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HomeMy WebLinkAboutDenny Hecker Ford • • Y M City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 December 4, 2008 Ms. Barbara Jerich President of Automotive Dealerships Denny Hecker's Automotive Group 500 Ford Road Minneapolis, MN 55426 RE: Ford Dealership Site - Corner of STH 36 and Osgood Ave. Dear Barbara: It is unfortunate that you had to close the Ford dealership in Oak Park Heights, however the City understands that these are interesting economic times. • However, the City is obligated to inform you of two items: 1. Presuming that your ceased car sales at this site on approx Nov 20th, 2008, you have 12 months to resume general sales operations at this site prior to the lapsing of your Conditional Use Permits as issued for such property. You may certainly request the City extend this timeline, but we would ask that this be done well in advance. 2. Should you not have a reasonable expectation that FORD vehicles or other car sales would not be returning to this site, the City asks that all signage related to car sales and non -site related signage be removed. City ordinance does require this, but you may be considering gearing -up this site again for car sales so it is understandable that you may hesitate. The City will revisit this issue in spring 2009. Per my discussion wi e• huldt, you are still pursuing alternative site developments for this area. Ple• e let ' e • • the City can assist in this discussion. R=• /ds rric J• rson City • inistrator Cc: Weekly Net: V Jean Sch 14 • Julie Hutt! an, Property / Planning File DENNYHECKER'S AUTOMOTIVE GROUP • Via Facsimile and US Mail (651) 439 -0574 facsimile The Honorable David Beaudet Mayor City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, Minnesota 55082 Re: WARN Act Notice Dear Mayor Harycki: Because of unforeseeable business circumstances and the inability to procure financing to keep the business operating, Denny Hecker's Stillwater Ford located at 14702 North 60 Street, Oak Park Heights, Minnesota 55082, is forced to close its operations permanently. Unfortunately, the Company is unable to give advance notice of this closure. The Company is required by the Worker Adjustment and Retraining Notification Act to give you notice of the • following information: All employees of the Company who are affected by this cessation of operations have been notified that they will be permanently separated from employment with the Company as of November 22, 2008. The Company intends to terminate 56 employees at this location. A list of the job titles affected and the number of affected employees in each classification is attached as Exhibit A. No bumping rights exist for the affected workers. If you would like more information about this matter, please contact Ms. Naomi Lewis at 952 -512 -8800. Sincerely Naomi Lewis DENNY HECKER'S AUTOMOTIVE GROUP, INC. 500 FORD ROAD MINNEAPOLIS, MINNESOTA 55426 952.512.8898 FAX 952.512.8945 2261822v1 800.4 26.6918 DENNY HECKER'S AUTOMOTIVE GROUP • EXHIBIT A Job Title Number of Individuals Business Manager 2 Facilities Director 1 Drivers 6 General Manager 1 Lot Technicians 3 Office Office Manager 1 Parts Counter 2 Parts Manager 1 Receptionist 1 Sales Manager 2 Service Advisors 5 Service Manager 1 Technicians 18 Salesperson • DENNY HECKER'S AUTOMOTIVE GROUP, INC. 500 FORD ROAD MINNEAPOLIS, MINNESOTA 55426 952.512.8898 FAX 952.512.8945 2261822v1 800.426.6918 Certified to be a true and correct copy of the original. CITY OF OAK PARK HEIGHTS / 0 AMENDED I• VARIANCE AND AMENDED CONDITIONAL USE PERMITS FOR Jacob Hollings of Stillwater LLC Date Issued December 9„ 2003 Planners File No. 798-02-03.12 & 06.01 Amended April 25, 2006 Legal Description: See Exhibit A. (P1N #33.030.20. Site Address: 14738 60th St. North, Stillwater, MN 55082 Applicant: Jacob Holdings of Stillwater LLC Address: 500 Ford Road Minneapolis, MN 55426 e e Owner: Erickson Post, Inc. 715 Florida Ave So/ STE Minneapolis MN, 55402 Present Zoning District: B -2, General Business Conditional uses set forth in Ordinance 401 Section 401.30 E. Conversion Van sales) accessory to principal auto I. CONDITIONAL USE PERMIT FOR: Auto � sales and related automobile sales and service business II. PRINCIPAL BUSINESS AND RELATED PROPERTIES: Main Dealership- 14702 60th St. North, Stillwater, MN 55082 (Mil 33 . 20. © 4 ) ) Additional Lot - offsite parking and open and outdoor storage (P Related Variances and Conditional Use Permits Granted: 1. Amended Variance and Conditional Use Permits for Routson Motors issued October 23, 2001 and • amended January 22, 2002. 410 . / ADDITIONAL RESTRICTIONS AND PROVISIONS. Approval of a Conditional Use Permit upon the subject site is subject to the following conditions: 1. The City fmds that the project is consistent with the conditional use permit criteria found in Section 401.30.E of the Zoning Ordinance. 2. . 2. The subject property at 14738 60t Street North be combined with the main dealership property at 14702 60 Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall be completed within 30 days following the remediation and cleanup of the lot at 14738 60 Street North from the contamination and certification by the MPCA on the cleanup project acknowledging closure on the project. 3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street North. 4. No signage shall be allowed on the subject property at 14738 60 Street North. The existing signage on the canopy shall be removed within 30 days following City Council approval of the conditional use permit. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area setback, parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than December 31, 2008. 6. The grading and drainage plan shall be subject to review and approval of the City Engineer. 7. The applicant shall keep open the driveway access to Osgood Avenue and the Highway 36 frontage road. 8. A landscape plan shall be submitted by the applicant, subject to review and approval of the City Arborist. 9. The applicant shall submit a revised lighting photometric plan with all site lighting subject to review and approval by the City. 10. Light shields shall be installed on the under canopy lights by January 15, 2004. 11. The applicant is requested, but not required, to replace the exterior broadcast paging system with hand held paging systems. Upon replacement of the external paging system, a hand held paging system shall be implemented at the main dealership property at 14702 60 Street North and the subject property at 14738 60 Street North. 46 The site plan shall designate, and the applicant shall supply, a total of four off - street parking stalls for employees and customers, at least one of which must be disability accessible on the subject property at 14738 60 Street North. 13. The building shall be inspected by the Building Official to determine if a building permit is necessary for the completed improvements. 14. Written documentation of closure is provided by the MPCA related to the contamination issues at 14738 60 Street North. 15. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed at night to a level that is acceptable to the City. 16. Forty -seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be dedicated for service at the main dealership property at 14702 60 Street North. Four parking stalls shall be dedicated for customer parking at the subject site at 14738 60 Street North. One vehicle shall be allowed per designated parking stall throughout the lot. 17. The applicant shall submit a revised site plan for the main dealership property at 14702 60 Street North indicating at 10 foot driveway and parking setback with parking areas, vehicle display areas, and access drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than December 31, 2008. 0 . All signage at the main dealership property at 14702 60 Street North shall be brought into conformance with the City's Sign Ordinance found in Section 401.15.0 of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. 19. All lighting, including fixtures and photometrics, at the main dealership property at 14702 60th Street North, shall be brought into conformance with the City's lighting requirements found in Section 401.15.B.7 of the Oak Park Heights Zoning Ordinance no later than December 31, 2008. 20. The applicant shall submit a development application by December 31, 2008 to the City for a new dealership building and site improvements that includes the properties at 14702 60 Street North and 14738 60 Street North. The applicant shall be required to post a Cash or Letter of Credit security satisfactory to the city staff with the development application for the total cost of the improvements to satisfy the conditions of the conditional use permit granted for the subject property on December 9, 2003. 21. The applicant shall complete the conditions of the conditional use permit granted for the subject property on December 9, 2003 no later than December 31, 2008. 22. If neither of the above stated conditions are complied with, the applicant shall remove all of the vehicles from the property at 14738 60 Street North and cease all car dealership operations at that site no later than December 31, 2008. • • IN WITNESS WHEREOF, the parties have set forth their hands and seals. CIT . OF OAK P ' IGHTS Date: By (s jpf David • audet, Mayor Date: 4 - /`O By A / r ric Johnson City Administrator Jacob Holdings of Stillwater LLC - 2`'' Dt' B Ste: 5 y Al Ire pjs r deN.l- • • EMIBIT A LEGAL DESCRIPTION- (former Service Station Site) All that part of Blocks 5 and 8 and all that part of Vacated Willim St. adjacent to said Blocks, of the Plat of Summit Park, as the same is on file and of record in the Office of the Register of Deeds in and for Washington Co., Minnesota, more particularly described as follows, to -wit: Commencing at the intersection of the centerline of the Vacated Myron St. with the westerly line of South 4 Street of the Plat of Summit Park, Washington County, Minnesota, thence South along said westerly line of South 4 Street on an assumed bearing of S0° 15' 20 "E for 213.30 feet to the point of beginning of this description: thence N89 °54'57 "W, parallel with said centerline of Myron St. for 181.00 feet; thence S0° 15'20 "E, parallel with said westerly line of South 4 St. for 160.46 feet to its intersection with the new proposed right -of -way of Minn. Hwy. 212; thence N59 °04'36 "E along said new proposed right -of way of Minn. Hwy. 212 for 82.55 feet; thence N72 °21`15 "E along said new proposed right -of -way of Minn. Hwy. 212 for 115.26 feet to said westerly line of South 4 St.; thence N0° 15'20 "W along said westerly line of South 4 St. for 82.83 feet to the point of beginning. Containing 0.50 Acres, more or less. Subject to an easement for ingress and egress over and across the West Twelve (12) feet of the 1 terly One Hundred Eighty -one (181) feet of the Southerly One Hundred Sixty and Forty-six Hundredths 0.46) feet of Blocks Five (5) and Eight (8) of Summit Park to the Westerly driveway located on the South line to the frontage road of Hwy. 212/36.2 • �.r • �. City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 June 1, 2006 Mr. Dan Bovin Meshbesher and Spence, LTD 1616 Park Ave. Minneapolis, MN 55404 RE: 14738 60 Street North — Former Amoco Site. Dear Mr. Bovin, For your information, I have provided you with a certified copy of the recently executed CUP document between the City and your client. Please let me know if you have any questions. The City will be recording the original. cere • Eric Jo on City inistrator C c: Mark Vierling Planning File • ■ • LAW OFFICES M ESHBESHER & SPENCE, LTD. ANTHONY J.NEMO RONALD I. MESHBESHER COLLEEN M. CHRISTIANSON ESHER JOHN P. CLIFFORD KONSTANDINOS NICKLOW DENNIS R. JOHNSON 1616 PARK AVENUE PAUL R. DAHLBERG DANIEL J. BOIVIN MINNEAPOLIS, MINNESOTA 55404 PAMELA J. SPAULDING 4111 MICHAEL C. SNYDER ANDREW DAVICK JOHN P. SHEEHY (612) 339 - 9121 • MARK D. STREED FAX (612) 339 - 9188 OF COUNSEL, DANIEL C. GUERRERO KENNETH MESHBESHER KATHERINE S. FLOM www.meshbesher.com JEFFREY P. OISTAD REPLY TO MINNEAPOLIS OFFICE June 2, 2006 Court Administrator . Civil Division YOUR Washington County Government Center FOR 14949 62n Street North INFORMATION P.O. Box 3802 Stillwater, MN 55082 -3802 Re: City of Oak Park Heights vs. Jacob Holdings of Stillwater, LLC; and Erickson Post Acquisition, Inc. Court File No.: C2 -04 -3992 Dear Sir/Madam: • Enclosed for filing in the above matter is the Stipulation for Dismissal Without Prejudice. Thank you for your attention to this filing and please call if you have any questions regarding it. Sinc-r- , y Ann T' h- ty Legal Secretary to Daniel J. Boivin ;ure Mark Vierling r I JUN � 2 2006 ; � Ir L I // _.,,. MINNEAPOLIS, WOODBURY, ST. CLOUD & ROCHESTER STATE OF MINNESOTA DISTRICT COURT CIVIL COURT DIVISION • COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Court File No. C2 -04- 003992 City of Oak Park Heights, STIPULATION FOR DISMISSAL a Minnesota Municipal Corporation, WITHOUT PREJUDICE Plaintiff, v. Jacob Holdings of Stillwater, LLC; and Erickson Post Acquisition, Defendants. The above -named parties stipulate to the dismissal of the above - captioned proceeding. • Date: - E? Date: ECKBERG, LAM - , BRIGGS, WOLFF & RLING, P.L.L.P. MESHBESHER & SPENCE, LTD. 4 Mark J. Vierling Daniel J. Boivin Attorneys for Plaintiff Attorneys for Defendants 1809 Northwestern Avenue 1616 Park Avenue Stillwater, Minnesota 55082 Minneapolis, Minnesota 55404 (651) 439-2878 (612) 339-9121 Attorney I.D. 230868 Attorney I.D. 135215 • 1 " t ' JUN 1 2 2006 LCKBLRG LAMMERS IS: ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 Writer's Direct Dial: Stillwater, Minnesota 55082 (651) 351 -2118 (651) 439 -2878 Fax (651) 439 -2923 Writer's E -mail: www.eckberglammers.com mvierling@eckberglammers.com James Lammers April 27, 2006 Robert Briggs Mark Vierling Thomas Weidner Susan Olson David Snyder Mr. Daniel Boivin Sean Stokes Meshbesher & Spence, Ltd. Laura Sean Stokes 1616 Park Avenue Joshua Christensen Minneapolis, Minnesota 55404 Timothy Brausen Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC and Erickson Post Acquistions, Inc. Court File No. C2- 04- 003992 Dear Mr. Boivin: Enclosed herewith please find a Stipulation for Dismissal Without Prejudice in original triplicate format. Please after signing, return one to this office, forward one to the Court for filing and, of course, retain • one for your file. Thank you for your cooperation and assistance in bringing this matter to conclusion. Yours very truly, • Mark J. Vierling MJV /sdb Enclosure cc: Eric Johnson, City Administrator • ECKBERG, LAMMERS, BRIGGS, WOLFF 6 VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation STATE OF MINNESOTA DISTRICT COURT CIVIL COURT DIVISION • COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Court File No. C2 -04- 003992 City of Oak Park Heights, STIPULATION FOR DISMISSAL a Minnesota Municipal Corporation, WITHOUT PREJUDICE Plaintiff, v. Jacob Holdings of Stillwater, LLC; and vri Erickson Post Acquisition, (0) Defendants. The above -named parties stipulate to the dismissal of the above - captioned proceeding. • Date: Date: ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. MESHBESHER & SPENCE, LTD. Mark J. Vierling Daniel J. Boivin Attomeys for Plaintiff Attorneys for Defendants 1809 Northwestern Avenue 1616 Park Avenue Stillwater, Minnesota 55082 Minneapolis, Minnesota 55404 (651) 439-2878 (612) 339-9121 Attorney I.D. 230868 Attorney I.D. 135215 ECKBERG LAMMERS ►�i 1 ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 . Writer's Direct