HomeMy WebLinkAbout12-10-13 City Council Packet (2) CITY OF OAK PARK HEIGHTS
WEDNESDAY, DECEMBER 10, 2013
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m. I. Call to Order/Pledgc of All of Agenda
Estimated
times
7:00 p.m. 11. Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Liljegren.
D. Councilmember Runk
E. Councilmember Swenson
F. Staff
• Recycling Award (1)
7:05 p.m. Ill. Visitors/Public Comment
A. Jon Chiglo, M U DOT— St. Croix River Crossing Update
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
7:10 p.m. IV. Consent Agenda(Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—November 26, 2013 (2)
C. Approve 2014 Area Charge for Connection to Water, Sewer, and Storm Sewer
Systems (3)
D. Approve 2014 Cab Licenses for F.D.S. Enterprises DBA A Taxi/Stillwater Taxi
(4)
E. Adopt Resolution for 2014 Liquor, Tobacco, and Amusement License Renewals
(5)
F. Approve Home Occupation Permit Renewals for 2014 (6)
7:10 p.m. V. Public Hearings
A. Truth-in-Taxation Hearing--2014 Budget Presentation (7)
B. Consider Amendment to City Ord. 401.15 M—Home Occupation (8)
C. Conditional Use Permit—Home Occupations In-Home Hair Salon at 13930 55th
Street N. (9)
7:45 p.m. VI. Old Business
A. 2014 City Council Meeting Dates (10)
7:50 p.m. VII. New Business
A. Designate December 9, 2014 as Tentative TNT Hearing Date (11)
B. 2013 Water and Sewer Rate Study and Resolution (12)
Page 1 of 148
Agenda
December 10,2013
Page 2
C. Resolution Approving the 2014 Budget (13)
D. Resolution Approving the 2014 Tax Levy (14)
E. City Code of Ordinances—Update CC 102 Master Fee Schedule (15)
F. St. Croix River Crossing Project—Parcel 85—Temp. Easement (16)
G. Approve Developer's Agreement--Oakgreen Senior Living Phase 1I1 (17)
H. Set Date, Time, and Location for 2014 Party in the Park(18)
1. City Council Appointments—2014 (19)
8:20 p.m. VIII. Other Council Items or Announcements
8:25 p.m. IX. Closed Session
A, Labor Negotiations (closed pursuant to MN Stat. 13.D.03)
8:45 p.m. IX. Adjournment
Page 2 of 148
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Oak Park Heights
Request for Council Action I
Meeting Date December 10, 2013
Agenda Item Recycling Award
Time Red. 0
Agenda Placement Staff Retorts
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signs re
Action Requested Receive Infonnation
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised),
See Attached.
Page 3 of 148
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PCity 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 b, 2013
Carol Heitman
5831 Oakgreen Court North
Oak Park Heights, MN 55082
Dear Carol:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and/or smoke detector(s).
Your residence was checked on Thursday, December 5, 2013, to determine if
you had your recycling bin out with your regular garbage. Your recycling was
out and ready for collection; therefore, you are one of this month's winners.
Please contact me at 439-4439 to let me know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulations!
i
nifer Pinski
Deputy Clerk
TREE CITY U.S.A.
Page 4 of 148
Oak Park Heights
Request for Council Action 2
Meeting Date December 10, 2013
Agenda Item Approve City Council Minutes—November 2G, 2013
Time Req. 0
Agenda Placement Consent
Originating Department/Requester Administration/Jennifer Pinski
w `t
Requester's Signature`
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 5 of 148
CITY OF OAK PARK HEIGHTS
TUESDAY, NOVEMBER 26, 2013
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 7:00 p.m. Present: Councilmembers Dougherty,
LiIjegren, Runk, and Swenson. Staff present: City Administrator Johnson, City
Attorney Vierling, City Engineer Long, and Public Works Director Kegley.
Absent: City Planner Richards.
Mayor McComber added "Authorize Staff to Make Contact with MNDOT on Use
of HPP Funding for Frontage Roads"to Consent Agenda as Item D., "Approve
Surmountable Curbs for Street Reconstruction Except Where Engineer Deems it
Necessary for Barrier Curbing" to Consent Agenda as Item E., and"Approve
Spring and Fall Clean.-up Dates"to Consent Agenda as Item F.
Councilmember Swenson, seconded by Councilmember Liljegren, moved to
approve the Agenda as amended. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported that the Parks Commission's next
meeting was set for December 16 at 7:00 p.m. She also reported that she
was elected as the First-Vice-President of Women in Municipal
Government.
B. Councilmember Dou ert y: He reported that he attended the Middle St.
Croix Watershed Management Organization meeting on November 14 and
the Convention and Visitor's Bureau meeting on November 13. He
reported that the next meeting of the Convention and Visitor's Bureau was
set for December 11 from 5:00 p.m.—6:30 p.m. and all council was
invited.
C. Councilmember Lil j e-gren: No report.
D. Councilmember Runk: He reported that the Planning Commission's last
meeting was November 14 and the next meeting was set for December 12.
E. Councilmember Swenson: He reported that Santa Claus would be in Oak
Park Heights on November 29. He requested residents contact Oak Park
Heights City Hall if they had any special requests for Santa to visit.
F. Staff. Deputy City Clerk Pinski reported that Patricia Henning of 5676
Osgood Avenue North and David and Monique Vernon of 14564 Upper
56`h Street North were chosen as the recycling award winners for the
month of November.
Page 6 of 148
City Council Meeting Minutes
November 26, 2013
Page 2 of 4
III. k1sitors/Public Comment:
None
TV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes—November 6, 2013
C. Approve Fiscal Year 2014-2015 Budget for Central St. Croix Valley Joint
Cable Commission and Valley Access Channels
D. Authorize Staff to Make Contact with MNDOT on Use of HPP Funding
for Frontage Roads
E. Approve Surmountable Curbs for Street Reconstruction Except Where
Engineer Deems it Necessary for Barrier Curbing
F. Approve Spring and Fall Clean-up Dates
Councilmember Runk, seconded by Councilrember Swenson, moved to approve
the Consent Agenda. Roll call vote taken. Carried 5-0.
N.T. Public Hearings:
A_ Wellhead Protection Plan—Part 2: Mayor McComber opened the Public
Hearing. City Engineer Long reviewed the plan. No public comments
were made.
Councilmember Swenson, seconded by Councilmember Runkle, moved to
close the Public Hearing. Carried 5-0.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
approve the plan. Carried 5-0.
VI. Old Business:
A. St. Croix River Crossing Update:No report.
B. Approve MNDOT—City Maintenance Agreement for Peabody Ave
(MNDOT Agreement #04210): Councilmelriber S%venson, seconded by
Councilmember Dougherty, moved to approve MNDOT Agreement No.
04210. Roll call vote taken. Carried 5-0.
VII. New Business:
A. Consider Amendment to City Ord. 401.15 M--Home Occupation: Mayor
McComber, seconded by Councilmember Swenson, moved to send this
item to the Planning Commission for recommendation,but if it was
Page 7 of 148
City Council Meeting Minutes
November 26, 2013
Page 3 of 4
feasible, to have the Public Hearing before the City Council at their
December 10 meeting. Carried 5-0.
B. Application for Club on Sale Retail Liquor License fi•om Greeder-.Hinds-
Comfort Post 323 d/b/a VFW Post 323: Councilmember Swenson,
seconded by Councilmember Liljegren, moved to approve the license with
the caveat that the City receive a copy of the building lease. Carried 5-0.
C. 2014-Cily Council Meeting Dates: Mayor McComber, seconded by
Councilmember Swenson, moved to table to the next City Council
meeting. Carried 5-0.
D. Consider Resolution on SCRCP— Vibrations and Noise Mitigations:
Councilmember Runk, seconded by Councilmember Liljegren, moved to
approve the Resolution. Roll call vote taken. Carried 5-0.
E. Resolution Requesting the Installation of a Barrier System Along STH 95
—Along Pickett Pond: Mayor McComber stated that she would like a
barrier on the Pickett Avenue side as well. She suggested the Resolution
be sent to both MNDCT and Washington County.
Councilmember Swenson, seconded by Mayor McComber, moved to
approve the Resolution with the inclusion of the Pickett Avenue side. Roll
call vote taken. Carried 5-0.
F. St. Croix River Crossing Coalition —Remaining Funds/Future Actions:
Councilmember Runk moved to request a report of how funds were
expended and to seek a refund of unused funds. Motion failed per lack of
a second.
The City Council directed staff to send a letter requesting a copy of the
budget.
VIII. Other Council Items or Announcements
None
IX. Closed Session
A. Labor Negotiations (closed pursuant to MN Stat. 13.D.03): City Attorney
Vierling reported that the City Council would go into closed session, that
the meeting would be recorded, and that the recording would be
maintained for a period of two years as required by statrIte.
Councilmember Liljegren, seconded by Councilmember Runk, moved to
go into closed session. Carried 5-0.
Page 8 of 148
City Council Meeting Minutes
November 26, 2013
Page 4 of 4
The City Council reconvened the regular meeting. City Attorney Vierling
reported that the City Council was advised by the City Administrator on
various issues relating to labor negotiations and that no action was
requested nor taken.
X. Adjournment
Councilmember Swenson, seconded by Councilmember Runk, moved to adjourn
at 8:41 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
Deputy Clerk Mayor
Page 9 of 148
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Page 10 of 148
Oak Park Heights
Request for Council Action 3
Meeting Date December 10 2013
Agenda Item Title A
�pyrove 2014 Area Charge for Connection to Water Sewer and Storm Sewer
Systems Time Required
Agenda Placement Consent
Originating Depa.rtment/Requestor_Finance Betty Caruso, Finance Director
Requester's Signature
Action Requested Approve Resolution for 2014 Area Charge for Connections to Municipal, Water
Systems, Sanitary Sewer Systems and Storm Sewer Systems
Background/Justification(Please indicate any previous action, financial implications including budget
information and recommendations).
The City Engineer has calculated the City's utility area charges for 2014 and is recommending a 3.3%
increase in the area charges for water, sanitary sewer, and storm sewer. This increase percentage is
based on the Construction Cost Index.
I recommend approval of the area charges for sanitary sewer, water main, storm sewer and TSMP area
storm sewer as of January 1, 2013 per the attached recommendation from the City Engineer.
NOTE: These amounts are included in the City Fee Schedule that the Council has for adoption on
12/10/13.
Page 11 of 148
RESOLUTION NO. 13-
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING AREA CHARGES
THROUGHOUT THE CITY OF OAK PARK HEIGHTS
FOR CONNECTIONS TO MUNICIPAL WATER SYSTEMS,
SANITARY SEWER SYSTEMS AND STORM SEWER SYSTEMS
WHEREAS, Minn. Stat. §444.075, Subd. 3 authorizes municipalities to establish a
system of charges for the construction, reconstruction, repair, enlargement, improvement or other
obtainment, maintenance operation and use of municipal facilities, including, but not limited to
charges for connections to such municipal facilities for municipal water, sanitary sewer, and stone
sewer; and,
WHEREAS, City ordinances provide for the Council to establish from time to time
area charges to be collected for properties developing in and connecting to the municipal water,
sanitary sewer and storm sewer systems;and,
WHEREAS,the City has historically established and collected area charges; and,
WHEREAS, area charges established by the City of Oak Park Heights require
modification and amendment from time to time; and,
WHEREAS, the office of the City Engineer has provided recommendations to the
City Council as it affects the establishment of area charges throughout the City of Oak Park Heights
as it relates to connection to trunk sanitary sewer systems, trunk water systems and trunk storm
sewer systems; and,
WHEREAS,the City Council determines it to be in the best interest of the residents
and City of Oak Park Heights that such fees be periodically reviewed and adjusted to take into
account cost of construction and replacement and systems, cost of maintenance operation and other
expenses that the City expects to incur with regard to the maintenance of such systems.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of
Oak Park Heights that effective January 1, 2014 city area charges to be applied throughout the City
of Oak Park Heights for properties developing or connecting to municipal utilities shall be as
follows:
1. Sanitary sewer area charge as follows:
Commercial/Industrial&Retail Business Centers- $2,367.00 per acre.
Low Density Residential - $2,257.00 per acre.
Medium Density Residential - $3,011.00 per acre.
High Density Residential - $5,268.00 per acre.
Page 12 of 148
2. Municipal water area charge as follows:
CommerciaMridustrial &Retail Business Centers - $12,301.00 per acre.
Low Density Residential - $11,736.00 per acre.
Medium Density Residential - $15,646.00 per acre.
High Density Residential - $27,3 83.00 per acre.
3. Storm sewer area charges in the sections of the city located within the Valley
Branch Watershed District and the Middle St. Croix Valley Water
Management Organization as follows:
CommercialClndustrial&Retail Business Centers -$1,918.00 per acre.
Low Density Residential - $1,056.00 per acre.
Medium Density Residential - $1,531.00 per acre.
High Density Residential - $1,918.00 per acre.
And additional TSMP storm sewer area charges in the areas of the city
located in the Browns Creek Watershed District however excepting the areas
located West of Trunk Highway 5, South of Trunk Highway 36 and north of
55th Street as follows:
Commercial/Industrial&Retail Business Centers - $8,947.00 per acre.
Low Density Residential - $8,805.00 per acre.
Medium Density Residential- $8,560.00 per acre_
High Density Residential - $8,947.00 per acre.
BE IT FURTHER RESOLVED, that as to the determination of land use and
computation of acreage as it affects each development or connection related to the collection of
these fees, all such determinations/computations shall be made through the office of the City
Engineer with all such fees being thereafter collected through the office of the City Administrator.
No connection shall be made to any municipal utility system until such time as the area fees as
calculated and determined by the office of the City Engineer have been collected.
Passed by the City Council for the City of (yak Park Heights this 10th day of
December, 2013.
Mary McComber,Mayor
ATTEST:
Eric Johnson
City Administrator
Page 13 of 148
Stantec Consulting Services Inc.
2335 Highway 36 West
St. Paul MN 55113
Tel: (651 J 636-4600
4 Sta 1�1 e�teC Fox: (651} 636-1311
November 15, 2013
File: 193801823
Attention: Eric Johnson
City of Oak Park Heights
14168 Oak Park Blvd. N.
P.O. Box 2007
Oak Park Heights, MN 55082
Reference: Utility Area Charges
Dear Eric,
The City has established a system of area charges to assist in financing trunk utility
improvements. These charges need to be adjusted from time to time to recover
additional costs incurred as a result of inflation, capitalized interest, or revisions/updates
to trunk facilities. The table on the following page is a tabulation of the current area
charges and those proposed for development initiated after January 1, 2014.
Adjustments to the City's utility area charges are tied to the national Construction Cost
Index (CCI), which is a benchmark of the current cost of materials and labor in the
construction industry. The City's utility area charges were last updated in November 2012.
Since that time, the CCI has increased 3.3%, which is the current increase we are
recommending to the City's area charges.
If you have any questions or require further information please call me at (651)604-4808.
Regards,
STANTEC CONSULTING SERVICES INC.
Christopher W. Long, P.E.
c. Betty Caruso, Julie Hultman - City of Oak Park Heights, Mark Vierling - City Attorney;
Mark Hanson, Jason Petersen, Brad Reifsteck-Stantec.
Design v:lri camrnur�oy in rn1r113
Page 14 of 148
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Page 15 of 148
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Page 16 of 148
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Oak Park Heights
Request for Council Action 4
Meeting Date December 10, 2013
Agenda Item Approve 2014 Cab Licenses for F.D.S. Ente rises DBA A.Taxi/Stillwater Taxi
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signati> ee
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
I request adoption of the attached Resolution pending completion and passing of background
checks by the Police Dapartment.
F.D.S. Enterprises DBA A.Taxi/Stillwater Taxi has made application for renewal of their 2014
cab licenses. The license fee has been paid, the vehicle inspections have been completed, and
the Certificate of Insurance has been received. I recommend approval of the application.
Page 17 of 148
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Page 18 of 148
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WI.
Oak Park Heights
Request for Council Action 5
Meeting Date December 10, 2013
Agenda Item Adopt Resolution for 2014 Liquor, Tobacco, and Amusement License Renewals
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor dm stration/Jennifer Pinski
Requester's Signatur
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if otlie•public
bodies have been advised).
I request adoption of the attached Resolution pending completion and passing of background
checks by the Police Dapartment.
Page 19 of 148
CITY OF OAK PARK HEIGHTS
RESOLUTION 13-12-53
A RESOLUTION APPROVING PROPOSED ANNUAL
LIQUOR, TOBACCO,AND AMUSEMENT LICENSES
WHEREAS, the City Council for the City of Oak Park Heights has received applications
for the year 2014 liquor, tobacco, and amusement licenses from businesses located within the
City limits.
NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Oak
Park Heights that the licenses outlined in Exhibit A are hereby approved.
Passed by the City Council of Oak Park Heights this 1 0th day of December, 2013
Mary McComber
Mayor
Attest:
Eric A. Johnson
City Administrator
Page 20 of 148
EXHIBIT A
CITY OF OAK PARK HEIGHTS
2014 LICENSES
Off-Sale Liquor Licenses
Kowalski Companies Inc. dba Kowalski's Market
LaPaiao Companies LLC dba Liquor Time
Millennium Projects LLC dba Oaks Wine
Wal-Mart Stores, Inc. dba Wal-Mart Store#1861
On-Sale Liquor Licenses
Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar
Blazin Wings Inc. dba Buffalo Wind Wings Grill &Bar
Dailey Incorporated dba Carbon's Pizzeria& Pub
Phil's Tara Hideaway Inc. dba Club Tara Hideaway
Stillwater Eagles Aerie 94 dba Stillwater Eagles
RT Minneapolis Franchise, LLC., dba Ruby Tuesday
Letru Inc. dba Stillwater Bowl & Lounge
On-Sale Sunday Liquor Licenses
Apple Minnesota LLC dba Applebee's Neighborhood Grill &Bar
Blazin Wings Inc. dba Buffalo Wind Wings Grill & Bar
Dailey Incorporated dba Carbons Pizzeria& Pub
Phil's Tara Hideaway Inc. dba Club Tara Hideaway
Stillwater Eagles Aerie 94 dba Stillwater Eagles
RT Minneapolis Franchise, LLC, dba Ruby Tuesday
Letru Inc. dba Stillwater Bowl & Lounge
On-Sale Wine License
Chipotle Mexican Grill of Colorado LLC dba Chipotle Mexican Grill
Tan's, Inc. dba Golden Crown Restaurant.
