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06-27-2016 Council Packet
CITY OF OAK PARK HEIGHTS MONDAY, JUNE 279 2016 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (pg. 3) 7:10 p.m. III. Visitors/Public Comment A. Resolution Recognizing the Contributions of Jennifer Bye as Oak Park Heights Planning Commissioner 2009-2016 (pg. 7) B. Presentation by Washington County Commissioner Kriesel This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:15 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes—May 24, 2016 (pg. 9) C. Approve City Council Minutes—May 24, 2016 (pg. 13) D. Approve Communications to MN Legislators—Omnibus Transportation Bill and Special Legislative Session (pg. 19) E. Waive Statutory Tort Limits for City Liability Insurance Offered by LMCIT f(pg. 23) F. Approve Regular Premium Option for Workman's Comp Insurance (pg. 25) G. Impose $500 Sanction—Liquor Time Tobacco Compliance Failure (pg. 29) H. Approve T.A. Schifsky & Sons, Inc. 1St Payment for Oak Park Crossing Trail Project (pg. 35) 7:15 p.m. V. Public Hearings A. Public Hearing for Drainage and Utility Easement Vacation Relating to Property Located in the Plat of Oak Park Heights Auto Plaza (pg. 39) 7:20 p.m. VI. Old Business None 7:20 p.m. VII. New Business A. Authorize Finance Director to Prepare Preliminary 2017 Budget and Adoption of Page 1 of 290 Agenda June 27,2016 Page 2 the Proposed Budget Schedule (pg. 45) B. Oak Park Heights Furniture Warehouse/Simonet's—Preliminary/Final Plat and Design Guidelines/Site Plan Review—Memorial Avenue North, Southwest of 581h Street (pg. 47) C. Oak Park Heights Retail —Planned Unit Development—Concept and General Plan, Conditional Use Permit for Drive-Thru Restaurant, Zoning District Amendment to B-2 District, Preliminary/Final Plat, and Design Guidelines/Site Plan Review— Southwest Intersection of 601h Street and Krueger Lane (pg. 97) D. Kwik Trip—B-3 District Text Amendment to Allow Motor Fuel Stations and Car Washes— Conditional Use Permit for the Motor Fuel Station and Car Wash Use, Conditional Use Permits for Signage and Exterior Storage, Preliminary and Final Plat, and Design Standards/Site Plan Review at the Intersection of 581h Street North and Memorial Avenue (pg. 165) E. Holiday Station Stores—Non-Exclusive Signage Placement Agreement (pg. 269) F. Planning Commission Term Appointments (pg. 279) G. Temporary Family Health Care Dwellings (pg. 281) H. Contribution to Stillwater Fourth of July Fireworks (pg. 289) 7:50 p.m. XIII. Other Council Items or Announcements 7:55 p.m. IX. Closed Session - Closed pursuant to Minn. Stat. 13D.05, Subd. 3(b) 8:20 p.m. X. Adjournment Page 2 of 290 Oak Farb Heights Request for Council Action Meeting Date June 27, 2016 Agenda Item Recycling Award Time Req. 0_ Agenda Placement Staff Reports Originating Department/Request r Admi ' ation/Jennifer Pinski Requester's Signature Action Requested Receive In ormation Background/Justification(PIease indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 290 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)4394439.Fax(651)439-0574 Patrick Kruse 13948 551h Street North Oak Park Heights, MN 55082 Dear Mr. Kruse: 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 afire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, 3une 9, 2016, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. \21ulations! Pinski City Clerk TREE CITY U.S.A. Page 4 of 290 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439.0574 June 23, 2016 Rich Thompson 5691 Oren Avenue North Oak Park Heights, MN 55082 Dear Mr. Thompson: 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, June 23, 2016, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jenni er Pinski City Clerk TREE CITY U.S.A. Page 5 of 290 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 6 of 290 4 1—" 1-A Oak Park Heights Request for Council Action Meeting Date June 27, 2016 Agenda Item Adopt Resolution Recognizing the Contributions of Jennifer Bye as Oak Park Heights Planning Commissioner 2009-2016 Time Req. 0 Agenda Placement Visitor/Public Comments Originating Department/Requestor Administration/ Requester's Signature Action Requested Adopt Resolution Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 7 of 290 RESOLUTION 16-06-26 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF JENNIFER BYE AS OAK PARK HEIGHTS PLANNING COMMISSIONER 2009-2016 WHEREAS, Jennifer Bye has served as an appointed member of the Planning Commission for the City of Oak Park Heights from January 2009 through May of 2016; and WHEREAS, during her appointment, Jennifer Bye has served in the roles of Chairperson and Vice-Chairperson of the Planning Commission; and WHEREAS, the City Council of the City of Oak Park Heights relies upon the recommendations of the Planning Commission to assist in shaping the vision of the City's development and growth; and WHEREAS, Jennifer Bye's contributions of time, effort and dedication to the Planning Commission have been valuable and sincerely appreciated, resulting in positive planning and outcomes for the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Oak Park Heights commends and thanks Jennifer Bye for her service, dedication and commitment to the interests of the citizens of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 27'day of June, in the year 2016. Mary McComber, Mayor ATTEST: Eric Johnson, City Administrator Page 8 of 290 Oak Park Heights Request for Council Action Meeting Date June 27, 2016 Agenda Item Approve City Council Worksession Notes—May 24, 2016 Time Req. 0 Agenda Placement Consent Originating Department/Reque r 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). See attached. Page 9 of 290 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,MAY 24,2016 AT 6:00 P.M. Present:Mayor McComber,Councilmember Swenson,Councilmember Dougherty, Councilmember Liljegren, Councilmember Runk,City Administrator Johnson, City Attorney Vierling, City Engineer Mann,Finance Director Caruso,Police Chief DeRosier Public Works Director Kegley, and City Clerk Pinski. 1. Call to Order: Mayor McComber called the meeting to order at 6.00 p.m. 2. Council Goalsetting Discussion with Department Heads: Mayor McComber asked the City Council where they felt the Small City Fund should go. She suggested possibly the street maintenance fund. Finance Director Caruso responded that they could use street reconstruction funds for mill and overlays. She stated it would be a policy change decision and should be looked at during budget time. Public Works Director Kegley reported that the next street reconstruction area would be Oldfield, 571b and 56"in 2033. CounciImember Swenson suggested doing a projection for 70/30 split. McComber suggested a 60/40 split,also, for comparison. Chief DeRosier reported that the body worn cameras legislative bill passed, and the City may need to amend its policy. City Administrator Johnson reviewed the list of strategies from the teambuilding session. No action was taken. 3. Cover Park Improvements: City Engineer Mann stated the proposal would be a modified design build process which would allow the City to put together specifications and parameters to be put into a bid package. He said the bid would be for the cost of final design and the cost of construction of the improvements. Councilmember Swenson was concerned that local contractors would not be attracted to bid because they would have to put in money up front just to make the bid. City Administrator Johnson said staff wanted to put the idea out there for the Council to think about, and they would work on it more and bring it back to the City Council. Councilmember Swenson suggested staff contact local contractors for their input. No action was taken. 4. Street Reconstruction Update:Public Works Director Kegley reported that the City sought bids for water main and storm sewer replacement. He reviewed the bid tabulation and said the difference between the 2015 and 2016 bids were mobilization and pipe costs,and grading and maintenance after pipe work was completed by Miller Excavation. City Administrator Johnson reported staff was set to meet with the City of Stillwater on May 26 to go over discrepancies. Mayor McComber reported the City Council would take action at the City Council meeting to allow the City Administrator to negotiate agreements with the City of Stillwater. No action was taken. 5. Possible Monument Signage Along STH 36/STH 95:Mayor McComber reported that Washington County was planning on redoing Manning Avenue in 2020 with an overpass. She suggested a sign similar to the one in Bayport be placed. This item will be on the agenda for the following year's goalsetting meeting. Page 10 of 290 6. St. Croix River Crossing Project Matter with MNDOT(closed pursuant to Minn.Stat. 13D.05,Subd.3(b)):Update from City Attorney Mark Vierling. Strategy discussed. No action was taken. 7. Adjourn: 7be meeting was adjourned at 7:03 p.m. Page 11 of 290 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 12 of 290 L.TIA Oak Park Heights Request for Council Action Meeting Date June 27, 2016 Agenda Item Approve City Council Minutes—May 24, 2016 Time 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). See Attached. Page 13 of 290 CITY OF OAK PARK HEIGHTS TUESDAY, MAY 249 2016 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Alle 'ance/A roval of Agenda: Mayor McComber called the meeting to order at 7:08 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson,Public Works Director Kegley, Police Chief DeRosier, City Engineer Mann, and City Attorney Vierling. Absent: City Planner Richards. Mayor McComber added one item to the Consent Agenda as Item I.: "Consider Letter of Support—World's Fair—Minnesota 2023." Councilmember Liljegren, seconded by Councilmember Runk, moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: A. Ma or McComber: She reported the Parks Commission held a Public Hearing on May 16; the next Parks Commission meeting was set for June 20 at 7:00 p.m. at City Hall; the LMC Conference was scheduled for June 14 through June 17;Natalie Warren from the St. Croix River Association would provide a presentation at the June 27 City Council meeting; and the summer park program's first event was set for June 7. She also welcomed Judith Chirhart to the Parks Commission. B. Councilmember Dougherty: He reported he attended the CVB annual meeting on May 19. C. Councilmember LiljeHe reported he attended the Parks Commission Public Hearing on May 16, and he received several calls with comments. D. Councilmember Runk: He reported he attended the CVB annual meeting, and the next Planning Commission meeting was set for June 9. E. Councilmember Swenson: He reported the Cable Commission was holding monthly meetings focusing on the franchise proposal. F. Staff: City Attorney Vierling reported that the City Council held a closed worksession prior to that evening's meeting regarding matters of potential litigation with MNDOT. He stated an update was provided and direction was given. No action was taken in the closed session. City Clerk Pinski reported that Mark Bonse of 5817 Olinda Avenue North and Christina Oberembt of 5704 Stagecoach Trail North were chosen as the recycling award winners for the month of May. Page 14 of 290 City Council Meeting Minutes May 24,2016 Page 2 of 4 City Clerk Pinski reported that there were 375 loads brought in at the clean-up event resulting in 55.26 tons. City Clerk Pinski reported that the City of Oak Park Heights was selected as the City of Excellence Award winner through the League of Minnesota Cities. Councilmember Dougherty and Mayor McComber stated they would be present at the awards ceremony to accept the award. Mayor McComber reported that the City was designated as a Playful City USA for 2016. III. Visitors/Public Comment: A. Approve Resolution Recoggjzing the Contributions of guy Sederski to the City of Oak Park Heights. Mayor McComber read the Resolution, and Councilmember Swenson presented a plaque to Guy Sederski. Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Resolution. Roll call vote taken. Carried 5-0. Mayor McComber announced that there was a vacancy for the Cable Commission citizen representative position. IV. Consent Agenda: A. Approve Bills &Investments B. Approve City Council Worksession Notes—April 26,2016 C. Approve City Council Minutes—April 12, 2016 D. Authorize Letter to Delegates Attending 2016 Minnesota Elks Association State Convention. E. Approve the Listing Agreement with Greystone Real Estate Group for the "Bell Property"located at 5416 Stagecoach Trail F. Approve Reappointments to the Planning Commission G. Authorize the 2016 Ragnar Relay Event H. Approve Street Traffic Line Painting by Stripe Right I. Consider Letter of Support—World's Fair—Minnesota 2023 Councilmember Liljegren, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None Page 15 of 290 City Council Meeting Minutes May 24, 2016 Page 3 of 4 VI. OId Business: None VII. New Business: A. Tobacco Compliance Violation—Liquor Time: Councilmember Swenson, seconded by Councilmember Liljegren,moved to set an Order to Show Cause Hearing for June 27 and imposed a$500 sanction according to the City Resolution. Carried 5-0. B. Consider_the Allowance of a Mountain Biking Trail in Valley View Park: Mayor McComber reported that a Public Hearing was held at the Parks Commission meeting on May 16, and the Parks Commission recommended approval with eleven conditions. She reported she spoke with the mayors of Inver Grove Heights and Woodbury after the Public Hearing regarding their experiences. She suggested a portable toilet be placed at the trail to dissuade trail users from using the park shelter restroom during reservations. Councilmember Swenson noted that parking in the park lots instead of streets would need to be enforced. Councilmember Dougherty suggested that the City may want to consider a fine for people who create off-shoots to the trail and add a condition that the trail builders must contact the City for inspections to ensure it was being built as planned. McComber stated she thought the City should be in charge of building the trails due to liability, and the City should receive letters from Xcel Energy, MPGA, and the watershed. She also suggested not allowing snowshoeing or cross-country skiing. Councilmember Liljegren suggested not putting stipulations on use of the trail if someone wanted to snowshoe in the winter. He said parks were there to be used, and he was impressed with the passion of the mountain biking community. Councilmember Runk reported he visited Carver Lake and Salem Hills parks and spoke with many trail users. He said he received many positive comments. Councilmember Swenson, seconded by Councilmember Liljegren,moved to approve the mountain bike trail at Valley View Park. Carried 4-1, McComber opposed. McComber stated she did not think it was the right location due to environmental concerns. Councilmember Runk asked who would determine when the trail was closed due to weather or other reasons. City Administrator reported he would seek an agreement with MORC and/or SASCA to monitor for trail closures. C. 2016 Street Reconstruction Protect 64th Ozark and 64th Street: Councilmember Swenson, seconded by Councilmember Dougherty, moved to authorize the project to move forward allowing the City Page 16 of 290 City Council Meeting Minutes May 24,2016 Page 4 of 4 Administrator and Mayor to sign an agreement, and directing staff to come back to council if numbers come back largely different than estimates. Carried 5-0. D. CSAH 26—Southeast Frontage Road Re-alignment Project—Consider Agreements with Washington County: Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the County Construction Agreement. Carried 5-0. Councilmember Dougherty, seconded by Councilmember Swenson, moved to approve the County City Maintenance Agreements. Carried 5-0. Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the City Utility Cost Connection Agreement. Carried 5-0. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution for Municipal Consent. Roll call vote. Carried 5- 0. Councilmember Runk, seconded by Councilmember Swenson,moved to approve the Resolution for No Parking. Roll call vote. Carried 5-0. E. Oak Park Crossing Trail Project—Consider Change Orders 1 and 2: Councilmember Runk, seconded by Councilmember Dougherty,moved to approve Change Order 1. Carried 5-0. The City Council decided to wait to take action on Change Order 2. VIII. Other Council Items or Announcements: None IX. Ad'ournment Councilmember Swenson, seconded by Councilmember Liljegren,moved to adjourn at 8:08 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 17 of 290 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 18 of 290 Oak Park Heights Request for Council Action Meeting Date June 27h,2016 Time Required: 1 Minute Agenda Item Title: Commgnications to MN Legislators—Omnibus Transportation Bill and Special Legislative Session Agenda Placement Consent Agenda Originating Departmen storr at Comber Requester's Signature C/ Action Requested A rovCommunications to MN Legislators—Omnibus Trans ortation Bill and Special Legislative Session Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The League of Minnesota Cities has encouraged member cities to reach out to its local legislators to encourage action on the possibility of a special session and to support the Omnibus Transportation Bill. Two draft letters are enclosed that I would like the Council to support communications being sent. Page 19 of 290 City of Oak Park Heights 14168 Oak Park Blvd. N.Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 June 21 st,2016 Senator Karin Housley,District 39 100 Rev. Dr. Martin Luther King. Jr Blvd. State Office Building,Room 21 St. Paul, MN 55155-1206 Representative Kathy Lohmer District 39B 501 State Office Building 100 Rev.Dr. Martin Luther King Jr. Blvd. Saint Paul,Minnesota 55155 RB: Special Session of the Legislature Dear Senator Housley and Representative Lohmer: I am contacting you as your constituent and as a city official in the City of Oak Park Heights to request your support for a 2016 special session to complete work left unfinished when the Legislature adjourned sine die in May. It is extremely important to the City of Oak Park Heights that the Legislature reconvene to pass the omnibus tax,bonding,and transportation bills.These bills were identified as high priorities for both bodies of the Legislature and the governor,and action on them should not wait until 2017. Our common constituents deserve a transportation system that works.I respectfully ask you to keep the interests of all Minnesotans in mind by working to pass a comprehensive, sustainable transportation funding bill as part of a special session. I urge you to work with the leaders of your caucus to reach an agreement with Gov.Mark Dayton so that a special session can be called to deal with these important issues. Please do not hesitate to contact me if you have questions or would like to discuss any of the many issues before you. Sincerely, Mary McComber Mayor Page 20 of 290 City of Oak Park Heights 14168 Oak Park Blvd_ N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(65I)439-0574 June 21ff',2016 Senator Karin Housley,District 39 100 Rev.Dr.Martin Luther King.Jr Blvd. State Office Building,Room 21 St.Paul,MN 55155-1206 Representative Kathy Lohmer District 39B 501 State Office Building 100 Rev.Dr.Martin Luther King Jr.Blvd. Saint Paul,Minnesota 55155 RE: Omnibus Transportation Funding Dear Senator Housley and Representative Lohmer: There is an urgent need to do something about our transportation system.Minnesota's road and bridge infrastructure is aging,and its transit systems both urban and rural—need to expand to accommodate the state's demographics,workforce,and economy.I am contacting you as your constituent and as a city official in the City of Oak Park Heights to request your support for including an omnibus transportation funding package as part of a 2016 special session.This package must be comprehensive and sustainable. Without a transportation funding bill this year,Minnesota's road construction budget will shrink by 45 percent.This is unacceptable at a time when needs are at an all-time high. Any transportation bill passed by the Legislature must include dollars dedicated to city streets. According to a report released in 2012 by the Transportation.Finance Advisory Committee,cities collectively need an additional$400 million per year to bring city streets up to an economically competitive standard. Existing funding mechanisms for city street maintenance and reconstruction are inadequate,and the shortfall is resulting in increasing property tax burdens for our residents and businesses. Municipal state aid(MSA)is limited to cities over 5,000 in population—147 of 853 cities in Minnesota—and cannot be applied to more than 20%of an MSA city's lane miles. Please work to pass an omnibus transportation funding bill that provides additional dedicated state funding for city streets, including funding that can be used for non-MSA city street maintenance,construction,and reconstruction. Specifically,I support(s)passage of a provision in Page 21 of 290 the Senate's omnibus transportation bill(HF 4)that imposes a$10 surcharge on license tab fees to be dedicated to city streets in large and small cities.Half of these fiords would be directed to the Small Cities Assistance Account established by the 2015 Legislature.The dedicated funding provision for city streets,which raises approximately$57 million,does not exist in the House transportation bill. In our City's situation,these funds could directly help fund the reconstruction of the frontage roadways that serve a large commercial corridor nearest to Menards,Kohl's and several other national retailers. Our common constituents deserve a transportation system that works.I respectfully ask you to keep the interests of all Minnesotans in mind by working to pass a comprehensive, sustainable transportation ftmding bill. Sincerely, Mary McComber Mayor Page 22 of 290 Oak Park Heights Request for Council Action Meeting Date ZTdllsl` 2 7 2016 Time Required: 1 min Agenda Item Title:Liability Coverage - LMCIT Waiver of Statutory Tort Limits Agenda Placement Consent Originating Department/Requestor Finance - Betty Caruso Requester's Signature Action Requested Waive the statutoKy tort limits for City liabilily insurance as offered by the LMCIT for 2016. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City's statutory tort limits for liability are $500,000 per individual, $1,500,000 per occurrence/aggregate. If the City chooses to "waive the tort limits to the extent of the insurance coverage purchased" the limits would then become $2,000,000 per individual and $2,000,000 per occurrence/aggregate. The increase in premium cost to the city for "waiving the limits" is estimated to be $1600. In effect, the City is purchasing increased insurance coverage. The City has typically made this choice of"waiving the limits" and acquiring more coverage. Staff does recommend the "waiving of the limits" as expressed above as it provides addition liability coverages for minimal cost. Please see the attached sheet from the LMCIT for more information. Page 23 of 290 O � LEAGUE of CONNECTING & INNOVATING MINNESOTA SINCE I913 CITIES LIABILITY COVERAGE WAIVER FORM LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. Please return the completed form to your underwriter or email to pstech@imc.org This decision must be made by the member's governing body every year. You may also wish to discuss these issues with your attorney. League of Minnesota Cities insurance Trust(LMCIT) members that obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to$1,500,000. These statutory tort limits apply regardless of whether the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to$2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is$2 million.)The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to$2,000,000, regardless of the number of claimants. If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LMCiT Member Name Check one: ❑ The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. ❑ The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04 to the extent of the limits of the liability coverage obtained from LMCIT- Date of city council/governing body meeting Signature, Position 145 UNIVERSITY AVE.WEST PHONE:(651)281-1200 FAX,(651)281-1299 ST. PAUL, MN 55103-2044 TOLL FREE:(800) 925-1122 wEa: 5� 'iMCORG Page 24 of 2 F Oak Park Heights Request for Council Action Meeting Date June 27, 2016 Time Required: 1 min Agenda Item Title: Workman's Com -Approval of Premium O tion Agenda Placement Consent Originating Department/Requestor Finance— BcM Caruso Requester's Signature Action Requested Approve the Regular Premium O tion for the Workman's Comp Insurance z17/2016-7/6/2017 Background/Justification (PIease indicate if any previous action has been taken or if other public bodies have advised): As outlined in the 6/3/2o.16 weekly notes memo the Workman's Comp insurance premium has increased$14,769, a 37.81%increase, for the 2016/20.17 coverage. This is due to a 20% increase in the experience modification and a 5.9% average increase in rates. The increase in our mod rate will remain approximately 2 more years due to claims filed in 2014/2015. Because of this large increase,the various deductible premiums and the retrospective premiums are an option that the City should review. (See attached LMCIT Premium Option Letter for reference) • 2. Deductible Premium-the only deductible that could be a potential option would be the $5oo deductible. The"breakeven"would be 2.24 claims of$boo being filed-any claims filed over that would be greater expense than the $53,821 regular premium for no deductible. The average claims filed are approximately 2/year. So this option would not provide any significant savings. • 3. The Retrospective Premium-the city would pay the initial $53,821 premium. At the end of the policy year,the city would have a workman's comp audit as normal based on actual wages paid. 6 months following any claims filed in the policy year would be analyzed and an estimate of the incurred claims would be charged to the city. If the claims are approximately less than $20,000, the city would be refunded premium dollars (net premium min $33,422)• If over the $20,000 the city would pay more premium up to a cap of$76,630. If a claim is filed and no money is actually paid,the LMCIT estimate of incurred claim can still be assessed to the city and charged as the claim can remain open up to 16 years. If this option were to be chosen by the council, I would recommend setting aside the additional premium of$22,8o9 that could potentially be assessed by the LMCIT. There is potential to gain $20,399 in premium savings as well as a potential to lose $22,809. Staff recommends the"regular premium" option,limiting the additional expense that may be incurred should there be significant claims filed. Page 25 of 290 League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Compensation Plan 145 University Avenue West St.Paul,MN 55103-2044 Phone(651)215-4173 Notice of Premium Options for Standard Premiums of$50,0004100,000 OAK PARK HEIGHTS, CITY OF Agreement No. : 0200072930 PO BOX 2007 Agreement Period: From: 7/07/2016 OAK PARK HEIGHTS MN 55082-3007 To: 7/07/2017 Enclosed is a quotation for workers'compensation deposit premium. Note:Renewal Coverage will be bound as per the expiring coverage arrangement,including coverage for elected and appointed officials,with the premium indicated on the quote,unless the member or agent sends a written request not to bind renewal coverage. ESTIMATED DEPOSIT PAYROLL DESCRIPTION CODE RATE PAYROLL PREMIUM SEE ATTACHED SCHEDULE FOR DETAILS Manual Premium 66984 Experience Modification .88 Standard Premium 58946. Deductible Credit 0% Premium Discount Net Deposit Premium 53821. OPTIONS Please indicate below the premium option you wish to select. You may choose only one option and you cannot change options during the agreement period. NET DEPOSIT PREMIUM 1. Regular Premium Option 53821. LM4514 J3g022(Rff�t/16) League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Compensation Plan 145 University Avenue West St. Paul MN 55103-2044 (691)215-4173 The "City" Agreement No. : 0200072930 Agreement Period From: 7/07/2016 OAK PARK HEIGHTS, CITY OF To: 7/07/2017 PO BOX 2007 OAK PARK HEIGHTS MN 55082-3007 CONTINUA'T'ION SCHEDULE FOR QUOTATION PAGE REMUNERATION RATE CODE DESCRIPTION EST PREM 37969 9.20 5506 STREET CONSTRUCTION 3493 146035. 4.21 7520 WATERWORKS 6148. 67621. 4.66 7580 SEWAGE DISPOSAL PLANT 4083. 990900. 4.67 7720 POLICE 46275. 421381. .69 8810 CLERICAL OFFICE EMPLOYEES NOC 2908. 12600. :- .78 9016 SKATING RINK OPERATION 1106 . 48245. 5.01 9102 PARKS 2417 92424. .52 9410 MUNICIPAL EMPLOYEES 481. 18200. .40 9411 ELECTED OR APPOINTED OFFICIALS 73. Manual Premium 66984 Agent 411709883 00874: FOREST LAKE INSURANCE AGENCY DSA LANDMARK INSURANCE SVCS 232 S LAKE ST FOREST LAKE MN 55025-2605 5/26/2016 LM4680(8/99) Page 27 of 290 2. Deductible Premium Option Deductible options are available in return for a premium credit applied to your estimated standard premium of$ 58946. The deductible will apply per occurrence to paid medical costs only. There is no aggregate limit. Deductible Premium Credit Net Deposit per Occurrence Credit Amount Premium $250 1.00% 589 53232. $500 1.90W 1120. 52701. $1, 000 3.20% 1886. 51935. $2,500 5.50% 3242. 50579. $5, 000 8.50% 5010 , 48811. $10,000 12.00% 7074 , 46747. $25,000 18.50-1 10905. 42916. $50, 000 25.00% 14737 39084 3 . Retrospective Rates Premium Option Retro-Rated Est.Minimum Retro-Rated Est.Maximum Minimum Factor Premium Maximum Factor Premium .567% 33422. 1.300 76630. .528$ 31123. 1.500% 88419. .454$ 26761.. 2.000% 117892. This quotation is for a deposit premium based on your estimate of payroll and selected options. Your final actual premium will be computed after an audit of payroll subsequent to the close of your agreement year and will be subject to revisions in rates,payrolls and experience modification. While you are a member of the LMCIT workers' Compensation Plan,you will be eligible to participate in dividend distributions from the Trust based upon claims experience and earnings of the Trust. If you desire the coverage offered above,please return this signed document for the option you have selected. This quotation should be signed by an authorized representative of the city requesting coverage. Signature Title LM4513(3/02)(Rev.01/15) Page 28 of 290 Oak Park Heights Request for Council Action Meeting Date: June 27,2016 Time Required: Agenda Item Title: Impose$500 Sanction--Liquor Time Tobacco Compliance Failure Agenda Placement: Consent Originating Department/Requestor: Oak Park Heights Police Dept.,Chief Brian DeRosier Requester's Signature_ .. Action Requested: Impose$500 Sanction—Liquor Time Tobacco Compliance Failure Background/Justification: I am requesting the council formally impose the$500 sanction against the ease of Liquor Time as established at the May 24a'council meeting setting this date for a hearing to show cause. The sanction has been paid by the license holder and they are waiving any hearing. Page 29 of 290 5 LY7DBALIC04UOR PANIES, LLC 88.3 3 TIME4404D AVE. Nh 22-7693-2M W€ OAK PARK OW % MN 55M Date &I k pay to the "�' or r of $ QQ4� ki Dollars HIWAY FEDERAL CREDIT UNION 111 E kRi ONVE ST.PAUL,MN 55103-18N el Fy(8�1)291-1516 1_ For, i ,,,i6vyi r/+,'•� ey is 2916.0775433is 709290869342,10013133w - 09290869342ii'0883 Page 30 of 290 r Oak Park Heights Request for Council Action Meeting Date: May 20,2016 Time Required: I min Agenda Item Title: Tobacco Compliance Violation—Liquor Time Agenda Placement: New Business Originating Department/Request�or�: .Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Schedule Hearing to Show Cause—Liquor Time BackgrounWustification: On April 22,2016 the Oak Park Heights Police Dept. conducted routine tobacco compliance checks on all vendors licensed within the city of Oak Park Heights,MN. During the compliance cheek an officer of the OPH P.D. was assisted by a less than 18 year old volunteer. The volunteer entered the business of Liquor Time asking the store clerk for a pack of cigarettes. The clerk did not ask for identification. The clerk completed the sale of a pack of cigarettes. The under 18 year old volunteer completed the transaction using US Currency that was provided by the OPH P.D. The OPH P.D. Ofieer then returned immediately to the store and advised the store manager and the clerk of the offense. The clerk is being charged criminally under MNSS 609.685.1A- 1$t violation misdemeanor offense. The merchant Liquor Time has had 1 previous violations however,no violations apply to the look back period of 24 months in compliance with city resolution. In conformance with OPH Resolution 01-02- 13, I recommend the council schedule a Hearing to Show Cause on dune 27th, 2015 with the purpose of reviewing the incident for imposition of a$500 sanction. Page 31 of 290 POLICE DEPARTMENT CITY OF OAK PARK HEIGH 15 14168 Oak Park Blvd.N.•P.O.Box 2007 Wan DeRosler Oak Park Fieiohts,Minnesota 55082 Chief of Police Telephoner(65i}439-4723 Fax:'((!51):439-3039 Emergency.911 May 24,20'16 Lypalao Companies LLC dpa Liquor Time 5954.Osgood Ave No. Oak Park Heights,MN 55082 Deak-Sir or Madam; this is in response to the failure of a Tobacco compliance check completed bythe Oak Park Heights Police Department on 04-22•-2016 at LigtforTime,5954 Osgood Ave No,Oak Park Heights MN 55082. During_that compliance check your employee sold Tobacco to.under 18 year old persons. The report of the incident is attached. The•suspict employee is being criminally charged under MNSS 609.685.1A,a ilMisderheanQr crinjinal violation. As part of this vlglation the City.Councii of Oak Park Heights scheduled a hearlrig to show cause for action of a$500.00 sanction against your Tobacco license. You have the ability under city resolution No.01-02-2013 to be-heard at that hearing. This hearing is sch'eduled to take place at the council meetin&lune 27th,2016 at 7pm. -if you ha,Ve questions please call me and I would be glad to_help. Sincerely; Briars DeRosler Chief of Police Page 32 of 290 CITY OF OAK PARK BEIGHTS WASHINGTON COUNTY,MINNESOTA M RE: LICENSE # 16-03T TO SELL TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED DEVICES ORDER TO SHOW CAUSE TO: LyPalao Companies LLC dba Liquor Time 5954 Osgood Ave No., Oak Park Heights, MN 55082 At the direction of the City Council for the City of Oak Park Heights,it is hereby ordered that you,or your representatives, appear before the City Council of the City of Oak Park Heights at 7:00 p.m. on June 27' 2016 at the City Municipal Building located at 14168 Oak Park Boulevard No., Oak Park Heights, Minnesota 55082, or as soon thereafter as council can be heard and show cause, if any you have, why an order should not be issued by the City Council for the City of Oak Park Heights imposing fines, lirniting, suspending or revoking your 2016 (and future) License to sell Tobacco, Tobacco products or Tobacco Related Products as had been previously issued by the City of Oak Park Heights to LyPalao Companies LLC dba Liquor Time. Specifically,you should show cause why your license as referenced above should not be suspended, revoked or other sanctions imposed by the City of Oak Park Heights as a result of illegal sales oftobacco to a minor as occurred on your premises on April 22,2016. Dated this 24"day of May,2016 BY ORDER OF THE CITY COUNCIL Brian DeRosier Chief of Police Page 33 of 290 License Fee. $150.00 License No. 16-03T License to Sell Tobacco and Tobacco Products at Retail State of Minnesota ) City of Oak Park Heights County of Washington ) LICBNSE IS HEREBY GRANTED TO Liquor Time to sell tobacco and tobacco products at retail at 5954 Osgood Avenue North in the City of Oak Park Heights in said county and state for the term of One Year, beginning with the I"day of January,2016;subject to the laws of the State of Minnesota and the ordinances and regulations of said City of Oak Park Heights,pertaini?IIeretJ) City Coak Park Heights Attest, B Dep Clerk City istrator (SEAL) Page 34 of 290 Oak Park Heights Request for Council Action Meeting Date June 2 2016 Agenda Item Title T.A. Schifsky_, &Sons. Inc. is_ Payment for Oak Park Crossing Tail Proj eet Agenda PIacement Consent Originating Department/Requestor Finance--Betty Caruso, Finance Director Requester's Signature Action Requested A rove 1st poment request for T.A. Schifs &Sons Inc for Oak Park Crossing Trail Pro'ect Background/Justification (Please indicate any previous action,financial implications including budget information and recommendations). The attached pay request of T. A. Schifsky & Sons, Inc, is $72,610.11 for the period of 5/1/16 through 6/22/16 for the Oak Park Crossing Trail Project. The total contract is for $78,928.75, including the change orders. The payment has been approved by the engineer and administration and reviewed by the Finance Department. This payment has been reduced by 5% retainage. The Finance Department recommends approval of this payment upon receipt of the lien waiver and fully signed documents. Page 35 of 290 copy Owner: City of Oak Park Heights,P.O.Box 2007,Stillwater,MN 55082 Date: June 22,2016 ®StanteC For Period: 5/1/2016 to 6/22/2016 Request No: 1 Contractor: T.A.Schifsky,&Sons,Inc.,2370 Hwy.36E,N.St.Paul,MN 55109 CONTRACTOR'S REQUEST FOR PAYMENT OAK PARK CROSSING TRAIL PROJECT STANTEC PROJECT NO. 193803362 SUMMARY 1 Original Contract Amount $ 73,432.00 2 Change Order-Addition $ 5,496.75 3 Change Order-Deduction $ 0.00 4 Revised Contract Amount $ 78,928.75 5 Value Completed to Date $ 76,431.69 6 Material on Hand $ 0.00 7 Amount Earned $ 76,431.69 8 Less Retainage 5% $ 3,821.58 9 Subtotal $ 72,610.11 10 Less Amount Paid Previously $ 0.00 11 Liquidated damages- $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 72,610.11 Recommended for Approval by: STANTEC Approved by Contractor: Approved by Owner: T.A.SCHIFSKY&SONS, INC. CITY OF OAK PARK HEIGHTS Specified Contract Completion Date: Date: 1938MW2REQ1.)d9m Page 36 of 290 Contract Unit Current Quantity Amount No. co'kc)py Unit QuantityPrice Quantity to Date to Date �y BASE BID: 1 MOBILIZATION LS 1 7500.00 1 1 $7,500.00 2 TRAFFIC CONTROL LS 1 3000.00 1 1 $3,000.00 3 INLET PROTECTION EA 2 100.00 $0.00 4 SILT FENCE,TYPE MACHINE SLICED LF 1900 1.05 1872 1872 $1,965.60 5 STREET SWEEPER WITH PICKUP BROOM HR 10 100.00 $0,00 6 PERMANENT HYDROSEED WITH MULCH (MIX 25-141) SY 2000 2.10 3636 3636 $7,635.60 7 TOPSOIL BORROW(LV) CY 250 15.00 206 206 $3,090.00 TOTAL BASE BID: $23,191.20 BITUMINOUS TRAILS 8 4"PVC,SDR 26-CULVERT CROSSING LF 40 20.00 $0.00 9 COMMON EXCAVATION-TRAIL(P) CY 465 15.00 465 465 $6,975.00 10 GEOTEXTILE FABRIC TYPE V SY 2000 1.25 1780 1780 $2,225.00 11 C AGGREGATE BASE,CLASS 5, 100%CRUSHED SY 2000 4.95 1780 1780 $8,811.00 12 3"TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) (P) SY 1650 11.75 1582 1582 $18,588.50 TOTAL BITUMINOUS TRAILS $36,599.50 ALTERNATE 1 -25'CONCRETE PADS 13 COMMON EXCAVATION-PADS (P) CY 45 16.00 45 45 $720.00 14 AGGREGATE BASE,CLASS 5, 100%CRUSHED SY 140 5.00 119 119 $595.00 15 REINFORCED CONCRETE PADS SF 1050 10.29 1026 1026 $10,557.54 TOTAL ALTERNATE 1 -25'CONCRETE PADS $11,872.54 CHANGE ORDER NO. 1 1 MOBILIZATION LS 1 500.00 1 1 $500.00 2 TRAFFIC CONTROL LS 1 200.00 1 1 $200.00 3 SILT FENCE,TYPE MACHINE SLICED LF 200 1.05 $0.00 4 PERMANENT HYDROSEED WITH MULCH (MIX 25-141) SY 200 2.10 199 199 $417.90 5 TOPSOIL BORROW(LV) CY 25 15.00 17 17 $255.00 6 COMMON EXCAVATION-TRAIL(P) CY 45 15.00 45 45 $675.00 7 GEOTEXTILE FABRIC TYPE V SY 190 1.25 164 164 $205.00 8 6"AGGREGATE BASE,CLASS 5, 100%CRUSHED SY 190 4.95 164 164 $811.80 9 3"TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) (P) SY 165 11.75 145 145 $1,703.75 TOTAL CHANGE ORDER NO. 1 $4,768.45 TOTAL BASE BID: $23,191.20 TOTAL BITUMINOUS TRAILS $36,599,50 TOTAL ALTERNATE 1 -25'CONCRETE PADS $11,872.54 TOTAL CHANGE ORDER NO. 1 $4,768,45 TOTAL WORK COMPLETED TO DATE $76,431.69 193803382REOi.xlam Page 37 of 290 spy PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS STANTEC PROJECT NO. 193803362 CONTRACTOR T. A.SCHIFSKY&SONS, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 05/01/2016 106/22/20161 72,610.11 3,821.58 76,431.69 Material on Hand Total Payment to Date $72,610.11 Original Contract $73,432.00 Retainage Pay No. 1 3,821.58 Change Orders Total Amount Earned $76,431.69 Revised Contract $73,432.00 193ao3382REQ1.ldem Page 38 of 290 Oak Park Heights Request for Council Action Meeting Date June 27'x.2416 Time Required: 5 Minutes Agenda Item Title:PUBLIC HEARING- FOR DRAINAGE AND UTILITY EASEMENT VACATION RELATING TO PROPERTY LOCATED IN THE PLAT OF OAK PARK HEIGHTS AUTO PLAZA Agenda Placement New Busins lic earings Originating Department/Reque r: Eric o n,City Administrator Requester's Signature Action Requested Discussi ossible Action Background/Justification(Ple indicate if any previous action has been taken or if other public bodies have advised): Summary: The City is being asked to vacate currently unused easement areas for the planned CSAR 26 realignment and Holiday construction.The new plat will convey to the City amended D&U easements consistent with current City practices and policies. Please see the attached notice and proposed resolution. Page 39 of 290 NOTICE OF PUBLIC HEARING ON APPLICATION FOR DRAINAGE AND UTILITY EASEMENT VACATION RELATING TO PROPERTY LOCATED IN THE PLAT OF OAK PARK HEIGHTS AUTO PLAZA NOTICE OF PUBLIC HEARING CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,IVIINNESOTA NOTICE IS HEREBY GIVEN that the City Council for the City of Oak Park Heights,Washington County,Minnesota shall hold a public hearing at the direction of the Zoning Administrator upon the application of Holiday Station Stores,Inc.,to vacate certain drainage and utility easements within Lot 1,Block 1 of the plat of Oak Park Auto Plaza,said affected property being situated within City of Oak Park Heights,County of Washington and State of Minnesota and legally described as follows: "All of the Public Drainage and Utility Easements dedicated over,under and across Lot 1, Block 1, Oak Park Heights Auto Plaza,filed November 2, 1989 in the office of the Washington County Recorder as Document No. 613984." The public hearing shall be held before the City Council on Monday June 27,2016 at 7:00 o'clock p.m.at the City Hall 14168 Oak Park Boulevard, Oak Park Heights,Minnesota 55082. All written and oral comments will be considered. Dated this 2nd clay of June,2016. BY ORDER OF THE CITY COUNCIL /s/Eric Johnson Eric Johnson City Administrator Page 40 of 290 RESOLUTION A RESOLUTION APPROVING THE VACATION OF CITY DRAINAGE AND UTILITY EASEMENTS Whereas the City of Oak Park Heights did previously approve the CSAH 26 realignment;and, Whereas the City has also approved a general plan to allow for the construction of a new Holiday Gas Station at the intersection of CSAH 26 and Osgood Ave (County Road 67), including associated storm water ponds that also accept public water and related improvements;and, Whereas the planned improvements by Washington County also include certain alignment alterations to Osgood Ave; and, Whereas the current easements will be no longer necessary for City utilities and replaced by new easements within a new plat with revised legal descriptions and will ensure City ordinances and utilities are provided continuity;and, Whereas Washington County has requested the City vacate its sanitary easements lying along the eastern side of Osgood Ave and around the perimeter of Block 1, Lot 1 of the Plat of Oak Park Heights Auto Plaza as shown in the drawing and legal description below. xo (— — ;r -F 17 WIT r r{ 5 All of the Puhlic Drainage and Utility Easements dedicated over, under and across Lot 1, Block 1, Oak Park Heights - Auto Plaza,fled November 2, 1989 in the o riee of the Washington Conn&Recorder as Document Na 613984 r-- .rpl !rer rowreaTaa iur,e awucekanw�.xousanas raurmn:omraT[n - ') al.` 2S airs r++ocn+��ssrorr.sarx:.nexr.xxxam,rewo rwa.r,eorrorFnzror wrMexnw.ur.cavr'r[+caaa[n errrrsnsnocuwnxn carr, SCALE IN FEE7 TE1^.r(S 10 ' rte:"TtY r.M xuek•cr:xrt�r,rc m ai:+LATA NOW,THEREFORE,BE IT RESOLVED,that the City Council for the City of Oak Park Heights does find that the request to vacate these public drainage an utility easements is acceptable to the City and contingent on rededication of the easements within the new plat and all other commitments and costs associated with the above two projects being fully completed to the satisfaction of the City Engineer and City Attorney BE IT FURTHER RESOLVED, That the Mayor and City Administrator are authorized to issue and sign further certifications as to this vacation as directed by the city Attorney. Passed by the City Council of the City of Oak Park Heights this 27th day of June,2016. Mary McComber,Mayor Attest: Eric Johnson,City Administrator Page 41 of 290 , I � II I NE COR. LOT I, BLOCK I V` A. L1_ t I•I Il 1 5 c'I Nr _. LJ:_ 2.0 ` `7 Ste~ Q %.a I h1 - - D7 i � P r-♦ �>- I O r 4 � ' 1 r ♦—l LEGAL DESCRIPTION FOR VACATION 0 20 40 80 ALLTHE PUBLIC DRAINAGE AND UTILITIES EASEMENTS DEDICATED OVER,UNDER AND ACROSS LOT 1,BLACK 1,OAK PARK HEIGHTS AUTO PLAZA, FILED NOVEMBER 2,1989 IN WASHINGTON COUNTY RECORDER SCALE IN FEET OFFICE AS DOCUMENT NO.613984. �T i� DENOTES DRAINAGE AND UTITLITY EASEMENTS DEDICATED IN THE PLAT OF OAK PARK HEIGHTS PLAZA TO BE VACATED. Design Fele: Checked By. slat sw DRAINAGE AND UTILITY EASEMENT VACATION ��A� SnS`ta300 Owq Name: Drawn By. WmnaapoGs,MN 55415 215—OIISvaClfan GB 612.75E.9080 11AN Date_ Sade: OAK PARK HEIGHTS, MN 812.758.30e99 gnu D5/02/I6 I"=1170' IAIYIlW9111B11t�11C.C°III Page 42 of 290 ALLIANT ENOI NEER ING May 3'd,2016 Eric Johnson,City Administrator City of Oak Park Heights 14168 Oak Park Boulevard N. ISO Box 2007 Oak Park Heights, MN 55082 Dear Eric, On behalf of Holiday Station Stores,Alliant Engineering, Inc.acting as Land Surveyor asks the city to vacate all drainage and utility easements over tot 1, Block, 1,dedicated in the plat of OAK PARK HEIGHTS AUTO PLAZA. This lot in conjunction with adjacent property is going to be redeveloped and the need for these easements are no longer needed and interfere with the future site development.A proposed plat is pending that will dedicate new drainage and utility easements to better serve the property. To conclude,we request an application to vacate easements.If you have any questions or comments, please contact me. Sincerely, Gary l3jorklund, PLS Alliant Engineering, Inc. 612.767.9329 gbjorklund@alliant-inc_com 233 Park Ave S.Ste 300 612.758.3080 MAIN Minneapolis, MN 55415 612.758.3099 FAx www.alliant-�gFJLr49rP290 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 44 of 290 Oak Park Heights Request for Council Action Meeting Date June 27, 2016 Agenda Item Authorize Finance Director to Prepare Preliminary 2017 Budget and adoption of the Proposed Budget Schedule Time Req. 2 Agenda Placement New Business Originating Department/Requestor Betty Caruso, Finance Director Requester's Signature 4e&J. Action Requested Authorize the Finance Director to Proceed With Preparation of the 2017 Budget with Guidelines for Its Preparation and the Adoption of the Proposed Budget Schedule Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). As we know,the 2016 Legislative Session concluded? The changes/or known impacts to the City's 2017 budget are listed as follows: • Local Government Aid— Still not a recipient. • Levy Limits -None for 2017 • No rate changes for General Plan Pension(PERA) • No rate increase in Pension for Police (PERA) • Implicit Price Deflator based on 1St quarter 2015 as compared to 1St quarter 2016 is C1.0% (Salary Increases based on Contracts unknown—contracts new in 2017) Considering this information I would like the Council review and take action on three items. 1. I have submitted the budget woksheets to the Departments Heads. Due to only one meeting in June-I have not given them any guidance that council may want to see in the 2017 budget requests. I am requesting if the City Council has any specific guidelines to the department heads to let me know so I may inform them or adjust the budgets accordingly.. 