to preserve the existing tree grove on the M north side of the existing wetland and pond and plant a screen of trees between Novak and the townhome units. The Planning Commission may want to comment further on the need for additional separation and landscaping including a planted berm along the length of Novak on public and private right-of-way. The plans also include a 50 foot right-of-way dedication for Oakgreen Avenue as required by the City Engineer. This development, with the added traffic, will increase the need to improve Oakgreen Avenue with shoulders and turn lanes. Utilities will be placed within the Oakgreen Avenue right-of-way to serve this development. The City Council should consider timing for the Oakgreen Avenue improvements with construction of this development. The plans include dedication of 66 feet of right-of-way for a future 59th Street. The Planning Commission and City Council should discuss this roadway and its necessity as part of the overall plans for this area. The City will require the right-of-way dedication to allow future roadway development. The City Council will need to make a policy decision as it relates to the private street network for this project. In the past, the City has not allowed significant private streets to serve as access to this number of housing units. The private roadways are proposed at a 28 foot width. A temporary through -street at the east portion of Phase 1 is proposed to accommodate temporary circulation. The Fire Marshal and Police Chief should also review the plans to determine accessibility of emergency vehicles throughout the development. Private Driveways. The plans include the private roadways, most which are designed with a "thru" design. The plan has been revised to include 20 foot driveways between the front of the garage and the private driveway area. The City Engineer will require a 28 foot private roadway system. Trails/Sidewalks. The plan includes a system of private trails that would intersect with the City's trail system. A continuation of the eight foot trail along the Xcel power line easement is planned to extend to Novak Avenue. A five foot sidewalk is also planned on the private property right-of-way on the north side of 58th Street. The plans show a City sidewalk on the east side of Novak Avenue. The sidewalk will need to continue from 58th Street to 60th Street. The internal system of private sidewalks will provide access throughout the development and around the wetland natural area. The Planning Commission and the Park Commission should comment on the proposed private and public trail system and connection east to Oakgreen Avenue North in Phase 2. Setbacks. Within a PUD, the base district setback requirements (B-4) are applied only to the perimeter of the project. The B-4 specifies setback requirements as follows: 40 feet front yard, 20 feet rear yard and 10 feet side yard. If the lot is on a corner, not less than 20 feet from a lot line is required for side yards. The PUD section of the Zoning Ordinance specifies that buildings should be located at least 20 feet from the back of a curb line from roadways as part of the internal street pattern. Additionally, the ordinance species that no building within the project shall be nearer to another building by one-half the sum of the building heights of the two buildings. 5 All of the setback requirements would be met with the exception of Unit 1, 32 and 44 which measure 5 -7 feet. As part of the PUD, all perimeter units must maintain a 20 foot setback to the lot lines. The applicant will provide additional information as part of the general plan review to determine if the building to building setback requirements will be met. Minor adjustments to the building setbacks may be required to comply with the PUD section of the Zoning Ordinance. Traffic. The applicant should provide projected vehicle count information for the proposed development. The City Engineer will require additional information and analysis of how the development will affect the traffic on Oakgreen Avenue and 58th Street, as well as the proposed Novak Avenue. The applicant should provide this information for Planning Commission review. Tree Preservation/Landscaping. The applicant has provided preliminary information on existing tree coverage and a landscape plan. The existing conditions map indicates the tree masses that would be removed to accommodate the development. The City Arborist will review the detailed tree preservation plans and landscape plans as part of general plan of development review. The City Arborist advises that 9 different species of maple creates an ecological monoculture which is susceptible to disease devastation. As part of the general plan stage, the applicant will be required to tabulate an inventory of existing trees, calculate a tree replacement list and reduce the number of maple species proposed. Park. The applicants have provided a small park area in Phase 2 that would be owned and maintained by the homeowners association. More detailed plans of the park would be required for general plan of development review. Grading and Drainage. The City Engineer will comment on any issues with the plan at development stage. A separate conditional use permit has been submitted for temporary stockpile storage of topsoil and granular particles. This application will be reviewed in a separate planning report. Utilities. A utility plan has been submitted. The utility plans will be subject to City Engineer review and approval at the general plan of development stage. Parking. Two spaces within an enclosed garage are provided per unit. Forty nine (49) guest parking spaces are proposed in various locations throughout the development; 29 parking spaces in Phase 1 and 20 parking spaces in Phase 2. The plans also allow for 20 feet of driveway in front of each garage door. To be consistent with the City Engineers recommendation, the driveways need to be 22 feet and the private streets 28 feet. Parking on one side of the street could be allowed on a 28 foot roadway. Architectural Appearance. The application materials include preliminary drawings of the proposed townhome and four-plex units. The structures are basic townhome row units with small porches, varying roof lines with brick and lap siding. The four-plex housing units lack architectural detail as they portray extensive horizontality and no 6 change in material. The Planning Commission and City Council should comment in general on these changes for the more complete review that will be done as part of the general plan of development review. Development Contract. The applicant will be required to enter into a development contract with the City should approval of the concept plan and general plan of development be granted. As part of the contract, the provisions for street and utility construction, as well as payment for area changes, would be included. The contract will specify conditions of approval and issues related to phasing the development. RECOMMENDATION / CONCLUSION As part of its review, the Planning Commission should first look at the Comprehensive Plan and determine from the goals and plans what is the most appropriate development for this property. Previous plans have indicated a residential component for this area, but commercial developments may also be appropriate. If residential use is preferred for this property, it should be noted that this is the last large parcel in the City that will accommodate that type of development. The City should and can be selective in the type of development that it would allow there. The current plan provides significantly more open space and is less dense than previous plans. The primary issue may be the significant system of private roads that will be required for this plan. If the Planning Commission is favorable to the concept plan, it could be recommended to the City Council with the following conditions: 1 B-4 District standards are compliant with the proposed project application. 