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HomeMy WebLinkAbout04-11-06 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, APRIL 11, 2006 CITY COUNCIL MEETING AGENDA 6:00 P.M. 6:00 p.m. I. Board of Appeal and Equalization EsMnalvd times 7:00 p.m. II. Call to Order/Pledge of Allegiance/Approval of Agenda 7:05 p.m. III. Department/Council Liaison Report A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Other Liaison/Staff reports 1. Spring Clean-up, May 20, 2006, 7:30 a.m. to 1:00 p.m. 7:10 p.m. IV. 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. V. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approval of City Council Minutes — March 28, 2006 (2) C. Authorize Real Estate Transaction to S.C. Mall, LLC (3) 7:15 p.m. VI. Public Hearings None 7.15 p.m. VII. New Business A. Audit Review B. Consider Canceling First Council Meeting of the Month in June, July & August(4) 7:45 p.m. VIII. Old Business A. Oakgreen Village Area — PUD Concept Plan (5) B. Oakgreen Village Area — CUP — Filling and Grading (6) C. National League of Cities Conference — Reno, NV (7) 8:15 p.n-i. VIII. AdJournment a LWI 0 11 ii CITY OF OAI< PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oalc Park Heights, MN 55082-2007 • Phone: 651/439-4439 • fax: 651/439-0574 April 7, 2006 Maasho Fisseha 1.3848 55th Street North Oak Park Heights, Minnesota 55082 Dear Mr. Fisseha: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the Cityrewards 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, April 6, 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, f 71 re R. Jo hnson Administrative Secretary/Deputy Clerk Tree City U.S.A. _«,wGdw4 7:� ��� � �fi��•� �� ��2��l� ���� w� \��\ _ 9aa xx@t k' 2. -.... .�. ..�. � �.�.. I 0 � o It � .a CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, MARCH 28, 2006 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledte of Allegiance/Approval of Agenda: The sleeting 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, Public Works Director Ozzello, City Attorney Vierling, City Engineer Erickson, and City Planner Richards. Absent: None. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Agenda as presented. Carried 5- 0. II. Department/Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the Planning Commission met on March 9"' with a full Agenda. A CUP request from Jacob Holdings was held over for additional information. Two other applications are on the Council Agenda. The next meeting is scheduled for April 13, 2006 at 7:00 p.m. Planner Richards also noted that there are two openings on the Planning Commission and applications are available at City Hall and on the City's Website. B. Parks Commission: City Administrator Johnson reported that the Parks Commission met on March 20`x'. The Autumn Hills Park Shelter was discussed and the spring parks walk through was scheduled for April 17`x' at 5:30 p.m. The Commission also held a worksession following the meeting to discuss priorities for use of additional funds granted by the Council. The next regular meeting is scheduled for Monday, April 17'' at 6:30 p.m. C. Cable Commission: Councilmember Doerr reported that the next meeting is scheduled for April 191", 7:00 p.m. at the Access Center. Councilmember Doerr also reported that he has received information on pending legislation and will forward that information to the Council via Weekly Notes. D. Water Management Organizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix will meet on March 30'x' at 7:00 p.m. at the Conservation District office. E. Other Liaison/Staff Reports: Mayor Beaudet provided a reminder of the Spring Clean-up to be held on Saturday, May 20`x' from 7:30 a.m. to 1:00 p.m. City Council Meeting Minutes March 28, 2006 Page 2of5 III. Visitors/Public Comment: Recycling Award. Administrative Secretary Johnson reported that David Fuerstenberg of 15015 65"' Street North was chosen to receive the recycling award. IV. Consent Menda: A. Approve Bills & Investments B. Approve City Council Minutes — March 14, 2006 C. Revise Current Agreement for Fire Code and Inspection Services D. Authorization to Accept Gift of Water Tower Inspection E. Approve Resolution Authorizing Sale of Real Property to CSM Equities, LLC Councilmember Swenson, seconded by Councilmember MCComber, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 5 — 0. V. Public Hearings: None VI. New Business: A. Alcohol Compliance Checks — Failure Police Chief Swanson reported that the Stillwater Bowl was the only failure during the recent alcohol compliance checks conducted of all thirteen license holders. Councilmember Swenson, seconded by Councilmember Abrahamson, moved to receive the information and set a public hearing to be held during the May 9, 2006 City Council meeting. B. Schedule Audit Review Worksession — April 11, 2006 City Administrator Johnson reported that the City audit is completed and ready for Council review. Councilmember McCornber, seconded by Councilmember Abrahamson, moved to schedule an audit review worksession for 5:30 p.m. on April 11, 2006. Carried 5 — 0. City Council Meeting Minutes March 28, 2006 Page 3 of 5 C. Authorization to Solicit Contract for Sanitary Sewer Cleaning, and Televising Public Works Director Ozzello requested authorization to issue an RFP for cleaning and televising of approximately 31,000 feet of sanitary sewer line. Councilmember Doerr, seconded by Councilmember McComber, moved to authorize the issuance of an RFP for sanitary sewer cleaning and televising. Carried 5 — 0. D. Letter to MnDOT - $400,000 STH 36 Planning City Administrator Johnson requested Council input on draft correspondence to MnDOT concerning the $400,000 allocated in the 2005 Transportation Bill for Highway 36 planning. Councilmember McComber made several suggestions for additions to the letter and stated she would email her comments to the City Administrator. Mayor Beaudet suggested that MnDOT be asked what conditions would be attached to use of the funds. Mayor Beaudet, seconded by Councihnember McComber, moved to amend the correspondence as discussed and forward it to MnDOT after review by City Staff and the City Attorney. Carried 5 — 0. E. W.A.T.E. — PUD Concent and General Plan — 5670 Memorial Avenue City Planner Richards reviewed the request for replacing a parking area with a cold storage building. Planner Richards noted that the parking requirement for the site will still be met after the removal of the six parking stalls. Councilmember Doerr, seconded by Councilmember McComber, moved to approve the Resolution approving the application as presented. Roll call vote taken. Carried 5 — 0. F. Oakgreen Village Area — PUD Concept Plan City Administrator Johnson noted that he provided correspondence