The Noodle Shop, Co. —Colorado, Inc. dba Noodles & Company
On-Sale Non-Intoxicating Liquor License
Chipotle Mexican Grill of Colorado LLC dba Chipotle Mexican Grill
Tan's, Inc. dba Golden Crown Restaurant
The Noodle Shop, Co. — Colorado, Inc. dba Noodles & Company
Page 21 of 148
City of Oak Park Heights
2014 Licenses
Page 2
Off-Sale Nan-Intoxicating Liquor License
LaPalao Companies LLC dba Liquor Time
Northern Tier Retail LLC dba SuperAmerica#4549
Wal-Mart Stores Inc. dba Wal-Mart Supercenter#1861
Club Liquor License
VFW 323 dba Greeder-Hinds Comfort Post
Amusement Licenses
American Amusement Arcades for Stillwater Eagles Aerie#94
Letru Inc. dba Stillwater Bowl & Lounge
National Entertainment Network for Wal-Mart Store#1861
Tobacco Licenses
Croix Oil dba Croix Convenience Oak Park Heights
Holiday Stationstore#237
LaPalao Companies LLC dba Liquor Time
Millennium Projects LLC dba Oaks Wine
Northern Tier Retail LLC dba SuperAmerica#4549
Wal-Mart Stores, Inc. dba Wal-Mart Store#1861
Walgreens#06916
Page 22 of 148
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Oak Park Heights 6
Request for Council Action
Meeting Date December 10, 2013
Time Required: 1 minute
Agenda Item Title: 2014 Home Occupation Permit Renewals
Agenda Placement Consent
Originating Department/Requestor Administration/Julie Hultman
Requester's Signature
Action Requested Approve Home Occupation Permit Renewals for 2014
Background/Justification: (Please indicate if any previous action has been taken or if other public bodies have advised)
Home Occupation Permits require annual renewal.
The following individuals held Home Occupation Permits in 2013 and seek renewal for 2014:
1. Robin Anthony, Party On Stillwater Event Planning
2. David Belz, Valley Floral Co.
3. Lynn Foster— Piaon Lessons
4. Sharon Haynes, Beauty Salon
5. Rene'e Monpetite, Child Daycare
6. Mark Powell, Upholstery Services
7. Shaunee Olson, Child Daycare
Phyllis Smith also held a home occupation permit in 2013 for an alteration business at her home. I
have not received a response from her as to renewal as of yet and would ask your consideration to
include her renewal should she seek it for 2014.
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Page 24 of 148
P,. -
Oak Park Heights
Request for Council Action
Meeting Date December 10, 2013
Agenda Item Title Truth in Taxation—2014 Budget Presentation
Time Required 10 min
Agenda Placement Public Hearin,
Originating Department/Requestor Finance-Betty Caruso Finance Director
Requester's Signature_
Action Requested Hold Public TNT Hearing for Taxpayers Comments and Information
Background/Justification (Please indicate any previous action, financial implications including budget
information and recommendations).
TNT Hearing Notices were mailed to taxpayers in the city on approximately November 19, 2013 giving
them notice of their proposed property taxes for 2014. The TNT hearing was scheduled for
December 10, 2013 7:00 p.m. City Hall, 14168 Oak Park Blvd. N., for public input and information.
The city council adopted a proposed budget $5,177,809 on September 10, 2013 and the information
given to the taxpayers is based on that budget. Changes to the budget can be made through
adoption, however the Council cannot make changes to exceed this preliminary amount.
Action Request
Hold the Public Hearing
Page 25 of 148
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Page 26 of 148
Oak Park Heights
Request for Council Action 8
Meeting Date December 10th, 2013
Time Required: 5 Minutes
Agenda.Item Title: Consider Amendment to City Ord. 401.15 M - Home-Occupations
Agenda Placement Public l learings.
Originating Department/Re est de J son Ci Administrator
Requester's Signature_ �V
Action Requested See be.lo
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
As discussed by the City Council on November 26`t, the Council was amenable to consider an
amendment to City Ord. 4014.15 M as it relates to Horne Occupations, specifically 401.15 M 3
C.
The Council had discussed the possibility of expediting this process so that a subsequent
applicant for a Home Occupation Permit would have standing to seek such permit and apply for
review. As such the Council desired to hold the public Bearing (not the Planning Commission)
and take action on the matter the same evening; For both the amendment and the Permit.
Staff did error as this ordinance amendment, because it is a zoning code amendment must have a
public hearing and be brought before the Planning Commission. Because the hearing dates were
changed, at this juncture the City Council should open the public Bearing, take comments ON
THE PROPOSED ORDINANCE AMENDMENT, if any and then continue the hearing by the
Planning Commission on Dec. 12th.
At the Dec 12th Planning Commission, the Commission may perform its standard review and
offer a recommending resolution for the Council to consider on Dec 26 h for final adoption if
desired.
Enclosures:
1. Memo from the City Planner dated Dec 4t'2013
2. Proposed Ordinance Language Change 401.15 M 3 c
3. City Council resolution—(to be formally considered on Dec 26a)
4. Draft Planning Commission Resolution(to be considered on Dec 121`)
Page 27 of 148
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231_5840
Facsimile: 763.427.0520
TPC®rrPlanningCo.cam
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: December 4, 2013
RE: Oak Park Heights — Home Occupation Standards — Zoning
Ordinance Amendments
TPC FILE: 236.01 — 13.07
Background
As you are aware, Sarah Bell has proposed a home occupation for a cosmetology salon
at her residence located at 13930 55th Street North. The criteria within Section
401.15.M of the Zoning Ordinance specifies that this type of home occupation is a
Special Home Occupation requiring a conditional use permit. Ms. Bell has applied for
the conditional use permit and supplied the necessary fees and materials for the review.
In reviewing the Zoning Ordinance, Staff has noticed an issue in the language related to
requirements for Special Home Occupations. It does not allow for the general public to
come to the premises pertaining to the conduct of the home occupation. As a result,
clients could not come to Ms. Bell's house for services. This was not the original intent
of the Ordinance when it was amended in 1998. A Special Home Occupation was
created to allow a more intensive type of home business where the general public, on a
limited basis, could come to a residence. Because a Special Home Occupation
requires a conditional use permit, reasonable conditions can be placed on this type of
request so that there is no burden placed on the neighborhood.
The proposed change in language is found as attached.
Planning Commission/City Council Action
The Planning Commission and City Council should determine if the Special Home
Occupation section of the Zoning Ordinance should be changed to allow the public to
come to a residence for the purposes pertaining to the conduct of the home occupation.
A draft recommending resolution of the Planning Commission as well as an approval
City Council Ordinance has been provided as attached.
Page 28 of 148
December 4, 2013
401.15.M. Home Occupations.
1. Purpose. The purpose of this Section is to maintain the character and integrity
of residential areas and to provide a means through the establishment of specific
standards and procedures by which home occupations can be conducted in
residential neighborhoods without jeopardizing the health, safety and general
welfare of the surrounding neighborhood. In addition, this Section is intended to
provide a mechanism enabling the distinction between permitted home
occupations and special or customarily "more sensitive" home occupations, so
that permitted home occupations may be allowed through an administrative
process rather than a legislative hearing process.
2. Procedures and Permits.
2 a. Permitted Home Occupation. Any permitted home occupation as
defined in this Ordinance, and subject to the performance standards of
this Section, may be conducted solely within a single family detached
dwelling (excluding attached garage space and/or any accessory
structures). The permitted home occupation shall require a "permitted
home occupation permit". Such permits shall be issued subject to the
conditions of this Section, other applicable City Ordinances and State law.
This permit may be issued by the Zoning Administrator based upon proof
of compliance with the provisions of this Section. Application for the
"permitted home occupation permit" shall be accompanied by a fee as
adopted by the City Council. If the Zoning Administrator denies a
permitted home occupation permit to an applicant, the applicant may
appeal the decision to the City Council. The permit shall remain in force
and effect until such time as there has been a change in conditions or until
such time as the provisions of this Section have been breached. An
annual fee, as set by the City Council, will be charged to the applicant. At
such time as the City has reason to believe that either event has taken
place, a public hearing shall be held before the Planning Commission,
following the procedural provisions of a conditional use permit in Section
401.03 of this Ordinance. The City Council shall make a final decision on
whether or not the permit holder is entitled to the permit.
b. Special Home Occupation, Any home occupation which does not meet
the specific requirements for a permitted home occupation as defined in
this Section shall require a "special home occupation permit" which shall
be applied for reviewed and disposed on in accordance with the
procedural provisions of a conditional use permit found in Section 401.03
of this Ordinance.
C, Declaration of Conditions. The City Council may impose such
conditions on the granting of a special home occupation permit as may be
necessary to carry out the purpose and provisions of this Section.
1
Page 29 of 148
d. Transferability. Permits shall not run with the land and shall not be
transferable.
e. Lapse of Special Home Occupation Permit by Non-Use. Whenever
within one (1) year after granting a permit the use as permitted by the
permit shall not have been initiated, then such permit shall become null
and void unless a petition for extension of time in which to complete the
work has been granted by the City Council. Such extension shall be
requested in writing and filed with the Zoning Administrator at least thirty
(30) days before the expiration of the original permit. There shall be no
charge for the filing of such petition. The request for extension shall state
facts showing a good faith attempt to initiate the use. Such petition shall
be presented to the City Council for a decision.
2 f. Reconsideration. Whenever an application for a permit has been
considered and denied by the City Council, a similar application for a
permit affecting substantially the same property shall not be considered
again by the Planning Commission or City Council for at least six (6)
months from the date of its denial unless a decision to reconsider such
matters is made by not less than four-fifths (415) vote of the City Council.
3. Requirement-General Provisions. All home occupations shall comply with the
following general provisions and according to definition, the applicable
requirement provisions.
a. General Provisions.
1) No home occupation shall produce light, glare, noise, odor,
vibration, smoke, dust, heat, or hazardous or toxic material shall not
be produced, stored, or kept on the premises that will in any way
have an objectionable effect upon adjacent or nearby property.
2) No equipment shall be used in the home occupation which will
create electrical interference to surrounding properties.
3) Any home occupation shall be clearly incidental and secondary to
the residential use of the premises, should not change the
residential character thereof, and shall result in no incompatibility or
disturbance to the surrounding residential uses.
4) No home occupation shall require internal or external alterations or
involve construction features not customarily found in dwellings
except where required to comply with local and state fire and police
recommendations.
5) There shall be no exterior storage of equipment or materials used
in the home occupation, except personal automobiles used in the
home occupation may be parked on the site.
Page 30 of 148
6) The home occupation shall meet all applicable fire and building
codes.
12 7) All signing and informational or visual communication devices shall
be in compliance with Section 401.15.G of this Ordinance.
8) All home occupations shall comply with the provisions of the City
Code.
9) No home occupation shall be conducted between the hours of
10:00 pm. and 7:00 am. unless said occupation is contained
entirely within the principal building, excluding attached garage
space, and will not require any on-street parking facilities.
10) No commodity shall be sold on the premises.
11) Not over twenty-five (25) percent of any one story can be used for a
home occupation.
b. Requirements-Permitted Home Occupations.
1) No person other than those who customarily reside on the premises
shall be employed.
2) The general public shall not come to the premises in question for
purposes pertaining to the conduct of the home occupation.
3) All permitted home occupations shall be conducted entirely within
the principal dwelling, excluding attached garage space, and may
not be conducted in an accessory building.
C. Requirements-Special Home Occupation.
1) No person other than a resident shall conduct the home-
occupation. X
1 2) Special home occupations shall be limited to only those activities of
a non-residential nature which are specjie d by state
statute or regulation such as day cafe group urs"_ r which
comply with Sections a and b a ve (except for b.2), ut are
conducted entirely within the grin ipal building attached garage
space, or detached accessory buildin .
3) Special home occupations may be allowed to accommodate their
parking demand through utilization of on-street parking. In such
cases where on-street parking facilities are necessary, however,
the City Council shall maintain the right to establish the maximum
number when and where changing conditions require additional
review.
Page 31 of 148
4) The general public shall be permitted to come to the premises
in question for purposes pertaining to the conduct of the home
occupation.
4. Non-Conforming Use. Existing home occupations lawfully existing on the date
of this Ordinance may continue as non-conforming uses. They shall, however,
be required to obtain permits for their continued operation. Any existing home
occupation that is discontinued for a period of more than thirty (30) days, or is in
violation of the Ordinance provisions, under which it was initially established,
shall be brought into conformity with the provisions of this Section.
5. Inspection. The City of Oak Park Heights hereby reserves the right upon
issuing any home occupation permit to inspect the premises in which the
occupation is being conducted to insure compliance with the provisions of this
Section or any conditions additionally imposed.
4
Page 32 of 148
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2013- -
AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE, TO
ALLOW THE PUBLIC TO VISIT A RESIDENCE FOR THE PURPOSES
PERTAINING TO THE CONDUCT OF A SPECIAL HOME OCCUPATION
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.15.M.3.c Requirements — Special Home Occupation of
the Zoning Ordinance is hereby amended as follows:
C. Requirements-Special Home Occupation.
1) No person other than a resident shall conduct the home
occupation.
2) Special home occupations shall be limited to only those
activities of a non-residential nature which are specified as
allowed by state statute or regulation such as day care group
nursery or which comply with Sections a and b above
(except for b.2), but are conducted entirely within the
principal building, attached garage space, or detached
accessory building.
3) Special home occupations may be allowed to accommodate
their parking demand through utilization of on-street parking.
In such cases where on-street parking facilities are
necessary, however, the City Council shall maintain the right
to establish the maximum number when and where changing
conditions require additional review.
4) The general public shall be permitted to come to the
premises in question for purposes pertaining to the conduct
of the home occupation.
SECTION 2. The Planning Commission of the City of Oak Park Heights held a
public hearing at a December 10, 2013 meeting, took comments from the public,
and recommended that the City Council approve the amendments as provided in
this Ordinance.
SECTION 3. This Ordinance shall be in full force and effect upon its passage
and publication.
Page 33 of 148
PASSED this 10th day of December, 2013 by the City Council of the City
of Oak Park Heights.
CITY OF OAK PARK HEIGHTS
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 34 of 148
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL A ZONING
ORDINANCE AMENUMENT TO SECTION 401.15.M._'.c. TO
ALLOW THE PURL _' TO VISIT A RESIDENCE F�+E T HE
PURPOSES PERTAINI I°'� �' 3 THE CONDUCT OF A SPECIAL
HOME OCCUPATION
WHEREAS, City Staff requested that the Planning Commission consider an Ordinance
amendment to Section 401.15.M.3.c of the Zoning Ordinance to allow the public to visit
a residence for the purposes pertaining to the conduct of a special home occupation, and
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights makes the following findings of fact:
1. The Planning Commission has reviewed the Zoning Ordinance and has
determined that an amendment to Section 401.15.M.3.c of the Home Occupation
regulations related to allowing the public to visit a residence pertaining to the conduct of
a special home occupation is justified and follows the original intent of the Zoning
Ordinance; and
2. City Staff prepared draft Zoning Ordinance amendments which were
reviewed by the Planning Commission, and
3. The Planning Commission held a public hearing at a December 10, 2013
meeting,took comments from the public and recommended amendments to the Zoning
Ordinance as found as follows; and
4. Section 401.15.M.3.c of the Home Occupation regulations of the Zoning
Ordinance, is recommended to be amended to include the following. The proposed
language is found in bold print:
C. Requirements-Special Home Occupation.
1) No person other than a resident shall conduct the home occupation.
2) Special home occupations shall be limited to only those activities
of a non-residential nature which are specified as allowed by state
statute or regulation such as day care group nursery or which
Page 35 of 148
comply with Sections a and b above (except for b.2), but are
conducted entirely within the principal building, attached garage
space, or detached accessory building.
3} Special home occupations may be allowed to accommodate their
parking demand through utilization of on-street parking. In such
cases where on-street parking facilities are necessary, however, the
City Council shall maintain the right to establish the maximum
number when and where changing conditions require additional
review.
4) The general ptoblic shall be permitted to come to the premises
in que4 —on i'or purposes pertaining to the conduct of the home
occupation.
NOW,THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE C'1_1"V Oa; OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RLCOMMLNDS THE FOLLOWING:
A. The Zoning Ordinance is amended to allow the public to visit a residence
for the purposes pertaining to the conduct of a special home occupation
specified above; and
B. Copies of the recommended Zoning Ordinance amendment are on file at
City Hall.
Recommended by the Planning Commission of the City of Oak Park Heights this 10th
day of December 2013.
Jennifer Bye, Chair
ATTEST:
Eric A. Johnson, City Administrator
2
Page 36 of 148
d
Oak Park Heights
Request for Council Action 9
Meeting Date December 10th, 2013_
Time Required: 5 Minutes
Agenda Item Title: Conditional Use Permit—Home Occupations In-Home Hair Salon at
13930 55 h street N.
Agenda Placement Public Hearings
s
Originating Department/R7�',stove Efic hnson Ci istrator
Requester's Signature �
A ction Requested See below
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
As discussed by the City Council on November 26f, the Council was amenable to consider an
amendment to City Ord. 4014.15 M as it relates to Home Occupations, specifically 401.15 M 3
C.
The Council had discussed the possibility of expcditing this process so that a subsequent
applicant for a Home Occupation Permit would have standing to seek such permit and apply for
review. As such the Council desired to hold the public hearing (not the Planning Commission)
and take action on the matter the same evening; For both the amendment and the Permit.
Staff did error as this ordinance amendment, because it is a zoning code amendment must have a
public hearing and be brought before the Planning Commission. Because the hearing dates were
changed, at this juncture the City Council should open the public hearing, take comments ON
THE PROPOSED C.U.P., if any and then continue the hearing by the Planning Commission on
Dec. 12''.
At the Dec 12'' Planning Commission, the Commission may perform its standard review and
offer a recommending resolution for the Council to consider on Dec 26 lb for final adoption if
desired.
Enclosures:
1. Memo from the City Planner dated Dec 4h 2013 - Including Application Documents.
2. Draft Planning Commission Resolution(to be considered on Dec 12t)
3. City Council resolution—(to be formally considered on Dec 26'x}
Page 37 of 148
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 5840
FacsWnile: 763.427.0520
TPC(c-,jP1an ninqCo,cam
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: December 4, 2013
RE: Oak Park Heights — Conditional Use Permit for a Special Home
Occupation Permit to Allow an In-Home Hair Salon at 13930 55th
Street North
TPC FILE: 236.05 — 13.01
BACKGROUND
Sarah Bell has made an application for a Conditional Use Permit (CUP) to allow an in-
home hair salon at 13930 551h Street North. The request requires a CUP in that beauty
salons are considered a special home occupation. The review of this request is
contingent upon a Zoning Ordinance amendment to clarify the language in Section
401 ,15.M related to home occupations.
