Loading...
HomeMy WebLinkAbout08-26-08 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, AUGUST 26, 2008 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order /Pledge ofAllc�-iance /Approval of'At enda A'stimuied - — limcs 7:05 p.m. 11. Department /Council Liaison Retorts A. Planning Commission 13. Parks Commission C. Cable Commission D. Water Management Organizations E. Other Liaison /Staff'reports 7:10 p.m. III. Visitors /Public Comment Recycling Award (1) 'Phis is iin opportunity tin' the public to address the Co with questions or concerns on issues not pail of' the regular ageildht. (Please limit comments to 3 mingles in length,) 7:15 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — August 12, 2008 (2) C. Approve New Tobacco License for Croix Oil Company dba Croix Convenience - Oak Park Ileights (3) D. Approve Results of Sales and Use Tax Audit and Payment of Amount due the Department of Revenue (4) T-:. Approve and Appoint 2008 Election .fudges (5) 7:20 p.m. V. Public I-Iearinis A. Proclamation — Constitution Week (G) 7:30 p.m. VL Old Business A. Accessory Building Study (7) 13. City Hall Facility — Accept Citizen's Advisory Committee Recommendations & Neat Steps (8) 7:45 p.m. VII. New Business A. AID Purchase Authorization (9) B. Planned Unit Development — Concept Plan —Two Senior Cooperative Rental Buildings — "Carriage House Cooperative" — West of Oakgreen Ave., North of 58 °i Street (10) C. Planned Unit Development — Phase I -- Oalcgreen Village — Amendment to Site Plan and Number of Units (11) 8:20 p.m. IX. Adiournment Page 1 of 86 This Page Is Left Intentionally Blank. s. Page 2 of 86 Oak Park Heights Request foi- Council Action Meeting Date August 26, 2008 ........... .. .. .... Agenda Item RecyclinL) Award Finic Required — 0 Agenda Placement Visitors /Public Comment Originating Department /Requester _Adniiiiistration/Jennifer Plilski Requester's Signature Action Requested Receive Information Back ground/J usti Fi catio n (Please indicate any previous action has been taken or if other public bodies have been advised). Page 3 of 86 x . CITY OF OAK PARK HEIGHTS 14168 Oak Park 13oulevaa'd No. • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651 /139 -4439 • Pax: 651!439 -0574 August 21, 2008 Carl & Jessie Tricket 5735 Newgate Ave N Oak Park Heights, MN 55082 Dear Mr- & Mrs. Tricket: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, August 7, 2008 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439 -4439 at your convenience to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! C 1 .lei i- r Pinski Administrative Secretary /Deputy Clerk , , I , 1. , LI1. 40111.1 1. , Tree City U.S.A. Page 4 of 86 r,. Oak Park Heights Request for Council Action aNcP-(),Sjj 03; Meeting Date ,August 26. 2008 Agenda Item Anorove City Council Minutes – Au;;ust 12, 2008 Time Required — 0 Agenda Placen Consent Originating Department /Requester Administration /Jennifer Pinski E ' Requester's Signature Action Requested Appro_ve__.._._______ Background/JustiIication (Please indicate any previous action has been taken or if other public bodies have been advised). Page 5 of 86 CITY OF OAK PARK HEIGHTS 7 :00 P.M. TUESDAY, AUGUST 1 2, 2008 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledge of Alleeiance /Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, City Attorney Vierling and City Planner Richards. Absent: City Engineer Postler. Mayor Beaudet added "Building Committee Update" as Old Business Item B. Councilmember McComber, seconded by Councilmember Swenson, nnoved to approve the Agenda as amended. Carried 5 -0. fl, Denartment /Council Liaison Reports: A. Plannim4 Commission: City Planner Richards reported that the next meeting of the Planning Commission is August 14. He stated that three public hearings were on that agenda: Xcel Energy Fly Ash Site, Oakgreen Village reconfiguration, and Oakgreen Village Carriage House Cooperative plan. He reported that the Xcel Energy lily Ash Site public hearing was continued to September 11. B. Parks Commission: Councilmember McComber reported that the next meeting of the Parks Commission is on August 18 at 6:30 p.m. at City Hall. C. Cable Commission: Councilmember Doerr reported that the next meeting of the Cable Commission is on August 20 at 7:00 p.m. at the Access Center. I7. Water Management Organizations /Middle St. Croix: Mayor Beaudet reported that the next meeting of the Middle St, Croix Water Management Organization is on August 14 at 7:00 p.m. at the Washington Conservation District Office. E. Other Liaison /Staff Reports: Councilmember McComber reported that she attended the Convention and Visitor's Bureau meeting; and they discussed promoting and advertising for "STAY- cations." Councilmember Abrahamson complimented city staff on the 2008 Party in the Park. Mayor Beaudet thanked all the 2008 Party in the Park sponsors and city staff. Page 6 of 86 City Council Meeting Minutes August 12, 2008 Page 2 of 4 III. Visitors /Public Comment: Recvclimy Award: Administrative Secretary Pinski reported that Jerry and Wendy Wiese of 11873 57` Street N. were chosen as the recycling award winners. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes --- July 22, 2008 C. Award Tree Planting Bid to St. Croix `Tree Service D. Approve Miller Excavating 3" Payment for 2008 'frail & Park Improvements I. Approve Resolution Recognizing the Contributions of Police Chief Lindy Swanson F. Approve Donations to OPH P.D. for Party in the Park G. Approve Resolution Accepting Donations for Party in the Park 1-1, Authorize Staff to Notify Xcel Energy of Sinkholes --- Village Area Counciln Swenson, seconded by Councilmember Doerr, moved to approve the Consent agenda. Roll call vote taken. Carried 5 -0. V. Public Hearini4s: None VI. Old Business: A. Accessory Building Studv Estimate: City Planner Richards reported that he submitted an estimate not to exceed $1,750.00 to research other ordinances from cities that have addressed this particular issue. Councilmember McComber stated that she was concerned about the expense that residents with nonconforming lots incur through the variance process or conditional use process. Mayor Beaudet stated the City could review changing the fees for variance or conditional use permit applications. Councilmember McComber, seconded by Councilmember Swenson, moved to refer this item to the Planning Commission's next nzecting for their feedback and bring it back to the next council meeting. Carried 5 -0. B. Building Committee Update: Mayor Beaudet requested the council's position on whether the architect should prepare an additional set of plans for City Hall which would include a relocation of the Public Works building. Mayor Beaudet also questioned whether the storage yard should be right up to the property line, or should city code be followed. Page 7 of 86 City Council Meeting Minutes August 12, 2008 Page 3 01 4 Councilinernber Abrahamson stated that code should be followed relating to placement near a property line. Councilmember Swenson, seconded by Mayor Beaudet, moved to have Randy Engel prepare a second plan. Carried 5 -0. VII. New Business: A. Xcel EnerL — Amended Conditional Use Permit _- Moelter Fly Ash Site — Reauest for Additional Time —Timeline I- ;xtension 120 Days: Mayor Beaudet, seconded by Councilmember Abrahamson, moved to allow the extension to December 31. Carried 5 -0. Councilmember McCornber stated that she attended the Xcel Energy neighborhood meeting on July 31. She stated that there were concerns that certain conditions of the current conditional use permit requiring Xcel Energy to keep the dust down and water and sweep the street were not being followed. City Administrator Johnson stated that the condition requiring sprinkling to control dust was for Saturdays. and since 2006 Xcel Energy has not used the site on a Saturday. Iie stated that the current conditional use permit could be amended to require watering everyday, as opposed to just Saturdays. Mayor Beaudet stated that it would be helpflul to schedule a worksession to discuss concerns. Chuck Donkers of Xcel Energy came forward and explained the steps that Xcel Energy has taken to reduce dust and keep the streets clean. VIII. Closed Session: A. Annual Performance Review -- City Administrator: Mayor Beaudet, seconded by Councilmember McComber, moved to go into closed session at 7:48 p.m. Carried 5 - 0. City Attorney Vierling reported that the council will go into closed session pursuant to State Statute 13.D.05(3) and that the meeting will be tape recorded, and the tape recording will be maintained for two years. Open session recalled at 8:10 p.m. by Mayor Beaudet. Mayor Beaudet reported that council reviewed the City Administrator, and that they felt that Eric does an outstanding job in working with the public, developers, and city staff. City Attorney Vierling reported that, with the consent of the City Administrator, the council did have a brief meeting with council and the City Attorney without fhe City Administrator present. He reported that the City Administrator then joined in for the review. Vierling stated that no particular action was taken during the course of the closed session, and that the City Administrator's position will continue under the current contract. Page 8 of 86 City Council Meeting Minutes August 12, 2008 Page 4 of 4 1X. Adiournment: Councilmember Swenson, seconded by Councilmember Abrahamson, moved to adjourn at 8:11 p.m. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski David Beaudet Administrative Seeretary /Deputy Clerk Mayor Page 9 of 86 This Page Is Left Intentionally Blank. l s . Page 10 of 86 L V�T, - Oak Park Heights OS Request for Council Action Meeting Date August 26, 2008 Agenda Item Title Approve New Tobacco License for Croix Oil Company dba Croix Convenience -Oak Park klei�hts Time Required Agenda Placement Consent Originating Department /Requestor Finance - Judv Holst, Deputy Clerk /Finance Director Requester's Signature 41-e "t Action Requested Approve new tobacco license for Croix Oil Company dba Croix Convenience -Oak Park Heights Background /Justification (Please indicate: any previous action, financial implications including budget. information and recommendations). An application has been received from Croix Oil Company for a tobacco license at 14493 60 St. N. effective September 15, 2008. This site is currently occupied by Superamerica and has been purchased by Croix Oil. Superamerica's tobacco license for this site will be cancelled upon approval and issuance of Croix Oil's tobacco license. All fees and information required per City Ordinance 1409 have been received. The criminal history checks have been completed with nothing negative found. I recommend approval of the 'Tobacco License for Croix Oil Company dba Croix Convenience -Oak Park Heights. Page 11 of 86 This Page Is Left Intentionally Blank. Page 12 of 86 EMCLOSM� F- - Oak Park Heights Request for Council Action Meeting Date August 26, 2008 Time Required: Agenda Item. Title: ADDI "OVe Results of Sales and Use Tax Audit and Payment of Amount due the, Department of Revenue Agenda Placement Consent Originating Department /Requestor Finance -ludo Holst, DeDUtV Clerk /Finance Director Requester's Signature l Action Requested Approve results of Sales and Use `l audit and Davment of amount due the Department of Revenue Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): See attached. Page 13 of 86 s Memo August 21, 2008 To: Mayor & Council From: Judy Holst, Deputy Clerk /Finance Director Re: Sales and Use Tax Audit On June 24, 2008 an auditor from the Department of Revenue was at City Hall to perform an audit of our sales and use tax for the period of February 2005 through May 2008. According to Minnesota State Statute, taxable retail purchases where the vendor did not charge sales tax are subject to use tax and is the responsibility of the purchaser. At the conclusion of the State auditor's initial review, he determined we owed $8,815.20 in use tax from February 2005 through May 2008. Finance staff thoroughly reviewed the list of invoices for which the State auditor claimed use tax was not paid. There were several invoices that we did pay the use tax, several invoices that were not taxable and several that the amount they claimed taxable was incorrect, After full review of the invoices and numerous conversation and meetings with the State auditor, the amount of use tax owed from February 2005 through May 2008 is $3,980.89. The major error was the use tax was not paid on our contract with Civic Systems for the computer software and maintenance contract. Tax owed for Civic Systems is $3,161.38. The remainder of tax owed is for photocopies and faxes for legal services, shop supplies for repairs to vehicles and miscellaneous purchases. I consider the amount of $3,980.89 the correct amount of use tax owed by the City for the period February 2005 through May 2008. In addition to the tax owed, the Department of Revenue is charging interest on the amount owed of $546.69. At this time there is no penalty applied to this audit. If the City agrees with the final Audit Report, we are required to sign the Consent to Change Sales and Use Tax forms and submit the form by August 26, 2008. The use tax and interest must be paid to the Department of Revenue by October 27, 2008. If the City wishes to appeal the determination of use tax, I will call the Department of Revenue to see what further steps need to be taken. I recommend signing the Consent to Change Sales and Use Tax form and submitting the use tax plus interest in the amount of $4,527.58 to the Department of Revenue. Attached is a copy of the final Audit Report . Page 14 of 86 CORP TAX DIU Fax: 051 5631 U2 Aiig 12 2 €06 11:53 P.01 MINNESOTA- REVENUE Sales and Use Tax Divisiorx I P,OO Box. 7153 St..�Paul, M"l' 55107 -0153 . - �Gu�v.taxes•state.mn.us - i . Fax i GQmPANY: Oak Park Heights PHONE: 651 -439 -4439 FAX:. 