to the Council prior to the meeting requesting that the Council postpone review of the application and extend the deadline. Councilrmmbers agreed to review the application at the next Council meeting. Mayor Beaudet requested that staff prepare comments on public versus private streets and a memo on density of the development. Mayor Beaudet also suggested changing or omitting 59t" Street from the plan. City Council Meeting Minutes March 28, 2006 Page 4 of 5 Mayor Beaudet, seconded by Councilmember McComber, moved to postpone review to the next Council meeting and direct staff to prepare additional information. Carried 5 — 0. G. Oak green Village Area --- Conditional Use Permit — Filling & Gradin City Planner Richards reported that the applicant did not want to delay consideration of this request. Planner Richards reviewed drawings of existing and proposed drainage for three sites and recommended approval subject to conditions. Councilmember Swenson expressed concern for the neighboring properties and suggested that the City obtain a letter of credit to ensure that all the improvements are completed. Mayor Beaudet expressed concern that the sites are currently flat and stated that a ditch should be installed around the swale to slow down the water and direct it a catch basin. Mayor Beaudet also expressed concern over potential soil erosion into backyards of neighboring properties on Oakgreen. Todd Erickson spoke on behalf of the applicant, explaining plans for vegetation and other measures to protect the neighbors. Councilnnember McComber, seconded by Councilmember Swenson, moved to postpone further discussion pending review by the City Engineer. Carried 5 — 0. H. Receive Bids and Award Contract for Novak Avenue North and Norwich Avenue North Utility and Street Improvements City Engineer Erickson distributed a tabulation of bids received for the project, noting that Burschville Construction was the low bidder. Engineer Erickson also discussed the alternates included in the bid and asked for Council input. Mayor Beaudet, seconded by Councilmember Swenson, moved to award the contract to Burschville Construction and to include alternates 2 and 3 if Boutwell's Landing will pay for alternate 2 and with CSM paying for half the cost for alternate 3 and either Applebees or the City paying the other half and requiring the developer to post the necessary securities. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to amend the primary motion to choose 1, 2A and 3A and to specify square light fixtures. Carried 5 — 0. Vote taken on primary motion; carried 5 — 0. City Council Meeting Minutes March 28, 2006 Page 5 of 5 Street Repair • Authorization to Bid the 2006 Street Seal Coating Project • Authorization to Solicit Bituminous Street and Park Trail Crack Filling Contract • Authorization to Solicit Slurry Seal Quotes Public Works Director Ozzello discussed all three items and reviewed the street management plan, noting that park trails are also in need of crack sealing. Ozzcllo also discussed slurry sealing as a lower cost alternative to scalcoating and stated that lie would contact neighboring cities concerning the possibility of combining projects to obtain a better price. Mayor Beaudet, seconded by Councilmember Doerr, moved to authorize staff to obtain bids for sea] coating, slurry sealing and crack filling. Carried 5 — 0. VII. Old Business. None VIII. Adjournment. Councihnember MCCOinber, seconded by Councilineinber Doerr, moved to adjourn at 8:10 prn. Carried 5 — 0. Respectfully submitted, Julie Johnson Administrative Secretary Approved as to Content and Form, David Beaudet Mayor ............. . . . . . . . . . . . ......... . . . . . . . . ...... ..... Vol, :7 7 -, m2ttlav, 7,IT77, ICU 7-7 77 -7, A-&Nn� BILL OF SALE KNOW ALL BY THESE PRESENTS, that City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota ("Seiler") for Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, convey, sell and deliver to SC Mall LLC, a Minnesota limited liability company (the `Buyer"), its successors and assigns, all of the right, title and interest of any nature whatsoever of the Seller in all personal property located at or used or useful in connection with the property more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), including, without limitation, all fixtures, equipment, improvements, building supplies, machinery, fittings, apparatus and equipment (including all spare parts pertaining to the HVAC management system.) ("Personal Property"). TO HAVE AND TO HOLD the said Personal Property unto the said Buyer, its successors and assigns, to and for its own use, forever. Seller represents and warrants to Buyer, its successors and assigns, that Seller has legal title to said Personal EMper_k and good and law ul ri ht to grant, 6 r ain convey, sell and deliver as aforesaid, and that title to said Personal EtopfLtE Properis free of all claims liens mortgages, pledges, encumbrances, debts and liabilities. Seller will warrant and deend the sale of said Personal Pro er unto Buyer, its successors and assi ns a amst all and eve person and persons whomever, lawfully claiming or to claim the whole thereof. IN WITNESS WHEREOF, Seller has caused this Bill of Sale to be signed in its name as of this day of , 2005. CITY OF OAK PARK HEIGHTS, a municipal corporation under the laws of the State of Minnesota By:_ Name: Its: ss. COUNT' OF ) On this day of 2005 before me, the undersigned officer, personally appeared , who acknowledged himself/herself to be the of City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota, and that s/he, as such officer, being authorized so to do, executed the foregoing instrument for and on behalf of the municipal corporation. Notary Public EXHIBIT A LEGAL DESCRIPTION Lot 6, Block 1, St. Croix Mall P.U.D., according to the recorded plat thereof, Washington County, Minnesota. Together with the benefits and easements created in St. Croix Mall Real Estate Development Agreement filed as Document No. 389052, Easement Agreement filed as Document No. 389053, Easement Agreement filed as Document No. 389054, and Easement Agreement filed as Document No. 389057. Abstract Property 1"UrlII IVU. k --I» --- WMIillILY 1juutl Individuals) to Corporation or Partnership o delinquent taxes and transfer entered, Certificate cal Estate Value ( ) filed ( ) not required ertificate of Real Estate No. by S'T'A"I"I DEED TAX DUE HEREON: Date: 2006 COLInty Auditor Deputy FOR VALUA13i.,I: CONSIDERATION, City of Oak Palk I leights, a municipal corporatiol) Under the laws of the State of Minnesota, Grantor, hereby conveys and warrants to SC Mall LLC, a Minnesota limited liability company, Grantee, real property in Washington County, Minnesota, legally