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HomeMy WebLinkAbout01-22-08 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, JANUARY 22, 2008 CITY COUNCIL MEETING AGENDA 7 :00 P.M. 7:00 p.m. I. Call to Order /Pledge of Allet_Yiance /Approval of At,)cnda Estimated tilnes 7:05 p.m. 11. Department /Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Other Liaison /Staff reports 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.) 7:15 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — January 8, 2008 (2) C. Xcel Energy Request for a Permit Under City Ordinance 1110 (3) 7:20 p.m. V. Public Hearinis None 7:20 p.m. VI. Old Business A. City Hall Citizen's Advisory Committee (4) B. Park and Trail Improvements (5) C. Rental Housing Registration and Inspection Program (information in 1122108 worksession packet) 7:45 pan. VII. New Business A. first State Bank & Trust Donation to Police Department (6) B. Resolution for Sitting a Coal Combustion Waste Land (7) C. Appoint a Non - Voting Representative to the CVB Initial Board of Directors (8) D. W.A.T.E. Office Park Planned Unit Development Amendment and Site Plan Review (9) E. Parks Commission By -Laws (information in 1/22/08 worksession packet) 8:15 p.nl. VIII. Adiournment Page 1 of 46 This Page Is Left Intentionally Blank. F 1,h Page 2 of 46 Oak Park Heights .: Request for Council Action Meeting Date January 22. 2008 Agenda Item Recvchm- Award Time Required o Agenda Placement Visitors /Public Comment Originating Department / Requestor Administration /Jennifer Thoen Requester's Signature ,k. Vim" Action Requested Receive Information Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 3 of 46 ilk CITY OF OAK PARK HEIGHTS 14168 Oak park Boulevard No. • P.O. Bm 2007 • Oak Park Heights, MN 55082 -2007 • Phone': 651/439 -4439 • Fax: 651/439 -0574 January 17, 2008 T & J Levesque 1477456 1h St. North Oak Park Heights, MN 55082 Dear T & J Levesque: 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 detectors). Your residence was checked on Thursday, January 17, 2008 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; 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. Congratuas! Jeiinifer Thoen Administrative Secretary/Deputy Clerk E Tree City U.S.A. Page 4 of 46 Oak Park Heights Request for Council Action Meeting Date January 22, 2008 Agenda Item Approve City Council Minutes — January 8, 20o8 Time Required o Agenda Placement Consent Originating Department / Requestor ._ Administration /Jennifer Thoen ' Requester s Signature Action Requested A Drove Background/ Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 5 of 46 CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, JANUARY 8, 2008 CITY COUNCIL MEETING MINUTES L Call to Order /Pledge of Allegiance /Approval of ALFenda: 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 and City Attorney Vierling. Absent: City Engineer Postler and City Planner Richards. Mayor Beaudet added "Minnesota Association of Small Cities" as New Business Item B and "Dismissal Motion of Sierra Club Lawsuit" as New Business Item C. 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 Abrahamson reported that the next meeting of the Planning Commission will be on Thursday, January 17, B. Parks Commission: Councilmember McComber reported that the Parks Commission will meet on Monday, .January 28. C. Cable Commission. Councilmember Doerr reported that the next meeting of the Cable Commission will be on February 20 at 7:00 p.m. at the Access Center beginning with their annual meeting and continuing on with the regular meeting. D. Water Manap-ement Orp-anizations /Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix WMO's next meeting is on Thursday. January 10 at 7:00 p.m. at the Washington Conservation District Office. E. Other Liaison/Staff Reports: Mayor Beaudet reported that requests to participate in the Citizen's Committee regarding City I fall need to be submitted by January 11, 2008. He stated that applications are available at City Hall and on the City's website. III. Visitors /Public Comment: Recvclinv- Award: Administrative Secretary Thoen reported that Bonnie Polichnia of 5869 Oldfield Avenue North was chosen as the recycling award winner. Page 6 of 46 City Council Meeting Minutes January 8, 2008 Page 2 of 3 IV. Consent A genda: A. Approve Bills & Investments B. Approve City Council Minutes — December 27, 2007 C. Adopt Resolution Approving Professional Consultants for the City of Oak Park Heights in 2008 D. Adopt Resolutions Designating the Courier News and Stillwater Gazette as the City of Oak Park Heights' Official Newspapers E. Approve Resolution Designating 2008 Checking and Bank Depositories F. Approve 2008 Pay Equity Report and Submission Councilmember McComber, seconded by Councilmernber Doerr. moved to approve the Consent Agenda. Roll call vote taken. Carried 5 -0. V. Public Hearings: None VI. Old Business: None VII. New Business: A. Approve Avvointments for 2008: Mayor Beaudet presented Resolution 08 -01 -04 designating the appointments for 2008. Mayor Beaudet, seconded by Councilmember Doerr, moved to approve the Resolution. Roll call vote taken. Carried 5 -0. B. Minnesota Association for Small Cities: Councilmember McComber reported that she received a letter from the Minnesota Association for Small Cities stating that they have cut the dues in half for new memberships. Councilmember McComber, seconded by Mayor Beaudet, moved to approve an application for membership with fiends for dues coming from the council contingency fiend. Carried 4 -1, Abrahamson opposed. C. Dismissal Motion of Sierra Club Lawsuit: Mayor Beaudet stated that he received the Federal Government's Memorandum and Motion to Dismiss and has passed it on to the City Attorney. Councilmember Swenson, seconded by Mayor Beaudet, moved to direct the City Attorney to draft and execute a response to the document. Carried 5 -0. Page 7 of 46 City Council Meeting Minutes January 8, 2008 Page 3 of 3 VIII. Adiournment: Councilmember McCo3nber, seconded by Councilmember Doerr, moved to adjourn at 7:08 p.m. Carried 5 -0. Respectfully submitted, Approved as to Content and Form, Jennifer Thoen David 13eaudet Administrative Secretary /Deputy Clerk Mayor Page 8 of 46 Oak Park Heights Request for Council ,Action Meeting Date January 22, 2008 Time Required: 1 Minute, Agenda Item Title: Xcel Enerp-v Request for a Permit Under Citv Ordinance I I 10 Agenda Placement Consent Agyend Originating Department /Reque for /(s on, Citv Administrator Requester's Signature Action Requested Avorove Permit Request for 2008 Allowin, the Use of Explosives to De -Slag Boiler at Xcel King Plant. Background /Justification (P ease indicate if any previous action has been taken or if other public bodies have advised): Darrell Knutson from Xcel Energy has contacted the Cite regarding the RE- ISSUANCE OF A PERMIT to allow the use of explosives to "deslag" the boiler and other apparatus at the A.S. King Plant. City Ordinance 1I 0 requires that than City Council issue a permit prior to the use of any dynamite or other explosive device of this nature. Last year the City Council approved this in February and directed that f At re renewals, should be considered by stuff anal, if appropriate placed on the Consent Agenda. At this tinge, itaff is recommending re- issuance of the Permit subject to the teams and conditions as approved in 20070 Page 9 of 