6 - 0574 ATTN Judy Heist F'.ROW DI.I.S h erritt PHONE.:, 6.5 FAX" 651.556 -31 " DATE:' 0811 Num 'ber of pages iriciuding cover sheet: [1 a] j Here ,ge,some instluctioxas to ftnalize tl`ii.s. audit. Thank you.. Enclosed is the £t> d Audit Report and Consent to ChaDge Sales aid Use Tax (Form DORS Q. understand the ad "usttxlextts and do n0 plan to appeal If you do not agr6-e with t that you Tease sxgn.annO date Form DOR51. B st ntn the conselit form, you axe statin tl:te audit repay ti, do not sign the DOR51, and call me. F ax, the.sipe DO 125J to meat 651 - -3102 so that I, xe(i;ive ii by OSi26ii200fi: e You may pay now or wart until 10 to pay the amov, -)t due - �vtthout incurring aMitton,0 interest charges. Please; mail the Payment Coupon ioczted at the bottom of your copy of the D,0St5 „ivi,tl your reznittanco to my attention.. You will riot be saht a bill or rexninrler to pay. 7f the payinet�t is not made bythe above date, late payn nt penalties and additloza'al iz�.ferest may be added. Thank you for your° assistance and coo ?cratioxt dung the a.itci.it pxoce ss al�d please call rn e at . �S I��S���� youlaave "aay c�uestia�'s. Sincerely i Tustin Sherritt i Revenue Tax Specialist I confldontiality Notice 1 document(s) accoiapanyin& this cover sheet may cont- legally protected con , infertttation 'thr, . imormanon is ?nrindcd only foil the use of z Gpiet?� above, IFyou are not the intsxtded recipient, you are, hereby notified tlmt any disc }osurc, colryin,, distfibUnoil, by taking ofauy action in reliance on the contents of this telecopitd infom'ation b,v you i.5 sti-icdy prohibiLcd =d mxy result in a crisrunal pmoty. if you hxyc rcceive4 his fax is cq-Qr pleas_ c notify us inu icdiazcly by tcl( phone to arrangr for the re-11m) bf the 8W. MI(s) 10 u5 i Page 15 of 86. CORP TAX NV Fax:6515563102 Au- 12 2006 11:54 P.02 I i MJNK_E-S,01 REVENUE Sales and Use Tax Minnewt� 1D. 7201533 Ex lanati ©n of Adjustments Period Covered by Report Notic Date. _.. .. 02/01105' 01'3.'1W 08 2610.. OAK PARK HEIGHTS CITY OP' Revenue Tax Specialist Dustin Sherrit:t (65 "1) 656 -6833 PO PDX 2007 it ] Additional Tax (F •c�rt1 ExFiiti" 1) $3;�3 A 0'89' S �LLVUAT�Ei� _I 1_, -3.007 Based .on an examination .of your records, we have made. adju stments ustmPnis for the periods spawn above I _ We identified •purchases that .sjlcluld,have bIon in in the taxabI6 amount on'your :ales and use tax retums, See Schedules A: Purchases Subject to MN Use Tax - -- Fixed Assets, arid 8:. 1��7rct�ases aubject'fo Mt�'t� �e Tax -- Purchases for d list of these purchases. (M.S, 297A.73 and/or M,S, 297A.63 and M.S; 289A.37, Subd. 1(a)) {Prior to 0710110.1, M.S. 297A_12 and/or M.S. 297A 11 and M.S. 289A.37, Subd. 1(a)} Minnesota sales and use tax law is governed by Minnesota Statutes, Chapter 297A (M,S. 297A) alrid Minnesota Rules Chapter.8130_ S #atule cites.or Rule references appear' in parentheses whenever an item is defined as taxable or is specifically exempt under Statute or Rule. We also lister/ cites to tax adri inis €ration and c� rnpliance law (M.S. 289A). For rnorespecific information_on,apch item refer to the reason code (Reason} column on each schedule: file foil owing explanations correspond to the numbered reason codes: 205. - Purchases of supplies, rrtaintenance items., and repair parts by the end user air~ U. xable. (M•S, 297A.63) (Prr i r to 07101 /01, M.S. 297A.14) 206 Purchases of tangible personal property delivered into Minnesota for use, storage, distributior3, or rx�nsurr,ptirn��are subject to Minnesota, use tax. (M.S. 297A.03) (Prior to 07101/01, M.S. 297A.14, Subd. 1) 215 Charges for copies of printed materials are purchases of tangible personal property and are, therefDre ,taxable ( Subd. 3(c)) (Prior to Q7101/01, M.S. 297A.01, Subd, 3(b)) 220 Shipping, handling, and combined shipping and handling charges are taxable when the item purchased is taxalalc. Charges for delivery bitted by the seller, including postage, transportation, sHpping, handling, :and both incoiTiirjg and outgoing freight, are taxable if the items purchased are taxable. Prior to January 1, 2002, shipping charges ware exempt only when the shipping charges were incurred after the title transferred, and were stated separately frc.m the sales.prlce sad any taxable handlirg ch ar (M.S. 297A,61, Subd. 7(a)(4)) (Prior to 07/0110'1, M.S. 2.97A.01 , Subd. 8) .313 Sal,esY:pUrchases, leases,.or licenses to use canned computer software are taxable. (M.S. 297.1k.61, Subd. 3 (tl�)) (Prior ,0.07/01101, NI.S" 297A,01, Subd. 36)) 325 This maintenance agreement is optional and the charges for upgrades or enhancements and support services are trot „separately stated. By ruf , 20 %o of the entire charge for the maintefiance contract is taxable. (Rule 8130.9910) ^ 454 You paid Minnesota sales tax to your vendor in error on this item. This adjil'strne;nt allows a credit fnr t11at i overpayment_ Since we have allowed this credit, you should not recover the tax from your vendor or file ' an - re: ded returns for this credit. we- calculated- inte�est..fromJhe. date ttlg tax was due to the notice dale. The chart below shows the interest rate by period. (M.S. 289A.55) _._ . RERIQQ RATE 4.1.12.00.3. - 1 , 2 120 03 5% 01/2064.- 12/2005 4% :. Q 120A6 12/2006 6% 01/2667 1212008 8% As part of this audit, we advised you of certain incorrect actions relating to your Minnesota sales and use tax responsibilities. Minnesota tax law authorizes the assessment of a 10% negligence penalty. We.tlave not applied the.penaity to.this,audit. Jf we discover underreporting issues in the future, this penally may apply. . j Page 16 of 89 1 oft CORP TAX DIU iax:6515W631C2 Au; 12 21:06 ?1:54 P.a3 i E OAK PARK HEIGHTS CITY OF � Taxable retail purchases where the vendor did not charge sales tax are subject to use tax. Use tax is the responsibrlrty of the purchaser. You currently have no sys'tern in place to accrue and rerrlit use tax art taxable purchases. We recommend that you put a systern in place so you can report these taxable purchases. This report was based on the laws in effect during the review period and should not be eonsidared Wcomprehensive list of sales and use tax issues that affect your business. Subsequent statutory changes and court decisions could affect the tax treatment of similar transactions. Because efforts were made to efficiently identify significant sales and use tax•iNsues that affect your business, it is possible that your business records could contain sales: and use t~ax issues not addressed ,in tali$ audit.... if you paid a tax in excess of the taxes lawfully y o u can order as fi a Strl ax, f o r arE order detern�inil g an appeal El a date the tax return was due or one year from the da te of an der commissioner filed return, whichever is later, provided that you have paid ir, full the amour #� owa co three o far € return made: by the.comMission6r. The refund claim must identify the taxpayer, the type p` P i th ©k�- vc`nras : airs, the a„ aunt of the ov erpaym ent and the grounds on which the refu nd is being claimed. , Attachments Exhibit .I - Computation and Summary of Tax by Period -Exhibi0I -- Galculatiorrof Change.J67ax Computation of Tax, F'enaliy, and PrEtereSt Schedule A - Purchases Subject to MN Use Tax -�- Fixed Assets Schedule 8•- Purchases Subject to MN Use Tax Purchases I E I I i I i I I I 1 i Page 17 of 86 z ' " E CORP TAX HIV Fax:6515563102 Auu 12 2006 11:55 P.04 [)ate OW12ib8 ptEVE.N U E ! Sales and Use Tax Division ! ,Caputafion and.S.ummary.ofiTax by Period m i OAK PARK HEIGHTS CITY OF Exhibit 1 - Minnesota I.D. Pe�io. , Total . Periods Schedule A $chouie B . .... ..........._..._... _ .. - .� 16:34. .. 02/01105 02/28/05 OQ ..16.30 19.57 03l0?105 ° 03!31105 D(} 19.57 44/01/05 - 04130!05 .00 17.85 ' 21.45 ,04 21.45 ' „05101!05 - ,05!31,105 06/01/05 06/30105 00 3.11 5.68 D7IQ1,fD5:07131105 .00 5.68 00 0 810 1105 - 0 8131105 .00 .00 i 25.94 09101!05 09/30105 •00 25'94 6.23 10101105 - 10131105 .00 6 2.31 11/01/05 _ 11130105 • 2'31 3.84 12101!05 12131/05 .00 3.84 23.71 .. . 01101/06 - 01/31/06 00 23.71 1:3.00 . .,. .. . 00 .00 8.63 02/01/06 - 02/28/46 13 03/01/05 - 03131/06 .00 8.63 04101-IO E-- 04130106 -. DO 2.28 5 �s..... 05101/06 -05131106 - .00 539 06/01/06 ,06130106 00 - 28 4 .43 - D7101106. _ 0713'1106 .00 4.43 ,540 40 D0101106 08131106. X1,38938 151.02 _ j 70.x__.... 09101!06 09/30/06 .00 10.64 322.59 10101i06 - 10/31106 272:12 50.47 ,9.26. 11101146 - 100l06 .00 .. 9.26 9,5'73.3k` 121{YI106 1213'1106 . 1,389.38 .. 183.96 01/01/07 - 0113'1107 55.25 20 19,84, ., . .. 07/01/07 -, 02128107 • 00 19.84 23 -63, . 03/01107 - 03139107 O0. 23.83 0€101107 -- 00 7a 1 04130167..... .. .. 00..._ ......._. 7,47' , 8.70 ... ..... 8.703 ' o5/01/07 _ . ... '06141107- 06/30/07 2 0_Q 6 I 07101107- 07131107. _.. .00 44.04 08!01107 - 08/31/07 • 44.0 3 : 9 e 09/01/07 - 09/30107 00 3. -96 10/01107 - 10131!07 Oo -34.96 .DO 36.13 I 1]l,O.i(0-,1f3010 2(3.30. 7 1 t"J01 f07 � T2. 11017 ,60 20.30. 00 _, .. -.00.- - Q0 2:8`l 02/01108-02M 1D8 .00 2.62 16.26 04/01108 - 04130/08 .00 16.95 00 1108 Op .00 .. _. 0510.110A -,05 .... _. ..: . - Net Change in Tax: $3,930.89 r E Page 18 of 86 CORP TAX DIV Fax:6515563102 Aug 12 2008 11:55 P.05 MI NNESOTA -- REVENUE Date OEl11 2108 I E Sales and Use Tax Division Calculation of Change in Tax OAK PARK HEIGHTS CITY OF Exhib(t It ,Scheduie•A— p.UTr_ uses &bject to MN-Use Tax - -- Fixed Assets 7 02101105 - 05131/08 48,636.4 @ 6.50% - 3,161.38 Number of E.ntries:. _ _ $48,63.6AO 5che�ule Nurnbcar of IRntries:. Z . Schedu4e B Purchases - Subject-to M�4 Ose TaX --- Purchases .. 12,506.56 @ G.50% - 819 51 Humber of Entries: 100 02/0 - 051;31108 __�___ - -- - �61 ' �12,F�Qh.56 i`3.51 Schedule Number of Entries: 100 ____ . $61,?d2.9r $3,38b'89 Report, Totals. 107. I i a i l I f I i i I Page 1 of 1 Page 19 of 86 CORP TAX D1V Fau:6515563102 AuZ 12 2C08 11:55 P.OE 3 N.IN.�IESC)TA- R )EV NUk Date 0$ 12108 I Safes and Use Tax Division j Computatiaa.af TTax,"Penaity,.a.0.d 1"..erest by Period •- through 08/26/08 OAK PARK HEIGHTS CITY OF Tax, Pen alty, anti interest 1 583 .� -- ---- � Interest � Iota[ periods -- 3.64 02/01/05 -O2128!05 -- 16.30 4.31 23.58 03/01105 -03131/05 19.57 �,g7 21.72 04101105 - 04130/05 17.85 59 26.04 fl5101105 ^OV31/05 21 0.56 I 3 -77 06/01105 06130i05 111 1.1 7 ' 6.85 5,68 - - OT101105" "" 07/31105 000 0.00 . x i X 4.n, 5.2 31- 0 � 31.14 09101/05-09f30105- 25.91 ;; ..:., ..,, . , . :' :::' •_ : - . - 6x:23° :., . ., .; , • _, 1.2.3 ?siG, _. °..1010'1705 = 10�3110'S p.44 2.7 • 0.,73 ~ 4.57 . 171 ©t745 1 31105:::.:'!' 3.84' C:.{Yif04!(3 ..0131f06:: + 2.33 15:33 02/04/06 - 02128106 13.00 1.50. X0.;13 0310'4106 03131106' 8 0.38 2,66 04101106 .64!30/08' 2.28 0:88 6.27 05/01106 - 05131/06 :.:. 5.39 _ . 32.83 ., .i ... 06(01106 ,-.06130106.:..:: 28.32 x,'68 . 07/0-1 - 07131/06:. _., 4A . _. 08101/06 - 08131106 1,540,40 1.51 12,18 09101106-^0913 M1� _.. 10.64..: .... 44 367.43 101!06. ,• - 1 0131!06 -. -. 3?�.5,9 10 1.24' . 10.50 14101106. 11130106...... 9.28.... 20'x' 1 G ?;774,60 ... 12201/06 -"12131106 1,573.34 y 15 i 34.70 01104/07 -- 0,01'07. Z55 2.78 22.12 02!01107 - 02128107 49.84 2 26.40 03101107 - 03!31107 93 0.7G � 8.23 .04J01107. -- 04130107 -7, 47 . _ .....,_._ .. 0,.d2 I 9.5z 05101107 - 05!31 r07 ' - 8.70 " .......... . ._ ... . . . ... $1.96 . 0610 . 1107. ^--0613010 . . . 7...... 7.5.3.1'_ 0.54 7.16 .. 07f0 110T 07131/07 6.62,. 3. 47.32 2.E 08101!07- 08/31/07: ,... 44,Q4,. 0.27 4.23 09101107" - 09130107 .•._, 3:96 7,14 i .. -37.10 '10101107-' 1-0!,1147. ,-- 1110'1!07 11130107 -. - ..363.3 i 2 12!01107 - 12/31/07 - 20,30 [1.00 . - .. 1 0.00 .- •0'1101!08-- F>•113�+108. ".,. .__. . 04/01166 __G2!29108 - _ 2,62_ U�iS 16' 't _03/01108.03131 /08... .16.26., 0.23 1118 04101108 -04/3o/b8 10..95 0.00 0.00 05101!08 - 05/31105 0.00' i r 5 . -- $3,98089 Net Arr4vunt 40ue: 4,527.58 Page 1 of 1 k Page 20 of 86 CORP TAX DIV I•ax:6515563102 Auk 12 2006 11:56 P.07 . � Date 0811 P-108 MINNT SOT `REV'S NUS S.aLes.apd_Use Tax Division Purchases Subiect to MN Use T. ax - -- Fixed Assets . Schedule A OAK PARK HEIGHTS CITY OF � .. _i 1D 7201:5.$3 _ Minnesota . _.. .. – ..: . . .. 17e5Cripd : : - ,ou an Reason in voke _�. - T7ate Name ltem — .�..,..� - -- ---- -- 21 i375.U0 1 313 Llcoon, �sas CVC3618 "0$!2210& CIVICSystams 113r5,Q7S POrIpd Tax 31�389.3t3 >_ice,�se. Fees 2 313 CVC3702 41000 -00 .90110 06 - CMC Systems, TE6.40 1011Ql06 t;lvlc Systems ,Somi- Annua{ Support Fe ©s - 3 325 CVC3704 F'eriod'Toxable - -- Q,186,40 T 272.12 4 313 CVC361$ 21375.OQ. °12128106 Civic. Systems License Fees . ' - Ferioci Tax36lo �i21,37�0 'Tax S'i,339.38 1372.E0 Semi- Annua€ Support FOBS 6 325 CVC399 "/ i 477.20 Gl /M07 C _ Semi- Annual Support Fees 5 325 CVC38fl3 ivio Systems - ..... — �„ Period Taxa Tax , 555,25 061'54107 Civic Systems.. Sernl- Annual5uppoifFees 7 32,$ rVC�61 .s�Q o0 Period Taxable `135 T i $x75 Schedule A Taxablo 'fotal $4&,636.40 Scheduie-A Tax RateS . 0210110.5. (0 Exhibit l) $3,161.36 i I i i i I f 0f"I Page. 21 of 86 CORP TAX D I V Fax: 65155631 02 Aug 12 2008 '11:56 P.08 MINNESOTA REVENUE Date 08i1l2108 sales and Use Tax Division P urchases -Subject to WN Use Tax - Purchases � orc Sc}tedu e B OAK PARK HEIGHTS CITY OF Minnesota ID 720158 Iterrs F:eason lnVCicfl Amount Date Name Description E ?00.60 ,�� _ _ _ . _ _ �_.� _ �� �— 02l11l05 Sen3us Metering Systems Sonsus System Support 1 325 7•,2:50026719 02/17/05 Eckbarp, Lammas, Briggs. Photocoples and Faxes 2 215 65708 20.00 02128/05 Eckberg, Lammers, Briggs. Phatocopies and Faxes 3 215 65708 30 "86 Period Taxab e a?50.8U Tax $16.3fl . 215 67'74 - 130.Of3 03128/05 North Contnt Serrvloo COOP -Kayo Clinic WiJ6 4 43F29Oro�cberg ............ .... ,Photocxlples end Faxes 5 215 6;=41 S 23.00 Lammers, tags. 148.I?D Qhotocopias and FaKEu 6 215 61!"16 - 0313'1105. ECkberg Lammers. 56995, P nod Taxable Tax $19.57 04107105 Westgatemedia.00m Microsoft Office XP Standard 1 313 111290'4207 . - 144.40 Phatocopies and Faxes 8 245 67289 130.60 �4/ 29105 EGktser$,.f`3uunetS,J3rigg5 Period Taxable $iti:St1 Tax ( $17.85 ;.,...._. -, .... ..... _,.. ..,.,., .. 59 205 97.5123 05113/05 l3SA_F3lue Book .3o ... Marking laps /Paint 9 .... 