Loading...
HomeMy WebLinkAbout2009 Tire Proz Court Matter Exhibits TireProz:Outside Storage&Spe' vents 14661 60`"St.N.,Oak Park Hei_ (B-2,General Business District Zone) -1879 02-12-1979: City Council Adopts Zoning Ordinance 401.(Exhibit A) a 401.03.1.1.g Temporary advertisement permits required.(Exhibit B) a 401.11.D.5 B-2 District requires CUP for Open&Outdoor Storage as an accessory use.(Exhibit C) 2005 07-13-2005: OPH letter to Dan Routson notifying him that a CUP is required for outside storage elements to business operation. Routson requested to remove outside stored vehicles by 08-31-2005.(Exhibit D) 05-16-06: Stillwater Evening Gazette published Ordinance Adopting the Municipal Code of the City of Oak Park Heights.(Exhibit D-1) 06-07-2006: OPH began discussing signage needs with sign contractor(s)&Jay Andrews for TireProz Business Operations.(Exhibit E) o Permit 2006-00174 issued 07-27-06 for sign to east side of building.(Inc.as part of Exhibit E). o Permit 2006-00223 issued 08-21-06 for sign to north side of building.(Inc.as part of Exhibit E). 10-23-2006: OPH Ord.401.15 violation of too many signs installed-noticed by City to Jay Andrews,with request that he remove 2006 the third sign stating"Routson"from east side of building by October 30,2006.(Exhibit F) 11-29-2006: Request by Adam Welsh of TireProz for banner and to leave unpermitted TireProz logo sign up at Bldg.SW corner until Christmas.City responded okay to banner but only after log sign was removed. (Exhibit G) 12-06-2006: OPH letter to Jay Andrews re:permitted signage allowance by Ordinance,continued violation of same with number and square feet of signage. Sign removal requested by December 15,2006. CUP option for signage at the site noted. (Exhibit-I) 12-20-2006: OPH Email to Jay Andrews re:removal of special event signage,TireProz logo and Routson sign removal deadlines having passed and request for compliance.(Exhibit I) 12-27-2006: Email from Adam Welsh of TireProz stating that the TireProz logo had been removed and that they intended to apply for a variance for the Routson sign to the NE corner of the building.(Exhibit J) 05-14-2007: OPH letter to TireProz&Routson Auto Service Center re:for sale vehicles and outside storage container observed at site non-compliant to Ordinance requirements,without a CUP and requested removal by May 28,2007. (Exhibit K) 09-05-2007: OPH letter to TireProz following upon 05-14-2007 letter and noting Mr.Andrews's call to the same and summarizing conversation with Jay,City Administrator Johnson and myself in that a CUP was required for the container storage and that while Jay was actively working through a CUP process,the containers could temporarily remain. Having not received relieved any further communication,Mr.Andrews was directed to submit a CUP application for the outside storage or remove the containers by September 12,2007. (Exhibit L) 09-11-2007: Meeting at City Hall with Jay Andrews of TireProz,City Administrator Johnson and Julie Hultman(OPH)re: 2007 compliance issues at business site. Mr.Andrews noted that he had been trying to purchase the building and that he was looking at a site in the Kern Center and planned to move the business within one year. o Pre-project meeting for the Kern Center site was encouraged. o OPH expectation of TireProz complying with City Ordinance requirements clarified. o Extended deadline for the removal of the containers or a conditional use permit for them of June 1,2008 was agreed upon. 09-17-2007: OPH letter to Jay Andrews following up on 09-11-07 meeting and summarizing City's understanding.(Exhibit M) 10-10-2007: Pre-project meeting for potential site acquisition within the Kern Center was held.(Exhibit N) 12-12-2007: OPH letter to Jay Andrews re:outside storage and vehicles with request to locate tire display racks to building interior by 12-20-2007 and reminding him of June 1,2008 deadline for storage container removal as per 09-11-07 meeting understanding as summarized in 09-17-07 letter. (Exhibit 0) 06-03-2008: Special Event Display in place without a permit at TireProz. Fax sent requesting permit submission or removal. No response received.(Exhibit P) 06-04-2008: OPH letter to Jay Andrews following up on 09-17-07 and 12-12-07 letters re:special event display permit requirements and violation observation of 06-02-08 display without permit.Noted June 1,2008 deadline for CUP for Outside Storage for the containers or their removal had passed without any response from him.Letter was faxed&mailed.(Exhibit Q) o Requested special event permit application for the display or its removal by 1:30 p.m.,June 5,2009 2008 and notified that compliance failure would result in forwarding of the matter to Police Department for citation. o Requested that the outside storage containers be removed no later than 4:30 p.m.June 17,2008 and notified that compliance failure would result in forwarding of the matter to the Police Department for citation. 06-09-2008: Site Check found original display trailer removed and tent display with vehicle underneath it in place. Citation request forwarded to the Police Department for failure to comply with City Ordinance 401.15.G.as it relates to special event permit requirements. (Exhibit R) o Citation was issued by Police Department for City Ord.401.15.G.violation as it relates to special event permit requirements. 06-13-2008: Display at site without permit observed early a.m.Julie Hultman attempted to email Mgr.Ryan Rugg re:same and faxed him permit application after emailing to him failed. Rugg faxed application back along with copies of two emails from Judd Andrews to Julie Hultman with incorrect email address,dated April 14,2009(requesting 10 day tire sale banner special event permit)and May 19,2009(requesting 1 tent sale special event permit for June 18). Special Event Permit Issued for June 13—June 23,2008.(Exhibit S) o 06-26-08 Display still in place.Emailed Ryan Rugg to remove display immediately. Display was removed at end of day. TireProz:Outside Storage&Spe. ,ents 14661 60th St.N.,Oak Park Heigh, • (6-2,General Business District Zone) 2008 06-26-2008: Email communication to Julie Hultman(OPH) from Ryan Rugg(TireProz)requesting a special event permit and asking if the citation for the June 19,2009 tent sale display without a special event permit would be cleared since proof was submitted(Judd Andrews email)that contact was attempted. o Julie Hultman responded to Mr.Rugg by email and copied Chief of Police DeRosier and City Administrator Johnson.(Exhibit T) 06-30-2008: Chief of Police DeRosier responded to Mr.Rugg's inquiry via email.(Exhibit U) 07-02-2008: Citation request forwarded to the Police Department for failure to comply with City Ordinance 401.15 as it relates to outside storage—failure to remove outside storage or seek CUP approval. (Exhibit V) 07-07-2008: Citation was issued by Police Department for City Ord.401.15.Violation as it relates to outside storage.(Exhibit W) ■ 01-26-2009: OPH letter to Jay Andrews notifying him of City Council Action amending Ord.401.15.G,increasing the number of 2009 special event permit days per calendar year and reminding him of applicable ordinances to his business. (Exhibit X) 05-26-2009: Compliance check made to ensure that special event display permitted through May 23,2009 was removed. It was not. Julie Hultman(OPH)phone Ryan Rugg at TireProz and reminded him to remove them. When they were not yet removed at mid-day,she emailed Ryan directing removal by 4:30 p.m. Email discussion ensued between Hultman and Rugg as to time elements involved with removal of special event displays. In consideration of Rugg's needs,Hultman extended accommodation to Rugg in the way of compliance checking at noon or later of the removal date,which Rugg accepted. (Exhibit Y) 08-17-2009: OPH letter to Jay Andrews and Ryan Rugg at TireProz re:OPH Ordinances related to outside storage and for sale vehicles,noting ordinance violations to vehicle/trailer parking and ATV parked on grass area at store front. Removal of the for sale vehicles not licensed to the business and a reduction of those that may be to one,as permitted by City Ordinance,and removal of inoperable vehicles/trailers and those that have exceeded parking/storage regulations requested to be completed by the end of the day August,21,2009. Letter emailed to Ryan and mailed to both Jay and Ryan. (Exhibit Z) 08-19-2009: Email response received from Jay Andrews addressing the 08-17-09 letter.Hultman responded to Mr.Andrews via email.(Exhibit AA) 08-21-2009: Compliance check made. ATV was gone and trailer was relocated to another area of the parking lot. 1 Exhibit A City of Oak Park Heights Minutes of Meeting held February 26, 1979 Page 2 - continued Lang moved to adopt a resolution authorizing Mayor and Clerk to sign and record the hard shell for St. Croix Mall Planned Unit Development contingent on approval of City Attorney and City Engineer. Seconded by Seggelke. Roll Call vote taken. Aye votes cast by Lang, Seggelke, Westphal and Torgerson. Resolution approved. Motion by Seggelke to have clerk notify City Engineer that City concurs with his letter pertaining to hydrant valves in industrial and commercial areas. itIso . O sods±as policy the standard practices as stated in letter. Seconded by Lang. 4 aye votes. Unanimously carried. ItSeggelke moved to adopt a resolution approving final adoption of the zoning ordinance as modified and to have City Attorney proceed with codification. Seconded by Westphal. Roll call vote taken. Aye votes cast by Lang, Seggelke, Westphal and Torgerson. Resolution passed.. Seggelke motioned to direct Midwest Planning &Research, Inc. to prepare a new official zoning map. Zoning map in Comprehensive Plan to be used as legal zoning map in the interim. Seconded by Lang. 4 aye votes cast. Motion carried. Lang made motion to authorize City Attorney to request bids for printing of Ordinances for codification. Seconded by Westphal. 4 aye votes. Carried. Lang moved to advertise for street sweeping bids to be opened at 7:00 P. M. March 26, 1979. Seconded by Westphal. 4 aye votes. Carried. Clerical assistance discussed. This to be persued with job title and salary to be ratified by council. Hall expansion on March 12, 1979 agenda. Seggelke motioned to accept contract from Abrahamson Nurseries for tree planting bid and authorize Mayor and Clerk to sign. Seconded by Westphal. 4 aye votes. Motion carried. • Lang motioned to approve the purchase of calculator. Seconded by Westphal. 4 aye votes. Carried. Job classifications for non union employees to be reviewed and revised and presented at later council meeting. Motion to adjourn by Lang. Seconded by Seggelke. 4 aye votes. Adjourned. "---/r1:1, v'-v- ' £t ;44 La Yonne Wilson, Clerk-Treasurer . City of Oak Park Heights LW/lw "r [ _ 1 ( _ i; I. I � _t� • . .,.. .::.. t�.:- . .. ..:.,.. .x� 1 ...... .....:. r II `t. - _ _ _ _ .•F*- rte• ;• wtl d a.' M-,{�E� t { rye x,s@ � #,, " "... •, ''1°h •3 oI ;lark heights '- ' ' '-- - j.,: .iT1jflpth_____ __ -._o ,,„ .,. r x T ' �L z. ,x_:,,,.,r e , JF r, x �p,'x.'J5+' 516, - Exhibit B G. Land Reclamation. Under this Ordinance Land Reclamation is the reclaiming of land by depositing of materials so as to elevate the grade. All land reclamation shall be controlled under the provisions of the State Uniform Building Code and shall require a permit from the City Building Official. H. Mining. The extraction of sand, gravel, or other material from the land in the amount of four hundred (400) cubic yards or more and removal thereof from the site without processing shall be defined as mining. In all districts the conduct of mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the site. I. Signs. 1. General Provisions. a. No sign permitted by this Ordinance shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "Stop", "Caution", 'Warning", etc. unless such sign is intended to direct traffic on the premises. b. All signs and sign structures shall be properly maintained and shall be kept in a safe orderly condition. In addition, all parts and supports shall be properly painted. Any sign or sign structure which is rotted, unsafe, deteriorated, defaced or otherwise altered, shall be repainted, repaired or replaced by the licensee, owner or agent of the owner of the property upon which the sign stands, upon written notice of the Building Official or his agent. • c. No sign shall be attached to hang from any building until all necessary wall and/or roof attachments have been approved by the Building Official. d. No sign, nor any guys, stay or attachment thereto shall be erected, placed or maintained by any person on rocks, fences or trees nor in such manner as to interfere with any electric light, power, telephone or telegraph wires or the supports thereof. e. When electrical signs are installed, the installation shall be subject to the State's Electrical Code as may be amended. f. No signs other than governmental signs shall be erected or temporarily placed within any street rights-of-way or upon any public lands or easements or rights-of-way. �-1, 3 I�' g. The temporary use of searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten (10) consecutive days. No more than three (3) permits per business proprietor shall be granted during any twelve (12) month period. The permit shall be prominently displayed during the period of validity. Use of portable signs shall be restricted to information only and may not exceed four (4) square feet (no advertising). h kl par ft' 1 ;g; r. . y-�"�t fine than a distance ly f fMara" tittulikront yard setback line for the district in which the is located. i. A person shall not illuminate any existing advertising device at any time if the existing advertising device is not located at the place of business being promoted, except for reasonably sized directional devices to aid tourists to find gas, food and lodging. j. All signs shall display in a conspicuous manner, the owner's name, permit number and/or registration number and date of erection. 28 Exhibit C • d. The provisions of Section 401..16.A.5..of;this.Ordinance are considered and satisfactorily met. 3. Commercial planned unit development as regulated by Section 401.14 of this Ordinance. 401.11 "B-2", GENERAL BUSINESS DISTRICT A. Purpose. The purpose of the "B-2", General Business District is to provide for high intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. B. The following are permitted uses in a "B-2" District: 1. Any permitted use in the "B-1" District. 2. Banks, savings institutions, credit unions and other financial institutions. 3. Business, commercial, or trade schools. 4. Clinics, for people only. 5. Government and public utility buildings. 6. Motels, motor hotels and hotels provided that the lot area contains not less than five hundred (500)square feet of lot area per unit. 7. Restaurants, cafes, tea rooms, taverns and off-sale liquor. 8. Retail sales. 9. Commercial Senfice uses. 10. Commercial recreation. 11. Libraries. 12. Offices, business or professional, including ticket sales. 13. Optical laboratories. 14. Theaters, excluding drive-in type of service. C. The following are permitted accessory uses in a "B-2" District: 1. All permitted accessory uses as allowed in a "B-1" District. 2. Semi-truck parking. D. The following are conditional uses in a "B-2" District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.16 of this Ordinance.) 