The property is zoned R-1, Single Family Residential District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1 : Narrative from Sarah Bell
Exhibit 2: Application for a Home Occupation Permit
Exhibit 3: Salon License Application
Exhibit 4: Picture of 13930 55th Street North
PROJECT DESCRIPTION
The applicant has requested the conditional use permit to open an in-home hair salon.
Ms. Bell's narrative indicates the following:
"1 am asking if 1 can apply and get a home occupational permit to open a hair salon
business in my home and if traffic volume will be allowed. There will be no more that 9-
Page 38 of 148
2 customers at a time. 1 will offer hair services and some product retail items to my
clientele. The name of my salon will be ChromaLox. ChromaLox will be in a portion of
my residence where all standards and codes will be met by both the City and State."
The salon will be located in the living room of the structure. Within the state license
materials, a diagram is included that shows the plan for the salon. She notes that there
would be one to two customers at a time and would be open Monday to Saturday with
hours between 8:00 AM to 9:00 PM. There is a three stall garage with a large driveway
for parking. She has indicated that she may add a separate entrance and sidewalk if
required. The changes to the structure will require a building permit.
ISSUES ANALYSIS
Comprehensive Plan:
The property is designated as low density residential in the Comprehensive Land Use
Map. The request for a Special Home Occupation is consistent with the
Comprehensive Plan policies related to low density land use.
Zoning:
The property is zoned R-1 Single Family Residential District. Section 401.15.M
addresses home occupations. A hair salon would require a Conditional Use Permit in
that it qualifies under the criteria of a Special Home Occupation. Currently this section
of the Ordinance does not allow persons to come to a residence for services offered by
a home occupation business. This is an issue within the wording of the Ordinance that
was not the original intent. Special Home Occupations are set up to require the public
hearing and the CUP in order to consider allowing a limited number of customers to
come to the residence.
A public hearing has been scheduled to make the necessary Ordinance change. That
hearing will be conducted prior to the hearing for the CUP. Please see the separate
memo on this issue.
The criteria for reviewing home occupation requests are as follows:
3. Requirement-General Provisions. All home occupations shall comply with the
following general provisions and according to definition, the applicable
requirement provisions.
a. General Provisions.
1) No home occupation shall produce light, glare, noise, odor,
vibration, smoke, dust, heat, or hazardous or toxic material shall not
be produced, stored, or kept on the premises that will in any way
have an objectionable effect upon adjacent or nearby property.
Page 39 of 148
Comment: The hair salon should not create any issues such as those
listed above.
2) No equipment shall be used in the home occupation which will
create electrical interference to surrounding properties.
Comment: The equipment should not create any issues with electrical
interference.
3) Any home occupation shall be clearly incidental and secondary to
the residential use of the premises, should not change the
residential character thereof, and shall result in no incompatibility or
disturbance to the surrounding residential uses.
Comment: The hair salon will be secondary to the residential use. There
will be no change to the residential character of the neighborhood.
4) No home occupation shall require internal or external alterations or
involve construction features not customarily found in dwellings
except where required to comply with local and state fire and police
recommendations.
Comment: The dwelling changes proposed are consistent with the
single family design of the structure.
5) There shall be no exterior storage of equipment or materials used
in the home occupation, except personal automobiles used in the
home occupation may be parked on the site.
Comment: There will be no exterior storage of equipment and materials.
6) The home occupation shall meet all applicable fire and building
codes.
Comment: The home occupation will be required to meet all fire and
building codes.
92 7) All signing and informational or visual communication devices shall
be in compliance with Section 409.15.G of this Ordinance.
Comment: The applicant shall provide sign plan that will be consistent
with the Ordinance and subject to approval of City Staff.
8) All home occupations shall comply with the provisions of the City
Code.
Comment: The hair salon will be required to comply with City Code.
3
Page 40 of 148
9) No home occupation shall be conducted between the hours of
90:00 pm. and 7:00 am. unless said occupation is contained
entirely within the principal building, excluding attached garage
space, and will not require any on-street parking facilities.
Comment: The proposed hours are 8:00 AM to 9:00 PM.
90) No commodity shall be sold on the premises.
Comment: The applicant has proposed selling a limited amount of
product. The Planning Commission and City Council should
comment.
9 9) Not over twenty-five (25) percent of any one story can be used for a
home occupation.
Comment: The total amount of area that the salon will occupy is about
200 square feet. The applicant should identify the size of the
portion of house that the salon will be located.
C. Requirements-Special Nome Occupation.
9) No person other than a resident shall conduct the home
occupation.
Comment: The applicant which is a resident of the home will be the only
person doing the home occupation.
' 2) Special home occupations shall be limited to only those activities of
a non-residential nature which are specified as allowed by state
statute or regulation such as day care group nursery or which
comply with Sections a and b above, but are conducted entirely
within the principal building, attached garage space, or detached
accessory building.
Comment: The salon is regulated by the state. The salon business will be
done entirely within the building.
3) Special home occupations may be allowed to accommodate their
parking demand through utilization of on-street parking. In such
cases where on-street parking facilities are necessary, however,
the City Council shall maintain the right to establish the maximum
number when and where changing conditions require additional
review.
Comment: There is adequate room in the driveway to accommodate the
one to two customers that may be at the salon at any one time.
4
Page 41 of 148
Conditional Use Permit Criteria:
The conditional use permit criteria, found in Section 401 .03.A.7 of the Zoning
Ordinance, are found as follows:
9. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is
proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving
the property.
8. The impact upon existing public services and facilities including parks,
schools, streets, and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
Comment: Most of the issues listed above have been adequately addressed in
previous review. The Planning Commission and City Council should consider the
overall neighborhood impact to determine if there are any issues in this area. There are
other similar home occupation hair salons in Oak Park Heights that have not created
issues for the neighborhood.
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permits, City staff would recommend
the Conditional Use Permit to allow an in-home hair salon at 13930 551h Street North
with the following conditions:
1. Any changes to the structure to accommodate the home occupation shall be
compliant with all Building and Fire Code requirements subject to review and
approval of the Building Official.
2. Only residents of 13930 55th Street North shall be allowed to work at the in-home
hair salon.
3. The Applicant shall receive and maintain all required state licensing for the
business.
4. The Applicant shall provide a sign plan, in compliance with Section 401.15.G of
the Zoning Ordinance and subject to approval of a sign permit.
5. There shall be no exterior storage of materials as it relates to the business.
5
Page 42 of 148
6. The home occupation business shall be conducted between the hours of 10:00
PM and 7:00 AM.
7. The Planning Commission and City Council should comment on the request to
sell products related to the home occupation business.
8. The Applicant shall identify the amount of area the salon will occupy in the
residence.
6
Page 43 of 148
City of Oak Park Heights,
I am asking if I can apply and get a home occupational permit to open a hair salon
business in my home and if traffic volume will be allowed. There will be no more
than 1-2 customers at a time. I will offer hair services, and some product retail items
to my clientele. The name of my salon will be ChromaLox. ChromaLox will be in a
portion of my residence where all standards and codes will be met by both city and
state.
Thank you,
Sarah Bell
13930 5511, St N
Oak Park Heights, MN
55082
651-9SS-6095
Page 44 of 148
EXHIBIT
CITY OF OAK PAFRK HEIGHT < DEVELOPMENT AF-TL-ICA 1 ION
J� a���
14168 Oak Park Boulevard r
P.O. Box 2007 Base Pee; ) �a
Oak Park Heights, MN 55082 Escrow Ameunt: K5
(659)439-4439 Fax: (651)439-0574
Street Location of property_
Legal Description of Property P1 Q U 5,Oz9 r ,2 C - l ., dU
* Owner: Name —
Address: , �{ , C F,E3
City: jDa�_._��ll�- State'.
Telephone: (Hnr7ie)LQ Aa--A3!�(Business)__ Cc'S l= 5 -1Q b S(Fax) —.. ---. (Other) - –
Applicant:
City.oar---_ State: Zip.' .
Telephone: (!-lame) Sl Ida Business).LQ t=` 5'.
(Fax) - -– (Other)--- _
Type of Request(s)
Zoning District Amendment _X Home Occupation
Conditional Use Permit Site Plan Review
Variance-. Single Family Residential __—_PUD: Amendment
Variance: Other Residential/Commer-vial/Industl-i�ll 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
previocisly approved, please describe it below:
�A-
Owner/Applicant Initials
Page 45 of 148
Development Application, Page 2
General Conditions
Appiication review
The undersigned acknowledges that before this request can be considered and/or approved, all
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
appropriately 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, Fngineerft, Legal and Community
Development fees as they are accrued. It is understood that interest will be charged on the
account at the maxirnurn rate allowed by the l=air Credit Act if It becomes thirty (30) days past
due. 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 3151 of each year.
Property Address a �fh &L
_sue° C � 4n Date. _---AL
Owner Signature
J 1 `
t Date. t - -
Applicant Signature
Page 46 of 148
City of flak Park Heights
14168 Oak Bark Blvd.
Boy: 2007
Oak Bark Heights, NIN 55082
Phone (651) 439-4439 ---Fax (651)439-0574
www.cityofoakparkheIghts.com
APPLICA'T'ION FOR A HOME OCCUPATION PERMIT
Applicant: _SGL.1--CL-V-,\ Phone# �S s- 60 S
Street Address: . A 3 cl�)Q i- ,1,
City 4 L E 'N ZiP
For application property:
Street Address: '" St
City �- fL�� t°1 �� Zip � � c
Legal Description of the property:
4-c Q o 3 Q c r 3 C& a ran--e
Zoning Dis ricr.
Is the property connected to the City water and sewer system? Yes No
Page 47 of 148
(If additional space is needed to adequately answer the following, please accurately
number and answer the responses on the back of these sheets.)
Describe the home occupation (type of home business) being proposed:
en
Describe the character of the existing surrounding property:
tr`
Who is to be employed in proposed occupation?
Lam 1,
-1�-
Will any person(s) be employed that does not live at the occupation address listed in this
application? Yes X No
In what part of the structure will the occupation be located?
Page 48 of 148
How many customers will be served at one time?
—Q
What are the intended days and hours of this occupation?
4-UV d-a a
What service will this occupation provide?
Is off street parking available? Yes ` No
If yes, describe location, capacity and type of surface:
n 2 <a r `1 W A- f
� J
Will there be a need for street parking? Yes No
If yes, how much space will be needed?
19
f '
3
Page 49 of 148
Will the occupation require the use of an accessory building? Yes _No
If yes, please justify the need of an accessory building and describe the facility:
Will the home occupation require or involve any equipment not normally found in a
dwelling unit? Yes No � C'n
If yes. please describe the equipment:
' `.
Will the occupation involve over-the-counter sale of merchandise produced off the
premises? _ Yes No
If yes, please describe the merchandise to be sold:
_ r k �
1
How long do you anticipate the occupation be carried on at this address?
4
Page 50 of 148
How much of an investment in the premise is required for this occupation?
1� G
A-1/A
If an investment is required, does it include alteration? Interior WXtenor
If so, Please describe the required alteration:
Are other governmental licenses or permits required to legally conduct business in this
occupation? �_)_ Yes No
If yes, please list the licenses and/or permits below:
)(am
The City reserves the right upon issuing any hoarse occupation permit to inspect the
premises in which the occupation is being conducted to insure compliance with the
provisions of Zoning Ordinance 401.15.M "Home Occupations."
May the City inspect the premise during the application process? _Yes No
If no,please explain:
s
Page 51 of 148
Is there any additional information regarding this application that the City should be
aware of concerning the occupation?
By signing this application, I declare that I have read all applicable City Ordinances. 1
affirm that all information provided to the City of Oak Park Heights on this application,
or as a part thereof, is true and accurate to the best of my knowledge.
Date: Va, 0,
Signature of Applicant
Mease Check 64,e: Fee.droll be subinitted iri;h colnjylete application.
New: Special Home Occupation - Fee: $100
(Ordinances 401.03 &401.15.M)
New: Permitted Home Occupation -Fee: 25
(Ordinance 401.15.M)
Home Occupation renewal (Annual) - Fee: 15
b
Page 52 of 148
�Y COPT
a � Q
Boars! of Cosmetologist Examiners �
2829 University Avenue SE, Suite 710
3 Minneapolis, MN 55414
651-201-2742-612-617-2601(far,)
www.bceboard.state.mn.us-bce.board@state.mn.us
to n License l i
-MAKE A COPY OF THIS APPLIC47-ICIV FOR YOUR RECORDS-
THE SCE 15 ON A THREE-YEAR LICENSE CYCLE. A LICENSE CANNOT BE ISSUED FOR MORE THAN THREE YEARS. THUS,YOUR INITIAL LICENSE MAY EXPIRE IN LESS
THAN THREE YEARS.
Please complete all of the following questions. Failure to have a complete application will result in a delay of your Salon
Licensure as the appiicatioat will be returned.
A Salon License does not transfer when a salon is sold or moved. Owning and operating a salon Linder another person's or
business's license is illegal.
The data which you furnish on this application will be used by the BCE to assess your qualifications for licensure.Discioswe of this information is voluntary. You are
not legally required to provide this data,however if you fail to do so,the SCE may be unable to process this application. Disclosure of your Social Security number is
required by Minnesota Statutes 270C.72 and your Social Security number may be requested by and Released to the Minnesota Commissioner of Revenue. Then BCE
may use your Social Security Number for Revenue Recapture as authorized by Minnesota Statutes,Chapter 270A.After issuance of a license,all information
contained in this application,except your Social Security Number,will be public information pursuant to Minnesota Statutes,Chapter 13."
Pursuant to Minnesota Statutes 604.113 and 609.535 the BCE is authorized to charge a service charge of 530.86 for any check that is retuned for Ann-sufficient funds.
Lj&�� 0912012
Total Fee
$243.00
$293.00 if this application is the result of a late renewal
Initial Salon information
Salon Legal Name
Salon DBA Name(DBA:Doing Business As)
Ch c rn a L
MN Tax ID, Federal EIN/TIN or SSN(SSN can be used if salon is a sole proprietorship)
Check.lype of Salon License
To qual*for a cbsmetolojy salon license, the salon n7ust offer hair care services, as shown on the}rloor plan by shampoo
bowls and hoir cutting stations. if both nail services and waxing(hair removal)services are offered,but not hair care,the
salon will need two licenses. The two licenses required are a manicurist salon license and on esthetician salon license.
Submit two applications together at the some tiime including all fees above.
Cosmetology Salon (Care of hair, nails, and skin)
DJ. Manicurist Salon (Care of nails, does not include the removal of hair by waxing)
0- Esthetician Salop (Care of skin, including waxing)
For Office Use Only:
Staff Initials: Check/lAID/Receipt Number: Amount Paid:
Application Number. License Number: Date Processed
Page 53 of 148
r
Check one of the following and answer any additional questions.-
News,Fever Been Licensed Salon
Change of ownership(Currently Licensed Salon)
Previous Salon License Number
Previous Salon Name
Previous Salon address
Previous Salon Owner
Late Renewal Application
Current Salon License Number
Expiration Date of Salon License
Salon Relocation
Previous Salon License Number
Previous Salon Name
Previous Salon Address
Business Structure Change
Previous Salon License Number
Check IyRe of Business Structure
LD;Business Trust Limited Liability Company
Corporation Limited Liability Partnership
General Partnership Limited Partnership
®r Sole Proprietor Other Business Structure:
Sole Member LLC
Page 2 of 12
Page 54 of 148
Salon/i65€ licatic�n C( ec;list (Find ownership type,any items with a checkmark are required for that type.)
Document Name Page(s), Sale General LLC LL Corporation Other
Proprietor partnership
Completed Application(Signed& 1-12 C .
Notarized)
Application Fee 1 .
MN Tax ID,Federal Tax ID(TIN or EIN)or 1 F . ,
Social Security Number
Certificate of Assumed Name(Copy) Attachment 016, ("
'A Certificate of Assumed Name must be
filed if the name of the business is
different than the full name of the
owner(s)of the business. This
requirement applies to all forms of
business organizations..
Articles of Incorporation/Organization Attachment
(Copy)
Current Manger(Name,License Number 4112
&Signature)
Zoning Official Signature 4-5
Certificate of Occupancy(Signed)and Attachment Or
Building Permits if applicable(Copy)
Professional Liability Insurance Certificate 6, Vf
Attachment
Workers Compensation For Employees 6-7, C� Y V1
Attachment
Disclosure of Owners Form 7 6.
Floor Plan(Use Correct Codes) 8-9
Owner&Manager Acknowledgements 11-12
Copy of Completed Application (for you) --------- f f
Resources
Department Name Contact Information
Secretary of State 651-296-2803 or 1-877-551-6767
Assumed Naive www.sos.state.mn.us
Articles of Incorporation/Organization
Department of Revenue 651-296-6181 or 1-800-657-3777
C MII Tax ID dumber (salesuse.tax-@state.mn.us./ww►y.taxes.state.mn.us)
Department of Labor and Industry 651-284-5005
9 Workers Compensation www.dH.mn. &oy
Zoning Official Contact city or county offices in which your salon will
he located to get more information_
Department of Treasury 800-829-6115
Positively Minnesota (Small Business 0-wrier httl2://w w,positivOyminnesota.corn
Assistance)
Page 3 of 12
Page 55 of 148
Additional�:�c�licatia� Irw�orr�atirxrx
Salon [dame(Complete Again) Salon Legal fume(Complete Again)
h
Owner First and Last Name or Corporation Name
Sar � t 1
Salon Address
1-�)93 0 - S
city State Zip Code
OCL r Ar L �c t M S� -
Salon Phone Number County of Salon Location
' �- S - �0 Wash 1
Email Address and Web Address
C.V\,c an-}cO b j,,S on 1
Salon Manager Last Name Salon Manager First Name
1E e.�t 'Sara-l-)
Salon Manager MN license Number Salon Manager License Type of Manager License
Expiration Date ;Q Cosmetologist
O Manicurist) 0 0S Oq / 3 0/ (3D t
O Esthetician
Please check the following days the salon is open:
rMonday Tuesday ZWednesday Thursday 2 Friday Saturday 0 Sunday
Is this salon open by appointment only? Is this salon in a Residence?
'Yes O No If Yes, list one day per month salon is open: e(Yes a No
Total Number of Practitioners Working in Salon Total Square Feet of Salon C) 5v
17,y� {qlt' coS ni�toldw, 10h NI 1l ri t S lvn ',,, -,. - E'Si"7 C 11 i(?Il
�{Mg7�i Iv y no
PeF i on r #�di rvok nal'ijc�s ' fair a siditPOr� I be A./ # � ach: siditsc►rta I
Building and Zoning Compliance
g. Check the appropriate boo below.
2. Obtain signature in appropriate section and attach rewired documentation.
OComplete section A if you select the following-
. —The building in which this salon is located is new construction. Complete section A below.
