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HomeMy WebLinkAbout2013-03-01 Published Amended Ordinance 2013-401-02 the amount tours and adjudged due to sera vlamnr n the wove-enema mane vraro for me mowing nuisance auaternenu, action from Defendants Oneka Lake Townhomes, LLC, Cross Country City Clerk Holdings, LLC, and Michael B. Nightingale, as prescribed in said Order, the (1) Snow, ice, or rubbish removal from sidewalks; undersigned Sheriff of Washington County will sell at public auction, to the Published in Stillwater Gazette on March 1st and March 8th 2013. highest bidder, for cash, on Friday, April 5, 2013, at 10:00 a.m. at the (2) Weed elimination from streets or private property; Washington County Sheriff's Department, 15015 62nd St. N., Stillwater, (Mar. 1 & 8, 2013) Project 2013 -02 MN 55082, the real property in said Order legally described as: (3) Removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Lot 16, Block 1, Forest Heights, according to the recorded plat thereof on City Of Oak Park Heights Minnesota Statutes, Sections 463.15 through 463.26, as amended; file and of record in the Office of the County Recorder, Washington County, (Official Publication) Minnesota, and commonly known as 219 Park Ave., Mahtomedi, MN (4) Installation or repair of water service lines; 55115 (PIN: 29- 030 -21 -23 -0024) (hereinafter the "Premises") - CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA (5) Trimming and care of trees; together with (1) all buildings and improvements now or hereafter located ORDNANCE NO. 2013 - 401 - 02 on the Premises (the "Improvements "), (ii) all of the estate, right, title or AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE (6) Treatment and removal of insect infested or diseased trees on private demand of any nature whatsoever of Michael 8. Nightingale and Pam S. TO DEFINE ANIMAL CARE SERVICES AND TO ALLOW ANIMAL property, and Nightingale (together, the "Mortgagor ") either in law equity, in possession CARE SERVICES AS AN ACCESSORY USE WITH A YEARLY the repair of sidewalks and alleys; or expectancy, in and to the Mortgaged Property as defined below, any ADMINISTRATIVE PERMIT WITHIN THE B -2 GENERAL BUSINESS part thereof (ii) all easements, rights of -way, gores of land, streets, ways, DISTRICT AND THE B -4 LIMITED BUSINESS DISTRICT (7) Operation and maintenance of a fire protection system; alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tene- THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: (8) Nonpayment of charges for inspections relating to a municipal housing meets, hereditaments, and appurtenances of any nature whatsoever, in maintenance code violation; or - any way belonging. relating or pertaining to the Mortgaged Property SECTION 1. Section 401.02.B. Definitions of the Zoning Ordinance is (including, without limitation, any and all development rights, air rights or hereby amended to add the following definition: (9) Recovery of delinquent vacant building registration fees under any pro - similar or comparable rights of any nature whatsoever now or hereafter gram designed or enacted by the City to identify and register vacant build - appurtenant to the Premises now or hereafter transferred to the Premises) Animal Care Services: A business established for animal daycare, ings. and all and lying in the bed of any street, road or avenue, opened or pro- grooming and other related services, and limited overnight boarding of posed, in front of or adjoining the Premises to the center line thereof, Qv) animals. B. Emergency Abatement by Enforcing Off ial. The enforcing official may all awards or payments, including Interest thereon and the right to receive cause any nuisance that is a present or immediate danger to public health the same which may be made with respect to the Mortgaged Property, SECTION 2. Section 401.30.D. Accessory Uses, of the B -2 General or safety to be contacted by public or private means without notice to whether from the exercise of the right of eminent domain (including any Business District of the Oak Park Heights Zoning Ordinance is hereby the owner .and, for the nuisances enumerated in subparagraph (a), the transfer made in lieu of the exercise of said right) or for any other injury to added to read as follows: city may collect any and all unpaid special charges derived from the cost or decrease in the value of the Mortgaged Property, (v) all leases and other of the nuisance abatement work plus administrative fees as a special agreements affecting the use or occupancy of the Mortgaged Property 401.30.0. Accessory Uses. assessment now or hereafter entered into (hereinafter referred to as the Leases) and the right to receive and apply the rents, issues and profits of the Mortgaged 4. Animal care services to include daycare, grooming and other related C. Civil Action. The owner of the premises on which a nuisance has been Property (hereinafter referred to as the Rents) to the payment of the services, and limited overnight boarding of animals as a yeary abated by the city shall be personally liable for the costs incurred by the Obligations (vii) at proceeds of and any uneamed premiums on any incur- administrative permit subject to review and approval of the Zoning city to abate the nuisance, including administrative costs. As soon as the once policies (collectively hereinafter referred to as the Policies) covering Administrator and subject to the following conditions: nuisance abatement work has been completed and the costs determined, the Mortgaged Property, including, without limitation, the right to receive the city clerk or other official designated by the city council shall prepare a and apply the proceeds of any insurance, judgments, or settlements made a. Overnight boarding of an animal shall be limited to no more than four- bill for the costs due and mail it to the owner. Such amount shall be imme- in lieu thereof for damage to the Mortgaged Property (vi) the right in the teen consecutive nights. dietely due and payable at the office of the city clerk. If the bill remains name and on behalf of the Borrower, to appear in and defend any action or unpaid, the city clerk may commence a civil action to collect said bill, or proceeding brought with respect to the Mortgaged Property and to com- b. Adequate analysis and provisions are made to resolve issues related undertake the process described in subparagraph (a). If undertaken as a mence any action or proceeding to protect the interest of Plaintiff in the to provision of water and electricity to the site and the demand for City special assessment process, the bit provided to the owner may take the Mortgaged Property and (vii) all proceeds of each of the foregoing (all of services. No use shall be allowed that will exceed the City's ability to pro- form of mailed notice of the special assessment under Minnesota Statutes, the foregoing, together with the Premises, the "Mortgaged Property"). vide utility, police, fire, administrative or other services to the site. Chapter 429, as amended. PART OF THE PROPERTY TO BE SOLD CONTAINS YOUR HOUSE. YOU c. The facility shall not be open to the public between the hours of 10:00 Section 2. Effective Date. This Ordinance shall be in full force and effect MAY DESIGNATE THE AREA OF A HOMESTEAD TO BE SOLD AND PM and 5:00 AM unless otherwise allowed by formal action of the City from and after its passage and publication according to law. REDEEMED SEPARATELY. Council. Adopted by the City Council for the Cry of Oak Park Heights this 26th day YOU MAY DESIGNATE THE HOUSE YOU OCCUPY AND ANY AMOUNT d. Provisions are made to control and reduce noise m accordance with of February, 2013. OF THE PROPERTY AS A HOMESTEAD. THE DESIGNATED HOMESTEAD Section 401.15.B.11 of this Ordinance. Animal noise shall not create PROPERTY MUST CONFORM TO THE LOCAL ZONING ORDINANCES issues for adjacent properties or for tenants within a multi tenant building. /s /Mary McComber AND BE COMPACT SO THAT IT DOES NOT UNREASONABLY REDUCE Mary McComber, Mayor THE VALUE OF THE REMAINING PROPERTY. - e. All animal waste shall be immediately disposed of in sealed containers and removed from the she on a regular basis so as not to create issues ATTEST: • YOU MUST PROVIDE THE CREDITOR CAUSING THIS PROPERTY TO BE with odor. Odor from the business shall not create issues for adjacent SOLD, THE SHERIFF AND THE COUNTY RECORDER WITH A (5OPY OF properties or for tenants within a multi tenant building. /s/ Eric Johnson THE LEGAL DESCRIPTION OF THE HOMESTEAD YOU HAVE DESIGNAT- Erb