described on the attached Exhibit A, together with all hereditaments and appurtenances belonging thereto, subject only to the permitted encumbrances set forth on the attached Exhibit B. Grantor hereby conveys and gllltClaims to Grantee all rights, easements and privileges cleated for and benefiting the above-described property under that certain Easement Agreement filed as Document No. 389053. Check box ifapplicable: [X] The Seller certifies that the seller does not know of any wells on the described real property. [ A well disclosure certificate accompanies this document. ] 1 am familiar with the property described iIt this ins€rllment and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. STATE OF MINNESOTA COUNTY OF CITY OF OAK PARK I-IEIGLITS, a municipal corporation Under the laws of the State of Minnesota I3y:_ Name: Its: On this day of 2006 before me, the Undersigned officer, personally appeared _ who acknowledged himself/herself to be the of City of Oak Pari: I-leights, a 111un icipal corporation under the laws of the State of Minnesota, and that s/he, as such officer, being authorized so to do, executed the foregoing illstrume€lit for and on behalf of the municipal corporation. NOIAIZ1 1L S"['ANIf' OR SIAL, (OR Oil II::IZ "I'I"31..f OR IZANK): SIGNATURI:oP PF'RSONTAKINGAC:'KNOW LE'DGMF"NTI -) --- warl"111ty Deed 11rx Statements Im the real 1)10J)ortliii lltis irlslrtuncnl should he sent Io (include name and address of (ji-an€ce): Sr Mall LLC 100 Fourth AVeIIUc North Bayport, Minnesota 55003 Oppenheimer WoHT& Donnelly LLP 3300 Plaza Vil 45 South 7"' Street Minneapolis, Minnesota 55402 PO 1'111 IN O. L - I DD - Wal'Idn[Y [)CCO EXHIBIT A LEGAL DESCRIPTION Lo€ 6, Block 1. St. Croix Mall P.IJ.D., according to the recorded Flat thereof, Wasllillgtosl County, Minnesota. Together With the rights, casements and privileges created for and benefiting the above-described propel'ty render that certain St. Croix Mall (Zeal Estate Development Agreement filed as Document No. 389052 and those certain I_;asement Agreements filed as Document Nos. 389057 and 389054. Abstract Property EX141131T 13 PERMITTED ENCUMBRANCES Real estate taxes payable in 2006 and subsequent years, which are not yet due and payable. 2. Rights or claims of Andersen Corporation, as a tenant only, in possession under lease. Use restrictions as set forth in Lease and Ridcr dated May 23, 1967 and amendments thereto between Oak Park Development Co., Inc., as landlord, and Snyder- Brothers of Minnesota, Inc., as tenant, as evidenced by Memorandum of Lease by and between Oak Park Development Co., Inc., a Minnesota corporation, and Snyder faros., Inc., a Minnesota corporation, dated February 4, 1984, and filed February 21, 1984, as Document No. 460076, by Second Lease Rider filed Fcbr'uary 21, 1984, as Document No. 460075, by Third Lease Rider filed March 6, 1984, as Document No. 460813, and by Agreemeot containing Foorth Lease Rider (also known as the "Complete Lease") dated September 9, 1987, filed October 30, 1987, as Document No. 555341, and by Short Form of Lease for Recording, dated September 8, 1987, filed September 9, 1987, as Document No. 550754 and by Fifth Lease Rider dated March 14, 2000, 4. Use restrictions as set forth in Agreement by and between Swager Bros., Inc., a Minnesota corporation, Norris Swager and Norvin Swager, and Snyder Bros., Inc. a Minnesota corporation, dated September 8, 1987, and filed September 9, 1987, as DocUment No. 550753. 5. Electric transmission easement in favor of Northern States Power Company, a Minnesota corporation, and the terms and conditions and access and incidental rights as contained in Easement dated March 18, 1916 and filed May 25, 1916 as Document No. 61215 in Book 8l of Deeds, Page 510. Ellectric transmission casement in favor of Northern States Power Company, a Minnesota corporation, and the terms and conditions and access and incidental rights as contained in Easement dated February 22, 1967, and filed February 23, 1967, as Document No. 257525, in Book 297 of Deeds, Page 79. NOTE': Affects easement parcels. Electric transmission easement in favor of Northern States Power Company, a Minnesota corporation, and the terms and conditions and access and incidental rights as contained in Easement dated February 20, 1967 and filed March 1, 1967 as Document No. 257629 in Book 297 of Deeds, Page 115 and as contained in Modification of Easement, dated June 19, 1987, and filed October 30, 1987, as Document No. 555322. Electric transmission easement in favor of Northern States Power Company, a Minnesota corporation, and the terms and conditions and access and incidental rights as contained in 11"asement dated November 24, 1948 and Bled November 30, 1948, as Document No. 154454, in Book 153 of Deeds, Page 584. NO` FI: Affects caseme€it parcels. 9. St_ Croix Mall Real Estate Development Agreement and the terms, conditions, covenants, casements, and obligations including maintenance costs and assessments as contained therein, dated April 17, 1979, and filed April 18, 1979, as Document Nos. 389052 (Abstract) and 51881 (Torrens), as certain rights thereunder have been terminated and amended by that certain Declaration of Covenants, Conditions, and Restrictions, Grant of El'asements; Termination of Easements; Amendment of Declaration of Easement; and Amendment of St. Croix Mall Real Estate J. Ca-I» � Warranty DMI Development Agreement dated July 29, 2004, filed August 3, 2004 as Document Nos. 3457443 (Abstract) and 1147807 (Torrens). 10. basement Agreement and the terms, conditions, eovena€its, easements and obligations including; maintenance as contained therein, dated April 17, 1979, and filed April 18, 1979, as Document Nos. 389057 (Abstract) and 51878 (forrens). 11. Planned Unit Development Amendment Permit dated .lune 24, 2002, recorded October 11. 2002 as Document No. 3269850. 12. Third Amended Planned Unit Development Permit dated May 30, 2003, recorded .lune 2, 2003 as Document No. 3340887. 13. Declaration of l"'asement dated August 31, 1987 and recorded January 11, 1988 as Document No. 560918 (abstract) and filed October 30, 1987 as Document No. 85746 (torrens). NOTE": the above-described casement only benefits the property described on €.xhibit A and does not burden the property described on Eixhibit A. SATISFACTION AND RELEASE AGREEMENT THIS AGREEMENT' ("Agreement"), dated as of .