1. Drive-in and convenience food establishments provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.03.B.7 of this Ordinance. c. Each light standard island and all islands in the parking lot landscaped or covered. d. Parking areas shall be screened from view of abutting residential districts in compliance with Section 401.03.8.7 of this.Ordinance. • e. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. f. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 401.03.E of this Ordinance and shall be subject to approval of the City Engineer. 47 /"'"\ g. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 401..03.8.8 of this Ordinance. h. The entire area shall have a drainage system which is subject to the approval of the City Engineer, i.. The entire area other than occupied by buildings or struttures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. j. All signing and informational or visual communication devices shall be in compliance with Section 401.03.1 of this Ordinance. k. The provisions of Section 401.16.A.5 of this Ordinance are considered and satisfactorily met. 2. Car washes (drive-through, mechanical and self-service)provided that a. The architectural appearance and functional plan of the building and site shall not be dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. c. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.03.8.7 of this Ordinance. e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.03.B.7 of this Ordinance. f. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. g. The entire area shall have a drainage system which is subject to the approval of the City Engineer. h. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 401.03.B.8 of this Ordinance. i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Eng ineer. j. All signing and informational or visual communication devices shall be in compliance with Section 401.03.1 of this Ordinance. k. Provisions are made to control and reduce noise. I. The provisions of Section 401.16.A.5 of this Ordinance are considered and satisfactorily met. 3. Motor fuel station, auto repair-minor and tire and battery stores and service, provided that: 48 a. Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. c. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000)square feet and minimum lot widths of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. g. The lighting shall be accomplished in such a way as to have no direct source of light visible frdtn adjacent land in residential use or from the public right-of-way and shall Be in compliance with Section 401.03.8.8 of this Ordinance. h. Wherever fuel pumps are to be installed, pump islands shall be installed. i. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.03.B.7 of this Ordinance. k. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.03.B.7 of this Ordinance. I. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.03.E of this Ordinance and shall be subject to the approval of the City Engineer. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.03.1 of this Ordinance. n. Provisions are mode to control and reduce noise. o. No outside storage except as allowed in compliance with Section 401.11.D.4 of this Ordinance. p. Sale or products other than those specifically mentioned in this Subdivision be subject to a conditional use permit and be in compliance with Section 401.11.D.5 of this Ordinance. q. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. r. The provisions of Section 401.16.A.5 of this Ordinance are considered and satisfactorily met. 49 ■•1, \, . . 4. Custom manufacturing, restricted production and repair limited to the following: art, neddlework, jewelry precious metals, watches, dentures, optical lenses and medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.A.1 of this Ordinance to the principal use of the property. b. Does not conflict with the character of development intended for this district. 3. The provisions of Section 401.16.A.5 of this Ordinance are considered and satisfactorily met. 5. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.03.B.7 of this Ordinance. b. Storage is screened from view from public right-of-way in compliance with Section 401.03. B.7 of this Ordinance. it c. Storage area is grassed or surfaced to control dust. d. All lighting shall be hooded and so directed that the light source shall not be visible from the ps:blic right-of-way or from neighoring residences and shall be in compliance with Section 401.03.8.8 of this Ordinance. e. The provisions of Section 401.16.A.5 of this Ordinance are considered and satisfactorily met. 6. Open or outdoor service, sale and rental as an accessory use, provided that: a. Outside service, sales and equipment rental connected with the principal use is limited to thirty (30)percent of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.03.B.7 of this Ordinance. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.03.B.8 of this Ordinance. d. Sales area is grassed or surfaced to control dust. e. The provisions of Section 401.16.A.5 of this Ordinance are considered and satisfactorily met. 7. Commercial planned unit development as regulated by Section 401.14 of this Ordinance. 401.12 "I", INDUSTRIAL DISTRICT A. Purpose. The purpose of the "I", Industrial District is to provide for the establishment of warehousing and light industrial development. B. The following are permitted uses in an "I" District: 1. Building material sales and storage. 2. Cartage and express facilities. 3. Electric light or power generating stations, electrical and electronic products manufacture, electrical service shops. 50 Exhibit D A City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 July 13,2005 Mr.Daniel Routson ___ __ _ ___ 1180 W.Frontage Road PO BOX 2237 Stillwater,MN 55082 RE: Cars Parked in Rear Lot—Routson Auto- 14661 N.60th Street. Dear Mr.Routson, I am writing this letter to bring to your attention a situation at the Routson Auto site. Your current operations do include the outside storage of automobiles and trucks.This outside storage is not permitted. Accordingly you must remove the vehicles from the premises that are not owned by your actual customers.Additionally,you must also remove from the premises those vehicles owned by your customers within a reasonable time period,presumably you should have these vehicles no more than a few days to accommodate service,(not including storage)anything beyond that is not acceptable. Should you wish to have exterior storage as an element of your business at this site you must first secure a Conditional Use Permit(CUP)from the City as such requirement falls under City Ordinance—Sec.401-30 E.5.Until such time as the CUP is approved by the City Council,these vehicles as above must be removed from the site. These shall be removed by a date no later than August 31g,2005. If you wish to apply for a CUP you may do so,I have enclosed a copy of the Development Application packet for your info n.I A sh to give me a call I would be happy to go through this material with you. r •hnson Administrator Cc: Mr.Charles O'Keefe,Service Manager Mr.Mark Vierling City Attorney _ 0 1:4,,,,o,',,1,;",_,-=4, ,.a Exhibit D-1 J 0.: „! �,r� TO et a &e 16 200 4 '"tc Wat len rtG` Haz . I-�� ® Kf� 1 @, r c N C 11TY r at a* `4,414 I C O TI GTHE± U I < �, O e �` � 'u tj2 7o �1� fir 4HECa ® A €�- �f e h��i fa�Oa ,P rk Het is a un k Ir a' r n r .....�,,, F gcb �'Rta ¢°i opt a B ® 0 ®, .. Q ci f' S5- ::i h � yw AR 4 fin' At' �� �a.i 'n. is ,i ro s iB f rs 101 hr f g'fi�iic usi di i ' *'” -. »i. ;s, :,f �-€ems. `�r- ;'`. '?.a- '''.411;:T,r is tif�;�ti*p� c f��a t1e t; pf l3 _:•-11,-s Ilc as � 6s t: § 31` a� ,t �: �.�� r1�io���irYY. � ��-'{ �I^'�;;x� �� 4:� s ,""r 3x�'� },: 1 a t ,y;� ta` �- a fu , ,,;`�� �� �. �:: reps-.,,V•,.,4.:,!-74-,-,,,4-7:,.-7-,-:,of �f thereof by the'precedin` sect ion f l' n affect r r, . or-If'-impair any r ht es�f door a r..99 3 or pfoce l lt: e to kr prosecution ,.; risalgall hacfo" rn`me`ncgd sh 1 V,remtlm in ifull forcexand`effect to all intenttss anddpurposeskas of � ��° ipat�ce � �f�o r�peeled had rem�aine�irl�orce��p�offen�se' r,�"nmik� 1.t d andno-,liability y rforfeiture ordinance sgha e repealed or alt d0by �e }Oak E"44 e :� � d ", 1.ted �, peal, 6 s^ir 11 t rla pros *.'_, rk ei is Fb i a dora ct S cfufe repeal a ti r r® [3i s to meets*iabilifies p nalti !o ,, a ure sh i to ? r is s ''� Pi 9 -� � ��� i 1.1, °r t.tl � ', ';E' '1 0.'''',J e� ; i or nd me its c the O �e Such dihen SS S fib' `• e hto• &1 from ti fl`�'to tf me t 'p, ntf t"e:,1- e e 1 i t• An r m � y p iV i n of,ttie itYCo te',dfda f A l i .., msd : r d•upcis gvictip.,n thereof small be pun edb r n of i exceed Hundri d llarsr. "osroO or t.,. .,hs 'no �'ecceed d + a" - e-e''',. hr $4 �t i ». ter. i : { n+e __ t". 'r,,-;424,;-,44;4,... `' 1 n �®at� i' I 'r v xI �s . �d t W.-''T -.,_„ 0.,i^" '.. .c f'� the City�Co�u f forte City pf i 1F e[9 Us is^3t, ,y hf, %e!Tv^to, OAKPAF31f HEIGHTS} r +sP ry F � t 1 L A fi y Y' '••tri_ --lip- - � �' 3ad'�? ' ?,s I Ad r n ' # y, AFFIDAVIT OF PUBLICATION Stiliwater Gazette 5/19/06 MAY 23Z006 1931 Curve Crest Blvd. Stillwater,MN 55082 (651)439-3130 Fax:(651)439-4713 State of Minnesota} ss. County of Washington} The undersigned,being duly sworn, on oath, says that s/he is the Publisher or authorized agent and employee of the Publisher known as the Stillwater Gazette,and has full knowledge of the facts which are stated.(A)The newspaper has complied'with all of the requirements constituting qualification as a qualified newspaper,as provided by Minnesota State Statute 331A.02, 331A.07 and other applicable laws as amended.Printed below is a copy of the lowercase Alphabet,from A to Z,both inclusive,which is hereby acknowledged as being the size and kind type used in composition and publication of the of notice. N. Publisher/Authorized Agent Subscribed and sworn to or affirmed to me ,,� �4 ,MOLLY M.KRESS on this r9 day of (LL/ ,2006. , _ NOTARY PUBLIC / a 0 MINNESOTA , ..F ta/�R�"MyCommissfon ExplresJan.31s2008 ; ■ i r I l Notary" bh I City of Oak Park Heights Invoice#: 00005436 PO BOX 2007 Stillwater, MN 55082 Terms: Net 30 Inches Description Price Total 15 1 Day Ordinance No 2006-101-02 $7.90 $118.50 Published on 05/16 CITY Or ^ r:41)( HEIGHTS f b`r p/OD ,).a(s CLAIMS ENOOI SEMENT % _____ _LOWED IN THE sum,IF$ /19 DISALLOWED ; TH 3 M OF$ 0 DATE $118.50 gI( NATURE cMAI f. Sub Total $118.50 Payment $0.00 Maximum rate per column inch under Balance Due $118.50 Minnesota Law:$16.90 per 12-pica column Page 1 of 2 • • Exhibit E Julie Hultman _z jcik.e_. From: Eric A. Johnson Sent: Wednesday, June 07, 2006 8:54 AM To: Julie Hultman (jhultman @cityofoakparkheights.com); srichards @nacplanning.com Subject: FW: TireProz-Oak Park Heights �(� f- S Attachments: TIRE PROZ-1.jpg; TIRE PROZ-2.jpg �(J I need you guys to work this request . l,Utk; s✓c Thanks (�-r1 C eric From: Jennifer Johnson [mailto:jjohnson @Iawrencesign.com] Sent: Tuesday, June 06, 2006 4:14 PM To: Eric A. Johnson Subject: FW: TireProz - Oak Park Heights Good afternoon, Eric After our discussion, attached is what my client is looking to do. Please also note his comments below (he is looking to remove the pylon to do additional landscaping and to ensure additional wall signage). Can you review this and give me your thoughts on the n possibilities of approval? Any help is greatly appreciated. Thank you, Jennifer Lawrence Sign 945 Pierce Butler Route St. Paul, MN 55104 (P) 651-488-6711 (F) 651-488-6715 (C) 612-518-3045 From: Michael Waich [mailto:mwaich @lawrencesign.com] Sent: Tuesday, June 06, 2006 4:08 PM To: Jennifer Johnson U")`' Subject: TireProz - Oak Park Heights rAC't Just a few ideas to put forth: - Eliminate Pylon, we are going to redo the landscaping out there. - Concentrate on front logo; it should be as large as possible given the proportions and size of the awning. It should also light up even the blue band and "tagline" letters. - White lettering on the side of the building, not lit: "TIRES • WHEELS • SERVICE" • - In our past dealings with the city of Oak Park Heights, the sign space is calculated on the computed total of the individual letters and banding, not the "theoretical" rectangle that fits over the signage. E.g. - If you look at the front of Fred's Tire, the rectangle that the sign "fits" in is over the limit, but the actual lettering summed together is under the limit. 6/7/2006 r� n Page 2 of 2 - We will probably want some lettering on the southwest corner of the building if we have extr•: space available, but we would rather have the front Logo huge and lose the SW corner if neede•. S. Adam Welsh TireProz 14661 60th St. N. Stillwater, MN 55082 kki 651/430-0099 888/312-0099 ► www.tireproz.com sawelsh @tireproz.com r•-■ • 6/7/2006 j i. ��t °' ¢w °2 ¢w¢m° 'tTmmZ°2 ' 24W�m�ti w�C�°EL"ix¢ _22m ♦■ w42 ,¢s¢a22ZOa¢w2o° 4.-Z 1I' II JI w''°"°°amaogp D2fi 8�° '� 4 .. awm°1¢4¢FW4i-2Wwawn Za � awe .o � m -5T{w ypypRd w °m fiFw ¢.. ,w °Tw °ww j 4 °Qwm21 Zo2m° Jm ' CC 4 :.. ;2 iw 12 8 1 a¢w ,4;„.fW°ti w2..zm2m ■i {Q '1118 a wwF¢ra°u2 ¢ Ww� ¢fa¢ �yc�y� eiz Wow°i o ummmF0. 2 _gow i oP»°w G Q∎3 i14 0 a :O ¢ fi¢ x�X ooiw 'uw°wx et a�r�-UOaa41-W°[]i-ti-w�¢OWti P ix 9ssyy 4iw. I - .' J II '' �. ''... 10 �<] d ; t, rl s z k q c. t F U. i tia s <,1 ?" x . .1 • N NUI 7 i 0 Z b t a m 2 N <(I- 0 it 1 g e w td 0 . eke tgti ‹, 41 I E /gig i kill d i'12 i 1 i e' 3 0 41,. . i j w i . 0,17 J Zi z f ..L-.5 I i 1 7 d - Z Cr a.. m �� g� ¢w oz ¢w¢m❑ wmw�mp g ?42 wao¢~�o po ~�'�m- Fm aia w m y pmT W o_dw m ww4 g:i m opma�i�i ❑¢ pow ¢' �s m ~ SF WOU p~ mm= o�atiU mmmmw wut Wc",.-pwis-zpp1'd„`¢Za .may i'wuw� Eaq mTwm �w"�a 11�\ j k p¢� 'd jJL m~ w�� wfrtmLLZ�ly2J �` 7 mw= ❑¢o,'¢V.. w �w '�om�F 6W d 2m °m �2ao m ¢i2 Np R 'd ¢❑wwOm d. ¢ m4 �mww z r 1 iz 8 d¢2y`2¢ gF a2 ig2¢�Wm2Fm L L S d w Q ;,8 ,2 e ' a �d ¢Tapp[=agmm¢n� f ”' . wowoY�='T¢¢;pw WF „,.i _,,.2 "x'woi V �SQ 0 O ❑ ¢ �irttiuoaa 4wo[i F,0 ¢uwF. uti 4 - t ". �c w g 0 C)1 4• c$! rrn..• ,t r``; I - U. Y of 4 �{ hA W • ;� (1) ; ail liii n P ,4(..41 , ‘ 0 �1 Z ii{[rs' Y Y/ .„. . ,..„, ,:,...., u e z 0 ,, gli '''' fr m Ill . °8 !0 g it P- '� IIIC '''''C°4 .' ...