2. Attached is 2017 Budget Schedule including possible workshops. Please review, keeping in mind that a Preliminary Budget and a Proposed Tax Levy must be filed with the County by September 30,2016. If there are no conflicts or alternative dates required,please consider adoption of this schedule. 3. If Council members have items for consideration I would like them to be submitted by July 13th. a Page 45 of 290 CITY OF OAK PARK HEIGHTS� y` Memo To: Mayor and Council From: Betty Caruso,Finance Director Date: June 15,2015 Re: 2017 Budget Work Session Schedule Budget worksheets are being distributed to staff currently with a deadline for submission to Finance by July lath. Administration and Finance will review the budget worksheets and compile the preliminary budget document which will be distributed to Council and staff by late July. A work session to discuss the street improvement/maintenance plan and possible funding sources could be scheduled for July 26th-prior to the council meeting. Budget information will be limited at this time. A budget workshop with the department head's budget explanations should be scheduled for August 10th at 5:30 or August 16th. This would have to he a srecial m,eetina_ :is the August 9th regular meeting is cancelled due to an election The preliminary budget will be presented at the September 13' and/or the September 27th meeting. This will be the budget we need to approve for the proposed tax levy to be submitted to the County by September 30, 2016, and used for the TNT hearing notices. The TNT hearing should be held December 13th at the regular council meeting. Summary of the above dates as proposed: July 26t' Budget summary if available and discussion of Work session 5:30 street maintenance program August l e or 16ti 5:30 Special Meeting Meet with Department Heads Sept 13th 6:00 Updated Budget document and possible 6:00 Work session Possible adoption of preliminary budget September 27th Budget Summary with changes 6:00 Work session Proposed Tax Levy Adoption of preliminary budget September 1311/27th Council Meeting Summary of Budget Approve Proposed Levy for TNT Hearing (Due to County September 30th) December 13th Council Meeting TNT Hearing and possible Budget Adoption (Due to County December 29th) Page 46 of 290 Oak Park Heights Request for Council Action Meeting Date rune 2T" 2016 Time Required: 10 Minutes Agenda Item Title: Oak Park Hei is Furniture Warehouse/Simonet's-Prelim' /Final Plat and Design Guidelines/Site Plan Review-Memorial Avenue North, Southwest of 5 8d'Street. Agenda Placement New Business Originating Department/Requestor: Eric Johnson,City_Administrator Requester's Signature Action Requested _ Discussion,Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: 1. Planning Report dated June 1 st,2016 2. Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution Page 47 of 290 TPC3601 Thurston Avenue N,Suite 100 Anoka, MN 66303 Phone:763.231.6840 Facsimile: 763.427.0520 TPCQP1&nningCc.oom PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 1, 2016 RE: Oak Park Heights - Oak Park Heights Fumiture Warehouse/Simonet's - Preliminary/Final Plat, and Design Guidelines/Site Plan Review - Memorial Avenue North, Southwest of 58th Street. TPC FILE: 236.02— 15.04 BACKGROUND Alex Young of MSP Commercial has made application to allow the construction of the Oak Park Heights Fumiture Warehouse/Simonet's development on Memorial Avenue North, Southwest of 58'' Street. The property will be subdivided as Lot 2, Block 1, Oak Park Station Second Addition. Lot 1, Block 1 of Oak Park Station Second Addition has been proposed as the location of a Kwik Trip motor fuel station and car wash at the comer of 58th Street and Memorial Avenue North. The building and site will require Design Standards/Site Plan review. The site is zoned B-3, Highway Business and Warehouse in which retail stores and warehousing is a permitted use. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Preliminary Plat—Oak Park Station Second Addition Exhibit 3: Final Plat—Oak Park Station Second Addition Exhibit 4: Cover Sheet(1) Exhibit 5: Existing Conditions—Removals Plan (2) Exhibit 6: Site Plan (3) Exhibit 7: Grading, Drainage and Erosion Control Plan (4) Exhibit 8: Utility Plan (5) Exhibit 9: Details (6) Exhibit 10: Details (7) Page 48 of 290 Exhibit 11: Details (8) Exhibit 12: Landscape Plan (9) Exhibit 13: Lighting Plan (10) Exhibit 14: Site Plan (AS-1.0) Exhibit 15: Floor Plan (A-1.0) Exhibit 16: Exterior Elevations (A-2.0) Exhibit 17: Exterior Elevations (A-2.0) Exhibit 18: Site Line Analysis (A-3.0) Exhibit 19: Lighting Fixture Details (8 Pages) Exhibit 20: Report of the City Engineer Exhibit 21: Report of the City Arborist PROJECT DESCRIPTION The project narrative provides the following description: We are most pleased to submit herewith our project package for Simonet Furniture within the Oak Park Station development area for appropriate approvals. MSP requests the City of Oak Park Heights to consider approvals of a preliminary/final plat, design guidelinesJsite plan review for our proposed furniture building. MSP Metro Development Company LLC (MSP Commercial's is the developer for the project. Mike O'Brien, owner of Simonet Furniture, will own the building and operate the store out of this location. Simonet furniture is moving from their current location in Stillwater. Phase 1 of the building is approximately 20,000 square feet. Also shown on the plans, is how the building could be expanded in the future to accommodate business growth, Phase 11. The majority of the floor area is used for showroom. There is a small area in the back of the building that functions as warehouse, office and mechanical space. Simonet Furniture has been serving the area since 9864. Mike O'Brien reopened the store in 2010 under a new corporation. Mike is the great-great-grandson of the stone's founder. The store features Amish furniture and products made in the USA. We hope that you will find this proposal an exciting addition to Oak Park Heights. Please feel free to contact us with any questions. Thank you for your time and attention. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Highway BusinessWarehouse on the Proposed Land Use Map. The proposed use of warehousing and retail is consistent with this land use designation. 2 Page 49 of 290 Zoning. The property is zoned 13-3 Highway Business and Warehouse District. The use of the site for warehousing and retail is a permitted use in this district. Subdivision. The property is platted as Lot 2, Block 1 Oak Park Station. The lot remaining after the minor subdivision that allowed for the Range 082 Indoor Shooting Will be subdivided into Lots 1 and 2, Block 1 Oak Park Station Second Addition. Lot 1 is the location of the proposed Kwik Trip motor fuel station and car wash and Lot 2 is for Simonet's. The proposed Lot 2, at 2.3 acres with a lot width of 236 feet on Memorial Avenue North, will be compliant with the minimum lot area of 15,000 square feet and a lot width of 100 feet specified for the B-3 District. Lot 1 is larger and is also compliant. The plat will be subject to review and approval of the City Attorney and City Engineer. The park dedication fees have been paid for this area. Site Plan. The front of the building is orientated to Minnesota Avenue North and Highway 15, with the parking lot adjacent to the front entrance and along one side of the building. The proposed building will be 20,428 square feet in the first phase with a second phase projected at another 7,866 square feet. The loading area for the building is located on the Memorial Avenue North side of the building and will be partially screened with landscaping. Setbacks. The building and parking areas are compliant with all setback requirements. Traffic Circulation/Curb Cuts. The site plan indicates that there will be one curb cut off of Memorial Avenue North and another on Minnesota Avenue North. The plan shall be subject to review by the Fire Marshal for emergency vehicle access. Snow Storage. The plans do not indicate an area for snow storage. The applicant shall indicate where the snow is to be stored. Snow storage shall not interfere with the proposed landscaping. Parking. The following table provides an analysis of proposed and required parking spaces: Parking Area Required Requirements Spaces 1 per 400 SF Showroom/Office (17,248 x .9 = 15,523 / 39 400 = 39 1 per 1,500 SF Warehouse(3,053 x.9 =2,74811,500 = 2 2 1 per 400 SF Future Expansion (7,866 x .9 = 7,0791 7 400 = 7 TOTAL 48 Per ordinance, the site would require 48 parking spaces for both the current building and the future expansion. The proposed site pian indicates a total of 52 spaces, with an 3 Page 50 of 290 additional 20 proof of parking spaces. The plans indicate three disability stalls adjacent to the front entrance which will be adequate for the site. Landscaping. The submitted landscape plan is subject to City Arborist review and approval. City Arborist comments are found as an exhibit to this report. Lighting. The lighting plan indicates the locations of the parking lot and site fixtures. The building wall fixtures are shown on the building elevations. The lighting specifications indicate that the fixtures to be used in the parking lot will be full cut off and LED. The building light fixtures indicate full cut oft fixtures as well as up/down fixtures on the lower level of the building. The Planning Commission should comment, and City Council consider, the up/down fixtures that will provide architectural lighting for the fagade. Unless agreed to by the City Council for architectural lighting, all light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. The photometric plan has been provided and complies with the Ordinance. Trash Storage. The floor plan indicates that an interior trash area is provided within the building. Mechanical Screening. Any exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. The plans include a sight line analysis that indicates that the roof mounted and ground mounted mechanical equipment will be screened. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the Brown's Creek Watershed District. Signage. Freestanding Sign. The applicant has proposed one monument sign adjacent to Highway 15 that will be approximately 8 feet in height and a sign area of 48 square feet. The sign is compliant for the sign dimension standards. The base of the sign will be landscaped. Wall Signage. The following wall signage is proposed: Total No. Sin Square Feet of Signs Southeast 88 1 Elevation Northeast 88 1 Elevation 4 Page 51 of 290 Northwest 88 1 Elevation TOTAL. 264 3 The Zoning Ordinance would allow for the three wall signs on separate building facades as proposed. The total allowable sign area would be 300 square feet and 264 square feet is proposed. The individual signs could be 120 square feet. Sin Illumination. The wall signs and the monument sign are to be internally lit. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. Staff will approve the lighting specifications for the signs at the time of permitting. Design Guidelines Sustainable Guidelines. City staff has questioned the applicant on how the project has been designed to achieve at least a certain degree of sustainability. The applicant will need to discuss the methods in building construction and site design with the Planning Commission of how these issues have been addressed. Architectural Guidelines. Facade Treatments The building will be required to have a definite base, middle and top at Its front, side and rear facades. The building will be a tip up concrete structure similar to many of the structures in the area. The concrete surface will have horizontal cut lines and vertical elements that are of a different color. Ground Level Expression This is a one story building with a significant canopy at the front entrance facing Highway 15. The main entrance is well defined by raised parapet, the canopy and glass doorway. Transparency_ The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The building front, facing the Highway 15, is 14 percent transparent. The side facing Memorial Avenue North will have a 0 percent transparency. The Planning Commission should comment on the building not meeting the 20 percent transparency on the Highway 15 facade. Entries The building features a prominent entry with a canopy and glass door. Roof Desion The building has a flat roof. The rooftop mechanical equipment will be completely screened. The building at 21 feet, 4 inches, is compliant with the 35 foot building height limit. 5 Page 52 of 290 Buildina Materials and Colors The applicant has provided color elevations for review. The building will be a combination of exposed aggregate concrete panels, aluminum entry system, and glass. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is not a franchise design. Site Design Guidelines Building Placement The proposed building has a well-defined entrance and attractive front which is visible from Highway 15. Parkin Areas The parking area includes landscaped areas within and around the parking lot. Storm water Storm water will be addressed by the City Engineer. Pedestrian and Common Space Currently, there are no trails on Memorial Avenue. Development of the Kwik Trip will extend the current trail on 58th Street to Memorial and around the corner to the property line of Simonet's. The plans indicate that the trail will be continued along the Simonet's property. Landscaping Building entrance plantings are required and are provided on the plans. The base of the building will be landscaped. The overall landscaping plan is a very positive feature of the proposed site. The landscape plan is subject to review and approval of the City Arborist. Trees/Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. Utilites/Service/Loading/Storane Areas Addressed elsewhere in the planning report. Liahtina Addressed elsewhere in the planning report. Signage Addressed elsewhere in the planning report. 6 Page 53 of 290 Pedestrian/ Bicycle Routes As indicated, the bike/pedestrian access will be extended to and along the site. A bike rack will be required. The applicant should identify a location. CONCLUSION f RECOMMENDATION Subject to the preceding review, City staff recommends approval of the following listed requests subject to the conditions that follow. • Preliminary and Final Plat • Design Standards/Site Plan Review 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The site plan shall be subject to review and approval of the Fire Marshal. 3. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 4. The landscape plan shall be subject to the review and approval of the City Arborist. 5. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Brown's Creek Watershed District. B. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 7. The Planning Commission should comment and City Council consider the use of the up/down fixtures that will provide architectural lighting for the building facades. 8. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 9. All signs shall be designed to comply with the Zoning Ordinance requirements for night illumination. 10. The Planning Commission should comment on the lack of transparency on the building elevation facing Highway 15. 7 Page 54 of 290 11 . The Planning Commission shall comment on the building design and building materials. 