46 nerys 1103 King Plant Road Bayport, Minnesota 55003 -1000 To: City of Oak Park Heights / 14168 Oak Park Boulevard No. P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Re Xcel Energy Request for a Permit Renewal Under Ordinance 1110 Dear Council Members and City Staff, As Plant Director I am respectfully requesting a permit renewal for explosive cleaning activities; associated with boiler cleaning, for the A. S. King Plant, located in Oak Park Heights, MN. Plant management came before the Council on February 20, 2007 for the original issuance of this permit. At the meeting plant management was requested to submit, for approval, a written request annually that would be considered on the City of Oak Park Heights, Consent Agenda. As was mentioned at the February 20, 2007 meeting, the explosive cleaning cannot be heard outside of the plant proper. Explosive cleaning is performed under the strictest of supervision and in compliance with all Xcel Energy safety rules and regulations. All blasting contractors used for this service apply for and receive a Washington County Permit, which also runs on an annual basis. I am including with this request a copy of the current Explosive Cleaning Policy document that is in force and is issued to the contractor prior to cleaning activities occurring. This document has the contact information the contractor is required to comply with. I hope this meets the needs of the City and if there is any additional requirements or if you have any questions, please feel free to contact me. Sincerely, b Mark J. Fritsch, Plant Director 651- 731 -5703 Page 10 of 46 EXPLOSIVE CLEANING POLICY ALLEN S. KING PLANT 1103 King Plant Road Bayport, MN 55003 651- 731 -5743 (Duty Plant Production Supervisor) Purpose: To assure explosive cleaning events are in compliance with all governmental agencies and associated departments, i.e. fire, police and sheriff. To assure proper agencies are aware of activities to support the plant in the event of need. Practice and procedure: Before the explosive cleaning activities can begin the following notifications must be made and appropriate permits acquired. A. S. King plant holds a permit at the City of Oak Park Heights, MN, in accordance with city Blastinq Ordinance #1110. This plant permit runs annually from February 20 of each year. The plant procures the permit and the vendor is responsible for all required notifications. • This permit requires Citv of Oak Park Heights notification, a minimum of 48 hours in advance, of actual blastina event. Notification must include: 1. Name and address of the applicant (Vendor) 2. Scheduled time of blasting start 3. Expected duration of blasting event (in days and/or hours) 4. Copy of blasting service provider's safety procedures 5. Name and phone number of blasting service provider's contact person The contact information for the City of Oak Park Heights, MN is: Position of City Administrator: 651 - 439 -4439 (Currently held by Eric Johnson) Fax number: 651- 439 -0575 Mailing Address: 14168 Oak Park Boulevard N. P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Page 11 of 46 Washington County, MN requires every blasting contractor hired by A. S. King plant, for the purpose of explosive cleaning services acquire a permit. The permit obtained by the contractor is valid for one year from the date of issuance. The county requires a minimum of 10 days to complete background investigations to provide such a permit. All prospective blasting contractors should procure this permit in advance of accepting contract work. A copy of the County Ordinance, number: a120.05 is included at the end of this directive. Explosive Cleaning Vendor is Responsible for obtainincl this Permit. The point of Contact at the Washington County Sheriff's office is: Sgt. Brent Olson Patrol Division Phone: 651 - 430 -7883 Washington County Sheriff, general administration number is: 651- 430 -7600 ■ a■■■■■■ a a M $1 M w a■■■■ a■■ a■■■ a a M M M w a M a a■■ a■■ M M a M M M N a■■■■■ a■■ a a M M M M r a■■■■ 1 All A. S. Kina Plant Safety and Ooeratina procedures must be followed at all times. Appropriate signage, barriers and warning horn signals will be adhered to. Please coordinate explosive activities with the Safety Coordinator at King Plant. Safety Coordinator Telephone: 651- 731 -5710 Plant Office Fax number: 651 -731 -7305 Plant Mailing Address: A. S. King Plant 1103 King Plant Road Bayport, MN 55003 Contact Phone Numbers: Washinqton Countv Sheriff: 651 - 435 -7883, Cit of Oak Park Heiqhts Chief of Police: 651- 439 -4439 (non- emergenc Bavoort Fire Chief: 651- 275 -4401 (ext: 51 Additional Contact Numbers if needed: Plant Director: 651- 731 -5703 Manager of Engineering and Technical Support: 651 -731 -5707 Plant Production Supervisor on Duty: 651 - 731 -5743 Plant Shift Engineer on Duty: 651-731-5717 Plant Coordinator /Scheduler: 651 - 731 -5736 Page 12 of 46 ;!WASHINGTON Administration Division COUNTY k �3 �i EFFECTIVE DATE: NUMBER: OFFICE Al2o.os April 93 OF THE - ;ACCESS: Sheriff s DISTRIBUTION: A,P SHERIFF office Onl ..... -. ! POLICIES .. AND 'AUTHORITY: Sheriff James R. 'PROCEDURES Trudeau REFERENCE(S): MSS 299F.72 - E� 1 1 7 1 299F.78 'SUBJECT: EXPLOSIVES PERMITS F I. POLICY The Washington County Sheriff's Office shall process permits to acquire, store and use explosives. II. RESPONSIBILITIES The Sheriff or designee are responsible for following these procedures. 111. DEFINITION Exr)losive:Any compound or mixture, the primary or common purpose of which is to function by explosion; that is substantially instantaneous release of gas and heat; but shall not mean or include the components for hand loading rifle, pistol, Page 13 of 46 and shotgun ammunition, nor shall it include any fertilizer product possessed, used or sold solely for a legitimate agricultural, forestry, conservation, or horticulture purpose. IV. PROCEDURES A. The Sheriff's Office will accept applications from persons who intend to purchase, transport, store or use explosives in Washington County, provided that the applicant does not intend to store or use the explosives in a city which is served by a full -time Police Department. City applicants will be advised to contact their Chief of Police. B. Applications to acquire, store or use explosives shall be maintained in the reception area of the Law Enforcement Center by the clerical staff assigned. C. All applicants shall complete the Bureau of Criminal Apprehension form number BCA -04 -039. 1. The application must be signed. 2. The applicant shall provide a photo identification at the time of application. D. When a completed application is received, the clerical staff assigned shall date the application and forward the documents to the Sheriff's designated authority for processing. E. The designated authority will be responsible for the following procedures: 1. Generate an I.C.R. a. Enter the officer information as the complainant and the Sheriffs Office as the location on the ICR. b. Complete the Complainant Comments section of the ICR to read; Application to acquire, store or use explosives, as appropriate. c. Enter the complete applicant information in the name file. d. Complete the officer comments section of the ICR to indicate that the application documents have been received. 2. Complete the Request for Criminal History Check and forward to the Communications Center for entry. 