`• i W J G' 0' Z i z , CC 0 EL Z Page 1 of 2 Julie Hultman From: Julie Hultman • / Sent: Tuesday, June 27, 2006 9:31 AM To: 'jjohnson @lawrencesign.com' Subject: RE: [SPAM][SPAM]TireProz -(currently Routson Svc Center) 14661 60th St. N. Jennifer— Anything going on with TireProz. Last I heard Jay said they were working through some ideas. I've notice that the facade has been painted and there are temporary banners up front at the moment. These have been up about a week at this point in time. Thanks, Julie From: Jennifer Johnson [mailto:jjohnson @lawrencesign.com] Sent: Monday, June 12, 2006 12:55 PM a Ma l v To: Julie Hultman Subject: [SPAM][SPAM]TireProz - (currently Routson Svc Center) 14661 60th St. N. VP4tCl Good afternoon,Julie That is correct, Routson Service is vacating the premises and Tire Proz will be occupying and conducting their business within. Also, they are looking to remove the pylon sign. I've attached a revised drawing for the front logo sign, without a white illuminated cabinet. Can you review it and let me know if that now complies with City code? Is there a way to make the sign on the side of the building so that it would be considered as one sign? For example, if we put a box around it. Any help is greatly appreciated. Thank you, Jennifer From: Julie Hultman [mailto:jhultman @cityofoakparkheights.com] Sent: Friday, June 09, 2006 4:02 PM To: jjohnson @lawrencesign.com Subject: TireProz - (currently Routson Svc Center) 14661 60th St. N. Jennifer— City Administrator Johnson asked that I communicate with you relative the changes to the signage at the above- referenced property. It is my understanding that Routson Service will be vacating the premises and that Tire Proz will be occupying and conducting their business within. Based on the information provided by yourself and Michael Waich of your company, they will be eliminating the pylon sign at the sign for landscaping redo. Naturally, the City has no objection to the removal of the sign. The front logo sign size is fine as proposed; however City Ordinance does not permit white lit backgrounds anymore, thus the proposed illuminated cabinet in white is not permissible. The white letter on the side of the building is not allowed as presented. The proposed signage here is 3 signs and 6/27/2006 ' Page2of2 City Ordinance only allows for two signs to the building total. n This being said, if you would like to have the three signs on the east side of the building and are considering something to the SW of the building, it will need to be granted by Conditional Use Permit. Our full zoning ordinance, with sign regulations, may be viewed at our City web page. For your convenience I have pasted the link to the section regarding signage for B-2 zoning. If you cut and paste this into your browser it should bring you to page 169 of Zoning Ordinance 401. http://www.cityofoakparkheights.com/vertical/Sites/{22E6E0E6-5B6F-460C-B43E-F48433F4DDAB}/uploads/ {A21 5F1 B2-7284-4265-8D68-06F83628BCF5}.PDF Please review our ordinance and confer with your client and advise me as to how you wish to proceed. Thank you, Julie Hultman Planning & Code Enforcement Officer City of Oak Park Heights 6/27/2006 �Iw Julie Hultman pin From: Julie Hultman went: Monday, June 12, 2006 3:19 PM i'o: 'Accounting Department' Cc: 'jjohnson @lawrencesign.com' Subject: RE: [SPAM]TireProz Correspondence Based on the calculations provided, • -••-- •-t ou will •- - • -• • • 1 I • -- • ••• - -- • - This includes wall and free standing signage. If you wish to extend to a higher percentage or more than two signs a conditional use permit will be required. Please submit your revised drawings and a permit application when you have them prepared. Note that while email is good I will ultimately need a hard colored copy of them for the files. --- Thank you, Julie Hultman Original Message From: Accounting Department[mailto:accounting @tireproz.com] Sent: Monday, June 12, 2006 2:52 PM To: Julie Hultman Subject: [SPAM]TireProz Correspondence Per our conversation: (i,c,44' L (Jo 1 2'7, Front of building: 850 sq.ft. X I . c `; ------- Side of building: 2055 sq.ft. hanks, _ '3 c LL6.u_6 1 T04-)I_. Jay Andrews TireProz Cu hi F� t�ni (0. I-1 I 14661 60th St. N. Stillwater, MN 55082 651/430-0099 888/312-0099 Fax: 651/286-0588 www.tireproz.com sawelsh @tireproz.com 1 Julie Hultman rom: Julie Hultman ent: Friday, June 16, 2006 9:40 AM fo: 'Accounting Department' Subject: RE: [SPAM]TireProz Correspondence Great! Thanks Jay. Good luck with your new endeavor! Julie Original Message From: Accounting Department[mailto:accounting @tireproz.com] Sent: Friday, June 16, 2006 9:11 AM To: Julie Hultman Subject: RE: [SPAM]TireProz Correspondence We are still gathering bids and finalizing the design. We will run the final design past you. I am no longer with Fred's Tire. I started TireProz"A completely new concept in tire and wheel buying." Jay Andrews TireProz 14661 60th St. N. Stillwater, MN 55082 651/430-0099 888/312-0099 Fax: 651/286-0588 www.tireproz.com i■accounting @tireproz.com Original Message From: Julie Hultman [mailto:jhultman @cityofoakparkheights.com] Sent: Friday, June 16, 2006 8:32 AM To: Accounting Department Cc:jjohnson @lawrencesign.com Subject: RE: [SPAM]TireProz Correspondence Jay and Jennifer- How goes the status of signage design? I see the banner is up and operation is underway. Jay-aren't you with Fred's Tire too? Julie Original Message From: Accounting Department[mailto:accounting @tireproz.com] Sent: Monday, June 12, 2006 2:52 PM To: Julie Hultman Subject: [SPAM]TireProz Correspondence Per our conversation: Front of building: 850 sq.ft. Side of building: 2055 sq.ft. Thanks, ^lay Andrews ireProz 14661 60th St. N. Stillwater, MN 55082 651/430-0099 888/312-0099 Fax: 651/286-0588 www.tireproz.com 'awelsh @tireproz.com 2 ,.� Page 1 of 2 Julie Hultman [ ' iot �- ° � (lac c From: Julie Hultman ( 46 u Opp Sent: Friday, July 14, 2006 2:27 PM T To: 'Scott Richards' ntu f((Q�' jou � Subject: RE: Tire Proz- 14661 60th St. N. Wi� U Earlier conversation with the site indicated they would be allowed up to 300 sq. total for the site so with everything else gone at this time they are in line with their requirements. n fip0 -�p, , Oj Thanks, Julie j -� `� `� a- .tA CA '= .np.n'ial. From: Scott Richards [mailto:srichards @nacplanning.com] Sent: Friday, July 14, 2006 9:23 AM To: Julie Hultman Subject: Re: Tire Proz - 14661 60th St. N. Julie: The first sign appeared to be three signs with three separate messages. The new sign is a complete phrase. Are they allowed this much signage? If so, I don't have a problem with it. Scott Original Message From: Julie Hultman To: srichards @nacplanning.com Cc: Johnson - Eric A. (Eric A. Johnson) Sent: Thursday, July 13, 2006 3:02 PM Subject: Tire Proz - 14661 60th St. N. Scott, Bob Siegel of Sign-A-Rama was in today with some revised drawings East side of the Tire Proz Building. This is the former Goodyear Building and most recently the former Routson Auto. It was his understanding that Jay Andrews and you had a conversation about the sign and you felt that this one "Complete Auto Service"would be acceptable. The first sign proposal that came through, from Lawrence Sign, was for a sign of the same styling and overall size. It also consisted of three words with dots between them. This sign was considered unacceptable as it was considered to be 3 signs. I am curious as to why the Sign-A-Rama sign is potentially okay with the same size and number of words and in its phrasing seems to be more advertisement oriented that the earlier submission. Could you please clarify for me. I appreciate your putting up with my inane questions, but I am attempting to get something of a decent grasp on this thing. Also please let me know if the proposed "Complete Auto Service" is satisfactory and I may issue a permit for the same. Just a final note on the site, Mr. Andrews has removed the larger pylon sign at the corner of the site. Thanks a bunch © Julie 7/14/2006 TY OF OAK PARK HEIGHT PERMIT NO.: 2006-00174 14168 OAK PARK BLVD. N. #2007 OAK PARK HEIGHTS, MN 55082-2007 DATE ISSUED: 07/27/2006 (651) 351-1661 FAX: (651) 439-0574 ADDRESS : 14661 60TH ST N PIN : 04-029-20-12-0004 LEGAL DESC : N/A : LOT 0 BLOCK 0 PARCEL 0 PERMIT TYPE : SIGN PROPERTY TYPE : COMMERCIAL CONSTRUCTION TYPE : SIGN NOTE: INSTALL SIGN TO EAST SIDE OF BUILDING OVER SERVICE DOORS PER APPROVED PLAN AND IN ACCORDANCE WITH CITY ZONING ORDINANCE. 3'X 60-3"SIGN OF WHITE LETTERING,NON ILLUMINATED-"COMPLETE AUTO SERVICE." SIGNAGE TO SITE SHALL COMPLY WITH CURRENT OPH ZONING ORDINANCE AND SIGNAGE ALLOWANCES. APPLICANT SIGN FEE 50.00 TOTAL 50.00 SIGN-A-RAMA 1506 BUERKLE RD PAID WITH CHECK# 4304 VADNAIS HEIGHTS,MN 55110- (651)773-2055 OWNER VIOLET E KERN PO BOX 1484 MINNEAPOLIS, MN 55480- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to: (1)the conditions of this permit;(2)the approval plans and specifications;(3)the applicable city approvals,Ordinances,and Codes; and,(4)the State Building Code.This permit is for only the work described,and does not grant permission for additional or related work which requires separate permits. This permit will expire and become null and void if work is not started within 180 days,or if work is suspended or abandoned for a period of 180 days any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the Minnesota State Building Code. SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. I— co --4) N .-‘''''c 0 E IIIMMINI W J �„ C z Lc)= a 00 c 0J Z J o a cc' o Q 0Q ` fa re ° ''::---- ,=:r --. . ,. . imiiiit:..e-,:l ,,,iivitstau-::-..., ..- ,... ..W `r' ' �: .! > W M gym , G. W IV _ Im co co ce ; � , - O X 4 Q a r � III Z O � M in- a i- ' ,;::::"-.1±?A''','*,,A.,-7,2-401,',741'..00,T2`,41.r.orz.b,'5.,..'„,-,,g,4,..p.t,A. x 74 .,--.:1: .:i ":: L ,2 ,7 t ,, s ate+ r" "' .4 a t _ z cf., O �a `n, C....,It.,..) e,, l roa N!c; ph, 1114:11: . ter O W 1. 3.Y�F3i5` ,y, .11101( <C Z.* —I Lei- - U c( L W tal C' w T Z a MIN Ca U '' 11 CO V U CIO ° x P Page 1 of 1 Julie Hultman From: BOB SIEGEL [bsiegelsigns @yahoo.com] Sent: Monday, August 07, 2006 8:33 PM To: Julie Hultman Subject: Re: TireProz -Oak Park Heights Hi Julie, Sorry I did not get back to you earlier. My installer is on vacation so I have been out hanging signs. I'm way too old to be walking on I beams. Anyway, Jay has decided to go with the original TireProz design without the Routson name. He has removed the banner on the boulevard. I will be in on Tuesday or Wednesday to apply for the permit for the permanent sign on the front of building. Thanks, Bob Siegel Good-morning Bob Where are you and Mr. Andrews at in design discussion for the storefront sign for Tireproz/Routson? Currently he has 3 temporary banners up that have been up for a few weeks already. We need to get his sign squared away soon as the banners are not generally permitted to remain for such lengthy periods. Thanks, Julie Bob Siegel Owner SIGN *A* RAMA MAPLEWOOD-VADNAIS HEIGHTS 651-773-2055 FAX 651-773-2066 See the all-new, redesigned Yahoo.com. Check it out. 8/9/2006 Y OF OAK PARK HEIGHT` PERMIT NO.: 2006-00223 14168 OAK PARK BLVD. N. #2007 OAK PARK HEIGHTS, MN 55082-2007 DATE ISSUED: 08/21/2006 (651)351-1661 FAX: (651) 439-0574 ADDRESS : 14661 60TH ST N PIN : 04-029-20-12-0004 LEGAL DESC : N/A : LOT 0 BLOCK 0 PARCEL 0 PERMIT TYPE : SIGN PROPERTY TYPE : COMMERCIAL CONSTRUCTION.TYPE : SIGN NOTE: INSTALL SIGN TO NORTH SIDE OF BUILDING @ STORE FRONT PER APPROVED PLAN AND IN ACCORDANCE WITH CITY ZONING ORDINANCE. APPROX.7.2.5 SQ.FT. TOTAL PERMITTED SIGNAGE(E&N=APPROX. 190 SQ.FT.) RED ILLUM TIRE PROZ W/BLUE HALO LIGHTING,&WHEEL EXPERSTS WHITE WITH RED HALO LIGHTING. SIGN TO BE PLACED ON DK BLDG.FACADE. i APPLICANT SIGN FEE 50.00 TOTAL 50.00 SIGN-A-RAMA PAID WITH CHECK# 4358 150,6 BUERKLE RD VADNAIS HEIGHTS,MN 55110- (651)773-2055 OWNER VIOLET E KERN PO BOX 1484 MINNEAPOLIS,MN 55480- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to:(1)the conditions of this permit;(2)the approval plans and specifications;(3)the applicable city approvals,Ordinances,and Codes;and,(4)the State Building Code.This permit is for only the work described,and does not grant permission for additional or related work which requires separate permits.This permit will expire and become null and void if work is not started within 180 days,or if work is suspended or abandoned for a period of 180 days any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the Minnesota State Building Code. SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. i� °oJ ¢u�o2 ¢u¢utl 1u�2¢¢' 7 r.uJU 4 �¢2J242x¢o_22u C) g3 #g8 ,iuuYQou22P.1¢¢2n¢°�`2 '1 tl°°Q °2°x4°°Fx 240 ¢J 0 _ ¢u6tl li¢°¢°VSO YOY}OQ cu*pee e xz4 Fu�° 3{�2° 2uo on°¢P ~ J 4¢tl Q4Q°°JU�J°°°ou�io 1118 111 1 ice\ i i = 4ui°ci°xu]4F!,1∎1] ( 2a°LUiu4Lj2L2p=u8QU°<2 iiY o[ .;_■ yaf tt FF I d 'i$ 1¢Wy >¢°¢ ou�2#�2¢4uu<o]uu i YU ¢QUyt..2'i. >Zo¢42¢u4Q®1 w y H!� r < xx2 uE¢ o ¢¢ uF ¢u 7 {�7 1 rf d '..a u¢utlu FY¢¢.0 xF uuy23uFLx ft 9 U Q I a 1 w O O �.� S 6 S¢l]J4OOx }( °L 461114 tl¢6641I tl°44V QJ QO Q4 artz-d 1 0 -. d ''''':i:'1::*-:4- --:',..: 4 r . , . 1. ,, . ,...., $ ..; �` v U. r '� . 1 s it ' . - (: 3' t 4 itik, i' ''' . U)Ititi.i i z w : w i \ : ' a -' W to z cc u 0 0 8..,:„.. ...,,,,,,,.r.4.i.s.1*.r.‘„, -..c "*.... a,,182 W w _ t-.� ' 0 I itEl . . p, J Read: TireProz - 60th St.N. - 1son Signage ^ Page 1 of 1 Exhibit F Julie Hultman From: Accounting Department[accounting @tireproz.com] Sent: Monday, October 23, 2006 8:56 AM To: Julie Hultman Subject: Read: TireProz -60th St. N. - Routson Signage Attachments: ATT44919.txt Your message To: Accounting Department Cc: Johnson-Eric A. (Eric A.Johnson);jbutler @cityofoakparkheights.com Subject: TireProz- 60th St.N.-Routson Signage Sent: 10/23/2006 8:54 AM was read on 10/23/2006 8:54 AM. 10/23/2006 Page 1 of 1 Julie Hultman From: Julie Hultman Sent: Monday, October 23, 2006 8:54 AM To: 'Accounting Department' Cc: Johnson - Eric A. (Eric A. Johnson); Jim Butler(jbutler @cityofoakparkheights.com) Subject: TireProz -60th St. N. - Routson Signage Tracking: Recipient Delivery 'Accounting Department' Johnson-Eric A.(Eric A.Johnson) Delivered: 10/23/2006 8:54 AM Jim Butler(jbutler @cityofoakparkheights.com) Jim Butler Delivered: 10/23/2006 8:54 AM Hi Jay — Please have the Routson sign at the east side of your building removed from the E. side of the building by October 30,2006. As you recall during our conversations, during the process of obtaining permit approval for your TireProz business, only two signs are allowed at the building and those must be within the square footage limitations for your zoning district. Right now, TireProz has been issued permit for and has installed two signs to the business at the max of sq. footage allowed. As it sits, the Routson sign is in violation of Oak Park Heights zoning ordinance and must be removed from the building. If you would care to discuss this, please feel free to contact me. Thanks for your anticipated cooperation Jay, Julie Hultman Planning & Code Enforcement City of Oak Park Heights Direct: 651.351.1661 Email:jhultman @cityofoakparkheights.com 10/23/2006 Exhibit G Julie Hultman From: Eric A. Johnson Sent: Wednesday, November 29, 2006 1:50 PM To: S. Adam Welsh Cc: Julie Hultman Subject: RE: TireProz Sign Request Yes on the Open at 6am banner per the timelines you offer, but only after you remove the other sign now affixed to the building. Eric Johnson Original Message From: S. Adam Welsh [mailto:sawelsh @tireproz.com] Sent: Wednesday, November 29, 2006 10:59 AM To: Eric A. Johnson Subject: TireProz Sign Request Hi Erick, As part of our Thanksgiving-Christmas sale, we would like to keep the TireProz Logo sign on the southwest corner up until Christmas. I Additionally, we would like to display the"Open at 6AM" banner for two weeks beginning Monday December 4th and running through to Saturday evening December 16th. Please reply if this is approved, and thanks in advance. S. Adam Welsh TireProz 14661 60th St. N. Stillwater, MN 55082 651/430-0099 888/312-0099 Fax: 651/439-6650 www.tireproz.com 1 .CITY G� Exhibit H j � 0 AK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 December 6, 2006 Mr. Jay Andrews --- — —__.. -- — — — ----—-- --TireProz 14661 60th St.N. Oak Park Heights,MN 55082 Re: Signage Allowance: B-2, General Business District Zone Dear Mr. Andrews: I began communicating with you and your sign installer regarding signage allowances in June of this year. Allowable signage for your business zone is detailed in City Ordinance Section 401.15.G.9 District Regulations under section d., subsections 1 through 3. In short this section allows the TireProz site to have one freestanding sign no larger than 100 square feet in size and a maximum of two wall signs. Cumulative allowable signage for the entire site, including all signage,and in the case of TireProz is based upon15% of the front building façade and the smallest building façade facing a street,but may be no greater than 300 square feet unless approved by conditional use permit. This is the same section I used when responding to your inquiries on signage