Dial: Stillwater, Minnesota 55082 (651) 351 -2118 (651) 439 -2878 Fax (651) 439 -2923 Writer's E -mail: www.eckberglammers.com mvierling@eckberglammers.com James Lammers April 3, 2006 Robert Briggs Mark Vierling Thomas Weidner Susan Olson David Snyder Mr. Eric Johnson Sean Stokes City Administrator Laura Domagala City of Oak Park Heights Joshua Christensen 14168 Oak Park Blvd N Timothy Brausen Oak Park Heights, MN 550820574 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC Dear Eric: As a result of the Rule 16 hearing that was held on Friday, March 31, court trial has now been set in this matter for Wednesday, June 7, 2006. If this matter proceeds to trial, we will need your presence at that hearing so plan to attend the matter and appropriately calend. • - : - t you reserve that date. • Yo • very truly,,,-- k J. Vierling MJV /sdb • ECKBERG, LAMMERS, BRIGGS, WOLFF 3 VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation i �tw - City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 March 31st, 2006 Mr. Bill Rambow Denny Hecker Automotive / Jacob Holdings 500 Ford Road St. Louis Park, MN 55446 RE: Former Amoco Site Dear Bill, This letter serves as a reminder to you that the Planning Commission delayed the further consideration of your needed Conditional Use Permit Amendment(s) until they are provided detailed information regarding the petroleum clean-up that is occurring at the site. To date the City has not been provided any additional information. • Specifically they are looking for the following information and in some detail: What firm is performing the work? What is the clean -up methodology, What is the timeline for completion? As stated at the meeting, Planning Commission asked that this information be provided by the fine actually performing the work, either in writing or in person at the April meeting to be held at 7pm on April 13 2006 at City Hall. If this information is to be provided in writing, I must receive this information not later than noon on F ' • ay, April 7 2006. Ple • et . e ow if you have any questions. ; y, ric o son C A ►a 'inistrator C : Mark Vierling City Attorney Scott Richards, NAC Julie Hultman Attorney Daniel Bovin • `Y kl . I 12 „et . LAW OFFICES G RONALD I. MESHBESHER MESHBESHER & SPENCE, LTD. ANTHONY J. NEMO JOHN P. CLIFFORD COLLEEN M. CHRISTIANSON DENNIS R. JOHNSON 1616 PARK AVENUE KONSTANDINOS NICKLOW DANIEL J. BOIVIN PAUL R. DAHLBERG 0 MICHAEL C. SNYDER MINNEAPOLIS, MINNESOTA 55404 PAMELA J. SPAULDING JOHN P. SHEEHY (612) 339 -9121 ANDREW DAVICK MARK D. STREED DANIEL C. GUERRERO FAX (612) 339 -9188 OF COUNSEL KATHERINE S. FLOM www.meshbesher.com KENNETH MESHBESHER JEFFREY P. OISTAD REPLY TO MINNEAPOLIS OFFICE February 1, 2006 Mr. Mark Vierling City Attorney Eckberg, Lammers, Briggs, Wolff & Vierling, PLLP Suite 110 . 1809 Northwestern Avenue Stillwater, MN 55082 RE: Jacob Holdings of Stillwater, L.L.C. (Denny Hecker) Application to Amend Conditional Use Permit Dear Mr. Vierling: Thank you for your time at our meeting on January 25, 2006. I want to follow up with the • items we discussed to make sure we are all in agreement on how we are to proceed forward. During the meeting we covered the items outlined in your letter of January 25, 2006, to the Planning Commission Members. As you know, we discussed the recent news we learned from the representative of Erickson Post Acquisition Inc. Unfortunately, there is a continuing delay in our ability to close on the property pending the documentation of closure from the MPCA related to the contamination issues of the property. Our understanding is that you are going to speak with the Erickson Post representative and confirm that in fact we are delayed for approximately another one and a half years. As you also know, the ultimate goal of Mr. Hecker and his organization is to build new dealership facilities on the property in question. However, the unknowns have been the completion date of the cleanup and the Highway 36 project. Mr. Rambow will work on getting some preliminary plans drawn up and to your office no later than February 24`". This should give the city an idea on what Mr. Hecker would like to see and develop in the future. In the meantime we will address the following items. 1. We will prepare a drainage plan which shall be subject to review and approval of the city engineer. 2. We will submit a lighting photometric plan to verify the work that was done on the project subject to review and approval by the city. 1 MINNEAPOLIS, WOODBURY, ST. CLOUD & ROCHESTER • MESHBESHER & SPENCE, LTD. • Mr. Mark Vierling Page Two February 1, 2006 3. We shall submit a future site plan for the dealership property which will address the issues raised in your letter. We would ask that we have until October 15, 2010, to begin construction pursuant to plans which will be subject to review and approval in the future. In the meantime, we will see if it is necessary to reschedule the preliminary hearing set for March 31, 2006. Our goal is to have the items outlined in this letter completed and submitted by February 24, 2006, so that we get on the planning commission agenda for March. Let me know if there are any other issues we need to address. Thank you again for your cooperation. Very truly yours, ESHB 4 R & SPENCE, LTD. 411 , Ara Daniel J. Boivin DJB:amg c: Eric Johnson City Administrator City of Oak Park Heights Scott D. Richards Senior Planner Northwest Consultants, Inc. Bill Rambow Denny Hecker Automotive Via Fax and US Mail • NAC,�, NORTHWEST ASSOCIATED CONSULTANTS, INC. • 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com January 26, 2006 Mr. Bill Rambow Jacob Holdings 500 Ford Road St. Louis Park, MN 55426 RE: Oak Park Heights — Auto Sales Lots, 14738 60 Street North Amended Conditional Use Permit FILE NO: 798.02 — 06.01 Dear Mr. Rambow: Thank you for meeting with the Oak Park Heights City staff regarding the conditional use permit for the former Amoco service station site adjacent to the Denny Hecker dealership on the corner of Osgood Avenue and the north frontage road of Highway 36. • From that meeting, it is our understanding that you would like to delay consideration of this item to the March 9, 2006 Planning Commission meeting. That would enable you to provide the City with a conceptual site plan for eventual redevelopment of the two properties into one coordinated development with a new sales /service building. In order for the Planning Commission to review that site plan with the amended conditional use permit on March 9, 2006, it should be submitted to the City by February 24, 2006. If you have any questions regarding this schedule, please do not hesitate to contact me at your convenience. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. At1/4, Scott D. Richards, AICP Senior Planner c: Eric Johnson Julie Hultman Erickson -Post Acquisitions • • ECKBERG • LAMMERS ►�i ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 Stillwater, Minnesota 55082 (651) 439 -2878 Fax (651) 439 -2923 Writer's Direct Dial: www.eckberglammers.com (651) 351 -2118 James Lammers mvierling @eckberglammers.com Robert Briggs Mark Vierling January 25, 2006 Thomas Weidner Susan Olson David Snyder Planning Commission Members Sean Stokes c/o Eric A. Johnson City Administrator Laura Domagala City of Oak Park Heights Joshua Christensen 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Jacob Holdings of Stillwater, L.L.C. (Denny Hecker) Application to Amend Conditional Use Permit Dear Planning Commission: • The City of Oak Park Heights issued a Conditional Use Permit to Jacob Holdings of Stillwater, L.L.C. in December of 2003 relative to the Amoco service station adjacent to the Denny Hecker dealership on the corner of Osgood and the north frontage road. The Conditional Use Permit was to allow parking on the former Amoco gas station site and the Council granted the Conditional Use Permit, but appended to it a number of conditions. Those conditions are as follows: 1. The City finds that the project is consistent with the conditional use permit criteria found in Section 401.30.E of the Zoning Ordinance. 2. The subject property at 14738 60 Street North be combined with the main dealership property at 14702 60 Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall be completed within 30 days following the City Council approval of the conditional use permit. 3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street North. 4. No signage shall be allowed on the subject property at 14738 60 Street North. The existing signage on the canopy shall be removed within 30 days following City Council approval of the conditional use permit. 1 ECKBERG, LAMMERS. BRIGGS, WOLFF 8 VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation Planning Commission City of Oak Park Heights January 25, 2006 Page 2 5. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area setback, parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than June 15, 2004. 6. The grading and drainage plan shall be subject to review and approval of the City Engineer. 7. The applicant shall keep open the driveway access to Osgood Avenue and the Highway 36 frontage road. 8. A landscape plan shall be submitted by the applicant, subject to review and approval of the City Arborist. 9. The applicant shall submit a revised lighting photometric plan with all site lighting subject to review and approval by the City. 10. Light shields shall be installed on the under canopy lights by January 15, 2004. • 11. The applicant is requested, but not required, to replace the exterior broadcast paging system with hand held paging systems. Upon replacement of the external paging system, a hand held paging system shall be implemented at the main dealership property at 14702 60 Street North and the subject property at 14738 60 Street North. 12. The site plan shall designate, and the applicant shall supply, a total of four off - street parking stalls for employees and customers, at least one of which must be disability accessible on the subject property at 14738 60 Street North. 13. The building shall be inspected by the Building Official to determine if a building permit is necessary for the completed improvements. 14. Written documentation of closure is provided by the MPCA related to the contamination issues at 14738 60 Street North. 15. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed at night to a level that is acceptable to the City. 16. Forty -seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be dedicated for service at the main dealership property at 14702 60 Street North. Four parking stalls shall be dedicated for customer parking at the subject site at 14738 60 Street North. One vehicle shall be allowed per designated parking stall throughout the lot. Planning Commission City of Oak Park Heights January 25, 2006 Page 3 AP 17. The applicant shall submit a revised site plan for the main dealership property at 14702 60 Street North indicating at 10 foot driveway and parking setback with parking areas, vehicle display areas, and access drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than October 15, 2008. 18. All signage at the main dealership property at 14702 60 Street North shall be brought into conformance with the City' s Sign Ordinance found in Section 401.15.G of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. 19. All lighting, including fixtures and photometrics, at the main dealership property at 14702 60th Street North, shall be brought into conformance with the City's lighting requirements found in Section 401.15.B.7 of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. As to the conditions approved, my understanding is that the applicant would like to ask the Council for some modifications to those conditions. You will note that the City and the applicant had a dispute over the permit, which the subject of a district court proceeding which is scheduled to be heard in a 411 preliminary hearing on March 31, 2006. The applicant is proceeding at this time to obtain amendments to these various conditions set forth below and it is anticipated that if these conditions are successfully amended, that action will resolve itself. The conditions that I am aware of that are desired to be modified are as follows: A. Condition No. 5. The applicant was required to submit a revised site plan indicating 10 foot setbacks, parking area setback, parking area, vehicle display areas, and access drives with concrete curb and gutter subject to review and approval of the City Engineer. Landscaping improvements were to be completed no later than June 15, 2004. The applicant is seeking an amendment to this condition to extend out the compliance date as they do not wish to make improvements with concrete curb and gutter given the MnDOT Highway 36 bridge plans that show a taking and condemnation of the area should that Highway 36/bridge project proceed. The applicant is asking for an extension to allow the improvements relative to the concrete curb and gutter to be delayed until such time as there is a final determination from the City of Oak Park Heights with regard to Highway 36/bridge project/layout approval. B. Condition No. 8 required the provision of a landscaping plan for the site. A landscaping plan in a formal sense perhaps has not been submitted at this date and that too is the request from the applicant to delay the submission. C. Condition No. 14 required written documentation of closure to be provided by the MPCA related to a contamination issue at the Amoco site which was being remediated at the time of the Planning Commission City of Oak Park Heights January 25, 2006 Page 4 1 Conditional Use Permit application originally in 2003. That remediation and final certification of the site needs to come from the MPCA and the City needs to obtain copy of that. I trust that the applicant can submit detail on the status of that project so that that compliance issue can be dealt with. D. Condition No. 15 required that architectural lighting on the building at 14738 — 60 Street would be dimmed at night to a level that is acceptable to the City. The City Administrator is better informed on that project and I know that this relates also to the former Amoco Building site and I trust that that has been accomplished. E. Condition No. 17 required the submission of a revised site plan for the main dealership of the property, again requiring 10 foot driveway and parking setback with parking areas and drives constructed with concrete curb and gutter. The applicant will request an extension of time on this matter to coincide with the Highway 36/bridge project in the same manner as was previously set forth in this letter relative to Item Condition No. 5. F. Condition No. 18 required that all signage at the main dealership be brought into conformance with the City's sign ordinance; however, there is a compliance performance date on that to be occurring no later than October 15, 2008. G. Condition No. 19 required all lighting, lighting fixtures and photometrics at the main dealership property to be brought into conformance again with the City's zoning ordinance no later than October 15, 2008. I trust that the applicant or their representative will have a discussion of the items that they wish to have reviewed relative to this permit. The purpose of this letter is to outline the issues as this office understands them to be so that the Planning Commission can be informed and proceed with an early discussion on the topic. One of the attorneys -- . office will be at that meeting to answer questions and to be available to you should yo - ed. Yours ve truly, M., k J. Vierling MJV /sdb • pc: Eric Johnson, City Administrator NAC. NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 • Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com January 19, 2006 Mr. Bill Rambo Jacob Holdings 500 Ford Road St. Louis Park, MN 55426 RE: Oak Park Heights — Auto Sales Lots, 14738 60 Street North Amended Conditional Use Permit FILE NO: 798.02 — 06.01 Dear Mr. Rambo: The City of Oak Park Heights is in receipt of your application for an amended • conditional use permit, submitted on January 5, 2006, to consider a change in conditions for the conditional use permit and amended variance approved for the auto dealership at 14738 60 Street North in Oak Park Heights. With this letter, we are notifying you that your application will be deemed complete with receipt of the following items by January 25, 2006: 1. Mailing labels from Washington County for all properties within 350 feet from the subject site. 2. The application must be signed by a representative of Erickson -Post Acquisitions. 