2. The applicant provides a property appraisal, acceptable to the City Attorney to calculate park dedication. 3. The plat shall dedicate right-of-way for Novak Avenue, 59th Street, and Oakgreen Avenue as required by the City Engineer and City Attorney. 4. The Planning Commission and City Council should discuss the need for and the timing of 59th Street as part of the discussions of the concept plan. 5. The Planning Commission and City Council should comment on the design of Novak Avenue including screening, landscaping and berms that may be required. 6. The Planning Commission and City Council should comment on the acceptability of the private street network for this development. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 7 8. The Planning Commission and Park Commission should comment on the proposed private and public trail system. 9. All required setbacks to conform with zoning and wetland ordinance requirements shall be incorporated in the general plan of development. 10. All perimeter units must maintain a 20 foot setback to the lot lines. 11. The applicant shall provide vehicle count information and projections as required by the City Engineer. 12. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. 13. Detailed park plans will be required for general plan of development review. 14. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 15. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 16. The Planning Commission and City Council should comment on the need for upgrades to Oakgreen Avenue as part of this development. M 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 TIM NOLDE, REPRESENTING ANCHOBAYPRO INC. AND VALLEY SENIOR SERVICES ALLIANCE, FOR A REVISED PUD CONCEPT PLAN FOR THAT AREA WEST OF OAKGREEN AVENUE AND NORTH OF 58TH STREET FOR A TOTAL OF 67 RESIDENTIAL UNITS AS PART OF A FIRST PHASE OF THE OAKGREEN VILLAGE DEVELOPMENT SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a revised PUD concept plan for that area west of Oakgreen Avenue and north of 58"' Street for a total of 67 residential units as part of a first phase of the Oakgreen Village development; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned B-4, Limited Business District which allows for residential development as a conditional use. The Oakgreen Village development is proposed as a planned unit development; and 4. City staff prepared a planning report dated March 2, 2006 reviewing the request for the concept plan of development; and 5. The March 2, 2006 planning report recommended approval of the concept plan of development subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their March 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a revised PUD concept plan for that area west of Oakgreen Avenue and north of 58`x' Street for a total of 67 residential units as part of a first phase of the Oakgreen Village development and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to the following conditions: 1. B-4 District standards are compliant with the proposed project application. 2. The applicant provides a property appraisal, acceptable to the City Attorney to calculate park dedication. 3. The plat shall dedicate right-of-way for Novak Avenue, 59"' Street, and Oakgreen Avenue as required by the City Engineer and City Attorney. 4. The Planning Commission recommends that the City acquire the right-of-way for 59"' Street as part of the Oakgreen Village plat but not construct the roadway at this time. 5. The Planning Commission is favorable to the design of Novak Avenue including the screening, landscaping, and berms proposed on the preliminary plans. 6. The Planning Commission recommends a public street network for this development. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 8. The Park Commission should comment on the proposed private and public hail system. 9. All required setbacks to conform with zoning and wetland ordinance requirements and shall be incorporated in the general plan of development. 10. All perimeter units must maintain a 20 foot setback to the lot lines. 2 11. The applicant shall provide vehicle count information and projections as required by the City Engineer. 12. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. 13. Detailed park plans will be required for general plan of development review. 14. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 15. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. Recommended by the Planning Commission of the City of Oak Park Heights this 9th day of March 2006. ATTEST: Eric A. Johnson, City Administrator Mike Runk, Chair 3 Folz, Freernan, N LAND PL.ANNIN TTS ATTACHMENT A Erickson, .Inc. G + SURVEYING # ENGINEERING Oakgreen Village Preliminary Plat - Legal Description (Legal Description of Property Surveyed Taken by Boundary Survey of Kurth Surveying, Inc. January 31, 2002.) All of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County Minnesota, except the following: All that part of the North Half of the Southeast Quarter of the Northeast QVarter of Section 5. Township 29. Range 20. described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence North along the East line thereof 560 feet to the point.of beginning of this description: thence Westerly at right angles to the last described line 200 feet to a point: thence North and parallel with the East line of the Southeast Quarter of the Northeast Quarter. 100 feet to a point on the North line of said Southeast Quarter of the Northeast Quarter: thence East along said North line 200 feet to the East line of said Southeast Quarter of the Northeast Quarter: thence South along said East line 100 feet to the point of beginning of this description. And except: That part of the North Half of the Southeast Quarter of the Northeast Quarter described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence north along East line thereof. 182 feet to the point of beginning of this description: thence continue Northerly along said East line 218 feet to a point: thence West and perpendicular to last described line 200 feet to a point: thence South and parallel with the East line of said Southeast Quarter of the Northeast Quarter 218 feet to a point: thence East and perpendicular to last described line 200 feet to the point of beginning. Together with: Tracts A and B. Registered Land Survey No. 114 Also together with: That part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the East line of the said Northeast Quarter of the Northeast Quarter. 472 feet North of the Southeast corner thereof: thence West on a line parallel with the South line thereof. 275 feet to a point: thence North on a line parallel with the East line thereof. 110 feet to a point. thence Easton aline parallel with the South line thereof. 275 feet to a point on the East line thereof- thence South on the East line thereof 110 feet to the point of beginning. 1 of 2 Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29�, Range 20. Washington County, Minnesota described as follows: Beginning at a point on the east line of said Northeast Quarter of the Northeast Quarter. 242.00 feet north of the southeast corner thereof. thence west on a line parallel with the south line thereof. 