205 {> -512. i •1&3::,4 05/23/05 Donaid'Salverda & AssOcia Folders and Binders 10 20.60 f'hotocapies and Faxes 11 215 67420 I 05!29105 F_ckberg,Lamrners,.Briggs, .. 215 61420 I 65.80 05/31/05 ECkb8rg, Lammers, Briggs. PhotOCOpios and Faxes 12 �� period Taxaf;le Fax $21.45 36.7 i 205 4 ?9972 _061061.05.. Tthe :4,P. Gr)okE3 CO. glue &A. A. LicTags 13 11.00 fl6130fE}5 Eckberp: Lamri7ers, Briggs. phMocopies and Fares 14 215 $8267 Period Taxable Tar •i J , 87.35 Pip � -� ?_Oa t301330150 -0 07/28/05 Oriental Trading Company. Period Traxablca Tax 2 Coples Access 03 16 313 002.92134234. 3ti9.38 -091261..05 Amazon%LoP .. -. g.QO . ... PhotOCOpies and Faxes 17 215 1399W 03/28105 Eckberg, Larnmem"Briggs. Period Tw zble - 1 . Tax i $25.94 _. .45. Annual Support XIOX 18 325 121'4058526 10103105 @Comm _ 50.00 Photocopies and Faxes 19 215 705' 10125105 F=&berg. tammers; 9r19gs, Period Taxable Tax $0.23 35.60 Phot=Pies and Faxes 20 2'15 713139 11/30/05 Eekberg, Lammers, Briggs, Period Taxable ffi35�i7 Tax $2,31 AA. 16,4& . Go GTags 21 205 A6432v Orange 12!06105 The J.P. Cooko CO. . 12/28105 flick's Autornotivo Auto Repair 22 2D5 003G556 Page 1 of 5 Page 22 of 86 CORP TAX DIV Fax:6515563102 Au.- 12 2006 11:57 P.09 �al•iesiule B OAK PARK HEIGHTS CITY OF � MtnnOsota '� ID 720583 - .. I Ur+ount -. ..__ Description Item Rpasan nvOI�F l - - -- Date Name t � -ricd Taxable Tax I $3.84 01109!06 _61aGcbum Mfg. Co. ... N,).ConfliccFlagq 23 205 C27637$ 7. 306.12 . -_ _ .. ..... 72509 01 � Eckberg, Lammers, Briggs. Photocopies and Faxes 24 215 l r 215 725U9 40 -01131106 Eckberg, LaMMOrs, Briggs, P.I�otac_ opies and FaXc� 25 Period Taxable 72 Tax $23.71 326 Z7.60026342 2C0.00 02i15/D6 Sensus Mettlring Systems Sensus System SUP OrE 26 Period Taxable —00 Tax Tax 513,00 o Em ir _ Freight. 27 220 598(( 4 0313f106 lammess,.✓x�lgAs. —2nd Faxes 28 215 (3767 _ ...... 215 737B7 21 .kC - 43f 3 'it06.- EGktw9,.LammArs..EVG9s.. Photo COpias and Faces 29 Period Taxable Tax 04!25106 M.L.E.F.f & -A.A. Fisea(ms.Manual 30 266 NA • 35.00 i Period Taxable 335.00 Tax $2.28 05!18106 USA Blue .. _... -... _ .. $2.89 - . ..Book. Marking .Flags/f alnl 81 2D6 1693 Pwir Taxable �$ Tax 16.46 Auto 32 205 OU ;4i .06106106. Rlck,'s Automotive 175:D9 .06108I0Q Ripk's AutornOdve Auto Repair 33 205 00W278 195 03 Evidaenc� Kits 34 206 0415364 -3N 06112!06 Sirchie Finger Print L2bs . 4 y,00 Photocopies and FitxP, 35 215 75440 06!30106 Eckberg, Lammers.. Briggs. , X5.63 Period Taxable Tax $28.32 206 20018 "73 k 20.00 07!13108 Surplus Services File Cabinet 36 48.20 Photc+capiee, and Faxes 37 215 76137 D 7131} 06 - l=ckberg,.Larnmerw, f8dggs, Period Taxable s6&24 Tax $4.43 38 20:1 NA 76.14 D8101/06 The Stillwater Farm Store Wend Mier 25.66 Copies 3g 215 200 ... 0$ t09lQ6 .3V.alional.Re,{�rogra�hlcs .. _. Square Tube 40 203 102 ?242 08/ 281Q6 •rRgettge�.lAlelding.inc... 41 2D6 347506 2,059.011 CARMS Sidearms .... 65.00 00131f06 Eck pho[ocopies and Faxes 42 215 76716 - bergr•1ammers,. mggs. Period Taxable 2,32.3-1 Tax $151.02 206 79767A 80.05 09120106 :.14Jonroe. Systems for 43 . Busane Calculator 216 77725 72.50 0q%f06 Eckbergr Lammers, Briggs, Photocopies and Faxes 44 F Taxable $16:3 -65 Tax $10.64 72 -00 so,,recy Sleeves 45 205 800 *30 1t3170lOfi: t7iebafd :Ele�tlan Systems . 637.50• r 3 Polimaster Booths 46 205 8(7044711 10/11/06 Diebold t»loction Sy�ternS 47 205 0039703 16A6 10liJ1Gt3° Rick's AutomOdve.. Auto Rr3pair Page 2 of 5 Page 23 of 86' CORP TAX DIV Fax:6515563102 Au.- 12 2008 71:57 P.10 S+chedul'e S OAK PARK HEIGHTS CITY OF �Iirinesofa "!I7 72015$3 -.. ... ce Amo un Descrlptton Item Rsason invoi r Date Nam© 50.40 Photooap es and Faxes 48 - 215 77902 10!31106 Eckberg. Lammers, Briggs, Period Taxable X776.36 Tax $50 "b7 -11129106 -AJSA Blue Book Marking FlagslPalnt 419 205 27t31 93 83.17 215 7E636 x9.21} 11/30/06 Eckherg, Lammers, Briggs. PhotocoPlas and Faxes 50 _ 1.37 Parlod l'ar�abie Tih lax S19,26 _ 265 NA ,53.5.44- Air Gon7pressor 51 , :1211�lD6 ; Northem'�oa1 &,Equipment ... 205 NA 121151,06, ;,fgem,Tool & Ec}uipment Generator 51 _...... ... - 3 205 OFr1121 � 12129206. Ngrthlpnd GrappiCS - .?te,mps `- 4 ' 205 5r�z3109 E 38.88: .. 12229106 JP Cooke Company .. Pet Liwnse Tags 54 30.00 Photocopies and FawDS 55 215 78810 12/311()6 Eckberg, Lammers, Briggs, 215 71542 ! 44.80 Photow ies and Fax's 5p ::.321.3.1106 : Ec�Cberg, Lammers, Briggs, P.. _ _ ... ., _.., ..,. _ 215 7801.0 i •32 20. 12131 /06-Eckberg, Lammers, Briggs, Photocopies and PaxF>s 57 183�.:3i Pr9riod T axable M.. Tax X183.96 _ ..._ , Auto Repair 53 205 004084 5 20 01/04/07 . nick's Autorno6ve . r F"r � 2 60 Photocopies 21 ' and Faxes 59 79 "t' 1 b 40 . 01131/07; Ec*,ber9, €arr�mers,- Briggs ?_35 79658 01/31/07 Eckherg. Lammers, Briggs, Photocopies and Paxes 60 Period Taxable 5352 30 Tax � $2U.30 I - 205 02597 � 53.00 :.021091Q7: ICC.... _ 1RC StudY Companion 61 00 215A-D' . Auto Repair 62 205 00+1'1041 :: Q2J26107. Ricik'S, Automoflye ._ _. .. 15.20.. 215 807.18 02128/07 C- d�berg,- Larnmers,,Briggs. phortocaples and FaxaS 63 .21.6Q miners. Brl99s. Photocopies and Faxes 64 215 80218_ 0'2223107 Eckbergrt Period'Taxabio 0 � Tax 819.34 25.00 Zoning t3ooR 66 205 0:2787'.5 03116/07: ICG .: ::: ?.0.5 0041236 .275.50 03116107.:..RiCk's:.AO�tomot�ye :.._ Auto Repair 66 ._ , �t} n Photocopies and Faxes 67 215 80835 :..03131107....1 ckbet9..l:. It�merS, P6Qgs,. r 215 80834 Period'. 25.60. 03131!07 •Eckberg; Lammers. Bri99s,...... - Photocopies and FaxC� 68 —• -- od �i'ax�abie 'l•ax S23.E9 . B9 205 04070364 11495, 04/12107 Llberty Flag U5 Flags �11�i ga Period Taxable Tax 57.47 Radio ReceiverTT('dnsmiltAr 1 70 205 15169 132 05/30/07 SpeGalty Contracting 215 91912 'hgtocopie5 and Faxes - 20.80 51a1/07 Eck# )erg.7L'AMMPr�'7Br'90S,.:...: °:: _ _ .. 0 .. Photocopies and FaxQS 72 215 61912 55/31/07 Eokberg; Lammers; Briggs, Period Taxk&G T $ 131 . 80 Tax Auto Re air 73 '205 00.4215'2 i p1 5.. 061O�IOZ. t3ick's A+itnntottve _:, - . _ p Auto. Repair 74 205 004`33 t :.:OG1041.07:. tZok'S.Autornotfve.,- -, Auto Ralr 75 205 OU+�2 =120 061261#)7 °: Rirk'S At�tomotsve ...... - ep 26.60 - 06/30107 Eckbergr Lanlmers. Briggs, Photocop,es and Faxes 76 215 82U71 Page 3 of 5 Page 24 of 86 CORP TAX DIV Fax:6515563102 Aua 12 2008 11:57 P.11 DAK PARK HEIGHTS CITY OF 1 5 _ 83 n Item R Inv o . ce __ -- - IV�1laT1850L3•�Q. �2,�... - _ - p eal i Date Name Photoco .... a + -w 16.80 _ _ ©s axes 77 215 82071 - b6/30107 Eckberg, Lammem, Bri99s, PNlod.Taxatale S'3DE3 of Tax 520.06 36.20 07/31/07 Eckberg, Lammers, Briggs, Photocopies and Fakes 78 215 82 Photocopies and Faxes 79 215 82711 39.80 0713il07 Eckberc}, Ldmmgrs, Brk}gs> 215 62771 07/31/07 Eekt>erg: i.ammer,, Briggs., i? otocapies and Faxes 80 iaeriod Taxable �708IS Tax I $6.62 205 23182 74,75. 08101/07 Industrial Chem labs & Sr Litt Station Degrraaser 131 08x08107 USA Blue Book Marking Flags/paint 82 705 A26&32 X133.16 Auto Repair 83 205 0043143 1 03127/07 R+ck's Automotive . .4 08/31/07 Eckberg, Lammers, Sriggs, Photocopies and Faxt's SA 215 831 . 1 ..... 30 80 Pn�irnf TaxaAle �-WFU Tax i $44.0€ 205 -NA 15.00 09105/07 FEMA MSC . FEMA Maps 85 - 46.80 . I. 09130 /07-EokboM, Lammers, M998- .photo5:oplr3s and Faxes 86 215 84231 - Period Taxable Tax Cn dit fas of U 87 454 436W 10tD4107, flick's Automotive .. 1 8$ 10131107 Eckberg, Lammers, 9riggs Photocopies an ,. .. _. d 21S 84436 taxes 1 101391p7 Eckberg; Lammers,. Bri99s....... p�?otgCopirs and Faxes 89 215 64436 4 .40 ' 215 84�43E� 10/31107 Fokberg, L.amme(S..Briggs, PhatoGopiES and Faxes 90 _ Period Taxable Tax - $34.96 ic. s A?�t4motive 164.54 Auto Repair 91 205 0043945 205 0044022 - 391.20 -1'1108107 -Ricks Automotive -.. Auto Repair 92 1.• -- fanriod Taxable Tax $36-13 r 93 205 6335"122( 19/09107 Myron Mdstufaetvrinq Corp Atlas Diane. ,• • . 153 1?J19107 .. Normlancl. �raphiw Stamps 94 205 3698 1 1 i 43�t3 e? oto.ppies and Faxes 95 215 t3Ei614 1213710E EEkbexes t amrrrers.- Briggs.... ..- - Period TaxabiE` � Tax S20.30 :::.02129l08:.Ecf�berg ; Lammers, Briggs; . Photacopies and Faxes 96 30 _ 72 Auto.Repair 97 205 0045322 0212.9108 Rick's Autdmobva period Taxsbin Tax � 52.62 E SerA System Support 913 325 ZA80014455 240.00 . - . 0310E7J0 &• Sensus•Metedng.5ystarns . _. .. _. .. _ - 10.20 . Photocopies and Faxes 99 215 57365 03/31108 Eckberg, Lammers, Briggs, Per4nd Taxable $250.20 Tax $16.26 168.53 . Auto Repair 1D0 205 004 �4f1710$• Rick's Automotive..- .. Period Taxable — 3166.53 Tox I 510.J5 I Pa 4 of 5 Page 25 of 86: CORP TAX DIV Fax:6515563102 Aug 12 2006 11:58 P.12 Schedule B D* PARK HEIGHTS CITY OF � .. . 11�1f��it` sotc� .. _. Item asan MVJ('o �D. 720183 ... . )escnpbon ' _.. - -- -- " )ate : Name ... .... — _ -- Schedule E3 Taxable Total 512,666.56 schedule B -Tax Rate& 02101/05 - 05/31/08 6.50% Tax Total (to [-Xhibit 6 88;1 I i 3 i 1 i I i I i I 3 Page 5 of 5 Page 26 of 86 a CORP TAX DIV Sax: 6515563102 Aug 12 2008 11:58 P.13 I I DO -R51. Consent to Change Sales and Use Tax Noti��: late Minnesota lD 72 §83 tiAK aRtC Hsi °1 3 RITZ' of : Period Covered by Report 02jo1 los -- 05/31 _ Ftp venu�a Tax S,p cialist Pap - lent Due Qate , - '{}1271.��i78 X 2Q0� Dustin Ss PQ.BO rerriYt .... ; . STjLL•W • MN•-•55082- 300.7. { Interest Quo penalty 51,527.58 pdditianal.Tax.. . ;6.6.69 $3,980:89 $4,00 Thi form shows the change in tax (lability, penalty, and ;nerest for tYn3 period shown above. Interest is caml)uted tliro:agh the tiatiaa Thl Exp toreS ft of Adjustments, for complete details. date; See the enclosed 5T310C, Sates and Use Tax Payment is due within 60 days from the notloe date to avoid addillonar pertialty a If you agree with the adjustments, 110 sign and return one copy of thls farrn.to the Minnesota Department of Revenue co a ress proNded below: if you owe additional tax, Your p Y t charges. D signing this form, you are acknowledging that Y OI you from CI ncl a c c l a i m l ty refund or an amended ret m f you bni interes other 3 waive your y eal. However, signing will n p j adm app necessary. nin this form .does no time limit for filing a laid i,nal taxas amcanded l'Etum• it also doe adjustments are not extend the r ; S ig Minnesota Depatt . 9 t extend the If oe , rr+e nt of Revenue's time limit for as powe of attoinoy Only you oryour,representative may sign this w � for us i Rn m som a cornP>e�d FZEV184 w fh this forma For orporatiOns, an authoriz have not filed a REV184, Power of Attorney, officer of the co rpo tion must sign this orm. officers title and the officer f Include the office me of th© bLisine �fi, our refund may be If you are entstled to a refund, a refund is MOTO GhecX will b ho taX you oweyyou will reCE�l veaaerefund check for nce. applied to that liability if your retun a it electronically throug the l acidress below. a Maake your payable o ITIne olta our f If y ou owe additional tax, You May p Y payment and the payment stub on the bottom of this term D epar t me nt of Revenue and wnte your Minnesota ID Number on your chock. "t'his will ensurr� p your payment is crud;tod to �e proper.account. n of this ass(,ssmeM, ill sc44rclance with Minnesota Statutes, Sect 2%�C.33, This consent canstrtutes en assassm ©nf of tax for the vmount strewn u'uQ above, as c)i'the date shorvvrr t�bt3ve, grad a waiver o �+� additional notice of appeal rights. concefning Collect a Sued. 9, and 2700, 62. tsgrea to the.tax ad}ust mint shown above. 1 undersfanri that h y .sig sing this 1`61-m f will poi be able to contest ftris notice in avlr'niiasvt t Tax Court of by ad>xainisfratr've. appeal: - -~ Title �.D2te Signature of Taxpayer or Authorized Reproserttative` Mall to: Minnesota Department of Revenue _ l�rss5t'in :�herr3tt Name ol. Business.(if different from Taxpayer) P.61 13ox T15 I iVlinnesota •a venue, Sales. awl Llse Tax Division Director 5t. Pau1 MN 5510'l Q153 Fox to... (65 > . Version3 22 -- 1 0232007 SLIT N R AND SEND 50TTDM PL i;, �N WIl'N yokiR PAYMENT -T- µ- - -_ �- -- t3[4 ( 651) 556-6833 .. t .C',itY and � _ �. �L�.......i-- t-- s-- t -- � a a � s a IC3!ita AF392( � � Y�.wr 4 ..,.,.•x , k�. dS4' l'. r iMr es�s �E3fi YCaxpaY. r ante T• :: Tit_LWGi1'Ei i 'JiM II OAK PA3�K HEiGHtS CITY OF 72p1s83 1 i3 1 - Ledger i � cctive interawt Date ---'� t'roje� bode 'fax Ae — Tax' I� A Ree ®teed Eft Cow No, no d :4 mqunt de End I Type 1 —� _ ---- . -- -- k" i 951 p bB�lr ,, , r -•. +. _ i; 02/01105 Page 27 of 86 (Rev. 111055) CORP TAX DIV Fax:6515563102 Aug 12 2C08 11:58 P.14 1 , App Instructions I( you dsagri~e with the adjustments on the "enclosed Form ST300, Notice of Change ;n Sales and Use Tax, you have 60 days fTom ( #Ie notice date to appeal our determination_ You can elth"er appeal informaily to the Nlirinosatp .Department of Revenue or formally to the Minnesota Tax Court. if "you 4,r�nt "to Make arm irif6mm2[ appear, your wnkten appeal mast intrude a copy of the ST300, Notice of Change in Sates and Use Tax, and: Your name and address Minnesota ED number Taxable periods with the amount(s) in gilestlon l Items you disagree with on the notice i A summary of the facts or law on which you are basing your appeal Date of your appeal • &gnature of the preparer Astatemsrit_thi it the farts conWained in, tT4appeal are true and correct' I �" "YOii sFiould "also " "sricTutfE "a'd'ditl - oria3 fitif�rYnatiori or documentation ko su�iporf your a�peai. If within 64 days fr6rri the notice date_, you determine you"nced more time io prepare your appeal, you may fequest a 30 -day extension by "w iting to u;.i . Sand yoiir informal appeal" orarour request fora 30 -day extension to; Minnesota Department of Revenue Appeals and Legal Services Division Mail Station 2220 St Paul, MN 55146 -2220 If you want an infbrmW conference with a repMSeltwive of the Minnesota Departmerrt of Revenue, make this raauest In your ap peal. if you want anotfier Person to reprdsent you at the conference, you' mO$t Submit a conipietL;d Foam RE_V 184, Power of Attorney, in advance. Atany tithe during th0 conference; If you would I €ke to consult with min attorney, an accountant, orother representative, you have the right to request we stop the conference_ 1 oil WlIf have 'tip to 30 days to cor tbct vour repreCBn {alive. and cve will rescheidule'the conference :at a