12. A bike rack should be identified on the site plan and placed on site. pc: Julie Hultman S Page 55 of 290 1215 TowN CENTRE DR1vE.SurrE 130 o EAGAN,MN 55123 PHONE 651.287.8888 FACSIMILE 651.287.8889 May 12, 2016 Dr.Eric Johnson, AICP City Administrator, Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights,MN 55082 RE: Oak Park Heights Furniture Warehouse, Simonet's Dear Mr.Johnson: We are most pleased to submit herewith our project package for Simonet Furniture within the Oak Park Station development area for appropriate approvals. MSP requests the City of Oak Park Heights to consider approvals of a preliminary/final plat, design guidelines/site plan review for our proposed furniture building. MSP Metro Development Company, LLC ("MSP Commercial") is the developer for the project. Mike O'Brien,owner of Simonet Furniture,will own the building and operate the store out of this location. Simonet furniture is moving from their current location in Stillwater. Phase I of the building is approximately 20,000 square feet. Also shown on the plans, is how the building could be expanded in the future to accommodate business growth, phase 11. The majority of the floor area is used for showroom. There is a small area in the back of the building that functions as warehouse, office and mechanical space. Simonet Furniture has been serving the area since 1864. Mike O'Brien reopened the store in 2010 under a new corporation. Mike is the great-great-grandson of the store's founder. The store features Amish furniture and products made in the USA. We hope that you will find this proposal an exciting addition to Oak Park Heights. Please feel free to contact us with any questions. Thank you for your time and attention. Sincerely, Alex Young President MSP Commercial W W W.MSPCOMMERCIAL.N Er REAL ESTATE DEVELOPMENT o PROPERTY ANC)ASSET MANAGEMENT Page 56 of 290 N r. � e i I HH 1131 11 lit ct ILI R a Q B b O 1 ty i g � _ Page 57 of 290 1 / I10v \\ it !� Lu if \ j Wft JN •' \\\\���%'.• J ``` 9'� Aar }��� ��� 2 S:) �/// e`a ■ lig lit Alt all B `\ t ��`/ all A; tia $ $ `\\ �\ ! c q a 3 CL 1_ m iai# s iii Z. Page 58 of 290 i loll f C \ ill 44 a � b1D •� F \ cn 9 x . 1 0 V . - I 1�1 !moi 40-- O O it �e Page 59 of 290 6 s IR bi HHU I lit 0 3 IIIIII Oki i 1� ''• t k pp liji 1 ^Y + •.} ,� i f l�� I! + t ?'-�`.5.�.5'.i .ice I i .. I ' NEI lit d - - : i "ate AJW•lii 1 .1 /. T i , - -------------_-- -----_ __ ------ Page 60 of 290 NO i MAI 1i A 11 -Iwo 116. � �Q� R e ■ a �, wa mM # � #� is #r@ # � # = R �# gap! RBa r 8 a Ra �I ► I i � � � log; ill girt I I I � i ♦� C � � � � � 3 [ � � � � a b e s wr .s � c � r il 8 ww.e.n..ss CI4S 9s. � ■ue-ru . � �'�� e�@ ��� ��� ��� � y �`. I I • f it •5 15 ! 'I I Inrs ewrsteuew�m I -•1- I , I rf' L —T• L I mid A ---JLA. oil i ' i I X10 WG■p{N --------=-----n_-1 Page 61 of 290 ti og b yy E b ab �Pr 66ppy i�F s SSS p II I lit 1 7 y E �, E2 � RR S k qg I Yi r $ tld Y 6�'� go � fie 4 yy �Yr i S� a111111 'gill 1 11 �n11111 �b tl. i 111 i1 0111 ji R � 2�� / Rite �� >�� 1 iiiiA1111 ,1 so felf,Ilk ; � o / I 4�4*i4H/ j i TI L I I r. I B --_---_--- , _ Page 62 of 290 m _ Z5 �� � Ali �� �° Y � � �� R R � Q�k Rr 4•n$ �� �� r c x x s a • .. � s 4 _ _ R _ R ! C �$Ai ei s fir• ii � ii� I _n.: I' � l�'4}. I I i I I I •i. I I � 1 RR � m � i ,��`� - 1•i I I ��� ��� pd >gR _ -7�• _ R IN - a all Im NI 11111 till, ----------- --r• L _ - I 1 j s4 - ----� ------------ • . --------------------------------------------------- 1 -------------------- r Page 63 of 290 O+ R I �Jill 1 A � � all � 01; ij �_� � qyg a �� �■ �6 �i IF. `!!AWIN � �� Z�L a lip :E! 1 !! 19 iq Ifs Ipeg R r \Ir/ Ret • • if lip- !l�i���r3 H _ ` 4 l• a �` ° fOILI lt, NitIla i OR 1bI� ��� •` E S�� r r Page 64 of 290 C> a tLY x y _ a II r r I .� 1� fill ,41 114. �R { � rEkkir�l II r " . 4' Tim— • t r ICE I OR fill ..,� k p ` f1 EI EE 1 �> Fn , s Page 65 of 290 f fjt �I fill r Ile) iieR( } 4 4i fig Ifill ell y @@ e IN URI . e Y 1.1111 In p' 14 e 1, i101 F 9 1 S Page 66 of 290 cu Ift tri � fill Its I d _ R � rr t 11s,r W, el s P R a �� ��d 1� 4 cz th 1. Ili,pptl %pal. S 1' a~I E i 1�1 ,• �Jrl..� Ir i 1 i I I i air = i I f i i ■ s I AMEN •� i i __ � ____ lIIBIrOY tIG WO� — �_� Page 67 of 290 a m � fill. . .111 Z81 11 of 112 . ilii 111101 : 1 • i � ' ■ a, ■ s y4 i all Bell I •`�, "".- -- - r" r-,++,r'�?s ?r= Yr'� =+r; „r :s.'=+4S�r> =�': i.... '���t�>:;:s r��w.r���_i�=;ri••��.+!`=�:=,sir;�;��;;.;-� Y ...... - Page 68 of 290 r o9 ...c All 1 .04 ,LL ems\ E 1 1 i gj I 1 I ll , e pill i 1 i A-- I � I 1 lag 169 of 290 t r-r -------------- �----------- - I I I I --------------- ----------L--------- <: z i -40 E Pa e 71 of 290 �o - -- W � I � '• ; i 3 I � Z - I7 7 - _ j _- o-- --Sm 14-- - t1 of 290 y � 9 � 4 S i I I � � E � E S 1 SEI 4 B� 4 i - {I i I I I 1 I I Page 7 of 290 �65 I 0 i %f + IIF .4�7 � I I liltEF J, ! �FFT F I )f 290 } EXHIBIT 19 RECEIVED MAY 111016 PHILIPS GARDCO A Project. Location: i Cat.No. Type Qty- Notes, Philips Gardco EcoForm LED luminaire combines economy with performance. Capable of delivering up to 20,000 lumens or more in a compact,low profile housing,EcoForm offers a new level of customer value.EcoForm features an innovative retrofit arm kik simplifying site conversions to LED by eliminating the need to drill additional holes in most existing poles.Integral control systems. including motion response and wireless controls are available for further energy savings during off peak hours. Ordering guide example:ECF-APD-MRO-1-4-75LA-NW-120-NP-LF - Prefix Conbals Mounting system wattage Color Tamp voltage Finigh Options ECF- �- C�- El- I 0- =_ - ECF — 1 2 530 mA eW 130 BRP TL Took-Less entry and EcoForm Standard luminaire(leave blank) Standard Type 2 SSLA-32531 Cool white 12711 Bronze Paint driver removal hardware DIM 0 104 Dimming [ 2 3 75LA-4853 5.700K 208 BLP Te' Tennlnal Block A"' 2@180 Type 3 100LA-"53 (nominal) 208V Black Paint IS6 Internal Shleld Auto Profile Dimming 2090 4 700mA 240 WP LF7 Line Fusing APD-MR02 2@90 Type 70LA_3270 NW 240V While Paint 7 Auto Profile Dimming and 3 5 105LA-4870 TNeutral While 277 NP LF[ Line Fusing for Canada Motion Response Override 3@90 Type 5 135LA-6470 0CRI 277V Natural Paint PCs x' Receptacle with Photocell OCK! pole mounted motion sensor 301201050nnA (naming!) 347 OC ancludes PCR5) APD-MRlt= PCB47" Photocell Button 3@120 IOSLA-321Ai WW' 347V Optional Color APD with Motion Response Speclfy optional PCRS'0°Photocell Receptacle o*Overrideiuminairesensor 4 160LA-4gTA Warm White 480 °r 4@90 21SL641A 3.000K 480V prof RAL with 2 dimming connections MotipnResposeat INSA- M t 70 CRI UNV (ex.00-LGP PCR71-119 Photocell Receptacle only W%low luminaire sensor Wall mount (nominal) arOGRAL7024)120-2774 with 2 dimming and 2 MR501 Including surface 50hz/60hz Sc auxiliary connections Motion Response at 50%low. conduit rear NvU Special color RAM Retrofit Arm Mount kit pose mounted sensor entry permittedSpecily,must r: 347 4804 supply color chip. PTF2 Pole Top Fitter Wireless Controls(Remote MA 50hz/60hz Requires factory for 2°h'-3'Tenon wireless controlleravailable. Mast Arm Fitter quote. PTF317 Pole Top Fitter See p.2 for detalls) (requires 2-3/8' for 3'-3+h'Tenon U,C2t' #2 leM for 8' O.D.Mast Arm) v Pole Tap Filter mounting g PTF4 LLC34431e sfor9-20' fnr3+h=4'Tenpn mounting heights RPA+3 Round Pole Adapter LLC4+' #t41es for for 3'-3.9'O.D. 21-40'mounting heights BD Bird Deterrent (field Installed only) 1 Available in 120V-277V Voltages only 5. Contact factory for lead times on warm white. 11.Warks with 3-pin or 5-pin NEMA phoWcell/dimming (uNV.12o.208.240&2771 6 Not configurable with Type 5(5)Optics. device and auxiliary connections are not connected 2. MR50 and APD-MRO luminaires require one motion 7 Not configurable with 120-277V(UNV)Voltage. (for future use only) sensor per pote.ordered separately.See page 2 for Voltage must be specified. 12 Not configurable with 3@120(3@120)Mounting. Accessories.Avallab(e in 120V or 277V only. 8 Not configurable with 480V(480)Voltage. 13.No adaptor required for 4'round poles. 3 ECF-MRI requires outboarded sensor when used with 9. Works with 3-pin or 5-pin NFMA photocell/ RPAs provided with Stack Paint standard. Terminal Block CTB)Option- dimming device 4. LLC2/LLC3/LLC4 Wireless Controls are not 10.If ordered with DIM.APD,MRI,MR50.APD-MRI. configurable with PC/PCIVPCR5/PCR7 Options APD-MAO,dimming will not be connected to NEMA See page 6-7 for more info. receptacle EcoForm_ECF-LED 03/16 page I of S Page 74 of 290 ECF EcoForm LED luminaire EcoForm Accessories (order separately) EcoForm Drill Template (standard arm mount) MR hand held programmer I For use with'MRi'motion response when field programming 250" is required.If desired,only one is needed per jab. US an MS-A 7YOV MS-A-277V ! 120VInputAreaMotionSensor 277V Input Area Motion Sensor 0441 1.04 an I.W.`--- - I.W. ` For MR50(Motion Response) For MR50(Motion Response) 2.54 an 2A` or APD-MRO(Automatic Profile or APD-MRO(Automatic Profile 0 0.875- + -'-- SAO an Dimming with Motion Response Dimming with Motion Response 122 an } Override) Override) ------------- NOW. ____ _-_____Nate:Motion Sensors are ordered separately.with one(1)motion sensor required per pole location for MR50 or APD-MRO luminaires See Luminaire Configuration Information on page 5 for more details.Area motion sensor color Is Arctic White.MRI and APD-MRI luminaires include an integral motion sensor. EcoForm Wireless Controls Accessories(for wall or pole mount)'-L3-4 LLCR2-(F) LLCR3-(F) LLCR4-(F) Standalone wall or pole wireless controller Standalone wall or pole wireless controller Standalone wall or pole wireless controller with#2 Lens. with#3 Lens. with#4 Lens. I. When using the wireless remote accessory option(LLCR-F)in a pole mount application,specify pole option(CL-Coupling internal Thread.3/4'size) 2. 130-277V only. 3 Must specify finish(F-Specify matching finish) 4 Lurninaire configuration must include 0-10V Dimming'ECF-DIM'option when Wireless Controls Accessories are specified LED Wattage and Lumen Values (standard EcoForm luminaire) Typo 2 Type 3 Type 4 TWOS No.of TED Ordering Nodeles Total LED Average Cobr Delivered Conrad311,91111111ENtacy BUG DeOtrerad EAcacy 0116 Deiiwred EMkacy BUGRadol OeBvered Eekacy 8UG Code isLens per LEDs low whith, Temp. Lunen i (LPMO Rating Lenten' ILPW) Ratlrtg Laurens' OPWI Looms' (LPMO Rides leedrael SSLA-3253 2 32 530 52 4000K 6,294 122 01-1,10-GI 6,190 120 112-110-62 6,106 118 81-1110-62 5,867 114 03-UO-G2 70IA-3270 2 32 700 69 4000K 7.754 112 82-UO-62 7,955 115 B2-U0-G2 7,659 111 132-1.10-112 7,421 107 83-1.10-0 75LA-4853 3 48 530 77 4000K 9,344 121 B2-UD-G2 9,191 119 B2-UO-G2 9,095 117 62-UO-G2 8,712 113 B3-U0-G2 1OSLA-32111 2 32 1050 107 4000K 10.709 100 B2-UO-G2 10,981 103 93-1.10-G2 10.576 99 52-UD-62 10,255 96 04-110-G2 1OSLA-4870 3 48 700 —104 40001( 11,513 111 132-1.10-62 11,812 114 83-UD-G2 11.373 110 02-1.10-132 0,019 106 114-110-62 1DDLA-5453 4 64 530 103 4000K 12,491 121 82-UO-G2 12,285 119 1113-110-G2 12,129 116 82-1.10-0 11,645 113 B4-110-G2 113SLA-6470 I7 4 64 700 139 4000K 15.390 IO B3-11O-G2 15,789 114 B3-UO-G2 15,192 110 03-UD-63 14,729 106 64-110-62 160LA-481A 3 - 48 1050 158 4000K 15,901 101 B3-UO-G3 16,343 103 B3 UO-G2 15,696 99 B3-UO-63 15,188 96 B4-UD-G2 215LA-64LA 4 64 1050 211 40001( 21.255 101 63-UO-G3 21.265 100 B4-110-63 20,964 99 B3-U01-63 3 20.874 99 B5-UO-G3 5 System input watiagemay vary based on Input voltage,byup to+/-10%.and basedon manulodwer forward voltage,by up to 8% 6 Lumen values based on photometric tests performed In compliance with IESNA LM 79. Note:Some data may be scaled based on tests of similar,but not identical,luminaires Dimensions - Standard EcoForm luminaire Top Vi �..... Side View End View 2.1" 53 [.35 en 3.3••�-- f 3.3 an�..� 242" -� i Tib ont 147' _.t EPA(ft3/m") 61,47 cm Single In(2@180) 3/4@90 Approximate Luminaire weight: 0-2/0.019 0.5/0.046 0.5/0.046 20 Lbs(9.07 Kg) EmForm_ECF_LED 03/16 page 2 of B Page 75 of 290 ECF EcoForm LED luminaire Dimensions - EcoForm with Retrofit Arm Mount(RAM) Top View Side View End View 60" �.. 6a.4455c5m i` 33Alcm r _i [ ___ [ 5.58 cm 76.76tm 1676 cm EPA(ftafinj Single 7WIn(2@180) 3/4@90 Approximate Luminaire Weight: 0.3/0.028 0.6/0.056 0.7/0.065 21 Lbs(9.53 Kg) Dimensions EcoForm with Mast Arm Fitter(MA) Top View side View End view 2.1"1 _ , a3e ------ I .i r + ' 1 17.7' 1 1956 an 311.01 315" ' �. 315" - 80.01 cm BOAT an EPA(W/rn) Single Approximate Luminaire Weight: 0.51/0.047 215 Lbs(9.77 Kg) Dimensions - EcoForm with Wall Mount(WS) Top Viewside View End View 4. 13"J-5 15" Tian 1 L..� 1 32 1 163" 165 }—�_L__�glad, L—r ._ 65" 16.5m 65m K- 2Jr [ 91•. [ [ [+33.."1 Approximate Luminaire Weight: 23.36 Lbs(10.6 Kg) Dimensions - EcoForm with wireless controls(luminaire mounted controller) Top View side View End View -I --- 2.1- 533cm 13' _# 33.02 an UmCM [ i� —24.2' 24.2-----�+ 51A7cm EmForm_EUf LED 03/16 pa"3 of 8 Page 76 of 290 ECF EcoForm LED luminaire Luminaire Configuration information ECF The Area PIR motion sensor is the Watt5topper Mounting to a Philips Gardco Pole: Philips Gardco EcoForm LED standard EW-200-120-W(120V input-MSA-120V)or luminaire providing constant wattage and the WattStopper EW-200-277-W(277V Input Cover Plate with constant light output when power to the -MSA-277V)One motion sensor per pole is 1/2`NPT Coupling luminaire is energized. required and is ordered separately.Area sensors (supplied with pole) require single voltage 120V or 277V input. Wiring ECF-DIM in Pole Philips Gardco EcoForm LED luminaire ���%otion provided with 0-lOV dimming for[onnection . �^ to a control system provided by others Black,120V Additional Hand Hole Sensor ECF-APD or 277V Input 15'Above Pole Base Attach Motion Sensor Red Connects (oriented 180°to the Sensor to Cover Philips Gardco EcoForm LED luminaire White. standard hand hole p Neutral to Override ) Plate coupling, with Automatic Profile Dimming.Luminaire Input(Orange)Line Complete Wiring is provided with a Philips DynaDimmer in Pole and At- module,programmed to go to 50%power, of DynaDimmer tach Cover Plate 50%light output two(2)hours prior to night The area motion detector provides coverage to Hand Hole time mid-point and remain at 50%for six equal to up to fi times the sensor height above ECF-APD-MRO (6)hours after night time mid-point.Mid- point is continuously recalculated by the ground,270•from the front-center of the sensor. Philips Gardco EcoForm LED luminalre with Automatic Profile Dimming,with Motion Philips DynaDimmer module based on the Area PIR Motion Sensor Coverage Pattern: Response Override.The ECF-APD-MRO average mid-point of the last two full night combines the benefits of both automatic cycles.Short duration cycles,and power ,f profile dimming and motion response, interruptions are ignored and do not affect the Distances are using the Philips DynaDimmer module.The determination of mid-point. approximate. luminalre wilt dim to 50%power,50%light / ECF-APD is available in 12OV-277V input only. r =° H=height above output,per the dimming profile shown for the ground ECF-APD.If motion Is detected during the ECF-APD Dimming Profile: Height time that the luminaire is operating at 50%, the luminaire returns to 100%power and tight 2 hours 6 hours „ 1H 3H 6H output.The luminaire remains an high until 100X 100% no motion is detected for the duration period, 50% 50% after which the luminaire returns to low. I I I Motion response requires that the pate include Duration period is factory set at 15 minutes, Power On Mid Point Pourer Off and additional hand hole 15 feet above the pole and is field adjustable from 5 minutes up to base,normally oriented 180°to the standard 15 minutes. ECF-MRSO hand hale.For Philips Gardco poles,order the pole with the Motion Sensor Mounting(MSM) Philips Gardco EcoForm LED Luminaire with option which includes the hand hole and a motion response,providing a 50%power special hand hole cover plate for the sensor Notes: reduction on low and a commensurate with a 1/2"NPT receptacle centered on the reduction in Light output.The power and light hand hole cover plate into which the motion ECF-APD-MRD is available in 120V through output reduction is accomplished utilizing the sensor mounts Once the motion sensor is 277V input only to Luminaire.The motion Philips DynaDimmer module,programmed connected to the hand hole cover plate,then sensor requires either 120V or 277V input to the for a constant 50%power.Power supplied by wiring connections are completed in the motion sensor. the motion sensor connected to the override pole.The plate(complete with motion sensor line on the DynaDimmer takes the luminaire attached and wired)is then mounted to the The ECF-APD-MRO has the same pole to high setting,100%power and light output, hand hole.if poles are supplied by others,the requirements and utilizes the same motion when motion is