150.00 feet to a point: thence north on a line parallel with the east line thereof 115.00 to a point: thence east on a line parallel with the south line thereof 150.00 feet to a point on the east line. thereof: thence south on. the east line thereof ,115.00 feet to the point of beginning. Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County, Minnesota described as follows: Beginning at a point 242.00 feet north of the south line of said Northeast Quarter of the Northeast Quarter. and 150.00 feet west of the east line of said 'Northeast Quarter of the Northeast Quarter: thence west on a line parallel with the south line of said Northeast. Quarter of the Northeast Quarter. 125.00 feet to a point: thence north on a line parallel to the east line thereof. 115.00 feet to a point: thence east on a line parallel with the south line thereof. 125.00 feet to a point: thence south on a line parallel with the east line thereof 115.00 feet to the point of beginning. Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County, Minnesota described as follows: Beginning at the southeast comer thereof and run thence west along the south line thereof. 150.00 feet to a point: thence north on a line parallel with the east line thereof. 80.00 feet to a point: thence East on a line parallel with the south line thereof. 150.00 feet to a point on the east line thereof. thence south 80.00 feet to the point of beginning. Also together with: All that part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the south line of said Northeast Quarter of the Northeast Quarter. 385 feet to West of the South East corner thereof. thence North on a line parallel with the East line thereof. 80 feet to a point: thence East on a line parallel with South line thereof. 225 feet to a point: thence South on a line parallel with the East line thereof. 80 feet to the South line thereof: thence West on the South line thereof. 225 feet to the point of beginning. Outlot A, B OUTWELLS LANDING, according to the plat on file and of record in the Office of the County Recorder, Washington County, Minnesota. 2 of 2 ATTACHMENT B Planned Unit Development (PUD): Revised Concept Plan OAKGREEN VILLAGE Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11 X1 7 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: March 9, 2006 Required Approvals: Planning Commission City Council PUD: General Concept 4/5 4/5 PUD: General Concept — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and/or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC. AND VALLEY SENIOR SERVICES ALLIANCE, FOR A PUD CONCEPT PLAN FOR THAT AREA WEST OF OAKGREEN AVENUE AND NORTH OF 58TH STREET FOR A TOTAL OF 67 RESIDENTIAL UNITS AS PART OF A FIRST PHASE OF THE OAKGREEN VILLAGE DEVELOPMENT BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a PUD concept plan for that area west of Oakgreen Avenue and north of 58h Street for a total of 67 residential units as part of a first phase of the Oakgreen Village development; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned B-4, Limited Business District which allows for residential development as a conditional use. The Oakgreen Village development is proposed as a planned unit development; and 4. City staff prepared a planning report dated March 2, 2006 reviewing the request for the concept plan of development; and 5. The March 2, 2006 planning report recommended approval of the concept plan of development subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their March 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a PUD concept plan for that area west of Oakgreen Avenue and north of 58th Street for a total of 67 residential units as part of a first phase of the Oakgreen Village development and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. B-4 District standards are compliant with the proposed project application. 2. The applicant provides a property appraisal, acceptable to the City Attorney to calculate park dedication. 3. The plat shall dedicate right-of-way for Novak Avenue, 591h Street, and Oakgreen Avenue as required by the City Engineer and City Attorney. 4. The City Council resolves that the City acquire the right-of-way for 59th Street as part of the Oakgreen Village plat but not construct the roadway at this time. 5. The City Council is favorable to the design of Novak Avenue including the screening, landscaping, and berms proposed on the preliminary plans. 6. The City Council shall discuss a public street versus private street network for this development. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. The Park Commission should comment on the proposed private and public trail system. 9. All required setbacks to conform with zoning and wetland ordinance requirements and shall be incorporated in the general plan of development. 10. All perimeter units must maintain a 20 foot setback to the lot lines. 2 11. The applicant shall provide vehicle count information and projections as required by the City Engineer. 12. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. 13. Detailed park plans will be required for general plan of development review. 14. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 15. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. Approved by the City Council of the City of Oak Park Heights this 28th day of March 2006. ATTEST: Eric A. Johnson, City Administrator David Beaudet, Mayor 3 ATTACHMENT A Folz, Freeman, Eri.cks Inc. LAND PLANNING " SURVEYING + ENGINhh"-LNU Oakgreen Village Preliminary Plat -- Legal. Description (Legal Description of Property Surveyed Taken by Boundary Survey of Kurth Surveying, Inc. January 31, 2002.) All of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29. Range 20. Washington County Minnesota, except the following: All that part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20: described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence North along the East line thereof 560 feet to the point of beginning of this description: thence Westerly at right angles to the last described line 200 feet to a point: thence North and parallel with the East line of the Southeast Quarter of the Northeast Quarter. 100 feet to a point on the North line of said Southeast Quarter of the Northeast Quarter: thence East along said North line 200 feet to the East line of said Southeast Quarter of the Northeast Quarter: thence South along said East line 100 feet to the point of beginning of this description. And except: That part of the North Half of the Southeast Quarter of the Northeast Quarter described as follows. Commencing at the Southeast comer of said North Half of the Southeast Quarter of the Northeast Quarter: thence north along East line thereof. 182 feet to the point of beginning of this description: thence continue Northerly along said East line 218 feet to a point: thence West and perpendicular to last described line 200 feet to a point: thence South and parallel with the East line of said Southeast Quarter of the Northeast Quarter 218 feet to a point: thence East and perpendicular to last described line 200 feet to the point of beginning. Together with: Tracts A and B. Registered Land Survey No. 114 Also together with: That part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the East line of the said Northeast Quarter of the Northeast Quarter. 472 feet North of the Southeast corner thereof: thence West on a line parallel with the South line thereof. 275 feet to a point: thence North on a line parallel with the East line thereof 110 feet to a point. thence Easton a line parallel with the South line thereof. 