3. Request a check of medical records when appropriate. Page 14 of 46 4. Request a check of mental health and or /chemical dependency treatment records from the Minnesota Department of Human Resources. 5. Determine if the applicant is prohibited from possessing explosives. F. Upon completion of the permit application process, complete the Complainant Comments on the ICR to read; Permit to acquire, store or use explosives: Approved (or Denied), enter permit number and the expiration date. 1. When the application is approved, sign the permit, add any restrictions, and return the permit to the clerk assigned to be mailed to the applicant. 2. When the application is denied, prepare a letter to the applicant which outlines the reason for denial and forward it to the applicant. G. The complete application and all supporting documents will be retained in the case file. 1. The Designated Authority shall complete the officer comments section of the ICR to indicate the final status of the application. 2. Any special concerns regarding the investigation may be documented on an incident report. Page 15 of 46 CITY OF OAK PARK HEIGHTS 5.00 P.M. 'TUESDAY, FEBRUARY 20, 2007 CITY COUNCIL MEETING MINUTES 1. Call to Order. The meeting was called to order at 5:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, Doerr, MCComber and Swenson. Staff present: Administrator Johnson, City Attorney Vierling. ,absent: None. 11. Xcel Energy Requcst for a Permit Under Ordinance 1 110: Brief discussion was held with Xcel representatives Darrell Knutson and Mark Fritsche concerning plans to use explosives to perform maintenance at the King Plant. Mr. Knutson assured the Council that the explosives would not be heard from outside the plant. Mayor Beaudet requested an addition to the staff recommendations stating that the contractor will follow industry standards for use and safety of the explosives. Mayor Beaudet also suggeste =cel �i each December for an annual permit request for approval on Consent Agen a ch January. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to approve the staff recommendations with the two additions discussed. Carried 5 - 0. ill. Adiournment. Councilmember Swenson, seconded. by Councilmember Mc.Comber, moved to adjourn at 5:05 p.m. Carried 5 - 0. Respectfully submitted, Approved as to Content and Form, Julie Johnson David Beaudet Administrative Secretary Mayor Page 16 of 46 r Oak Park Heights Request for Council Action Meeting Date January 22, 2008 Agenda Item Citv Hall Citizen's Committee Time Required 10 Agenda Placement Old Business Originating Department /Requestor Mayor Beaudet Requester's Signature Action Requested Review and approve appointments Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). On the back of this request you will find a list of the 2008 regular meeting dates for the City Council. There are a few conflicts to discuss: The appointments for the citizen building will be presented at the City Council Meeting. 1. 3 or 4 citizens 2. Planning Commission Member 3. Parks Commission Member 4. 2 Council Members The proposed meeting dates are as follows: January 29, 2008 February 5, 2008 February 19, 2008 March 4, 2008 March 18, 2008 April 1, 2008 — Final Meeting and recommendation to the City Council. Meeting times: 3:00 p.m. to 5:00 p.m. Propose that $20,000 from the general fund reserve be allotted for Buetow & Associates' Services. These funds are to prepare sketches and appropriate additional documentation as needed to support the committee. Page 17 of 46 6 U W I uu6E0j3 2 53 Ei a8 S �. 2tss; 2nIte 540 VO VHCWIIEClnuv 2EHAICE2 COWbVAA Bf EIOM VWD b'220CIVI 2 IVI EXHIBIT A (2007 Rates) Professional Services are compensated at the following hourly rates (if applied): Principal $ 125 Project Manager $115 Project Architect $110 Project Designer $ 90 Drafter 1111 $80190 Secretary $ 50 Buetow and Associates' Reimbursable Expenses incurred on behalf of a project are as follows: Computer Plots $20.00 per sheet Facsimile Transmissions $2.00 per sheet Messenger Service at cost Mileage $.48 per mile Photo copying $.15 per 8 1/2 x 11 sheet Postage at cost Printing of Bid Documents at cost Reproduction of Drawings $3.00 per sheet tel 651 483 -6701 fax 651 483 -2574 www.buetowarchitects.com Page 18 of 46 Oak Park Heights Request for Council Action Meeting Date January 22, 2008 Time Required: 5 minutes Agenda Item Title: Park and Trail Immovements Agenda Placement Old Busine V Originating; Department/Re des s c Johnson, Citv Administrator Requester's Signature Action Requested Discussion, v ssible action Background /Justification ( leas indicate if any previous action has been taken or if other public bodies have advised): L At the Dec 27` City Council meeting, the Council approved the preparation of plans and specifications for various park & trail improvement projects. At this time Dennis Postler is prepared to begin these preparations in earnest, but has prepared some cost estimates for these. Considering the magnitude of the dollars involved for construction, I felt it was wise to bring the list and their estimates back for a bit of further discussion and possibly a narrowing dawn of projects. The 2008 Budgeted Projects fund has $240,000 allocated for various park and trail projects and at this time there is approximately $300,000 in unallocated funds in the Budgeted Projects account — this includes $ 124,000 (estimated) from 2007 carryover. Please recall that the City Council priorities were: ® concreting of the hockey rink at Brekke Park with an alternate to pave some of the recreational skating; area; ® recto the tennis courts at Swager Park with an alternate to lout lighting in; ® Install the Valley View Park trail front 58 " Street over to Valley View Park with alternates being a trail to connect to the existing Xcel Energy trail and removal of the wood retaining steps at Valley View, and another alternate being a bridge over the ravine going to Valley View versus filling in. Page 19 of 46 2335 Hidhvday :16 W St. Paul, M1\ `_i5113 Tel 651- 636 -4000 Fax 651- 636 -131 I wwa�a�tonesiraaant� January 16, 2008 Mr. Eric Johnson BOM OO City Administrator City of Oak Park Heights 14168 Oak Park Blvd., P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Re: 2008 Trails and Park Improvements Conceptual Cost Estimates BRA File No. 55 -08 -000 Dear Eric: As directed, we have estimated the costs for various trail and park improvement projects throughout the City of Oak Park Heights, Improvements are identified at Brekke Park, Swagger Park and Valley View Park. A detailed description of each improvement is identified in your memo of January 7, 2008 and summarized on the attached Preliminary Cost Estimate. The table below summarizes the total cost for the improvements at each park. The low end of the range is for the base improvements as identified by City Staff and the high end includes the cost of all the alternates. The total cost range includes preliminary survey, engineering design and construction administration. (The attached Preliminary Cost Estimate identifies the total cost for each improvement identified at the parks.) Park Total Cost Range* Brekke Park $184,800- $432,000 Swagger Park $100,800 - $130,800 Valley View Park $560,000- $729,600 *Soil Borings are not included in the estimate. This estimate was done based on visual observations performed at each snow covered park in January 