mutually agr ©eq' -upon t tte. You have the right td audio record in- person conferences, but you must notify us in advance_ WP also have the right to record in- per :,on wn6renGes, if.we notify you in advance. Y6u have the right to purchase a "copy of the tape. ; If your informal appeal is denied ib whole or in pat, you Mll have another 60 days from the dale of the Notice of DelerrrunOon on. Appeal to appeal the denial to tho M(nriesota Tax Court. lntera6;t contlnuas tci aarwrnulate during the time of tl";a app( -al, I if you want to rirake a forrnal appeal to the Minnesota"Tk Court, you may have your rase I earl in rz gular division or, if the tot7i of tax, penalty, end _ ' Interest In dlspute is 55,000 or less, you may appeal to f)mcr lass forma( Small Claims Division. AJI docislons In the Sniall Claims Dlviston are final. Neither you nor the Mimikmotra Department of RevE hug ;r appeal ttx decision, Rppeaf f`ortrss a "re available from the Office of th6tlerk of Oistrict Court 'in your county, or €rorn` Minnesota Tax Court Minnesota Judicial Center 25 Rev. Dr. Martin Luther King. Jr. Blvd, St. Paul, MN 55755 You ,Gr I nee d.fg skabrrlit a,cnpy of the Natice of Determination on Appeal or trio t orFn ST30f�. Not': e of C range in Sales an i IISEa,Tax, wi)r3n fling your appeal wfih to Tax Court. If you made a claim for refund and it has been denied in whole or in part, you may also file an action in Minnesota District Gourt. An action in the disVr t court on a denied .claim tar refund roust pe brought "vvithirt 18 months of the date the gornmissiorordenied the claim. k if you. are char8ed a penalty on the notice for failin ta,comply wrth;tho tax laws, but believe that you have a reasonable cause fondain so, you may b g. .elrgrble rir a penalty abatement, You w0i need to provide us witt "e. detailed explarsation of why you believe reasonabie Cause exist;• If you racaivn an „incorrect written "adv!Ge from the Min bepartrttetit of Revenue. and your penalty is a direct result o€ ltiat advice, we. must abate your penalty: _.: .. If your" appeal js prepared 0y someone acting on your behalf, and you want the Minnesota DeparGnent of Revenue to deal with this rapraschtative, you "muse send us a conip(etc "d Foam fZ�V1" . "Power ofAttor Foriii RRV184 is available on the Minnesata`Deparirr ent of everiue wCti5itk z;t - _ .vcvtw_taxesst�.te.rrtn.us or..you oan tali 55.1.:? -95- 3.78.9. . . (Rev. 03104) I i j Page 28 of 86 i I P 1. Oak Perk Heights Request for Council Action i Meeting Date Am -lust 26, 2008 Agenda Item Am)rove and Anpoint 2008 Election Judges _`Firne Req. 0 _ Agenda Placement Consent Originating Department /Requestor Administration /Jennifer Pinski Requester's Signature Action Requested Approve Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Listed below are staff recommendations for 2008 Election Judges for your approval and appointment. Election Judge pay is $10 per your for judges and $12 per hour for Head Judges. John Baird Kristy Maw Gene "Taco" Bealka Jeanne Mullen Dick Beulke Erna Reynolds Mary Jo Bouchie Michael Reynolds Emilie Carlson Joe Rheinberger Joe Carufel Margot Rheinberger Wilma Edhlund Rita Schoenecker Mary Engler Guy Sederski Jennifer Ford Carol Smith Allen Gosselin Mary K. Spencer Antoinette Groschen Sandra Swanson Donald Groschen Richard Tunender (Head Judge) Jodie Haefs Sheryl Vandenberg Margaret Hart Suzanne Vogt Anne Huninghake Pat Vogel Annette Johnson Janet Wettergren (Head Judge) James Link Kathy Link Page 29 of 86 This Page Is Left Intentionally Blank. \ - y: r \� \: Page 30 of 86 �p <`N Oak Park Heights - 6 Request for Council Action Meeting Date August 26"', 2008 Time Required: 3Minutes Agenda Item Title: Proclamation — Constitution Weep Agenda Placement Public HearinLs Originating Department / Requestor Mayor Beaudet Requester's Signature Action Requested Background /Justification (Please indicate if any Previous action has been taken or if other public bodies have advised): See attached Proclamation as requested to be expressed by the Mayor as received by Ms. Donna Dielentheis of the St. Croix River Chapter NSDAR. Page 31 of 86 CITY OF OAK PARK HEIGHTS PROCLAMATION WHEREAS. September 17, 2008, marks the two hundred twenty-first anniversary of the drafting o f the Constitution of the United States of America by the Constitutional Convention; and WHEREAS: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS: Public Law 915 guarantees the issuing of the proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; NOW, THEREFORE 1, David Beaudet, Mayor of the City of Oak Park Heights, CIO hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK AND ask our citizens to reaffirm the ideals that the Framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Oak Park Heights to be affixed this 26th day of August, 2008. David Beaudet, Mayor Attest: Eric Johnson, City Adindnistrator Page 32 of 86 . ..... ..... August 13, 2008 Mr. Eric Johnson City Administrator Oak Park Heights, MN. Dear Mr. Johnson, September 17 through 23 commemorates the signing of the Constitution of the United States of America. The Saint Croix River Valley Chapter of the National Society Daughters of the American Revolution would like to have Mayor Beaudet sign a Proclamation honoring Constitution Week. We would like a picture with the Mayor that can be submitted to the local papers. We would like to have this done at the August 26 meeting of the Council. It does not have to be done during the session. am attaching a copy of the proclamation. Please call me at 439 -3497 if this is possible. We have a photographer. Sincerely yours, Donna Dielentheis Saint Croix River Valley NSDAR Page 33 of 86 This Page Is Left Intentionally Blank. Page 34 of 86 Oak Park Heights Request for Council Action Meeting Date August 26` 2008 Time Required: 5 Minutes Agenda Item Title: Accessory Buildin s tudv Agenda Placement Old Bus' S i Originating Department/ I que r is Johnson, Citv Administrator Requester's Signature c Action Requested Discu sio , Possible Action Background /Justificatio lease indicate if any previous action has been taken or if other public bodies have advised): Please see the attached 8 -19 -08 Memo from Scott Richards. Page 35 of 86 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 2072, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners(ii MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: August 19, 2008 RE: Oak Park Heights — Accessory Building Study FILE NO: 798.11 The City Council, at their August 12, 2008 meeting, discussed a proposal from our office related to a study of the standards for allowing accessory buildings. The City Council questioned whether the issue was with the standards or with the fee schedule that may be preventing residents from initiating a request for a conditional use permit. As you are aware, the process used to allow property owners to vary from the Zoning Ordinance requirements related to accessory buildings is primarily the conditional use permit. Please find attached the 2008 Fee Schedule for development requests. As you will note, the City charges a base fee of $400 for a conditional use permit with a $1,000 - $3,000 escrow. There is a specific fee for Single Family Residential variances that is $160 with no escrow. The NAC contract with the City specifies a flat $300 maximum fee for single family conditional use permits or variance review. The City Council had asked the Planning Commission to discuss this issue. At their August 14, 2008 meeting the Planning Commission determined that no changes were needed to the accessory building provisions in the Zoning Ordinance, but a change in the fee schedule was warranted. They suggested that the fee for a single family variance and conditional use permits be the same. If the City Council wishes to change the Fee Schedule for conditional use permits, they can do so by resolution at their meeting on August 26, 2008. Page 36 of 86 CITY OF OAK PARK 1-IEIGI -ITS — FEE SCHEDULE llESC:RIPTION BASE FF,E *ESCROW Zoning District Amendment $400 $1,000 - $3,000 Conditional Use Permit /Amendment $400 $1,000 - $3,000 Variance: Single Family Residential $150 NIA Variance: lndttstrlal /C0MIIIerCial $200 $1,000 - $3,000 Subdivision: Major $400 $1,000 - $3,000 Subdivision: Minor $200 $500 Dome Occupation $100 N/A Site Plan Review $400 $1,000 - $3,000 Street Vacation $100 $500 PUD: Amendment $700 $1,000 - $3,000 PUD: Concept Plan $500 $1,000 - $3,000 PUD: General Plan $700 $1,000 - $3,000 Comprehensive Plan Amendment $500 $1,000 - $3,000 City Financial Assistance $3,000 NIA Ex. TI F, Tax Abatement, Special Assessments, Non - Refundable Annexation, Special District Projects, Etc. *Escrow: Escrow is a guarantee that all final bills for the project will be paid. Based on Number of Units: 1 -9 $1,000 10 -50 $2,000 51 -1- $3,000 If the project exceeds ten (10) acres in sire, an individual escrow will be calculated for the project. All new subdivisions must satisfy park dedication requirements. Home Occupation and Home Occupation Minor are renewed annually and require $10 annual renewal fee. Page 37 of 86 This Page Is Left Intentionally Blank. r T k , Page 38 of 86 Oak Park Heights ENMOSURE Request for Council Action Meeting Date Augsust 26` 2008 Time Required: 20 Minutes Agenda Item Title: City Hall Facility — Accent Citizen's Advisory Committee Recommendations & Next Steps. ; Agenda Placement Old Business; 1 Originating Department /gequOtor ; ie,Johnson, City Administrator Requester's Signature` Action Requested Discussion, Possible Action t Background /Justification (P,l'ease indicate if any previous action has been taken or if other public bodies have advised):' 1) The City Council will likely be receiving the final recommendations from the Citizen's Advisory Committee as the Worksession scheduled at 5:30 on Tuesday, August 26` 2008 at as to the location of the building and site plan layout of the new City Hall Facility. The City Council should formally accept these recommendations as received by the Committee at the City Council Meeting. 2) At the 8/26 meeting, the City Council should be prepared to provide conclusive direction to Architect Randy Engel as to its opinions of the building location and site lay -out options. Recall that the City Council did authorize the preparation of a second plan that demolished the current PW garage in favor of a new PW facility. ( see the two enclosed site plans) ( Cost estimates for the construction of a new PW facility will be provided at the 5:30 work session ) 3) The City Council should also consider what group of individuals should continue to facilitate the development of this facility. This could be a mix of staff, City Council members or others such as representatives from various Commissions. 4) The City Council should consider the holding of an "Open House" once final site plans, internal layouts are generally complete and building elevations are available. Perhaps this is accomplished prior to Oct 31 51 ? Page 39 of 86 6 er ULEV SITE PLAN FEATURES o �. Ia_�..�ar�M P OMN ID 0000 4 4E ya ---------------------- ------- O , I • tay N,t luw »,IW.nsbnh VYnMe O o �<< 13 �rw�. . �,I , O 00� 00 O •pv..B. 0 i —j j; n.& OFF STREET PARKING x x it x X, x 112a 6s s.ft —.e"rronaftmm - UJ 00- o 7 013RIEN AVE N. 5' 26' 2U Ell (C ` - -' - -- i O ! r s )822 Cl) A1.0 (Xl 0') 1 6'A'AMMON ____ GO' -0'ADORfOY CONC. �+ APR WORK TABLE Publk w Works Shop . Shop {1,00 ( S.F.} UTILf-.Y& HANDWASH E tff x 1 € SINK OVEa € HEAD DOOR! HOWCF CONCRETE APRON WORKTABLE X Sd' ' 11'x id t EMST STORAGE RACKS STORAGE RACKS vER HEAD' OV'LR HEAD OOR DOOR SL x i PLOWADES 1 I I ' F ' G_NERATOR Sc € w ENSE1 z DU DU!4P = I p TRU I ! TRUCK STACRED LARGE ---- -_- ^' I ¢ �INFASTRUCTURE PARTS ublic Works Garage � 'K 2,160 S.F.)z ut - 2 — � '. 2 Bay Addition z =x15r- x EYE NlASH EYE.YfA$H (2,160 S.E.) L7� STAnoN STAnON -\ K- RAN G LS Em N V LVAII p HOIST ° .I �CLA'IOrNG --------- -- - - - - -- S UFT €8' E % EX ,E I I _ OCA, N71 - - - - - --- fi ' SC'k 14' E V=R H =ADi OVERHEAD[ EXIT , L J EXIST. EAST i i i rE r � , rr .'la GONC- � APRON tlY�dlYliiiNSlil, SHADE REPRESENTS EXISTING WALLS (D PUBLIC WORKS BUILDING ADDITIONS: FLOOR PLAN I OAK PARK HE €GHTS - CITY HALL p OAK PARK HE[GHTS, MINNESOTA h BA# 0822 8/9412008 00 SITE PLAN LE V j O � � � �� � � FEATURES o �� �� •sunne�Xr saeov.+a +arvs m.,.a. w-- t J !7 cd aa CHU • chy �q 6 P-.� o o 00 Ap-- L 10 0 0 OFF STREET G: o PARKING 6j� & 1 112 ft H it! 7 7! i / T - F! onc)(D-cc)c)Q et 0 71 OS%EN Ar. N. o W so 2v 0 i, ��� l // (C) (D E. o822 A2.0 ro 00 CY) r 105' -4' NE .� 4PR0�\ _ _ • 7 5,--� r T i 34'x74' r 44'x14' : 1 14' %t4' r OVER REAOI i OVER NEADI DYER HEAO� OVER HEAOi 1 DOOR I DOOR r DOOR DOOR fl 1 � � � � �3oxt4• � T `ov�RHFy_.D DOOR 1 1 - o : : r 1 1F LOW BLADES : I : --------- .� ___- �_________________� >_____ _ --____ ___ ----- m s a 1 r ----- ---- -- LI.P Dt3MP O T RUCK i F ubGc Worts E — GENERATOR i {' ,000 S.F.; (GENSET) z ! --- - - - - -- Public Works Garage (2,150 S.F.) Q STACKE LARGE SS 3 O /^— QQ J 1N"" , CTURE PARTS 11 1 TRAVEL'hG IllJji i { t (� I I U ' CRANE& r� SK 1101ST HOIST _STATION r __ .I r _ _ __ _____ ____� r____ ----- - - - - r ____ _____ --- - S i r r 1 SCISSORS; i i ;L:r- 8' I 1 �ALTERNAT� i I ----- i I S 14'x14' r r 14'x14' ! 54'x74' i '4'x � OVER HEAO� i 0 RHEAD� OVER HEwj OvER HEeDr FE SHOWER SLOCKERS i n0[7R r 4OOR i Fitz i DOOR _ I V 3 PRO( PROM. l'-fl' ' -0 , td'-0• 1 '.111. 141 74'-4' 'A� 14'{1' 'A TA' 26-0" I (D NEW PUBLIC WORKS BUILDING: ( FLOOR PLAN OAK PARK HEIGHTS - CITY HALL 0 OAK PARK HEIGHTS, MINNESOTA h BA## 0822 8/14/2008 CD O) This Page Is Left Intentionally Blank. Page 44 of 86 � Oak Park Heights Request for Council Action Meeting Date: 08. 26-2008 Time Required: 5 min. Agenda Item Title: AE Purchase Authorization Agenda Placement: New Business Originating Department /Requestor: Oak Park Heights Police Dept., Chief Brian DeRosicr Requester's Signature: -- Action Requested: Approval of use of forfeiture Funds to purchase ALD for P.D. Squad and one for City Hall. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I have determined a need for 1 more AID . AutOnratic Electronic Defibrillator, for ou€r police vehicles. This piece of equipment is used by first responding persons to the scene of heart attack victims to attempt to restart ] reart function. This procedure has shown to be highly effective and is most effective if done as soon as possible after the onset of symptoms. Currently we have 2 AED units in service with the police department. This requires us to transfer I unit back and forth f rom squad to squad at the start of each shift -- since we use a 3 squad car rotation. "Phis has shown ineffective and the unit has been left behind frequently by officers not having time at the start of shifts orjust forgetting to check to see if they have a unit that day already o € not. 1 have also requested tine purchase of I unit to be placed in the city hall common area -- i.e liallway near council chambers. These units are self explanatory for the novice user and will not shock unless the unit allows the shock pattern after analyzing file heart rhyth €tr. I have solicited several different price quotes to include a "Grant" sponsored by the International Chiefs of Police Association. The pricing via retail outlets has been averaging $1,900 per unit. A direct quote from the manufacturc under the state of MN bidding was $1,421 per unit. The grant price is $1,299 per unit. We would also be purchasing a carry protective case for the squad car and a wail mounted case for the city hall. This is another good opportunity for the use of the druig forfeiture funds by ]raving those who take fron the community give back to it. I request authorization to purchase the following: 2 ea. Philips I leartStart 1 AED's $1,299.00 ea. I ea. Protective Carry Case $ 125.00 1 ca. Wall Mount Case $200.00 Total including Tax & Ship $3,179.49 Page 45 of 86 � 'GRANT APPROVAL # OCPXA08* Your Application for our AED Corporate Grant / Buy Down has been for... 1.) Free Prescription 2.) Discounted Medical Direction 3.) AED Options and packages listed below. *The prices listed are your net cost AFTER corporate Grant /Corporate Buydown incentive ty ✓(:I fi :.i.:F't;`. to ; (' v tho oo \`t I:Sn'w 1"o.; l;)oCliago 4.3 ?Ci['t au gratp7L f: (3J7 "r`.i t;? ifl ('; Our Choice.., 4.) Philips HeartStart FRx AED `j;.�.: R:, after your approved level of grant funding is applied MSRP ITEM #: 861304 carrying case not included Add The a id6 ,. ov +:;. q;e I Price: $125.00 ITEM #: FRXCASE (Seen Above) Or ,_° tsi � � Shvaii ! ce Price: 1 $200.00 I ITEM#: I YC Ul1(',i'Af;f,< „5Sf31'!CS 1 r the i':... 0 - %h <. !)',ltli C- (sl3lilc; °c tits: Ai..,l. },rmE2'S of f;C Extra Battery Infant /Child Key Extra Electrode Pads Wall Mount Cabinet wlAlarm Price: $145.00 Price: $89.00 Price: $49.00 Price: $200.00 Item #: M5070A Item #: 989803139311 Item #: 989803139261 Item #: AEDCab Page 46 of 86 PHILIPS PHILIPS QUOTATION DATE QUOTE NUMBER PAGE 08/13/2008 20355765 11 2 LAST UPDATED TIME Philips Medical Systems 08/13/2008 13:11:49 Mtn: Sales Operations 2301 5th Ave, Suite 200 Seattle, WA 98121 EXPIRATION DATE INCOTERMS pax # 206 - 664 -2000 10/13/2008 FOB DESTINATION Tel # 800 - 263 -3342 PAYMENT TERMS Within 45 Days Due Net Subiect to Credit Approval FORMAL QUOTE Oriqinal SALES REPRESENTATIVE CUSTOMER: Brian Koste Phone: 763-234-9977 Oak Park Heights Police Dept Fax: 14158 Oak Park Blvd OAK PARK HEIGHTS MN 55082 Chief Brian DeRosier Ph: (651)439 4723 QUOTE: CONTACT bwderos @cityofoakparkheights.com Kelly Champoux 1 -800- 263 - 3342x8411 Customer Number: 94098680 telly.champoux @philips.com SPECIAL COMMENTS: Formal quotes over $10,000.00 require a valid purchase order. Please reference the quote number on your purchase order, or sign the bottom of the quote and return to Philips. Questions concerning this quote can be directed to your sales representative or quote contact listed above. TEM PRODUCT DESCRIPTION QTY UoM UNIT -AMT AMOUNT(USD) 0 HeartStart FRx 2 PCE 1,895.00 3,790.00 861304 Defibrillator Agreement Discount 25.0% 947.50 - Price for item 10 2,842.50 Agreement #MH291 !0 989803 Carrying Case, FRx 2 PCE 130.00 260.00 989803139251 Defibrillator Agreement Discount 30.0% 78.00 - Price for item 20 182.00 Agreement #MH291 IO 989803 HeartStart SMART Pads II 2 PCE 49.00 98.00 989803139261 Agreement Discount 30,0% 29.40 - Price for item 30 68.60 Agreement #MH291 M 989803 Defibrillator Cabinet - 1 PCE 229.00 229.00 989803136531 Basic Agreement Discount 30.0% 68.70 - Price for item 40 160.30 Agreement #MH291 Page 47 of 86 This Page Is Left Intentionally Blank. Page 48 of 86 .PIM . Oak Park Heights IEWLOSURE Request for Council Action Meeting Date August 26"', 2008 Time Required: 10 Minutes Agenda Item 'Title: Planned Unit Develovrnent Conceot PIan — Two Senior Cooperative Rental Buildings- "Carriage House Cooperative" — West of Oakp-reen Ave., North of 58` Street Agenda Placement New Bus' es Originating Department/R u uric Johnson, Citv Administrator Requester's Signature ' Action Requested Disc s on, Possible Action Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the enclosed items: 1. Planner's Report from Scott Richards ( 8/7/08 ) ( exhibits may be found in the August Planning Packet. 2. Planning Commission Recommending Resolution (unsigned). 3. Proposed City Council Resolution. Page 49 of 86 NORTHWEST ASSOCIIAT NC. Ea CONSULTANTS, I 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 753.231 .2555 Facsimile: 763. 231 .2561 planners a nacplanning.con) PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: August 7, 2008 RE: Oak Park Heights — Oakgreen Village — Carriage House Cooperative Concept Plan FILE NO: 798.02 — 08.09 BACKGROUND Tim Nolde, representing Anchobaypro, Inc., has made application for a PUD concept plan approval for that area west of Oakgreen Avenue and north of 58 Street. The area under this application is to the east of the Phase 1 of the Oakgreen Village development and is approximately 4.8 acres. The project includes two senior cooperative rental buildings that would be constructed in two phases. The first building would be located at the intersection of 58 Street North and Oakgreen Avenue. The applicant has assembled all of the properties along Oakgreen Avenue either through purchase agreement or ownership. Those areas with purchase agreements have consented to the application for the Carriage House project. This area was given concept plan approval as part of the Oakgreen Village project in 2006. A portion of this property was also approved for general plan approval on May 27, 2008 to allow townhome units on 58 Street east of the pond, The applicant has requested concept plan review for both phases of the Carriage House Cooperative at this time. Attached for reference: Exhibit 1: Title Sheet Exhibit 2: Existing Conditions Exhibit 3: Master Plan and Traffic Analysis Exhibit 4: Grading Plan Exhibit 5: Utility Plan Exhibit 6: Elevations Exhibit 7: Parking Level Plan Page 50 of 86 Exhibit 8: First Floor Plan Exhibit 9: Second Floor Plan Exhibit 10: Unit Plans (2 sheets) Exhibit 11: Carriage House Cooperative of the St. Croix Valley Preliminary Plat Exhibit 12: Project Narrative — Tim Nolde Exhibit 13: Area Summary Exhibit 14: Oakgreen Village Concept and General Plan 2006 Exhibit 15: Area Summary ISSUES ANALYSIS Adjacent Uses. Uses adjacent to the subject site are listed below: North of Site: Present Zoning — B -4, Limited Business District Present Use -- Highway 36 orientated commercial development, Goodwill and the Xcel Energy power line easement South of Site: Present Zoning — O, Open Space Present Use — City park land, undeveloped areas, and a single family residence West of Site: Present Zoning — B -4, Limited Business District and B -2, General Business Present Use — Oakgreen Village area and Lowe's /CSM Commercial development East of Site: Present Zoning — PUD, Residential Planned Unit Development Present Use — Townhome residences and Oakgreen Avenue Proposed Project. The project narrative for the site describes the project as follows: "During the marketing Of Our current project we have determined a significant demand exists for various types of senior housing. As many of you are aware, tlhe senior population in the Twin Cities is due to increase substantially during the next 10 years. In recognition of Boutwell's success, we feel there is a major need for similar types of products at a different price category. We control all of the properties along Oakgreen Avenue. We have purchase agreements oil four of the homes and have closed on one so far. We currently plan to construct two 48 unit Senior Cooperative /rental buildings. 'fhe first phase is a two story 48 unit "Brownstone" Cooperative structure. All buildings will have major amenities that make senior living more comfortable; such as heated underground parking, library, computer room, wood - working shop, exercise room, party room with kitchen facilities, outdoor patio with abundant green areas for gardens and flowers. There will also be an activities director on site. 2 Page 51 of 86 We want the design and exterior of our buildings to be appealing not only to our lizture residents, but for the entire St. Croix Valley community. We feel the intersection of 58` Street and Oakgreen Avenue is the "Gateway" to the Oak Park I leights community. We plan on using large amounts of brickwork on the buildings. In order to make the project a success for the owners and the city. we need to keep the price of the units below the ave €•age selling price of homes in the area. Seniors went to clown -size, not take on more dent. This is especially important in today's difficult real estate environment. For that reason and others, we plan on asking the city to create a Tax Increment Financing District. The second phase of our prolcct is another 48 -50 unit senior building which will be a combination of two and three stories. This building will have the same basic amenities and design as the first phase." Comprehensive Plan. A Comprehensive Plan amendment was approved in July 2005, removing the Central Business District (CBD) designation and replacing it with a commercial land use designation, The current draft Proposed Land Use Map of the 2008 Comprehensive Plan designates this area for medium density residential. The Land Use Map would be changed in the Comprehensive Plan to indicate this area as high density residential, Zoning. This property has been designated as B -4, Limited Business which accommodates residential development as a conditional use. As such, the underlying base zoning district will be B -4, Limited Business with a PUD overlay. The B -4, Limited Business District lists two family, townhomes and multiple family dwellings as a conditional use. Subdivision. A preliminary plat was submitted with this application and the Planning Commission and City Council will review as part of the general plan of development review. Park Dedication. Park dedication has been satisfied for this area. The applicant paid the maximum percentage (14 %) of equivalent cash value as part of the original approvals in 2006. Project Density. Section 401.15.C.3 of the Zoning Ordinance establishes the density thresholds for residential properties. Two family dwellings require 6,000 square feet of lot area per dwelling unit. Townhomes require 4,000 square feet of lot area per dwelling unit. Multiple family units with one or two bedrooms require 2,500 square feet per dwelling unit. The total development area for Phase 1 to include Oakgreen Village and the Oakgreen Ponds as well as Phase 2 to include the Carriage House Cooperative is 781,699 square feet. The resulting density calculations are as follows: Page 52 of 86 Twinhomes: 4 X 6,000 square feet = 24,000 square feet Townhomes: 53 X 4,000 square feet = 212,000 square feet Multiple Family: 98 X 2,500 square feet = 245,000 square feet 481,000 square feet The development requires at least 481,000 square feet of land area. The project is well within density requirements of the Zoning Ordinance. Proposed Street/Access. Access for the Carriage House project would be from Lower 59 Street and Upper 58 Street, the two private streets that are accessed off of Nova Scotia Avenue North. The streets would end in a parking lot with the roadway improved with curb and gutter. There would be no direct access allowed from 58 Street or from Oakgreen Avenue. The plans also include a 50 foot right -of -way dedication for Oakgreen Avenue, as required by the City Engineer. This development, with added traffic, again raises the issue of impending improvements to Oakgreen Avenue and the need to make this an urban section of roadway. The City Council should consider the timing for Oakgreen Avenue improvements with construction of this development. Setbacks. Within a PUD, the base district setback requirements (R -3) are applied only to the perimeter of the project. The R -3 District specifies setback requirements as follows: 30 feet front yard, 30 feet rear yard, and 20 feet side yard. If the lot is on a corner, not less than 30 feet from a lot line is required for side yards. The PUD section of the Zoning Ordinance specifies that buildings should be located at least 20 feet from the back of a curb line from roadways as part of the internal street pattern. Additionally, the ordinance specifies that no building within the project shall be nearer to another building by one -half the sum of the building heights of the two buildings. The perimeter setback requirements would apply to the building setbacks for 58 Street and Oakgreen Avenue. For both buildings, the setback would need to be 30 feet from the right -of -way. The first phase building is set back 27 feet, six inches from 58 Street and 15 feet from Oakgreen Avenue. In that the buildings are designed with two stories and gabled roofs, the heights may seem imposing if the setbacks are not complied with. The Planning Commission and City Council should discuss the proposed setbacks as part of the concept plan. The City could consider a lesser perimeter setbacks as part