275 feet to a point on the East line thereof: thence South on the East line thereof 110 feet to the point of beginning. Also together with. That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29�, Range 20. Washington County, Minnesota described as follows: Beginning at a point on the east line of said Northeast Quarter of the Northeast Quarter. 242.00 feet north of the southeast corner thereof. thence west on a -line parallel with the south line thereof. 150.00 feet to a point: thence north on a line parallel with the east line thereof. 115.00 to a point: thence east on a line parallel with the south line thereof. 150.00 feet to a point on the east line. thereof: thence south on the east line thereof.,115.00 feet to the point of beginning. Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County, Minnesota described as follows: Beginning at a point 242.00 feet north of the south line of said Northeast Quarter of the Northeast Quarter. and 150.00 feet west of the east line of said 'Northeast Quarter of the Northeast Quarter: thence west on a line parallel with the south line of said Northeast, Quarter of the Northeast Quarter. 125.00 feet to a point: thence north on a line parallel to the east line thereof 115.00 feet to a point: thence east on a line parallel with the south line thereof 125.00 feet to a point: thence south on a line parallel with the east line thereof 115.00 feet to the point of beginning. Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20., Washington County, Minnesota described as follows: Beginning at the southeast corner thereof and run thence west along the south line thereof. 150.00 feet to a point: thence north on a line parallel with the east line thereof. 80.00 feet to a point: thence East on a line parallel with the south line thereof. 150.00 feet to a point on the east line thereof: thence south 80.00 feet to the point of beginning. Also together with: All that part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the south line of said Northeast Quarter of the Northeast Quarter. 385 feet to West of the South East corner thereof: thence North on a line parallel with the East line thereof. 80 feet to a point: thence East on a line parallel with South line thereof. 225 feet to a point: thence South on a line parallel with the East line thereof. 80 feet to the South line thereof: thence West on the South line thereof. 225 feet to the point of beginning. Outlot A, B OUTWELLS LANDING, according to the plat on file and of record in the Office of the County Recorder, Washington County, Minnesota. 2 of 2 Planned Unit Development (PUD): Concept Plan OAKGREEN VILLAGE Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11 X1 7 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: March 9, 2006 Required Approvals: PUD: General Concept Planning Commission City Council 4/5 4/5 PUD: General Concept — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and/or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) E'V(XU6VR* 1, .R Oak Park Heights Request for Council Action Meeting Date March 28th 2006 Time Required: 10 minutes Agenda Item Title: Oakgreen Village Area — Conditional Use Permit - Filling & Grading Agenda Placement Originating Requester's Signature Action Requested Background/Justification bodies have advised): See the following attachments: indicate if any previous action has been taken or if other public 1. Planner's Report from Scott Richards 2. Final Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@1nacplanning.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: March 3, 2006 RE: Oak Park Heights — Oakgreen Village - Conditional Use Permit for Placement of Fill in the Area Located North of 58th Street and West of Oakgreen Avenue FILE NO: 798.02 — 04.17 BACKGROUND As part of the Oakgreen Village project, the applicant has proposed a stockpile of top soil and granular material within the second phase portions of the project. The material will be taken from the grading activities of the CSM/Lowe's project that will start this Spring. This is being addressed as a separate conditional use permit in that the applicant requests to stockpile the fill even if the Oakgreen Village project is not approved. The Zoning Ordinance requires a conditional use permit for any mining or stockpiling of more than 50 cubic yards of material. Attached for reference: Exhibit 1: Grading Stockpile Plan (North) Exhibit 2: Grading Stockpile Plan (South) Exhibit 3: Erosion Control Plan and Notes ANALYSIS Proposed Project. Approximately 40,000 cubic yards of topsoil and an equal amount of granular material are proposed to be moved from the CSM/Lowe's project into the proposed areas this Spring. The fill areas include an area to the north of Xcel power easement and the second within an area just west of the single family homes along Oakgreen Avenue. The northerly stockpile will be approximately 10 feet in height from the lowest point on the property and the easterly pile 16 feet in height. The stockpiles will be surrounded with a double row of heavy duty silt fencing. The stockpiles are proposed to remain until such time as these areas are proposed for development. City Engineer's Review. The plans have been submitted to the City Engineer for his review. The City Engineer will comment on any drainage/runoff issues. Seeding/Landscaping. The City will request that the stockpiles be seeded and landscaped within 60 days from their placement on site. A landscape plan and specifications for seeding shall be provided by the applicant. CONCLUSION/RECOMMENDATION Staff recommends approval of the conditional use permit for stockpiling of fill in properties north of 58th Street and west of Oakgreen Avenue subject to the following conditions: 1. The fill material, upon its placement, shall be immediately surrounded by silt fencing as provided in the plans submitted as part of this application. 2. The fill material shall be limited to those areas and elevations as provided in the plans submitted as part of this application. 3. The plans shall be subject to review and approval of the City Engineer. 4. The fill should be moved and final graded within 30 days following commencement of activity at either site. Seeding and landscaping shall be completed within 45 days from commencement of fill activity at either site. A landscape plan and specifications for seeding shall be provided by the applicant and approved by the City prior to the movement of any fill material onto the site. 5. Any other conditions of City staff, Planning Commission, and City Council. 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 TIM NOLDE, REPRESENTING ANCHOBAYPRO INC. AND VALLEY SENIOR SERVICES ALLIANCE, FOR A CONDITIONAL USE PERMIT TO STOCKPILE TOP SOIL AND GRANULAR MATERIAL WITHIN THAT AREA KNOWN AS OAKGREEN VILLAGE, WEST OF OAKGREEN AVENUE AND NORTH OF 58TH STREET SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a conditional use permit to stockpile top soil and granular material within that area known as Oakgreen Village, west of Oakgreen Avenue and north of 58th Street; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned B-4, Limited Business District. A conditional use permit is required for any mining or stockpiling of more than 50 cubic yards of material; and 4. City staff prepared a planning report dated March 3, 2006 reviewing the request for the conditional use permit; and 5. The March 3, 2006 planning report recommended approval of the conditional use permit subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their March 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a conditional use permit to stockpile top soil and granular material within that area known as Oakgreen Village, west of Oakgreen Avenue and north of 58th Street and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to the following conditions: The fill material, upon its placement, shall be immediately surrounded by silt fencing as proposed in the plans submitted as part of this application. 