detected.The luminaire customer is responsible for providing suitable sensors as the ECF-MR50.The motion sensor remains on high until no motion is detected mounting accommodations for the motion mounts and wires identically as well.The for the motion sensor duration period,after sensor in the pole. ECF-APD-MRO utilizes the identical dimming which the Luminaire returns to low.Duration profile as shown for the ECF-APD. period is factory set at 15 minutes,and is field By combining the benefits of automatic profile adjustable from 5 minutes up to 15 minutes. dimming and motion response,the ECF-APD- ECF-MR50 is available in 12OV-277V input MRO assures maximum energy savings,and only to the luminaire.Motion sensors insures that adequate Light is present if motion require single voltage 120V or 277V input. is detected. All motion sensors utilized consume 0.0 watts in the off state. EcoForm_ECF_L5D 03/15 page 4 of S Page 77 of 290 e ECF EcoForm LED luminaire Luminaire Configuration Information (Continued) ECF-MRI ECF APD-MRi The FS1R-100 IR transceiver allows bi- Luminalres with Motion Response include directional communication between the a LED driver and an integral programmable FSP-211 and the FSIR-100 programming toot. motion sensor.The motion sensor is set to a Simple menu screens let you see the current constant 50%.When motion is detected,the status of the system and make changes_It Luminaire goes to 104%.The luminaire remains ' can change FSP-211 sensor parameters such on high until no motion is deflected For the �' r as high/low mode,sensitivity,time delay,cut motion sensor duration period,after which off and more.With the FSIR-100 you can also the luminaire returns to low.Duration period is establish and store FSP 211 parameter profiles. factory set at 5 minutes.Available with 120V or The FSIR-100 operates on three standard 1.SV 277V only. AAA Alkaline batteries or three rechargeable Luminaires with Automatic Profile Dimming AAA NIMH batteries.The battery status Luminaires include a passive infrared(PIR) and Motion Response Override motion sensor,WattStopper a FSP-211 combine the benefits of both automatic profile displays In the upper right corner d the equipped with an FSP-L3 tens.capable of dimming and motion response. display.Three bars next to ng aBATIndicates t detecting motion within 20 feet or the sensor. APD-MRI luminaires utilize Philips full battery charge. t warning appears on the 180°around the lumtnaire.when placed at a 20 DynaDlmmer.The luminaire will dim to 50% display when the battery lel.T falls below, foot mounting height,or mounted on a wall. a minimum acceptable level.To conserve Available in 124V or 277V input only Motion power,50%light Output,per the dimming battery power.the FS1R-140 automatically p Y profile shown for APD luminaires(see page 4). sensor off state power is 0.0 watts. If motion Is detected during the time that the shuts off 10 minutes after the last key press. rluminaire is operating at 50%,the luminaire The approximate motion sensor[average pattern xi shown below. goes to 100%power and light output.The luminaire remains on high until no motion is detected for the duration period,after which J Side Coverage Pattern the luminaire returns to low.Duration period Is Distances are factory set at 5 minutes. P approximate. APD-MRI luminaires are available H height above with 120V or 277V input voltages only. ground You navigate from one field to another using '• (up)or(down)arrow keys.The active field APO-MRI luminaires use the identical motion sensor as MW luminaires.See motion sensor is indicated by flashing(alternates between details for ECF-MRL yellow text on black background and black 1H _ text on yellow background.) 2H FSIR-100 VAreless Remote Programming Took Once active,use the Select button to move t0 a The FS1R-100 Remote Programming Tool menu or function within the active field.Value Top Coverage Pattern accessory permits adjustment of ECF-MRI fields are used to adjust parameter settings. and ECF-APD-MRI sensor settings,including They are shown in"less-than/greater-than" duration and dimming level on low,without symbols:-values.Once active,change them the need to connect any wires to the luminaire. using(left)and(right)arrow keys.In general the up key increments and the down key The F51R-100 Wireless 1R Programming Tool decrements a value.Selections wrap-around is a handheld tool for setup and testing of if you continue to press the key beyond WattStopper FSP-211,It provides wireless maximum or minimum values.Moving away access to the FSP-211 sensors for setup and from the value field overwrites the original parameter changes. value.The Home button takes you to the main The FSIR-100 display shows menus and menu.The Back button can be thought of as prompts to lead you through each process. an undo Function.It takes you back one screen. The navigation pad provides a familiar way to Changes that were in process prior to pressing navigate through the customization fields. the key are lost.Mofe information on the FS1R- 100 Remote Programming Tool is available at Within a certain mounting height of the wattstoppercom, sensor,the FSIR-100 allows modification of the system without requiring ladders or tools simply with a touch of a few buttons. Power Won HomelA,6ain �r t1eCk Up Left / 1 RIghVNexr Mown Select EcoForm_ECF_LED 03/16 p&Ce 5 of S Page 78 of 290 } ECF EcoForm LED luminaire Luminaire Configuration Information - EcoForm with wireless controls ECF-LLC2/3/4 Luminalre Mounted Controller LLC2/LLCR2(for pole or remote mount only) Wireless controller attached to luminaire and Includes radio,photocell and motion sensor with#2,3,or 4 lens NY for 8-40'mounting heights. .. I. �..._., M ft 01 24' 17' T 3'0'3 T IF 2a V �0 10' Reoommended Sensor by P&A Height 40' 35' 25• ao' LLC3/LLCR3(for tuminaire,pole,or 15, remote mount) (Y: - LLC2 LLC3 ~� L3C4 is, f._ 10', i . t-- h 2iY i 20 18' 15' 1Y 7 6 7 0 3' 6 7 12' V 18' 20' 20' lo' 0' 10 20' LLCR2/3/4 Pala Haunted Controller In this configuration, the wireless controller will be mounted to the 22' — pale at a fifteen foot LLC4/LLCR4(for tuminaire,pole,or remote mount) zir -r mounting height.The I number of luminaires on 0' each pole,as well as the - - 6' specific wattage chosen, o; ,- will determine how many �kF� 3' controllers will 6' be required. 20 12' i— When using the wireless 3p' r 20 I + �- remote accessory option (LLCR-F)in a pole mount application, 271 — specify pole option(CL-Coupling Internal Thread. 30 20' tY 6' 0 6 iT 20' 30' 30' 2T 20' W 6'P 03'6 12' 20' 2T 30' 3/4"size). Confirm required orientation of luminaire and wireless controller. Indicate height above pole base and orientation to handhold. Recommended Wireless Radio min pole height is 18ft,with option(CL)15ft above pole Controller -1,8 Watts max(no load draw) base. Other heights are possible when choosing the appropriate sensor lens type. See pole specification -Operating voltage 120-277 VAC RMS sheets for more information. I _ -Communicates using the ZigBee protocol -Carries out dimming commands from Gateway r -Reports ambient light readings to 1500 Ft-Cd -Transmission Systems Operating within the Remote Mount W mtess Controller band 2400-2483.SMhz Used to extend the -ROHS Compliant communication on site.to • • 011 extend motion response Photocett �.. Motion Response and add other luminaires -Ambient light photocell on -(Detects motion through passive infrared that are not pole mounted • every wireless radio that sensing technology with three different lens Consult Factory for more averages the light levels of up configurations information. to 5 controllers for an accurate -Motion sensor coverage can be adjusted From a reading and optimal light narrow to a wide detection range,which helps harvesting activity. reduce false triggers to further increase energy Reports ambient light readings savings. to 1500 Fc. -Sensing profiles can be updated to adapt to activity levels In the environment,such as EcoForm_ECF_LED 03/16 page 6 or a occupancy level,wind,and mounting height Page 79 of 290 ECF EcoForm LED luminaire Luminaire Configuration Information (EcoForm with wireless controls) Gateway Overview:One gateway is included with InstaUation:Gateway has 4 blind threaded Specifications: the wireless controls system_The gateway holes on the back side that accept 10-32 -High density RF Mesh coordinator opens up communication with the wireless screws.Mount spacing is 10.41"across and -Ethernet or wireless Internet radios installed with the EcoForm luminaires 14.19"vertical. connection to server (or pole),allowing you to control your fixtures straight from the web.One gateway Requirements:The gateway must be mounted -Proprietor of software'rules of operation' can communicate with up to 800 fixtures. In a secure on-site location.The gateway -Watertight Ethernet connections Typically one unit is required per parking lot. requires 120V.Distance of gateway to the first -Highly protected,long life radio varies upon application;contact factory. ac/dc power supply Strong internet connection required. -Single board,ARM compliant 520Mhz Intel computer. -Operating Temperature-20'C to 55'C -Tamper proof housing r ` MAR) i e ' 1 � -- 30' ' 1W---Fj max dstance max distance Front View Back View Side View y c T, 10.4" 1 (30.48 cm) 1 I, (U.4[m) 11-514 6'—� cmc � I I _ • • I v e s e a I e a a a e 1 o s a s o 1 I lmeiighf UNNHDM 1563" 00000 1 1L (XI cml 0 0 0 0 0 I 3600000 I00000r00 000000000p0o 0 wxuu EcoForm_ECF LED 03/16 page 7 of a Page 80 of 290 ECF EcoForm LED luminaire Specifications Housing Wirellaw Controls RetrofrtArm Mount One piece die cast aluminum housing with The wireless controls system includes: EcoForm features an Innovative retrofit arm integral arm and separate,self retained hinged, gateway,controller(with wireless radio,motion kit.When specified with the retrofit arm(RAM) one piece die cast door frame. response,and photocell),and commissioning/ option,EcoForm seamlessly simplifies site training.This intelligent web-based system conversions to LED by eliminating the need for i P Rafting operates through a high density mesh(HDM) additional pole drilling on most existing poles. LED light engine rated IP66. wireless technology.Wireless radios with RAM will be boxed separately. motion response and photocell sensors Vibration RMsistaince are integrated with PureForm luminaires, and enable the fixtures to communicate via 0 EcoForm with Standard Arm carries a 3G the ZlgBee protocol.The gateway is a mini ...,"' vibration rating that conforms to standards computer that connects to the Internet,and ?;;, 2.375" set forth by ANSI C136.31.Testing includes - Goa cm is located in a secure location.The central -_� _ vibration to 313 acceleration in three axes, database channels communication to and f all performed on the same luminaire. from the gateway,allowing data to be viewed t3 i B 51, or managed through the web-based graphical I Electrical user interface(GUI).See wireless controls . Driver efficiency"0%standard)_120-480Vg pages 6-7 for details and technical information. � avallable(restrictions apply).Open/short circuit protection.Optional 0-10V dimming to Motion Sensors 10%power.RoHS compliant.Surge protector ECF-MR50,ECF-APD-MRO,ECF-MRI,ECF- standard.loKA per ANSI/IEEE C62.41.2. APD-MRI luminaires may be specified for additional energy savings during unoccupied Listings LED Board and Array periods.See pages 4-6 for complete details. ETL/cETL listed to the UL 1598 standard, 32,48,Or 64 LEDs.Color temperatures:3000K, suitable for Wet Locations.Suitable for 4000K,5700K+/-250K.Minimum CRi of 70. Optical Systems use in ambients from-40"to 40'C(-40°to Aluminum metal clad board_ROHS compliant, Type 2,3,4,and 5 distributions available, 104°F).The quality systems of this facility LED Thermal Management Internal Shield option mounts to LED have been registered by UL to the ISO 9001 optics and is available with Type 2,3,and 4 series standards.ALL EcoForm luminaires The housing design allows the one piece distributions to control backlight. equipped with NW and CW are DestgnUghts housing to provide excellent thermal Consortium)qualified. management critical to long LED system life. Mounting Standard luminaire arm mounts to 4"round Finish Energy Saving Rennins poles.Square pole adapter included with every Each standard color luminaire receives a System efficacy up to 95 lms/W with tuml mire.Round Pole Adapter(PPA)required fade and abrasion resistant,electrostatically significant energy savings ever Pulse Start for 3-3.9"poles. applied,thermally cured,triglyddal Metal Halide Luminaires.Optional control Isocyanurate(TGIC)textured polyester options provide added energy savings powdercoat finish.Standard colors Include during unoccupied periods. bronze(BRP),black(BLP),white(WP),and natural aluminum(NP).Consult factory for LED Performance specs on optional or custom colors. Predicted Lumen Depreciation Data' Warranty Ambient Drhrer Calculated L..Per Lumen Maintenance% EcoForm luminaires feature a 5 year limited Temperature*C (mA) LYS Hours" TM 0x) 060,000 hours warranty.Philips Gardco LED luminaires with Up to 40'C Up to 1050 mA ?350,000 hours ?60,000 hours 97% LED arrays feature a 5 year limited warranty covering the LED arrays.LED Drivers also carry 1. Predicted performance derived from LED manufacturer's data and engineering design estimates. a 5 year Limited warranty.Motion sensors are based on IESNA LM-80 methodology Actual experience may vary due to field application conditions covered by warranty for 5 years by the motion 2 L70 is the predicted time when LED performance depreciates to 70%of initial lumen output Sen50f manufacturer. 3 Calculated per IESNA TM2F-11 Published L70 hours limited to 6 times actual LED test hours 0 2016 Philips Lighting Holding B.Y.All rights reserved. Philips Lighting North America Corporation Philips reserves the right to make changes in specifications 200 Franklin Square Drive,Somerset,NJ 08873 and/or to discontinue any product at any time without notice Tel.855-485-7.215 or obligation and will not be liable for any consequences resulting from the use of this publication, Philips Lighting Canada Ltd. philips.com/tuminatres 281 Hillmount Rd,Markham,ON,Canada L6C 2S3 Tel.800-668-9008 EctiForm-ECF-LED 03/16 page 8 of S Page 81 of 290 EXHIBIT 2 a Stardec ConsulRng Services Inc. 2335 Highway 36 West St.Paul MN 55113 Tel:(651)636-4600 Stantec IF=(651)636-1311 June 1,2016 Mr.Eric Johnson,Administrator City of Oak Park Heights 14168 Oak Park Blvd.N.,P.Q.Box 2007 Oak Park Heights,MN 56082-2007 Reference: Furniture Warehouse—Plan and Drainage Design Review Dear Eric, We have reviewed the plans and drainage calculations submitted regarding the proposed Furniture Warehouse.The plans are shown as"not for construction";further comments maybe forthcoming when construction plans are submitted. Following are our comments and recommendations: Stormwater/Drainage i. The project is subject to review by the Brown's Creek Watershed District.The City shall be provided a copy of the permit approval letter from the BCWD. 2. Rate control and water quality requirements are addressed by the existing regional pond immediately to the south of the site(Pond H36-9P). 3. The submitted HydroCAD modeling is acceptable. 4. The 55 LF 21"RCP at 1%slope near the northwest corner of the site will have an outlet velocity of approximately 6.6 fps during the loo-year storm event. Erosion protection should be provided to ensure that erosion will not be an issue. 5. Emergency overflows(EOF)locations and elevations should be added to the plan sheets. Site Plan i. Provide a minimum of five feet between the Memorial Avenue roadway pavement and the trail to allow for snow storage. 2. Refer to the Fire Department review of fire lanes and circulation. 3. Add the following the end of Site Note B—"using a butt joint". Design with communtly in mind Page 82 of 290 (3 Mr.Eric Johnson Page 2 of 3 Reference:Furniture Warehouse—Plan and Drainage Design Review Grading Drainage,Erosion Control Plan 1. The grading along the south west property line will need to be coordinated with the owner of the Range 082 property. 