--_____, 2006 by and among City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota ("City"); U.S. Batik National Association, a national banking association and successor to U.S. Bank Trust National Association, as 'Trustee ("Trustec"), and SC Mall LLC, a Minnesota limited liability company ("SC Mall"). RECITALS WI -I1 RAS, City is the contract venclor under that certain Installment Sale Agreement ("Installment Agreement") between City and Financial Properties Developers. Inc., a Georgia corporation ("financial Properties"), dated August 15, 1979, evidence of' which was recorded in that certain Memorandum of Fhe Installment Sale Agreement filed August 29, 1979 with the Washington County Recorder as Document No. 394866 ("Memorandum"), with respect to the sale of premises in Oak Pat-]( Ileights, Minnesota (containing approximately 3.8 acres together with all improvennents located thereon containing approximately 55,552 square feet) and more particularly described on L;xhibit "A" attached hereto and incorporated herein by this reference (the "Premises"), and the vendee's interest under the Installment Agreement was assigned by Financial Properties to Lyra 77 Associates, a Pennsylvania partnership ("I..yra 77"), pursuant to that certain "Transfer and Assignment of Installment Sale Agreement dated April 24, 1980, filed April 30, 1980 as Document No. 404235 ("Vendee Assignment One"), and the vendee's interest under the Installment Agreement was further assigned by Lyra 77 to SC Mall pursuant to that certain Assignment and Assumption of Installment Sale Agreement Rights dated March 1, 2001, filed March 9, 2001 as Document No. 3145929 ("Vendee Assigmnnent "two"). WI-IF.RI AS, City issued Bonds designated as "City of vale Park Heights, Minnesota, Industrial Development first Mortgage Revenue Bonds, Series A 1979, K Mart Corporation - Tenant and Guarantor" ("Series A 1979 Bonds") in the aggregate principal amount of Two Million and no/100 Dollars (`2,000,000.00) to finance the acquisition and construction of improvements on the Premises. The Series A 1979 Bonds were issued under and secured by (a) that certain First Mortgage Indenture and Deed of 'frust ("Mortgage") dated August 15, 1979, recorded August 29, 1979 as Document No. 394865, in the Office of the Washington County Recorder, and further secured by (b) that certain Assignment dated August 29, 1979 (`:Collateral Assignment"), which assigned the City's interests as the contract vendor under the Installment Agreement to 'Trustee. WI--II:Rl.AS, SC Mall made its last payment to City, as required by the Installment Agreement, on August 1, 2005, City made its last payment to Trustee, as required by the Mortgage, on August 1.5, 2005. City is, on even date herewith, delivering a warranty deed and bill of sale to SC Mall with respect to the Premises. WHEIREAS, in light of the foregoinu certain documents filed of record against the Premises shell be released, as described herein. NOW, "1�II1 RI hORI=,, in consideration of the foregoing and for good and valuable consideration, the receipt of which is hereby acknowledged, City, Trustee and SC Mall hereby agree as follows: The Installment Agreement and Mortgage are, with the indebtedness thereby secured, Tully paid and satisfied. 2. The undersigned hereby release the Premises from all claims and liens of and under the following instruments; a. Installment Agreement; b. Memorandum; C. Vendee Assignment One; d. Vendee Assignment Two; and e. Collateral Assignment and the Recorder, Washington County, Minnesota, is hereby authorized and directed to discharge said instruments upon the record thereof. 3. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be deemed an original, but such counterparts together shall constitute but one agreement and that facsimile signatures hereto shall have the same effect as original signatures. ITHE RI;?MAINDh:R OF THIS PAG11 SHALL REMAIN BLANK1 IN WITNESS WHERE0F, the undersigned has caused this Agreement to be executed as of tris _ _ _clay of __......_.___ 2006. CITY OF OAK PARK HEIGHTS, a municipal corporation under the laws of the State of Minnesota By: _ Name: Title: STATE OI� MINNESOTA ) ) Ss. COUNTY 01",WASHINGTON ) On this ...__ clay of _._._..._....__ 2006 before nw, the undersigned officer, personally appeared who acknowledged himself/herself to be the of City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota, and that s/he, as such officer, being authorized so to do, executed the foregoing instru€bent for and on behalf of the municipal corporation. (Print or type name of Notary) - Notary Public, State of'Minnesota [Above space for Notary Seal] My commission expires: [ SIGNA"l'URES CONTINUE, ON TI -II NEXT PAGE] U.S. Bank National Association, a national banking association and successor to U.S. Bank Tryst National Association, as Trustee By: Name: Title: STAFF' OF OREGON ) )SS' COUNTY OF MUT;T'NOMAH ) Oil this day of � 2006 before me, the undersigned officer, personally appeared -- who acknowledged himself/herself to be the _ of U.S. Bank National Association, a national banking association and successor to U.S. Bank `frust National Association, as Trustee, and that s/he, as such officer, being authorized so to do, executed the foregoing instrument for and on behalf of the national banking association, as Trustee. (Print or type name of Notary)_ Notary Public, State of Oregon [Above space for Notary Seal] My commission expires: (SIGNAI"URES CONTINUE ON 'THE NI XT PAG1= ) STAFE OF MINNESOTA ) ss. COUNTY Oil this day of ._W__ appeared .._.._._---------_. the SC MALL LLC, a Minnesota limited liability company 13y:. --- Name: Title: _ 2006 before mc, the undersigned officer, personally W who acknowledged himsell7herself to be of SC Mall LLC, a Minnesota limited liability company, and that s/he, as such officer, being authorized so to do, executed the foregoing instrument for and on behalf of the limited liability company. (Print or type name of Notary).,.-,,— Notary otary),— Notary Public, State of Minnesota I Above space for Notary Seal] My commission expires: THIS INSIRUMENT WAS DRAFTTD BY: OPPI NI-IE'lMER WOLF'F& DONNELLY LLP (CAI-;) Plaza VII, Suite 3300 45 South Seventh Street Minneapolis, MN 55402 Telephone: (612) 607-7000 EXHIBIT A LEGAL DESCRIPTION Lot b, 13lock 1, St. Croix Mall 1'.[J.D., according to the recorded plat thereof, Washington County, Minnesota. Together with the benefits and easements created in St. Croix Mall Real Estate Development Agreement Tiled as Document No. 389052, Easement Agreement filed as Document No, 389053, Easement Agreement filed as Document No. 389054, and Easement Agreement filed as Document No. 389057. Abstract Property OPPI-I'M I IMER: 2377515 v03 03/16/2000 0 x k, - i I A. k NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MIS! 654-22 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners@nacplanning.corn PLANNING REPORT TO: Eric Johnson FROM: Ann Rexine 1 Scott Richards DATE: March 2, 2006 RE: Oak Park Heights — Oakgreen Village PUD Concept Plan FILE NO: 798.02 -- 04.17 BACKGROUND Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance (VSSA) has made application for a 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 ISSUES AND ANALYSIS 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 59t€' 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 sarne 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 StreetlAccess. 