2. The fill material shall be explicitly limited to those areas and elevations as approved by the City Council. Any variance from the plan shall be approved in writing by the City Engineer. 3. The plans shall be subject to review and approval of the City Engineer. 4. The fill shall be moved and final graded within 30 days following commencement of activity at either site. Seeding and landscaping shall be completed within 45 days from commencement of fill activity at either site. A landscape plan and specifications for seeding shall be provided by the applicant and approved by the City prior to the movement of any fill material onto the site. 5. The applicant shall provide a dust containment plan, prior to the movement of any fill material onto the site, subject to review and approval of the City Engineer. 6. The applicant shall provide a security in the form of a letter of credit in the amount of $20,000 for completion of all conditional use permit conditions within one year of City Council approval and subject to the approval of the City Engineer. 7. The drainage plan shall be revised, subject to review and approval of the City Engineer, to incorporate changes so as to eliminate runoff onto Oakgreen Avenue properties. 8. The applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during fill excavation and placement to ensure that there are not findings of inappropriate buried material or containments. Should any 2 inappropriate materials be found during excavation, all work shall cease and the City shall be immediately notified. Upon completion of excavation, the specialist will provide written comments to the City that no inappropriate, inconsistent or hazardous materials were found. Recommended by the Planning Commission of the City of Oak Park Heights this 9th day of March 2006. ATTEST: Eric A. Johnson, City Administrator Mike Runk, Chair 3 ATTACHMENT A -Folz, Freeman, Ericks®n, .bice N LAND PLANNING + SURVEYING + ENGINEERING W�E 1 5 *** LOCATION TO BE DETERMINED FROM FOLLOWING LEGAL AREA DESCRIBED *** Oakgreen Village Preliminary Plat - Legal Description (Legal Description of Property Surveyed Taken by Boundary Survey of Kurth Surveying, Inc. January 31, 2002.) All of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29. Range 20. Washington County Minnesota, except the following: All that part of the North Half of the Southeast Quarter of the Northeast Qarter of Section 5. Township 29. Range 20: described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence North along the East line thereof 550 feet to the point.of beginning of this description: thence Westerly at right angles to the last described line 200 feet to a point: thence North and parallel with the East line of the Southeast Quarter of the Northeast Quarter. 100 feet to a point on the North line of said Southeast Quarter of the Northeast Quarter: thence East along said North line 200 feet to the East line of said Southeast Quarter of the Northeast Quarter: thence South along said East line 100 feet to the point of beginning of this description. And except: That part of the North Half of the Southeast Quarter of the Northeast Quarter described as follows: Comnmencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence north along East line thereof. 182 feet to the point of beginning of this description: thence continue Northerly along said East line 218 feet to a point: thence West and perpendicular to last described line 200 feet to a point: thence South and parallel with the East line of said Southeast Quarter of the Northeast Quarter 218 feet to a point: thence East and ` perpendicular to last described line 200 feet to the point of beginning. Together with: Tracts A and B. Registered Land Survey No. 114 Also together with: That part of the Northeast Quarter of the Northeast Quarter described as follows: B eginning at a point on the East line of the said Northeast Quarter of the Northeast Quarter. 472 feet North of the Southeast comer thereof: thence West on a line parallel with the South line thereof. 275 feet to a point: thence North on a line parallel with the East line thereof. 110 feet to a point. thence East on a line parallel with the South line thereof. 275 feet to a point on the East line thereof: thence South on the East line thereof 110 feet to the point of beginning. Also together with: ,That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29%, Range 20. Washington County, Minnesota described as follows: Beginning at a point on the east line of said Northeast Quarter of the Northeast Quarter. 242.00 feet north of the southeast corner thereof. thence west on a line parallel with the south line thereof. 150.00 feet to a point: thence north on a line parallel with the east line thereof. 115.00 to a point: thence east on aline parallel with the south line thereof. 150.00 feet to a point on the east line. thereof: thence south on the east line thereof ' 115.00 feet to the point of b eginning. .Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County, Minnesota described as follows: Beginning at a point 242.00 feet north of the south line of said Northeast Quarter of the Northeast Quarter. and 150.00 feet west of the east line of said 'Northeast Quarter of the Northeast Quarter: thence west on a line parallel with the south line of said Northeast. Quarter of the Northeast Quarter. 125.00 feet to a point: thence north on a line parallel to the east line thereof. 115.00 feet to a point: thence east on a line parallel with the south line thereof 125.00 feet to a point: thence south on a line parallel with the east line thereof 115.00 feet to the point of beginning. Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29, Range 20. Washington County, Minnesota described as follows: Beginning at the southeast corner thereof and run thence west along the south line thereof. 150.00 feet to a point: thence north on a line parallel with the east line thereof. 80.00 feet to a point: thence East on a line parallel with the south line thereof. 150.00 feet to a point on the east line thereof: thence south 80.00 feet to the point of beginning. Also together with: All that part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the south line of said Northeast Quarter of the Northeast Quarter. 385 feet to West of the South East corner thereof: thence North on a line parallel with the East line thereof 80 feet to a point: thence East on a line parallel with South line thereof. 225 feet to a point:- thence oint;thence South on a line parallel with the East line thereof. 80 feet to the South line thereof: thence West on the South line thereof. 225 feet to the point of beginning. Outlot A, BOUTWELLS LANDING, according to the plat on file and of record in the Office of the County Recorder, Washington County, Minnesota. 2 of 2 ATTACHMENT B Conditional Use Permit Oakgreen Village Fill Placement in Area Located N. of 59th St. and W. of Oakgreen Ave. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: June 9, 2005 Required Approvals: CUP City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC. AND VALLEY SENIOR SERVICES ALLIANCE, FOR A CONDITIONAL USE PERMIT TO STOCKPILE TOP SOIL AND GRANULAR MATERIAL WITHIN THAT AREA KNOWN AS OAKGREEN VILLAGE, WEST OF OAKGREEN AVENUE AND NORTH OF 58TH STREET BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a conditional use permit to stockpile top soil and granular material within that area known as Oakgreen Village, west of Oakgreen Avenue and north of 58"' Street; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is zoned B-4, Limited Business District. A conditional use permit is required for any mining or stockpiling of more than 50 cubic yards of material; and 4. City staff prepared a planning report dated March 3, 2006 reviewing the request for the conditional use permit; and 5. The March 3, 2006 planning report recommended approval of the conditional use permit subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their March 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a conditional use permit to stockpile top soil and granular material within that area known as Oakgreen Village, west of Oakgreen Avenue and north of 58t" Street and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The fill material, upon its placement, shall be immediately surrounded by silt fencing as proposed in the plans submitted as part of this application. 2. The fill material shall be explicitly limited to those areas and elevations as approved by the City Council. Any variance from the plan shall be approved in writing by the City Engineer. 3. The plans shall be subject to review and approval of the City Engineer. 4. The fill shall be moved and final graded within 30 days following commencement of activity at either site. Seeding and landscaping shall be completed within 45 days from commencement of fill activity at either site. A landscape plan and specifications for seeding shall be provided by the applicant and approved by the City prior to the movement of any fill material onto the site. 5. The applicant shall provide a dust containment plan, prior to the movement of any fill material onto the site, subject to review and approval of the City Engineer. 6. The applicant shall provide a security in the form of a letter of credit in the amount of $20,000 for completion of all conditional use permit conditions within one year of City Council approval and subject to the approval of the City Engineer. 7. The drainage plan shall be revised, subject to review and approval of the City Engineer, to incorporate changes so as to eliminate runoff onto Oakgreen Avenue properties. 8. The applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during fill excavation and placement to ensure that there are not findings of inappropriate buried material or containments. Should any 2 inappropriate materials be found during excavation, all work shall cease and the City shall be immediately notified. Upon completion of excavation, the specialist will provide written comments to the City that no inappropriate, inconsistent or hazardous materials were found. Approved by the City Council of the City of Oak Park Heights this 28th day of March 2006. ATTEST: Eric A. Johnson, City Administrator David Beaudet, Mayor 3 ` Q 1 ATTACH A Folz, Freeman., Ericks®ri., .Inc. n LAND PLANNING + SURVEYING t ENGINEERING *** LOCATION TO BE DETERMINED FROM FOLLOWING LEGAL AREA DESCRIBED *** oakgreen Village Preliminary Plat - Legal Deseription (Legal Description of Property Surveyed Taken by Boundary Survey of Kurth Surveying, Inc, January 31, 2002.) All of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County Minnesota, except the following: All that part of the North Half of the Southeast Quarter of the Northeast Qarter of Section 5. Township 29. Range 20: described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence North along the East line thereof 560 feet to the point of beginning of this description: thence Westerly at right angles to the last described line 200 feet to a point: thence North and parallel with the East line of the Southeast Quarter of the Northeast Quarter. 100 feet to a point on the North line of said Southeast Quarter of the Northeast Quarter: thence East along said North line 200 feet to the East line of said Southeast Quarter of the Northeast Quarter: thence South along said East line 100 feet to the point of beginning of this description. " And except: That part of the North Half of the Southeast Quarter of the Northeast Quarter described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence north along East line thereof 182 feet to the point of beginning of this description: thence continue Northerly . along said East line 218 feet to a point: thence West and perpendicular to last described line 200 feet to a point: thence South and parallel with the East line of said Southeast Quarter of the Northeast Quarter 218 feet to a point: thence East and perpendicular to last described line 200 feet to the point of beginning. Together with: Tracts A and B. Registered Land Survey No. 114 Also together with: That part of the Northeast Quarter of the Northeast Quarter described as follows: B eginning at a point an the East line of the said Northeast Quarter of the Northeast Quarter. 472 feet North of the Southeast comer thereof: thence West on a line parallel with the South line thereof. 275 feet to a point: thence North on a line parallel with the East line thereof. 110 feet to a point, thence Easton a line parallel with the South line thereof. 275 feet to a point -on the East line thereof: thence South on the East line thereof 110 feet to the point of beginning, Also together with: .That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County, Minnesota described as follows: B eginnin.g at a point on the east line of said Northeast Quarter of the Northeast Quarter. 242.00 feet north of the southeast corner thereof. thence west on a dine parallel with the south line thereof. 150.00 feet to a point: thence north on a line parallel with the east line thereof. i 15.00 to a point: thence east on a line parallel with the south line thereof. 150.00 feet to a point on the east line. thereof: thence south on'. the east line thexeof.115.00 feet to the point of beginning. Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section -5. Township 29, Range 20. Washington County, Minnesota described as follows: Beginning at a point 242.00 feet north of the south line of said Northeast Quarter of the Northeast Quarter. and 150.00 feet west of the east line of said 'Northeast Quarter of the Northeast Quarter: thence west on a line parallel with the south line of said Northeast. Quarter of the Northeast Quarter. 125.00 feet to a point: thence north on a line parallel to the east line thereof. 115.00 feet to a point: thence east on a line parallel with the south line thereof 125.00 feet to a point: thence south on a line parallel with the east line thereof 115.00 feet to the point of beginning. Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20.Washington County, Minnesota described as follows: Beginning at the southeast corner thereof and run thence west along the south line thereof. 150.00 feet to a point: thence north on a line parallel with the east line thereof. 80.00 feet to a point: thence East on a line parallel with the south line thereof 150.00 feet to a point on the east line thereof. thence south 80.00 feet to the point of beginning. Also together with: .All that part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the south line of said Northeast Quarter of the Northeast Quarter. 385 feet to West of the South East corner thereof: thence North on a line parallel with the East line thereof. 80 feet to a point: thence East on a line parallel with South line thereof. 225 feet to a point:. thence South on a line parallel with the East line thereof. 80 feet to the South line thereof: thence West on the South line thereof. 225 feet to the point of beginning. Outlot A, B OUTWELLS LANDING, according to the plat on file and of record in the Office of the County Recorder, Washington County, Minnesota. 