2. The ditch grading at the southeast end of the property adjacent to the Pizza Ranch property will need to be coordinated with the adjacent property. The grading in the City's drainage and utility easement needs to match the grading as shown in the plans for the Pizza Ranch. 3. The grades for the access to Minnesota Avenue North need to be coordinated with the plan for the cul-de-sac being designed and constructed by Pizza Ranch. 4. The stormwater facilities proposed for the site,including facilities that encroach into the proposed drainage and utility easement along the southeast end of the property, shall be considered private and shall be owned and maintained by the Owner. 5. Clarify the erosion control measures proposed and show them on this sheet. Make the legends depiction of silt fence and what is shown on the plan view consistent. Show interim erosion control measures if the sod indicated in the Landscape Plan is not placed immediately following grading. 6. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. Utility Plan i. Connections to the City's sewer and water systems shall be per the City's standards and detail plates. The City or its designee shall be present for water and sanitary sewer service connections to the City's systems. Details 1. On the Trail Section Detail,show a minimum 2400t zone at the same grade as the trail between the trail and the ditches. 2. Revise the quantities table for Rip Rap at Outlets detail to be consistent with the City's Standard Detail STO-13. The City's detail plates can be provided upon request. 3. Provide a detail for the rip-rap downstream of the ditch pre-treatment devices. Design with community in mind Page 83 of 290 (3 Mr.Eric Johnson Page 3 of 3 Reference:Furniture Warehouse—Pian and Drainage Design Review General Comments i. The City reserves the right to inspect the construction of the project. The City or its designee shall be present for water and sanitary sewer service connections to the City's systems. 2. The Owner well need to comply with all requirements of the NPDES Construction Stormwater Permit and the Brown's Creek Watershed District. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. 3. Parking,lighting,landscaping and building to be reviewed by others. 4. The Owner shall be responsible for obtaining all required permits. 5. Utility construction and improvements in the right-of--way need to conform to the City's Standard Detail Plates. The City's details can be provided upon request. If you have any questions or require further information,please do not hesitate to contact me. Regards, STANTEC CONSULTING SERVICES INC. Lee M.Mann,P.E. City Engineer Phone:65i-6o4-485o lee.mann@stantee.com cc: Andy Kegley,Public Works Director Julie Hultman,Building Official Scott Richards,City Planner Mark Vierling,City Attorney Lisa Danielson,City Arborist Design with community in mind Page 84 of 290 #SLI is City of Oak Park Heights 14168 Oak Park Blvd Re Box 2007 a Oak Park Heights,hW 55082•Phone(651)439-4439•Fax 439-0574 Memorandum Ta Eric Johnson,City Administrator Cc: Scott Richards, City Planner,Julie Hultman, Building Official Fr� Lisa Danielson,Arborist Deltec 05/27/2016 Ra Oak Paris Heights Furniture Warehouse Landscape Plan Review I have reviewed the landscape plans submitted by MSP Commercial (Alex Young) dated Wednesday, May 11"'2016. The following includes my comments and/or recommendations: Landscape Plan (Sheet 9 of 10) The overall design of the plan is attractive and will complement the building well. The plan includes an acceptable species selection of deciduous trees, coniferous trees, ornamental trees, shrubs and perennial plants to be installed ((206) total). All plants included in the plan are hardy under local growing conditions, tolerant or resistant to major insect and disease problems and fairly low maintenance. All plant sizes, root and container classes included in the plans conform to the City of Oak Park Heights zoning ordinance requirements. The locations chosen for most plants are appropriate. The only exception would be the placement of the Tilia Americana 'Redmond' near the entrance/exit to Memorial Avenue North. This species will be quite large at full maturity and will likely cause an issue with visibility if planted in this location. A Japanese tree lilac, which is a smaller ornamental tree is suggested for this location. Planting Specifications(Sheet 9 of 10) The landscape notes and planting detail submitted is acceptable. The landscape contractor is required to plant trees and shrubs according to the approved planting detail diagrams and landscape notes submitted with the final approved landscape plan. This will be checked after planting and any deviations from the plans must be corrected before the landscaping will be approved by the City, this needs to be noted in the final plans. TREE CITY U.S.A. Page 85 of 290 Please contact me if you have any questions regarding this landscape plan review. Please feel free to forward my commerce to the development team for this project. 2 TREE CITY U.S.A. Page 86 of 290 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE APPLICATION BY MSP COMMERCIAL FOR A PRELIMINARY AND FINAL PLAT AND DESIGN GUIDELINES/SITE PLAN REVIEW TO ALLOW A FURNITURE WAREHOUSE AND RETAIL STORE ON MEMORIAL AVENUE NORTH, SOUTHWEST OF 58TH STREET SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received an application from MSP Commercial for a Preliminary and Final plat and Design Guidelines/Site Plan review to allow a furniture warehouse and retail store on Memorial Avenue North, Southwest of 58th Street and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: I. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3, Highway Business/Warehouse District which allows retail and warehousing businesses as a permitted use; and 4. The property is to be subdivided as Lot 2, Block 1, Oak Park Station Second Addition,requiring review and approval of a Preliminary and Final Plat; and 5. Design Guideline/Site Plan approval is required for a new building and site improvements; and 6. City staff prepared a planning report dated June 1, 2016 reviewing the request; and 7. Said report recommended approval of the Preliminary and Final Plat, Design Guideline/Site Plan review, subject to the fulfillment of conditions; and Page 87 of 290 8. The Planning Commission held a public hearing at their June 9, 2016 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted from MSP Commercial for a Preliminary and Final plat and Design Guidelines/Site Plan review to allow a furniture warehouse and retail store on Memorial Avenue North, Southwest of 58th Street, and affecting the real property as follows: SEE ATTACHMENT A Be and the same is hereby recommended by the Planning Commission of the City of Oak Park Heights subject to the conditions as follows: • Preliminary and Final Plat approval. • Design Guidelines/Site Plan review. 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The site plan shall be subject to review and approval of the Fire Marshal. 3. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 4. The landscape plan shall be subject to the review and approval of the City Arborist. 5. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Brown's Creek Watershed District. 6. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 7. The Planning Commission was favorable to the use of the up/down fixtures that will provide architectural lighting for the building facades. 8. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 9. All signs shall be designed to comply with the Zoning Ordinance requirements for night illumination. 2 Page 88 of 290 10. The Planning Commission was favorable to the percentage of transparency on the building elevation facing Highway 15. 11. The Planning Commission was favorable to the building design and building materials. 12. A bike rack should be identified on the site plan and placed on site. Recommended by the Planning Commission of the City of Oak Park Heights this 91 day of June, 2016. Jim Kremer,Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 89 of 290 ATTACHMENT A Preliminary & Final Plat, Design Guidelines/Site Plan Review Oak Park Heights Furniture Warehouse/Simonet's Washington County GEO Code: 06.029.20.13.xxxx Legal Description: Lot 2, Block 1, Oak Park Station Second Addition Physical Address: Memnrinl Ave. N. & Minnesota Ave. N., SW of 58"l St. N. Page 90 of 290 ATTACHMENT B Preliminary & Final Plat, Design Guidelines/Site Plan Review Oak Park Heights Furniture Warehouse/Simonet's Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: May 26, 2016 Planning Commission Review & Recommendation: June 9, 2016 Page 91 of 290 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE APPLICATION BY MSP COMMERCIAL FOR A PRELIMINARY AND FINAL PLAT AND DESIGN GUIDELINES/SITE PLAN REVIEW TO ALLOW A FURNITURE WAREHOUSE AND RETAIL STORE ON MEMORIAL AVENUE NORTH, SOUTHWEST OF 58TH STREET BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received an application from MSP Commercial for a Preliminary and Final plat and Design Guidelines/Site Plan review to allow a furniture warehouse and retail store on Memorial Avenue North, Southwest of 58h Street and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3, Highway Business/Warehouse District which allows retail and warehousing businesses as a permitted use; and 4. The property is to be subdivided as Lot 2, Block 1, Oak Park Station Second Addition,requiring review and approval of a Preliminary and Final Plat; and 5. Design Guideline/Site Plan approval is required for a new building and site improvements; and 6. City staff prepared a planning report dated June 1, 2016 reviewing the request; and 7. Said report recommended approval of the Preliminary and Final Plat, Design Guideline/Site Plan review, subject to the fulfillment of conditions; and Page 92 of 290 8. The Planning Commission held a public hearing at their June 9, 2016 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from MSP Commercial for a Preliminary and Final plat and Design Guidelines/Site Plan review to allow a furniture warehouse and retail store on Memorial Avenue North, Southwest of 58th Street, and affecting the real property as follows: Fly ATTACHMENT A Be and the same is hereby approved by the City Council of the City of Oak Park Heights subject to the conditions as follows: Preliminary and Final Plat approval. 0 Design Guideline/Site Plan review. 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The site plan shall be subject to review and approval of the Fire Marshal. 3. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 4. The landscape plan shall be subject to the review and approval of the City Arborist. 5. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and aDDroval of the Brown's Creek Watershed District. 6. All light fixtures shall be fiill cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 7. The Planning Commission was favorable and the City Council approves the use of the up/down fixtures that will provide architectural lighting for the building facades. 8. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 9. All signs shall be designed to comply with the Zoning Ordinance requirements for night illumination. 2 Page 93 of 290 10. The Planning Commission was favorable to and the City Council approves the percentage of transparency on the building elevation facing Highway 15. 11. The Planning Commission was favorable to and the City Council approves the building design and building materials. 12. A bike rack should be identified on the site plan and placed on site. 13.Applicant is requesting the City to build Minnesota Avenue North to its property and requesting special assessment financing. Applicant agrees to the determination of benefit as provided by the City Engineer and agrees to an assessment of the full benefit over a one-year term at 5%per annum. Applicant also waives notice of assessment under Minn. Stat. 429.061 and waives rights to appeal under Minn. Stat 429.081. Approved by the City Council of the City of Oak Park Heights this 27th day of June, 2016. Mary M:cComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 94 of 290 ATTACHMENT A ip Preliminary & Final Plat, Design Guidelines/Site Plan Review Oak Park Heights Furniture Warehouse/Simonet's Washington County GEO Code: 06.029.20.13.xxxx Legal Description: Lot 2, Block 1, Oak Park Station Second Addition Physical Address: Memorial Ave.N. &Minnesota Ave.N., SW of 58`h St. N. Page 95 of 290 ATTACHMENT B Preliminary& Final Plat, Design. Guidelines/Site Plan Review Oak Park Heights Furniture Warehouse/Simonet's Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: May 26, 2016 Planning Commission Review & Recommendation: June 9, 2016 Page 96 of 290 0, Oak Park Heights Request for Council Action Meeting Date_ dune 27'x,2016 Time Required: 10 Minutes Agenda Item Title: Oak Park Heiis Retail— Planned Unit Development—Conc t and General Plan,Conditional Use Permit for.Drive-That Restaurant.Zoning District Amendment to B-2 DiNkLct Preliminary/Final Plat,and Design Guidelines/Site Plan Review—Southwest Intersection of 601 Street and Krueger Lane Agenda Placement New Business Originating Department/Requestor: Eric Johnson City Administrator Requester's Signature Action Requested Discussion Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Plattner Scott Richards: 1. Planning Report dated June 1 st,2016 2. Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution Page 97 of 290 3601 Thurston Avenue N, Suite 100 FENCLOSM 3 Anoka, MN 66303 Phone; 783.231.5840 Facsimile: 763.427.0520 TPCTPC@P1ann1n9Co.oom PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 1, 2016 RE: Oak Park Heights Oak Park Heights Retail -- Planned Unit Development— Concept and General Plan, Conditional Use Permit for Drive-Thru Restaurant, Zoning District Amendment to B-2 District, Preliminary/Final Plat, and Design Guidelines/Site Plan Review—Southwest Intersection of 60"' Street and Krueger Lane TPC FILE: 236.02— 16.04 BACKGROUND Vincent Driessen of The Driessen Group has made applications for Planned Unit Development, Concept and General Plan, Conditional Use Permit for Drive Through Restaurant, Zoning District Amendment to B-2 General Business District, Preliminary/Final Plat, and Design Guidelines/Site Plan Review and the Southwest Intersection of 60th Street and Krueger Lane. The lot is currently vacant with the exception of a small accessory building. It is situated between Menards and Highway 36 and is a highly visible commercial development location. The Planned Unit Development will allow a shopping center with joint signage, access and parking. The site is currently zoned O-Open Space that will require a rezoning to B-2 General Commercial District. The developer is planning fast food restaurants that require Conditional Use Permits for a drive thru. A Preliminary/Final Plat is required to subdivide the property from a larger parcel and the buildingsisite will require Design Standards and Site Plan review. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative, May 11, 2016 Page 98 of 290 Exhibit 2: Traffic Study, May 11, 2016 Exhibit 3: Site Overview, May 2016 Exhibit 4: Cover Sheet(C0.0) Exhibit 5: Alta Survey Exhibit 6: Demolition Plan (C2.0) Exhibit 7: Erosion Control Plan (C2.1) Exhibit 8: Erosion Control Plan (C2.2) Exhibit 9: Site Plan (C3.0) Exhibit 10: Truck Movement Plan (C3.1) Exhibit 11: Pedestrian Access Plan (C3.2) Exhibit 12: Drainage and Grading Plan (C4.0) Exhibit 13: Utility Plan (C5.0) Exhibit 14: Landscape Plan (1-1.0) Exhibit 15: Photometric Plan (1) Exhibit 16: Preliminary Plat—Brackey Forth Addition Exhibit 17: Perspective from Northeast Exhibit 18: Perspective from Northwest Exhibit 19: Perspective from East Exhibit 20: Retail Lot 1, 3D View and Floor Plan (A100-1) Exhibit 21: Retail Lot 1, Exterior Elevations (A200-1) Exhibit 22: Retail Lot 1, Exterior Elevations (A201-1) Exhibit 23: Retail Lot 2, 31) View and Floor Plan (A100-2) Exhibit 24: Retail Lot 2, Exterior Elevations (A200-2) Exhibit 25: Retail Lot 2, Exterior Elevations (A201-2) Exhibit 26: Retail Lot 3, Floor Plan (A100-3) Exhibit 27: Retail Lot 3, Exterior Elevations (A200-3) Exhibit 28: Retail Lots 1 and 2, Elevations and Floor Plans (A202-1) Exhibit 29: Signage Plan (AS100) Exhibit 30: Monument Signage (A300) Exhibit 31: Trash Enclosure Plans(A310) Exhibit 32: Report of the City Engineer Exhibit 33: Report of the City Arborist PROJECT DESCRIPTION The Project Narrative for the project is found as Exhibit 1. PROJECT. Proposed Retail Development at the Southwest Comer of 601' St N and Krueger Lane in Oak Park Heights, MN PROJECT DESCRIPTION. The proposed project is composed of three buildings of approximately 20,600 SF, 6,000 SF, and 8,600 SF. The site is located on in the southwest comer of the intersection of Oir St N and Krueger Lane in front of the current Menards Store. The buildings will be privately developed and owned and leased to the tenants. The applicant is requesting a rezoning of the property, preliminary and final plat, and site plan approval. 