D/ Complete section B if you select the folloe►�.�ing.
- 'The building in which this salon is located is an existing building. The Applicant has made improvements
or changes to the salon which require building permits and zoning approval. Complete section B below.
0 Complete section C if you select the following.-
The building in which this salon is located is an existing building. No Building Permit--or Zoning Approval was
required by the City or County in which this salon} is located.Complete section C belollLf.
Page 4 of 12
Page 56 of 148
Sections A
The building in which this salon is located is new construction.
I. Applicant must attach a copy of the signed,dated Certificate of Occupancy issued by the City or County in which the
building is located.
Z. Applicant must attach statement from Zoning Official that salon is in compliance with zoning ordinances, or obtain
signature below:
Salon address inspected and meets zoning Compliance
Signature of Zoning Official Title Date
Print fume of Zoning Official City or County Name Telephone Number
Sec
The building in which this salon is located is an existing building. The Applicant has made improvements or
changes to the salon which requires building permits and zoning approval.
I. Applicant must attach a copy of the Building Permits issued by the City or County in which the building is located,
2. Applicant must attach statement from Zoning Official that salon is in compliance with zoning ordinances, or obtain
signature below:
Salon address inspected and meets zoning compliance
Signature of Zoning Title Date
Print Name of Zoning Official City or County Name Telephone Number
Section C
The building in which this salon is located is an existing building. Fro Building Permits er Zonire�AppE°r,t�i <<
required by the c1q,or Count,in which this salon is located. Obtain signature Wave:
Salon address inspected and meets zoning compliance
Signature of Zoning Official Title Lute
Print Name of Zoning Officiaf City or County Name Telephone Number
Page 5 of 12
Page 57 of 148
insuraewce Information
Failure to complete this section results in a delay of licensure. The most common reason the BCE returns
applications is because the certificate of insurance is not submitted or is incorrect.
F fessional Liability Insurance (Required for All Salons)—General Liability�+vill not Ise accepted
ssional Liability Insurance covers "workmanshi"p'of licensee uwhere General Liability does not.-
ully:
ach a Certificate of Insurance to the Application that indicates:
Certificate Must Shove:
o $25,000 coverage/each claim
o $50,000 coverage/each policy per operator
o Must state "Professional Liability Insurance"
* Certificate Haider Must Be:
o Minnesota Board of Cosmetologist Examiners, 2829 University Ave SE,Suite 710,
Minneapolis, MN 55414.
* name of insured must be the owner and DBA of the salon and assigned to the salon's address.
Completing the Name and Policy Number is not sufficient; the BCE roust also have a copy of
the certificates? as described above.
Name of Insurance Company
Policy Number (Professional
Liability)
Workers Cornoensation Insurance
Answer the following 2 questions to determine If Workers Compensation is required.
1. Will this salon employ individuals?
0111,Yes (complete WC Insurance) MNo
2. Will this salon have only independent contractors with MN Manager Licenses?
Yes No (complete WC Insurance)
(Workers Compensation Continued on Next Page)
Rage 6 of 12
Page 58 of 148
Workers Compensation Insurance (Required for All Salons Employing Individuals)
Required documentation to be submitted to the BCE
C Certificate (Must Show:
o Workers Compensation Coverage
E Certificate Holder Must Be:
o Minnesota Board of Cosmetologist Examiners, 2529 University Ave SE,Suite 710,
Minneapolis, MN 55414.
Contact the Minnesota Department of Labor and Industry Regarding workers compensation questions at 651-
254-5005,
Completing the Name and Policy Number is not sufficient; the BCE must also have a copy of
the certificate(s) as described above..
Name of Workers Comp
Insurance Company
Policy Number(Workers
Camp)
Disclosure of Company Owners,Partners, Officers
An applicant for a Salon License must include the following information:
Individual Proprietor: Provide the name and address of the Owner
Partnership: Provide the name and address of all General Partners and Limited Partners
Corporation or U.C.- Provide the name and address of all elected Officers,Directors,Governors,Members,
Shareholders owning 10%or more of company stock,and any Managers/Employees
with authority to exercise control in policy or management of the company
if any owner or partner is also a business entity,you must complete this form to disdose the owners/partners/officers/shareholders of that business entity as weSl.
Last Name First game Middle Initial
S
Residential Address Primary Telephone(dumber
�q 6o SSA-" WS ISS -L -S
Cit 6� ate Zip Code S:s
Title(5uc as owner,General Partner,Limited Pa er,Director)
001.7 V—
Last Name First Name Middle Initial
Residential Address Primary Telephone Number
city State Zip Code
FiEle(Such as Owner,General Partner,Limited Partner,Director}
This form, may be photocopied if additional forays are needed
Rage 7 of 12
Page 59 of 148
Codes To Be Used and Listed on Floor P(,3 n (sin the next page)
Chair (Any Style) Cabinet (Supplies)
Sink i. Table (all Styles)
Shampoo Bowl J. Hot Water Heater
D. Pedicure Spa J£� Dispensary Area
Work;Stations Counter/Cabinets .L! Restrooms
Covered Container (Soiled Towels) M. Entrance/Exit
Cabinet (Clean Linens)
UA
D k H
N
G G
V4+aitinghrea Maniaare/Pedime Roam
M F
Fi G I G G G
fa
M FA THIS IS AN
I
UA
teseroe�rc;s L E
® � kS�irsY�liOre
Area
b E
y C C C
A ,UA
r --
BE i F
14
G
Dispensan 6 Esth.eticiar, —
F
�— Room Dc— rrj:l 11.1 G G G G ,
Page 8 of 12
Page 60 of 148
salon Floor plat
e
NAFOE OF sALOW EE
Total Floor Space (from salon floor plan below) Ec�✓a` 7<�squarefeet M Calculate any Reception,Restroom and supply areas
�
which are part of the salon floor space: 'V'00;
Reception Area=131-square feet
Total a'eductiGns (from calculation at Right) scluare feet Restroom Area=aq squarefeet
Supply Area = squarefeet
Total Work Space (TotalKoarSpace menus Total Deductions) square feet Total f)eductions= square feet
Prepare a diagram of the salon floor plan following the example on page 8:
t Eaeti room used for regulated services mast have a sulk(or shampoo bowl).
el The dispensary must also have a sink.
IF Each room rnust be labeled as what It is used for.
All codes from page 9 are required to be used(excluding possibly the pedicure spa and/or shampoo bowl).
You may instead submit blue prints/formal drawtings with appropriate codes and labels(roust stall complete above deductions).
Each square below represents 5 feet by 5 feet. If your salon is larger than 50 feet by 50 feet,attach additional pages to shown complete floor plan.
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Page 9 of 2-2
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Salon Licensee_N-sporsi�llift�
Qwnin L Salon
o Salons are limited to offer cosmetology-related services to the type of license held. If a salon is found to
offer services that fall under the BCE Regulation and are not licensed to offer those services, the Salon can
be assessed civil penalties up to$2,000 per violation found.
* A salon must have a current designated manager with a current salon manager license.
o The salon must ensure all practitioners working in the salon are currently licensed. If a salon is found to
have unlicensed or expired practitioners, civil penalties of up to$2,000 per violation may be assessed,to the
salon manager and owner or loss of licensure may result,
• The current salon license, salon manager license, and all licenses of employees and independent contractors
must be posted conspicuously at the salon.
• The salon must post a notice regarding availability of inspection records.
Renewals - Renew Online!
o Your salon license will expire on the anniversary of your three-year license period. If you fail to renew on or
before that date,you will be considered expired and not eligible to offer services. Additional renewal fees
will apply if you fail to renew on time. The Board makes every effort to mail renewal notices to each
licensee, but it is your obligation to renew your license on time whether you receive a notice or not.
o Failure to renew the salon license within 30 days of expiration date would require the submittal of a new
salon application.
Manager Change
t, If you change your manager, you must notify the Board immediately.
Name Chartee
IL Complete the Name Change form within 60 days of the change.
Ovener/Business Structure Change
C Complete an Initial Salon Application within 60 days of the change.
Address Change
6 If your salon moves locations,you must complete and submit an entirely new Salon Application and
complete all the requirements for a new salon.
Online License Verification
To verify the license status of persons performing services at your salon, use the Online License Verification
at www.bceboard.state.mi-F.us.
Ccasrretclf Lw °s and [pules
Copies of Cosmetology Lauri and Rules are available from the Minnesota Bookstore at 651-297-3000 or
wmiw.leg.state.mn.us.
Page 10 of 12
Page 62 of 148
Owmer and SaIgn Manager Ackno.wiedgements and Certification osf App►Ife��r�t
Owner Acknowledgements Section
A. We acknowledge that it is our responsibility to have a copy of the laves and rules in our salon and employees will
be made aware of where this is located.
(initials of at least 1 owner)
B. We acknowledge that it is our responsibility to have a fire extinguisher available in our salon and employees will
be made aware of where this is located.
(Initials of at least 1 owner)
C. We acknowledge that it is our responsibility to have a first aid kit in our salon and employees will be made
aware of where this is located.
(Initials of at least 1 owner)
D. We acknowledge that a Dispensary Area must be inaccessible to the public and has a sink. This means either a
locked cabinet or a door leading into a dispensary room that must be closed at all times.
(Initials of at least 1 owner)
E. We acknowledge that a city code official has signed off on the Building and Zoning Compliance section on page
5.
(initials of at least 1 owner)
F. We acknowledge that a Certificate of Professional liability Insurance is attached to this application and meets
the requirements on page 6 and the BCE is the certificate holder.
(Initials of at least 2 owner)
G. We acknowledge that if Workers Compensation insurance is required,it is attached to this application and
meets the requirements on pages 6-7 and the BCE is the certificate holder.
(Initials of at least 1 owner)
H. We acknowledge that there is a waste receptacle at each station.
(Initials of at least 1 owner)
i. We have reviewed salon requirements in KAN statute 155A and 1lAN Mule 2105.0350 through 21 05.0390 and
meet all the requirements.
(initials of at least 1 owner)
Page 11 of 12
Page 63 of 148
Salon Manager Acknowled ements
1, the licensed salon manager for the salon listed in this application, certify that!will be the licensed salon manager
and 1 am the responsible party of this salon. These responsibilities include, but are not limited to:
A. Ensuring the salon license is current.
B. Ensuring all employees/independent contractors that are providing licensed services are in fact currently
licensed, including myself. A minimum fine of$150.00 per practitioner can be assessed to you, the manager, if
individuals in the salon you are managing are found working on an expired license.
C. Ensuring all equipment is in proper working condition, and that all sanitation and safety requirements are met.
D. Ensuring the salon complies with all sanitation requirements and requirements of Minnesota Rules 2105.0350
through 2105.0390.
E. On the days I am not working or on a break, I may appoint, but am not required to appoint another licensed
salon manager as responsible while I am absent. They assume the responsibilities listed here.
F. If 1 leave this salon or quit managing, I will notify the Board of this,so I am no longer listed as responsible for this
salon's compliance with Minnesota laws and rules.
Salon Manager license Number Salon Manager Expiration Date
Salon Manager Printed Name
Salon Manger Signature hate
Qwnee s]Agl2ligtion Certification
I certify that the information submitted within this application is true and correct. 1 also certify that this document has
not been altered or changed in any manner from the form odopted by the Board of Cosmetologist Examiners.
� \,M1)6d-) &-Q 0 11 1-
Signature of Owner#1 Date
Subscribed and sworn to before me: This day of 20
My Commission Expires:
Signature of Notary
1`0tary Seat
Signature of Owner##2 Bate
Subscribed and sworn to before rne: This day of 20
I0y Carnmission Expires:
.Signature of Notary
Notary Seal
(Fthere are more than 2 owners, atfiach additional pages)
Page 12 of 12
Page 64 of 148
Certificate of Instance
This certifies that x State Farm Fire and Casualty Company,Bloomington.Illinois
frQr[IA[K
Mate Farm General Insurance Company, Bloomington,Illinois
State Farm Fire and Casualty Company,Aurora,Ontario
!N[u[kNC[g State Farm Florida Insurance Company,Winter Haven,Florida
State Farm Lloyds,Dallas,Texas
insures the following policyholder for the coverages indicated below:
Policyholder Sarah Bell
Address of policyholder 1900 County Rd D E, Maplewood Mir! 55109
Location of operations
Description of operations Sarah Bell
The policies listed below have been issued to the policyholder for the policy periods shown.The insurance described in these policies is
subject to all the terms,exclusions, and conditions of those policies.The limits of liability shown may have been reduced by any paid claims.
Policy Period Limits of Liability
—Policy(`lumber Type of Insurance Effective Date Expiration Date (at be inning of policy period)
Comprehensive BODILY INJURY AND
93-BR-W97-5 F Business Liability 07-06-2013 07-D6-2014 PROPERTY DAMAGE
---------------- ------------- ------------------------------- ---------- ------------- ------- .......-..This insurance includes: Products-Completed Operations
X Contractual Liability Each Occurrence $ 11,000,000.00
Personal Injury
Advertising Injury General Aggregate $ 2,000,000.00
Produci-Completed $ 2,000,000.00
Operations Aggregate
Policy Period BODILY INJURY AND PROPERTY DAMAGE
Policy Number EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit)
El Umbrella Each Occurrence $
❑Other Aggregate
$
Policy Period
Effective Date E iration Date Part I- Workers Compensation-Statutory
Workers'Compensation Part li-Employers Liability
and Employers LiabiJty Each Accident $
Disease-Each Employee $
Disease-Policy Limit $
Policy Period Limits of Liability
Policy Number Type of Insurance Effective Date Expiration Date (at beginning of policy period)
I
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ARY POLICY DESCRIBED HEREIN.
Name and Address of Certification Holder If any of the described policies are canceled before
Minnesota Board of Cosmetologist Examiners their expiration date,State Farm(P will try to mail a
2829 University Ave, Ste 710 written notice to the certificate holder clays
Minneapolis, MN 55414 before cancellation. If we fail to mail such notice,no
obligation or liability will be imposed State Farm or
its agents or entatives.
S' nature o ntetive
07fU2f13
Title ` Date
Amy Bro °n
Agent Name
Telephone Number (651) 735-4 V93
Agent's Code Stamp
Agent Code 23-7363
AFB Code
,a„�� Page 65 of 1, 10 ca-25_2[m
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A RECOMMENDING RESOLUTION
OF 'I'T IE
PLANNIN C _,'_ lMISSION
CITY OF OAK ?ARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
iON ESTABLISHING FINDINGS OF FACT AND
()M1VIE.l'1IDINC TO THE CITE' COUNCIL THAT THE
BELL FOR A CONDITIONAL USE PERMIT
TO CONDUCT A SPECTATE HOME OCCUPATION AT 13930 55TH
STREET NORT" SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Sarah Bell for a
Conditional Use Permit for a Special Horne Occupation to allow an in-home hair salon at
13930 55`h Street North; and after having conducted a public hearing relative thereto, the
Planning Commission of Oak Park Heights makes the following findings of fact:
I. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned R-1 Single Family Residential District in which
single family uses and Special Home Occupations with a Conditional Use Permit
approved by the City Council are allowed; and
4. Section 401.15.M. Home Occupations, provides criteria for approval of a
Conditional Use Permit for a Special Home Occupation; and
5. The Applicant's request for an in home hair salon is consistent with the
criteria in Section 401.15.M; and
6. City staff prepared a planning report dated December 4,2013 reviewing
the request; and
Page 67 of 148
7. Said report recommended approval of the Conditional Use Permit in that
the request is in confonnance with the criteria for issuance of Conditional Use Pernlits
found in Section 401.15.M, and Section 401.03.A.8 of the Zoning Ordinance. Said
recommendation was subject to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at a December 10, 2013
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
NOW, THEREFORE, BE IT RESOI,VEIY:,,z-' TIDE PLANNING
COMMISSION FOR THE CITY OF OAK PARE" ! EIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Sarah Bell for a Conditional Use Permit for a
Special Home Occupation to allow an in-home hair salon at 13930 55a' Street North and
affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park
Heights for approval with the following conditions:
1. Any changes to the structure to accommodate the home occupation shall be
compliant with all Building and Fire Code requirements subject to review and
approval of the Building Official.
2. Only residents of 13930 55b Street North shall be allowed to work at the in-home
hair salon.
3. The Applicant shall receive and maintain all required state licensing for the
business.
4. The Applicant shall provide a sign plan, in compliance with Section 401.15.E of
the Zoning Ordinance and subject to approval of a sign permit.
5. There shall be no exterior storage of materials as it relates to the business.
6. The home occupation business shall be conducted between the hours of 10:00
PM and 7:00 AM.
7. The Planning Commission and City Council should comment on the request to
sell products related to the home occupation business.
8. The Applicant shall identify the amount of area the salon will occupy in the
residence
Page 68 of 148
Recommended by the Planning Commission of the City of Oak Park Heights this
10kh day of Decembcr, 2013.
Jennifer Eye, Chair
ATTEST:
Eric A. Johnson, City Administrator
Page 69 of 148
ATTACHMENT A
W7
Conditional Use Permit (CUP)
Allowing an In-Home Beauty Salon
At
13930 55`h St. N.
Legally described as: Lot 9, Block 3, River Hills Addition
Washington County Parcel I.D.: 05.029.20.14.0096
Page 70 of 148
ATTACHMENT B
r
Conditional Use Permit (CUP)
Allowing an In-Home Beauty Salon
At
13930 55th St. N.
Application Materials
• Application Form
• Fee
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from WashinL,ton County(500' from subject property)
• Proof of Ownership or \Lithorization to Proceed
Public Hearing: December 10, 2013 (rd, City Council, and
December 12, 2013 (a? Planning Commission
Required Approvals: C.U.P.