08. Per the memo of January 7, 2008 it was requested that all trail improvements be ADA compliant. Prior to confirmation that the trails can meet ADA standards it will be necessary to perform a preliminary survey of the sites. It may be necessary to switchback the trails to meet ADA standards, specifically for the improvements at Brekke Park (Identified as Project number Alternate 1 B on the attached table.) If you have any questions or require additional information, please contact me at (651) 604 -4788 or Dennis Postler at (651) 604 -4815. Sincerely, BONESTROO Karen S. Erickson, P.E. St. Rid cc: Scott Richards, City Planner St. Cloud DMP, CWL2, GDK, File — Bonestroo Rochester Milwaukee Chicago a .' r Bonestroo City of Oak Park Heights 2008 Trail and Park Improvements Preliminary Cost Estimate 17-Jan-08 Estimated Engineering Estimate Total Project Number Project Description Summary Construction Cost Fees* Cost ** Improvements at Brekke Park 1 Placement of a concrete hockey rink at Brekke Park 5154,000 $30,800 $184,800 Alternate 1A Placement of a concrete pleasure rink at Brekke Park 598,000 $19,600 $117,600 Alternate 1A.1 Placement of 112 concrete pleasure rink at Brekke Park $54,000 $10,800 $64,800 Installation of new bituminous walkway /trail from the parking lot at Alternate 1 B Brekke Park to the south side of the Brekke Park Shelter. 527,000 55,400 $32,400 Installation of a new 8' wide bituminous trail from Brekke Park through the property at 5502 Osgood Ave. to a point along Osgood Ave, directly Alternate 1C adjacent to Upper 55th Street. $81,000 $16,200 $97,200 Improvements at Swagger Park Replacement of the tennis courts at Swagger Park, including replacement 2 of the fencing, net posts and a new practice wall. 584,000 S16,800 $100,800 Installation of a lighting system at the Tennis Courts at Swagger Park. Alternate 2A This system would be on a timing system. $25,000 $5,000 $30,000 Improvements at Valley View Park Installation of a bituminous trail from Valley View Park northerly to the Project 3 intersection of Ozark Ave. and 58th Street N. $467,000 $93,400 $560,400 cQ Installation of a bituminous trail from the intersection of Ozark Ave. and N Alternate 3A 58th Street to the Xcel Energy Fly ash trail. $74,000 $ 14,800 $88,800 o Replacement of the retaining wall that surrounds the eastern and +1 Alternate 3B southern sides of the Valley View Park Shelter $67,000 $13,400 $80,400 rn *Estimated at 20% of construction cost for budgetary purposes * *Soil borings are not included in the estimate This Page Is Left Intentionally Blank. Page 22 of 46 R� Oak Park Hei Request for Council Action Meeting Date --- January 22. 2008 Time Required: 2 min. Agenda Item Title - - -- -First State Bank & Trust - Donation to Police Dept. Agenda Placement - - - - -- -New Business r Originating Department/Requestor --- Police Dept./ Chief Lindy Swanson Requester's Signature Action Requested—Resolution to Accept $250.00 Donation Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Once again, The first State Bank & Trust has been considerate enough to forward a $250.00 donation to the Oak Park Heights Police Dept. This donation will be utilized either to assist us in purchasing items for Community Safety Education or to enhance training material for the members of the police dept. I simply need authorization, by resolution, to accept this donation Page 23 of 46 RESOLUTION 08 -01 -06 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM FIRST STATE BANK & TRUST AND DIRECTING THE FUNDS TO BE UTILIZED BY THE POLICE DEPARTMENT WHEREAS, Oak Park Heights business, First State Bank & Trust wishes to donate two - hundred and fifty dollars ($250.00) to the City of Oak Park Heights Police Department; and, WHEREAS, the City of Oak Park Heights is grateful for First State Bank & Trust's donation and concern for their community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the City shall accept First State Bank & Trust's donation and that the Police Department of the City is authorized to expend such funds for the purposes of enhancing the Department. Passed by the City Council for the City of Oak Park Heights this 22 " day of January, 2008. David Beaudet, Mayor Attest: Eric Johnson, City Administrator Page 24 of 46 Oak Park Heights Request for Council Action Meeting Date January 22, 2008 Agenda Item Resolution for Sitting a Coal Combustion Waste Land Time Required 10_ Agenda Placement New Business Originating DepartmentlRequestor Mayor Beaudet Requester's Signature Action Requested Discuss, make necessary changes, and have staff complete the Resolution for approval at February 11, 2008 Citv Council Meeting Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 25 of 46 RESOLUTION 08-02- RESOLUTION SUPPORTING A COAL COMBUSTION WASTE LONG -TERM DISPOSAL METHOD .............. WHEREAS; the generation of electricity with coal results in the coal combustion waste product of fly ash, and WHEREAS; fly ash is captured in the hot gas produced by burning coal and removed from the air we breathe, and WHEREAS; fly ash is made up of many elemental chemicals that should not be released into the environment, and WHEREAS; fly ash disposal sites are intended to be permanent, and WHEREAS; the need to create coal ash storage facilities intended to prevent elemental chemicals from reaching the environment for thousands of years can only be reduced by reducing society's dependence on coal- generated electricity; and WHEREAS; replacing coal generated electricity with generation facilities owned by Minnesota citizens that harvest renewable energy resources in Minnesota will reduce the need for coal ash landfill storage as well as provide a host of additional local economic development and environmental benefits; and WHEREAS; the financial health of Xcel Energy is dependent on maintaining and increasing the sales of electricity, including electricity generated from coal combustion, thereby creating a perverse incentive that rewards coal ash production and the need for more coal ash landfills rather than the efficient use of electrical energy, and WHEREAS; the proposed basic dry cell construction method with a bottom clay liner, 60 nail. impervious geomernbrane liner, leachate collection system, 40 nail. impervious geornembrane cap, and monitoring systems, will provide a long -term safe storage solution for elemental chemicals, and WHEREAS; the proposed dry cell construction method must include a long -term method of testing the storage cell to ensure that no water has entered the cell. The materials that create the leachate collection system must last many years to determine the replacement rate of the top impervious cap, and WHEREAS; if the dry storage cell were to fill with water and leak, the travel time of the leachate to a detection monitoring well must be designed to be as short as possible, and Page 26 of 46 WHEREAS: if the dry storage cell were to fill with water and leak, the travel time of the leachate to a well or surface water body must be as many years as possible, acid WHEREAS; Xcel Energy, and all future owners of Xcel Energy, are to be liable for the fly ash disposal site. The State of Minnesota, as grantor of the permit, must monitor the disposal site in the best interest of the public. Xcel Energy must conform to all applicable current Federal and State laws governing the disposal of fly ash. NOW, THEREFORE., BE