allowances for the TireProz store. On June 12, 2006, in response to your email, wherein you provided me with the square footage for your building front at 60th St. and its side at Oren Ave.,totaling 435.75 sq. ft., I advised you that it appeared that you would be allowed up to 300 square feet of sign area total, which would include all wall and freestanding signage. I noted that if you wished to extend to a higher percentage of signage or beyond the allowed number of two wall signs allowed,that a conditional use permit would be required. Permit 2006-00174 for an approximate 180 sq. ft. wall sign to be located over the garage doors at your buildings east side was issued to Sign-A-Rama on July 27, 2006. This sign was placed as permitted. Tree City U.S.A. r Permit 2006-00223 for an approximate 72.5 sq. ft. wall sign to be located over the store front at the your buildings north side was issued to Sign-A-Rama on August 21, 2006. This sign was placed as permitted. With these two wall signs, you have met the maximum number of wall signs permitted by City Ordinance and have a total accumulation of approximately 252.5 sq. ft. of wall signage in place. I have included copies of these permits for your reference. On or about December 1S`, you have added additional wall signage to the east side of your building which says Routson. This signage is in violation of City Ordinance and a misdemeanor offense. The sign is to be removed no later than Friday, December 15., 2006. Meanwhile, once again, please be reminded that if you wish to extend your signage allowance beyond 300 sq. ft. or the number of allowable wall signs beyond two, you are required to apply and seek approval for a Conditional Use Permit to do so. For your convenience, I have enclosed a copy of(1) City Ordinance Section 401.15.G.9.d.1-3 (2) our June 12,2006 email communication(3)the referenced sign permits issued and(4) a Development Application, should you wish to pursue a Conditional Use Permit. Should you have any questions,please feel free to contact City Administrator Eric Johnson or myself. Sincerely, f JI.i ie Hultman Planning & Code Enforcement Officer pc: Eric Johnson, City Administrator Building Official, Jim Butler Property File- 14661 60th St.N. Page 1 of 1 Exhibit I Julie Hultman From: Julie Hultman Sent: Wednesday, December 20, 2006 1:01 PM To: 'Accounting Department' Subject: TireProz - 14661 60th St. N. Importance: High Hi Jay— Just a quick note to follow up on the signs at the TireProz 14661 60th St. location in Oak Park Heights. 1st— Per your agreement with City Administrator Eric Johnson the"Open at 6 a.m." sign was to be removed the morning of December 17th. As of this morning the sign was still in place. Please remove it today. 2nd - Per that same agreement the TireProz logo sign on the SW corner of the building was to be removed. If it has not been removed, please do so today also. 3rd—The "Routson" lettering is still in place at the NE corner of the building. I wrote you on December 61h regarding this sign. The sign was to be removed by December 15th. As of this morning the same remains in place; when will it be removed? Please be reminded that if you wish to have signs beyond the scope of those permitted by City Ordinance, you may apply for a variance for the number and/or square footage for your business site. Julie Hultman Planning & Code Enforcement Officer City of Oak Park Heights 12/20/2006 ` Y I Julie Hultman From: postmaster @cityofoakparkheights.com Sent: Wednesday, December 20, 2006 1:01 PM To: Julie Hultman Subject: Delivery Status Notification (Relay) Attachments: ATT71988.txt; TireProz- 14661 60th St. N. ATT71988.txt(424 TireProz- 14661 B) 60th St. N. This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. accounting @tireproz.com 1 Page 1 of 2 Exhibit J Julie Hultman From: Eric A. Johnson Sent: Tuesday, January 09, 2007 9:58 AM To: Julie Hultman Subject: RE: TireProz- 14661 60th St. N. It is unfortunate that it has to come down to threats of a ticket, but sometime that is what some people only understand. eric From: Julie Hultman Sent: Tuesday, January 09, 2007 8:59 AM To: eajohnson @cityofoakparkheights.com Subject: FW: TireProz - 14661 60th St. N. Hey E— Mr. Andrews has responded to your conversation with him and directive to have the sign down by today. It was removed when I went by there this morning. ' Gotta lean your technique. © Julie From: Accounting Department [mailto:accounting @tireproz.com] Sent: Wednesday, December 27, 2006 10:09 AM To: Julie Hultman Subject: RE: TireProz - 14661 60th St. N. Thank you for reminding us about the banner out front, we're sorry. The SW corner sign has been removed. We intend to apply for a variance on the NE corner lettering. We're trying. S.Adam Welsh TireProz 14661 60th St.N. Stillwater,MN 55082 651/430-0099 888/312-0099 Fax: 651/439-6650 www.tireproz.com From: Julie Hultman [mailto:jhultman @cityofoakparkheights.com] Sent: Wednesday, December 20, 2006 1:01 PM To: Accounting Department Subject: TireProz - 14661 60th St. N. Importance: High Hi Jay— Just a quick note to follow up on the signs at the TireProz 14661 60th St. location in Oak Park Heights. 1/17/2007 r Page2of2 . n r1 1st—Per your agreement with City Administrator Eric Johnson the"Open at 6 a.m." sign was to be removed the morning of December 17th. As of this morning the sign was still in place. Please remove it today. 2nd - Per that same agreement the TireProz logo sign on the SW corner of the building was to be removed. If it has not been removed, please do so today also. 3rd—The"Routson" lettering is still in place at the NE corner of the building. I wrote you on December 6th regarding this sign. The sign was to be removed by December 15th. As of this morning the same remains in place; when will it be removed? Please be reminded that if you wish to have signs beyond the scope of those permitted by City Ordinance, you may apply for a variance for the number and/or square footage for your business site. Julie Hultman Planning & Code Enforcement Officer City of Oak Park Heights 1/17/2007 CITY C Exhibit K '' OAK PARK HEIGHTS 14168 Oak Park Boulevard No • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439 4439 • Fax:651/439-0574 May 14, 2007 Mr. Jay Andrews Manager TireProz Routson Auto Service Center 1,44611604443t11. .,,144:_. Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Re: Automotive Sales & Storage Container Dear Jay&Routson Auto Service Center Manager: Over the weekend, "for sale"vehicles were observed at your business site, as was an outside storage container at the rear of the site. ALSO Please be advised that"for sale" vehicle operations and outside storage are not permitted within the district zoning for your business without an approved Conditional Use Permit, which has not been issued to the site. Please contact me if you would like to apply for a Conditional Use Permit,keep in mind that this requires final City Council approval and is not guaranteed. Please have the "for sale"vehicles and the storage container outside the business premises removed within 14 days of the date of this letter. Thank you for your anticipated cooperation. Sincerely, 911idJue Hultman Planning& Code Enforcement Officer JH: cc: Eric Johnson, City Administrator Tree City U.S.A. CITY 0, , _ Exhibit L OAK PARK HEIGHT 14168 tiak:Park,Boulevard No •,P.a.1ox'2607 Oak par heights,MN 55Qa2-2007•Phone:651/439 4439 •Fax 65.1/437.0 74 . September 5,:2007 - Mr Jay Andrews Tit eProz 14661 60th stna . Oak park 11eights,MN 55082 Re.. Outside Storage, Special Event Advertising and Vehieles - 'Dear Mr.Andrews: On May 14,'2007 I•wrote•to;you regarding"for sale"vehiclea-and an outside stor�a$e container at your-busiiiess site informed you tn_at"for sale"vehicle operations and outside storage:are"nat permitted wittiin:your business site's zoning district without'alloyed approved Conditional Use Perri it_ I requested that the'vehicle and eantaii er be`rem . with n 14 days;of the May 14,2007 date.upon_the letter and:asked that you contact me if you wished to apply for a Conditional Use Permit(CUP' ;, Prior,to the fourteen(14) day tin).* e.period elapsing,you called to let-me,irnow, t atthe vehicle for sale at tlrie<site belonged to-your wife:.and vas no:longer on site Additionally, you discussed the storage containers located to.the rear and-to the west side of your business_site with myself and had a lengthy conversation n with City Adriiini5trator, Eric To i>ison about outside‘storage regulations lie informed you;that,outside,starage is - considered to a:conditional'use tothe business and as such a CUP was required''PIe asked you to4stop by City Hall with a site ph rand to discuss your request needs that he could walk you through the process as,to what would be:required for a‘CUP - application submittal Eric;also let you know that while you were actively working on, the CUP.process,he would-'temporarily allow youth keep the storage containers,which 'are currently in violatiQn of-Oak-Park Iieights.Zoning Ordinance regulations,in place,'. To date;:we have not heard from you nor have we been provide an application for CUP consideration• I am enclosing a Development Application for your use in applying for a cup_f..or outside,storage col sideration.September 12/t is the:cutoff date for an;October. public hearing ByeSeptember 12,2007;:your application needs ta°be received by the- - 'City or you need to-remove the storage containers from your business site Should neither one of these items occur,the City will be,required to initiate enforcement proceedings. Tree City tJ S.A In addition to the foregoing'_the City notes that your site,contains several vehicles that appear to have been parked at'your-site for a lengthy.periodof"tinier There are several City ordinances that govern the condition of parked vehicles upon both private and public areas as well as the length of time that they may be parked :Generally speaking,all the vehicles on site must be currently licensed and have valid_annual tabs. .Vehicles being serviced or those considered to het-ion-operable,partially dismantled or junked and/or being used for parts,may not remain on any property for any period longer than 72 hours,unless they are within an enclosed building'. With this in;m nd I ask that you inventory your parking area.to ensure that you are in compliance with the license,ta b aiid. 72-hour parkingregulations. Also,your site is not approved for general `outside-storage' of vehicles stemming from off-site operations regardless cif the vehicles operability or licensure status. Please remove all vehicles rorn yourproperty that are not directly:being;serviced byTireProz within the above 72-hour<lnmt Outside storage of veinucies.is,permissible only by Conditional Use Permit,.which is something you mayyadditionally requestmn your - application for that perxriit. Lastly,the tire stacks enclosed with an,advertisement cover and tire display racks placed outside are also°considered-outside:storage/display and must be relocated to the`uitenor . of your business and remain there,unless':you have applied for an have received a special event permit.for.the advertisement display. Please do this.immediately. Note that similar operations within the City will be advised of this rule:. Please be reminded that violations of City Ordinances are considered misdemeanor violati-ot s.Failure to comply with this.parking/storage requires by4.30 P.m., September 12,2007 will leave no alternative but to begin enforcement proceedings. As you.iray have questions about the contents of this correspondence, City staff is " prepared=to meet with you to discuss each of the items herein in further detail should you so.•desire. Please contact me if you wish to set up such a meeting, Sincerely; E , I le A Hultman planning 8& Code Enforcement Officer 7II Enclosure:'Development"Applrcatioim pc Eric Johnson, City Administrator Mark Vierling City Attorney Lindy Swanson,Police Chief Property File CITY 0 ,� Exhibit M OAK PARK HEIGHTS 14168 Oak Park Boulevard No.• P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 September 17, 2007 Mr. Jay Andrews TireProz 14661 60th St.N. Oak Park Heights, MN 55082 Re: Outside Storage, Special Event Advertising and Vehicles Dear Mr. Andrews: Thanks for visiting with City Administrator Johnson and I last Tuesday. Just to follow up on our conversation, it is my understanding that you are working on either purchasing the site you currently conduct business within and are also looking at the possibility of building your own site east of Hwy. 5 on what is presently known as Memorial Ave.N. To this end,we suggested that you visit with us again for a pre-project meeting with staff and our contract consultants on Wednesday morning. In light of the original circumstances of our meeting on 11t,we would anticipate having this meeting occur within the next few weeks. Such a meeting should be able to give you a feel for what would be needed from the City for a new construction as well as provide an opportunity to have any questions you have answered. Please call me at to schedule this meeting. Meanwhile, City Administrator Johnson indicated that he was able to provide you some consideration with your current site while you work through a purchase possibility or relocation;however the City does expect: 1. Tire displays and other temporary advertising/outside storage items be kept within the business structure,unless you have obtained a special event permit for their display. 2. That you maintain vehicle parking at your site for customer service work only and that you adhere to the 72 hour parking regulation, as well as the regulations requiring current licensure and valid annual tabs. In no case shall vehicles considered to be non-operable,partially dismantled or junked and/or being used for parts,remain on site for any period longer than 72 hours,unless they are within an enclosed building. Tree City U.S.A. n 3. That the outside storage containers, which are presently in violation of City Ordinance requirements, be removed not later than June 1st, 2008. You may apply and potentially secure a Conditional Use Permit for these but this is a process that you must proactively pursue. We also discussed"for sale"vehicles at the site and window signage. I have enclosed information for you on these items as found within City Ordinance 401. However, you may not have car for sale at the site other than a singular vehicle that is titled in your name. Please let me know if you have any questions regarding the information. Kindly contact me prior to the end of this month to schedule a pre-project meeting or advise me of the status of things so that we can move forward from that point. Sincerely, Jul A. Hultman Planning& Code Enforcement Officer JH: Enclosure pc: Eric Johnson, City Administrator Mark Vierling City Attorney Lindy Swanson,Police Chief Property File 401.15.B. 20.Sales in Residential/Commercial Areas. a. Personal Vehicles. 1) Vehicles sold in residential/commercial areas shall be the personal property of the home or business occupant. 2) Sales of personal vehicles shall be limited to no more than one (1) vehicle per calendar year, unless approved by the Zoning Administrator. 3) Vehicles for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway. 4) For sale signs on or in which vehicles shall be limited to two (2) square feet. 401.15.G.6. Permitted Signs In Any Zoning District. The following signs are allowed without a permit unless otherwise specified. These signs, if placed in accordance with the following standards, will not apply toward maximum allowable sign area, but shall comply with all other applicable provisions of this Ordinance. 