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Home My WebLink About2006-08-28 OPH Ltr to ApplicantCity of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 August 28, 2006 Mr. Tim No lde Anehobaypro, Inc. PO Box 119 Stillwater, MN 55082 RE: Correction Notice — CUP Issued April 19 2006 Mr. Nolde, On the evening of Thursday, August 24 2006, the City experienced rains through much of the day and into the early evening hours. As a result of your recent site grading, significant runoff occurred from your recently graded property onto the adjoining property known as Pondview. Upon further inspection it appears that: 1. Significant runoff moved off your site and through the Pondview property (see area 1 on attached map) utilizing Pondview's driveway as ditch 1 canal to a private storm water detention area. It appears that a sub- area holding pond should be installed on your property. Further, this runoff appears to be directly related to Item 4 below; 2. Several swales we not installed per the approved plan, (see area 2) resulting in the ponding of water to a point approximately 20' from the adjacent homes; 3. The newly installed catch basin, (see area 3) utilizes an above ground method of moving water into the storm sewer system, causing damage to Pondview's property, this catch basin must be tied in underground; 4. The area labeled (4) has been filled in with a large berm and was not permitted per the CUP and must be removed and/or corrected within 45 days. Alternatively CUP Amendment must be applied for and processed through the City Council, but with such application a Letter of Credit in the amount of $100,000 shall be supplied to the City . For your information 1 have enclosed a copy of the CUP that demonstrates the approved grading plans. Further, I have met with Todd Erickson at the site this morning and discussed these issues and needed corrections. At this point, 1 am in need of a letter from you discussing your proposed corrections and related revised plans demonstrating how you plan to deal with these issues. Other than the large berm, these corrections must be complete not later than Sept. 8, 2006. Should these corrections not be made by such date, the City will be required to access the Letter of Credit and will hold such funds until the site reflects full compliance with the terms of the CUP. P1 kno you have any questions. Ci A411 0,Ar A lstrator Eric Jo Cc Mark Vierling, City Attorney Dennis Postler, City Engineer Tom Ozzello, DPW 0( PT( Potat. F-1 C Julie Hultman V r Todd Erickson, FFE Corey VonEngen, Frattalone Companies City Council Members . r nw. . — - 4I4?UYY. , 11. ' AIMINIMME...—_. ...1=4 1 , WI 1' ''' 1 4 . 6' owal .1 REAVI .ift 1 L 1 I 1 4 k — --- —1 ;IX .1fi, ,te, f4- 1 Id ,,ttr., L.-- SUE.CT IONE! ...HT r. °cc Tsai.= =1: qtr.44:, 1,1 MC A • ; Akfil '.47:" 4$2 4 Z2/ vooi -I-44HEsirsipcs/ye.41 EKsEmEttr Do.c L • .4 LEGYffiJ p v.; L t"g IT PT Pgr;,-ace rooni va co-1i 13M3?, 1.41. rwc 1 4.5.6 • • ADA 11 'no z li t .1.1D^C,7 , r r-4-7,-,7,-°,Z*-1 4 1 43:117.—`77VA:r.' STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) NOTICE OF CERTIFICATION 1, the undersigned, being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY BY CERTIFY that I have compared the attached document: 2006. Conditional Use Permit, Ali Land Reclamation & Grading .Permit Far Tim Nolde, . epresen trng Ancliohaypro, Inc. and Valley. Senior Set v ces Alliance & C.S.1 Equities (N A C File No 798.02 - 04.17 & City File No. 06 02. d4) with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a fall, true and complete copy, which can be viewed at the city offices, of said document within the files of the City of Oak Park Heights. WITNESS ray hand and the seal of the City of oak Park Heights, this 20th day of *April, hnson ' d:tnini.stra CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT, FILL/LAND RECLAMATION AND GRADING PERMIT FOR TIM NOLDE, REPRESENTING ANCHOBAYPRO INC. AND VALLEY SENIOR SERVICES ALLIANCE & C.S.M. EQUITIES LLC, TO STOCKPILE TOP SOIL AND GRANULAR MATERIAL WITHIN THAT AREA KNOWN AS OAKGREEN VILLAGE, WEST OF OAKGREEN AVENUE AND NORTH OF 58 STREET BE APPROVED WITH CONDXTIONS Date Issued: April 19, 2006 Legal Description: (Washington County Geo.Codes: 05-029-20-11-0042, 05-029-20-11- 0030, 05- 029-20 -11- -0040, 05- 029 -20-11 -0024) Owner: Tim No1de .