Johnson, City Administrator - ED BY TEN BUSINESS DAYS BEFORE THE DATE T116 PROPERTY IS TO f. Animals shall be leashed at all times they are outside of the building. BE SOLD. (Mar. 1, 2013) Ordinance 2013 - 1109 -03 g. The owner of the properly most additionally approve the placement of Dated this 6 day of February, 2013 the facilities by co- signing any required application; if such vendor is not directly related to the owner, the owner shall also be subject to additional City of Stillwater WILLIAM M. HUTTON enforcement actions should the vendor not comply with requirements (Official Publication) Sheriff of Washington County herein or within this Ordinance. NOTICE OF PUBLIC HEARING /s/ William M. Hutton h. The City may revoke the Animal Care Services Permit at anytime should An Amendment to a Special Use Permit the operations become a public nuisance or hazard as defined by the Gty. By: /s/ Bradley R. Marquardt Notice is hereby given that the Planning Commission of the City of Deputy Sheriff i. All signing and informational or visual communication devices shall be Stillwater, Minnesota, will meet on Monday, March 11, 2013, at 7 p.m. in minimized and shall be in compliance with Section 401.15.G of this the Council Chambers at Stillwater City Hall, 216 North Fourth Street, and DRAFTED BY: Ordinance. the Stillwater City Council will meet on Tuesday, March 19, 2013 at 7 p.m., Nilsson Brandt, PA., in the Council Chambers at Stillwater City Hall, 216 North Fourth Street to 900 Flour Exchange Building j. The provisions of Section 401.03.A.7 of this Ordinance are considered consider a request from Aspire Development, representing The Freight 310 Fourth Ave. So. - and satisfactorily met. House, for an amendment to an existing special use permit for the addition Minneapolis, MN 55415 of a exterior bar with a roof structure at the caboose located at 305 Water PLAINTIFF'S ATTORNEY SECTION 3. Section 401.301.D. Accessory Uses, of the B -4 Limited Street South in the CBD, 000001 Business District and any variances relat- Business District of the Oak Park Heights Zoning Ordinance is hereby ed thereto. Case No. 2013 -05. (Feb. 8,15,22, M. 1,8,15, 2013) Charter Bank EC /Oneka amended to read as follows: All persons wishing to be heard with reference to this request will be heard City of Stillwater 401.301.0 Accessory Uses. at this meeting. (Official Publication) 4. Animal care services to include daycare, grooming and other related Bill Tumbled services, and limited overnight boarding of animals as a yearly administra- Community Development Director NOTICE OF PUBLIC HEARING FOR five permit subject to review and approval of the Zoning Administrator and COUNTY ROAD IMPROVEMENTS subject to the following conditions: (Mar. 1, 2013) Case No. 2013 -05 PROJECT 2013 -04 a. Ovemight boarding of an animal shall be limited to no more than four - February 28, 2013 - teen consecutive nights. Town of West Lakeland (Official Publication) Notice is hereby given that the City Council of Stillwater, Washington b. Adequate analysis and provisions are made to resolve issues related to - County, Minnesota, will meet in the Council Chambers of the Stillwater City provision of water and electricity to the site and the demand for City serv- Town of West Lakeland Hal, 216 N 4th Street Stillwater, MN 55082 at 7:00 p.m. or as soon as pos- ices. No use shall be allowed that will exceed the City's ability to provide Washington County, Minnesota sible thereafter, on Tuesday, March 19, 2013, to consider the street and utility, police, fire, administrative or other services to Inc site. sidewalk improvements. PLEASE TAKE NOTICE that there will be a public accuracy test of the c. The facility shall not be open to the public between the hours of 10:00 Accuvote tabulator and Automark on the ballot to be used for the upc0m The area proposed to be assessed for such improvement is properties PM and 5:00 AM unless otherwise allowed by formal action of the City ing annual Town Board election Tuesday, March 12, 2013. This test will abutting Orleans Street from Fourth Avenue South to Fourth Street South. Council. take place on Wednesday, March 6, 2013 from 10 -10:30 a.m. at the office The estimated cost of the improvements is $39.479. A reasonable esti- of the Town Clerk, 13520 Greenwood Trail, Stillwater. mate of the impact of the assessment will be available at the hearing. 