2 of 2 Conditional Use Permit Oakgreen Village Fill Placement in Area Located N. of 59th St. and W. of Oakgreen Ave. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: June 9, 2005 Required Approvals: CUP City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) �P; , NGLC,-A3,UK-Uk -Iwz� Oak Park Heights Request for Council Action Meeting Date March 28th 2006 Time Required: 10 minutes Agenda Item Title: Receive Bids and Award Contract for Novak Avenue North and Norwich Avenue North Utility and Street Improvements Agenda Placement: New B Originating Department/Requestor Dennis Postler, City Engineer 7 Requester's Signature Action Requested Receive bids and award contract Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): A bid opening was held at 11:00 a.m. on Friday, March 24t1i at City Hall. A handwritten tabulation is attached; a more detailed tabulation and recommendation will be provided at the Council meeting. 111 m CD i y > >;o m �oar� In O O O s b b n ID � � o . O COD Oop�.�Ooc � 0 Q x �CD Do cn O A o O 0 CD CPCD h o N .P o x C'o N s O CD c Q4 4351 a. o z� o o cn O n n N O n CD r51 CD 2 CD z 0 s�. a A &VN n N C 0 N CD CD 5 CD cn b O CD 0 `ap (� a 1100 W IJ I, o r VJ 'b+ oul�o � 06 o o• fl � o Z N CD CD CD Ln o %Jl o 00 00 00 q-.4 -' .t oa CD a S O "� Vi •- rt t✓ r O o � J vi � Z�-� ►°�� p�° C -D 111 m CD i y r.+ sAn > >;o m �oar� In O O O s nrD�rD (D n ID � � o . O r.+ sAn o z �C�p— o . Oop�.�Ooc � 0 Q x �CD Do cn O A o O 0 h o N .P x N s O Q4 a. z� o o CD 2 CD z 0 a C 0 CD CD 5 CD cn b O CD 0 ww 44 Oak Park Heights Request for Council Action Meeting Date March 28, 2006 Agenda Item Title Authorization to Bid the 2006 Street Seal Coating Project Time Required 5 min Agenda Placement New Business Originating Department/Requestor Puohq Works Director / Tom Ozzello Requester's Signature Action Requested Authorization to Advertise Evaluate and Recommend Contractors for selection by Council to complete the 2006 Street Seal Coating Project Background/Justification The City of Oak Park Heights has a street maintenance plan that has identified road surfaces that should be restored this year. The attached Street Management Plan Map identifies this area in a yellow color and includes areas south of and east of city hall. The restoration includes a new seal coat consisting of asphalt and rock chips. Seal Coating reseals the top surface to keep damaging water from penetrating the roadway and restore the wear surface of the road. This type of work has well documented positive impacts in restoring and extending the life of the infrastructure in a cost effective manner. A separate contract authorization is requested at this same Council Meeting for crack sealing the roads prior to seal coating. The crack sealing work will also cover some areas of Park Trails and known problems so is being bid separate from the seal coat work. The Crack sealing work on the park trails can be combined with, though listed as a separate line item on the same contract. This may allow the city to benefit from a lower price to streets and to parks for the needed work due to the larger size of the project. Additionally, we are asking vendors to submit prices for additional areas of the City of Oak Park Heights that are not currently listed for seal coating in 2006. These areas are being evaluated for alternative treatments (slurry seal) and the effects of re -building delays. These areas include areas scheduled for reconstruction in 2004 and 2005 and are referred to as reconstruction areas B, D and E on the map. The vendors will be asked to add these areas as additional line items and be identified as alternative possibilities for bid purposes. This will allow us to view current and updated costs and allow the staff and council to continue the decision making process to address areas that are experiencing failures and significant projected repair costs. We are requesting Council authorization to advertise for and evaluate bids for a qualified contractor to supply this service. We will also contact other local government entities to see if they are doing similar work and if we could dovetail on a bigger contract through a cooperative agreement. The basis for the 2006 seal coat project is the street management plan map and 10/25/05 memo. Total funding for street projects in 2006 is $181,351. The scheduled Seal Coating and Crack filling work will use a significant amount of these funds. Remaining funds for street repair will be estimated and compared with available alternatives for Council review. Cost for asphalt based products has increased tremendously since our last project in 2004. We anticipate the $181,351 will be allocated as follows: Seal Coat and Crack Seal Yellow area $137,623 Slurry Seal options $ 24,970 Engineering Contingency and Inspection $ 18,758 TOTAL $181,351 After the costs and qualifications are evaluated, the package and recommendations will be presented at a future Council Meeting for consideration and potential contract award. Recommendation We request Council Authorization to proceed with advertising for and evaluating bids for Street Seal Coating for the 2006 Seal Coating Project. City of Oak Park Heights 14168 Oak Park Blvd N.• Box 2007 • Oak Park Heights, MN 55082 • (651) 439-4439 • Fax 439-0574 To: Eric Johnson From: Public Works Director, Tom O=ello CC: Council Members Date: October 25, 2005 Re: Street Repair / Postponement Options Many of the areas of the City of Oak Park Heights are in need of reconstruction. Though this would be the cost effective, long term solution for the permanent restoration of pavement, the high initial costs may require Council to provide temporary solutions for these permanent problems. In order to provide information to the Council on the current estimated costs for temporary measures for some areas of the city Staff has updated estimated costs for seal coating areas. Cost for road work has increased tremendously between 2004 and 2005 and there has been an even higher increase from the spring of 2005 to the fall of 2005. In order to provide quick estimated current costs staff has projected uniform costs for all areas considered. We have UU' estimated one foot of crack seal for each square yard of roadway and used the estimated square yards as previously C' `2) �? calculated for areas of the city identified on the color map. We also looked at a possible alternative (slurry seal) and ✓ -, postponement of the mill and overlay on Oren, 61't Sheet Court and Omaha. Here is the summary of estimated condition and then costs for plat ed sections. There are no engineering fees, contingency fees, or inflation factors in these numbers. 1. Mill and overlay areas — (orange dash) — Fair Base - except Omaha to 60`h 2. Constructed 92-95 — (yellow solid) — Good Base - seal coated in '01 — second Seal Coat originally plammed for '06 — postponement risk is not large 3. Reconstruct area B — (blue dash) — mostly Fair base with exceptions — Seal coat may last okay over major area but will deteriorate where base is bad 4. Reconstruct area D — (pink dash) — Poor Base - Seal coat will not last 5. Reconstruct area E — (green dash) — Poor Base — seal coat will not last Seal Coat Costs 1. (orange dash) — $ 11,946 Except Omaha to 600i— this sweet is in poor condition, should be upgraded to 9 ton and the costs considerations should include the frequent use by commercial bucks. 