of the PUD. All of the parking lot and driveway setbacks are within the requirements of the Zoning Ordinance and PUD. Traffic. The applicant has provided projected vehicle count information for the proposed development in the Master Plan and Traffic Analysis Sheet (Exhibit 3). The traffic numbers will be subject to review and approval of the City Engineer. Tree Preservation /Landscaping. The applicant has provided preliminary information on existing tree coverage. The existing conditions map (Exhibit 2) indicates the tree 4 Page 53 of 86 masses that would be removed to accommodate the development. The City Arborist will review the detailed tree preservation plans and landscape plans as part of general plan of development review, As part of the general plan stage, the applicant will be required to tabulate an inventory of existing trees, calculate a tree replacement list, and provide a detailed landscape plan, Grading and Drainage. A concept grading and drainage plan has been submitted. The grading and drainage plans shall be subject to City Engineer review and approval at the general plan of development stage. Utilities. A concept utility plan has been submitted. The utility plans shall be subject to City Engineer review and approval at the general plan of development stage. Parking. The Zoning Ordinance requires the following for elderly housing: "m. Elderly (Senior Citizen) Housing, Reservation of area equal to one (1) parking space per unit. Initial development is, however, required for only one -half (112) space per unit and said number of spaces can continue until such time as the City considers a need for additional parking spaces has been demonstrated." The Carriage House Cooperative is planned with a total of 98 units in two phases. The lower level parking would accommodate 91 parking stalls. None of the lower level stalls are designed for disability parking. At least four of the lower level stalls should be disability accessible with at least two of them van accessible. At the surface level, 32 parking stalls are proposed with an additional 24 proof of parking stalls. Two of the stalls are designated as van accessible disability stalls. The 13 stalls around the entrance circle should be eliminated in that they will restrict access by emergency vehicles. An alternative parking design should be submitted that eliminates these stalls but provides disability and standard parking stalls at the building entrance. Architectural; Appearance. The application materials include building elevations of the first building to be constructed. The buildings feature brick exteriors and lap siding with porches and other architectural detailing. The Planning Commission and City Council should comment in general on the conceptual plans. A complete review of the design would be done as part of the general plan of development review. Of note, the Planning Commission and City Council may want to comment on the long horizontal roof expanses and ways to break up the appearance of the roof. Trails /Sidewalk. The plans indicate a trail to be constructed on the north side of 58th Street from Nova Scotia to Oakgreen Avenue. Additionally, a trail would extend along Oakgreen Avenue from 58 Street to the existing trail in the Xcel power line easement, A significant number of private sidewalk connections have also been shown from the Phase 1 building to the trail system. The Planning Commission and the Park 5 Page 54 of 86 Commission should comment on the proposed private and public trail systems proposed within this development. B -4, Limited Business Standards. Section 401.301.E.9 of the Zoning Ordinance provides the CUP standards for allowing residential use in the B -4 District. The standards are as follows: Two family, townhomes and multiple family dwellings provided that: a. At least two parking spaces per unit must be provided for on site, or proof is shown of arrangements for private parking nearby. The development will comply with the specific Zoning Ordinance requirements for senior housing. b. No physical improvements, either interior or exterior, may preclude future re -use for commercial purposes. The development could be converted to future office use, but highly unlikely. C. Unit floor areas must comply with Section 401.15.C,6. All of the units are at least 600 square feet for one bedroom and 720 square feet for two bedrooms as required by the Zoning Ordinance. d. Compliance with conditional use requirements of Section 401 M.A.& The requirements will be complied with. e. The development does not conflict with existing or potential future commercial uses and activities. There would be no conflict. f. The density, setbacks, and building height standards imposed as part of the R-3 Zoning District are complied with. The building setbacks will need to be adjusted to comply or the City Council would need to allow by variance through the PUD. g. Adequate open space and recreational space is provided on site for the benefit of the occupants. Adequate open space is provided. h. The development does not conflict or result in incompatible land use arrangements as related to abutting residential uses or commercial uses. 6 Page 55 of 86 No incompatible land use arrangements are created. i. Residential use can be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code and Fire Codes. All standards will be complied with. j. Residential and non - residential uses shall not be contained on the same floor. Not applicable. k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. Not applicable. I. The architectural appearance, design and building materials of residential structures shall be consistent with the Design Guidelines and subject to approval of the City Council. The Planning Commission and City Council should comment on the architectural appearance. RECOMMENDATION 1 CONCLUSION As part of its review, the Planning Commission should first look at the Comprehensive Plan and determine from the goals and plans what is the most appropriate development for this property. Previous plans have indicated a medium density residential component for this area, but commercial developments may also be appropriate. If residential use is preferred for this property, it should be noted that this is the last large parcel in the City that will accommodate that type of development. The City should and can be selective in the type of development that it would allow there. If the Planning Commission is favorable to the concept plan, it could be recommended to the City Council with the following conditions: 1. R -3 District standards for density, setbacks, and building height are complied with for this project. 2. The plat shall dedicate right -of -way for Oakgreen Avenue and shall be approved by the City Engineer and City Attorney. 3. The Planning Commission and City Council should discuss the need for and the timing of improvements to Oakgreen Avenue as part of the discussions of the concept plan. 7 Page 56 of 86 4. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 5. The Planning Commission and Park Commission should comment on the proposed private and public trail system. 6. All perimeter units must maintain a 30 foot setback to the lot lines. 7. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. 8. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 9. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 10. The Planning Commission and City Council should comment on the architectural appearance of the proposed structures. 11. The City Engineer shall comment on the vehicle count and traffic information. 12. An alternative parking design be provided for the front entrance of the Phase 1 Carriage House building. 8 Page 57 of 86 A RECOMMENDING RESOLUTION O la TI J E, PLANNING COMMISSION CITY Or OAK PARK HEICAITS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC. FOR A PUD CONCEPT PLAN APPROVAL FOR TWO SENIOR COOPERATIVE RENTAL BUILDINGS REFERRED TO AS THE CARRIAGE HOUSE COOPERATIVE THAT WOULD BE CONSTRUCTED IN TWO PHASES AND LOCATED NEAR THE INTERSECTION OF 58 . i. STREET NORTH AND OAKGREEN AVENUE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Parr heights has received a request f role "t'im Nolde, representing Anchobaypro Inc. fora PUD Concept Plan approval for two senior cooperative rental buildings referred to as the Carriage House Cooperative that would be constructed in two phases and located clear the intersection of 58 "' Street North and Oakgreen Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: l . The real property affected by said application is legally described as follows, to wit: SI - - , 'E A`I "I'AC11MENT A and 2. The applicant has submitted an application and supporting documentation to the Communily Development Department consisting of the following items: SI �F. ATTACHMENT B and 3. The subject property is zoned B -4, Limited Business District which allows for residential development as a conditional use. The Oakgreen Village development approvals to date have been for a planned unit development; and 4. The City Council, at their April 11, 2006 meeting, approved the concept plan with conditions for Phase l and 2 of the Oakgreen Village development; and 5. The subject area includes portions of Phase 2 of the Oakgreeil Village development area. 6. City staff prepared a planning report dated August 7, 2008 reviewing the request for the PUD Concept Plan approval; and Page 58 of 86 T The August 7, 2008 planning report recommended approval of the Concept Plan subject to the fulfillment of conditions, and 8. The Planning Commission held a public hearing at their August 14, 2008 meeting, tool: comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THF,REFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHT'S THAT TfIE PLANNING COMMISSION RECOMMENDS TI- E FOLLOWING: A. The application subn by "Ting Nolde, representing Anchobaypro Inc. for a PUD Concept Plan approval Ior two senior cooperative rental buildings referred to as the Carriage House Cooperative that would be constructed in two phases and located near the intersection of 58` Street North and Oakgreen Avenue and affecting; the real property as follows: SEE- Al "hACI IMI NT A Be and the same as hereby recommended to the City Council of the City of Oak Park I Ieights for approval with the following conditions: I . R -3 District standards for density, and building height are complied with for this project. 2. The plat shall dedicate right -alp -way for Oakgreen Avenue and shall be approved by the City Engineer and City Attorney. 3. The City Council should discuss the need for and the tinging; of improvements to Oakgreen Avenue as part of the discussions of the concept plan. 4. The Dire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 5. The Planning Commission and Park Commission should comment on the proposed private and public trail system. The general plan submittals shall address the location of trails and their maintenance. 6. All perimeter routs must maintain a 30 foot setback to 58` Street and 20 foot setback to Oakgreen Avenue. 7. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. 8. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 2 Page 59 of 86 9. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 10. 'I'lhe Planning Commission was favorable to the architectural appearance of the proposed structures. The City Council shall comment as part of the Concept flan review. 11. `L'lhe City Engineer shall comment on the vehicle count and traffic information. 12. An alternative parking design be provided foz' the front entrance of the Phase 1 Carriage I louse building. 13. The City Council shall comment on building placement of the Carriage House Cooperative buildings. 14. The applicant shall provide a redesign of the lower level parking area to sheet all drive aisle and disability parking requirements. Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of August 2008. Michael Liljcgren, Chair AT1'I3ST: Laic A. Johnson, City Administrator 3 Page 60 of 86 ATTACHMENT A r. Planned Unit Development (PUD): General Concept Plan Carriage House Cooperative Washington County GEO Code; 05.029.20- XX -XXX Legal Description: Lot 1 & 2, Block 1, Carriage House Cooperative of the St. Croix Valley Page 61 of 86 ATTACHMENT B Planned Unit Development (PUD): General Concept Plan Carriage House Cooperative Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements) /Legal Description(s) Conference With City Staff Upon Application Submittal: July 30, 2008 Required Approvals: PUD: General Concept Planning Commission 415 City Council 415 PUD: General Concep± — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and/or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 62 of 86 RESOLUTION NO. OF THE CITY COUNCIL, CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC. FOR A PUD CONCEPT PLAN APPROVAL FOR TWO SENIOR COOPERATIVE RENTAL BUILDINGS REFERRED TO AS THE CARRIAGE HOUSE COOPERATIVE THAT WOULD BE CONSTRUCTED IN TWO PHASES AND LOCATED NEAR THE INTERSECTION OF 58 "'' STREET NORTH AND OAKGREEN AVENUE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request fronh Tim Nolde, representing; Anchobaypro Inc. for a PUD Concept flan approval for two senior cooperative rental buildings referred to as the Carriage House Cooperative that would be constructed In two phases and located [neat' the intersection of 58 Street North and Oakgreen Avenue„ and after having conducted a public hearing relative thereto. the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: I . The real property affected by said application is legally described as follows, to wit: SEE A "l" I'ACIIMINT A and 2, The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following; items: SEI; A"ITACIIMEN`f B and 3. The subject property is zoned B -4, Limited Business District which allows for residential development as a conditional use. The Oakgreen Village development approvals to date have been for a planned unit development; and 4. The City Council, at their April 11, 2006 meeting, approved the concept plan with conditions for Phase I and 2 of the Oakgreen Village development; and 5. The subject area includes portions of Phase 2 of the Oakgreen Village development area. Page 63 of 86 6. City staf7' prepared a planning report dated August 7, 2008 reviewing the regLiesl for the I Concept ]'tan approval; and 7. The August 7, 2008 planning report recommended approval of the Concept flan subject to the fulfillmcrnt of conditions; and 8. The Planning Commission held a public hearing at their August 14, 2008 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, TnEREFORE, BE IT RESOLVED 13Y THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Tini Nolde, representing Anchobaypro Inc. for a PUD Concept Plan approval for two senior cooperative rental buildings referred to as the Carriage House Cooperative that would be constructed in two phases and located near the intersection of 58` Street North and Oakgreen Avenue and affecting the real property as follows: SEE A`I A Be and the same as hereby approved the City Council of the City of Oak Park Heights with the following conditions: 1. R -3 District standards for density, and building height are con -plied with for this project. 