401.15.G.6.c. Permanent Window Signage. Shall not exceed twenty-five (25) percent of the total area of the window in which they are displayed. Lettering used in permanent window signage exceeding three and one- half (3.5) inches in height shall be included in the calculations of allowable sign area permitted on that side of the building. Use of neon for permanent window sign shall be allowed within the requirements of this section. Neon. Neon signs shall be limited to channel letter signs, logos, and permanent window signage in the R-B, B-1, B-2, B-3, B-4, B-W and I Districts. 401.15.G.6.d. Temporary Window Signaqe. Temporary window signs shall be permitted within the R-B, B-1, B-2, B-3, B-4, B-W and I Districts, providing that they do not exceed ten (10) percent of the front building facade. Definition — Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. Exhibit N Meeting Attendance Date: October 10, 2007 @ 10:30 a.m. Application(s)/Subject of Discussion: TireProz - Business Relocation (Kern Center Area) Name Organization Phone Number Butler, Jim OPH - Building Official (651) 275-9590 ❑ Carmichael, Brad Fire Marshall (651) 402-0789 ❑ Hoist, Judy OPH—Deputy Clerk/Finance Director(651) 439-4439 `4( Hultman, Julie OPH-Planning & Code Enforcement (651) 351-1661 7(i Johnson, Eric OPH —City Administrator (651) 439-4439 ❑ Ozzello, Tom OPH — Public Works Director (651) 439-4439 Postler, Dennis Bonestroo &Assoc/City Engineer (651) 604-4815 Richards, Scott NAC, Inc./City Planner (763) 231-2555 ❑ Swanson, Lindy OPH — Police Chief (651)439-4723 /XI Vierling, Mark Eckberg, Lammers, Briggs, Wolff&Vierling/City Attorney (651) 351-2118 • Widin, Kathy PHA, Inc./City Arborist (651) 439-4439/436-8811 ❑ M( }-pefer - 69- 35-1. )16,D 1A-y AriNzews 1)12-1‘ rap it-- ❑ ��►�► 4A) 65/- ' 4833 octO CITY Or Exhibit 0 OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 December 12, 2007 Mr. Jay Andrews TireProz 14661 60th St.N. Oak Park Heights, MN 55082 Re: Outside Storage and Vehicles Dear Mr. Andrews: Please be reminded that: 1. Tire displays and other temporary advertising/outside storage items are to be kept within the business structure,unless you have obtained a special event permit for their display. As of today, you have two racks of tires at the end of the site access to the east. Please pull these racks into the interior of the business structure. 2. You are expected to maintain vehicle parking at your site for customer service work only,with good faith customer service work orders,and that you adhere to the 72 hour parking regulation, as well as the regulations requiring current licensure and valid annual tabs. Please be reminded that in no case shall vehicles considered to be non-operable,partially dismantled or junked and/or being used for parts,remain on site for any period longer than 72 hours,unless they are within an enclosed building. 3. Lastly,that the outside storage containers,which are presently in violation of City Ordinance requirements, are to be removed not later than June 1st,2008. As has been advised, you may apply and potentially secure a Conditional Use Permit for these but this is a process that you must proactively pursue. The above information was relayed to you in my September 17, 2007 communication to you. With this letter you are being requested to move the tire racks to the interior of the business structure and to remove all vehicles being stored and not being held with good faith customer service work orders for them. Tree City U.S.A. The tire racks and vehicles are to be moved no later than 4:30 p.m., December 20, 2007. After this date and time,the site will be checked for compliance. If it is not found to be in compliance the matter will be forwarded to the Police Department for citation. Contact me immediately should you have any questions regarding this request. Sincerely, H.1114/T10,--C1 Julif A. Hultman P1 ng& Code Enforcement Officer JH: Enclosure pc: Eric Johnson, City Administrator Mark Vierling City Attorney Lindy Swanson, Police Chief Brian DeRosier, Deputy Police Chief Property File �14u - d3 �� fin�Opki )-10- 1,r,cji Ch 0--066-"& ,j Exhibit P City of Oak Park Heights ... 'x' Community Development,Code Enforcement&Building Permits/Inspections FAX To:,enp ‘001t., J\O 2 From: y ' m(„(-) Fax: 2 _ 05 gg Pages: 6, including cover sheet Date: 6_3_08 Re: 8plaCtfi. e4, aft r A ITV nf, ..1_., ki A., �l jii_ L,n AO•G d id1M e .)_ en..) 1 -+"�� t • .+s . 61,.A A a C.)uJ (if_Qnt 1 . • ezrn v Jf 110 Ate : , 1 i t._ 1 • ♦ S_, �'♦ wuA..'_ ___ Nu{ cJo ����, o inC /J_pte...(. I . 1_11-1 nt `Y1.C -r ►nela CAV, -i a tr. u CJ c�<< 'r( n a Q P pitwi U �. �I ray INA . ♦. �� J-■a.ure- Jo do if UWoLo9 3LC Lacle_ Cir ,-(Lanaif L-licutO ail • r Mailing Address: Contact Information: 14168 Oak Park Blvd.N. Jim Butler,B.O. Direct(651)275-9590 P.O.Box 2007 Email: jbutler @cityofoakparkheights.com Oak Park Heights,MN 55082 Julie Hultman Direct(651)351-1661 Email: jhultman @cityofoakparkheights.com Main City Hall Phone:(651)439-4439 Fax:(651)439-0574 "ml /~ *************** -IND. XMT JOURNAL- **************** DATE JUN-03-2008 ***** TIME 15:46 ******** DATE/TIME = JUN-03-2008 15:43 JOURNAL No. = 50 COMM.RESULT = OK PAGECS) = 006/006 DURATION = 00:01'29 FILE No. = 155 MODE = MEMORY TRANSMISSION DESTINATION = 2860588 RECEIVED ID = / 1-651-286-0588 RESOLUTION = STD ************************************ - - ***** - - ********* Exhibit (� City of Oak Park Heights 14168 Oak Park Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email:jhultman @cityofoakparkheights.com Oak Park Heights,MN 55082 Phone:651.439.4439 Fax:651.439.0574 June 4, 2008 Faxed 6-4-08& Mailed Mr. Jay Andrews TireProz 14661 60th St. N. Oak Park Heights, MN 55082 Re: Outside Storage, Special Event Permit Display, Etc. Dear Mr. Andrews: This letter serves as both a follow up to my letters of September 17, 2007 and December 12, 2007, wherein you were advised that: 1. Tire displays and other temporary advertising/outside storage items are to be kept within the business structure, unless you have obtained a special event permit for their display. A trailer advertising a tire sale was observed outside your store front on Monday,June 2, 2008. The City has not received a special event permit application for the display. I faxed a permit application over to you yesterday,June 3, 2008,with a request that it be completed and faxed back to me that day or the display removed. I have not yet received the permit application and the trailer/display remained in place as of 8:00 a.m.this morning. Either submit your permit application for this display or have it removed by 1:30 p.m.June 5th. If the display remains in place after this time and a permit application has not been received, the matter will be forwarded to the Police Department for citation of City Ordinance Violation. 2. The outside storage containers, which are in violation of City Ordinance requirements, were to be removed not later than June 1st, 2008.You were advised that you may apply and potentially secure a Conditional Use Permit for these but the process was one that you must proactively pursue. { City of Oak Park Heights 14168 Oak Park Blvd. N. Direct: 651.351.1661 P.O.Box 2007 Email:jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 Jay Andrews June 4,2008 TireProz Page 2 In September of last year, you were noticed of this being a violation and in light of business plans you were working through,you were not required to immediately remove them and were given an extension of time to June 1, 2008 for their removal. As of today,the City has not heard from you as to pursuing a conditional use permit for such outside storage and the containers have not been removed. With this letter you requested to remove the outside storage containers no later than 4:30 p.m.,June 17, 2008. After this date and time,the site will be checked for compliance. If it is not found to be in compliance the matter will be forwarded to the Police Department for citation. Sincerely, L c IU.k Jul A. Hultman Planning& Code Enforcement Officer JH: Enclosure pc: Eric Johnson, City Administrator Mark Vierling City Attorney Lindy Swanson, Police Chief Brian DeRosier, Deputy Police Chief Property File 1 /! • City of Oak Park Heights Community Development & Building Permits/Inspections FAX To:Cloadi anclivtja4, !As From: a juILL ( ( i -na.. Fax: - Pages: �includin cover sheet 2�� 05�� 9 � � 9 Date: (o-1 -OS Re: ,c. TA O M J rrn oaQ cL prof 0.orn to t Apcbtax) 0-vx c0( Qf /n - 1 Mailing Address: Contact Information: 14168 Oak Park Blvd. N. Jim Butler. B.O. Direct: (651)275-9590 P.O. Box 2007 Email:ibutler @)citvofoakparkheights.com Oak Park Heights, MN 55082 Julie Hultman Direct: (651)351=1661 Email:jhultmancityofoakparkheights.com Main City Hall Telephone No. (651)439-4439 Fax: (651)439-0574 *************** —IND. XMT JOURNAL— **************** DATE JUN-04-2008 ***** TIME 16:30 ******** DATE/TIME = JUN-04-2008 16:29 JOURNAL No. = 54 COMM.RESULT = OK PAGECS) = 003/003 DURATION = 00:00'48 FILE No. = 158 MODE = MEMORY TRANSMISSION DESTINATION = 2860588 RECEIVED ID = / 1-651-286-0588 RESOLUTION = STD — ***** — — ********* Exhibit R Cri(1/0, ,std u Julie Hultman blot) bj pc From: Julie Hultman Sent: Monday,June 09, 2008 2:41 PM V G f oo'' To: Brian DeRosier Subject: TireProz- 14661 60th St. N. Attachments: 1321_001.pdf Brian- Attached is the photo Eric took yesterday of the advertisement display at TireProz. The trailer with the inflated tire had been parked in the front of the building since or before Tuesday,June 3,2008.At that time and until after work this past Friday,June 6th,the trailer was parked with tire sale advertisement upon it but the tire was not inflated. On June 3,2008, I faxed the store(651-286-0588)to the attn of the Manager and addressed it to Jay or other manager in charge. In my fax I reminded them that a special event banner was needed for advertisement display and asked them to complete the permit and fax it back to me that day or to remove the trailer. I also provided them with the full special event sign ordinance information and advised them that they had not yet pulled any permits for special event signage in 2008 and as such had 30 days available. The fax statement journal confirming its send is time stamped 15:43. No response was received. On June 4,2008, I directed a second communication to the store to the attention of Mr.Jay Andrews. This communication followed up on the June 3 communication and once again requested the tire display trailer to be moved or a special event permit application be submitted prior to 1:30 p.m.on June 5th. Once again no response was received.This letter was copied to you. The communication was faxed(Time Stamp 16:29)and mailed to Mr.Andrews on the 4th of June. This letter also conveyed a reminder that the outside storage continued to be in violation of city ordinance and was to have been removed prior to June 1, 2008 or a conditional use permit applied being pursued for the outside storage. Eric has allowed for a compliance date of June 17th on this issue. This is not a new situation. Communications to Mr.Andrews regarding advertisement,for sale vehicles,vehicle parking and outside storage include letters dated December 12,2007,September 17,2007,September 5,2007 and May 14,2007. There is email communication documented as early as December 27,2006. On October 10,2007 the site review committee met with Mr.Andrews and his representatives regarding the possibilities of a new store being constructed in the Kern Center.At that time he indicated that he had been attempting to purchase his current location from the building owner with no agreement being able to be reached. In light of the potential for an ownership or location transition, Eric permitted an extension of the outside storage containers to June 1 of this year,while Mr.Andrews worked through his issues. At this point in time,we have received no response of any kind from TireProz in response to our requests that they comply with City Ordinance requirements. Eric has directed that they be cited for violation of City Ordinance 401.15.G.as it related to Special Event Permit requirements. Please let me know if there is anything else I can provide you with. Julie A. Hultman Planning&Code Enforcement Officer City of Oak Park Heights DD:651.351.1661 E:jhultman @cityofoakparkheights.com Please consider the environment before printing any document From: canon @cityofoakparkheights.com [mailto:canon @cityofoakparkheights.com] Sent: Monday,June 09, 2008 11:50 AM To: Julie Hultman Subject: Attached Image 6/9/2008 ....._ ......... TIRE 02 4sid/° Aer r�� • 11 : Ic'rY4 S t ,,,ili yr' -,,,,, .q yr I I,I. 4. "` ,OiL Ctinnx'L PLUti p° � ,,a. 1 1=` on Otaiav�E 1 TFEROTATE I t$t $' $/' AnoMavE I b?I f{ (!��(1� 99 651/430-0099 ■ - 1! - -'-.7* ''. .� � �..�� "T�V V�J^.� tievv:3Ci�(hc.�xx; ( � ....'..1 Exp.07/04/08 1 l j-0 N IDWIN�` '''''' FREE .1'SET OF 2O ' CHROME WHEELS. ., . ......e..-...;*:,.. , ' ' * FROMONEOFTHESEPREMIUM:. •., w' �(J tIgNQYIMglixilAlNC. Qd Lo/5/C�� It-; Exhibit S City of Oak Park Heights 14168 Oak Park Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email:jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 TEMPORARY SPECIAL EVENT PERMIT (Regulated by City Ordinance 401.15.G) Date Issued: June 13, 2008 Issued To: Tire Proz 14661 60th St. N., Oak Park Heights, MN 55082 Phone: 651-430-0099 Fax: 651-439-6650 Applicant: Ryan Rugg, Mgr. Email: rgrugg @tireproz.com Temporary Special Event Permit Description: Tire Stack &Sock at End of Drive. Installation Date: June 13, 2008 Removal Da e:June 23, 2008 Duration: 10 days 2008 Accumulated Duration: 10 days NOTE: Application signature for this permit agreed to comply with City of Oak Park Heights Ordinances and regulations therein adopted. Applicant further agreed by signature on the permit application to place and remove temporary signage as approved and to notify the Code Enforcement Officer of any changes to design, location or placement duration. Failure to comply with City Ordinance is a misdemeanor violation and is subject to Police Department review and personal citation upon the business owner and/or manager. CileD C.,/0 — 000X-tot_ eirp, -to Liu, c(x_e_ ot,,,„,_, • �) � �cJ Permit Granted By: I g j Juli ultman, Planning&Code Enforcement Officer g\ z n 4102448 — 6-rin 0 1 0/ l U ei w by c 11-14 0 W Crl. C www.cit ofoa arkhei Y g hts.com /'\ *************** —IND. XMT JOURNAL— **************** DATE JUN-13-2008 ***** TIME 12:36 ******** DATE/TIME = JUN-13-2008 12:35 JOURNAL No. = 09 COMM.RESULT = OK PAGECS) = 002/002 DURATION = 00:00'40 FILE No. = 211 MODE = MEMORY TRANSMISSION DESTINATION = 4396650 RECEIVED ID = / 6514396650 RESOLUTION = STD ************************************ — — ***** — — ********* { City of Oak Park Heights . <.... Community Development,Code Enforcement&Building Permits/Inspections FAX To: ,Ir si?,ca ,„ From: r Fax: 4/3 q_ (pc9,5 Pages:, , including cover sheet Date: 0(a- 13_0 B Re: _, ,) 6J-Ent m4, at, iD. a 1! 1 i 1 a x4 � rrn(ahaeo CYWO Qom rn r,,gar a`h (Hop ak haf.. u hl) aocnq Cn\ , P w bt std �. 6 r. • -1 OLO J ov CA9.0 11/ ) I Mailing Address: Contact Information: 14168 Oak Park Blvd.N. Jim Butler,B.O. Direct(651)275-9590 P.O.Box 2007 Email: jbutler @cityofoakparkheights.com Oak Park Heights,MN 55082 Julie Hultman Direct(651)351-1661 Email: jhultman @cityofoakparkheights.com Main City Hall Phone:(651)439-4439 Fax:(651)439-0574 n Today's Date 6/13/08 ' Sr - r r Urgent r Please Reply & Wheel Experts f For Your Information Attention: Julie Hultman From: Ryan Rugg Business: City of Oak Park Heights Location: Stillwater Fax Number. 