City Council 4/5
Conditional Use Permit -Lapse of Approval:
Unless the Cite Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve(12) months after the
date of approval. nnle5< the property owner or applicant has substantially started the construction
of any building, structure. addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b)
Page 71 of 148
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION `_STABLISHING FINDINGS OF FACT AND
RESOL7_11TIC!1�q OF THE CITY COUNCIL THAT THE
REQUEST 13`' '_"A R u H ;SELL FORA CONDITIONAL U,SE PERNUT
TO CONDUCT ." ',�`,PFCIAL HOME OCCUPATION AT �_=5TH
STREET NORTU i-,f E 4kPPROVED WITH CON 17
WHEREAS,the City of Oak Park Heights has received a request from Sarah Bell for a
Conditional Use Permit for a Special Home Occupation to allow an in-home hair salon at
13930 55h Street North; and after having conducted a public hearing relative thereto, the
Planning Commission of Oak Park Heights recommended that the application be
approved with conditions. The City Council of the City of Oak Park Heights makes the
following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2- The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned R-1 Single Family Residential District in which
single family uses and Special Home Occupations with a Conditional Use Permit
approved by the City Council are allowed; and
4. Section 401.15.M. Home Occupations, provides criteria for approval of a
Conditional Use Permit for a Special Home Occupation; and
5. The Applicant's request for an in home hair salon is consistent with the
criteria in Section 401.15.M; and
Page 72 of 148
b. City staff prepared a planning report dated December 4,2013 reviewing
the request; and
7. Said report recommended approval of the Conditional Use Permit in that
the request is in conformance with the criteria for issuance of Conditional Use Permits
found in Section 401.15.M, and Section 401.03.A.8 of the Zoning Ordinance. Said
recommendation was subject to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at a December 10, 2013
meeting,took comments from the applicants and public, closed the public hearing, and
recommended the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ". C
774:-!, C Cif' ()°F OAK PARK HEIGHTS THAT THE CITY COUNCIL APPRC
A. The application submitted by Sarah Bell for a Conditional Use Pen-nit for a
Special Home Occupation to allow an in-home hair salon at 13430 556'Street North and
affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. Any changes to the structure to accommodate the home occupation shall be
compliant with all Building and Fire Code requirements subject to review and
approval of the Building Official.
2. Only residents of 13930 55b Street North shall be allowed to work at the in-home
hair salon.
3. The Applicant shall receive and maintain all required state licensing for the
business.
4. The Applicant shall provide a sign plan, in compliance with Section 401.15.G of
the Zoning Ordinance and subject to approval of a sign permit.
5. There shall be no exterior storage of materials as it relates to the business.
6. The home occupation business shall be conducted between the hours of 10:00
PM and 7:00 AM.
7. The Planning Commission and City Council should comment on the request to
sell products related to the home occupation business.
8. The Applicant shall identify the amount of area the salon will occupy in the
residence
2
Page 73 of 148
Approved by the City Council of the City of Oak Park Heights this 10`n day of
December, 2 013.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 74 of 148
ATTACHMENT A
p
Conditional Use Permit (CUP)
Allowing an In-Home Beauty Salon
At
13930 55" St. N.
Legally described as: Lot 9, Block 3, River Hills Addition
Washington County Parcel I.D.: 05.029.20.14.0096
Page 75 of 148
ATTACHMENT B
Conditional Use Permit (CUP)
Allowing an In-Home Beauty Salon
At
1393055 1h St. N.
Application Materials
• Application Form
• Fee
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
Public Hearing. December 10, 2013 @ City Council, and
December 12, 2013 *a7 Planning Commission
Required Approvals: C.U.F.
City Council 415
Conditional Llse Per•rnit- Lapse of Approval:
Linless the Cite Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve (12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not Iess than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b)
Page 76 of 148
0 M
Oak Park Heights
Request for Council Action 10
Meeting Date December 10, 2013
Agenda Item 2014 City Council Meeting Dates
Time Req. 5
Agenda Placement Old Business
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested RevielN dates and make any necessary changes
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
On the back of this sheet you will find a list of regular meeting dates for the City Council based
on the schedule of the second and fourth.Tuesday of each month.
There are a few conflicts and dates to consider:
Tuesday, August 12 is Primary Election Day. State law does not allow any public meetings to be
held during polling hours which are 7:00 a.m. to 8:00 p.m.
Tuesday, November 11 is Veteran's Day, and City offices are closed in observance of that
holiday. The General Election is Tuesday,November 5, and we will need to have a meeting
soon after to canvass election results.
Please review the list and make any necessary changes.
Page 77 of 148
2014 CITE' COUNCIL MEETING DATES
January 14
January 28
February 1 I
February 25
March 1 1
March 25
April 8
April 22
May 13
May 27
June 10
June 24
July 8
July 22
August 12
August 26
September 9
September 23
October 14
October 28
November 11
November 25
December 9
December 23
Page 78 of 148
Oak Park Heights
Request for Council Action
11
Meeting Date December 10, 2013
Time Required: 1 Minutes
Agenda Item Title: 2014 City Council Meeting Dates— Designating 12/9/14 as tenative TNT
Hearing Date
Agenda Placement New Business
Originating Department/Requestorf, Betty Caruso Finance Director
Requester's Signature (t
.97
Action Requested Proposed Schedule- Designating 12/9/14 as preliminary proposed TNT hearing
date for 2015 Budge
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Based on the calendar of council meetings for 2014, there are two possible dates for the TNT hearing.
The possible dates are November 25, 2014 and December 9, 2014. Tuesday November 25 is during
the week of Thanksgiving,therefore I would like to propose to tentatively set the TNT hearing for
December 91.
This designation assists in scheduling of council and staff for attendance to these meetings a_s they
make plans for 2014.
Page 79 of 148
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 80 of 148
Oak Park Heights
Request for Council Action 12
Meeting Date _December 10, 2013
Agenda Item Title 2013 Water and Sewer Rate Study
-Time Required 5 Minutes
Agenda Placement New Business
Originating Department/Requester Finance-Betty Caruso, Finance Director
Requester's Signature
Action Requested _ Approve Rate Study, And Rate Increase for Sanitary Sewer by
Adoption of the Resolution for the Sanitary Sewer Rate Increase
Background/Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
See attached memo, rate study and resolutions.
Page 81 of 148
o
Menlo •.
December I0, 2013
To: Mayor and Council.
From: Betty Caruso, Finance Director
Re: 2014 Water and Sewer Rate Study
Attached is the 2014 Water and Sewer Rate Study. The rate study is based on estimated
revenue and expenses for 2013 and budgeted revenues and expenses for 2014.
Findings of the study include:
The Water Utility Rate Study concludes that based on projected consumptions the present
rate system will support the budgeted expenditures for 2014. This is based on consumption
averages for the last couple years. If consumption is reduced, there is a possibility that
revenues would not cover the expenses. At this time there is a projected $30,000+of
revenues exceeding the expenditures. The water rates have not been increased in 2013 nor
2014, If the City proceeds with the 2014-2015 Street Reconstruction and Water Revenue
Bonds are issued, the water rates will have to be raised to meet the estimated $80,000 debt
service requirements for the future. This would probably occur during 2014 and the rates
should be adjusted at that time.
The result of the Sewer Utility Rate Study shows a minimal rate increase is necessary to
generate sufficient revenue for the operation of the Sanitary Sewer Utility Fund for 2014.
The Met Council Environmental Services Fee for 2014 was raised by $13,300 or 3.5%. The
projected billing revenue shortfall for 2014 is $11,000 - $20,000. To generate this revenue a
$.20/1000 gallon increase for the 15,000-50,000 tier and a a $.20/1000 gallon increase for
the 15,000-50,000 tier and a $30/1000 gallon increase for the above 50,000 gallon tiere is
recommended. The minimum bill will remain the same. This increase results in a 4-6%
increase for the customers who are larger users of the system.
The amount of revenue generated from the strom sewer charges is sufficient to meet the
expenditures and build reserves for future needs. A future needs study for the maintenance
of the City's storm water system should be considered in order to plan for the future rates.
1
Page 82 of 148
I am requesting the adoption of the resolutions for the rate increase. This will assist
staff with the postcard mailing to the customers informing them of the change in rates
prior to the effective date of January 1, 2014. I am also advising if the City proceeds to
issue Water Revenue Bonds in 2014, that the Water Dates be adjusted at that time to
meet the debt service requirements of 2415.
2
Page 83 of 148
RESOLUTION NO. 13-12-51
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING SEWER USAGE RATES
WITHIN THE CITY OF OAK PARK HEIGHTS
EFFECTIVE January 1, 2014
WHEREAS, the City of Oak Park Heights by resolution
and ordinance regulates sewer usage rates within the City
for all users ; and,
WHEREAS, a rate study has been conducted and completed
by the Finance Director recommending a sewer rate increase
to accommodate the cost for administrating, managing, and
providing municipal sewer services to the citizens of the
City of Oak Park Heights and all properties connected
thereto; and,
WHEREAS, the City Council has reviewed said rate
increase and determined the same to be fair and equitable .
WHEREAS, the city ordinances provide for the
implementation of rate increases by resolution.
NOW, THEREFORE, BE IT RESOLVED, by the City Council
for the City of Oak Park Heights as follows :
That effective January 1, 2014 , the City of Oak Park
Heights shall establish a municipal sewer rate for all
users as follows :
a. A quarterly rate $4 . 40 per 1, 000 gallons of
water used for the first 15 , 000 gallons, with a
per quarter minimum charge of $66 . 00 .
b. A rate of $4 . 80 per 1, 000 gallons of water
used over 15, 000 gallons up to 50 , 000 gallons .
C . A rate of $5 . 20 per 1, 000 gallons of water
used over 50, 000 gallons
Page 84 of 148
d. Residential sewer rates are determined by
the amount of water used in the March quarter of
each year. Commercial, industrial, institutional
and high density residential sewer rates are
based on actual usage .
Passed by the City Council for the City of Oak Park
Heights this 10th day of December 2013 .
Mary McComber, Mayor
ATTEST:
Eric A. Johnson
Administrator
Page 85 of 148
CITY OF OAK PARK HEIGHTS
WATER AND SEWER RATE STUDY
2014
Page 86 of 148
TABLE OF •
Contents
Introduction 1
Water User Charges 2
General 2
Water Usage Estimates 2
Customer Base 3
Water Department Expenditures 6
Water Rates 7
Sewer User Charges 9
Genera] 9
System Flow Estimates 9
Sewer Department Expenditures 12
Sewer Rates 14
Conclusitons and Recommendations. 17
Page 87 of 148
INTRODUCTION
Introduction
The City of Oak Park Heights annually reviews the water and sewer rate schedule to assure
receipt of adequate funding for the operation of the utility systems. This report represents
the results of a study undertaken to review the costs to operate and maintain the water
and sewer systems in the City of Oak Park Heights. The purpose of the study is to
determine the user rates required to adequately and equitably finance the proposed 2014
operating budgets of the Water and Sewer Funds.
This report contains an analysis of the past and projected flows, usages, and system
connections as well as a review of costs and projected expenditures for operation and
maintenance.
In summary, this report contains a review of the past and present schedules and practices
relating to water and sewer user charges in the City and recommendations for rates which
will produce the required revenues in a fair and equitable manner.
Page 1
Page 88 of 148
WATER USER CHARGES
Water User Charges
GENERAL
It is essential to periodically review the water user rates to determine if adequate revenue
is being generated to operate the water supply and distribution system and to meet other
financial obligations for capital improvements and for the renewal and replacement of
infrastructure.
The following sections of this report reviews projected water sales as well as budgeted
expenditures and other financial obligations. Using this information, rates are computed
to produce sufficient revenue to operate and maintain the water system for the coming
year.
WATER USAGE ESTIMATES
Each dwelling and structure connected to the City water system is equipped with a water
meter to measure water usage. Each well supply is also equipped with a water meter to
measure water produced. These two sources are then used to verify and estimate water
consumption.
It is very difficult to predict water usage with any accuracy for a given year because usage
will vary greatly depending upon climatic conditions during the summer growing season.
2013 had an average spring rainfall and a below average rain fall during the summer,which
has resulted in the billing being 1S% Lower in June(April through June usage) and 24%
higher in September (July through September usage) in comparison to the previous year.
An estimated 199,000,000 gallons of water will be billed in 2013 as compared to
203,000,000 gallons in 2012 and 190,000,000 gallons in 2011.
Page 2
Page 89 of 148
WATER r CHARGES
A graph showing the fluctuation of the monthly/annual rainfall in comparison with the
average rainfall, conveys the difficulty in predicting the consumption during any year.
ra.00
LOCAL RAIN FALL
5.00
4.00
cxa
3.00
z
2.00
1.00
0.00
YEAR
2011 2012 -2013 -AVG
AVERAGE DATA-http://www.homefacts.com/weather/Minnesota/Washington-County/Stillwater.htmi
MONTHLY DATA-http://www.wunderground.com/history/airport/K211)/2012/10/1/MonthlyHistory.htmi?MR=1
In 2007 consumption billed peaked at 219 million gallops and has steadily decreased till
2010 where it appears to have leveled to approximately the 188 million gallons. As
indicated earlier the last 3 years have shown a slight increase of usage, however for a
conservative approach, 190,000,000 gallons were used for the study and to calculate the
proposed rates.
CUSTOMER BASE
The city's customer base consists of residential, commercial/industrial, public and
sprinkler-irrigation accounts. For the purpose of the study 1280 customers is used. The
Page 3
Page 90 of 148
WATER USER CHARGES
chart reflects the billings/revenue generated compared to the consumption and the
number of customers.
2013 CUSTOM ER-CONSUM PTI ON AND REVENUE
COMPARISON
W5,097
[167,310
36,082 Billings/Revenue
. :
[114 J321 6 2 #of Customers
RESIDENTIAL i
INSTITUTION (AVG)
CUSTOMER '
Residential customers are 87% of the total Water Utility customers,while generating 47%
of the total utility revenue and consuming 54% if the water; Commercial customers are
10% of the total customers, consume 190/o and generate 18% of the revenue; Public
Institution (School, County, Prison) accounts for .5% of the total customers, 18% of the
consumption and 24% of the revenue; Sprinklers consume 9% of the total and generate
10% of the billing.
The disparities can be explained by the tiered rate structure that is used to bill the
quarterly consumption by the customers. The 2013 rates range from $1.94/1000 gallons
for minimum usage to $4.74/1000 gallons for use above 200,000 gallons. The increased
or decreased usage due to climate changes or conservation can have a substantial impact
on the revenue that is generated. For example, the following chart shows the April - June
quarter is a normal consumption period and July - September was a dry period and more
Page 4
Page 91 of 148
WATER USER CHARGES
water was used. The upper tier of>200,000 gallons increase in the 3rd quarter of 2014. by
10,100,000 (54%) as compared to the same quarter of 2013 and generated a $47,800
increase in revenue. It is projected for 2013 that revenues will by approximately $25,000
higher than budgeted.
The following chart shows the consumption by billing cycle and the percentage of the total
amount billed.
Volume - Consumption by Quarter- Gallons
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Jan-March Arpil-June July-5ept Oct-Dec(est)
*2o1,000-999,999 gal 11,624 15,028 28,618 12,066
■100,000-200,000 gal 3,298 4,353 7,678 3,315
*51,000.99,000ga1 2,697 3,425 81380 3,170
w 16,000-50,000gai 4,815 6,453 16,577 7,545
d 0-15,000 gal 12,886 14,330 16,523 14,672
2013 Quarterly Billing-Consumption in 1,000 gallons
It is estimated that 742, or 57% of our customers use 15,000 gallons (minimum billing
level) or less of water per quarter in 2013. >200,000 gallon per quarter users range from
27 customers to 53, depending upon the quarter.
Page 5
Page 92 of 148
WATER r CHARGES
Residential customer consumption is calculated (averaged) at approximately 63 gallons
per day/person (23,000 gallons/year) based on the 2012 population of 4,654.
WATER DEPARMENT EXPENDITURES
To determine a water usage rate schedule, it is necessary to estimate the amount of the
expenditures anticipated and revenue required. Expenditures can be generally classified
in the following categories:
a. Operation and maintenance
b. Reserve for capital improvements
c. System renewal and replacement
Since 2012 Council directed that the Administrative Charge (7% of current expenditures)
be allocated to the Renewal Replacement Fund. In prior years this was transferred to tl}e
General Fund for the Utility's share of administration, accounting and billing. This
reallocation of funds does not increase the expenditures of the water fund. This amount is
still calculated and transferred out to the Renewal and Replacement Fund instead of the
General Fund.
Operation and maintenance costs are to be included in the rate calculation and are taken
directly from the City Budget. The City presently plans for current and future
improvements within the current budget. Funds for current capital outlay are transferred
to the Budgeted Projects Fund. Funds for capital improvements are transferred to the
Capital Project Funds for Tower, Well and Renewal and Replacement for the future
improvements and replacement of facilities.
Operation expenditures and capital improvement transfers result in estimated
expenditures for the Water Department in 2014 of$626,1.44. The 2013 Budget amount
does not include an 580,000 expenditure that will be incurred for a new pressure reducing
valve installed with the St. Croix River Crossing construction. There are sufficient reserves
available to fund this from the Water Utility Fund.
Page 6
Page 93 of 148
WATER r CHARGES
The City is planning a street reconstruction project during 2014 and 2015 that will be
utilizing the funds in the Utility Renewal and Replacement Fund to partially fund the water
infrastructure replacement that is required. The total amount needed to fund the water
improvement portion of the project will also be funded with a proposed utility revenue
bond. The projected debt service of this bond is estimated to be $80,000 per year. If the
City proceeds with the project and funding, this future payment will be considered in the
proposed rate adjustment for future years. The rate needed would build $80,000/year into
the rate structure for 2015 and forward for the term of the bond issue. If the City proceeds
with the 2014 and 2015 Street Reconstruction Project (which will be determined in the
spring of 2014), then a possible adjustment to the Water Rates would need to be reviewed
at that time in order to meet the debt service requirements of a revenue bond issue.
A summary of the expenditures as well as previous years' expenditures is shown in the
following table.
WATER DEPARTMENT EXPENDITURES
2010 2011 2012 2013 2014
Expenditure Actual Actual Actual Budget Budget
Operation&
Maintenance $ 279,171 $ 341,274 $ 310,202 $ 393,321 $ 389,237
Renewal&
Replacement 219,811 214,309 164,121 168,368 168,140
Capital Outlay
36.150 56,300 61,417 84,767 68,767
Total
$ 535,132 $ 611,883 $ 535,740 $ 646,456 $ 626,144
WATER RATES
The estimated unit cost to produce and supply water in the City of Oak Park Heights can
be determined by dividing the estimated operating expenditures by the assumed flow. In
addition to the unit cost,the City is also required to submit$6.36 per water connection per
year to the State of Minnesota for water connection service fees. A per unit cost is
$3.30/1,000 gallons ($626,144/190,000,000 gallons).
Page 7
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WATER USER CHARGES
The projected revenues are expected to cover the expenditures and maintain the
unrestricted fund balance at sufficient levels to meet operations and in accordance with
the city's fund balance policy.
The current established water rates for all users are as follows:
Minimum Charge $1.59/quarter for State Water Connection Fee
$29.11/quarter for up to 15,000 gallons
$2.55/1,000 gallons for usage from 16,000 to 50,000 gallons/qtr.
$3.05/1,000 gallons for usage from 51,000 to 99,000 gallons/qtr.
$3.92/1,000 gallons for usage from 99,000 to 200,000 gallons/qtr.
$4.74/1,000 gallons for usage over 200,000 gallons/qtr.