2. The plat shall dedicate right -of -way for Oakgreen Avenue and shall be approved by the City Engineer and City Attorney. 3. The City Council should discuss the need for and the timing of improvements to Oakgreen Avenue as part of the discussions of the concept plan. 4. The f irc Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 5. The Planning Commission and Park Commission should comment on the proposed private and public trail system. The general plan submittals shall address the location of trails and their maintenance. 6. All perimeter units must maintain a 30 foot setback to 58` Street and 20 foot setback to Oakgreen Avenue. 7. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. 8. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 2 Page 64 of 86 9. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 10. The Planning Commission was favorable to the architectural appearance of tlic proposed structures. The City Council shall comment as part of the Concept Plan review. 11. The City Engineer shall connment on the vehicle count and traffic information. 12. An alternative parking design be provided for the front entrance of the Phase I Carriage Flouse building. 13. The City Council shall comment on building placement of the Carriage }louse Cooperative buildings. 14. The applicant shall provide a redesign of the lower level parking area to meet all drive aisle and disability parking requirements. 15. The applicant has submitted a request for Tax Incremental Financing (TIF) assistance to benefit the ultimate development of the submitted plan. Any approval of the Concept Plan does not approve or imply that the City will provide any financial assistance through the use of "TIF or in any other method. 'Fhe City will be reviewing the `I request over the next sixty days and will make a determination regarding such application independent of the Concept Plan review and/or subsequent approvals. Approved by the City Council of the City of Oak Park I leights this 26th day of August 2008. David I3eaudet, Mayor ATTEST: Eric A. Johnson, City Administrator Page 65 of 86 ATTACHMENT A P Planned Unit Development (PUD): General Concept Plan Carriage House Cooperative Washington County GEO Code: 05.029.20-XX-XXX Legal Description: Lot 1 & 2, Block 1, Carriage House Cooperative of the St. Croix Valley i Page 66 of 86 ATTACHMENT B : r.: Planned Unit Development (PUD): General Concept Plan Carriage House Cooperative Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: July 30, 2008 Required Approvals: PUD: General Concept Planning Commission 415 City Council 415 PUD: General Concept — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and/or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 67 of 86 This Page Is Left Intentionally Blank. .. S.. . lj£FF Page 68 of 86 � Oak Park Heights; Sh Request for Council Action Meeting Date Aup-ust 26` 2008 'rime Required: 10 Minutes Agenda Item Title: Planned Unit Development — Phase I — Oakareen Village — Amendment to Site Plan and Number of Units. Agenda Placement New Businc&s' 1 Originating Department/ �u .tor EiKe Johnson, Citv Administrator Requester's 8ignatur Action Requested Discu si n, Possible Action Background /Justificatio lease indicate if any previous action has been taken or if other public bodies have advised): Please see the enclosed items: 1. Planner's Report from Scott Richards (8/6/08) ( exhibits may be found in the August Planning Packet. 2. Planning Commission Recommending Resolution (unsigned). 3. Proposed City Council Resolution. e Page 69 of 86 k" ' NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com PLANNING REPORT T0: Eric Johnson FROM: Scott Richards DATE: August 6, 2008 RE: Oak Park Heights -- Oakgreen Village / Oakgreen Ponds -- Planned Unit Development {PUD} Amendment, Preliminary And Final Plat FILE NO: 798.02 — 08.08 BACKGROUND Tim Nolde, representing Anchobaypro, Inc., has made application for a PUD amendment for Phase 1 of the Oakgreen Village development west of Oakgreen Avenue and north of 58 Street. The area under application consists of a portion of Phase 1 that has previously been approved for PUD general plan and is part of the Oakgreen Village plat. This area, which is directly north of the pond, was approved for 15 attached townhome units in three buildings. The applicant now proposes one three - unit building and two two -unit buildings for a total of seven dwellings. The buildings would be one story and would be of the same design as the units approved for this development by the City Council on May 27, 2008. The Oakgreen Village PUD was approved by the City Council on May 23, 2006. The approvals included 67 residential townhome units as part of Phase 1. In 2007, John and Cory Arkell, representing Nova Scotia Villas, received approval to construct a different design for 31 of the 67 units, including the three buildings in the subject area of the current application. The City Council had approved that amendment on August 14, 2007. Attached for reference: Exhibit 1: Existing Conditions Exhibit 2: Oakgreen Village Concept and General Plan 2006 Exhibit 3: Oakgreen Ponds Exhibit 4: Landscape Plan Exhibit 5: Utility Plan Page 70 of 86 Exhibit 6: Grading Plan Exhibit 7: Lighting Plan Exhibit 8: Elevations — Three -Unit Buildings Exhibit 9: Floor Plans — Three -Unit Buildings Exhibit 10: Elevations — Two -Unit Buildings Exhibit 11: Floor Plans — Two -Unit Buildings Exhibit 12: Project Narrative -Tim Nolde ISSUES ANALYSIS The applicant has provided the following narrative: "During the marketing of our current project we have determined a significant demand exists for various types of senior housing. Previously we had requested and received approval for changing the unit types of the Oakgreen Village Plan from four units to three units. Once again, due to demand and interest we are respectfully requesting a change to the type of units located at Oakgreen Village, as found on the following documentation. The plan is to change the two story units north of the pond to single level townhomes. With the introduction of two 2 -unit buildings and one 3 -unit building, the proposed change reduces the overall unit count of Oakgreen Village by eight units. With this proposed change, the only requirement would be that related changing the legal description of the units. The existing streets, utilities, and grades would be unaffected, allowing for service to the proposed units. With this submittal are requesting a PUD Amendment and Subdivision of the platted property. Comprehensive Plan. A Comprehensive Plan amendment was approved in July 2005, removing the Central Business District (CBD) designation and replacing it with a commercial land use designation. The proposed project complies with the Comprehensive Plan. Zoning. This property has been designated as B -4, Limited Business which accommodates residential development as a conditional use. As such, the underlying base zoning district will be B -4, Limited Business with a PUD overlay but R -3, Multiple Family District density, setback, and height standards will apply. The B -4, Limited Business District lists two family, townhomes and multiple family dwellings as a conditional use. Subdivision. The applicant has provided an Oakgreen Ponds preliminary /final plat that provides for three blocks, seven lots, and one outlot. It will accommodate the two - unit buildings and the three -unit building. The preliminary and final plat are subject to review and approval of the City Engineer and City Attorney. 2 Page 71 of 86 Park Dedication. Park dedication has been satisfied for this area. The applicant paid the maximum percentage (14 %) of equivalent cash value as part of the original approvals in 2006. Project Density. Section 401.15.C.3 of the Zoning Ordinance establishes the density thresholds for residential properties. Two family dwellings require 6,000 square feet of lot area per dwelling unit. Townhomes require 4,000 square feet of lot area per dwelling unit. Multiple family units with one or two bedrooms require 2,500 square feet per dwelling unit. The total development area for Phase 1 to include Oakgreen Village and the Oakgreen Ponds as well as Phase 2 to include the Carriage House Cooperative is 781,699 square feet. The resulting density calculations are as follows: Twinhomes: 4 X 6,000 square feet = 24,000 square feet Townhomes: 53 X 4,000 square feet = 212,000 square feet Multiple Family: 98 X 2,500 square feet = 245,000 square feet 481,000 square feet The development requires at least 481,000 square feet of land area. The project is well within density requirements of the Zoning Ordinance. Proposed Street/Access. The private street access for this portion of the Oakgreen Village project will not change. The roadway is constructed and includes six off - street parking stalls. The westerly stalls will be replaced and moved to the east. Trails /Sidewalks. The master plan for the Carriage Home development provides details on the overall trail plan for the area. Staff had suggested that a trail be installed on the north side of 58 Street between Nova Scotia Avenue and Oakgreen Avenue North. No sidewalks are planned at the front of the housing units of the development. At the intersection of Oakgreen Avenue and 58 Street, the trail and crosswalk should access 58 Street to the south and not access Oakgreen as shown on the plans. Private Park. As part of the Carriage Home development, the private park area would be eliminated. Setbacks. Within a PUD, the residential (R -3) setback requirements are applied only to the perimeter of the project. The R -3 District specifies setback requirements as follows: 30 feet front yard, 30 feet rear yard, and 20 feet side yard. If the lot is on a corner, not less than 30 feet from a lot line is required for side yards. The PUD section of the Zoning Ordinance specifies that buildings should be located at least 20 feet from the back of a curb line from roadways as part of the internal street pattern. Additionally, the ordinance specifies that no building within the project shall be nearer to another building by one -half the sum of the building heights of the two buildings. 3 Page 72 of 86 Not all of the units will conform to the 20 foot setback requirement from the internal street network. The buildings will need to be moved so that the structures are at least 20 feet from Upper 58 Street. Tree Preservation /Landscaping. The applicant has provided information on existing tree coverage on the Existing Conditions Map (Exhibit 1). It appears as no existing trees will need to be removed as part of this aspect of the development. Plans were also submitted for general landscaping in the area around the proposed units and for foundation plantings. The plans shall be subject to the final approval of the City Arborist. Grading and Drainage. Detailed grading and drainage plans have been provided as part of the amended PUD submittals. The City Engineer shall review and approve all of the grading and drainage plans. Stormwater plans are also subject to review and approval of the applicable watershed authority. Utilities. A detailed utility plan has been submitted. The final utility plan is subject to review and approval of the City Engineer and Public Works Director. All of the utilities within the development shall be private but built to City specifications. Lighting. A lighting plan has been provided that includes street light fixture specifications and locations within the private street network. The light fixture is identical to what has been used in McKean Square. It is a full cut -off fixture with a flat lens. The street lights will be maintained and all electricity costs will be paid for by the developer /homeowners association. No light fixtures are shown on the proposed buildings. If lights are proposed, they shall be illustrated on the building plans subject to approval of City staff. Signage. No additional signage has been proposed other than the monument signs on each of the two entrances from Nova Scotia Avenue. Architectural Appearance. The application submittals include elevation diagrams and floor plans for the three -unit and two -unit buildings. All of the dwellings will be three bedrooms. The building design is identical to what was approved by the City Council on May 27, 2008 as part of the redesign of the buildings north of the subject area. Staff is favorable to the design and proposed building materials. The Planning Commission and City Council should comment further on the building materials and appearance as part of this review. Development Contract. The applicant will be required to enter into an amended development contract with the City should approval of the general plan of development be granted. As part of the contract, the provisions for street and utility construction, as well as payment for area changes, would be included. 