2. (yellow solid) — $137,623 3. (blue dash) — $ 25,398 4. (pink dash) — $105,317 5. (green dash) — $ 48,826 TREE CITY U.S.A. Slurry Seal Alternative — An alternative product (slurry seal) is being presented to the Council as a possible alternative to the costs associated with areas 1 (Oren area - orange) and 3 (upper 55'11 and 56`x` streets east of Osgood areas — blue). We received a quote of $24,970 for the preparation and coating of these areas by Struck and Irwin Paving. This process would cover these two areas that are estimated at a total of $37,344 for seal coating. If street reconstruction must be postponed, this may be a lower cost alternative for these areas, The Slurry Seal Company also looked at the other areas and said the condition of the roads was not conducive to thein product or seal coating. First, Public Works recommends the rebuilding of streets in accordance with the draft plan. If a low cost temporary alternative must be used instead, we would recommend the Slurry seal of selected streets above. This will mostly postpone further deterioration. The yellow area seal coat for 2006, particularly with the increase in costs, could be postponed for one additional year. The roads are in good shape -but must be maintained to keep them that way. Public works has no good alternative to recommend for the pink and green areas. Any temporary measures used in these areas will deteriorate quickly. The base in these areas will no longer support surface applications. Any work done will be cosmetic and not extend the life or limit additional work needed to keep the roads passable. Potholes, breaks in the pavement and the possibility of paved areas being removed during plowing operations will continue until the base is rebuilt and a new pavement layer is in place to protect the base. The slurry seal company is being contacted for an additional estimate for these areas and seal coat prices will be monitored. . .' U RX Oak Park Heights Request for Council Action Meeting Date March 28 2006 Agenda Item Title Authorization to solicit bituminous Street and Park Trail crack filling contract Time Required 2 min Agenda Placement New Business Originating Department/Requestor Public Works Director / Tom Ozzello Requester's Signature Action Requested Authorization to Solicit 2006 Asphalt Crack Filling Contract Background/Justification The City of Oak Park Heights has need for a contractor to provide crack sealing services on roads that are scheduled for seal coating in 2006. The City of Oak Park Heights also has areas on the Park Trail System that should have cracks sealed before damage to the base occurs. We believe we may receive a better price, on a per foot basis, by bidding these two projects as one, with separate line item costs for the Street repairs and for the Park Trail repairs. The solicitation will specify the costs be listed and bid separately but that, if both projects are awarded, the work on both areas can be done at the same time. Crack Sealing services are used to find, clean and fill cracks in the asphalt prior to a new overlay or seal coat or to re -seal a crack in the pathway. Establishing a fully sealed pavement keeps water out of the base and minimizes the damage done when water goes through the freeze thaw cycles that expand and break up the base and surface. Crack Filling is a cost effective way to extend the service life of roads and trails by maintaining the integrity of the base and surface. Streets has total funding of $181,351 for seal coating, crack sealing and other work for 2006. Seal coating is planned for the Yellow Section of our Street Management Plan Map. Crack sealing is needed in this area prior to Seal Coating. The estimated cost of seal coating this area included the crack sealing being done as part of the seal coat project and will use a significant amount of the available funding. We have separated the crack seal costs from the seal coat project to allow the addition of the trail system crack filling needs. The Parks Commission has discussed the high priority of funding crack sealing for trails. They have requested costs and information to allow them to make recommendations on priorities involving $118,074 in potential park project money to the Council. Their draft plan from the March 20, 2006 Park Commission Workshop Meeting is to reserve sufficient funds from the project money to crack seal trails and protect the trails for the long term. Recommendation We request Council Authorization to proceed with soliciting and evaluating service provider qualifications and costs to provide these services for the Streets and the Parks Systems. The evaluation results and costs of the needed services shall be established. This information will be shared with the Parks Commission and presented at a future Council Meeting for possible contract award. Ea¢ Oak Park Heights Request for Council Action Meeting Date March 28 2006 Agenda Item Title Authorization to solicit Slurry Seal Quotes Time Required 2 min Agenda Placement New Business Originating Department/Requestor Public Works Director/ Tom Ozzello Requester's Signature Action Requested Authorization to Solicit Slurry Seal Quotes Background/Justification The City of Oak Park Heights has a street maintenance plan that has suffered some set back in recent years due to funding and standards conflicts. Some areas in the city that have compromised coating for the roadways had been planned for reconstruction in 2004 or 2005. These areas must be protected from further deterioration until they can be replaced. Because of funding restraints, some areas in need of major rebuilding can not yet be addressed. We are looking at temporary alternatives that may allow the city to help protect the existing infrastructure until rebuilding work can be accomplished. One of the alternatives we would like to have the city evaluate is the possible use of Slurry Seal (a water based asphalt and aggregate emulsion) to potentially extend the limited time remaining before rebuilding must be done. Some of these options were discussed in a 10/25/05 memo. In order to present an evaluation and recommendation to the Council current prices must be obtained. We are requesting Council authorization to solicit at least two bids that can be used to see if this alternative should be considered. We have received quotes last year from one vendor to help estimate the potential costs. After the costs and benefits are evaluated, the package and recommendations will be presented to the Council for possible action. The vendors will be notified that these quotes are subject to evaluation before the city will accept or reject this type of alternative. There is need to solicit new prices and compare vendors and products to assure the city is choosing the best temporary option for the city needs. This service will be evaluated for areas that need reconstruction but may have a stable enough base to try to extend a few more years. Specifically we will look at areas B (Upper 55th and 56th St. East of Osgood) on the street management plan map and on Oren Avenue North of Hwy. 36 and 61St Street Court North. Other areas will have costs estimated but are not good candidates for this type of work. Funding for these Projects are part of the $181,351 dedicated for street repairs in 2006. It is anticipated the majority of these funds will be used for the scheduled 2006 seal coating project and crack sealing in the areas to be repaired. The slurry seal options and recommendations will be presented to the Council along with the calculation of remaining funds that may be available for use. Recommendation We request Council Authorization to proceed with soliciting prices and evaluating Slurry Seal as a potential option for the streets in Oak Park Heights. The results and costs shall be presented for consideration at a future Council Meeting.