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 58t" Street with 60t'' 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 58t" 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 4 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 59`h 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 58t" Street. The plans show a City sidewalk on the east side of Novak Avenue. The sidewalk will need to continue from 58th Street to 60t" 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 1 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 - 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. h 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. 15. The Planning Commission and City Council should comment on the need for upgrades to Oakgreen Avenue as part of this development. 8 A RECOMMENDING RESOLUTION OF TIIF PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACTAND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC. AND VALLEY SENIOR SERVICES ALLIANCE, FOR A REVISED PUL) 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 SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Uak Park I leights has received a request fron-i Tmi 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 58x' 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: SFL i1TTACI-IMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: 51;11; AT'FACI IMBNT 13 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 sta#Tprepared 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 pian 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 t13e following recommendation: NOW,THEREFORE, 13E I'h RESOLVED BY'rim, PLIANNING, COMMISSION FOR Tiro, CITY OF OAK PARK HEIGH'T'S 'rIJAT 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: S1-;1," A TACIIM1?,N1' A Be and the same as hereby reconlrncnded to the City Council of the City of Oak Park Heights for approval subject to the following conditions: 1. 13-4 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. �. 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'x' 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 coniment 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. I 11. The applicant shall provide vehicle count information and projections as required by the City HIngincer. 12. Detailed tree inventory, tree preservation, and landscape pians 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 Fleights this 9th day of March 2006, AT'T IS`1': Eric A. Johnson, City Administrator Mike Runk, Chair 3 ATTACBMENT A Folz, Freeman, Erickson, Inc. �H LAND PLANNING + SURVEYING + ENGINEERING oakgreen Village Preliminary Plat -- Legal Description' (Legal Descripdon 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 comer 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: 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. 1.14 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 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: B°inning 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 an a line parallel with the east line'thereof 115.00 to a paint: 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 lose 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, BOUTWELLS LANDING, according to the plat on file and of record in the Office of the County Recorder, Washington County, Minnesota. 2 of2 ATTACHMENT B Planned Unit Development (PUD): Revised Concept Plan OAKGREEN VILLAGE Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) 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) 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 58 TI 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 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 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 Connannunity 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 5$1h 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, 50h 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 59`h Street as part of the Oakgreen Village plat but not construct the roadway at this time. 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. S. 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 shell provide vehicle count information and projections as required by elle City I Angincer. 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. AT"I"1 "s'r. Eric A. Johnson., City Administrator David I3eaudei, Mayor 3 ATTAR A Fo1z, FreemanErickson, .Inc. Mff" LAND PLANNING + SURVEYING ► F-NGINEFRING s oakgreen 'Vf.11age Preliminary Plat - Legal Description (Legal Description of Property Surveyed Takea by Boundary Survey of Kurth surveying, Inc. 3anuary 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 Tarter 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 lin_ e 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: Comtaencing 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 beginlziug of this description: thence continue Northerly along said East line 218 feet to a point: thence West and perpendicular to last described line 200 feet to a point: thence South and parallel with the East line of said Southeast Quarter of the Northeast Quarter 218 feet to a point: thence East and perpendicular to last described line 200 feet to the point of beginning. Together with: Tracts A and B. Registered .Land Survey No. 114 Also together with: That part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the East line of the said Northeast Quarter of the Northeast Quarter, 472 feet North of the Southeast corner thereof: thence West on a line parallel with the South line thereof. 275 feet to a point: thence North on a line parallel with the East line thereof. 110 feet to a point. thence East on a line parallel with the South line thereof. 275 feet to a point -on the East line thereof: thence South on the East line thereof 110 feet to the point of beginning. Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Towaship 29'%, Range 20. Washington Count, 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 comer 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. 115.00 to a point: thence east on aline parallel with the south line thereof. 1.50.00 feet to a point on the east linel thereof: thence south on. the east line thereof'l15.00 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; Begiun ng at a point 242.00 feet north of the south line of said Northeast Quarter of the Northeast Quarter. and 15 0. 