3. A letter from the applicant outlining what revisions to the 19 conditions of approval of the conditional use permit/variance are being requested. A copy of the recorded conditional use permit signed February 4, 2004 is attached. As part of the review process for this application, a plan review will be held on January 25, 2006 at 10 :30 AM at City Hall. We encourage you and /or representatives to attend the meeting. If the information is submitted as outlined in this letter, this application will be placed on the Planning Commission agenda for their meeting on February 9, 2006, scheduled for 7:00 PM at City Hall. i s Mr. Bill Rambo Page Two Pursuant to Minnesota Statutes 15.99, Subd. 3(f), the City of Oak Park Heights is herewith extending the period of time for agency /city review of the application for an additional 60 day period (for a total of 120 days from the date of application) inasmuch as the City has determined that additional research and study by the City staff relative to the complexity of the project as proposed will be required. Please contact me with any questions you may have. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. (4 Scott D. Richards, AICP Senior Planner • c: Eric Johnson Julie Hultman Erickson -Post Acquisitions IP 4 JAN -18 -2086 12:21 OAK PARK HEIGHTS CITY P.03/08 • NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Amended Variance and Conditional Use Permit For Jacob Holdings of SdlIviater, LLC 14738 60 St. N. with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a • full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 5th day of January, 2004. jig( c Johns „n City Adminis • - tor ,..ate +�'..�., .• <, • . �. .l y ti • .JAN -18 -2006 12:21 OAK PARK HEIGHTS CITY P.05 /08 • III. ADDITIONAL RtSTRICTIONS AND PROVISIONS. Approval of a Conditional Use permit upon the subject site is subject to the following conditions: 1. The City finds that the project is consistent with the conditional use permit criteria found in Section 401.30.E of the Zoning Ordinance. 2. The subject property at 14738 60 Street North be combined with the main dealership property at 14702 60th Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall be completed within 30 days following the City Council approval of the conditional use permit. 3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street North. 4. No signage shall be allowed on the subject property at 14738 60 Street North. The existing signage on the canopy shall be removed within 30 days following City Council approval of the conditional use permit. 5. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area setback, parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review and approval of the City Engineer. The parkMg lot and required landscape improvements shall be completed no later than June 15, 2004. • 6. The grading and drainage plan shall be subject to review and approval of the City Engineer. 7. The applicant shall keep open the driveway access to Osgood Avenue and the Highway 36 frontage road. 8. A landscape plan shall be submitted by the applicant, subject to review and approval of the City Arboris 9. The applicant shall submit a revised lighting photometric plan with all site lighting subject to review and approval by the City. 10. Light shields shall be installed on the under canopy lights by January 15, 2004. 11. The applicant is requested, but not required, to replace the exterior broadcast paging system with hand held paging systems. Upon replacement of the external paginl system, a hand held paging system shall be implemented at the main dealership property at 14702 60`" Street North and the subject property at 14738 60 Street North. 12. The site plan shall designate, and the applicant shall supply, a total of four off -street parking stalls for employees and customers, at least one of which must be disability accessible on the subject property at 14738 60 Street North. • 40 `-JAN -18 -2006 12:22 OAK PARK HEIGHTS CITY P.07 /08 Ems' A LEGAL DESCRIPTION- (former Service Station Site) All that part of Blocks 5 and 8 and all that part of Vacated Wglim St. adjacent to said Blocks, of the flat of Summit Park, as the same is on file and of record in the Office of the Register of Deeds in and for Washington Co., Minnesota, more particularly described as follows, to-wit Commencing at the intersection of the centerline of the Vacated Myron St. with the westerly line of South 4' Street of the Plat of Summit Park, Washington County, ivBnnesota, thence South along said westerly line of South 4 Street on an assumed bearing of SO" 15' 20"E for 213.30 feet to the point of beginning of this description: thence N89°54T57 "W, parallel with said centerline of Myron St. for 181.00 feet; thence SO° 15 20 E,, parallel with said westerly line of South 4 St. for 160.46 feet to its intersection with the new proposed right-of-way of Minn, Hwy. 212; thence N59 °04'36 "E along said new proposed right -of way of Minn. Hwy. 212 for 82.55 feet; thence N72 °21' 15 "E along said new proposed right -of -way of Minn. Hwy. 212 for 115.26 feet to said westerly line of South 4 St.; thence NO° 15'20 "W along said westerly line of South 4 St. for 82.83 feet to the point of begiiming. Containing 050 Acres, more or less. Subject to an easement for ingress and egress over and across the West Twelve (12) feet of the Easterly One Hundred Eighty (181) feet of the Southerly One Hundred Sixty and Forty -max Hundredths (160.46) feet of Blocks Five (5) and Eight (8) of Summit Park to the Westerly driveway located on the South . line to the frontage road of Hwy. 21 2/36.2 • ECKBERG LAMMERS ►�i ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 • Stillwater, Minnesota 55082 (651) 439 -2878 Direct Dial: (651) 351 -2118 Fax (651) 439 mvierling @eckberglammers.com www.eckberglammers.com James Lammers Robert Briggs December 22, 2005 Mark Vierling Thomas Weidner Susan Olson Mr. Eric Johnson David Snyder City Administrator Sean Stokes Oak Park Heights, City of 14168 Oak Park Boulevard Laura Domagala Joshua Christensen P.O. Box 2007 Oak Park Heights, MN 550822007 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, L.L.C., et al. Court File No. C2- 04- 003992 Dear Eric: > , Encl t sed herewith for your information please find copy of court notice setting this matter for a • ' u'' N Hearing on March 31, 2006 at 9:00 o'clock a.m. If you have any questions regarding this correspondence, please do not hesitate to contact me directly. Very truly yours, Mark J. Vierling MJV1-9 Enclo "sure • ECKBERG, LAMMERS, BRIGGS, WOLFF 6 VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation ECKBERG4p4, LAMMERS 1/4/11 ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 Stillwater, Minnesota 55082 (651) 439 -2878 Fax (651) 439 -2923 www.eckberglammers.com Writer's Direct Dial: James Lammers Robert Briggs (651) 351 -2118 Mark Vierling Thomas Weidner mvierling @eckberglammers.com Susan Olson David Snyder December 12, 2005 Sean Stokes Ms. Robyn Murphy- Erickson Laura Domagala tenser Joshua Christensen Scheduling Aide to Judge Ekstrum Washington County Government Center 14949 — 62 Street North P.O. Box 6 Stillwater, Minnesota 55082 Re: City of Oak Park Heights v. Jacob Holdingof Stillwater, L.L.C. Court File No. C2 -04- 003992 Dear Robyn: We are in receipt of your Scheduling Order in this matter for Rule 16 Conference on January 4, 2006. Please take note that I am scheduled to be in Detroit Lakes for a Pre -Trial Hearing on that day • and will not be able to make the scheduled time as you have suggested. I am respectfully requesting a continuation of this time, either to January 11 at 9:00 a.m. or the 18 at 9:00 a.m. Very Truly Yours, Mark J. Vierling MJV /sdb pc: Daniel Boivin Eric Johnson, City Administrator (w /enc) DEC 1 4 • ECKBERG. LAMMERS, BRIGGS, WOLFF t3 VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation MARK J VIERLING Washington County ECKBERG LAMMERS BRIGGS ET AL Stillwater, Minnesota 1809 NORTHWESTERN AVE STE 110 STILLWATER MN 55082 NOTICE OF: RULE 16 HEARING Case Number: C2 -04- 003992 - 41110 Re: CITY OF OAK PARK HEIGHTS BWE - -- vs. JACOB HOLDINGS OF STILLWATER LLC et al. You are hereby notified that the above matter has been set for Rule 16 Hearing on Mar 31, 2006 at 9:00 a.m. before the Honorable B. William Ekstrum at the following location: Washington Cty Government Ctr. 14949 62nd St N -PO Box 3802 Stillwater, MN 55082 -3802 You are expected to appear at the above time and place fully prepared. Dec 16, 2005 Christina M. Volkers Court Administrator Phone: (651) 430 -6327 By: ROBYN MARK J VIERLING Washington County ECKBERG LAMMERS BRIGGS ET AL Stillwater, Minnesota 1809 NORTHWESTERN AVE STE 110 STILLWATER MN 55082 NOTICE OF: RULE 16 HEARING Case Number: C2 -04- 003992 Re: CITY OF OAK PARK HEIGHTS BWE - -- vs. JACOB HOLDINGS OF STILLWATER LLC et al. You are hereby notified that the above matter has been set for Rule 16 Hearing on Jan 4, 2006 at 9:00 a.m. before the Honorable B. William Ekstrum at the following location: Washington Cty Government Ctr. 14949 62nd St N -PO Box 3802 Stillwater, MN 55082 -3802 You are expected to appear at the above time and place fully prepared. *AGREEMENT WAS REACHED 3/30/05 AND NOTHING HAS BEEN RECEIVED; IF STIPULATION IS RECEIVED PRIOR TO 1/4/06, HEARING CAN BE CANCELED. Dec 6, 2005 Christina M. Volkers Court Administrator Phone: (651) 430 -6327 By: ROBYN 411 STATE OF MINNESOTA TENTH JUDICIAL DISTRICT COUNTY OF WASHINGTON Stillwater, MN Case Number: 82- C2 -04- 003992 NOTICE OF JUDICIAL ASSIGNMENT Case Title: CITY OF OAK PARK HEIGHTS BWE 410 vs. JACOB HOLDINGS OF STILLWATER LLC et al. MARK J VIERLING ECKBERG LAMMERS BRIGGS ET AL 1809 NORTHWESTERN AVE STE 110 STILLWATER MN 55082 DATE OF FILING: You are hereby notified that your case has been assigned to the HONORABLE B. WILLIAM EKSTRUM. He will preside over your case from filing through disposition, including trial and post -trial matters. TO SCHEDULE HEARINGS: Contact ROBYN in the COURT SCHEDULING DIVISION (651) 430 -6327 FAX (651) 430 -6300 WHEN REQUESTING CONTINUANCES, PLEASE SUBMIT REQUEST IN WRITING. For further case information, please contact the Civil Division at (651) 430 -6268. All filed documents must include the case file number, the attorney's identification number and must conform to format requirements or they will be returned. PLEASE DO NOT SEND COURTESY COPIES OF DOCUMENTS TO THE JUDGE. SEND ALL DOCUMENTS TO THE CIVIL DIVISION FOR FILING. CIVIL ACTIONS: Pursuant to Rule 111.02, General Rules of Practice 0 for the District Courts, each party MUST SUBMIT AN INFORMATIONAL STATEMENT WITHIN 60 days of filing. - -- SEND CORRESPONDENCE TO: Civil Division --- Washington County Court Administration 14949 62nd St N PO Box 3802 Stillwater MN 55082 -3802 CHRISTINA M. VOLKERS * *EFFECTIVE JULY 1, 2003 A $55 FEE MUST BE COURT ADMINISTRATOR SUBMITTED PRIOR TO ANY MOTIONS HEARD BEFORE THE COURT. SOME CASE TYPES MAY NOT APPLY, BY: SEE MINN. STAT. 357.021. ** Deputy Dated: 12/06/2005 410 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. • 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling •4- (651) 439 -2878 Thomas J. Weidner Paul A. Wolff Susan D. Olson 4- FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number. Timothy M. Kelley (651) 351 - 2118 •Qualified Neutral Arbitrator Sean P. Stokes *Certified Real Estate Specialist Baiers C Heeren 4-Qualified Neutral Mediator Laura L. Domagala April 1, 2005 Joshua D. Christensen The Honorable Stephen L. Muehlberg C P Judge of District Court Washington County Government Center 14949 — 62 " Street North P.O. Box 6 Stillwater, Minnesota 55082 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC, et al. Court File No. C2 -04- 003992 Dear Judge Muehlberg: • This matter is scheduled currently for a pre -trial to be held on April 4, 2005, with trial occurring on April 27, 2005. The Defendant, Jacob Holdings, Inc., has requested additional time to allow it to request the City Council for the City of Oak Park Heights to amend the permit in dispute to grant it additional time for the compliance provisions of the permit. I do believe that the City Council will be receptive to their request and have confirmed with Mr. Dan Boivin, who represents both Jacob Holdings and Erickson Post Acquisition, Inc., that they are agreeable and think it best to request an extension of the existing scheduled court pre -trial and court trial dates so as to allow them that opportunity. We understand that ::. • a . iready assigned a new pre -trial date of October 14, 2005. Thank you. Your ery truly, J. Vierling MJV /sdb cc: Dan Boivin Eric Johnson • LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. • 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling •4 (651) 439 -2878 Thomas J. Weidner Paul A. Wolff Susan D. Olson FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number. Sean P. Stokes (651) 351 -2118 •Qualified Neutral Arbitrator Baiers C Heeren *Certified Real Estate Specialist Laura L. Domagala 4Qualified Neutral Mediator Joshua D. Christensen March 29, 2005 Mr. Eric A. Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC and Erickson Post Acquisitions, Inc. Dear Eric: • Enclosed herewith for your review please find copy of letter dated March 28, 2005 received from Daniel Boivin. If you have any questions regarding this correspondence, please do not hesitate to contact me directly. Yours very truly, Mark J. Vierling MJV sd Enclosure • LAW OFFICES RONALD I. MESHBESHER MESHBESHER & SPENCE, LTD. ANTHONY J. NEMO JOHN R. CLIFFORD COLLEEN M. CHRISTIANSON DENNIS R. JOHNSON 1616 PARK AVENUE KONSTANDINOS NICKLOW DANIEL J. BOIVM MICHAEL C. SNYDER MINNEAPOLIS, MINNESOTA 55404 PAUL S JOHN P SHEEN PAMELA J. . SPAU LDI NG AU MARK D. SEEH (612) 339 -9121 ANDREW DAVICK DANIEL C. GUERRERO FAX (612) 339 -9188 OF COUNSEL KATHERINE S. FLOM www.meshbesher.com KENNETH MESHBESHER JEFFREY P. OISTAD REPLY TO MINNEAPOLIS OFFICE March 28, 2005 Mark J. Vierling U Eckberg Lammers, et al. 1835 Northwestern Avenue Stillwater, MN 55082 Re: City of Oak Park Heights vs. Jacob Holdings of Stillwater, LLC and Erickson Post Acquisition, Inc. Dear Mark: I hope all is well. It has been some time since we spoke about this matter and I • note from my calendar that it is set for a pretrial on April 8` at 8:30 a.m. I believe all of the issues have been resolved with your client. Can you please confirm that so we can get this matter resolved and off the court calendar? Thank you. Very truly yours, MESH : ' R & SPENCE, LTD. , I t Daniel J. Boivin DJB /nzb • MINNEAPOLIS, WOODBURY, ST. CLOUD & ROCHESTER LAW OFFICES OF • Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916-2003) Mark J. Vierling • (651) 439-2878 Thomas J. Weidner Paul A. Wolff Susan D. Olson FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number. Sean P. Stokes (651) 351 - 2118 •Qualified Neutral Arbitrator Baiers C Heeren *Certified Real Estate Specialist Laura L. Domagala Qualified Neutral Mediator Joshua D. Christensen October 21, 2004 Mr. Eric A. Joimson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: City of Oak Park Heights v. Jacob Holdings, LLC, et al. Court File No. C2 -04- 003992 • Dear Eric: Enclosed please find copy of a Scheduling Order entered by the Court on October 20, 2004. Please note that a pre -trial conference has been scheduled for April 8, 2005 at 8:30 a.m. and a court trial has been set for April 27, 2005 at 9:00 a.m. Please note both of these dates and times on your calendar as your attendance may be necessary should this matter proceed to trial. If you have any questions regarding this correspondence, please do not hesitate to contact me directly. Yours very truly, Mark J. Vierling MJV, Enclosure STATE OF MINNESOTA TENTH JUDICIAL DISTRICT , COUNTY OF WASHINGTON STILLWATER, MINNESOTA 55082 -3802 Ike: CITY OF OAK PARK HEIGHTS SLM vs. JACOB HOLDINGS OF STILLWATER LLC et al. Case Number: 82- C2 -04- 003992 MARK J VIERLING ECKBERG LAMMERS BRIGGS ET AL 1835 NORTHWESTERN AVE MN 55082 N O T I C E O F F I L I N G O F O R D E R You are hereby notified on October 20, 2004 a SCHEDULING ORDER was filed in the above entitled matter. A true and correct copy of this notice has been served by mail upon the • parties named herein at the last known address of each, pursuant to the Minnesota Rules of Civil Procedure. Christina M. Volkers, Court Administrator By ROBYN Dated: October 20, 2004 Deputy STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. C2 -04 -3992 City of Oak Park Heights, a Minnesota Municipal Corporation Civil: Contract Plaintiff, v. File W K. ER F Jacob Holdings of Stillwater, LLC; and DISTRICT COUDT Erickson Post Acquisition, Inc., L OCT 2.0 2004 �- Defendants. E E D CHRISTINA M. Vu. RS p COURT MINISTRATOR Based upon review of the Court File and an State timely submitted, the Court now makes this Scheduling Order. 1. ALTERNATIVE DISPUTE RESOLUTION: The parties shall discuss Alternative Dispute Resolution (ADR) alternatives. Within one month of the filing date of this Order, the parties shall file a Joint ADR Proposal describing the method of • ADR chosen by the parties, as well as specific procedures to be employed, including such issues as bearing of costs, timeliness, and the role of the Court, if any. 2. JOINDER OF ADDITIONAL PARTIES: November 8, 2004, is the last day on which additional parties may be joined. 3. DISCOVERY DEADLINE: Discovery must be conducted in accordance with the governing rules and completed by December 8, 2004. All examinations and evaluations relative to disputed issues must also be complete by that date, including Independent Medical Examinations, Independent Psychological Evaluations, and other similar procedures conducted pursuant to Rule 35 of the Minnesota Rules of Civil Procedure. 4. FORMAL DISCOVERY CONFERENCE: No formal discovery conference will be held except upon motion, which must be served and filed early enough so that the discovery conference can be held prior to the discovery cut -off date set out in Paragraph Three herein. 5. MOTION DEADLINES: January 10, 2005, is the last day on which a dispositive or non - dispositive motion may be heard, except as provided herein. 6. PRETRIAL CONFERENCE: A Pretrial Settlement Conference is scheduled for April 8, 2005 at 8:30 a.m. at the Washington County Government Center, Stillwater, Minnesota. 7. TRIAL: This matter is scheduled for a court trial on April 27, 2005 at 9:00 a.m. • at the Washington County Government Center, Stillwater, Minnesota. The parties have estimated that this matter will require one day of trial time. Page 1 of 2 8. NO LATER THAN FOURTEEN DAYS BEFORE TRIAL: 410 (a) the parties shall file a Joint Statement of the Case; and (b) each party shall provide opposing parties and the Court with a witness list containing the names, addresses, telephone numbers of anticipated witnesses and with respect to each, a brief description of expected testimony, and an exhibit/display list containing brief descriptions of any exhibits expected to be offered and displays /graphics intended to be used. 9. AMENDMENTS: This Scheduling Order may be amended upon motion for good cause shown. Any motion to extend any deadline contained in this Scheduling Order must be heard before the expiration of that deadline. Motions to amend and general questions regarding this Scheduling Order, together with any questions regarding pretrial and trial dates, should be addressed to Robyn, Judicial Assistant, at (651) 430 -6327. 10. CONTINUANCES: Requests for continuances shall be made by written request to the Court, with copies to all parties, or by stipulation signed by all parties. Stipulations for continuance are subject to the Court's approval. 11. SETTLEMENT NOTIFICATION: If the case is settled or otherwise disposed of prior to trial, counsel shall immediately notify Robyn, Judicial Assistant, at (651) 430 -6327. 12. NOTIFICATION OF ORDER: The Court Administrator shall mail a copy of this Order to counsel of record for the parties, and to any party without counsel of record. Said mailing shall constitute due and proper notice of this Order for all purposes. BY THE T: /( Dated: / A Stephen L. Muehlberg • Judge of Minnesota District Court Tenth Judicial District AMERICAN DISABILITY ACT: If you need a reasonable accommodation or assistance, please call (612) 430 -4420. If you cannot communicate by phone voice, our TDD number is (612) 439 -3220. • Page 2 of 2 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 0 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916-2003) Mark J. Vierling • o (651) 439-2878 Thomas J. Weidner Paul A. Wolff Susan D. Olson o FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number. Sean P. Stokes ied Neutral Arbitrator Baiers C Heeren (651) 351 - 2118 •Qualified Certified Real Estate Specialist Laura L. Domagala ¢Qualified Neutral Mediator Joshua D. Christensen November 1, 2004 Mr. Eric A. T;.h„cr,r City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC and Erickson Post Acquisitions, Inc. Dear Eric: • Enclosed herewith for your review lease find copy of letter dated October 2 p PY 29, 2004 received from Daniel Boivin. If you have any questions regarding this correspondence, please do not hesitate to contact me directly. Yours very truly, Mark J. Vierling M /sdb Enclosure l [g©HOWL:77, 1 nIn - - 2 i` • LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling •- (651) 439 -2878 Thomas J. Weidner Paul A. Wolff Susan D. Olson ¢ FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number. Sean P. Stokes (651) 351 -2118 •Qualified Neutral Arbitrator Baiers C Heeren *Certified Real Estate Specialist Laura L. Domagala -Qualified Neutral Mediator Joshua D. Christensen November 1, 2004 0 py Mr. Daniel Boivin Meshbesher & Spence, Ltd. 1616 Park Avenue Minneapolis, Minnesota 55404 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC and Erickson Post Acquistions, Inc. • Dear Mr. Boivin: Thank you for your correspondence of October 29. Your client has indeed taken care of items that we appreciate on the property. Based on our discussion, I was assuming, however, that he was going to be applying for a variance to address Items No. 2 (combination or the main dealership with the former Amoco property) and No. 17 (concrete curb and gutter for the parking surface areas). Our understanding was that the difficulties with the contamination/mitigation issues on the site effectively preclude your closing on that property at the present time and, thus, preclude the merger or combination of the lots. Also, the uncertainties over the Highway 36 project certainly prompt your client to want to request a deferral of the curbing improvements on the property until such time as those aspects of the project have been determined more completely from the Department of Transportation. I was hoping that we would have that request in so we could address those two issues, have the Council review and presumably receive their commentary and final out an amended Conditional Use Permit dealing with those two issues before there would be a dismissal of the action. If my understanding is in error on that, why don't you give me a call and we can discuss those matters further. • • November 1, 2004 Page 2 In the meantime, I am certainly receptive to contacts with the Court to let them know the parties are in the middle of resolving the issues administratively with the City and seek and obtain any extensions that you think are appropriate relative to the court scheduling issue. Yours very truly, Mark J. Vierling MJV /sdb cc: Eric Johnson • 411 LAW OFFICES RONALD I. MESHBESHER MESHBESHER & SPENCE, LTD. ANTHONY J. NEMO JOHN P CLIFFORD COLLEEN M. CHRISTIANSON DENNIS R. JOHNSON 1616 PARK AVENUE KONSTANDINOS NICKLOW DANIEL J. BOIVIN PAUL R. DAHLBERG MICHAEL C. SNYDER MINNEAPOLIS, MINNESOTA 55404 PAMELA J. SPAULDING JOHN P. SHEEHY MARK D. STREED (612) 339 -9121 ANDREW DAVICK DANIEL C. GUERRERO FAX (612) 339 -9188 OF COIINSRI, KATHERINE S. FLOM www.meshbesher.com RUSSELL M. SPENCE JEFFREY P OISTAD KENNETH MESHBESHER REPLY TO MINNEAPOLIS OFFICE. October 29, 2004 Mark J. Vierling Eckberg Lammers, et al. 1835 Northwestern Avenue Stillwater, MN 55082 Re: City of Oak Park Heights vs. Jacob Holdings of Stillwater, LLC and Erickson Post Acquisition, Inc. Dear Mark: I received the Scheduling Order from the Court, reminding me that I wanted to • contact you following our recent meeting. In speaking with Bill Rambow, apparently we have now completed all of the items that we represented to you we could take care of immediately. Please confirm that with your City Manager and let's talk about drafting a settlement agreement. Thank you. Very truly yours, MESHBESHER & S PENCE, LTD. Daniel J. Boivin DJB /nzb • MINNEAPOLIS, WOODBURY, ST. CLOUD & ROCHESTER LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling P.L.L.P. • 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling .4 (651) 439 -2878 Thomas J. Weidner Paul A Wolff Susan D. Olson 4 FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number. TimothyM. Kelley (651) 351 - 2118 •Qualified Neutral Arbitrator Sean P. Stokes *Certified Real Estate Specialist Baiers C Heeren 4Qualified Neutral Mediator Laura L. Domagala Joshua D. Christensen June 22, 2004 Mr. Daniel Boivin Meshbesher & Spence, Ltd. 1616 Park Avenue Minneapolis, Minnesota 55404 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC and Erickson Post Acquistions, Inc. Dear Mr. Boivin: Enclosed herewith and served upon ou by U.S. Mail please find Plaintiff's Reply Y Y p PY to Defendants' Counter -Claim in regards to the above - referenced matter. Yours very truly, Mark J. Vierling MJV /sdb Enclosure cc: Eric Johnson • LAW OFFICES OF • Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916-2003) Mark J. Vierling • ( ) 651 439 -2878 Thomas J. Weidner Paul A Wolff Susan D. Olson 4 FAX (651) 439 -2923 (1944-1996) David K. Snyder Writer's direct dial number. Timothy M. Kelley (651) 351 - 2118 •Qualified Neutral Arbitrator Sean P. Stokes *Certified Real Estate Sperialist Baiers C Heeren --Qualified Neutral Mediator Laura L. Domagala June 22, 2004 Joshua D. Christensen Court Administrator Civil Division Washington County Government Center Lld 14949 — 62 Street North P.O. Box 3802 Stillwater, Minnesota 55082 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC and Erickson Post Acquisition, Inc. • Dear Administrator: Enclosed herewith for filing in the above - referenced matter please find the following: 1. Summons and Complaint; 2. Notice and Acknowledgment of Service by Mail; 3. Plaintiff's Reply to Defendants' Counter - Claim; and, 4. Affidavit of Service by Mail. Also enclosed is this firm's check in the amount of $245.00 for the filing fee. Yours very truly, Mark J. Vierling MJV /sdb Enclosure • cc: Eric Johnson (w /o enc) STATE OF MINNESOTA DISTRICT COURT • COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. Case Type: 14 /Other Civil City of Oak Park Heights, a Minnesota Municipal Corporation, PLAINTIFF'S REPLY Plaintiff, TO DEFENDANTS' COUNTER -CLAIM vs. Jacob Holdings of Stillwater, LLC; and Erickson Post Acquisition, Inc., Defendants. Plaintiff, for its reply to Defendant's Counter - claim, states and alleges as follows: • 1. Plaintiff denies each and every allegation except as hereinafter admitted or qualified herein. 2. Based upon information and belief, Plaintiff admits the allegations contained in paragraphs 17, 18, 22 and 24. 3. Plaintiff specifically denies the allegations contained in paragraphs 19, 20, 21, 23, 25, 26, and 27, and puts Defendants to the strict proof thereof. AFFIRMATIVE DEFENSES 1. Plaintiff affirmatively alleges that on September 10, 2003, Defendants were notified, through their representative Mr. Rambo, by facsimile transmission from the City of Oak Park Heights Community Development Department that Defendants' Conditional Use 1 • ACKNOWLEDGMENT • Permit Application was deficient and provided a Development Application Checklist with the various items required. This notice was sufficient ufficient to extend the 60 -day deadline. 2. Plaintiff affirmatively alleges that because proper notice was provided on September 10, 2003, extending the 60 -day deadline, Plaintiff could legally impose conditions and restrictions on the August 22, 2003 Conditional Use Permit Application. WHEREFORE, Plaintiff prays for judgment as follows: 1. For an Order of the Court dismissing Defendants' Counter -claim with prejudice and on the merits. 2. For an Order of the Court issuing an injunction directing Jacob Holdings to remove all signage from the existing canopy on the Erickson Post property. 2. For an Order of the Court pursuant to Minn. Stat. § 555, declaring that the CUP as issued II/ by the City on December 9, 2003 is valid and enforceable. 3. For an Order of the Court issuing an injunction directing Jacob Holdings to comply and abide by all conditions stated in the valid and enforceable CUP as issued by the City. 4. Awarding the City its attorneys fees, costs and disbursements. 5. For such other relief this Court deems just and equitable. ECKBERG, LAMMERS ' 1 . ' . S, WOLFF & VIE ' , P.L.L. ' Dated: June 2 2004. By: Mark J. Vier ing ( #1128 Attorneys for PLAINTIFF 1835 Northwestern Avenue Stillwater, Minnesota 55082 Telephone: (651) 439 -2878 • Page 2 of 3 cl • tri • ACKNOWLEDGMENT The undersigned hereby acknowledges that pursuant to MINN. STAT. § 549.211, Subd. 2, costs, disbursements, and reasonable attorneys' fees and witness fees may be awarded to the opposing party or parties in this litigation if the court should find the undersigned acted in bad faith, asserted a claim or defense that is frivolous and is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass, or committed a fraud upon the court. ECKBERG, LAM • ' , B' : GS, WOLFF & VI + '4 ING, ' .L.P. Dated: June y?.,2 -004. By: Mark J. 