9. Provisions are made to control and reduce noise in accordance with Such persons as desire to be heard with reference to the proposed Section 401.15.8.11 of this Ordinance. Animal noise shall not create My questions, please call Clerk Sue Agrimson at 651- 436 -4773. improvement will be heard at this meeting. issues for adjacent properties or for tenants within a multi tenant building. Dated this 28th day of February, 2013 Diane Ward e. All animal waste shall be immediately disposed of in sealed containers City Clerk and removed from the site on a regular basis so as not to create issues BY ORDER OF THE TOWN BOARD with odor. Odor from the business shall not create issues for adjacent Published in Stillwater Gazette on March 1st and March 8th 2013. properties or for tenants within a multi tenant building. /s/ Susan Agrimson Susan Agrimson (Mar. 1 & 8, 2013) Project 2013 -04 1. Animals shall be leashed at all times they are outside of the building. Town Clerk g. The owner of the property must additionally approve the placement of (Mar. 1, 2013) Public Accuracy Test Public Notice of Auction the facilities by co- signing any required application; if such vendor is not (Official Publication) directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements City of Stillwater NOTICE IS HEREBY GIVEN: herein or within this Ordinance. (Official Publication) That the personal property described as follows, to -wit: h. The City may revoke the Animal Care Services Permit at anytime should NOTICE OF MEETING OF THE STILLWATER Homemade 36 foot Boat the operations become a public nuisance or hazard as defined by the City. CITY CHARTER COMMISSION Named "No Cents" 7:00 P.M., MONDAY, APRIL 15, 2013 i. All signing and informational or visual communication devices shall be Will be sold at public auction by the Washington County Sheriffs minimized and shall be in compliance with Section 401.15.G of this NOTICE IS HEREBY GIVEN there will be a Special Meeting of the Stillwater Department on the 29th day of April, year 2013 at 10 o'clock A.M. at Afton Ordinance. City Council at 7:00 P.M., MONDAY APRIL 15, 2013. The meeting will take Marina and Yacht Club in the City of Afton, County of Washington, State of place in Inc Council Chambers of City Hall, 218 4th Street N., Stillwater, Minnesota, to pay and satisfy lien which is claimed to be due thereon from 6 The provisions of Section 401.03.A.7 of this Ordinance am considered MN. Do not hesitate to contact Inc City Clerk's Office (651) 430 -8800 if Eric Rogness as the owners thereof to Afton Marina and Yacht Club in the and satisfactorily met. you have any questions or need further information. sum of Two Thousand seven hundred forty six and 72/100 ($2746.72) Dollars computed to the day of sale, exclusive of expenses and advertis- SECTION 4. The Planning Commission of the City of Oak Park Heights Date: APRIL 1, 2013 ing of said sale, together with the necessary expenses and advertising of held a public hearing at their February 14, 2013 meeting, took comments conducting said sale. The grounds of said lien are as follows: from the public, and recommended that the City Council approve the Signed: /s/ Diane Ward amendments as provided in this Ordinance. Diane Ward, City Clerk Charges for storage, care and repair made to said watercraft for its prawn - vation, care and enhancement to value. SECTION 5. This Ordinance shall be in full force and effect upon its pas- PUBLISHED: Moran 1, 2013 sage and publication. POSTED: Wednesday, February 28, 2013 Dated February 21, 2013 PASSED this 26nd day of February, 2013 by the City Council of the City of (Mar. 1, 2013) April 15 Meeting Afton Marina and Yacht Club Oak Park Heights. By Barry A Orso CITY OF OAK PARK HEIGHTS Legal Notices Continued on Next Page By A Orso Bookkeeper /s/ 16071 31st Street South Mary McComber, Mayor Legal Notice Pl blication Po box 67 ATTEST: `egal Afton, MN 55001 Deadlines and Contact Information Phone (651)436 -4884 /s/ Eric A Johnson, City Administrator Legal notices are published On Wednesday, (Feb. 22, Mar. 1,8, 2013) Rogness Auction Thursday and Friday Of each week. (Mar. 1, 2013) Ordinance 2013 - 401 -02