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, 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 Planned Unit Development (PUD): OAKGREEN VILLAGE Application Materials • Application Form • Fees Concept Plan • 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 Statements)/Legal Description(s) Planning Commission Public Hearing & Recommendation: March 9, 2006 Required Approvals: Planning Commission City Council PUD: General Concept 4/5 415 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 Concepi - 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) NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners(iPnacplanning.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: April 6, 2006 RE: Oak Park Heights — Oakgreen Village: Revised Concept Plan, City Council Review FILE NO: 798.02 — 06.03 As you are aware, the City Council, at their March 28, 2006 meeting, discussed issues related to the revised PUD concept plan for that area west of Oakgreen Avenue and north of 58th Street, known as Oakgreen Village. The Planning Commission, at their March 9, 2006 meeting, had recommended the revised PUD concept pian with conditions. The City Council directed staff to review the following issues prior to the consideration of the PUD at the April 11, 2006 meeting: PUD Versus R-3 District Development Standards. The City Council asked if the project, as proposed, would conform to R-3 District performance standards. The project would not conform in that it has been designed with private roads and without dedicated public right-of-way. The distance from front to front of townhome units is slightly over 60 feet. If developed as an R-3 District development without a PUD and with public streets, a right-of-way of 60 feet would be required and front yard setbacks of 30 feet would be required, The distance between those units that face the street would need to double. The McKean Square development featured public streets with a 50 foot right- of-way. As part of the PUD, 28 feet back to back streets were developed with all of the units maintaining a 20 foot separation from the curb line of the street network. The City Council accepted this PUD with a narrower public street width in order to maximize the tree preservation in the development. The McKern Square development also featured a significant variety in housing styles and unit types. Private Versus Public Streets. As designed, City staff would recommend that the City not accept right-of-way and the roadways in Oakgreen Village as public. The design of the development, with the long cul-de-sacs, the numerous driveways, and the long term maintenance requirements, would not be feasible for the City, especially from a public works perspective. The Planning Commission had recommended that the Oakgreen Village development be approved with a public street network. If the City Council is inclined to allow the development but with public streets, a significant redesign would reed to be done. In the alternative, the City Council could allow the development as proposed with a private street network that would be maintained by a homeowners association. 59th Street. City staff has recommended that as part of the plat, the right-of-way for 59th Street should be secured at this time. The current right-of-way and design of the street extends northward into developable area north of the Xcel Energy power line easement. The project engineer has indicated that he would provide an alternative design that would place more of the ponding area to the east and provide a partial right- of-way and street that would not extend all of the way to Oakgreen Avenue. The City Council should consider both plans and provide direction at the April 11, 2006 meeting. Traffic. The concept plan approvals require applicants to provide traffic count information and projections as required by the City Engineer. It is expected that the information will be provided at the time of general plan review and discussed at that time. The overall unit counts and resulting traffic generation would be lower than the general plan that was approved for this area by the City Council in March of 2004. Fire Protection/Suppression. The City Council asked if the units will be equipped with sprinkler systems. The applicant has indicated that all of the units would be equipped with sprinkler systems in accordance with the Building Code. 2 . . . . . . . ............. ........... . ..... ..... IRM , 77, Bonestroo Rosene Anderlik & Associates Engineers & Architects April 7, 2006 2335 West Highway 36 • St Paul, MN 55113 Office: 651-636-4600 • Fax: 651-6361311 wwwbonestroa cam Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd., P ,O. Box 2007 Oak Park Heights, MN 55082-2007 Re: Oakgreen Village- Stockpiles BRA File No. 55-05-000 Dear Eric: We have reviewed the ,grading plan and storm water runoff'patterns for the proposed stockpiles for Oakgreen Village as submitted by Folz, Freeman, Erickson, Inc. The proposed stockpile grading will maintain the existing drainage patterns. In addition, the rate of storm water runoff will meet existing discharge rates, At this time we take no exceptions with the plans. 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, ROSENE, ANDERLiK & ASSOCIATES, INC. Karen S. Erickson, P -E. cc. Tom OzzelIo, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Todd Erickson, Folz, Freeman Erickson, Inc.. DMP, BMK, File — Bonestroo & Associates K:155\SSprivatcloakgrcenvilEagei'c60G1joMnsnn�Ks E^sto�;kpi Inlncatians St, Paul. St. Cloud, Rochester. MN A Milwaukee. Wl • Chicago. IL Affirmativa Action/Equal Opportunfty Employer and Employee Owned .24 i. ten` -SO 7 _ � � I_v }Yj 4; �a a �v .:. t .. __. •e.d. dga'..�.y- � moi.. _ flp: .._ YHigh M� ti' � 1 - �� �■ SVA rw _ i y Relb- s„ s .... � ,—�... _ �,� � -•-�1•.''� I � li NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 2032, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.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 pians 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 pians 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. 2 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY 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 58`h 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 58ch 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: 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. 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. 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. 