'erling (47737 Attorneys for PLAINTIFF Page 3 of 3 SLAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. • 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling • ¢ (651) 439 -2878 Paul A. Wolff D. Susan D. Olson Thomas Weidner FAX (651) 439 -2923 (1944 -1996) � David K. Snyder Writer's direct dial number. Timothy M. Kelley (651) 351 -2118 •Qualified Neutral Arbitrator Sean P. Stokes *Certified Real Estate Specialist Baiers G Heeren -Qualified Neutral Mediator Laura L. Domagala May 10, 2004 Joshua D. Christensen Jacob Holdings of Stillwater, LLC 500 Ford Road Minneapolis, Minnesota 55426 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC and Erickson Post Acquistion, Inc. Dear Sir or Madame: Enclosed herewith and served upon you by U.S. Mail please find a Summons and • Complaint regarding the above - referenced matter. Also enclosed you will find an original and one copy of an Acknowledgment of Service by Mail. Please sign the original acknowledgment and return it to my offices in the enclosed self addressed, postai -- ; . • s en ; ope. If the acknowledgment is not received within 20 days of the dat- this letter, - will have you personally served and may recoup any costs incurred doing so. Yo s very t ., Mark J. Vierling MJV /sdb Enclosure cc: Eric Johnson, City Administrator, City of Oak Park Heights 11111 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. • 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling • 4 (651) 439 -2878 Paul A. Wolff Thomas J. Weidner Susan D. Olson ¢ FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number. Timothy M. Kelley (651) 351 -2118 •Qualified Neutral Arbitrator Sean P. Stokes *Certified Real Estate Specialist Baiers C Heeren 4Qualified Neutral Mediator Laura L. Domagala May 10, 2004 Joshua D. Christensen Erickson Post Acquisition, Inc. 715 Florida Avenue South Minneapolis, Minnesota 55402 Re: City of Oak Park Heights v. Jacob Holdings of Stillwater, LLC and Erickson Post Acquistion, Inc. Dear Sir or Madame: Enclosed herewith and served upon you by U.S. Mail please find a Summons and • Complaint regarding the above - referenced matter. Also enclosed you will find an original and one copy of an Acknowledgment of Service by Mail. Please sign the original acknowledgment and return it to my offices in the enclosed self addressed, postage • velope. If the acknowledgment is not received within 20 days of the date • is letter we will have you personally served and may recoup any costs incurred in . oing so. Yours p=ry t , 'ark J. Vierling MJV /sdb Enclosure cc: Eric Johnson, City Administrator, City of Oak Park Heights • • , p^i� P �� t � F RRR�k� k Tj i • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. Case Type: 14 /Other Civil City of Oak Park Heights, a Minnesota Municipal Corporation, SUMMONS Plaintiff, vs. Jacob Holdings of Stillwater, LLC; and Erickson Post Acquisition, Inc., Defendants. THE STATE OF MINNESOTA TO THE ABOVE -NAMED DEFENDANTS: • YOU ARE HEREBY SUMMONED AND REQUIRED TO SERVE upon Plaintiffs attorney an Answer to the Complaint which is herewith served upon you within twenty (20) days after service of this Summons upon you, exclusive of the date of such service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for the District Courts. Alternative Dispute Resolution includes mediation, arbitration, and other processes set forth in the rules. You may contact the Court Administrator for information about these processes and about resources available in your area. 0 Dated this /a' day of 71-7.a.5 , 2004. ECKBERG, L ► ' ' • , BRIGGS, WOLFF +IERLING, P.L. Mark ierling Attorneys for Plaintiff 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 Attorney I.D. 112823 Page 2 of 2 1 C 1.o14 of D1.1,1•1+; T ..11a`rn , that Fr;rlrcnn Anct is tha rerr fee c mer the STATE OF MINNESOTA DISTRICT COURT • COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Court File No. Case Type: 14 /Other Civil City of Oak Park Heights, a Minnesota Municipal Corporation, COMPLAINT Plaintiff, vs. Jacob Holdings of Stillwater, LLC; and Erickson Post Acquisition, Inc., Defendants. COMES NOW the Plaintiff, who for its claims and causes of action states and alleges as follows: 1. Plaintiff, the City of Oak Park Heights ( "City ") is a statutory city located in the State of • Minnesota, County of Washington. 2. Defendant, Jacob Holdings of Stillwater, LLC ( "Jacob Holdings ") is a Minnesota Limited Liability Company with its principal place of business at 500 Ford Road, Minneapolis, Minnesota 55426. 3. Jacob Holdings owns and operates Denny Hecker's Cadillac, Pontiac, GMC & Oldsmobile car dealership located at 14702 60 Street North, Oak Park Heights, Minnesota, 55082. 4. Defendant, Erickson Post Acquisition, Inc. ( "Erickson Post ") is a Minnesota Corporation with its principal place of business at 715 Florida Ave So, Minneapolis, Minnesota 55402. • 5. On information and belief Plaintiff alleges that Erickson Post is the record fee owner the property located directly east of, and adjacent to, Denny Hecker's Cadillac, Pontiac, GMC & Oldsmobile car dealership, with the address of 14738 60 Street North, Oak Park Heights, Minnesota, 55082. 6. The Erickson Post property, located at 14738 60 Street North, was formerly an Amoco gas station and consists of a building, a canopy with signage, and a parking area. 7. Prior to applying for a conditional use permit ( "CUP ") to use the property as an auto sales lot, Jacob Holdings began utilizing the property, made improvements to the building, and replaced the former Amoco signs on the canopy with signs advertising Denny Hecker's car dealership. (See attached Exhibits "A ") 8. On or about August 22, 2003, the City received a signed and completed City of Oak Park Heights Development Application from Jacob Holdings and Erickson Post for a CUP for • the Erickson Post property to use the property as an auto sales lot. 9. Minn. Stat. § 15.99, as amended by the Minnesota State Legislature in 2003, effective August 1, 2003, allows the City 15 days in which to notify a landowner or applicant in writing of the incompleteness of an application, and allows the City to extend the time period in which it has to make a decision by 60 days. 10. On or about September 10, 2003, approximately 13 business days after it received the application, the City directed a facsimile transmission to Jacob Holdings advising it that the application for the CUP was inadequate, and extended the time for consideration of the application for an additional 60 days, as per the requirements of Minn. Stat. § 15.99. 11. In a letter dated November 25, 2003, the City received a letter from Jacob Holdings' attorney, Mr. David T. Magnuson, stating that because the City failed to act on the • Page 2 of 6 1 application for the CUP within the allowed time period, Jacob Holdings deemed the • application approved. 12. On or about December 9, 2003, the City approved the CUP for the Erickson Post to allow Jacob Holdings to operate an auto sales lot on the Erickson Post property property. 13. Approval of the CUP for the Erickson Post property was subject to certain conditions. One of the conditions associated with the granting of the CUP was that: "No si page shall be allowed on the subject property at 14738 60 Street North. The existing signage on the canopy g shall be removed within 30 days following City Council approval of the conditional use permit." 14. Despite repeated demands by the City, Jacob Holdings has not removed the signage from the e existin canopy on the Erickson Post property, nor have they attempted to obtain a variance or sign permit. • COUNT I: EQUITABLE /INJUNCTIVE RELIEF 15. Plaintiff restates and realleges the allegation contained in paragraphs 1 through 14 as if more fully set forth herein. Despite repeated demands, Jacob Holdings and Erickson Post have continued to violate 16. D es p the CUP by refusing to remove the signage from the canopy on the Erickson Post . The City has no adequate remedy at law and is entitled to an order enjoining property Defendants' wrongful and unlawful conduct and directing them to remove the existing signage from the canopy. Page 3 of 6 1 COUNT II: DECLARATORY JUDGMENT • 17. Plaintiff restates and realleges the allegations contained in paragraphs 1 through 16 as if more fully set forth herein. 18. The City is entitled to an Order of the Court pursuant to Minnesota Statutes Chapter 555, declaring that the CUP as issued on December 9, 2003, is valid and enforceable. COUNT III: EQUITABLE/INJUNCTIVE RELIEF 19. Plaintiff restates and realleges that allegations contained in paragraphs 1 through 18 as if more fully set forth herein. 20. Defendant Jacob Holdings is under requirements within the CUP to meet several compliance deadlines all of which they have objected to. The City has no adequate 4, remedy at law for Jacob Holding's violation of the CUP and is entitled to permanent injunctive relief directing Jacob Holdings and Erickson Post to comply with all of the CUP requirements that the City has provided within the CUP. WHEREFORE, Plaintiff prays for the relief of this Court as follows: 1. For an Order of the Court issuing an injunction directing Jacob Holdings to remove all signage from the existing canopy on the Erickson Post property. 2. For an Order of the Court pursuant to Minn. Stat. § 555, declaring that the CUP as issued by the City on December 9, 2003 is valid and enforceable. • Page 4 of 6 3. For an Order of the Court issuing an injunction directing Jacob Holdings to comply and • abide by all conditions stated in the valid and enforceable CUP as issued by the City. 4. Awarding the City its attorneys fees, costs and disbursements. 5. For such other relief this Court deems just and equitable. ECKBERG, LAMME ' -, ; ' ! GS, WOLFF & VIE ' G, P. . .P. Dated: May ° , 2004. By: Mark J. Vier ing ( #11282 Attorneys for PLAINTIFF 1835 Northwestern Avenue Stillwater, Minnesota 55082 Telephone: (651) 439 -2878 ACKNOWLEDGMENT • The undersigned hereby acknowledges that pursuant to MINN. STAT. § 549.211, Subd. 2, costs, disbursements, and reasonable attorneys' fees and witness fees may be awarded to the opposing party or parties in this litigation if the court should find the undersigned acted in bad faith, asserted a claim or defense that is frivolous and is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass, or committed a fraud upon the court. ECKBERG, LAMME ' RIGGS, WOLFF & V + ING, P.L. 1 . Dated: May to , 2004. By: Mark J. Vierling ( #112: Attorneys for PLAINTIFF • Page 5 of 6 EXHIBIT "A" • PHOTOGRAPHS • Page 6 of 6 1 II '`' � ) * t, k r V j� . p r r i f o 1 d � R' ,, . ' . ,, =.4 il!'„' - 4 ' '"-. ., '''''' T„ ,, '''' ,'I'''''''''' 4 ''''''' r wcs I 4 I .... . 'iG. M y h 1 rF t ' [3 • r lit, .„.: ,,:„.,.................„,„......,...„..... i ..,.:, •,:,... •. 0 1 „.• ... .. ,, •••,,,........„.. „....; .: .,.... .. ., , ,.. .: ., . .. '',',..- .. .. v ....,,, $ t i , . s ... . : ,...,. ., •,,,,,,,..„,„„i,... •.. _ .,_, ,—, ( 1 ......„._ . i .,,, ..- .. ,.•..„ ..•• ,:: . ,. .. -- ,, .........„ STATE OF MINNESOTA DISTRICT COURT • TENTH JUDICIAL DISTRICT COUNTY OF WASHINGTON Case Type: 14 /Other Civil City of Oak Park Heights, a Minnesota ACKNOWLEDGMENT Municipal Corporation NOTICE AND OF SERVICE BY MAIL Plaintiff, vs. Jacob Holdings of Stillwater, LLC; and Erickson Post Acquisition, Inc., Defendants. TO: THE DEFENDANT ABOVE- NAMED, JACOB HOLD S MENNESOTA STILLWATER, LLC, 500 FORD ROAD, 55426 • The enclosed Summons and Complaint are served pursuant to Rule 4.05 of the Minnesota Rules of mus complete lete the acknowledg com let ement part of this form and return one copy of You must p 20 days. the completed form to the sender within twenty (20) y . you have Signing this Acknowledgment of Receipt is only the dmissio es that y received the Summons and Complaint, and does not waive any ent. If you are served on behalf of a You must sign and date th ri ; �° g partnership) or other entity, you must orated association ( you are served on behalf mu t indicate n r y o u unincorporated our relationship to that entity. If y our fi ature of indicate under your signature y process, you must indicate under y' another person and you are authorized to receive p your authority. and return the form to the sender within twenty a (any If you do not complete ermltted party on may manner p expenses you nc rr e p ty n whose behalf you are being served) expenses incurred in serving the Summons and Complaint in any by law. a rt on whose behalf you complete and return this form, you (or the p Y If you do comp (20) days. If you fail to do so, must answer the Complaint within twenty ( ) are being served) ainst you for the relief demand in the Order. judgment by default will be taken ag • I declare, under penalty or perjury, hat this 004Notice and Acknowledgment of y' � Receipt of Summons and Complaint was mailed on May l , 2 . Dated: f7 a a ° MaTJ _Vierling • Page 2 of 3 ACKNOWLEDGMENT OF RECEIPT OF • SUMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the Summons d Complaint in the above - captioned matter at 500 Ford Road, Minneapolis, Minnesota an p 55426. day of ' 2004. Dated this Y JACOB HOLDINGS OF STILLWATER, LLC By: Ill • Page 3 of 3 R� p i ` STAT OF MINNESOTA DISTRICT COURT 0 TENTH JUDICIAL DISTRICT COUNTY OF WASHING Case Type: 14 /Other Civil City of Oak Park Heights, a Minnesota Municipal Corporation, NOTICE AND ACKN OWLEDGMENT OF SERVICE BY MAIL Plaintiff, vs. Jacob Holdings of Stillwater, LLC; and Erickson Post Acquisition, Inc., Defendants. TO: THE DEFENDANT ABOVE-NAMED, ERICKSON POST ACQUISITION, INC., 715 FLORIDA AVE E SOUTH, MINNEAPOLIS, MINNESOTA 55402 Complaint are served pursuant to Rule 4.05 of the • The enclosed Summons and and return one copy of Minnesota Rules of Civil Procedure. e ment part of this form You must complete the acknowledg to the sender within twenty (20) days. feted form an admission that you have the comp t is only this Acknowledgment of Receip other defenses. Signing this and does not waive any received the Summons and Comp ent. If you are served on behalf of a You must sign and date the acknowladonership), or other entity, you must u nincorporate d to that entity. If you are served on behalf of orated ur relationship lot p you must indicate under your corporation, u ature y your sign process, yo indicate under y you are authorized to receive p another person and y authority. the form to the sender within twenty p any (20) your complete and return be If yo u do not comp you are being served) may required permitted S and Complaint in any other manner s eu nc the party on whose behalf y aay ,y expenses incurred in serving t e on whose behalf you by law• ou (or the party 20 days If you fail h f ou If you do complete and return this withi���enty ( ) are being served) must answer the Complaint judgment by default will be taken against y ou for the relief demand in the Order. . _____........ I declare, under penalty or neriurv_ that this N ntir Ar•lrnn xilarl Ar* r`6 I declare, under penalty or perjury, that this Not _ • Acknowledutp ent of Receipt of Summons and Complaint was mailed on May 10, I 04. • Dated: � ft:, ya a� �. Vierling • • Page 2 of 3 ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the Summons and Complaint in the above - captioned matter at 715 Florida Avenue South, Minneapolis, Minnesota 55402. Dated this day of , 2004. ERICKSON POST ACQUISITION, INC. By: • • Page 3 of 3 LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION May 13, 2004 Eric H. Galatz 612 - 335 -1509 Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, Minnesota 55082 -2007 Re: Stillwater Motors; Flags in Parking Lot Dear Mr. Johnson: Stillwater Motor Company asked us to respond to your March 26, 2004 letter asking Stillwater Motors to remove all but three of the existing flags that Stillwater Motors displays outside its building at 5900 Stillwater Boulevard North. We do not believe Stillwater Motors is required to remove any of the flags because Stillwater Motors maintains those flags as lawful non- confotining uses, pursuant to Section 401.15.A of the • Oak Park Heights Zoning Ordinance. Stillwater Motors has operated an automobile dealership at 5900 Stillwater Boulevard since before the City of Oak Park Heights annexed those parcels. Throughout the period Stillwater Motors has operated its dealership at 5900 Stillwater Boulevard, Stillwater Motors has maintained the flag poles and flags in the same condition as they exist today. Under the Oak Park Heights Code of Ordinances, Stillwater Motors has the right to continue to use those parcels as it did before the parcels were annexed. V - trul • urs, Eric . Galatz • 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 TEL 612 -335-1500 FAX 612 - 335-1657 LAW OFFICES IN MINNEAPOLIS, SAINT PAUL, MANKATO, SAINT CLOUD AND WASHINGTON, D.C. WWW. L EO NARD.COM LAW OFFICES OF • Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling ( 651 ) 439 -2878 Thomas J. Weidner Paul A. Wolff Susan D. Olson + FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number: Timothy M. Kelley /651 / 351 -2118 •Qualified Neutral Arbitrator Sean P. Stokes \ *Certified Real Estate Specialist Baiers C. Heeren +Qualified Neutral Mediator Laura L. Domagala Joshua D. Christensen March 3, 2004 Mr. Daniel Boivin ©O [)7 Meshbesher & Spence, Ltd. 1616 Park Avenue Minneapolis, Minnesota 55404 Re: Our File No. 01501 -11519 Your Client: Jacob Holdings of Stillwater, LLC • Further Affecting Former Amoco Site 14738 — 60 Street North, Oak Park Heights, Minnesota Dear Mr. Boivin: In your February 26 correspondence, you questioned the billing from the City of Oak Park Heights relative to professional services charged to your client. I enclose a copy of that portion of your client's application relative to professional fee responsibility. I think that you will find that it is self - explanatory on the issue. You should also be familiar with the City of Oak Park Heights Ordinance 401.08B, which provides in relevant portion: "In order to defray the additional costs of processing applications (amendments, conditional use, variance, planned unit development) for developments, the City shall have the option of assessing all applicants a total cost of staff and/or consulting time spent exclusively in producing materials for the applicant's request..." • Mr. Daniel Boivin • March 3, 2004 Page 2 I trust this letter, with its enclosure and the information contained herein, responds adequately to your inquiry on the matter. Yours very truly, Mark J. Vierling MJV /mkr Enclosure cc: Eric Johnson, City Administrator • • LAW OFFICES OF • Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling ( J 651 439 -2878 Thomas J. Weidner Paul A. Wolff Susan D. Olson FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number: Timothy M. Kelley (651) ( 651 351 -2118 •Qualified Neutral Arbitrator Sean P. Stokes * Certified Real Estate Specialist Baiers C. Heeren 'Qualified Neutral Mediator Laura L. Domagala Joshua D. Christensen February 27, 2004 Mr. Daniel Boivin Meshbesher & Spence, Ltd. 1616 Park Avenue Minneapolis, Minnesota 55404 Re: Our File No. 01501 -11519 Your Client: Jacob Holdings of Stillwater, LLC Further Affecting Former Amoco Site 14738 — 60 Street North, Oak Park Heights, Minnesota • Dear Mr. Boivin: I am in receipt of your recent correspondence, sent via facsimile transmission. The directive of the City Council at their December meeting to remove the existing signage is quite clear, and is embodied within the Conditional Use Permit that was issued. Retention of the signage while your client determines whether or not he intends to apply for a permit is not an option. Please advise as to whether or not the signage will be removed. Yours very truly, Mark J. Vierling MJV /mkr cc: Eric Johnson, City Administrator / • LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. Larnmers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling • (651) 439-2878 Thomas J. Weidner • - Paul A. Wolff Susan D. Olson 4- FAX (651) 439 -2923 (1944 -1996) David K. Snyder Timothy M. Kelley Writer's Direct Dial: (651) 351 -2118 Sean P. Stokes •Qualified Neutral Arbitrator Baiers C Heeren *Certified Real Estate Specialist Laura L. Domagala February 27, 2004 -aQualified Neutral Mediator Joshua D. Christensen Mr. Eric A. Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Jacob Holdings of Stillwater, LLC Former Amoco Site Dear Eric: Enclosed herewith for your review please find t •y of letter d. ed February 26, 2004 received from Mr. Boivin. If you have any question - egarding this . rrespondence, please do not hesitate to contact me directly. Your ery truly k J. Vierling MJV /sdb Enclosure • 02/26/04 18:05 FAX 612 339 9188 MESHBESHER & SPENCE [I002 LAW OFFICES . RONALD I. MESHBESHER MESHBESHER & SPENCE, LTD. ANTHONY J. NEMO COLLEEN M. CHAISTIANSON JOHN E CLIFFORD DENNIS R. JOHNSON 1616 PARK AVENUE KONSTANDINOS NICKLOW PAUL R DAHLBERG DANIEL 1 BOIVIN MMIN'NEAPOLIS, MINNESOTA 55404 JONATHAN M. PECK MICHAEL C. SNYDER PAMELA J. SPAULDING JOHN P. SHEENY (612) H 612 339 - 9121 ANDREW DAVICK MARK D. STREW HOWARD 1. BASS FAX (612) 339 -9188 OF SE L DANIEL C. GUERRERO www.meshbesher.com M. KATHERINE S. FLOM RUSSELL M. SPENCE JEFFREY P. OISTAD REPLY TO MINNEAPOLIS OFFICE KENNETH MESHBESHER February 26, 2004 BY FACSIMILE AND MAIL Mark J. Vierling Eckberg Lammers, et al. - 1835 Northwestern Avenue F Stillwater, MN 55082 f Re: Your File No. 01501 -11519 Jacob Holdings of Stillwater, LLC Further Affecting Former Amoco Site • 14738 60 Street North, Oak Park Heights Dear Mr. Vierling: Thank you for your letter of February 18, 2004. I understand it is the City of Oak Park Heights' position that the signage and canopy was never permitted nor was any application submitted for a sign permit on that location by my client. We are looking into the issue of the canopy signage and an application for a sign permit. I think it is incorrect for you to assume we have no intention of removing the signage. We are certainly trying to review our options since it does not seem to make sense to remove the signage, submit an application and put the signage back. However, I find it difficult to understand how the City's intent, in effect, is to regulate the content of the sign that was put on the canopy. When the property was operated as a gasoline service station, there was plenty of signage explaining the products for sale. What we are looking for is a solution to this issue and not the violation of some ordinance. Your thoughts would be appreciated. Finally, we recently received a bill from Oak Park Heights regarding the city's services relating to the conditional use permit. Could you please direct my attention to • the city ordinances which allow the chargeback of third parties' services against the MINNEAPOLIS, WOODBURY, ST. CLOUD & ROCHESTER 02/26/04 18:05 FAX 612 339 9188 MESHBESHER & SPENCE IO03 MESHBESHER & SPENCE, LTD. • Mark J. Veirling February 26, 2004 Page 2 business that is already paying substantial real estate taxes for these government functions? Thank you. Very truly yours, MES 1: _ _ * ' & SPENCE, LTD. Daniel J. Boivin DJB /nzb • LAW OFFICES OF i Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue J amess F. Lammers Stillwater, Minnesota 55082 Lyle" Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling •+ (651) 439 -2878 Paul A. Wolff Thomas J. Weidner Susan D. Olson + FAX ( 651 ) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number: ----- •Qualified Neutral Arbitrator Timothy M. Kelley " / 651 351 -2118 Sean P. Stokes *Certified Real Estate Specialist Baiers C. Heeren +Qualified Neutral Mediator Laura L. Domagala Joshua D. Christensen February 18, 2004 Mr. Daniel Boivin Meshbesher & Spence, Ltd. C CD P V 1616 Park Avenue Minneapolis, Minnesota 55404 Re: Our File No. 01501 -11519 Your Client: Jacob Holdings of Stillwater, LLC Further Affecting Former Amoco Site 14738 — 60 Street North, Oak Park Heights, Minnesota Dear Mr. Boivin: As you are aware, the signage on the canopy located on the site referenced above was never permitted by the City of Oak Park Heights, nor was any application ever submitted for a sign peuiiit on that location by your client. The variance and conditional use permit that was granted by the City Council to your client provided that the signage should be removed within thirty days following the approval of the variance and conditional use permit. The thirty days has elapsed and the signage on the canopy is still in place. Since we have previously corresponded with you regarding this matter on January 19, 2004, I am formally notifying you at this point in time that your client is in violation of the Ordinances of the City of Oak Park Heights and has no permit to maintain signage on that site. The grace period that the City Council allowed you to have for removal of that signage is now lapsed, and I can only assume that since it has not been removed that your client has no intention of doing so. If I am i. . - . e that assumption, I invite you to contact me immediately so that we can discuss ti atter. Ho , -ver, if I do not hear from you within seven days of the date of this letter, I w' assume tha -our client has no intention of complying with the Oak Park Heights Ordinan7 relating tp -tI.is issue. • . Isve . ly, C .. i -- �.-�- L ark J. Vierling 0 MJV /mkr cc: Eric Johnson, City Administrator/ 4 CITY OF „,,,.,, ,?„.,3_,*.4(7 OAK PARK HEIGHTS r ? fx 14168 Oak Park Boulevard No • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439 -4439 • Fax 651/439 -0574 January 5, 2004 Mr. Mark Vierling Eckberg, Lammers, Briggs, Wolff & Vierling Attorney's at Law 1835 Northwestern Ave. Stillwater, MN 55082 Re: Jacob Holdings of Stillwater, LLC Amended Variance and Conditional Use Permits — 14738 60 St. N. Dear Mr. Vierling: Enclosed herewith for filing with the Washington County Recorder's Office, please find a • copy .. ? the alive-referenced document, with attachments and Notice of Certification. • rdially . / ric ohns• City A. .tor EJ:jah Enclosur- 1' 'i'')-.)6 ill Tree City U.S.A. NOTICE OF CERTIFICATION • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Amended Variance and Conditional Use Permit For Jacob Holdings of Stillwater, LLC 14738 6, St. N. • with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 5th day of January, 2004. ricJohnsdn City Adminis tor • ._ • LAW OFFICES • RONALD I. MESHBESHER MESHBESHER & SPENCE, LTD. JEFFREY P. OISTAD JOHN P. CLIFFORD ANTHONY J. NEMO DENNIS R. JOHNSON 1616 PARK AVENUE COLLEEN M. CHRISTIANSON DANIEL I. BOIVIN MINNEAPOLIS, MINNESOTA 55404 KONSTANDINOS NICKLOW MICHAEL C. SNYDER PAUL R. DAHLBERG JOHN P SHEEHY (612) 339 -9121 JONATHAN M. PECK MARK D. STREED PAMELA J. SPAULDING HOWARD I. BASS FAX (612) 339 -9188 DANIEL C. GUERRERO www.meshbesher.com OF COI TNSEL KATHERINE S. FLOM RUSSELL M. SPENCE REPLY TO MINNEAPOLIS OFFICR KENNETH MESHBESHER December 17, 2003 VIA FACSIMILE AND MAIL Eric Johnson City Administrator Oak Park Heights 14168 N. Oak Park Blvd. Oak Park Heights, MN 55082 Re: Oak Park Heights 14738 60t Street North • Conditional Use Permit Dear Mr. Johnson: Please issue a copy of the City's file regarding the conditional use perinit for 14738 60t Street North in Oak Park Heights. You may contact Tom McAlpine of our office when the documents are available for pick up. Thank you. Very truly yours, 9 1 4 g0 Sandra Peterson Paralegal /sp MINNEAPOLIS, WOODBURY, ST. CLOUD & ROCHESTER OF 7/03 15:03 FAX 612 339 9188 MESHBESHER & SPENCE [2002 /002 LAW oFFlces 1n . RONALD ►, MESHDESHEMESHBESHER, MESHBESHER & SPENCE, LT J) JEFFREY D. O►STAO JOHN P. CLIFFORD AN'T'HONY 1 NEMO • DCNNIS R. JOHNSON 1616 PARK AVENUE COLLEEN M. CHIRISTIANSON DANIET. 1 BOI�JIN MINNEAPOLIS. MINNESOTA 55404 KONS1'ANDINOS NICKLOW MICHAEL C. SNYDER PAUL R. DAHLBFRG JOHN P SIILEHV (612) 339 -9121 JONATHAN M. PECK MARK D STREED PAMELA J. SrAULDING I-IOwARD I. BASS FAX (612) 339 -9163 DANIEL c. oUERRFRO www.mcshbeshcr.com OF CmiNSGr KATIIFRINE S FLOM RUSSELL M. SPENCE REPLY TO MINNEAPOLIS OFFICE KENNETH mESHBESHER December 17, 2003 VIA FACSIMILE AND MAIL Eric Johnson City Administrator Oak Park Heights 14168 N. Oak Park Blvd. Oak Park Heights, MN 55082 Re: Oak Park Heights 14738 60t Street North Conditional Use Permit • Dear Mr. Johnson: Please issue a copy of the City's file regarding the conditional use permit for 14738 60 Street North in Oak Park Heights. You may contact Tom McAlpine of our office when the documents are available for pick up. Thank you. Very truly yours, // p0, Sandra Peterson Paralegal isp • MINNEAPOLIS, WOODBURY, ST. CLOUD & ROCHESTER .7/03 15:01 FAX 612 339 9188 MESHBESHER & SPENCE 07]001 /002 L , A W OFFICES RONALD I. ME•SHD>:.SHER MESHBESHER & SPENCE, LTD. JEFFREY P.OISTAD JOHN P CLIFFORD ANTHONY 1. NCMO 11. DENNIS R. JOHNSON 1616 PARK AVENUE COLLEEN M. CIIRIS'1'IANSON DANIEL J. DON W KONS'1'ANDINOS NICKLOw MICHAEL C. sNYDBR MINNEAPOLIS, MINNESOTA 55404 PAUL R. DAHLBERG JOHN V. SHEEHY (612) 339 -9121 JONATHAN M PECK MARK V STREED PAMF.I,A J. SPAULDING HOWARD I. BASS FAX (612) 339-9188 DANIEL C. GUERRERO www.moshbe511ef.COm OF C ELL M I, KATHERINE S. FLOM RussLL M. SP[NCL ,IkEPIYTO MINNEAPOLIS OFFICF KENNETH MF.SHBESHER FACSIMILE COVER SHEET DATE: December 17, 2003 TO: Eric Johnson FIRM /COMPANY: City of Oak Park Heights FAX NUMBER: 651 439 -0574 FROM: Sandra Peterson /Daniel J. Boivin OUR CLIENT: 0 NOTE: Letter of even date. This facsimile consists of 2 _page(s), including the cover page. If for any reason this transmission is incomplete, please call Nancy at (612) 339 -9121. Original to follow by mail: x Yes No Express X Regular CAUTION: The information contained in this facsimile message is privileged and confidential and is intended only for the use of the individual or entity named above. If you, the reader of this message, are not the intended recipient, you are strictly prohibited from disseminating, distributing, or copying the information contained in the facsimile message. If you have received this message in error, plesse notify us immediately by telephone and return the original message to us at the above address. • • MINNEAPOLIS, WOODBURY, ST. CLOUD 8c ROCHESTER CITY OF OAK PARK HEIGHTS AMENDED VARIANCE AND CONDITIONAL USE PERMITS FOR Jacob Holdings of Stillwater LLC Planners File No. 798 -02 -03.12 Date Issued December I, 2003 Legal Description: See Exhibit A. (PIN #33.030.20.43.0057) Site Address: 14738 60th St. North, Stillwater, MN 55082 Applicant: Jacob Holdings of Stillwater LLC Address: 500 Ford Road Minneapolis, MN 55426 • Fee Owner: Erickson Post, Inc. 715 Florida Ave So/ STE Minneapolis MN, 55402 Present Zoning District: B -2, General Business Conditional uses set forth in Ordinance 401 Section 401.30 E. I. CONDITIONAL USE PERMIT FOR: Auto sales lot, (Conversion Van sales) accessory to principal auto sales lot and related automobile sales and service business II. PRINCIPAL BUSINESS AND RELATED PROPERTIES: Main Dealership- 14702 60th St. North, Stillwater, MN 55082 (PIN# 33.030.20.43.0042) Additional Lot -offsite parking and open and outdoor storage (PIN #33.030.20.43.0038) Related Variances and Conditional Use Permits Granted: 1. Amended Variance and Conditional Use Permits for Routson Motors issued October 23, 2001 and amended January 22, 2002. • .13. The building shall be inspected by the Building Official to determine if a building permit is necessary for the completed improvements. 14. Written documentation of closure is provided by the MPCA related to the contamination issues at 14738 60 Street North. 15. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed at night to a level that is acceptable to the City. 16. Forty -seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be dedicated for service at the main dealership property at 14702 60 Street North. Four parking stalls shall be dedicated for customer parking at the subject site at 14738 60 Street North. One vehicle shall be allowed per designated parking stall throughout the lot. ka....iM ci-7 The applicant shall submit a revised site plan for the main dealership property at 147 620 0 Street North 17. indicating at 10 foot driveway and parking setback with parking areas, vehicle ispis a , and access drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than October 15,.2008. 18. All signage at the main dealership property at 14702 60 Street North shall be brought into conformance with the City's Sign Ordinance found in Section 401.15.G of the Oak Park Heights Zoning Ordinance le no later than October 15; 2008. 19. All lighting, including fixtures and photometrics, at the main dealership property at 14702 60th Street North, shall be brought into conformance with the City's lighting requirements found in Section 401.15.B.7 of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. IN WITNESS WHEREOF, the parties have set forth their hands and seals. j , j*?AKP. 4tTs ® By / � • Date: 1 avid B - : udet, Mayor Date ...2--q- q 0 41 B Eri o ,son ty •'dministrator • ITY OF OAK PARK HEIGHTS • — f: 1 Lam- Memo 2o °3 1 6 ti\ AZ‹ -To T }- (, l� a • t° W Z)p,/(y S yt_Ge Eric A. Johnson From: Eric A. Johnson •nt: Tuesday, December 02, 2003 4:23 PM Lindy Swanson; Sandy Kruse bject: FW: OPH's finest citzen. - - - -- Original Message lammers.com] From: Mark Vierling [mailto:mvierling @eckberg Sent: Tuesday, December 02, 2003 4:11 PM To: Eric A. Johnson Subject: RE: OPH's finest citzen. Cite as violation of Ordinance 401.30 operating without a conditional use permit Mark Original Message From: Eric A. JDecemberm02, t2003] 3h43oPMcityofoakparkheights.com Sent: Tuesday, To: Mark Vierling (E -mail) Subject: OPH's finest citzen. Dont forget Denny. • Aft 1 uurs -ji JUN X/R IDENTIFICATIOFd DATE TIME DIAGNOSTIC 03 OK 001 133 00:00'39 RCV DEC -01 10:08 0110270337000 30 OK 002 134 00:01'11 RCV DEC -01 10:59 0110270377000 31 OK 005/005 135 00:01'11 XMT 8 1 ;2777 ncr_rai ,,.mc AfAf„ * * * * * * * * * * * * * ** -JOURNAL- * * * * * * * * * * * * * * * * * * * * * * * ** DATE DEC -09 -2003 * * * ** TIME 07:33 * ** P.02 f NO. COM PAGES FILE DURATION X/R IDENTIFICATION DATE TIME DIAGNOSTIC 0 9 OK 001 133 00:00'39 RCU DEC -01 10:08 0110270337000 30 OK 002 134 00:01'11 RCU DEC -01 10:59 0110270377000 31 OK 005/005 135 00:01'11 XMT s 9525252333 DEC -01 11:06 4840470377000 32 OK 002 136 00:00'45 RCU +6517481109 DEC -01 11:27 0150270377000 33 OK 001 137 00:00'37 RCU DEC -01 11:40 0110270877000 34 OK 002 138 00:01'10 RCU 6516361311 DEC -01 12:47 0150270377000 35 OK 002/002 139 00:00'49 XMT s 7481109 DEC -01 14:22 6840470377000 36 OK 006/006 140 00:01'42 XMT s 7637929801 DEC -01 14:42 0840470377000 37 OK 005 141 00:01'33 RCU 7637929801 DEC -01 15:48 0150270377000 38 OK 001 142 00:00'24 RCU Brines DEC -01 15:50 0150260077000 39 OK 001 143 00:00'23 RCU Brines DEC -01 18:00 0150250077000 40 OK 002/002 144 00:01'00 XMT ATTORNEY DEC -02 07:55 8840470377000 41 OK 001/001 145 00:00'45 XMT ATTORNEY DEC -02 07:56 8840470377000 42 OK 006/006 146 00:01'33 XMT a 9525252333 DEC -02 08:19 4840470377000 43 OK 001 147 00:04'29 RCU DEC -02 09:41 0110270317000 44 OK 001/001 148 00:00'23 XMT s 9529301929 DEC -02 09:49 0840470377000 45 OK 003 149 00:00'51 RCV 9525959837 DEC -02 10:02 0150270377000 46 OK 002/002 150 00:00'45 XMT a 2972547 DEC -02 11:37 F840470377000 47 OK 008/008 151 00:07'09 XMT s 9528889526 DEC -02 13:04 F800470337000 48 OK 002 152 00:01'11 RCV 6519059806 DEC -03 07:40 0150260A37000 49 OK 005/005 153 00:01'28 XMT s 4397188 DEC -03 08:44 4800470377000 50 OK 002/002 154 00:00'50 XMT ATTORNEY DEC -03 00:51 8840470377000 51 OK 005 155 00:03'25 RCU DEC -03 09:22 0110270377000 52 412 000 00:00'27 RCU 7154853537 DEC -03 11:52 0050270377000 53 OK 002 156 00:01'01 RCV 7154853537 DEC -03 11:53 0150270377000 41 " OK 006 157 00:02'19 RCV 612 303 1338 DEC -03 13:02 0150270577000 OK 003/003 158 00:01'01 XMT a 6123031338 DEC -03 16:01 2800470377000 6 OK 001 159 00:01'48 RCU FAX DEC -03 17:17 0150270577000 57 OK 001/001 160 00:00'29 XMT s 4397188 DEC -04 09:53 4800470377000 58 OK 006/006 161 00:02'48 XMT s 7478319 DEC -04 10:34 0840470237000 59 OK 002/002 162 00:00'46 XMT s 6316302 DEC -04 11:25 0840470237000 60 OK 002 163 00:00'41 RCV 763 569 1833 DEC -04 11:55 0150270377000 61 OK 001/001 164 00:00'45 XMT s 2751766 DEC -04 13:43 0840460230000 62 OK 001 165 00:00'38 RCV 7154853537 DEC -04 15:14 0150270377000 63 OK 003 166 00:02'10 RCV 651 430 0180 DEC -04 15:54 0150270567000 64 OK 001 167 00:00'47 RCU DEC -04 23:47 0110260077000 65 OK 002 168 00:01'02 RCV DEC -05 09:03 0110260077000 66 OK 002 169 00:00'41 RCV 6517319796 DEC -05 10:22 CO542B0377000 67 420 000 00:00'40 RCV DEC -05 13:46 0010260200000 68 OK 001 170 00:00'47 RCV DEC -05 14:01 0110260277000 69 OK 004 171 00:01'52 RCU 18776832574 DEC -06 03:04 0150270577000 70 OK 001/001 172 00:00'32 XMT BEAUDET DEC -08 10:50 0840470377000 71 OK 001 173 00:00'42 RCV DEC -08 12:13 0110270A77000 72 OK 007/007 174 00:01'58 XMT s 9525252333 DEC -08 14:09 4840470377000 73 OK 001 175 00:00'49 RCV Brines DEC -08 18:313 0150260077000 74 495 001 176 00:00'49 RCV Brines DEC -08 18:39 0050260077000 75 OK 001 177 00:00'49 RCV Brines DEC -08 18:40 0150260077000 76 OK 001 178 00:00'50 RCV DEC -08 18:43 0110270A77000 77 OK 001 179 00:01'23 RCV Brines DEC -09 00:20 0150260437000 78 OK 002/002 180 00:00'30 XMT ATTORNEY DEC -09 07:32 8840470377000 II I -CITY OF OPH - **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** - 651 439 0574 - * * * ** - - * * * * * * * ** • * * * * * * * * * * * * * ** - JOURNAL- * * * * * * * * * * * * * * * * * * * * * * * ** DATE DEC -09 -2003 * * * ** TIME 07:33 * ** P.01 , NO. COM PAGES FILE DURATION X/R IDENTIFICATION DATE TIME DIAGNOSTIC 411 /9 OK 001 085 00:00'48 RCV 888 - 455 -3551 NOV-20 10:53 0150270377000 80 OK 005 086 00:01'36 RCV 9525959837 NOV -20 11:09 0150270377000 81 OK 001/001 087 00:01'58 XMT PLANNER NOV -20 11:32 0840470307000 82 OK 002 088 00:01'47 RCV NOV -20 12:34 0110270357000 83 OK 001 089 00:00'27 RCV 6517770119 NOV -20 14:59 CO54280377000 84 420 000 00:00'40 RCV NOV -21 10:49 0010260200000 85 OK 002/002 090 00:00'36 XMT a 4395641 NOV -21 11:06 8840470377000 86 OK 001 091 00:00'32 RCV Travel Partners NOV -21 11:55 0150270A77000 87 OK 004/004 092 00:01'21 XMT a 2968717 NOV -21 13:30 2840470377000 88 OK 001 093 00:02'59 RCV RightFax NOV-21 20:31 0150270567000 89 420 000 00:00'39 RCU NOV-22 02:33 0010260200000 90 OK 001 094 00:00'53 RCV TLJC NOV -24 01:53 0150260277000 91 OK 001/001 095 00:00'29 XMT a 4394713 NOV -24 10:02 C844480377000 92 OK 004 096 00:07'24 RCU 651 405 8900 NOV -24 11:03 0150270567000 93 OK 002 097 00:00'42 RCU 651 439 9464 NOV-24 11:27 0150270377000 94 OK 001/001 098 00:00'26 XMT a 18055815032 NOV-24 11:54 2840470377000 95 OK 009/009 099 00:02'32 XMT BRACKEY NOV -24 12:01 0800470377000 96 OK 006 100 00:01'32 RCU 7635315136 NOV -24 12:06 0150270377000 97 OK 005/005 101 00:01'51 XMT ATTORNEY NOV-24 13:57 8840470377000 98 OK 003 102 00:02'32 RCV 715 532 9555 NOV-24 14:45 0150270377000 99 OK 003 103 00:01'48 RCV Honeywell NOV-24 14:53 0150270377000 00 OK 001 104 00:00'36 RCV hsusa NOV -24 15:11 0150270377000 01 OK 002 106 00:00'36 RCV 9 612 664 8555 NOV -24 16:50 0150270377000 02 OK 005 107 00:01'46 RCV 6517390846 NOV -24 17:01 0150270577000 03 OK 011/011 108 00:02'59 XMT a 4397188 NOV -25 07:57 4800470377000 4 420 000 00:00'40 RCU NOV -25 09:29 0010260200000 OK 003 109 00:01'21 RCU 6516361311 NOV -25 11:01 0150270377000 06 OK 002 110 00:01'34 RCU 651 405 8900 NOV -25 14:15 0150270567000 07 OK 001/001 111 00:00'31 XMT s 7390846 NOV -25 16:23 2800470377000 08 OK 003 112 00:00'57 RCV 651 439 9464 NOV -25 16:24 0150270377000 09 OK 004 113 00:01'57 RCV 18776832574 NOV -25 18:40 0150270577000 10 OK 004/004 114 00:01'21 XMT ATTORNEY NOV -25 21:16 8840470377000 11 OK 003/003 115 00:00'56 XMT a 4308810 NOV -26 08:43 0840470237000 12 OK 001/001 116 00:00'26 XMT a 2751254 NOV -26 09:17 6800470377000 13 OK 003 117 00:00'59 RCV 9528301365 NOV -26 09:32 0150270377000 14 879 017 118 00:16'32 RCV 6516361311 NOV -26 10:41 0050270567000 15 OK 019 120 00:20'11 RCU 6516361311 NOV -26 10:59 0150270577000 16 OK 006/006 119 00:02'18 XMT a 2750678 NOV -26 11:20 2840470337000 17 OK 002 121 00:01'57 RCU NOV -26 11:26 0110270367000 18 OK 012 122 00:05'18 RCV 651 423 6286 NOV -26 12:39 0150270577000 19 OK 001/001 123 00:00'27 XMT a 19372233344 NOV -26 13:10 0800470377000 20 OK 004/004 124 00:00'56 XMT a 4829519 NOV -26 14:04 C844480377000 21 OK 024/024 125 00:06'50 XMT ATTORNEY NOV -26 14:59 8840470377000 22 OK 005/005 126 00:01'28 XMT a 17158321074 NO 15:55 0840470377000 23 OK 004/004 127 00:01'30 XMT a 6316301 NOV-26 15:59 0840470237000 24 OK 017/017 128 00:06'55 XMT a 6316301 NOV -26 16:03 0840470237000 25 OK 001 129 00:00'25 RCV NOV -26 16:36 0110270377000 26 OK 001 130 00:00'34 RCU FAX DEC -01 08:31 0150270377000 27 OK 002/002 131 00:00'47 XMT a 6316301 DEC -01 09:22 0840470237000 28 OK 001/001 132 00:00'33 XMT a 2150525 DEC -01 09:58 7840470377000 « CONTINUE » i -CITY OF OPH - ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** -651 439 0574 - * * * ** - - * * * * * * * ** 11/25/03 16:13 MAGNUSON LAW FIRM NU. (di!) 1, MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN • THE DEsCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE 5202 • PO. Aux 436 • STILLWATEA, MN 55082 TELEPHONE: (651) 439 -9464 • TELLc WU U' (650 439 -5641 DAVID T. MAGNUSON MARGARET M. MURPHY November 25, 2003 BY FACSIMILIE: 651 - 439 -0574 Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd. P.O. Box 2007 Oak Park Heights, MN Re: Erickson Post Site, 14738 60th Street North • Jacob Holdings of Stillwater, LLC Denny Hecker's Conversion Van Conditional Use Permit Dear Mr. Johnson: After reviewing this planning file and discussing the matter with Denny Hecker and his staff, 1 believe some things have become apparent that should be brought to the attention of the City of Oak Park Heights. Planning records show that the Application for a Conditional Use Permit for Denny Hecker's Conversion Van Center was stamped "Received" by the City of Oak Park Heights on August 22, 2003. Since no notice of any deficiency in the Application was sent to Hecker within ten days, this Application, in a legally complete form was, therefore, received by the City on August 22, 2003 for the purposes of Minn. Stat. §15.99. All of you with the City staff are aware that this Statute is strictly followed. The requirement of the Statute is that you either grant the permit request or deny the request with the appropriate findings within sixty days of August 22nd or, as a .matter of law, the permit request is deemed approved. When Scott Richards wrote to Denny Hecker on October 29, 2003, notifying Hecker of an extension of the sixty day deadline, it was nine days late since the Permit Application was approved by law on October 20, 2003. • We trust that Oak Park Heights will honor this Statute. If this seems an unreasonable position, keep in mind that the Hecker interests believe they have been singled out among the auto dealerships in the City of Oak Park Heights for discriminatory treatment; that they have • 11/25/03 1E:13 MAGNUSON LRW FIRM NO.780 P03 Eric Johnson Novernber 25, 2003 • Page 2 suffered from embarrassing threats made by representatives of Oak Park Heights that the place business be immediately be closed down and emptied out. All of this has a chilling affect upon honorable businessmen who pay substantial taxes in the City of Oak Park Heights and who deserve better treatment. I ask that if anyone representing the City of Oak Park Heights plans to take any action other than closing the file on this Conditional Use Permit that they contact me beforehand. Respectfully, David . agnuson Attorney for Denny Ilecker DTM/jmo cc: Scott Richards (By Fax: 952 -595 -9837) Mark Vierling (By Fax 651-439-2923) • • • 11/25/03 16:13 MAGNUSON LAW FIRM NO. 780 D01 MAGNUSON LAW FIRM LICENSED N MINNESOTA AND WISCONSIN • ThIE D>:scri OFFICE DUILDING 333 NORTH MAIN STREET • SUITE 4202 • P.O. Box 438 • STtLLw,ATeR, MN 55062 TELEPHONE' (651) 439.9464 • FAX: (651) 439 -5641 DAVID T. MAGNUSON MARGARET M. MURPFIY FACSIMILE COVER SHEET DATE: November 25, 2003 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: 3 TO: Eric Johnson„ City Administrator FAX: 651 -439 -4574 City of Oak Park Heights Scott Richards FAX: 952- 595 -9837 Mark Vierling FAX 651 -439 -2923 FROM: David T. Magnuson • SPECIAL REMARKS: Re: Erickson Post Site 14738 60th Street North Jacob Holdings of Stillwater, LLC Denny Hecker's Conversion Van Conditional Use Permit Dave Magnuson If you did not receive all pages, please contact Joy at 651/439 -9464. The information contained in this facsimile message is attorney privileged and confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited If you have received this fax in error, please immediately not us by telephone, and return the original message to us at the above address via the US. Postal Service. We will be responsible for postage costs. LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue 1110 James F. jammers Minnesota nnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling • + (651) 439 -2878 ...... Thomas J. Weidner •+ Paul A Wolff Susan D. Olson + FAX (651) 439 -2923 (1944 -1996) David K. Snyder Timothy M. Kelley Writer's Direct Dial: (651) 351 - 2118 Sean P. Stokes •Qualified Neutral Arbitrator Baiers C Heeren *Certified Real Estate Sper6l;ct Laura L. Domagala +Qualified Neutral Mediator November 26, 2003 Mr. David T. Magnuson Attorney at Law 333 North Main Street LJ P.O. Box 438 Stillwater, MN 55082 Re: Erickson Post Site, 14738 -60 Street North; Jacob Holdings of Stillwater, L.L.C.; Denny Hecker's Routson Motors Site Dear Mr. Magnuson: • Your correspondence of November 25, 2003 has been referred to this office with the City's file for review and comment. I too have reviewed the planning file and must disagree with your opinion relative to the application of Minn. Stat. § 15.99. As you may or may not be aware, the 2003 Legislature of the State of Minnesota, effective August 1, 2003, increased the time period that the City has to notify a landowner in writing of the incompleteness of the application, to fifteen (15) business days. Your client through its applicant, Mr.'Rambo, on behalf of Mr. Hecker and Jacob Holdings, was directed a facsimile transmission from the City of Oak Park Heights Community Development Department on September 10, 2003, advising him that his application was incomplete, and provided a development application checklist with the various items that were required. The application by your client is dated August 21 but was stamped "received" by the City of Oak Park Heights on the 22 of August. By my review of the calendar, there are thirteen business days (as a result of the Labor Day holiday). that expired between the time that your client's application was stamped "received" by the City, and the time that the facsimile transmission was sent to Mr. Rambo, your client's representative. The correspondence faxed to Mr. Rambo from the Community Development Department, in our opinion, qualifies under the requirements of Minn. Stat. § 15.99 Subd. 3 as sufficient notice to your client that its application was incomplete. Your client did not submit the additional information