Our present rate structure would result an estimated $33,000 of revenues over the 2014
budgeted expenditures based on calculations of 3 year average usage per tier as follows:
3_Y_ear Average
Rate Tier /1,000 ga l Rate Revenue
0-25,999 57,000 $29.1/acct $ 149,050
16,000-50,999 35,000 $2.55 $ 89,250
51,000-99,999 17,000 $3.05 $ 51,850
100,000-200,999 18,000 $3.92 $ 70,560
201,000-999,999 63,000 $4.74 298,620
?90,000 $ 659,330
As indicated previously a decrease in usage, especially by a high volume user could impact
the expected revenue. Maintaining a sufficient fund balance can help absorb the impact if
revenues fall short of projections.
Page 8
Page 95 of 148
SEWER R CHARGES
Sewer User Charges
GENERAL
The City of Oak Park Heights regularly reviews, adopts,and/or modifies its sewer user rate
schedule to assure that sufficient revenue is being generated for the payment of all
expenditures associated with the operation and maintenance of the sewage collection
system and treatment facilities. This review is also undertaken to verify that all
classification of sewer users are charged for service in a manner which is fair and equitable
as defined in State and Federal regulations.
The following sections of this report will describe the system usage, financial obligations,
and budgeted expenditures as well as a suggested rate schedule to provide adequate
revenues to operate and maintain the system in 2014.
SYSTEM FLOW ESTIMATES
Utility user rates can be established by equating the amount of service sold to the
estimated expenditures anticipated by the utility. In the case of a sanitary sewer system,
the use or service can be measured by sewage flow with projections for future use being
dependent upon growth by number and type of connections to the system.
The Metropolitan Council Environmental Services (MCES) maintains flow-measuring
devices which are used to total all sewage flows from the entire City. The MCES utilizes a
"firm flow" allocation method in order to stabilize the flow revenue for the MCES and the
charges to the municipalities. This means instead of estimating a systern flow, the MCES
uses the last known Flow numbers to allocate their budget for the coming year. To
determine the 2014 annual billing amount, the calculation is based on flows from July 1,
2012 and ending June 30, 2013. The annual charge is a flat rate and billed to the city in
equal monthly installments.
Page 9
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SEWER USER CHARGES
For informational purposes, population estimates, metered sewage flows and estimates,
and flow per capita data for billing years 2006 through 2013 are shown in the following
table.
Yeat Estimated MCES Flows Per Capital F .
2006 4664 204.95 120
2007 4676 211.00 124
2008 4751 209.95 121
2009 4653 208.74 123
2010 4339 196.95 124
2011 4339 201.05 127
2012 4339 194.90 123
2013 4504 194.48 118
2014 4654 190.66 112
While the total sewage flow from the City is being metered with questionable accuracy,
methods are not available for measuring sewage flows from individual connections.
Therefore, some assumptions and estimates must be used to apportion flows and resulting
casts to the various types of users on the system. The budgeted flow for sewer for 2013 is
155,000,000 gallons. Actual billed flow is estimated at 153,000,000 for 2013. For 2014,
150,000,000 will be used for calculating the rates.The difference in flow metered by MCES
compared to the amount billed by the city results in a 20% discrepancy or 37,666,000
gallons.
Water meters exist at each connection which measures the water purchased, but does not
provide information on the quantity discharged to the sewer. Generally, almost all water
purchased enters the sewer system with the exception of that water used for lawn
irrigation. Lawn sprinkling is primarily confined to single family, townhouse, and similar
land uses. Where large institutional facilities or other users have high irrigation demands,
separate meters are becoming common so that sewer billing is limited to the non-sprinkler
Page 10
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SEWER USER CHARGES
water usage only The following chart compares the water usage billed as compared to the
sewer flow billed for the present sewer rate tiers.
' 2013 Sewer Flow Billed /Compared to Water
Usage Billed
197,453
200,000
180,000 153,6
p 160,000 103,652
,� 140,000
M 120,000 58,411
Q 100,000 80,0
p 35,390
80,000 52,9
p 60,000
O 40,000 20,6
Water Usage Billed
20,000 Sewer Flow Billed
qAC gPP g� 0I-1
�
o• 000• ao�
5
Tiers
Sewage flows from residential connections are assumed to be equal to the quarterly water
usage experienced during the winter months when no lawn sprinkling occurs. However,
actual quarterly water meter readings are used for sewage discharge billing for all
commercial, industrial, institutional and high end residential connections.
Page 11
Page 98 of 148
SEWER USER CHARGES
SEWER DEPARTMENT EXPENDITURES
In addition to estimating the volume of sewage flow, the other basic factor required in
establishing user rates is the amount of expenditures anticipated and revenue required.
Expenditures can be generally classified in the following categories:
a. Metropolitan Council Environmental Services billing
b. Local operation and maintenance
c. System renewal and replacement
For 2012 Council directed that the Administrative Charge (7% of current expenditures) be
allocated to the Renewal Replacement Fund. In prior years this was transferred to the
General Fund for the Utility's share of administration, accounting and billing. This
reallocation of funds does not increase the expenditures of the sewer fund. This amount
is still calculated and transferred out to the Renewal and Replacement Fund instead of the
General Fund.
The Metropolitan Council Environmental Services fee is based on the"firm flow" allocation
method and will be $408,307 for 2014 as compared to $394,600 for the year 2013. This
represents a 3.5% increase in the MCES fee. The 2014 fee is comparable to the 2011 fee of
$407,278.
Local operation and maintenance costs are incorporated into the rate structure and have
been taken directly from the City Budget or from actual expenditures when available.
Page 12
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SEWER USER CHARGES
Combining all of the data described above results in the total estimated expenditures for
the Sewer Fund.A summary of 2014 Budgeted expenditures as well as previous years'
expenditures is shown below:
Sewer Utility Expenditures
2011 2012 2013 2014
Item Actual Actual Budget Budget
VICES Billing $ 407,278 $ 361,271 $ 395,000 $ 408,308
Operation & Maintenance 268,932 223,145 252,792 259,566
Capital Outlay 36,300 37,450 37,000 37,000
Renewal& Replacement 97,156 139,934 129,535 130,306
Total $ 809,666 $ 761,800 $ 814,327 $ 835,180
A summary of the budget includes an increases for a temporary employee for the added
workload on staff during the preliminary stages of the Highway 36 Bridge Project (2013
and 2014 Budgets), additional Sewer Contractual Maintenance and general supplies and
services increases.
The City is planning a street reconstruction project during 2014 and 2015 that will be
utilizing the funds in the Utility Renewal and Replacement Fund to totally fund the sewer
infrastructure replacement that is required with the project. No other funding should be
required for the sewer portion of the proposed project.
Page 13
Page 100 of 148
SEWER USER CHARGES
SEWER RATES
Sewer user rates can be computed by simply dividing the various operating costs by the
estimated flow.
MCES Charge $408,308 - 150,000,000 $2.72/1,000 gallons
Local Cost $426,872 _ 150,000,000 $2.84/1.000 gallons
Operating Rate $5.56/1,000 gallons
Currently the minimum charge is based on the discharge of 15,000 gallons per quarter per
account. Using the rates established above, the calculated minimum charge is shown in
the following computation.
MCES Charge 15,000 gal. @ $2.72/1,000 gallons $40.80/quarter
Local Charge 15,000 gal. @ $2.84/1,000 gallons $42.60 quarter
Calculated Minimum Charge $83.40/quarter
The current established quarterly sewer rates are as follows:
Minimum Charge $66.00/quarter for up to 15,000 gallons
$4.60/1,000 gallons for usage over 15,000-50,000 gallons
$4.90/1,000 gallons for usage above 50,000 gallons
The projected revenue for 2013 is estimated to be at$816,000,while the budgeted
amount was $805,627, if rates were to remain the same for 2014 there would be an
approximate shortage of$11,000. The 2014 Budget requires $827,000 billed revenue.
Page 14
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SEWER USER CHARGES
The Budgeted to Actual Revenues since 2011 are as follows:
2011 2012 2013 2014
Billing Revenues
Budgeted $ 788,005.00 $793,600.00 $805,000.00 $827,000.00
Actual $ 768,097.00 $787,675.00 $816,000.00
Difference $ (19,908.00) $ (5,925,00) $ 11,000.00
Flows
Budgeted 155,000,000 155,000,000 150,000,000 150,000,000
Actual 155,000,000 150,000,000 153,000,000
The proposed sanitary sewer rates for 2014 are as follows:
Minimum Charge $66.00/quarter for up to 15,000 gallons
$4.80/1,000 gallons for usage over 15,000-50,000 gallons
$5.20/1,000 gallons for usage above 50,000 gallons
The proposed increase is based on making an effort to secure the revenue needed to fund
the budget. The amount of revenue generated by the tiered billing system is unpredictable
due to the amount of flow that is billed within the tiers. The proposed rate increase could
generate an additional $20,000 if usage remained the same in each of the tiers. if billed
usage decreases in the higher rate tiers the proposed $20,000 increase could result in a
lower amount collected.
3 Year Average
2013
Rate Tier Z 1,000 Ra l Rate Revenue Revenue
0-15,999 53,000 $66/acct $ 337,920 $ 337,920
16,000-50,999 20,000 $4.80 $ 96,000 $ 92,000
51,000-999,999 _ 77,000 $5.20 400,400 $- 377,300
150,000 $ 834,320 $ 807,220
Page 15
Page 102 of 148
SEWER USER CHARGES
This increase in the upper tier usage calculates to be a 5-6% increase in the larger
producers of flow while there is no increase for the minimal producers of 15,000
gallons/qtr. In all cases, it is assumed that the billing to single family, townhouse,
condominium and other similar residential units will be based on the winter quarter water
meter reading. All other land uses such as apartments, institutions and commercial and
industrial facilities will be billed quarterly based on actual meter readings.
Page 16
Page 103 of 148
CONCLUSIONS AND RECOMMENDATONS
CONCLUSIONS AND R.ECOMMENDATONS
WATER
Based on the study and review of rates, it is concluded that no rate increase is required to
generate adequate revenue for the Water Fund for 2014, if the City proceeds with the 2014
-2015 Street Reconstruction, water rates will need further review in order to determine if
the revenue generated from the current rates will be sufficient to fund any related debt
service.
SEINER
An increase for 2014 is necessary to generate enough revenue for the operations of the
Sanitary Sewer Fund.
It is recommended that the following water and sewer user rates be adopted as of January
1, 2014 to operate the Utility Funds of the City of Oak Park Heights in 2014:
2014 Rate Schedule
Water Rates - NO CHANGE
Minimum Charge $29.11/quarter for up to 15,000 gallons
$ 1.59/quarter for State Water Connection Fee
$ 2.55/1,000 gallons for usage from 16,000 to 50,000 gallons/quarter
$ 3.05/1,000 gallons for usage from 51,000 to 99,000 gallons/quarter
$ 3.92/1,000 gallons for usage from 1000,000 to 200,000 gallons/quarter
$ 4.74/1,000 gallons for usage over 200,000 gallons/quarter
Sanitary Sewer Rates
Minimum Charge $66.00/quarter for up to 15,000 gallons
$ 4.80/1,000 gallons for usage from 16,000 to 50,000 gallons/quarter
$ 5.20/1,000 gallons for usage over 50,000 gallons.
Page 17
Page 104 of 148
CONCLUSIONS
The above amounts were determined based on prior year's history and usage. The Water
Fund and the Sanitary Sewer Funds are vulnerable to change in consumption which can
have a major effect on the amount of revenue generated. if customers reduce their usage,
revenue for the Water Fund and Sanitary Sewer Fund could fluctuate from the projection
for 2014. This is due to the billing rate disparity in the lower tiers. The only way to
stabilize this would be to increase the base rate for all customers. At this time, it would
result in a large increase to residential customers. Likewise if MCES flows continue to
vary with actual billing flows (based on water consumption), we will be obliged to
continue to increase our billing rates.
Page 18
Page 105 of 148
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Page 106 of 148
Oak Park Heights
Request for Council Action
13
Meeting Date December 1.0 2013
Agenda Item Title Resolution Approving the 2014 Budge
Time Required 5 Minutes
Agenda Placement New Business
Originating Department/Requestor Finance-Betty Caruso Finance Director
Requester's Signature
Action Requested Approve Resolution for 2014 Budget
Background/Justification (Please indicate any previous action, financial implications including budget
information and recommendations).
Total General Fund Budget as Proposed is $5,177,809.
2014 General Fund Budgeted Expenditures increased by$284,391 or 5.81% over 2013.
• $248,978 or 5.09% is due to increases in Operations
• $24,413 or .50 % is due to the total increase in the Transfer of funds for capital projects
• $11,000 or .22% is for the increase in Debt portion of the levy,
Information regarding this and the changes in revenue mix are included in the 2014 Annual Budget
Report.
The proposed tax levy for the City is $4,674,339 for the General Levy and $110,557 for the Debt Levy.
The Total Levy is $4,784,896. This Levy is $246,703 or a 5.44% increase over 2013's levy.
I have prepared the resolutions for the 2014 Budget Adoption based on the present budget. If during
the TNT hearing any changes are made by the council, I will change the resolution accordingly.
Action Request
Adopt the Resolution for the 2014 Budget for General Fund of$5,177,809.
Page 107 of 148
RESOLUTION 13-
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 2014 BUDGET
WHEREAS, the City Staff has prepared and submitted to the City Council the
proposed budget for calendar year 2014; and,
WHEREAS, the City Council for the City of Oak Park Heights has determined that
the proposed budget as submitted by the City Staff is in the best interests of the citizens of
the City of Oak Park Heights.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak
Park Heights:
That the 2014 budget is hereby approved as presented by the City Finance Director
in the total General Fund amount of $5,177,809.
Passed by the City Council for the City of Oak Park Heights this 10th day of
December 2013.
Mary McComber, Mayor
Attest:
Eric A. Johnson
Administrator
Page 108 of 148
Oak Park Heights
Request for Council Action 14
Meeting Date December 10, 2013
Agenda Item Title Resolution Approving the 2014 Tax Lev
Time Required 5 Minutes
Agenda Placement New Business
Originating Department/Requester Finance-Betty Caruso Finance Director
Requester's Signature_
Action Requested Approve Resolution for 2014 Tax Levies
Background/Justification (Please indicate any previous action, financial implications including budget
information and recommendations).
The Proposed 2014 Tax Levy for 2014 is $4,784,896. This represents an 5.44% increase over the 2013
tax levy. The Tax Levy will be Ccrtificd as follows
The General Fund Tax Levy- $4,674,339.
The General Obligation Debt Levies for 2014 are:
2008 G O Capital Improvement Bonds - $110,557. ($420,000 Scheduled,Balance of$309,443
paid for by General Fund Levy)
2009 G O Capital Improvement Bonds- $0. ($139,000 paid for by General Fund Levy)
A copy of the Resolution for the 2014 General Fund Levy, The Bonded Indebtedness Levy For
General Obligation Capital Improvement Bonds of 2008, and The Bonded Indebtedness Levy for
General Obligation Bonds of 2009 is attached.
Action Request
Adopt Resolution for the 2014 Tax Levy with the Corresponding Budget Resolution.
Page 109 of 148
RESOLUTION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 2014 GENERAL FUND LEVY,THE
BONDED INDEBTEDNESS LEVY FOR GENERAL OBLIGATION CAPITAL
IMPROVEMENT BONDS OF 2008, AND THE BONDED INDEBTEDNESS LEVY FOR
GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS OF 2009
WHEREAS, the City Staff has prepared and submitted to the City Council the
proposed general fund levy for calendar year 2014; and,
WHEREAS, the City Council for the City of Oak Park Heights has determined that
the proposed general fund levy as submitted by the City Staff is in the best interests of the
citizens of the City of Oak Park Heights.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park
Heights:
1. That the City Administrator is hereby authorized and directed to certify to the
Washington County Tax Accounting and Research Department the General Fund
levy for the City of Oak Park Heights for calendar year 2014 in the amount of
$4,674,339.
2. That the City Administrator is also authorized and directed to certify to the
Washington County Tax Accounting and Research Department the Bonded
Indebtedness levy for General Obligation Capital Improvement Bonds of 2008 in the
amount of$110,557. to be collected in calendar year 2014.
Passed by the City Council for the City of Oak Park Heights this 10th day of
December 2013.
Mary McComber, Mayor
Attest:
Eric A. Johnson
Administrator
Page 110 of 148
4 j 15
Oak Park Heights
Request for Council Action
Meeting Date December 10, 2013
Time Required: I minute
Agenda Item Title: City Code of Ordinances—Update CC 102 Master Fee Schedule
Agenda Placement New Business
Originating Department/Requester Adrninistration/Julie Hultman
Requester's Signature
r'
Action Requested Consider and Adopt Amended CC 102 Master Fee Schedule
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
In May of 2006. the City Council reviewed and adopted City Ordinance CC 102-Master Fee Schedule
which was created in such a manner that it could be revised on an as needed basis without re-adoption
of the city code and/or publication. The schedule was last updated, with changes adopted December 4,
2012.
The attachment is a summary of the proposed Vaster Fee Schedule amendments, reflecting changes to:
• Sewer usage rates, as approved by City Council earlier this meeting;
• Connection charges to undeveloped/unconnected land, as approved by City Council earlier this
meeting;
• Metropolitan Council Service Availability Charge (SAC); and
• NSF—Returned Check Charge Fee, reducing fee from $30 to $25, to reflect the rate that is
charged.
Following your review, staff recommends that the summary of fee amendments to CC-102 Master Fee
Schedule be adopted as presented or with any amendments made by the City Council with regards to
fees earlier this evening and that they be incorporated within the fee schedule.
The amendment to the schedule shall be published as required by law with an effective date of January
1, 2014.
Page 111 of 148
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
ORDINANCE NO. 2013-102-
AN ORDINANCE AMENDING CHAPTER 102 CODE OF ORDINANCES OF THE CITY
OF OAK PARK HEIGHTS SPECIFICALLY RELATED FEE CHANGES
THE CITY COUNCIL OF THE CITY OF OAK PARK WEIGHTS. WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
Section 1. Amendment. That Chapter 102 of the Code of Ordinances of the City of
Oak Park Heights is hereby amended to add the following changes in fees, providing as follows:
Schedule of Fee Amendments:
• Sewer Usage Rates(Quarterly) based on gallons of water used:
* Residential rates determined by amount of water used in the March quarter of each year.
* Commercial, Industrial, Institutional and High Density Residential rates are based upon actual
usage each quarter.