651/439-6650 Pages including cover:4 COMMENTS: Here is a permit,you wanted filled out.Also,I have sent the two prior emails and apparently the email address was wrong,but as you can see we did attempt to get the permits. This facsimile is solely for the use of the addressee(s)and may contain information which is confidential or privileged.If you receive this facsimile and you are not the addressee,please disregard the contents of the facsimile,destroy the facsimile and notify the author immediately. fax cover TireProz,LLC. 14661 60th St N. Stillwater,MN 55082-6321 Voice:888/312-0099 Fax:651/439-6650 TireProz does not accept solicitations via facsimile, accounting @tireproz.com www.tireproz_com electronic mail,or telephone without prior consent L•d 09996C171.99 zOJdaJU, Bi.om. 80 EI• unr JUN-13-2008 11 46 P.06/27 City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 Phone(851) 439-4439 • Fax(651)439-0574 www.cityofoekparkheights.corn Temporary "Special Event" Sign/Banner & Temporary Outdoor Sales Tent Permit Application PLEASE TYPE OR PRINT (�A,�_` Applicant's Name: - IJtn Title: �tgscrZ Business Name: Address: I LI (OW (oc3t *k*. [!1) SM\1 –t r Street City State Zip Phone:LoS 430-cao`tcf Fax: (QS '. --t CJAcn Other. Applicant Email Address: rqr J QP* 4(D •LO�''1 Type: Check All Applicable �t .•33JJ Banner _Sign _Balloon _Tent —Other, I ICE z tvc_ Description of Item(s): Include message content, location, exact dimensions of item(s)and how it/they will be erected(e.g. banner attached to building wall). Please use the back of this application if you need additional room. For tent placement a site plan must be submitted with this application, showing location, number of parking spaces,if any displaced,etc. Date Item(s)WI] Be Erected: 11a`‘3 tDa Dated Item(s) Will Be Removed: CA J2. 3 Events Per Year, 10 Consecutive Days Maximum Per Event 30 Days Maximum Per Calendar Year–No Consecutive Event Periods By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local Municipality, State Building Code. and the requirements enforced by the City of Oak Park Heights. The applicant further agrees to place and remove temporary signage as approved and notify the Code Enforceme• - - any •••+- to design, location or placement duration. Dated: U.113 Applicant's Signatu '>\ For Office Use Only: Julie Hultman, Planning& Code Enforcement Officer Date Issued: City of Oak Park Heights Duration: 14168 Oak Park Blvd. N-P.O.Box 2007 Accumulated Duration: Oak Park Heights, MN 55082 . Permit Fee: None Direct (651)351-1861 -FAX (651)439-0574 Email: jhultman©cityofoakparkheights.com Permit Granted!Denled by: Reason for Denial (If denied): z•d nggqfS171,99 zoJdeJ!1 eZ0:ol. 8o E 6 unf • . Judd Andrews From: Judd Andrews (jdandrews @tireproz.cam) Sent: Monday,May 19, 2008 12:52 PM To: jhultmagn @cityofoakparkheights.com' Subject: Request for Tent Sale Permit Hello, We are looking to get a 1 day special events permit for a tent sale on Sunday, June 18th. Please let me know,so we can get the form for"Special Event" Thank you, Judd Andrews &Wheel Experts jda ndrews:u tircproz.com Toll Free:888/312-0099 Local:651/430-0099 Mobile: 651/245-3388 Fax:651/439-6650 www.tireproz.corn Young f , executirves W n � network c•d nQggA9.t,Lg9 zadaJll eZ00l. 80 E6 unr . :Judd Andrews From: Judd Andrews[jdendrews@tireproz.comj Sent: Monday, April 14, 2008 2:08 PM To: 'jhultmagn @cityofoakparkheights.corn' Subject: Tire Sale Banner Authorization Hello, I am writing to you to request authorization for a 10-day permit to display our 8'x 3' 'Tire Sale Today" Banner. Please respond and let me know. Thank you, Judd Andrews &Wheel Experts jdandrews.d:tircprox.corn Toll Free: 888/312-0099 Local: 651/430-0099 Mobile: 651/245-3388 Fax: 651/439-6650 www.tireprozcom executives gpG,� f kalf ,network • t,d (1�996�b 1�9 zOJdeJll eZ0:01. 80 £L unr z Exhibit T Julie Hultman From: Julie Hultman Sent: Thursday, June 26, 2008 1:16 PM To: 'rgrugg @tireproz.com' Cc: Brian DeRosier; Eric Johnson Subject: TireProz -Citation; Tire Display Removal Request; Container Removal Request& Banner Special Event Permit Application Request Attachments: Special Event Permit Application (10.8.07).pdf Hi Ryan, In response to your inquiry as to the ticket being cleared up in light of Judd Andrews email attempt to me of May 19 for a 1 day tent sale and obtaining a "special event" permit, I do not know the answer and will direct your inquiry to our police department who issued the citation and ask that they contact you. Please note that even though an email attempt was made, I received no phone call or personal visit for the event permit. I did attempt to reach Jay Andrews and/or Store Manager at the fax number I had previously communicated with Jay at as to the need for the permit(651-286-0588)on both June 3 and 4, 2008 and received no response back either. At the time of my fax, the trailer with the tire sale advertisement had already been parked in front of the store though the tire balloon had not been inflated. I also mailed the June 4 email communication directly to the store by regular postal service. On another note, I issued you a permit on June 13th for the tire display advertisement that had been sitting out front since at least June 8th. You indicated at the time of our conversations that the display was covering a hole. The permit was issued through June 23rd at which time the display was to have been removed.The display was moved from the hole (where a larger rock appears to be in place)and moved to the store entry,where it remained yet this morning. Currently, this places you in violation again. Please remove the display today. On June 18th, I called the store and spoke with you about the containers(outside storage) at the rear and to the western side of the store which were to have been removed by June 1, 2008 or a conditional use permit issued for them. I asked if this was a matter you could facilitate or did I need to speak with Jay, at which point you stated that I needed to speak with Jay and that he would be at the store later that day and that you would have him call me. I am still waiting for that call back or to see the containers removed. At this point, if they are not removed by the end of this week, the store will be cited for their placement and maybe potentially be cited for each day they remain in place. I have attached the special event p • ation►t this email for you so that you can fill it out and fax(651-439- 0574)or email it back to me for three A/C Check' anner you wish to place outside the store for one week. I appreciate your seeking the permit for the bann nd your attending to the removal of the display previously permitted today. If you once again would kindly let J know I need a return call from him on the container situation and that their continued placement is going to result in itation, I would appreciate it. "' Julie A. Hultman _�( Planning & Code Enforcement Officer e, �'` City of Oak Park Heights �3' 4'• � ( , \+,� 6 DD: 651.351.1661 —V' E:jhultman cit ofoak arkhei hts.com J @ Y P 9 06S\ )Cc� Please consider the environment before printing any document �}( � From: rgrugg @tireproz.com [mailto:rgrugg @tireproz.com] Sent: Thursday, June 26, 2008 12:41 PM To: Julie Hultman 6/26/2008 • • ` n Page 2 of 2 Subject: Banner Julie, I now have my e-mail working correctly.I had a question on the ticket recieved regarding the tent sale.Is that going to be cleared up since you now have the proof that I did attempt to contact you regarding it?If you could please let me know on htat issue. Also,We would like to hang a banner for a week out in front of the store stating"FREE A/C CHECK" Thanks, Ryan 6/26/2008 Exhibit U Julie Hultman From: Brian DeRosier Sent: Monday, June 30, 2008 3:11 PM To: 'rgrugg @tireproz.com' Cc: Eric Johnson;jhultman @cityofoakparkheights.com Subject: RE: TireProz-Citation; Tire Display Removal Request; Container Removal Request& Banner Special Event Permit Application Request To:Tire Proz—Attn: Ryan Re:Citation for Ord.Violation 401.15.6 dated 06-08-2008 I am responding to your request that the citation be "cleared up", as you requested in email correspondence sent to OPH Planning &Code Enforcement Officer Hultman. The citation was issued for a specific violation;occurring after several contacts by the building department to work with the business regarding these types of violations in the past. An attempt to contact OPH Officials to obtain a permit is not a valid reason for summary dismissal of the citation. It is not the custom of the OPH Police Department to dismiss citations after issuance without specific articulated fact or circumstances that the violation did not occur or was unavoidable. The citation will need to be addressed with the courts as directed in the instructions provided with it. Jay Andrews Sr.was issued the citation as the owner/ manager of the business. The citation is not issued to the business in general. Brian DeRosier Deputy Chief Oak Park Heights Police Dept. 14168 Oak Park Blvd. North Box 2007 Oak Park Heights, MN 55082 651-439-4723 From: Julie Hultman Sent: Thursday, June 26, 2008 1:16 PM To: 'rgrugg @tireproz.com' Cc: Brian DeRosier; Eric Johnson Subject: TireProz - Citation; Tire Display Removal Request; Container Removal Request& Banner Special Event Permit Application Request Hi Ryan, In response to your inquiry as to the ticket being cleared up in light of Judd Andrews email attempt to me of May 19 for a 1 day tent sale and obtaining a "special event" permit, I do not know the answer and will direct your inquiry to our police department who issued the citation and ask that they contact you. Please note that even though an email attempt was made, I received no phone call or personal visit for the event permit. I did attempt to reach Jay Andrews and/or Store Manager at the fax number I had previously communicated with Jay at as to the need for the permit(651-286-0588)on both June 3 and 4, 2008 and received no response back either. At the time of my fax, the trailer with the tire sale advertisement had already been parked in front of the store though the tire balloon had not been inflated. I also mailed the June 4 email communication directly to the store by 6/30/2008 • Page 2 of 2 regular postal service. On another note, I issued you a permit on June 13th for the tire display advertisement that had been sitting out front since at least June 8th. You indicated at the time of our conversations that the display was covering a hole. The permit was issued through June 23rd at which time the display was to have been removed. The display was moved from the hole (where a larger rock appears to be in place) and moved to the store entry,where it remained yet this morning. Currently, this places you in violation again. Please remove the display today. On June 18th, I called the store and spoke with you about the containers (outside storage) at the rear and to the western side of the store which were to have been removed by June 1, 2008 or a conditional use permit issued for them. I asked if this was a matter you could facilitate or did I need to speak with Jay, at which point you stated that I needed to speak with Jay and that he would be at the store later that day and that you would have him call me. I am still waiting for that call back or to see the containers removed. At this point, if they are not removed by the end of this week, the store will be cited for their placement and maybe potentially be cited for each day they remain in place. I have attached the special event permit application to this email for you so that you can fill it out and fax(651-439- 0574)or email it back to me for the"Free A/C Check" banner you wish to place outside the store for one week. I appreciate your seeking the permit for the banner and your attending to the removal of the display previously permitted today. If you once again would kindly let Jay know I need a return call from him on the container situation and that their continued placement is going to result in citation, I would appreciate it. — Julie A. Hultman Planning & Code Enforcement Officer City of Oak Park Heights DD: 651.351.1661 E:jhultman @cityofoakparkheights.com Please consider the environment before printing any document From: rgrugg @tireproz.com [mailto:rgrugg @tireproz.com] Sent: Thursday, June 26, 2008 12:41 PM To: Julie Hultman Subject: Banner Julie, I now have my e-mail working correctly.I had a question on the ticket recieved regarding the tent sale.Is that going to be cleared up since you now have the proof that I did attempt to contact you regarding it?If you could please let me know on htat issue. Also,We would like to hang a banner for a week out in front of the store stating"FREE A/C CHECK" Thanks, Ryan 6/30/2008 Exhibit V Julie Hultman From: Julie Hultman Sent: Wednesday, July 02, 2008 1:17 PM To: Brian DeRosier Cc: Eric Johnson Subject: Tire Proz -60th St. N. Attachments: DSCN0008.JPG; Tire Proz 1 7-26-07.JPG Brian- Attached are pictures of the rear of Tire Proz(showing outside storage containers)from yesterday, July 1 and July 26, 2007. The outside storage containers require a conditional use permit per City Ordinance 401.15. Mr. Andrews was made aware of the containers being a violation in my written correspondence to him of May 14, 2007. This communication was reinforced through a verbal communication between he, Eric Johnson and myself per Mr. Andrew's call in response to the letter, at which time Eric granted him the allowance of keeping the containers in place,while Mr. Andrews actively worked through a cup process. I wrote him again September 5, 2007 repeating the above information, referencing the May 14, 2007 communication. Mr.Andrews was requested to apply for a cup or remove the containers by September 12, 2007. Failure to do either would result in the city being required to initiate enforcement proceedings. Mr.Andrews met with Eric and I on September 11, 2007 and discussed a potential new site within the Kern Center or his working a purchase of his existing site from the land owner. Administrator Johnson invited him for a pre-project meeting and in the interim allowed him to keep the storage containers in place until June 1, 2008 without a conditional use permit at the current site. Mr.Andrews did meet with city staff in a site review meeting setting on October 10, 2007 regarding a potential new site at the Kern Center. An application for development was never received for this site location. I reminded him of the June 1, 2008 deadline for cup application or storage container removal in written correspondence dated December 12, 2007. Reminder was again made in my faxed and mailed letter dated June 4, 2008. This letter stated that the containers were to be removed by 4:30 p.m., June 17, 2008 or the matter would be forwarded to the PD for citation. June 18, 2008- I spoke with Ryan Rugg of Tire Proz on June 18, 2008 and left a message for Mr.Andrews to call me regarding the cup or container removal deadline that was to have been done by June 18th. No return call has been received to date. June 26, 2008 email communication to Ryan Rugg also noted the containers and deadline date of June 1, 2008 and again noted my waiting to hear from Jay in order to avoid citation which could potentially be cited for each day the containers remained in place and violation. No response to date for Mr. Andrews. At this point, no response has been received nor does it seem likely that one will be received, leaving little alternative but to please ask your department to cite Mr.Andrews at Tire Proz for violation of Ordinance 401.15 in having outside storage without a conditional use permit allowing for the same in his zoning district. Please let me know if you need additional information or copies of any of the above-referenced communications. Julie Julie A. Hultman 7/3/2008 Page2of2 Planning & Code Enforcement Officer City of Oak Park Heights DD: 651.351.1661 E:jhultman @cityofoakparkheights.com Please consider the environment before printing any document 7/3/2008 . ; • , , t,. ,_ .,.