requested until later in the month and the sixty -day applicable time period commences as of September 10, 2003. The correspondence from the City Planner to your client, notifying him of the decision of the Council to extend the time date at the October meeting of the City of Oak Park Heights, together with your client's presence through Mr. Rambo at the October • meeting of the City Council, is a timely and adequate notice that the City extended for an additional sixty days, the consideration of the application of Jacob Holdings under Minn. Stat. 15.9 Subd.3 (f). Mr. David Magnuson November 26, 2003 Page 2 Even if the City had not acted properly within the scope of Minn. Stat. § 15.99, which it did, your client would merely have a conditional use relative to the use of the lot for car showing purposes, but would lack approvals and would be in non - compliance with the City's Ordinance relative to signage, lighting and other development standards that would still need to be addressed, as he has never applied for nor received any variances for those requirements from the City. The City staff remains ready to review the lighting, signage and other requirements of the City's code relative to the development of this property, if further meetings are desired by you or your client. Notwithstanding that, the matter will proceed before the next City Council meeting December 9, 2003. Yours very truly, • Mark J. Vierling MJV /mkr Encl: September 10, 2003 Fax to Mr. Rambo / October 29, 2003 NAC letter. cc: Eric Johnson, City Administrator, City of Oak Park Heights/ Scott Richards, Northwest Associated Consultants • City of Oak Park Heights -1(7, Community Development FAX To: Bill Rambo for Hecker /Jacob Hldng From: Julie Hultman Fax: 763 -493 -2093 Pages: 2, including cover sheet - Date: September 10, 2003 Re: 14738 60 St. N. Bill — Per our conversation, here is the development application checklist. At this time all I have is a check from Jacob Holdings LLC and an application form for Conditional Use Permit. October planning action deadline is today. Kindly submit all information applicable to my or Eric Johnson's attention today. It is my understanding that this application is expected today in order to have business operations continue at the site. • Please direct any questions you may have regarding the application material submittals or otherwise to Eric Johnson as I will be out of the office as of 2:00 p.m. today. Thanks r 1- 14168 Oak Park Blvd. N. Phone: (651) 439 -4439 P.O. Box 2007 Oak Park Heights, MN 55082 Fax: (651) 439-0574 • • • • DEVELOPMENT APPLICATION CHECKLIST The following items may need to be submitted as part of your application process. Please refer to the City's Zoning Ordinance for detailed submittal requirements. ➢ Application form and payment for fees. ➢ Proof of ownership or authorization to proceed as applicant. ➢ A parcel search, including mailing labels, obtained from Washington County locating all properties within 500 feet of the exterior boundaries of the subject property. ➢ Project Narrative. ➢ Contact information list. ➢ Schematic drawing of proposed development. ➢ Staging /Phasing Plan. ➢ Property Survey /Lot Dimension Plan. ➢ Property Tax Statement. ➢ Grading and Drainage Plan. ➢ Existing Site Conditions Plan. ➢ Site Development Plan. ➢ Landscape Plan. ➢ TrafficNehicular Management Plan. ➢ Signage Plan. • ➢ Lighting Plan. ➢ Tree Protection and Replacement Plan. ➢ Building Plans with elevations. ➢ Other plans and /or information as required by City Ordinance or requested by City Staff: All plans should be submitted in the following format: • ➢ 3 Full Scale sets of plans; and ➢ 20 11" X 17" sets of plans. Plans and all correspondence should be directed to: Community Development Department City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 • Application Checklist Updated 01 -24-03 `NQC N ORTI O'IIST AS3OCI TItO CONSULTANTS INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com • October 29, 2003 Mr. Dennis Hecker Jacob Holdings of Stillwater LLC 500 Ford Road Minneapolis, MN 55426 RE: Oak Park Heights — Denny Hecker's Conversion Van Center _ (14738 60 Street North) — Conditional Use Permit FILE NO: 798.02 — 03.12 Dear Mr. Hecker: Please be advised that the City Council, at their October 28, 2003 meeting, approved a motion extending the period of time for City review of your project for an additional 60 day period (for a total of 120 days from the date of the application) pursuant to Minnesota Statutes 15.99, Subd. 3 (f). The additional time is required to allow you and the City to address ordinance conformity issues related to the subject site and your • main dealership at 14702 60 Street North. The application was accepted by the City on September 3, 2003. By extending the review period, all issues will need to be resolved and the Council act upon this application by December 30, 2003. Additionally, the Council approved a motion requiring you to not illuminate the canopy or building after dark. That would include the under 'canopy lights. Minimal security lighting only, subject to approval of the City Administrator, will be allowed for the site. Please contact me with any questions you may have at 952/595 -9636. NORTHWEST ASSOCIATED CONSULTANTS, INC. 4 11 Scott Richards, AICP Senior Planner pc: Eric Johnson Mark Vierling • CJG1UPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 12/03/03 TIME 7:59:23 INITIAL COMPLAINT REPORT 103704275 DATE /TIME REPORTED: 12/02/03 16:30:57 DISPATCHER: SKKRUSE DATE /TIME STAMP: 12/02/03 16:31:24 ENTERED BY: SKKRUSE LOCATION OF INCIDENT: 6118 OSGOOD AV N GRID: ERICKSON POST PROPERTY OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: 475 BUCKLEY NAMES ASSOCIATED ERIC ALLEN JOHNSON WITH THIS INCIDENT: 14168 OAK PARK BLVD N OAK PARK HEIGHTS, MN 55082 PHONE:(H) (W) 651/439 -4439 SEX:M DOB: 1/16/1971 ASSOCIATION: COMPLAINANT VIOLATION OF CONDITIONAL USE 401.30 THOMAS HARRY TAUBE 12969 60TH ST N OAK PARK HEIGHTS, MN 55082 PHONE:(H) (W) 430 -2400 • SEX:M DOB: 7/11/1954 ASSOCIATION: SUSPECT SW308825 VIOLATION OF OPERATING WITHOUT A CONDITIONAL USE PERMIT CITY ORDI. 401.30 CADILLAC PONT GMC & OLDS DENNY HECKERS 14702 60TH ST N OAK PARK HEIGHTS, MN 55082 PHONE:(H) 651/351 -9247 (W) 651/430 -2900 SEX: DOB: ASSOCIATION: SUSPECT OFFICER COMMENTS: I WAS INSTRUCTED BY CITY ATTORNEY MARK VIERLING AND CITY 475 12/02/03 ADMINISTRATOR ERICK A. JOHNSON TO ISSUED A CITATIOHN TO THE 475 12/02/03 GENERAL MANAGERR TO DENNY HECKER CADILLAC AND GMS FOR 475 12/02/03 VIOLATION OF OPERATING WITHOUT A CONDITIONAL USE PERMIT.I 475 12/02/03 ARRIVED AND FOUND VEHICLES STILL PARKED ON THE OLD ERICKSON 475 12/02/03 POST PROPERTY WITH THE LIGHTS ON OVER THESE VEHICLE. 475 12/02/03 ADMINISTRATOR JOHNSON AND CITY ATTORNEY VIERLING HAVE BEEN 475 12/02/03 IN CONTACT WITH DENNY HECKER CADILLAC AND GMC ON THIS 475 12/02/03 PROPLEM AND NOTHING HAS BEEN DONE.CITATION WAS ISSUED TO THE 475 12/02/03 ASSISTANCE GENERAL MANAGER THOMAS TAUBE. I EXPLAINED THE 475 12/02/03 CITATION TO AND HIM HE WAS VERY RECEPTIVE AND WOULD WORK ON 475 12/02/03 TAKING CARE OF THE PROBLEM AND PERMIT 475 12/02/03 iip PLAINED THAT IF THERE WERE ANY QUESTIONS TO CONTACT 475 12/02/03 ADMINISTRATOR JOHNSON.CLEARED 475 12/02/03 Minnesota Statutes 2003, 415.17 Page 1 of 1 Minnesota Statutes 2003, Table of Chapters Table of contents for Chapter 415 415.17 Businesses that violate ordinances. The governing body of a home rule charter or statutory city may order that a place of business be closed if r determines that the business conducted at that place was in violation of a city zoning or licensing ordinance at the time the business was established at that location. The city must have in place a proper notification procedure and have followed the procedure prior to requesting the enforcement of this section. HIST: 1996 c 430 s 1 Copyright 2003 by the Office of Revisor of Statutes, State of Minnesota. http: / /www.revisor.leg.state.mn.us /stats /415 /17.html 12/4/2003 Eric A. Johnson From: Eric A. Johnson Ant: Tuesday, December 02, 2003 4:23 PM Lindy Swanson; Sandy Kruse bject: FW: OPH's finest citzen. Original Message From: Mark Vierling [ mailto :mvierling @eckberglammers.com] Sent: Tuesday, December 02, 2003 4:11 PM To: Eric A. Johnson Subject: RE: OPH's finest citzen. Cite as violation of Ordinance 401.30 operating without a conditional use permit Mark Original Message From: Eric A. Johnson [ mailto: eajohnson @cityofoakparkheights.com] Sent: Tuesday, December 02, 2003 3:43 PM To: Mark Vierling (E -mail) Subject: OPH's finest citzen. Dont forget Denny. • • 1 Eric A. Johnson From: Mark Vierling [mvierling @eckberglammers.com] ant: Tuesday, December 02, 2003 4:11 PM Eric A. Johnson bject: RE: OPH's finest citzen. Cite as violation of Ordinance 401.30 operating without a conditional use permit Mark Original Message From: Eric A. Johnson [mailto:eajohnson @cityofoakparkheights.com] Sent: Tuesday, December 02, 2003 3:43 PM To: Mark Vierling (E -mail) Subject: OPH's finest citzen. Dont forget Denny. 1 • 1 • A w � 4- ft c)() jo+-IN /, i/`�1 1 ct 05 If C0c Pfo • • �- on • OF(N Uc F er r tsc n t7 r79 2/Lnn. 1 tthY25 ditihak' � 4Jc n w�i ( 4/16*--- • p pit ,76/ i/cazte # ��f , c � � 0 Jy (dam /1-41' cete 4 0/39,_5pit • • /0_,_ 0, /17,e(7/44 A, gut_ et,4..._. — p 0 "op kc.i.-g--- f3/14 a • 0 Chi Z 1Z / S GGt eek i A cet ilei W I GL /s.ti S‘ 5 7 b'- 5/ � ce.,c — fr /4 6 ..,,.,__ . • - kw� /4 /macAlr6 /4)6 ..-- .l S " R 14417 . .e-0 If 8/< - in vS it, ea-) il A y . • pawl 17-u--1%-; 4 . cc e s• s . 0.,, ►°.c. 0 '/ u 10 4 kay ,o okt k9�Ga r i} 9 Ca wc� ) IT O � ' ' 1 5 1 4 1 1 r { , . I . r / 4 ' , .4- a.ee___4 _ t o 4 1 "/ - ge more_ Slsrra j.,e. 6 fn (j 57 5 <4 ma-- 61_ /0e ,5', Pzig "ail C0000WfOf Aw4 j • Eric A. Johnson From: Eric A. Johnson Sent: Thursday, September 25, 2003 4:50 PM Dennis Postler (E- mail); Mark Vierling (E- mail); Jay Johnson; Scott Richards (E -mail) ject: Amoco Site - LUST - Hecker CUP FYI... I have spoke with MPCA - Tanks and Spills Division Ms. Joan Henry and Stacey van Patten (the project leader) A few items. - All (4) tanks have been removed- 7 -24 -02 - Work performed by Armor Tank a (licsensed tank removal firm thru 4- 17 -04) - A leak was discovered on 7 -24 -02 - MPCA has required site investigation - D. Hecker submitted a Site Closure Request in early September 2003 and Site Investigation Findings - Project has been assigned to a hydro - geologist - who has 120 to review findings Stacy indicated that while this site is a concern, the site is not an immediate threat to health or safety. She additionally indicated that operating a car lot at the site is not a detrimental use or distrubing to a contamination plume. If there is to be digging on the site, MPCA should be involved. Thanks, oc • 1 ie Hultman From: Julie Hultman Sent: Thursday, September 18, 2003 4:45 PM Butler Jim (E- mail); Carmichael Brad (E- mail); Hoist Judy (E- mail); Johnson - Eric A. (E- mail); Johnson Jay (E- mail); Postler Dennis (E- mail); Richards Scott (E- mail); Swanson Lindy (E- mail); Vierling Mark (E- mail); Widin Kathy (E -mail) Subject: Site Review Meeting - Wednesday, September 24th - 10 a.m. Hi Everyone - We have received applications from (1) Site Acquisition Consultants for Nextel Communications regarding their desire for cell tower extension at one of the Xcel Energy transmission towers and (2) Jacob Holdings of Stillwater for CUP Amendment at Routson Motors. Information packets will be routed to you prior to the meeting. Kindly bring the information along with you on Wednesday. Have a great weekend! Julie Hultman City of Oak Park Heights Community Developement/Bldg. Inspections • 1 e CITY OF OAK PARK HEIGHTS *DEVELOPMENT APPLICATION, 2 2 ?i3O3 th • 14168 Oak Park Boulevard ,00 P.O. Box 2007 Base Fee: Oak Park Heights, MN 55082 Escrow Amount: /c &7c2 ° (651) 439 -4439 Fax: (651) 439 -0574 ,f Street Location of Property /7 733 6� / �C l�" D2/ / /94(- l9 j Legal Description of Property Owner: Name -- e7,(..-Sep/t,) , 6 Si // Address: 7/4 — / q ///g, ,c City:6 7 ,u t ��/ State: / //f�. Zip: Telephone: (Home) _ (Business) 2 1 .S r 777 (Fax) 7 3 --15 / (Other) Applicant: Name&pg G, /N Address: - F4 City: "ps _ State: /'XV. Zip: ,5 Telephone: (Home) 6/ � /��'`� (Business) 9 / 83670 (Fax) 745 -/9-.:5--c5) (Other) Type of Request(s) Zoning District Amendment Home Occupation X Conditional Use Permit Site Plan Review Variance: Single Family Residential PUD: Amendment Variance: Other Residential /Commercial /Industrial PUD: Concept Plan Subdivision PUD: General Plan Subdivision: Minor Street Vacation Comprehensive Plan Amendment City Financial Assistance Description of Request(s): If a request for planning /zoning action on the subject site or any part thereof has been previously approved, please describe it below: • Owner /Applicant Initials Development Application, Page 2 General Conditions 0 Application Review The undersigned acknowledges that before this request can be considered and /or approved, I required information and fees, including any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appro • ely to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for • collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31 of each year. Property Address /4 60 3 7 1)177 4 - j7) 1, '- /rL'S 4 Date: -2 -/ - 03 --- IS !X4 ner Signat G in s la--) Date: g'22/-•05 Applica S'g a 1777 • III Aug 25 03 01:32p B00 D00 SIGNS 763 444 8305 p.2 • .1. 9 i AN b e, Cl. 0 4 o 0 0 U' a a� , 0 ..; ° S M ' - . 0 a u a = I- - o Q io ° z go rij a. • o E �: U io c ,� - � - 1 0 r '\):3i O r '1 f■ 111/ (..-. (5 ° �- Ilg N. 0 � � Z M1 N - < © C • 0 �o L. i z V1053NMIW { I I I I I I I {��� P . '>a 11.4013114 X VJ MOO ° : 4tr 41011011e 3AILLOINOVIV • ill $ g a :11CM NY141 3bIS g II I I I I I l u it d rg a 6 0 a U Z CC O < LW! cv 4 L . 2)n) 1 : ! • Cl.) 'p W 6 o rn c rn Y� J - - - � o o - - o Y , � o.- ln --_- \ \ 1 \ \ vA o • ■ o ■ Ili U.), • o • Ilk Ca--14. \ \ I 01 , ' \ ' ` s li O O Z cJ I- 4 _ a m s O Z m ° a 0 , 0 I 1 I 0^ .0- \ i _ - (._0 V) D u_O O _Z L.LI I - • Conditional Use Permit Application For: • Denny Hecker's Conversion Van Center Highway 36 & Osgood Avenue Oak Park Heights, Minnesota Introduction This request is for the granting of a conditional use permit for the open lot sales of vehicles. No repair work will be performed on this site. Background The subject site used to be a convenience store / gas station, consisting of a 1,276 square foot single story masonry building located on the north edge of the site, and a metal freestanding canopy. Existing Condition The present site is fully developed with paving up to the west and south property lines. There are two existing approaches onto the site, one off Highway 36 frontage road, and another off Osgood Avenue, which is blocked off with concrete barricades. • Proposed Development The proposed development of this site is to leave all the existing site conditions as is, with the following exceptions. A. Painting the existing masonry building. B. Re- striping the existing paved area for the six (6) required parking spaces, and display areas. C. Installing new graphics on the existing canopy. Landscaping Plan The existing landscaping consists of landscape areas along the north side of the site. All existing plant materials will remain. No additional landscaping is proposed. Signage Plan No additional signage is proposed, only replace graphics on the existing canopy faces. Lighting Plan No additional site lighting is proposed. Existing site lighting consists of under canopy lighting. 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