Up to 15,000 gallons NO Change
+ Each 1,000 gallons above 15,000 gallons up to 50,000 gallons From $4.60 to $4.80
+ Each 1,000 gallons above 50,000 gallons From $4.90 to $5.20
• Connection Charges: For Undeveloped/Unconnected Land(Utility Area Charge)
Land Use: Commercial!Industrial & Retail/Business Centers:
• Sanitar v Sewer From $21,2915 per acre to $2,367 per acre
• Water Main From $11,908 per acre to $12,301 per acre
• Sturm Sewer From $1,887 per acre to $1,918 per acre
• Storm Sewer-TSMP Area From $8,661 per acre to $8,947 per acre
Land Use: I-o\N Density Residential:
• Sanitary Sewer _ From $2,185 per acre to $2,257 per acre
• Water Main From $11,361 per acre to $11,736 per acre
• Storm Sewer From $1,022 per acre to $1,056 per acre
• Storm Sewer-TSMP Area From$7,827 per acre to $8,085 per acre
Land Use: Nlediurn Densijy Residential:
• Sanirar\ Seater From $2,915 per acre to $3,011 per acre
• Water Main From $15,146 per acre to $15,646 per acre
• Storm Sewer From $1,482 per acre to $1,531 per acre
• Storm Sewer-TSMP Area From $8,287 per acre to$8,560 per acre
Land Use: High Density Residential:
• Sanitary Sewer From $5,100 per acre to$5,268 per acre
• Water Main From $26,508 per acre to$27,383 per acre
• Storm Sewer From $1,857 per acre to $1,918 per acre
• Stonn Sewer-TSMP Area From$8,560 per acre to $8,947 per acre
Page 112 of 148
• NSF—Returned Check Charge Fee: From $30 to $25
• Metropolitan Council
Service Availability Charge(S.A.C.) From $2,435 per unit to $2,485 per unit
Section 2. Effective Date. This Ordinance shall be in fijll force and effect January
1, 2014, after its passage and publication according to law.
Passed and adopted by the City Council of the City of Oak Park Heights,
Washington County, Minnesota, on this 10'h day of December, 2013.
CITY OF OAK PARK HEIGHTS
By:
Mary McComber, Mayor
Attest:
Eric A. Johnson, City Administrator
Page 113 of 148
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Page 114 of 148
16
Oak Park Heights
Request for Council Action
Meeting Date December I e, 2013
Time Required: 3 Minutes
Agenda Item Title: St. Croix River Crossing Project—Parcel 85 —Temp. Easement.
Agenda Placement New Busines
r
Originating Department/Requ r Johnson Ci1y Administrator
Requester's Signature
Action Requested_ Approve Agreement for Temporar—y Permit to Construct -_Parcel 85 —
Subject to tlnal. City Engineering and City Attorney Approval of final
plans and/or langUa e changes.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
The City owns a utility and drainage easement over certain lands that cross Over the East Oaks
entranceway. MNDOT is in need of altering certain sanitary and storm sewers as well as
installing new curing and trail-ways over and across certain areas of the City's easements.
Attached is draft Agreement for Temporary Permit to Construct in this area.
The Agreement protects the City's interest as it does not vacate any easements and requires that
MNDOT fully restore the site to an equal or better condition. Staff does not have any general
objections to this proposal given the tenns of the Agreement.
(NOTE:THERE APPERAS TOP BE A NEED FOR A SIMILAR EASEMENT FROM THE EAST OAKS
ASSOCIATION AS THE EXCAVATION WILL BE WIDE AND DEEP AND LIKELY WILL LEAVE BOTH MNDOT
AND CITY CONTROLLED AREAS AND ONTO PRIOVATE PROPERTY.I HAVE PLACED EAST OAKS IN
CONTACT WITH MNDOT TO WORK OUT THEIR PRIVATE ISSUES BUT JUST BE AWARE)
Page 115 of 148
AGREEMENT FOR TEMPORARY PERMIT TO CONSTRUCT
C.S. 8214
S.P. 8214-114
Parcel 85
City of Oak Park Heights
Utility and Drainage Easement
Dated: County of Washington
The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk
Highway No. 36 in Washington County, Minnesota. It is necessary that the State of Minnesota use for
transportation purposes real property situated in Washington County, Minnesota, described as follows:
See attached Exhibit"A".
The undersigned, having an interest in the above described real property, understand that they are not required
to surrender possession of real property without just compensation and are not required to surrender lawfully
occupied real property without at least 90 day's notice. For a valuable consideration, of one-dollar($1.00), the
undersigned hereby waive these rights and give the State of Minnesota an immediate right of entry and permit to
perform construction for all highway, mitigation, and trail purposes.
At no time may the State alter the City's drainage or municipal utility systems or create circumstances that cause
cessation of service or unreasonable hardship for the City for future maintenance by the City of its systems. The
State shall maintain reasonable passage and access to and from the affected residential area for residents, as
well as for guests and emergency vehicles at all times over the affected City right of way or private accesses,
The City shall not be responsible for any elements installed by the State unless previously agreed to.
This Permit will expire when construction is completed and the site is fully restored to a similar or better condition
prior to construction by the State. Should the State fail to restore the site and/or fully protect the City's
infrastructure the City may implement necessary corrections for which the State shall fully compensate the City
for all such direct and indirect costs to implement necessary corrections as determined by the City Engineer.
Agreed.
Mayor, City of Oak Park Heights
Notary for Mayor: Affix Stamp Here 4
Signature -State of Minnesota (Person signing must have the authority to bind the State to this Agreement)
Printed Name
Notary for State: Affix Stamp Here
Page 116 of 148
Exhibit"A"to
AGREEMENT FOR TEMPORARY PERMIT TO CONSTRUCT- C.S. 8214 - S.P. 8214-114 - Parcel 85
City of Oak Park Heights Utility and Drainage Easement
REQUsr o _, ___ 4 REDUCER
General Area for GT1
S. FRONTAGE Rb. 1 _
_ Work to Occur
ONO> _ —.I EI(ISTINC R1N -'=
tul - — -
-coNNEcr TO Exlsr •°, � � ],y�,rr � a9 1
4- CIP WATER !
28--4-- YIP CL52
The Temporary Easement gra
4," GATE VALVE �� nted by the
City only relates to lands lying within City
4 a+ � easement areas_ The State shall determine
17. 4 ;
w 5` where all easement area exact limits are prior
'tea "' to any work commencing. The City does not
".11 " " grant permission to work on lands not lying
3 within the City's easement areas nor may
M^^ work exceed the easement area rights
N:4J K}
.... ... :p'1.. -
r-
to W
15" RCP' N z�W�� controlled by the City. S(
STORM . .
111 ?° u ,� 4 i-�n r;w Ex IST.. OROUNO. L INE
ommmu IU
Page 117 of 148
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Page 118 of 148
' 17
An '-
Oak Park Heights
Request for Council Action
Meeting Date December 10'h 2013
Time Required: 5 Minutes
Agenda Item Title: Approve Developer's A,-recment — Oakgreen Senior Living Phase III.
Agenda Placement New Busiposs
f
Originating Department/Re,g6 for jEric Johnson. City Administrator
Requester's Signature C/ '
Action Requested tscussion P ss' Ie AnDroval
f
Background/Justification(Please ' icate if any previous action has been taken or if other public
bodies have advised):
As part of the City Council approval resolution from Mr. Tim Nolde's proposal for the 30-unit
Memory Care expansion to the four-story Oakgreen Commons Senior Living building, a new
Developer's Agreement must be approved by the City Council. Attached is a draft of that
proposal as developer by the City Attorney.
There are key elements to note:
1. Should the project create emergency calls that exceed 5% of all call to the City, not
including to Bouwtell's Landing, shall entitle the City to establish an additional annual
fee.
2. All properties must remain for persons 50+years and older.
3. The Master Plan may only hold a total of 335 Units—all phases and areas.
4. A payment in Lieu of taxes is required should any properties become tax exempt.
5. Previous Developer's Agreement's will be released where there is overlap—so as to
clean-up prior plan changes and site adjustments.
At this time staff does recommend and asks approval of this Agreement, subject to any
final revisions of the City Attorney.
Page 119 of 148
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this day of December, 2013, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "Gity"), and Oakgreen Commons, LLC, Oakgreen. Villa, LLC, and
ANCHOBAYPRO,Inc., (collectively the 'Developer" }.
WITNESSETH; That:
W1117 REAS, the Developer has made application to the City Council for approval of an
Amended Planned Unit Development affecting land within the corporate limits of the City
described as follows:
See Attached Exhibit A
(the "Subdivision"); and,
WHEREAS, The City of Oak Park Heights has received a request for a Planned Unit
Development amendment as it relates to Oak Park Senior Living Phase III (formerly Oakgreen
Village)' at Nova Scotia Avenue North allowing an increase in overall density to a grand total of
335 units (hereinafter "the Development"), by adding a 30 unit memory care addition to the
existing Senior Assisted Living and Memory Care building, relocation of the existing three unit
townhome building to face the existing four unit building within the development.
WHEREAS, the City Council has approved a new Master Plan for the Development lying
north of 58"` Street, east of Nova Scotia Ave, south of the Xcel Energy Power Transmission
Lines and west of Oakgreen Ave. and is included here as Exhibit B, subject to clarifications from
all conditions included in this Developer's Agreement.
WHEREAS, the City Council has on May 27th, 2013, granted approval to the Amended
Planned Unit Development, on the condition that the Developer enter into this Agreement
stipulating the conditions for the installation of public improvements as well as the Development of
on-site improvements hereinafter described, all in accordance with the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Page 120 of 148
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements".
1. PLAN A IMPROVEMENTS: The Developer will construct at DeveIoper's
expense the following improvements under Plan A according to the following terms
and conditions:
A. The Developer shall do all site grading, common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance with the approved
grading, drainage and site plan. A grading plan with maximum two (2) foot
contours, pad elevations, drainage provisions, erosion control provisions and
cross sections, as necessary, shall be submitted to and approved by the City
prior to commencement of any site grading. Any changes to the grading
plan during construction shall be submitted to the City for approval. Each
building site must conform to the grading plan approved by the Building
Inspector of the City of Oak Park Heights prior to a building permit being
issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion. The Developer shall
submit an erosion control plan, detailing all erosion control measures
to be implemented during construction, said plan shall be approved
by the City prior to the commencement of site grading or
construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City Engineer shall be installed prior to development
and as may be necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four(4) inches and shall be of a quality
2
Page 121 of 148
at least equal to the soil quality prior to development.
5. The Developer shall not locate its equipment within the right-of-way
of 58th Street as acquired by the City of Oak Park Heights adjacent
to this development without the express written consent of the City
Engineer.
C. The Developer shall place iron monuments at all lot and block comers and at
all other angle points on boundary lines. Iron monuments shall be replaced
after all street and lawn grading has been completed in order to preserve the
lot markers.
D. The Developer shall be responsible for maintaining the location of and
protecting curb stops, water services and sewer services. Any service or
curb stop damaged shall be repaired or replaced as specified by the City.
The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading)or driveway surface.
E. The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City.
F. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until the subdivision is completed.
Warning signs shall be placed when hazards develop in streets to prevent
the public from traveling on same and directing attention to detours. The
repair of any damage done to the streets or public utilities by Developer or
any of its Contractors or Subcontractors, shall remain the financial
responsibility of the Developer.
G. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant to a plan which must receive the approval
of the City PIanner.
H. The Developer shall be responsible for storm sewer cleaning and holding
pond dredging, as required, by the City prior to completion of the
development.
The City of Oak Park Heights is requiring Developer to maintain dedicated
storm water drainage areas and holding ponds during the period of
construction to serve Developer's project. Such areas are incorporated
within the drainage casement depicted on the final plat.
3
Page 122 of 148
I. Drainage and utility easements. 10 foot drainage and utility easements shall
be maintained along all lot lines in within the platted area.
J. Wetland Designation. All areas classified as wetlands have been displayed
upon the plat. None are altered by this approval.
K. Warranty of Title.
By its execution hereof Developer hereby warrants and represents that it has
the exclusive and marketable fee title to the subject property.
L. Fire Hydrants.
All fire hydrants throughout the development shall incorporate an AFC-
Waterous Storz Nozzle. The hydrant pumper nozzle shalf be of one-piece
design, compatible with a five inch Storz hose coupling. The nozzle shall be
an integral part of the fire hydrants and must be furnished by the
manufacturer or authorized distributor designated by the manufacturer. Storz
adapters will not be accepted.
M. Utility Locations in City Right of Way.
In order to maintain compliance with regulations promulgated from the
Minnesota Office of Pipeline Safety the developer, its contractors,
subcontractors, and agents shall comply with the following requirements:
1. All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
2. The layout of utilities, including depths, off--sets and materials shall
be documented during construction and confirmed with city staff
during the installation process.
I Single family residential lots are required to submit an accurate tie
card showing the utilities installed and measurements from fixed
objects (corner of house, fire hydrants, etc.) to the curb stop,
location pins, clean outs and tie in points for all utilities.
4. Multi-family and coininercial lots must provide, in addition to the
above, professional as built drawings confirmed by field survey,
showing the required information. In addition Engineering grade
GPS coordinates in the Washington County coordinate system
shall be supplied by the builder. These will allow the coordinates
to be electronically incorporated in to future city mapping.
5. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
4
Page 123 of 148
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
conduit that is within two inches of the final grade and pin located
at the lot line.
6. The Developer shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
failure to comply with these requirements including but not limited
to expenses the City incurs in correcting errors in infonnation
provided by Developer its agents or contractors or remediating
problems resulting there from in the right of way.
N. Underground Installation of Electrical Distribution Lines. Pursuant to City
ordinance Chapter 1008 all electrical distribution lines that serve the properties,
are located or to be located upon the site shall be installed and maintained
underground. Any non compliant lines shall be buried, including lines that serve
the 4-level Oakgreen Commons.
O. Replacement of Roadway Security-Private Roadway Construction.
Developer has an existing obligation to the City to complete final roadway
improvements in the Oakgreen Village development. Developer has asked city to
increase the security in this Developer's Agreement and release the financial
security in the Developer's Agreement for Oakgreen Village to allow those final
roadway improvements to be completed as part of this current development.
2. DESCRIPTION OF PLAN A IMPROVEMENTS
AND ESTIMATED COST
SEE EXHIBIT A-1 IMPROVEMENTS EXHIBIT ATTACHED
1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
SEE ATTACHED EXHIBIT $175,833.00
2. Replacement security- final roadway
surfacing completion Oakgreen Village
Project $65,000.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20%): $48,167.00
SECURITY 25% $60,200.00
5
Page 124 of 148
TOTAL PLAN A ESCROW $349,200.00
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
C. Easements. The Developers shall dedicate to the City,upon approval of the
final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan A Improvements
as detennined by the City. All such easements required by the City shall be
in writing, and in recordable form, containing such terms and conditions as
the City shall determine. If within the platted area, all such easements shall
be dedicated to the City and specifically described within the Plat. As it
affects all easements located outside the platted area, the same shall be
dedicated by separate easement conveyed to the City of Oak Park Heights
prior to the execution of the Development Agreement.
D. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all Plan
A Improvements and hereby guarantees the workmanship and materials for
a period of one year following the City's final acceptance of the Plan A
Improvements. Concurrently with the execution of this Agreement,
Developer or its general contractor shall provide a Letter of Credit to the
City of Oak Park Heights in a form to be approved by the City Attorney,
guaranteeing the performance by Developer of the construction of the Plan
A Improvements in a timely and proper manner. Additionally, Developer
guarantees and agrees that, should the City of Oak Park Heights need to
apply a claim on said Letter of Credit, that Developer shall pay all attorney's
fees and administrative expenses associated with said action.
E. That prior to the Developer ordering the installation and awarding the
contracts as it relates to the Plan A improvements and the costs therefore, the
Developer shall deposit with the City of Oak Park Heights, the total
estimated cost of the Plan A improvement $349,200.00 in the form of a
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letter of credit to be approved by the city attorney. The City may pay from
said deposit all expenses related to the construction of the Plan A
improvements providing for the construction of same in the event of
Developer's default:
F. Ownership of Plan A improvements. All such improvements as constructed,
excepting those improvements approved by the city and located within
public rights of way shall become the property of the Developer. The
Developer shall dedicate to the City prior to approval of the final plat at no
cost to the City all permanent and temporary casements necessary for the
construction of any public improvements as determined by the City. Street
systems internal to this development shall remain private streets as shall
internal water and sewer distribution lines. Storm water ponds are public and
part of the city's storm sewer systems. Storm water collection systems are
private improvements.
G. Construction schedules. All schedules for construction of the Plan A
improvements shall be subject to the approval of the City Engineer. Failure
to construct the improvements pursuant to the schedules so established shall
constitute a condition of default
H. Connection Charges_2. All connection charges and fees shall be paid by
Developer. The City Engineer shall compute the connection fee as
prescribed by ordinance/resolution as to this development and advise the
City Clerk as to the appropriate fee to be collected. Connection fees for all
lots and blocks are due and payable upon execution of this agreement and
are as follows:
Sanitary Sewer $previously paid
Water $previously paid
Storm Sewer $previously paid
The City reserves the right to modify or adjust the manner of computation of
connection fees from time to time which may adjust or increase the
connection fees on the outlots at such time as they become due.
1. EMS services and 911 calls.
(a) Emergency Services via Bayport Fire Department. At such
time when the entire Development exceeds 5 percent of all City
emergency calls responded to by the Bayport Fire Department
(including fire, good intent, false alarm and EMS/rescue, ctc but
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excluding calls to the Boutwell's Landing campus), the Developers
shall make an annual payment to the City an amount equal to the
cost impact the Development has on the City's cost contribution to
the Bayport Fire Department for services over the 5 percent.
(b) Billing. The City will directly bill the Developers after the City
determines the annual use generated by the Development and its
impact on the City Fair Share Formula or other future contribution
protocol. The City will determine annual use at the Development
based on information provided by the Bayport Fire Department
`actual-run' data or other reliable source data.
(c) Change of Fire/EMS provider to City. Should the City's
relationship with the Bayport Fire Department and/or is financial
relationships substantially change, the City reserves the right to
amend this language as may be needed to compensate for new Fire
and/or EMS service vendor costs.
(d) Disclaimer. While it is anticipated that the City can provide
adequate emergency responses to the Development, the City does
not guaranty that it has adequate resources to respond to all
emergencies or provide same in perpetuity. The City further
indicates to the Developers that it should consider the
implementation of necessary "on-site" staff and other emergency
mitigation resources so that emergency EMS/Rescue calls could be
handled internally and directly with appropriate health care
providers and potentially deleting the need of the City responses.