„, . .- A ._. _ -,-...mit,„,.. ..vet.,- ---7,--1 --....- - 1------ , - . __..... 0, 0 ... t . . , . ,. .. 111,...„...... . . „.._ - - , . . .... 1 . birrir.. . , •,, 0 — -- ' - .... Or ■ . - , s • • § . 4, a 1.1 I\ --j."111111111111111n.141,' 111111111417-it141111111:-.'''s4 1 ,..., . #. .., •..,„ - , . „ ......._. - , 1 1 •., ....• . , 1 .,., -- -- ------- i I . ., .... ... ..„: . ,...„..... , , ...._ #7.. . 1141' I ' - t . , ; - ‘ 1 - . . 44 - di. ,, ... 4 --` - . .4-- 44 t - , . .. '•, 1 * .._ . . .., ...„... ..., ..„- 1 _-.... fp, • -,,,`'....,:'^..,.4 ... ' .,... - ‘. e ,abee,......... ,..,„ ' •',-,..`.,:,;"..,.:.:....L.A,:1- • .*11, N N. \', ''';..'■ i?'. , ''''''"'''''7:0 q '''■ • . 'Y ' "'''''''''''''',,,,',!3','"''' ,,. • . ,,....., •n'S n ' +0,.. .,' ,- * .. .Y, In ' , . f '''' ' '.•'e' '''' :''.:"4...et -likri'..;::‘, ...'. - ,,. . , . ..„. .;._ '. 0 ,. 4) . ., ,,. 0 }■ c ,r4t4 a' --_,.... F ,a 1, 't,. , i , ' 4 0$/(11*.;;'''-''''''':-.-''.. „ . t 5 P «a ,',,,psi, j } /b „ ffir* / s 'r / x � 7'' of 0 : A , '-'111111.4/ \' ' . ,.' fid,' is .. __ m ,. A, , I. t .... . ,,. ilk, 5�44- CJG1UPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 7/09/08 Exhibit W TIME 10:51:22 INITIAL COMPLAINT REPORT 108702454 DATE/TIME REPORTED: 7/07/08 10 : 14 : 35 DISPATCHER: PGHOPPE DATE/TIME STAMP: 7/07/08 10 : 14 : 35 ENTERED BY: PGHOPPE LOCATION OF INCIDENT: 14661 60TH ST N GRID: OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: DEPUTY OFFICERS ASSIGNED: 472 HOPPE NAMES ASSOCIATED TIRE PROZ WITH THIS INCIDENT: 14661 60TH ST N OAK PARK HEIGHTS, MN 55082 PHONE: (H) 430-0099 (W) SEX: DOB: ASSOCIATION:COMPLAINANT OUTSIDE STORAGE ORDINANCE VIOLATION 401 . 15 SW390895 JULIE HULTMAN 14168 OAK PARK BLVD N OAK PARK HEIGHTS, MN 55082 PHONE: (H) (W) 651/439-4439 SEX: F DOB: ASSOCIATION:WITNESS CITY OF OAK PARK HEIGHTS EMPLOYEE JAY FRANCIS ANDREWS SR 13990 OZARK AV N MAY TWP, MN 55082 PHONE: (H) 651/430-3492 (W) 612/669-2050 SEX:M DOB: 6/11/1958 ASSOCIATION:SUSPECT BUSINESS OWNER TRAFFIC TICKET # SW390895 401/15/ EXTERIOR STORAGE PAUL HOPPE SR PHONE: (H) (W) SEX: DOB: ASSOCIATION:COMPLAINANT TRAFFIC TICKET # SW390895 401/15/ EXTERIOR STORAGE OFFICER COMMENTS: CITATION ISSUED FOR VIOLATION OF THE OUTSIDE STORAGE 472 7/07/ ORDINANCE. 472 7/07/ SEE INCIDENT REPORT AND CASE FILE FOR ADDITIONAL INFORMATION 472 7/07/ CLASSIFIED AS: JUNK YARD/PUBL NUIS/YARD CLEANUP/PARKING PAD VIOL 9914 nok ICR 108702454 Page 1 of 1 Initial Complaint Report ICR Number: 108702454 Agency: Oak Park Heights Police Department ICR Created: 07/07/2008 10:14:35 ICR# 108702454 Date: 07/07/2008 Location: 14661 60th St.N. Oak Park Heights Officer Assigned: Sgt Paul Hoppe Initial Complaint On 07/07/2008 I was asked to cite the Business Tire Proz and it's owner,Jay Andrews,for violating city ordinance 401.15 which restricts the use of out door storage containers unless approved under a conditional use permit. A citation was issued based on the following circumstances which were submitted by the City's Planning and Code Enforcement Officer Juile Hultman. On May 14th,2007 Mr. Andrews was informed that the storage containers located outside his business were in violation of city ordinance and required a conditional use permit to remain on the property. The city administrator granted the business permission to keep the containers on the property while they worked through the conditional use permit process. On Sept 5th,2007,the information was re-communicated to Andrews in a letter referencing the May 14th letter,with a dead line of Sept 12,2007. On Sept 1 lth,2007 another extension was granted until June 1, 2008 while he discussed a potential new site for the business.Additional meetings were conducted relative to the new potential site on Oct, 10th 2007,but an application for development was never received. The June 1st,2008deadline came and passed without obtaining a C.U.P. for the containers. On June 4, 2008 a letter was both faxed and mailed indicating the containers had to be removed by 4:30pm on June or the issued would be referred to the Police Department for enforcement.June 18th, 2008 a message was left at the business for Mr.Andrews requesting a return call and the removal of the containers.Hultman did not receive a return call.E-mail correspondence was sent on June 26th,2008 to the business and Ryan Rugg requesting a call from Mr. Andrews to avoid potential citing of the violation. As of July 2nd,2008 no return call has been received addressing the ordinance violation. As of July 7th, 2008 the containers still remain on-site without a conditional use permit.The violation was referred to the Police Department for enforcement. A citation was issued to the business owner for violation of the out Door Storage ordinance. Mr. Andrews was not at the place of business and employees indicated he would not be back until July 8th,2008.A copy of the citation was left at the business in a seal envelop for Mr.Andrews. See case file for additional information and photos of the violation. Sgt Paul Hoppe 472 Oak Park Heights Police http://crmdom l/icr/icr.nsf/PrintView/32C8BB76EA8C 15B78625747F006C261 A?OpenDoc... 7/9/2008 Exhibit X City of Oak Park Heights 14168 Oak Park Blvd.N. Direct: 651.351.1661 P.O. Box 2007 Email:jhultman @cityofoakparkheights.com Oak Park Heights,MN 55082 Phone:651.439.4439 Fax:651.439.0574 January 26, 2009 Mr. Jay Andrews, Owner Mr. Ryan Rugg, Manager TireProz r -N- Oak Park Heights, MN 55082 Re: Special Event Signage &Outside Storage of Motor Vehicles Dear Mr. Andrews and Mr. Rugg: I am pleased to let you know that the City Council voted to approve an increase to the number of days per calendar year for Special Event Signage. The number of days has been increased from 30 days to 50 days. A permit is still required for special event permits. I have enclosed a copy of the revised ordinance and a new permit application for your use.This information may also be found on the City web page at www.cityofoakparkheights.com. City of Oak Park Heights Ordinances 1116 and 1301 are also enclosed for your use. Please be reminded that: 1. No (operable)vehicle shall be parked for a continuous period of time longer than 24 hours in any privately owned parking lot or area, except that for good cause shown as per City Ordinance 1116.02.B. 2. No person shall park, keep, place, store or permit parking or storage of, or repair or replace parts or to do maintenance work on any public place, or on any private lands or premises, unless vehicle shall be within a building on such private premises as per City Ordinance 1301.03. 3. It shall be unlawful for any person in charge or in control of any property within the City of Oak Park Heights to allow any partially dismantled, non-operating, wrecked,junked or discarded vehicle, including any part thereof or therefrom,to remain on any private property unless within an enclosed building for any period longer than 72 hours as per City Ordinance 1301.05. City of Oak Park Heights 14168 Oak Park Blvd.N. Direct: 651.351.1661 P.O. Box 2007 Email:jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 January 26, 2008 TireProz, Inc. Page 2 of 2 Please continue to monitor your site for vehicle parking and outside storage items to ensure continued compliance with City Ordinance requirements. If you have any questions, please feel free to call or email me anytime. Sincerely,• a.J it A. Hultman PI.nning& Code Enforcement Officer JH: Enclosures pc: Eric Johnson, City Administrator Property File City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 Phone (651)439-4439 • Fax (651)439-0574 www.cityofoakparkheights.com 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts, shall be allowed five (5) special events per calendar year. The total number of special event days in a calendar year shall not exceed fifty (50) days for any applicant, business, or public and institutional use. I Once the time period has expired for a special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. c. Permitted Advertising Devices. Advertising devices for special events must be directly related to the activity being conducted as a special event. The advertising devices described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) Small Balloons. a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) Small balloons may be multi colored and incorporate logos and messages. c) Helium balloons shall be refilled daily. 2) Tents. a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permitee's property and shall comply with the City's setback requirements for accessory buildings. 'Amended 10-28-08 1 3) Bannerettes. a) Bannerettes may be used on light standards or flag poles. b) No more than one (1) bannerette shall be allowed per standard or pole. c) Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. 4) Banners. a) Banners may be attached to poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. b) No more than two (2) banners shall be allowed. c) Banners shall not be larger than one hundred (100) square feet nor higher than the wall of the principal building on the lot. 5) Search lights. a) Search lights as regulated in Section 401.15.B.7.g.(1) of this Ordinance. d. Prohibited Advertising Devices for Special Events. The advertising devices or activities described below are prohibited for special events: 1) Animated signs, light bulb strings, pennants, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 4) Large balloons or collections of small balloons exceeding two (2) feet in diameter, except for balloon arches not exceeding eight (8) feet in height. 5) Additional lighting that does not meet this Ordinance. 6) Any advertising device in the public right-of-way. 7) Air inflatable devices. 2 e. Sign Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible property owner or organization shall submit a completed application for a sign permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. Only after the City issues the sign permit, may a business display the special event signs and decorations. f. Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. 2) Special event signs and decorations not removed by the last day of the special event. 3 rte, r City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 Phone (651)439-4439 • Fax(651)439-0574 www.cityofoakparkheights.com Temporary "Special Event" Sign/Banner &Temporary Outdoor Sales Tent Permit Application PLEASE TYPE OR PRINT Applicant's Name: Title: Business Name: Address: Street City State Zip Phone: Fax: Other: Applicant Email Address: Type: Check All Applicable Banner _Sign _ Balloon _Tent _Other: Description of Item(s): Include message content, location, exact dimensions of item(s) and how it/they will be erected (e.g. banner attached to building wall). Please use the back of this application if you need additional room. For tent placement a site plan must be submitted with this application, showing location, number of parking spaces, if any displaced, etc. Date Item(s)Will Be Erected: Dated Item(s)Will Be Removed: • 5 Events Per Calendar Year • 10 Consecutive Days Maximum Per Event • 50 Days Maximum Per Calendar Year No Consecutive Event Periods By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights. The applicant further agrees to place and remove temporary signage as approved and notify the Code Enforcement Officer of any change to design, location or placement duration. Dated: Applicant's Signature For Office Use Only: Julie Hultman Date Issued: Planning & Code Enforcement Officer Duration: Direct: (651) 351-1661 Accumulated Duration: FAX: (651)439-0574 Permit Fee: None Email: jhultman @cityofoakparkheights.com Permit Granted/Denied by: Reason for Denial (if denied): Temporary"Special Event" Sign/Banner &Temporary Outdoor Sales Tent Permit Application Page 2 Continued Description (from page 1): Site Plan: Site Plan —Additional Information: 1116 AN ORDINANCE REGULATING THE OPERATION AND PARKING OF MOTOR VEHICLES ON PRIVATELY OWNED PARKING LOTS AND AREAS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA,DOES ORDAIN: 1116.01 Maximum Speed. No person shall operate a motor vehicle on any privately owned parking lot or area within the City at a speed greater than is safe and reasonable under the conditions of traffic then existing therein, and in no event shall any such vehicle be operated in excess of a speed of fifteen(15)miles per hour. All operation and driving of motor vehicles on such parking lots shall be done in a careful manner so that no sudden starting or erratic movement of such vehicle is deliberately engaged in by the driver. It shall be unlawful for any person to operate any motor vehicle upon such lot in any manner that would constitute careless driving if done on a public street. No person shall engage in any drag racing or exhibition driving on any such parking lot or area. 1116.02 Parking of Vehicles. A. The parking of vehicles on such lots shall conform to the marking of stalls or positions for parking which are designated on the surface of the parking area and no vehicle shall be parked or allowed to stand in the area of the parking lot which has been so designated or is used as a lane for moving traffic so that such parking will interfere with the moving of traffic therein. B. No vehicle shall be parked for a continuous period of time longer than twenty-four(24)hours in any parking lot or area except that for good cause shown, the Chief of Police for the City of Oak Park Heights may, on application of the property owner and/or business operator adjacent to the parking area,allow parking of specified vehicles for period of time in excess of twenty-four(24)hours. 1116.03 Notice of Collision. In the event that any person who drives a motor vehicle upon such a parking lot or area becomes involved in a collision between the vehicle he is driving and any other vehicle or vehicles,parked upon said lot, such driver shall leave a notice upon each unattended vehicle with which he has collided,giving his name,address,and license number. Failure on the part of any person to comply with this section shall constitute a violation of this Ordinance. 1 1 1116.04 Violation and Penalty. Any person violating this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Seven Hundred Dollars ($700.00)or by imprisonment not to exceed ninety (90)days, or both. • 2 1301 AN ORDINANCE REGULATING AND LIMITING THE STORAGE OF VEHICLES AND DECLARING CERTAIN VEHICLES TO BE A PUBLIC NUISANCE. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1301.01 Definitions. The following words and terms for the purpose of this Ordinance are defined as follows: A. "Junk Car" means any motor vehicle which is not in operable condition, partially dismantled, used for repair of parts or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling or salvage of any kind, or which is not properly licensed for operation within the State of Minnesota. B. "Person" means a natural person, firm, association, partnership, or corporation including any agent of any of the aforesaid. C. "Public Place" means any street, avenue, alley, road, highway, boulevard, parking lot or facility, park, or other public property or premises. D. "Unclaimed Vehicles"means any impounded vehicle not claimed by or,for any reason,not released to the owner thereof within twenty-four(24)hours after notice is either received by the owner or notice mailed to him as provided herein. 1301.02 Certain Vehicles Declared a Public Nuisance,Removal and Impounding Thereof. Any vehicle,whether occupied or not,that is found stopped, standing, or parked in violation of the traffic regulations and provisions of the City of Oak Park Heights,or that is reported stolen or that is found impeding fire fighting, snow removal or the orderly flow of traffic,or any stock or junk car on any public place,or on any private land or premises,unless it shall be in a building,such vehicle is hereby deemed and declared to be a public nuisance and such nuisance may be abated in the manner hereinafter set forth. Any City police officer, fireman, or other duly authorized personnel, such as City employees in charge of roads and snow removal, may immediately order such nuisance vehicle to be removed and impounded in the manner hereinafter provided and it shall be surrendered to the duly identified owner thereof by the towing company only upon payment of the fees hereinafter provided which are declared to be the vehicle pound fees covering such vehicle. 1 1301.03 Parking, Storage,Repair of Maintenance on Junk Cars. No person shall park,keep,place,store,or permit the parking or storage of,or repair or replace parts or to do maintenance work on any public place, or on any private lands or premises, unless such vehicle shall be within a building on such private premises. 1301.04 Abandonment. No person shall abandon any junk car,junk motor vehicle or any part thereof, or therefrom, upon any public place in the City of Oak Park Heights. 1301.05 Partially Dismantled, Wrecked, Junked, Discarded or Non-operating Vehicles on Private Property. It shall be unlawful for any person in charge or in control of any property within the City of Oak Park Heights to allow any partially dismantled,non-operating,wrecked, junked or discarded vehicle, including any part thereof or therefrom,to remain on any private property unless within an enclosed building for any period longer than seventy-two(72)hours. 1301.06 Towing Contractor. The City of Oak Park Heights may contract with one or more persons, firms, or corporations to provide to such City the towing services required to enforce this and other City ordinances and State laws. 1301.07 Impounding,Towing and Release. The towing company shall take immediate possession of any vehicle duly ordered, impounded and ticketed for any traffic or parking violation, and shall tow such vehicle to the car pound. No such vehicle shall thereafter be released without authorization by the City of Oak Park Heights Police Department. The towing company shall, immediately after impounding any vehicle, notify the City Police Department of all such impounded vehicles including description, license number and other pertinent information. 1301.08 Notice to Owner. The City Police Department shall give notice of the impounding of any such vehicle to the owner thereof as such owner is shown by the records of the State Registrar of Motor Vehicles. Such notice shall be by registered or certified mail and shall be addressed to the address as indicated on said records. Such notice shall include a description of such motor vehicle, notice of such possession, location of the motor vehicle impounded,and a statement of the intent of the City to dispose of such motor vehicle after thirty(30)days unless such motor vehicle is released. 2 1301.09 Storage of Impounded Vehicles. The towing company during the time the vehicle is impounded shall not permit the vehicle to be removed or released to the owner until the impounding and storage fees hereinabove provided have been paid. At the time of the return of the vehicle, the towing company shall release the same by a release in writing which will state the date of such release together with the charges enumerated thereon and the purpose for which such charges were made. 1301.10 Report of Police Officer. Any police officer or other authorized person directing the impounding of any unoccupied or damaged vehicle shall prepare a written report of such vehicle which report shall, among other things, include the following: make of the car, license number, separate articles of personal property, general description of the car with regard to condition,damaged parts,and other such information as may be necessary to describe adequately the vehicle and property delivered to the towing company. The towing company shall receipt for and check such report and his signature thereon shall be considered a receipt for the vehicle and the property described therein. 1301.11 Sale of Vehicles. Any motor vehicle which is impounded pursuant to this or any other ordinance or statute and which is not released within thirty (30) days of mailed notice to the owner, may be sold by such City to the highest bidder at public auction or sale, following reasonable published notice thereof. The proceeds of any such sale shall first be applied toward the cost of handling,storing and sale of such vehicle. The net proceeds shall be placed in the General Fund. If within six(6)months of such sale, the former owner applies to the City Clerk for payment of such net proceeds, and if satisfactory proof of ownership is presented, the net proceeds shall be paid to such former owner. 1301.12 Sale of Vehicle Where Owner of Vehicle Cannot Be Identified. If any such vehicle is found and removed under circumstances which do not give the Police Department or the towing company knowledge or means of inquiry as to the true owner thereof, such facts shall be immediately reported to the City Clerk. Any such vehicle,or any other vehicle or property unclaimed or abandoned by any owner for a period of thirty(30)days from and after such impounding,shall be sold by the City of Oak Park Heights at a public sale. 1301.13 Penalty. Any person violating any provision of this Ordinance shall upon conviction thereof, be punished by a fine not exceeding Seven Hundred Dollars ($700.00) or by imprisonment for not exceeding ninety (90)days, or both. 3 .. n ^ Exhibit Y 4 Julie Hultman From: Julie Hultman Sent: Wednesday, May 27, 2009 2:31 PM To: 'Ryan Rugg' Subject: RE: Tire Stacks and Advertisement Socks- Final Removal Request No problem. Have a great evening! "' Julie A. Hultman Planning & Code Enforcement Officer City of Oak Park Heights DD: 651.351.1661 E:jhultman @cityofoakparkheights.com APlease consider the environment before printing any document From: Ryan Rugg [mailto:rgrugg @tireproz.com] Sent: Wednesday, May 27, 2009 2:01 PM To: Julie Hultman Subject: Re: Tire Stacks and Advertisement Socks - Final Removal Request yes it does-Thank You Original Message From: Julie Hultman To: Ryan Rugg Sent: Wednesday, May 27, 2009 8:57 AM Subject: RE: Tire Stacks and Advertisement Socks- Final Removal Request Ryan, I understand size and accommodating issues as I am in the same position. Perhaps we can work together and reduce both of our stress points a bit© I will presume if I don't see special events removed in the earlier morning following an event period,that you hit an unexpected busy period and that they will be removed as soon as possible but no later than noon that day and will try not to remember to not give you an grief until later in the day. This will give you some breathing room and me something for my bosses. Does is sound reasonable to you? "'Julie A. Hultman Planning & Code Enforcement Officer City of Oak Park Heights DD: 651.351.1661 E:jhultman @cityofoakparkheights.com APlease consider the environment before printing any document From: Ryan Rugg [mailto:rgrugg @tireproz.com] Sent: Wednesday, May 27, 2009 8:50 AM To: Julie Hultman Subject: Re: Tire Stacks and Advertisement Socks - Final Removal Request Julie, I fully intended on having them down at 7:00 am yesterday morning. I can't drop my customers for ten minutes to tak ethe stacks down when we are extremely busy. We are a small business with few employees. I apoligize for the issue at hand a I am trying as hard as I can to keep everyone happy. 5/27/2009 ,.-�. ,----, Page 2 of 3 Ryan Original Message From: Julie Hultman To: Ryan Ruqq Sent: Wednesday, May 27, 2009 8:44 AM � Subject: RE: Tire Stacks and Advertisement Socks- Final Removal Request Ryan, Please re-read my email to you. It was sent yesterday and just prior to noon they were not down. I made the compliance check myself. I am not going to argue with you and expect since you opened the email and responded this morning, you are presuming I sent it this morning. I actually was going to send you a note and thank you for having them removed, j which again I do appreciate. In the future, if you wish to have things up beyond the dates you indicate on your permit application please just send me an email or a new application to extend the permit otherwise remove them on the dates you indicate that you will. Thank you again. Julie A. Hultman Planning & Code Enforcement Officer City of Oak Park Heights DD: 651.351.1661 E:jhultman @cityofoakparkheights.com Please consider the environment before printing any document From: Ryan Rugg [mailto:rgrugg @tireproz.com] Sent: Wednesday, May 27, 2009 7:22 AM To: Julie Hultman Subject: Re: Tire Stacks and Advertisement Socks - Final Removal Request They were down! Original Message From: Julie Hultman To: rgrugg a(�.tireproz.com Sent: Tuesday, May 26, 2009 12:27 PM Subject: Tire Stacks and Advertisement Socks- Final Removal Request Ryan, I really appreciated your pulling the special event permit for the tire socks displays you placed out on the 14th of May. The Permit you applied for and which was issued was for placement through May 23rd. A compliance check was made this morning prior to 8:00 a.m. The socks were still in place. I called you at 7:59 a.m. and reminded you that they needed to be removed. A second compliance check was made just prior to noon today, May 26th. The socks were still in place. Please remove the tire socks by 4:30 p.m. today. If they are still in place at the time of the next compliance check, the police department will be requested to cite you personally for violation of City Ordinance requirements. Please note that future violations of Ordinance 401.15, specifically the requirement that special event permits be obtained and that special event devices be removed as per the permit issued may not be followed by a compliance reminder and may be directed for immediate citation. Please see that they are removed by 4:30 p.m. Thank you. — Julie A. Hultman Planning & Code Enforcement Officer 5/27/2009 Page 3 of 3 City of Oak Park Heights DD: 651.351.1661 E:jhultman @cityofoakparkheights.com APlease consider the environment before printing any document 5/27/2009 Exhibit Z City of Oak Park Heights 14168 Oak Park Blvd.N. Direct: 651.351.1661 P.O.Box 2007 Email:jhultman @cityofoakparkheights.com Oak Park Heights,MN 55082 Phone:651.439.4439 Fax:651.439.0574 Emailed & Mailed August 17, 2009 Mr.Jay Andrews, Owner Mr. Ryan Rugg, Manager TireProz 14661.60th St:N. Oak Park Heights, MN 55082 Re: Outside Storage of Motor Vehicles & For Sale Vehicles Dear Mr. Andrews and Mr. Rugg: Please be reminded of City Ordinances 1116, 1301, and 401.15.B.20.a,wherein it is stated that: 1. No (operable)vehicle shall be parked for a continuous period of time longer than 24 hours in any privately owned parking lot or area, except that for good cause shown as per City Ordinance 1116.02.B. 2. No person shall park, keep, place, store or permit parking or storage of, or repair or replace parts or to do maintenance work on any public place, or on any private lands or premises, unless vehicle shall be within a building on such private premises as per City Ordinance 1301.03. 3. It shall be unlawful for any person in charge or in control of any property within the City of Oak Park Heights to allow any partially dismantled, non-operating, wrecked,junked or discarded vehicle, including any part thereof or therefrom, to remain on any private property unless within an enclosed building for any period longer than 72 hours as per City Ordinance 1301.05. 4. Personal Vehicle Sales in Residential/Commercial Areas: Such vehicle sales are limited to those being the personal property of the business occupant to no more than one vehicle per calendar year. City of Oak Park Heights 14168 Oak Park Blvd.N. Direct: 651.351.1661 P.O. Box 2007 Email:jhultman @cityofoakparkheights.com Oak Park Heights,MN 55082 Phone:651.439.4439 Fax:651.439.0574 August 17,2009 TireProz,Inc. Page 2 of 2 Additionally please note that no outside storage may occur at the business site without an approved conditional use permit for outside storage. As of today, there are several vehicles/trailers that have been in your parking area for over one week. Additionally,there have been vehicles for sale at the business such as the AN that was placed out front this morning upon the grass area to the store front. With this letter,you are requested to: 1. Remove any "for sale" vehicles from the site that are not licensed to the business. Vehicles licensed to the business and for sale are to be reduced in number to one vehicle being displayed and shall be displayed in an area other than that of the grass area at the store front; and 2. Remove any vehicles or trailers that are inoperable, exceed the 72 hour parking regulation or are being stored within the parking area at the business. Compliance is requested prior to the end of the day Friday, August 21, 2009. A compliance check with be made after the 215t If you have any questions, please feel free to call or email me anytime. Sincerely, Ju A. Hultman PI: ning& Code Enforcement Officer pc: Eric Johnson, City Administrator Exhibit AA Notes ••••• Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. rgrugg @tireproz.com Original Message From:jf andrews[mailto:jfandrews @tireproz.com] Sent:Wednesday, August 19, 2009 3:56 PM To: Julie Hultman Subject: Compliance request Julie- In response to your latest request, consider the following. 1.AN in question belongs to me and was here getting a tire fixed. It is also for sale and can leave by Friday. 2. 1995 Ford E350 Lic#GWD035 under repair order#023865 is waiting for a special order atalytic converter. c. Black Cargo trailer is licensed to TireProz and is used for delivery purposes. ay Andrews Sr. ireProz&Wheel Experts Original Message---- From: Julie Hultman Sent:Wednesday,August 19, 2009 4:31 PM To: 'jf andrews' Subject: RE: Compliance request Hi Jay, Thanks for your email. In response, using your order of numbering: 1. I will look for it to be gone after Friday. 2. This will be monitored. 3. Please provide license and/or V.I.N. for proof of registration to the business of the trailer being used for delivery purposes prior to August 22nd. Said trailer is not to be used for storage. Thank you again. Original Message From: Administrator Sent:Wednesday, August 19, 2009 4:32 PM To: Julie Hultman Subject: Delivery Status Notification (Relay) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. jfandrews@tireproz.com