IT RESOLVED, that the City of Oak Park Heights supports the dry storage method as the best available technology to safely store fly ash for approximately 50 years. FURTHER BE IT RESOLVED that there is a need to identify critical pathways associated with failure modes of the engineered or natural barrier systems. To conduct performance assessments that would demonstrate the probability that contamination would be contained within the property boundaries at Xcel Energy landfill site, at the 10,000 year mark; and FURTHER BE IT RESOLVED that the City of Oak Park Heights recommends that the incentive structure compensation Xcel Energy for providing electric utility services be reformed to reward the efficient use of electrical energy, rather that its consumption, including its wasteful consumption; and FURTHER BE IT RESOLVED that the City of Oak Park Heights recommends that Xcel Energy be further encouraged, required to, and rewarded for intensifying its efforts to replace coal generation capacity with community -based renewable energy development; and FURTHER BE IT RESOLVED that the City of Oak Park Heights will continue to function, with a commitment of ongoing support from Xcel Energy, through the conclusion of the A.S. King Ash Landfill Sitting Process, for the purpose of ensuring that potential host communities and the ultimate host community are not isolated, have access to the technical and analytical expertise required to protect their interests, and that the intent of this Resolution is fulfilled to the greatest extent possible. Passed by the City Council for the City of Oak Park Heights this 1 I °i day of February, 2008. David Beaudet, Mayor Attest: Eric Johnson, City Administrator Page 27 of 46 This Page Is Left Intentionally Blank. r k .. Page 28 of 46 .W� Oak Park Heights Request for Council Action Meeting Date January 22 "d 2008 Time Required: 3 minutes Agenda Item Title: Appoint a Non-Votinu Representative to the CVB Initial Board of Director Agenda Placement New Business Originating Departrnent/Reqix6 stor Eric Johnson, Citv Administrator Requester's Signature Action Requested Aimoint a� Non-Votinia Member to CVB Board Background/Justification (P ' lease indicate if any previous action has been taken or if other public bodies have advised): The Greater Stillwater Chamber of Commerce has requested that the City appoint a non-voting member to the initial Board of Directors that will oversee the Convention and Visitor Bureau and the management of the generated room tax revenues. At this time, it is my understanding that the CVB by-laws remain in draft form, but can now be finalized with the filing of the incorporation documents. I have asked that the CVB consider that the five-member board have two voting members from the City as opposed to only one and that they establish a series of reasonable benchmarks to gauge success as this will aid in possible future renewal requests of the 'room tax', Page 29 of 46 GREATER STILLWATER P0. Box 546 ° 1.06 S. Main Street • S illvalcx, IMN 5508 Clamber of Commerce Phone (651) 439 -4001 • Fax: (651) 439 - 4035 B,,jj, it I-A- 1:1,­ • o,,k 1 ­k 11,i.�hi • ,�'t rll„ ,rf;, \V \v \ \ >.11oVC5i;11 \V�iLC]'.COTn ° info ��LIlOVCSii WBiCt'.COI'tl January 9, 2008 City of Oak Park Heights Mayor David Beaudet City Administrator Eric Johnson 14168 Oak Park Boulevard North PO Box 2007 Oak Park Heights, MN 55082 Mayor Beaudet and City Administrator Johnson, The organizing body for this area's Convention and Visitors Bureau, in cooperation with the Greater Stillwater Chamber of Commerce, requests the City of Oak Park Heights appoint a non- voting representative to the initial Board of Directors. Chuck Daugherty has agreed to serve as the voting lodging representative from Oak Park Heights. The initial Board will sign and file the Articles of Incorporation, develop by -laws for the organization, and serve until the permanent Board is elected. If you have questions, please don't hesitate to contact us for more information. Sincerely, J nif verson Steve Rohl Executive Director, Greater Stillwater Chamber Owner, Super 8 Phone: 651- 439 -4001 Phone: 651- 430 -3990 Page 30 of 46 eJ LG��2�fG� c/C! -7G GLZYG C/ �f��� Ud/Y!X/IGLIO%2 G�' l�ClfG�.O'f. �CLxFII.LG The undersigned incorporators are individuals 18 years of age or older and adopt the following articles of incorporation to form a nonprofit corporation (Chapter 317A). The name of this corporation shall be Stillwater & Oak Park Heights Convention & Visitor Bureau. The place in Minnesota where the principal office of the corporation is to be located at 2190 Frontage R oad West, Stillw Mamesota 55082. z�Yr�3 - -- a/r.� This corporation is a business organization as specified in Section 501(c)(6) of the Internal Revenue Code, or the corresponding section of any future federal tax code. The purpose of this corporation is to market and promote the Stillwater and Oak Park Heights areas as business and leisure travel destinations. At all times the following shall operate as conditions restricting the operations and activities of the corporation: No part of the net earning of the organization shaU inure to the benefit o£, or be distributable to its members, trustees, officers, or other private persons, except that organizations shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purpose set forth in the purpose clause hereof. No substantial part of the activities of the corporation shall constitute the carrying on of propaganda or otherwise attempting to influence legislation, or any initiative or referendum before the public, and the corporation shall not participate in, or intervene in (including by publication or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. Notwithstanding any other provisions of this document, the organization shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code or corresponding section of any future tax code, or by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, �^ J/ or corresponding section of any future tax code. This organization shall have members. The eligibility, rights and obligations of the members will be determined by the orgai-&zation's bylaws. The management of the affairs of the corporation shall be vested in a board of directors, as defined by the corporation's bylaws. No director shall have any right, title, or interest in or to any property of the corporation. The number of directors constituting the initial board of directors is eight; their names and addresses are as follows: Steve Roll Jeff Stanton 2190 Frontage Road West, Stillwater, MN 2200 Frontage Road West, Stillwater, MN Chuck Dougherty Jerry 11ch 15330 58th Street forth, Oak Park I leights, MN 303 Fourth Street North, Stillwater, MN Kevin Shields David Beaudet 102 Second Street North, Stillwater, MN 19168 Oak Park Boulevard, Oak Park Heights, MN Ken Harycki Sheryl E- Marshall 216 Fourth Street North, Stillwater, MN 206 Second Street South, Hudson, WI Members of the initial board of directors shall serve until the first annual cnneetin , at which their successors will be duly elected and qualified, or removed as provided in tl oge.31 of 46 No member, officer, or director of this corporation shall be personally liable for the debts or obligations of this corporation of any nature whatsoever, nor shall any of the property of the members, officer, or directors be subject to die payment of the debts or obligations of this corporation. J= Y2�iofc 7-- �rruc�a- iz,�c'• �:� /rc�b�a The duration of the corporate existence shall be perpetual until dissolution. Upon the dissolution of the organization, assets of the corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(6) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to die federal government, or to a state or V ocal government, for a public purpose. J�Ytf.