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account
to the City of Oak Park Heights in the amount of$10,000.00 to reimburse the City
of Oak Park Heights for previous billed expenses relating to this development.
b. COUNCIL IMPOSED CONDITIONS: The following conditions have been
imposed by the City Council on this development and must be satisfied in order to
obtain initial and or final permits:
A. The application submitted for a Planned Unit Development
amendment as it relates to the Oak Park Senior Living Phase TI (formerly
Carriage House CO-OP) allowing an increase in the density at Oakgreen
Avenue and 58i1' Street North and affecting the real property. Be and the
same as hereby approved by the City Council of the City of Oak Park
Heights with the following conditions:
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I. The City Council approves the increase of density to 335
units as presented in the Master Plan.
2. The Minor Subdivision, as well as the dedication and
vacation of any easements shall be subject to the review and
approval of the City Engineer and City Attorney. Further
amendments to the plat shall require review and approval of a
Preliminary/Final Plat.
3. The development agreement shall include a provision that
the Oak. Park Senior Living Phase III will remain as senior rental
and shall not be converted to non restricted rental housing.
4. The City Council approves the widening of 59th Street and
removing the street medians on 58a' and 59`h Streets at Nova
Scotia. All changes to the roadway are subject to review and
approval of the City Engineer.
5. The City Council approves the plan with the proposed
private and public trail system.
6. The City Council approves the Master Plan but requests the
Applicant look at options for providing an additional setback
and landscaping between the future Senior Living Building
(Building 6) and the existing four unit townhome building.
7. All tree removal and landscape plans shall be subject to
review and approval of the City Arborist.
8. The grading and drainage plans shall be subject to City
Engineer and applicable watershed authority review and approval.
9. All utility plans shall be subject to review and approval of
the City Engineer.
10. The City Council approves the non shielded, residential
style light fixtures as proposed.
11. The applicant shall submit any plans for new signage
subject to City approval.
12. The traffic numbers are subject to review and approval of
the City Engineer.
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13. The Fire Marshal and Police Chief should review the plans
and determine the accessibility of emergency vehicles throughout
the development.
14. The snow storage areas and plan shall be subject to review
and approval of the City Engineer.
15. Any mechanical equipment that is ground mounted or
visible from adjacent streets shall be screened as required by the
Zoning Ordinance.
16, The City Council approves the final building appearance,
colors, materials and the variety between buildings as found in the
proposed plans.
17. The applicant shall be required to enter into an amended
Development Agreement. The Development Agreement shall be
subject to the review and approval of the City Attorney and City
Council.
18. All conditions as approved by the City Council on January
31, 2012 for Oak Park Senior Living Phase I.
19. The Applicant shall provide the existing Homeowners
Association members with all required documentation, annual
reports, and financial records within 60 day of City Council
approval.
Additionally, existing assisted living units of senior housing/memory care
in the high rise and main building now located upon the property shall not
be replaced or reduced by the location of new memory care units allowed
by this permit.
The approval herein supplements, but does not replace prior approvals and
permits which remain in place unless specifically contradicted by
conditions imposed herein.
The Master Plan for this Development is attached hereto as Exhibit B
7. GENERAL:
A. Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors
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and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Subdivision and shall be deemed
covenants running with the land. References herein to Developer, if
there be more than one, shall mean each and all of them. The
Agreement; at the option of the City, shall be placed on record so as
to give notice hereof to subsequent purchasers and encumbrances of
all or any part of the Subdivision and all recording fees, if any, shall
be paid by the Developer.
B. Final Plat Approval. The City has given final approval to Amended
PUD Permit upon execution and delivery of this Developer's
Agreement and the Amended Planned Unit Development Agreement
and, and of all required documents and security, subject to
compliance with the Ordinances of the City and terms and provisions
hereof, permits may be issued by the City.
C. Incorporation of Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of
this Agreement by reference as fully as if set out herein in full.
Specifically the following Planning Reports and Engineering files
and final documentation approved by the City Planner and the City
Engineer are specifically incorporated by reference herein and
included herein as if originally made part of this Agreement.
1. April 23, 2013 Architectural Plans
2. April 23,2013 Survey
3. April 23, 2013 Civil Plans
4. City Planners report dated May 9, 201
5. City Engineer's report dated: May 9,2013
D. Amended P.U.D. Pen-nit. The City of Oak Park Heights shall file the
Amended Planned Unit Development Permit of record in the office
of the County Recorder. Providing that the Developer is not in
default under the terms of the Development Agreement, the City
shall provide appropriate releases to the financial aspects of same
and documentation to individual buyers of lots.
E. Administrative and Miscellaneous Expenses. As to any and all
administrative, legal or engineering costs which the Developer is
expected to pay to the City of Oak Park Heights, which costs may be
offset against the Performance Bond which the Developer has filed
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and provided to the City of Oak Park Heights, the Developer shall be
given the opportunity to review and conuncnt on such costs prior to
the application by the City of Oak Park Heights to the bonding
company for the payment of same. Should the Developer dispute the
reasonableness of any of the City's charges, Developer shall have the
right to submit any such dispute to arbitration at Developer's sole and
exclusive expense. Arbitration shall be conducted by the American
Arbitration Association and shall be initiated and paid for by
Developer.
F. Establishment of Construction Schedules. The City Engineer shall
control construction schedules for Plan A and Plan B improvements
and shall consult with Developer prior to establishing same.
G. Zoning. Oak green Commons and Carriage House Cooperative PUD/
Addition has been designated a zoning classification of PUD by the
City Council. All future use and development shall comply with the
applicable provisions of this Developer's Agreement and the
relevant zoning ordinance of the City of Oak Park Heights relating
thereto. All Outlots remain zoned "O" Open Space — conservancy
until building permits are issued therefore.
H. Street Grades. The grades of all private and public streets shall not
exceed 8% and the minimum grade shall not be less than .5%.
J. Phase I Development. Developer's Development is approved for
Phased development upon schedules established and approved by the
City Engineer.
K. Handicapped Parking. Location of disability/ handicapped stalls
shall be made more efficient with regard to serving all of the areas of
the proposed facilities. All disability stalls currently shown as
oriented to the north half of the parking lot directly across from the
grocery store will be re-distributed throughout the entire parking
complex to provide reasonable handicapped access throughout the
development. The applicant will be required to demonstrate within
the site plan and provide, at a minimum, four disability stalls in the
southern half of the parking lot across from the retail strip center.
L. Landscaping. A final landscaping plan shall be developed and
submitted to the City Planner by Developer. In addition,
modifications to the landscape plan may be implemented subject to
approval by the City Planner,Arborist and Administrator.
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M. Trash Receptacles. Trash receptacle areas must been designated on
the site plan for the each building. All tenants of the building will be
required to utilize these trash receptacles or will be required to store
trash internally.
N. Li tin . Developers must submit a lighting plan to the City
Council. A photo-metric lighting plan shall be submitted and subject
to review and specific approval of City Staff and City Council. All
lighting shall be hooded and controlled so as not to direct light
source to adjacent lands and not to be visible from the public right-
of-way or from adjacent properties in compliance with Section
401.1513.7 of the Zoning Ordinance.
O. Serge. A master signage plan shall be developed by the
Developers and submitted to the office of the City Planner for
approval. All signage shall be conformed to the master signage plan
so approved by the City Plamler.
P. Landscaping, Plan. Any changes to the submitted landscape plan
resulting from changes to the stormwater ponding areas shall be
subject to review and approval of the City Council.
Q. Indemnification:
To the fullest extent permitted by law, the Developers shall
indemnify and hold harmless the City of Oak Park Heights, its
agents and employees from and against any and all claims,
damages, losses or expenses, including but not limited to attorney's
fees, arising out of the issuance of this Developer's Agreement by
the City of Oak Park Heights and/or arising out of the performance
or non-performance of its obligations hereunder by Developer.
R. Conversion of Buildings Into Tax Exempt Property. Developer has
warranted to the City, the building to be constructed upon the
property will be held exclusively for residential rental at market
rate. They are to be held in private ownership and at a "for profit"
status. Developer agrees that any conversion of the land or
buildings to "non- profit' or "not for profit" status will require
approval of the City of Oak Park Heights" and that Developer, its
heirs and or assigns, shall enter into a Payment in Lieu of Taxes
Agreement (PILOT) with the City to compensate the City for the
loss of tax revenue generated from the project should that change
in status occur. The PILOT agreement shall contain the content and
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form as approved by the City Attorney.
S. Senior Rental Housin . Developer has warranted to the city that all
structures and residential units to be completed on the site shall be
used and maintained exclusively for Senior Residential Housing.
City approvals and transportation projections, municipal services
and land use has all been predicated upon Developer's warranty.
The Buildings and their occupancies are to remain dedicated for
senior rental as defined by the Developer to be for persons age 50
and above. Provisions within leases implementing the restriction
and enforcement terms there of shall be submitted to City staff for
review by Developer and used consistently within all leasing
agreements. Unless otherwise approved by the City of Oak Park
Heights, no use of the buildings shall be implemented or allowed
by Developer, its heirs and assignees, except as senior rental
housing.
8. Notice/Remedies on Default or Violatioi-i of this Agreement
A. Whenever any event of default or failure to conform to the terms
and conditions of this Agreement occurs, the City shall give written notice
of the event of default or failure to perform, to the Developer by United
States Mail at the following address:
If to Developers: Timothy Nolde
775 Green Twig Way
Stillwater, MN 55082
If to City: City of Oak Park Heights
14168 Oak Park Blvd
Oak Park Heights, MN 55082
Attn: City Administrator
With a copy to: Eckberg, Lammers, Briggs, Wolff &
Vierling, P.L.L.P.
1809 Northwestern Avenue
Stillwater, MN 55082
Attn: Mark Vierling
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Developer agrees to provide the City with the name and mailing address of
any subsequent Lot Owner acquiring any Lot from Developer.
B. Except as otherwise provided in this Agreement, if the Developer
fails to cure the event of default or failure to perform within 1.0 days after
the date of the mailed notice or fails to undertake said cure and diligently
pursue the same if it cannot reasonably be done within said 10 day period,
in addition to any other remedy provided in this Agreement and without
waiver of any such right, the City may, after providing written notice of
default to the Developer, avail itself of any or all of the following remedies
for as long as the Developer and/or any other Lot Owner is in default.
i. Halt all plat development work and construction of development
improvements on the Lot of the defaulting Lot Owner until such
time as the event of default is cured.
ii. Apply on security provided and complete those items of work
remaining to be completed..
iii. Refuse to issue building permits or occupancy permits as to the Lot
of the defaulting Lot Owner until such time as the event of default
is cured.
iv. Apply to a court of competent jurisdiction to enjoin continuation of
the event of default.
V. If the event of default is a failure of the Developer to complete,
construct, install or correct the Plan A Activities or the Plan C
Improvements in accordance with the plans and specifications
under this Agreement, the City may perform such construction or
work and the Developer shall reimburse the City for its out of
pocket expenses incurred. This provision shall be a license granted
by the Developer and/or any other Lot Owner to the City to so act,
but shall not require the City to take any such action. This remedy
is in addition to and not in lieu of the City's right to draw on the
Letter of Credit security provided to the City.
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IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
CITY OF OAK PARK HEIGHTS
Mary McComber
Mayor
Eric Johnson
City Administrator
STATE OF MINNESOTA )
) Ss.
COUNTY OF WASHINGTON)
On this day of , 2413 before me a Notary Public, within and for
said County personally appeared Mary McComber and Eric Johnson, to me personally known,
being each by me duly sworn did say that they are respectively the Mayor and the Administrator of
the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and
that the seal affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council and said Mayor and Administrator acknowledged said instrument to be the free act and
deed of said municipal corporation.
Notary Public
16
Page 135 of 148
OAKGREEN VILLA,LLC
Its
Its
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this day of , 2013, before me a Notary Public, within and for
said County personally appeared and ,
to me personally known, being each by me duly sworn did say that they are respectively the
and of Oakgreen Village, LLC, a Minnesota Limited
Liability Company, named in the foregoing instrument; and that the seal affixed to said instrument
is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of
said company by authority of its Board of Governors and said and
acknowledged said instrument to be the free act and deed of said municipal
corporation.
Notary Public
17
Page 136 of 148
OAKGREEN COMMONS, LLC
Its
Its
STATE OF MINNESOTA }
} ss.
COUNTY OF WASHINGTON)
On this day of , 2013, before me a Notary Public, within and for
said County personally appeared and ,
to me personally known, being each by me duly sworn did say that they are respectively the
and Oakgreen Commons, LLC, a Minnesota Limited
Liability Company, named in the foregoing instrument; and that the seal affixed to said instrument
is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of
said company by authority of its Board of Governors and said and
acknowledged said instrument to be the free act and deed of said municipal
corporation.
Notary Public
18
Page 137 of 148
ANCHOBAYPRO, INC.
Its
Its
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this day of , 2013, before me a Notary Public, within and for
said County personally appeared and ,
to me personally known, being each by me duly sworn did say that they are respectively the
and of ANCHOBAYPRO, Inc., a Minnesota
Corporation, named in the foregoing instrument; and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors and said and
acknowledged said instrument to be the free act and deed of said municipal
corporation.
Notary Public
19
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THIS INSTRUMENT WAS DRAFTED BY:
Mark J.Vierling
Eckberg,Lammers, Briggs,Wolff
&Vierling, P.L.L.P.
1809 Northwestern Avenue
Stillwater, MN 55082
(612)439-2878
2U
Page 139 of 148
EXHIBIT A
LEGAL DESCRIPTION
DEVELOPMENT
Lots 11-and 2, 3 &4 Block 1; r a4s 1,2 Q. 3 Block 2;Lots l,through 8 4 Block 3;Lots 1,2,3
&4 Block 7; Lots 1,2,3 &4 Block 8;Lots 1,2,3 &4 Block 9; Lots 1,2,3 &4 Block 10; Lots
1,2,3 &4 Block 11; Lots 1,2,3 & 4 Block 12; Lots 1,2,3 &4 Block 13; Lots 1,2,3 &4 Block 14;
Lots 1,2 and 3 Block 15 Oakgreen.Village, Washington County, Minnesota.
AND
Lot 1 and 2, Block 1; and Lots 1, 2, and 3, Block 2; and Lots 1 and 2, Block 3, OAKGREEN
PONDS, according to the recorded plat thereof on file and of record in the Office of the Registrar
of Titles, Washington County, Minnesota.
And
OUTLOT A, OAKGREEN PONDS, according to the recorded plat thereof on file and of record
in the Office of the Registrar of Titles, Washington County,Minnesota.
AND
Lot 2 r,teek- 1 rte. e House Ce n„ and Assisted Living, according to the
and of r-eeer-d �i !he office of the .b "",,lipugeseta
AND
OUTLOT D, OAKGREEN VILLAGE, according to the recorded plat thereof, on file and of
record in the office of the Registrar of Titles, Washington County, Minnesota, except that part
described as follows:
Beginning at the southeast corner of said OUTLOT D; thence North 89 degrees
28 minutes 57 seconds West, along the south line of said OUTLOT D, a distance
of 75.35 feet; thence, continuing along said south line,North 10 degrees 47
minutes 07 seconds West a distance of 14.23 feet; thence North 89 degrees 28
minutes 57 seconds West a distance of 214.42 feet; thence South 54 degrees 23
minutes 23 seconds West a distance of 23.67 feet; thence North 89 degrees 28
minutes 57 seconds West a distance of 119.13 feet; thence, leaving said south line,
North 00 degrees 30 minutes 57 seconds East a distance of 94.63 feet; thence
North 81 degrees 11 minutes 03 seconds East a distance of 102.97 feet; thence
South 89 degrees 14 minutes 53 seconds East a distance of 338.43 feet, to the east
line of said OUTLOT D; thence South 05 degrees 16 minutes 25 seconds East,
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Page 140 of 148
along said east line, a distance of 34.14 feet; thence, continuing along said east
line, South 12 degrees 24 minutes 47 seconds West a distance of 61.42 feet;
thence South 00 degrees 31 minutes 04 seconds West a distance of 15.88 feet to
the point of beginning.
And also excepting that part of said OUTLOT D, OAKGREEN VILLAGE, according to the
recorded plat thereof, on file and of record in the office of the Registrar of Titles, Washington
CO Hit 1��, Minnesota, lying northeasterly of a line described as follows:
Beginning at the southwest corner of Lot 4, Block 15, said OAKGREEN
VILLAGE; thence- South 32 degrees 39 minutes 12 seconds East a distance of
66.80 feet to the northeast corner of Lot 4, Block 12, said OAKGREEN
VILLAGE, and said line there terminating.
22
Page 141 of 148
EXHIBIT A-1 IMPROVEMENTS EXHIBIT
Page 142 of 148
EXHIBIT B
MASTER PLAN
74
Page 143 of 148
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Page 144 of 148
` y
Park Heights
'Tor Council Action 18
Meeting Date December 10, 2013
Agenda Item Set Date, Time, and Location for 2014 Parry in the Park
Time Req. 5
Agenda Placement New Business
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature---,
Action Requested Set Date, Time, and Location for 2014 Party in the Park
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
City of Oak Park Heights staff is putting together a 2014 calendar of dates for distribution to City
residents. As part of that, we would like to include the 2014 Party in the Park.
In 2013, Party in the Park was the first Sunday following Labor Day weekend. In years past, it
had been held on Na(lonal Night Out. The event is usually held at Brekke Park, but has been
held at Autumn Hills Park in the past.
I request that the City Council set the date, time, and location for the 2014 Party in the Park
event.
Page 145 of 148
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 146 of 148
19
Oak Park Heights
Request for Council Action
Meeting Date December 10-20 U
Time Required: 5 Minutes
Agenda Item Title: City Council Appointments-2014
Agenda Placement New Business
Originating Department/Requestor Mayor Mary McComber____
Requester's Signature
Action Requested Discussion, possible action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Consider Council Appointments for 2014
Attached are the current appointments thru 12/31/13
Page 147 of 148
Cv��etif FD
Deputy Mayor (Mayor Pro-tem): Mark Swenson
Civil Defense Director: Brian DeRosier
Parks Commission Liaison: Mary McComber
Parks Commission Liaison Alternate: Mike Liljegren
Planning Commission Liaison: Mike Runk
Planning Commission Liaison Alternate: Chuck Dougherty
Planning Commission Liaison 2nd Alternate: Mike Liljegren
Cable Commission — Council: Mark Swenson
Cable Commission—Alternate: Mike Liljegren
Cable Commission —Citizen: Guy Sederski
Middle St. Croix WMO: Chuck Dougherty
Middle St. Croix WMO Alternate: Mike Liljegren
Chamber of Commerce & CVB: Mary McComber
Coalition of Utilities Cities: Mary McComber
Coalition of Utilities Cities Alternate: Chuck Dougherty
Data Compliance: Betty Caruso
Lower St. Croix River Advisory: Mark Swenson
Lower St. Croix River Advisory Alternate: Chuck Dougherty
Page 148 of 148