4 Page 73 of 86 RECOMMENDATION / CONCLUSION Based upon the preceding information, City staff recommends the application for a PUD amendment for Phase 1 of the Oakgreen Village development and a preliminary and final plat to include one three -unit building and two two -unit buildings to be referred to as Oakgreen Ponds. The application is recommended with the following conditions 1 . The preliminary /final plat for Oakgreen Ponds is subject to review and approval by the City Engineer and City Attorney. 2. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals. 3. Sidewalks /trails and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Engineer. The trail and crosswalk at 58 Street and Oakgreen Avenue shall cross 58 Street to the south. 4. The tree preservation and landscape plans are subject to review and approval of the City Arborist. 5. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Stormwater plans are also subject to review and approval by the applicable watershed authority. 6. The buildings shall comply with the requirement for a 20 foot setback from the private street. The site plan shall be revised subject to City Council approval. 7. The site plan does not include light fixtures on buildings. If lights are proposed on the buildings, they must be illustrated on the building plans, details submitted, and the photometric plan must be revised to include them subject to City staff review and approval. 8. The Planning Commission and City Council should review and approve the final design and materials for the structures, 9. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 10. The applicant shall supply the homeowners association documents as required by the City Attorney for review and approval. 11. The applicant shall provide all association duties and maintenance until the completion of Phase 1. The homeowners association shall be organized with a funded reserve provided by the developer. The details of the reserve amount shall be outlined in the development agreement. 5 Page 74 of 86 12. The applicant shall be required to disclose the entire development plans to include the Carriage House Cooperative for all Phase 1 buyers. Disclosure is also required for modification of all buyers within the development that the roadway and wetlands are to be private and will not be accepted as public in the future by the City. 13. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. 6 Page 75 of 86 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTAI3L.ISHING FINDINGS OF TACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE REPRESENTING ANCHOBAYPRO, INC. FOR A PLANNED UNIT DEVELOPMENT FOR PHASE I OF THE OAKGREEN VILLAGE DEVELOPMENT WEST OF OAKGREEN AVENUE AND NORTH OF 58 STREET TO CHANGE THE NUMBER OF DWELLING UNITS AND SITE PLAN SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde representing Anchobaypro Inc. for a Planned Unit Development for Phase 1 of the Oakgreen Village development west of Oakgreen Avenue and north of 58` Street to change tine number of dwelling units and site plan; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SF_,E A'rrACIIMI N'l' A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject property is :zoned B -4, Limited Business District which allows for residential development as a conditional use. The Oakgreen Village development approvals to date have been planned for a planned unit development; and 4. The City Council, at their April 11, 2006 meeting, approved the concept plan with conditions for Phase I and 2 of the Oakgreen Village developnent; and 5. The City Council, at their May 23, 2006 meeting, approved the general plan of development with conditions for Phase I of the Oakgreen Village development; and 6. The subject area is directly north of the ponding area and was approved for 15 attached townhome sites in three buildings. The applicant now proposes one three unit building and two two unit buildings; and Page 76 of 86 7. ("it) staff prepared a planning report dated August 6, 2008 reviewing the request for a planned unit developnrcrlt For Phase. 1; and 8. "I'lie August 6, 2008 planning report recommended approval of the planned unit development amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at theiI' August 14, 2008 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE., 13E IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Tim Nolde representing Anchobaypro Inc. for a Planned Unit Developn for Phase I of the Oakgreen Village development west of Oakgreen Avenue and north of 58` Street to change the number of dwelling units and site plan and affecting the real property as follows: SEE A A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: I. The preliminary /final plat for Oakgreen Ponds is subject to review and approval by the City Engineer and City Attorney. 2. All casements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals. 3. Sidewalks /trails and timing for construction are subject to review and approval by the Parks Commission, City Council, and Cit Engineer. The trail and crosswalk at 58` Street and Oakgreen Avenue shall cross 58 Street to the south. 4. The tree preservation and landscape plans are subject to review and approval of the City Arborist. 5. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Stormwater plans are also subject to review and approval by the applicable watershed authority. C. The buildings shall comply with the requirement for a 20 Foot setback from the private street. The site plan shall be revised subject to City Council approval. 7. The site plan does not include light fixtures on buildings. if lights are proposed on the buildings, they must be illustrated on the building plans, details submitted, and the photometric plan must be revised to include them subject to City staff review and approval. 2 Page 77 of 86 8. The Planning Commission is favorable to the building design with the stipulations that the dormers on the front elevations be increased in size, shake siding be used on the gables of the front and rear elevations and the gable ends of the rear elevation be provided a vertical element front the roof eve to the foundation. The City Council should review and approve the final design and materials for the townlhonhe structures. 9. The lire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 10. The applicant shall supply the homeowners association documents as required by the City Attorney for review and approval. 11. The applicant shall provide all association duties and maintenance until the completion of Phase 1. The 1hoineowners association shall be organized with a funded reserve provided by the developer. The details of the reserve amount shall be outlined in the development agreement. 12. The applicant shall be required to disclose the entire development plans to include the Carriage Ilouse Cooperative for all Phase 1 buyers. Disclosure is also required for modification of all buyers within the development that the roadway and wetlands are to be private and will not be accepted as public in the future by the City. 13. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of August 2008. Michael Liljegren, Chair ATTEST: T "ric A. Johnson, City Administrator 3 Page 78 of 86 A.TTACIINIENT A �M Planned Unit Development Amendment Oakgreen Village — Oak Park Ponds Legally described as: Lots 1 & 2, Block 1, Oak Park fonds Lots 1 -- 3, Block 2, Oak Park Ponds Lots 1 & 2, Block 3, Oak Park Ponds Multiple Washington County GEO Codes: Within NF `/4 of Section 5, Township 29, Range 20 Page 79 of 86 ATTACHMENT 6 Planned Unit Development (PUD) Amendment Oakgreen Village — Oak Park Ponds Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements) /Legal Description(s) Conference With City Staff Upon Application Submittal: July 30, 2008 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06,C.2.e) Page 80 of 86 i RESOLUTION NO. OF THE CI'T'Y COUNCIL CITY OF OAK PARK HEIGH'T'S WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF TACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE REPRESENTING ANCHOBAYPRO, INC. FOR A PLANNED UNIT DEVELOPMENT FOR PHASE I OF THE OAKGREEN VILLAGE DEVELOPMENT WEST OF OAKGREEN AVENUE AND NORTH OF 58""' STREET TO CHANGE THE NUMBER OF DWELLING UNITS AND SITE PLAN BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde representing Anchobaypro Inc. for a Planned Unit Development for Phase 1 of the Oakgreen Village development west of Oakgreen Avenue and north of 58` Street to change the number of dwelling units and site plan and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park I Ieights recommended that the application be approved with conditions. 'rhe City Council of the City of Oak Park Heights makes the following; findings of fact and resolution: I . ']lie real property affected by said application is legally described as follows, to wit: SFE ATTACIIMI NT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHN11 "NI" I3 and 3. The subject property is zoned 13 -4, Limited Business District which allows for residential development as a conditional use. The Oakgreen Village development approvals to date have been planned fora planned unit development; and 4. The City Council, at their April 11, 2006 nieeting, approved the concept plan with conditions for Phase I and 2 of the Oakgreen Village development; and 5. The City Council, at their May 23, 2006 meeting, approved the general plan of development with conditions for Phase 1 of the Oakgreen Village development; and Page 81 of 86 6. The subject area is directly north of the ponding area and eras approved for 15 attached townhome sites in three buildings. The applicant nrnv proposes one three unit building and tWO two unit buildings; and 7. City staff prepared a Manning report dated August 6, 2008 re.vicwing the request for a planned unit development for Phase 1; and 8. 'fhe August 6, 2008 planning report recommended approval ofthe planned unit development amendment subject to the fulfillment of' conditions; and 9, The Planning Commission held a public hearing at their August 14, 2008 meeting, took comments front the applicants and public, closed the public hearing, and recommend that the application be approved with conditions: NOW, THEREFORE, BE IT RESOLVED BY THE CI'T'Y COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT "I HE CITY COUNCIL APPROVES "I HE FOLLOWING: A. The application submitted by'l'im Nolde representing Anchobaypro Inc. for a Planned Unit Development for Phase 1 of the Oakgreen Village development west of Oakgreen Avenue and north of 58 "' Street to change the number of dwelling units and site plan and affecting the real property as follows: SI: I', ATTACI IM ENT A Be and the same as hereby approved by the City Council of the City of Oak Park I- leights with the following conditions: I. The preliminary /final plat for Oal<green Ponds is subject to review and approval by the City FIngincer and City Attorney. 2. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals. 3. Sidewalks /trails and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Inngineer. '1'11e trail and crosswalk at 58' Street and Oakgreen Avenue shall cross 58` Street to the south. 4 "bile tree preservation and landscape plans are subject to review and approval of the City Arborist. 5. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City I `nginccr. Stormwater plans are also subject to review and approval by the applicable watershed authority. 6. The buildings shall comply with the requirement for a 20 foot setback from the private street. The site plan shall be revised subject to City Council approval. 2 Page 82 of 86 7. The site plan does not include light fiatuies on buildings, if lights are proposed on the buildings, they must be illustrated on the building plans, details submitted, atid. the photometric plan enlist be revised to include; them subject to City staff review and approval. 8. The Plannii]g Commission is favorable to the building design with the stipulations that the dormers on the front elevations be increased in size, shake siding be used oil the gables of the front and rear elevations and the gable ends of the rear elevation be provided a vertical element from the roof eve to the foundation. 'rhe City Council should review and approve the final design and materials for the townhonie structures. 9. The F'irc Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 10. The applicant shall supply the homeowners association documents as required by the City Attorney for review and approval. ]I. The applicant shall provide all association duties and maintenance until the completion of` Phase 1. Tlic homeowners association shall be organized with a funded reserve provided by the developer. The details of the reserve amount shall be outlined in the development agreement. 12. The applicant shall be required to disclose the entire development plans to include the Carriage House Cooperative for all Phase I buyers. Disclosure is also required for modification of all buyers within the development that the roadway and wetlands are to be private and will not be accepted as public in the future by the City. 13. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. Approved by the City Council of the City of Oak Park Heights this 26th day of August 2008. David I3eaudet, Mayor ATTES F: Eric A. Johnson, City Administrator 3 Page 83 of 86 ATTACJIMENT A Planned Unit Development Amendment Oakgreen Village — Oak Park Ponds Legally described as: Lots 1 & 2, Block 1, Oak Park Ponds Lots i -- 3, Block 2, Oak Park Ponds Lots 1 & 2, Block 3, Oak Park Ponds Multiple Washington County G]"10 Codes: Within NL' /4 of Section 5, 'Township 29, Range 20 Page 84 of 86 ATTACHMENT B Planned Unit Development (PUD) Amendment Oakgreen Village — Oak Park Ponds Application Materials • Application Form Fees • Plan Sets (3 Large Scale Sets/20 11 X17 Sets) Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: July 30, 2008 Required Approvals: PUD Amendment City Council 415 PUD Amendment - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 85 of 86 This Page Is Left intentionally Blank. Page 86 of 86