�ere d'-� �zca�aatalo7o In witness whereof, we, the undersigned, have hereunto subscribed our names for the purpose of forming the corporation under the laws of the State of Minnesota and certify we executed these Articles of Incorporation this 16th day of January of 2008. ;OT� i" 2i( Steve Roll, President Stillwater Super 8 2190 Frontage Road West, Stillwater, Minnesota f' � I nto "vice President Country Inn & Suites 2200 Frontage Road West '1 Ata Z ek ghe rty, TreastYrer Cover Park Manor 15330 58th Strec orth, Oak Park Haight Minnesota s crry H Berger, Se tary Aurora Staples In 303 'our i Street North, Stil er in 3 sots evin wields Lowell Inn d att North, Stilhv nnesota David Beaudet Mayor, City of Oak Park I plats 14'168 Oak Park Boulevard, Oak I-ieights, Minnesota an Harycki 1 ayor, City of Stillwater 216 F rt Street North, Stillwater, h nesota ` Sh 1 E- Marshall Vice Press cy t, Greater Stillwater Chamber of Commerce 206 Second Street South, Hudson, Wisconsin Oak Park Heights Request for Council Action Meeting Date January 22, 2008 Time Required: 10 Minutes Agenda Item Title: W.A.T.E. Office Park Planned Unit Development Amendment and Site Plan, Review Agenda Placement New Business% Originating Department/Re estoi Eric Johnson, Citv Administrator Requester's Signature I t r Action Requested Anbrove elution i Background /Justification (Pie indicate if any previous action has been taken or if other public bodies have advised): Please see enclosed from Scott Richards, City Planner I . Planners report - dated January 8, 2008 (attachments may be found in the January w-- Planning Commission Packet) 2. Final Planning Commission Resolution — unsigned 3. Proposed City Council Resolution Page 33 of 46 1 NORTHWEST ASSOCIATED CONSULTANTS, INC. F 0 . 4500 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Y Telephone: 763.231.2555 Facsimile; 763.231.2561 planners @nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: January 8, 2008 RE: Oak Park Heights — W.A.T.E. Office Park PUD, Planned Unit Development Amendment and Site Plan Review FILE NO: 798.02 — 07.12 BACKGROUND W.A.T.E. Enterprises Inc. has submitted revised site and building plans for the construction of a two story office /warehouse building and cold storage building at 5570 Memorial Avenue North within the existing W.A.T.E. Office Park. The request is for a PUD, Planned Unit Development amendment and site plan review. The subject site is currently vacant and is zoned B -3, Highway Business and Warehousing District. In December of 2006, the City Council approved the PUD, concept and general and a minor subdivision to construct two office warehouse buildings and one cold storage building on the same lot. The change in the site plan and buildings has been driven by the expanding needs of Zintl, Inc. The company has outgrown their current facility and the proposed building and storage area are designed to meet their long term needs. Attached for reference: Exhibit 1: Existing Conditions/ Exhibit 9: Front and Side Elevation Removal Plan Exhibit 10: Side Elevations Exhibit 2: Layout Plan Exhibit 11: Site and Rear Elevations Exhibit 3: Grading Plan Exhibit 12: Rear Elevations Exhibit 4: Utility Plan Exhibit 13: Side Elevations Exhibit 5: Landscape Plan Exhibit 14: Office Warehouse Exhibit 6: Campus Parking Plan Floor Plans Exhibit 7: Site and Building Data Exhibit 15: Floor Plans Exhibit 8: Front Building Elevation/ Exhibit 16: Floor Plans Monument Sign Exhibit 17: Floor Plans Page 34 of 46 Exhibit 18: Storage Building Elevations Exhibit 22: Approved Site Plan 2006 Exhibit 19: Trash Enclosure Exhibit 23: City Engineer's Comments Exhibit 20: Lighting Photometrics Exhibit 24: City Arborist's Comments Exhibit 21: Light Fixture Specifications ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for highway oriented business and warehouse uses and, as such, the proposed office warehouse use is in compliance with the Comprehensive Plan. Zoning. The subject site is currently zoned B -3, Highway Business and Warehousing District. The applicant is proposing to have general office, warehousing and cold storage uses occupy the available spaces in the proposed buildings. The applicant is requesting approval of a PUD in order to allow for a shared parking arrangement amongst the proposed new buildings and the existing buildings within the office campus. The purpose of a PUD is to allow for greater flexibility in the design of neighborhoods or other sites and is intended to encourage, among other things, a more desirable environment than would be possible through the strict application of the City's zoning and subdivision regulations. Lot and Setback Provisions. The proposed buildings and site design meet the required lot area and setback standards for the B -3 District. As stated in Section 401.15.)=.4.h.17, the parking area setback is 10 feet for all uses except single and two- family uses. The site plan indicates a parking area setback of at least 10 feet from all property lines. Project Description. The project consists of an office warehouse building and a cold storage building. In the larger building, the office area is 10,370 square feet and the warehouse area is 33,650 square feet. The storage building will be 6,800 square feet. The existing campus requires 266 stalls and there currently are 368 stalls in place. Cross easements are in place to address parking needs of the business campus. Overall, the site will have 33 percent green space. Access. The applicant is proposing one ingress /egress driveway off of Memorial Avenue North. The proposed access is adequately separated from the existing driveways north and south of the subject property. The site plan indicates a minimum of 24 foot drive aisles along the building sides and a 30 foot drive aisle within the parking area at the front of the building. Impervious Surfaces. Section 401.300.G of the Zoning Ordinance requires that all lots within the B -3 District maintain at least 20 percent of the total lot area as green space. According to the submitted site plans, with the addition of the two new buildings and parking areas, the entire campus will have a total of 33 percent green space, which is consistent with Zoning Ordinance requirements. 