__._ Anchobaypo, In Address: P.O. Box 119 Stillwater, MN 55082 Site Address: See .Legal Description Present Zoning District: SEE ATTACHED LEGAL DESCRIPTIONS I.. PERMIT: The application submitted by Tim Nolde, representing Anchobaypro, Inc. and Valley Senior Services Alliance, CSM Equities, LLC is for a conditional use permit to stockpile top soil and granular :material within that area known as Oak green Village, west ofOak g reen Avenue and north of 55 Street. g g This permit as granted shall be subject to the following conditions and/or restrictions imposed by the City Council ()lithe City of Oak Park Heights. Permit Conditions.: The permit has been approved for issuance by the City Council subject to the following requirements: 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. The City must be notified that the silt fencing is in place and must first inspect and approve silt fencing prior to the initiation of fill placement or any other excavation. g p 1? 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 first approved in writing by the City .Engineer. 3 The plans shall be subject to review and approval of the City Engineer. Any catch basin and stormwater improvements, as required by the City Engineer, shall be installed by the applicant for compliance with this conditional use permit. 4 The fill shall be moved and final graded within 30 days following commencement of activit y at either site. Seeding and landscaping shall be completed within 45 days from commencement of fill activity at either site. A landscape plan and specifications for seeding shall be provided by the applicant and approved by the City prior to the movement of any fill material onto the site. 5 The applicant shall provide a dust containment plan, prior to the movement of any fill material onto the site, subject to review and approval of the City Engineer and/or Public Works Director. 6. The applicant shall first provide a security in the form of a letter of credit in the amount of S20,000 for completion of all conditional use permit conditions within one year of City Council approval and subject to the approval of the City Engineer. The drainage plan shall be revised, subject to review and approval of the City .. - - r, to incorporate changes so as to eliminate runoff ontn Oakgreen Avenue and P ondvi ew Condominiums properties. 8. The applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during fill excavation and placement to. ensure that there are not findings of inappropriate buried material or containments. Should any inappropriate materidb by 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. 9. The Applican t must comply 1 with the requirements, comments and recommendations provided by the Middle St. Croix Watershed Management Organization in their 4/5/06 review letter. 10. Fill material may only to be generated from sites within the Oak Park Commons y onY g SM Lowe's and Oak reed Village). No other fill material may be Plat area (i.e., C g placed at the site(s). city streets to transport the fill materials, the holder 11. If the permit holder utilizes � y p shall all kee same clean of debris and dirt during this permit term. The City Administrator will require street cleaning at Permit Holder's expense if streets are not kept clear of dirt and debris. 12. This Permit shall terminate effective September 30, 2006 1 III. Exhibit Attachments: Legal Description Exhibit Exhibit "A" Grading, Erosion Control & Drainage Plan as approved by Bonestroo, Rosene, Anderlik and Associates on April 7 ffi , 2006. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CIT f i i PART( HEIGHTS Date: Date: lders Tim Nolde, Anchobaypro, Inc. CSM EQUITIES WASHINGTON COUNTY GEO CODE: 05-029-20-11-0042 LEGAL DESCRIPTION: PART OF THE NE1/4-NE1/4 OF SECTION 5 TOWNSHIP 29 RANGE 20 BEING THE WEST 300.00 FEET OF THE EAST 1013.00 FEET OF THE NORTH 325.00 FEET OF THE NE 114 -NE 114 OF SECTION 5 TOWNSHIP 29 NORTH RANGE 20 WEST WASHINGTON COUNTY MN VALLEY SENIOR SERVICE ALLIANCE WASHINGTON COUNTY GEO CODE: 05-029-20-11-0030 LEGAL DESCRIPTION: PART OF THE NE1/4 OF NE1/4 052920 BEGINNING AT A POINT 242 FEET N OF S LINE OF SD NE1/4 OF NEI/4 150 FEET WEST OF EAST LINE OF SD NEI/4 OF NE1/4 SD POINT OF BEGINNING BEING THE SW CORNER OF THE TRACT OF LAND PREVIOUSLY CONVEYED BY 1ST PARTY ... ANCHO BAY PRO, INC WASHINGTON COUNTY GEO CODE: 05-029-20-11-0040 LEGAL DESCRIPTION: TRACT A RLS #114 OAK PARK HEIGHTS CITY ANCHOBAYPRO, INC LEGAL DESCRIPTION EXHIBIT Partial Legal Description May Be Used, See GEOCODE. WASHINGTON COUNTY GEO CODE: 05-029-20-11-0024 LEGAL DES CRIPTON : PART OF THE NE1 /4 OF NE1/4 052920 BEGINNING AT A POINT ON S LINE OF SDI /4 1/4 385 FEET W OF SE CORNER THEREOF THEN N ON A LINE PAR WITH LINE THEREOF 80 FEET TO A POINT THEN E ON A LINE PAR TO S LINE THEREOF 225 FEET TO A POINT THEN S ON ... EXHIBIT A GRADING EROSION AND DRAINAGE PLAN E3o `estroo Ro se ne Anderlik & Associates Efg neer & Architects April 7, 2006 Mr. Eric Johnson City Adrninistt ator City of Oak Park Heights 14168 Oak Park Blvd., P.0. 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 l� p ro osed 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 -815. Sincerely, BONESTROO, ROSENE, ANDERLIX & ASSOCIATES, INC_ Karen S. Erickson, P.E. West Highway 36 • St Paul. MN 55113 Office: 651- 636 -4600 • Fax: 651 -636 - 1311 www bonestroo corn cc: Tom Ozzello, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Todd Erickson, Folz, Freeman Erickson, Inc. ]JMP, BMK, File - Bonestroo & Associates KA55155privale \oDk ntnvill gere b06 ljohnson ^s!o.ckpiltloratinn 5t. Paul. St. Cloud. Rochester MN * Milwaukee. WI * Chicago. 1L Affirmative Action /Equal Opportunity Employer and Employee Owned . )14 ., ltt 041 ti h 1,•••••■•••. IVA .-... 41. F c. 0 1 • 11 00.1.1.5.:1 • ANCHOBAYPRO, INC. stilo mudNvi. Mt N. gli.WMTI, 3:21:1,0a UteiCSIOCX111 rtAN 0114 t1.13). 0AXCRED ViLLACE 04X PA io4 hCflt 111111,1.11 ,:v.511 can bn r.13,111, N C 1 /A VyrigagE.HOR 7ti / WORTH N ORTH • - • HE .74 NE 1/4 5 , 6W,921TaiWtgair 111 -T tek;Wai 4; air 4S754t41 tiE F2 1/4‘,-5-EC 5 F rOrripn;.Erik*6,1,1tic. skcars.A.N.Not .101.1011.kl. 1. ITLWA711,1t4 75-151 rii.144414.1 g X 1 14163 Oak Park Blvd. N 0 Box 2007 o OA August 28, 2006 of Oa, 'eghts John Geklerman Director of Development CbiV1 Corporation 500 Washington Avenue South, Suite 3000 Mpls., WIN 55415 RE: Correction Notice — Frontage Road Thioperty (Former Sigstad Parcel) PIM 0502920110042 Dear Mr. Cieldeman, On the evening of Thursday, August 24 2006, the City experienced ains through much of the day and into the early everting hours. As a result of y011i recent site grading , significant runoff occurred from your property to the east and collected ontt your neighbor's property flooding his building (Stillwater Glass). This site must be re-coatured and/or corrected so that water does not flow onto your neighbor's property. How you correct this condition must be compliant with all laws, easements and rules of record. For your information 1 have enclosed a copy of the CUP that clemonstra,tes the approved grading plans. 1 would note that the grading executed at the site does not comply with these approved plans. Additionally, 1 have enclosed photos of the area taken by myself that evening at approximately 8:15 pm. The correction work must be completed not later than September 8th, 2006. t rne4&6y# you have any questions. 'mere' 'tk, Jo / E ,/ City/A , t tnisiTator ce Mark Vierling, City Attorney Dennis Postler, City Engineer Tom Ozzello, DPW Julie - Hultman Corey Von Engen, Fraaalone Companies City Council Members 7" ark Heights, MN 55082 a Phone (651) 439-4439 Fax (651) 439-0574