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 ATTACHMEIIT A Foh, Freeman, Erickson, Inc.. +7S AND PLANNING + SURVEYING � ENGINEERINGffl'0( *` LOCATION TO BE DETERMINED FROM FOLLOWING LEGAL AREA DESCRIBED *�* oakgreen Village Preliminary Plat - Legal Description (begat Description of Praperty 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 pant of the North Half of the Southeast Quarter of the Northeast Q�.arter 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 lhic of said Southeast Quarter of the Northeast Quarter: thence South along said East line 100 feet to the point of beQ nning 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 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, Miurxesota 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 comer thereof. thence west on a line parallel with the south line thereof. 150.00 feet to a point: thence. north du 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. 11.5.00 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 ofbegiming, Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29. Range of. County, Minnesota described as follows; Beginning at the southeast corner thereof and rust 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 ora 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 Quartet' 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, BOUTWELLS LANDING, according to the plat on file and of record in the Office of the County Recorder, Washington County, Minnesota. 2of2 ATTACHMENT B Conditional Use Permit Oakgreen Village Pill Placement in Area Located N. of 59th St. and W. of Oakgreen Ave. Application Materials • Application Form • l=ees • Plan Sets (3 Large Scale Sets120 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'1150' from subject property) • Proof of Ownership or Authorization to Proceed Property Tax State ment(s)ILegaI Description(s) Planning Commission Public Hearing & Recommendation: June 9, 2005 Required Approvals: CUP City Council 415 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) RESOLU"PION NO. CI'T'Y COUNCIL1 CITY OF OAK PARK 111AGT. TS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLIISHING 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 T14AT AREA KNOWN AS OAKGREEN VILLAGE, WEST OF OAKGRrEN AVENUE AND NORTI-I OF 58TIl STREET BE APPROVED WITH CONDITIONS WIJEREAS, 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 ]mown as Oakgree€3 Village, west of Oalcgreen Avenue and north of 58'x' 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: SEI -1' ATI'ACIIMI NT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Departn-rent consisting of the following items: SIZE ATTACI-IMENT I3 and 3. The subject property is zoned I3-4, 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 Coninussion held a public hearing at their March 9, 2006 meeting, tools comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, 13E IT RESOLVED 13Y 'I'hIE CITY COUNCIL FOR THE CITY OF OAK PARD HEIGHTS THAT THE CI'T'Y COUNCIL APPROVE'S 'I'llE FOLLOWING: A. The application submitted by Tim Nolde, representing Anchobaypro Inc. and Valley Senior Services Alliance, for a conditional use permit to stockpile topsoil and granular material within that area ]mown as Oakgreen Village, west of Oakgreen Avenue and north of 58'x' Strect and affecting the real property as follows: SI: I 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: 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 1-ngincer. 3. The plans shall be subject to review and approval of the City Engineer, 4. The fill shall be moved and final graded within 34 days following commencement of activity at either site. Seeding and landscaping shall be completed within 45 days from commencement of rill 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 I:ng€neer. 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. 'fhe 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 tinges during fill excavation and placement to ensure that there are not findings of inappropriate buried material or contai%tients. 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 ATTACHMENT 'A Folz, FreemanErickson, .Taco H LAND PLANNING + SURVEYING ENGINEERING TTTs ***'LOCATION TO BE DETERMINED FROM FOLLOWING LEGAL AREA DESCRIBED ** 0akgxeen Viilage Preliminary Plat 7 Legal Description (Legal Description of Property Surveyed Taken by Boundary survey of Kurth Surveying, Ina. Tanuary 31, 2002.) . A11 of the -North Half of the Southeast Quarter ofthe Northeast Quarter of Section 5. Township 29. Range 20. Washingtoza 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 550 feet to the point.of beg nning 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 an 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 1.00 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 coiner 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 Band 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 comer thereof: thence West on a line parallel with the South Iitae 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 ofbeginaing. Also together with, .That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29'. Range 20. Washington County, Miunesota described as follows:- Beginning ollows:Begi.nning 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 ou.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: B egin ing 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 S. 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 aline 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 aline parallel with the East litre 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 oft 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 (350'1150' 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 415 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) ��__ _. ri`w Page 1 of 1 Eric A. Johnson From: Marymccomber@aol.com Sent: Thursday, April 06, 2006 11;35 AM To: Eric A. Johnson Subject: NLC Conference Eric, NLC will be faxing the info for the conference in December. The registration is "early bird" if registered before June 1st at $365 - the price goes up after that. There is also the info on hotels, the Silver Legacy at $96 per night. I'll stop over later to fill you in on how it should be reserved, should the Council consent on Tuesday. Mary 4/6/2006 l Congress of Cities Conference Registration and Housing Form 83'° Congress of Cities & Exposition December 5 —• 4, 2006 RENO -SPARKS CONVENTION CENTER, RENO, NEVADA For Faster Registration and Housing Reservation, R@gistor 4nli�a at http,llwvyyy,nlc.ar_g No housing or (ogtstraflon will bo procossod wilhour accompanying payment /it full. Are you a newly elected officlal7 Size of city? Name Gender Title Cityiownizatlon Melling Addroas Stats ZIP Phone Fax _ Email Registrant's Email These Discounted Rates are only available until June 1, 2006, Special Conference Rates 5 First -Time Attendee $360 $ Registration Fees: Early Early Bird 1 NLC