2 Page 35 of 46 Off - Street Parking. The proposed buildings will add a total of 10,730 square feet of office space, 33,650 square feet of warehouse, and 6,800 square feet of cold storage. The required parking for the subject site is as follows: Office 10,730 square feet X .9 = 9,657 - 200 = 48 + 3 = 51 parking stalls Warehouse 33,650 square feet X.9 = 30,285 _ 1,500 = 20 parking stalls Storage 6,800 square feet X .9 = 6,120 _ 1,500 = 4 parking stalls TOTAL REQUIRED 75 parking stalls The number of stalls required for the existing campus is 266. With this final phase, the campus will require, by ordinance standards, a total of 341 stalls. The applicant is proposing to construct 36 stalls at this time, two of which are disability accessible. Another 26 stalls are shown on the plans as proof of parking. The subject site will have a total of 62 stalls with the proof of parking proposed. The site has adequate area to accommodate the required 75 stalls if necessary. In total, after construction and with proof of parking, the campus will have a total of 430 stalls, while 341 stalls are required. All of the parking proposed will be constructed to Zoning Ordinance size standards. Lighting. The applicant has submitted a lighting plan including the proposed photometric plan for the site. The lighting plan indicates that the exterior lights' illumination will extend beyond the site's property lines on the north and south. The subject site is adjacent to commercial /industrial properties that are jointly owned and operated to the north which is allowable. The lighting plan will need to be revised so that the illumination of the south property line does not exceed 0.4 foot candles. The parking lot fixtures are a full cut off shoebox type. The applicant has installed 25 foot pole lights. The total height of the pole and fixture shall not exceed 25 feet. The building mounted lights are also full cut off and are to be mounted at 24 feet. There will be no lighting on the west side of the property and the storage building, which is adjacent to residential properties. Trash Enclosures. The applicant is proposing a 384 square foot enclosed recycling and trash storage addition located along the northerly property line adjacent to 5612 Memorial Avenue North. In addition, there is a 468 square foot storage area adjacent to the trash recycling building. The storage area is proposed to be enclosed with six feet chain link fence with vertical vinyl strips. That fencing material is not allowed. Building materials to match the adjacent buildings would be required for this storage area. Grading, Drainage and Utilities. Preliminary construction plans have been submitted. All grading, drainage and utility plans are subject to the review and approval of the City Engineer. Drainage plans are subject to review of the Brown's Creek Watershed District. 3 Page 36 of 46 Landscaping. The applicant has submitted a landscape plan, Kathy Wdin, the City Arborist, has made comments on the plan in a January 2, 2008 memo, as attached. The landscape plan shall be subject to the review and approval of the City Arborist. Fuel Pumps /Underground Fuel Storage. At the northwest corner of the site, the applicant has proposed underground fuel tanks and two fuel pumps. Only the two pumps will be visible. Placement of the underground fuel storage shall be subject to all Minnesota Pollution Control Agency requirements and permitting. Fencing /Gate. The plans indicate a fence and gate between 5610 Memorial Avenue North and the proposed office warehouse building. The applicant should provide plans and identify materials for the fence and gate, subject to City staff approval. Signage. The applicant is proposing a monument sign at the entrance drive from Memorial Avenue North. The sign is proposed at six feet in height and will have approximately 24 square feet of sign area. The applicant will need to indicate how the sign face will be lit. No other building signage is proposed at this time. All wall signage shall be subject to the requirements of the Zoning Ordinance with City staff approval. Building Design. The office /warehouse building is proposed to be two stories in height with a mixture of glass, pre -cast concrete and stucco. The main entrance is set off from the remaining portions of the building by the use of stucco and a raised roof section. The applicant is proposing a dark reflective glass material for the windows. Building material samples will be available at the Planning Commission meeting for review and approval. The design of the storage building has not changed from the previous plan and will be constructed of pre -cast concrete. The office warehouse building is proposed to be 33 feet, 10 inches at the highest point, compliant with the 35 foot height limit in the B -3 District. The proposed buildings will be consistent in appearance with the existing buildings in the W.A.T.E. Office Park. The buildings are consistent with the requirements of the B -3 District and the City's Design Guidelines. CONCLUSION 1 RECOMMENDATION The applicant has submitted the necessary materials for the proposed application. The proposed use and site design are consistent with the requirements of the Zoning Ordinance and the direction of the Comprehensive Plan. Based on the information contained in this report, our office recommends approval of the requested PUD concept and general plan review, and site plan of the W.A.T.E. Office Park project, subject to the following conditions: 4 Page 37 of 46 1. The grading, drainage and utility plans are subject to the review and approval of the City Engineer. The drainage plans are subject to review of the Brown's Creek Watershed District. 2. The proposed signage for the site shall be consistent with Section 401.15.G of the Zoning Ordinance. A sign permit shall be obtained prior to the erection of any signs on the subject site subject to approval of City staff. 3. Landscaping plans shall be subject to the review and approval of the City Arborist. 4. All lighting fixtures shall be full cut off and be consistent with the lighting requirements found in Section 401.15.8.7 of the Zoning Ordinance. The lighting fixtures shall not exceed a height of 25 feet and the lighting plan shall be revised so that the illumination of the south property line does not exceed 0.4 foot candles. 5. There shall be no freestanding or building lighting on the west side of the property and storage building. 6. The trash enclosure storage area shall be enclosed with building materials to match the adjacent buildings. Plans for the revised enclosure shall be submitted for City staff review and approval. 7. Placement of the underground fuel storage shall be subject to review and approval of the Minnesota Pollution Control Agency (MPCA). The applicant shall provide the City written approval of the fuel storage facility from the MPCA. 8. The applicant shall provide plans and identify materials for the security fence and gate. 9. The design and buildings materials of the office /warehouse building and storage building shall be subject to the review and approval of the Planning Commission. 5 Page 38 of 46 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 W.A.T.E. ENTERPRISES INC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT AND SITE PLAN REVIEW FOR REVISED SITE AND BUILDING PLANS FOR CONSTRUCTION OF AN OFFICE /WAREHOUSE BUILDING AND COLD STORAGE BUILDING AT 5570 MEMORIAL AVENUE NORTH WITHIN THE EXISTING W.A.T.E. OFFICE PARK SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from W.A.T.E. Enterprises Inc. for a Planned Unit Development amendment and site plan review for revised site and building plans for construction of an off ce /warehouse building and cold storage building at 5570 Memorial Avenue North within the existing; W.A.T.i . Office Park; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: I. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B -3, Highway Business and Warehousing District. The PUD allows for shared parking arrangement and for buildings that will not have direct frontage to a public street; and 4. A planned unit development, concept and general plan review was approved by the City Council for the project to include two office warehouse buildings and one cold storage building on December 28, 2006; and 5. The applicant is requesting the PUD amendment to revise the site plan and building plans to include one office /warehouse building and one cold storage building; and Page 39 of 46 6. City staff prepared a planning report dated January 8, 2008 reviewing the PUD amendment and site plan review; and 7. City staff recommends in the January 8, 2008 planning report that the request be approved with conditions; and 8. The Planning Commission held a public hearing at their January 17, 2008 meeting, tools 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 W.A.T.E. Enterprises Inc. for a Planned Unit Development amendment and site plan review for revised site and building plans for construction of an office/warehouse building and cold storage building at 5570 Memorial Avenue North within the existing W.A.T.E. Office Park 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 with the following conditions: I . The grading, drainage and utility plans are subject to the review and approval of the City Engineer. The drainage plans are subject to review of the Brown's Creek Watershed District, 2. The proposed signage for the site shall be consistent with Section 401.15.G of the Zoning Ordinance. A sign permit shall be obtained prior to the erection of any signs on the subject site subject to approval of City staff. 3. Landscaping plans shall be subject to the review and approval of the City Arborist. 4. All lighting fixtures shall be full cut off and be consistent with the lighting requirements found in Section 401.15.B.7 of the Zoning Ordinance. The lighting fixtures shall not exceed a height of 25 feet and the lighting plan shall be revised so that the illumination of the south property line does not exceed 0.4 foot candles. 5. There shall be no freestanding or building lighting on the west side of the property and storage building. 6. The trash enclosure storage area shall be enclosed with building materials to match the adjacent buildings. flans for the revised enclosure shall be submitted for City staff review and approval. 2 Page 40 of 46 7. Placement of the underground fuel storage shall be subject to review and approval of the Minnesota Pollution Control Agency (MPCA). The applicant shall provide the City written approval of the fuel storage facility from the MPCA. 8. The applicant shall provide plans and identify materials for the security fence and gate. 9. The design and buildings materials of the office /warehouse building and storage building are favorable to the Planning Commission. Recommended by the Planning Commission of the City of Oak Park Heights this 17 € �' day of January 2008. Michael Lil Chair AT7T s'r Eric A. Johnson, City Administrator 3 Page 41 of 46 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 W.A.T.E. ENTERPRISES INC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT AND SITE PLAN REVIEW FOR REVISED SITE AND BUILDING PLANS FOR CONSTRUCTION OF AN OFFICE /WAREHOUSE BUILDING AND COLD STORAGE BUILDING AT 5570 MEMORIAL AVENUE NORTH WITHIN THE EXISTING W.A.T.E. OFFICE PARK BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from W.A.T.E. Enterprises Inc. for a Planned Unit Development amendment and site plan review for revised site and building plans for construction of an office /warehouse building and cold storage building at 5570 Memorial Avenue North within the existing W.A.T.E. Office Park; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of Oak Park Heights makes the following findings of fact and resolution: I . The real property affected by said application is legally described as follows, to wit: SEE AT`1'ACI-IMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B -3, Highway Business and Warehousing District. The PUD allows for shared parking arrangement and for buildings that will not have direct frontage to a public street; and 4. A planned unit development, concept and general plan review was approved by the City Council for the project to include two office warehouse buildings and one cold storage building on December 28, 2006; and 5. The applicant is requesting the PUD amendment to revise the site plan and building plans to include one office /warehouse building and one cold storage building; and Page 42 of 46 6. City staff prepared a planning report dated January 8, 2008 reviewing the PUD amendment and site plan review; and 7. City staff recommends in the January 8, 2008 planning report that the request be approved with conditions; and 8. The Planning Commission held a public hearing at their January 17, 2008 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 W.A.T.E. Enterprises Inc. for a Planned Unit Development amendment and site plan review for revised site and building plans for construction of all office /warehouse building and cold storage building at 5570 Memorial Avenue North within the existing W.A.T.E. Office Park and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The grading, drainage and utility plans are subject to the review and approval of the City Engineer. The drainage plans are subject to review of the Brown's Creek Watershed District. 2. The proposed signage for the site shall be consistent with Section 401.15.G of the Zoning Ordinance. A sign permit shall be obtained prior to the erection of any signs on the subject site subject to approval of City staff. 1 Landscaping plans shall be subject to the review and approval of the City Arborist. 4. All lighting fixtures shall be full cut off and be consistent with the lighting requirements found in Section 401.15.13.7 of the Zoning Ordinance. The lighting fixtures shall not exceed a height of 25 feet and the lighting plan shall be revised so that the illumination of the south property line does not exceed 0.4 foot candles. 5. There shall be no freestanding or building lighting on the west side of the property and storage building. 6. The trash enclosure storage area shall be enclosed with building materials to match the adjacent buildings. Plans for the revised enclosure shall be submitted for City staff review and approval. 2 Page 43 of 46 7. Placement of the underground fuel storage shall be subject to review and approval of the Minnesota Pollution Control Agency (MPCA). The applicant shall provide the City written approval of the fuel storage facility from the MPCA. 8. The applicant shall provide plans and identify materials for the security fence and gate. 9. The design and buildings materials of the office/warehouse building and storage building are favorable to the Planning Commission and City Council. Approved by the City Council of the City of Oak Park heights this 22 "" day of January 2008. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 44 of 46 Attachment A Washington County GEO Code: 06.029.20.24.0009 Legal Description: Lot 3, Block 2, Kern Center 2nd Addition Street Address: 5570 Memorial Ave. N. Page 45 of 46 ATTACHMENT B P Planned Unit Development (PUD) Amendment WATE ENTERPRISES INC. Zintl, Inc. — 5570 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 (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: January 2, 2008 Planning Commission Public Hearing & Recommendation: January 17, 2008 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) Page 46 of 46