Member City $365) $ 2 Associate Member $365 3 SML'Member City $375 $ Non•Memberi0ther $395 $ To be eligible for the Early Early Bird Fee Registration forms must by PostmarRed by June 1, 2006, Conoftuoricy Group 2007 Comblsted Duos and Speoiel Event Fees ro RECIS7 R, see 000i and laes fistad or, the twill Conference Page at wwvr.nkr org You must be r gisierod tarrite confaranca 1n ordor to ariond. APAMO OueslAcliviiles Code: $ GLSLO Activity Fee code:— ode:HELO HE LODueslAciivilies Code: $ HE LO Aetivily Fee (nonmembsr only) Code: $ NBC -LEO DuesfActivilie5 Code: $ NBC LEO MemberBhlp Lvnchoon Event (nonmember only) Code_ __ 5 UCC ,ViembsrShlp Luncheon Roundtables Code: $FRFF, WIMG DueolLuncheen Code; $ WIMG Trite of Indy Luncheon (nonmember only) Codon _ _ 3- WIMG We€dome Reception (members 8 nonmembers) Code; $ TOTAL REGISTRATION FEE: $ Pleasi n6te,additional information regarding the conference with the option to register for Leaders hlp'Tralniny Institute seminars, spottselguast programs, etc, will follow this summer once plans for those events have been finalized, Hotel Reservations: You must be registered for the Conference to reserve a hotel room,, To guarantee year room, est hotels require one night's deposit plus tax, Per room 14 days prior to your arrival. Thls Is required even if you pfan to arrive before 6:00 p,m, if accommodations are not guaran lead 14 days In advance, the reserva!ion WN l be canceled; Lj Please make my hotel reservation as mdlcated below, U I do not rBgUlro hole€ accommodations at any of the holais listed below, U Pieme contact me regarding suite information, Room Dates: Arrival Date: _J„_/•,,,_, Departure Dale, J_I_ Room type: Lj Single (t peraonfl bed) L) Smoking L) Double (2 pecplell bed) (...j Non -Smoking iri COUI)WDouble {2 pe0002 beds) Room typos cannot bs gusronleed but Notws will altampi to aeoommodata all rsquesrs, Sharing My Room With (for Hotel Check In Purposes); Special Housing Request (e,g., wheolchairaccegvEbto roomt;,atc,): If you have special housing or transpontalion needs, please contact NI.0 Meeting SerWces, Holes Chofcos; Indicate your fusl•cholce note? with the number 1Number the other iioie€o from `2" to "9" In order of preference. Tha hotel listing appears in the order of the hotel map numbers. Silver Legacy and Circus Circus are the headquarters hotel. 5929—hi - Shver Legacy _ John Asgago's Nugget $94!$94 Circuw Circus – Main Towor 3851599 _ Popp crMill $941594 — Cfreus Circus – Sky Tower $791$79 Reno Hillon $941394 _ AIIanSs $1151$115 _ Siena $99109 Harrah's $891$99 Hotel OePoaltlnformalion: Anmajorcredilcardswith oxpiraliondata oft?/0&erfarorare amopled et the conference hoel1 All checks, government purchase orders, vouchers orclaims must oo submitted to the hotel with your Reg ID number at least 4 WEEKS lNovernber 5, 2006) prior to arilval, and are subject to hotel epprovol. Roglstratlon Fee Payment Information Lj Charge my REGISTRATION FEES to VISA, MasterCard orAmEz listed below Lj Check for REGiSTRATtON FEES made payable to National League of Cities LI Purchase Order for REGISTRATION FEES - copy must be enclosed a payment must be received by November 21, 2006, Hotel Oepeelt Payment Information U Charge my HOTEL DEPOSIT to the credit card listed below. L-) Check for HOTEL DEPOSIT. Please submit io hotel address noted on NLC Meeting Services' confirmation 4 WEEKS prior to arrival • subject to hotel approval. Gj Purchase Order for HOTE1­ DEPOSIT. Please submit to hotel addross noied on NLC Maehng Services' cont€rmaGOn 4 WEEKS prbr to erdmi • rubjwt to hotel approval. Credit Card Authoriz;rtionl NLC Meeting services Is authorized to use the card below to pay all applicable registration fees and guarantee my hotel reservation. I undersand that one night's room charge will be Veiled if 141 to show up for my assigned housing on the oonfirmed errivaE dale unless f have canceled my reservation with the hotel at ioasl 72 hours in advance, I understand that If I do no: show at the hotel on my confirmed arrival date, my reservatlorl will not be reinstated for remainder of the slay unless 1 instruct the hotel to reinstate my reservation, Reinstated reservations are subject to hotel's availability, VisaWasterCardlAmEx Number Exp. Date Card Holder Name Card Holder Signature Additional Credit Card Authorization: For hotel deposit only if different than the credit card number fisted above. (Ekplrafion dole must be Q/06 or later: per hotel requirement.) Credit Card Number Exp, Cate Card Holder Name Card Holder Signalure FOR MORE INFORMATION Return Conference Registration and Housing Form to: Phase: 858-319.3 B84 or 703.449.64 t s Fax; 701.631.6269 (Credit Card and Purchase Orders Only •- No Checks) ,V,2. n, Mail; Ni Mooting Services, do J, Spargo 8, Associates, Inc. 11212 Waples Mill Road, Suite 104, Fairfax, VA 22030 Officu Use Only paymenlM Checkk# Amount Htl— Subblk______ Cate Rate S21VIDOSSV T DOMS R11LS'ZI 90N'9 'Hyl r Oak Park Heights Request for Council Action Meeting Date January 24, 2006 Agenda Item Title National League of Cities Conference Attendance Time Required 5 Minutes Agenda Placement New Business Originating Department/Requestor Mary McComber/Judy Holst, Deputy Clerk Finance Director Requesters Signature ; 4,-, i. - Action Requested Discuss and give direction on attendance of NLC Conference Background/ Justification (Please indicate any previous action, financial implications including budget information and recommendations). Councilmember McComber should attend the NLC Conferences as she is on the transportation and infrastructure policy committee. Possible_fundine sources for the registration and expenditures associated with the cc ,1--rence, The Mayor & Council budget for travel, conferences, schools for 2006 is $7,OOa The estimate of expenditures for 2006 is as follows: LMC Conference for 5 Councilmembers $3,100 Mayor's Conference $200 Goal Setting $2,000 Experienced Officials Conference for 5 Councilmember $1,350 Miscellaneous 350 Total $7,000 Past history indicates only 3 of the 5 Councilmembers will attend the LMC Conference and I have not received any requests for the Experienced Officials Conference. Assuming we only have 3 members going to the LMC Conference and no members going to the Experienced Officials Conference, there would be a surplus in the Mayor & Council budget for travel, conferences, schools in the amount of $2,590. 1 would assume this would be enough to cover the NLC Conference registration, travel expenses, motel and any other expenses associated with the Conference. This area of the budget would be my first choice for funding the Conference. The General Fund Council Contingency would be my second choice for funding the Conference.