2 Page 99 of 290 SITE AND BUILDiNG DESIGN. The site area is approximately 784 acres in size and is bordered by a regional stormwater pond to the west, Menards parking lot to the south, 60th St and highway 36 to the North, and Krueger Lane and Retail to the east. The property is currently undeveloped, and is guided for commercial use but zoned Open Space under the current City of Oak Park Heights Zoning Map. Rezoning is requested to zone the property to B-2 General Business as guided in the City of Oak Park Heights Comprehensive Plan. The purposed subdivision will subdivide the property into 3 separate parcels and two Oudots. The Outlot in the northeast comer may be developed as some point in the future, but is currently under a no build restdclion by Menards that will expire at a later date in the future. The second outlot will contain the current regional ponding system. The final site plan has the building located on the northem and southern portions of the lot with parking to the north and east respectively. Buildings 2 and 3 will have a drive through as shown on the site plan. The building and parking lot setbacks are in conformance with the setbacks outlined in the B-2 zoning code for the City of Oak Park Heights. City parking requirements have been met based on retail and restaurant uses in the buildings with shared parking agreements. Each building is provided with a trash enclosure, lots 1 and 2 will have easements to allow the trash structure to be shared on lot 1. Buildings 2 and 3 include drive through areas with circulation and queuing for 7-10 cars. Two dock doors are provided on the west facing (backside of building) of building 3. A trailer may remain in the dock and be switched out periodically. The other dock space of building 3 is used for a trash compactor. Parking for 222 cars is required per the City regulations and parking for 224 cars is provided throughout the entire development with a shared parking agreement between the 3 lots and outlot to the northeast. Shared access from Krueger Drive and 60"'St N is proposed and a separate application to MNDOT for the access on 6e St is in process. A landscape plan is provided as part of the submittal package, and is in accordance with the City Code and Design Guidelines. The truck dock area is screened by ever green trees to the west to provide screen of the area. Building architecture is in compliance with the design guidelines as well. Water and Sewer Utilities will be extended Into the site from Krueger Drive, and will have private easements over them between all the lots in the development. Water will be looped to 60°11 St and fire hydrants will be installed internal to the development in accordance with the local fire code. All buildings will be sprinkled in accordance with the building code. Each building will have its own 6-inch water and sewer service extended to it from the internal 8-inch sewer and water lines. Future utilities will be extended to the Northeast Outlot to provide for future development of the Oudot parcel. Currently, the water from this site flows to the north, west and south, but ultimately all flows to the regional pond located to the west of the development A separate stonnwater permit application is being processed by Browns Creek Watershed District. ' This property is under a special TSMP agreement for stormwater management between the City of Oak Park Heights, City of Stillwater, and the Browns Creek Watershed District. This agreement states the regional pond was developed under the Browns Creek Watershed District Rules in 2001, and this site was designed to discharge into the regional pond with an impervious surface and green space area equivalent to a Curve Number of 92. The regional pond provides for some volume control for the site, however the Browns Creek Watershed District rules have changes for volume control The project will be required to provide the difference in volume control between the old 3 Page 100 of 290 and new rules. A Inhltradon basin has been provided on the east side of the project to provide the required difference in volume control. Prior to stormwater entering the infiltration basin, treatment will be provided in accordance with the Browns Creek Watershed District and MPCA regulations. With the addition of the infiltration basin, the project exceeds the stormwater requirements outlined in the TSMP agreement, Browns Creek Watershed District, and the City of Oak Paris Heights stormwater requirements. SiTE LIGHTING: Pole mounted cut off shoe box fixtures are provided at the parking lot. In addition, decorative wall pack fixtures are provided at street and entry sides on the building. A photometric plan is provided. BUILDING MATERIALS. The exterior of building 3 on all four sides is a combination of brick, burnished block and stucco in earth tone colors. A light tan brick base and columns with a terra cotta colored EIFS top are separated by a middle section of burnished block There are windows on all four sides of the building, with high windows providing daylighting for the processing areas within. Canopies and raised parapets are provided above the entry, and columns project 4"beyond the face at the building's entry facade. Buildings 1 and 2 are a combination of brick and EIFS on all four sides Two brick colors are used, a light and dark orangelbrown. EiFS is a medium brown. Storefront on buildings 1 and 2 to be dark bronze to match the rich colors, building 3 to be clear anodized to go with the lighter overall scheme. SIGNAGE.- Building IGNAGE;Building signage is proposed above the entry. Signage will be internally illuminated individual letter signs. ISSUES ANALYSIS Comprehensive Pian. The property is designated as Commercial on the Proposed Land Use Map. The use of the site as retail and restaurant buildings is consistent with the Comprehensive Plan. Zoning. The property is zoned O-Open Space Conservation District. The Applicant has proposed a re-zoning to B-2, General Business. The retail and restaurant buildings are permitted uses within the B-2 General Business District. Section 401.03.A.7. lists the criteria for review of a rezoning. There are no issues with this rezoning in that it is designated for B-2 General Business District in the Comprehensive Plan. Shopping centers with joint signage, access and parking require a Planned Unit Development overlay. The Concept and General Plan phases of the process can be combined for this development in that all of the General Plan information has been submitted and deemed complete. Subdivision. The property is to be platted as Brackey Fourth Addition with three lots for each of the buildings and two Outlots. The plat will be subject to review and approval of the City Attorney and City Engineer. The park dedication fees have been paid for this area. Outlot A is at the northeast comer of the property at the intersection of Highway 36 and Krueger Lane and is subject to a no build restriction by Menards. That 4 Page 101 of 290 restriction will expire in the not too distant future and the lot could be developed at that time. Oudot B covers a-large pond that is part of the regional drainage system. The City has an easement over the pond/Outlot B. At this time, the City will not accept ownership of this pond. Setbacks. Building setbacks required in the B-2 District are a 40 foot front yard setback, 10 foot side yard setback and 20 foot rear yard setback. All of the building setbacks are complaint with the Zoning Ordinance requirements. All parking and drive aisles must be set back at least 10 feet from the property line. All of the parking and driveway areas are compliant. Traffic Circuiadon/Curb Cuts. The site will be accessed by 60th Street North at the north side of the property and Krueger Lane on the East. The City Engineer shall review the locations of the access for their acceptability. The plan shall be subject to review by the Fire Marshal for emergency vehicle access. The Applicant will need to obtain an access permit from the Minnesota Department of Transportation for the driveway onto 60th Street North. Parking. The following table provides an analysis of proposed and required parking spaces. The assumed uses are retail for Lot 1 and 3, and two 60 seat fast food restaurants as well as another retail space for Lot 2. Building Parking Requirements and Calculation Required Spaces Lot 1 Building Retail: 1 Space per 200 Square Feet 27 6,000 x .9 = 5,400/200 = 27 spaces) Lot 2 Building Restaurant: 89 Seating— 1 Stall per 35 Square Feet Kitchen— 1 Staff per 80 Square Feet Both Restaurants: (1,800 x .9= 1,620 135 = 46 spaces) (3,200 x .9 =2,880/80 =36 spaces) Retail: i Space per 200 Square Feet 1,600 x .9= 1,440 1 200 = 7 spaces) Lot 3 Building Retail: 1 Space per 200 Square Feet 93 20,600 x .9= 18,540 1 200 =93 spaces) TOTAL 209 Per ordinance, the site would require 209 parking spaces for what is currently proposed with the retail and two restaurants. The proposed site plan indicates a total of 224 spaces, 54 spaces on Lot 1, 63 on Lot 2 and 107 on Lot 3. There will be cross easements for parking and access throughout the development. The plans indicate nine disability stalls adjacent to the front entrances of the three buildings, which will be adequate for the site. 5 Page 102 of 290 Drive-Thru for Restaurants. The Lot 1 and 2 retail buildings have been designed with the circulation to allow for a restaurant drive-thru at the rear of the buildings. The stacking distance would be adequate, but there would not be room for an altemate lane around the queue. The proposed multiple restaurant drive-thru requires a conditional use permit. City Staff would need to review the final plans for the drive thru with ordering boards and pick up windows. A condition will be placed requiring City Staff review and approval of the multiple restaurant drive thru when the building plans are reviewed. Snow Storage. The plans do not indicate an area for snow storage. The applicant shall indicate where the snow is to be stored. Snow storage shall not interfere with the proposed landscaping. Landscaping. The submitted landscape plan is subject to City Arborist review and approval. City Arborist comments are found as an exhibit to this report. Staff has requested additional detail information for a complete review of the landscape plan. Lighting. The lighting plan indicates the locations of the parking lot and site fixtures. The lighting specifications indicate that the fixtures to be used in the parking lot will be full cut off and LED and compliant with height requirements. The building light fixtures indicate the use of all full cut off fixtures. The photometric plan has been provided and complies with the Ordinance. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.8.7 of the Zoning Ordinance as it relates to lighting requirements. Trash Storage. The plans show the location and design of the trash enclosure. The brick colors will match the buildings. The doors will be constructed of composite wood and painted to match the brick color. The sides and rear of the trash storage area will be landscaped. Mechanical Screening. The plans and the narrative indicate that the parapet walls are designed to totally screen the mechanical equipment. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the Brown's Creek Watershed District. Signage. Freestanding Sinn. The pians indicate two pylon signs to be used at each entrance to the site. The signs can be a maximum of 100 square feet in size and be no more than 20 feet in height. In that this is a PUD review for a shopping center, the two signs of this 6 Page 103 of 290 size can be allowed at the two entrances. The bases of the two signs will need to be landscaped and Included on the landscape plan. Wall Signace, The Zoning Ordinance would allow for separate tenant signs for the two multi-tenant buildings. The signs would need to comply with the Zoning Ordinance requirements as the tenant spaces are leased. For Lot 1 and Lot 2 buildings, the plans indicate that there would be a maximum of 200 square feet of signage per wall and maximum of 500 square feet per building in compliance with the Ordinance. For the Lot 3 building, there are three 71 square foot signs on three facades of the building. This signage is in compliance with the Ordinance. Sign Illumination. The signs will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. The building signage will be individual lit channel letters, mounted on a raceway attached to the face of each elevation. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. Design Guidelines Sustainable Guidelines. The applicant will need to discuss the methods in building construction and site design with the Planning Commission of how sustainability has been addressed. Architectural Guidelines. Faggde Treatments The three buildings will have a definite base, middle and top. The fagades feature differences in materials, prominent columns and a varied roof line to provide architectural interest. Ground Level Expression The buildings are one story with excellent visibility to Highway 36 and Krueger Lane. The entrances to Lot 1 and Lot 2 buildings will be visible from Highway 36 while the Lot 3 building entrance will be visible form Krueger Lane. Transoarencv The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The Highway 36 facing fagades will have a transparency of 29.8 percent for the Lot 1 building, and a transparency of 30.4 percent for the Lot 2 building. The Lot 3 building will have a 17.3 percent transparency facing Krueger Lane. The Planning Commission should comment on this fagade not meeting the transparency requirement. Entries All three buildings feature prominent entries with canopies. 7 Page 104 of 290 Roof Design The rooflines of all three buildings feature varying parapet heights to break up the roofline. The rooftop mechanical equipment will be completely screened within the parapet of the building. All three buildings are one story and less than 35 feet in height. Buildinc Materials and Colors The applicant has provided color elevations for review. The primary building materials of the Lot 1 and 2 building are brick and EIFS on all facades of the structure. The Lot 3 building is a combination of brick, burnished block and stucco on all four sides. None of the prohibited building materials will be used. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is not a franchise design. Site Design Guidelines Building Placement The proposed buildings are well placed on the site and will be a prominent feature of the intersection at 60t' Street North and Krueger Lane. Parking Areas The parking area is landscaped with perimeter plantings as well as plantings within the parking lot. Stone water Storm water will be addressed by the City Engineer. Pedestrian and Common Space There are existing trails along 60th Street North and the east side of Krueger Lane. The applicant has provided pedestrian/bike access plans with crosswalks on the Site Overview plan. The Planning Commission should comment. Landsca in Building entrance plantings are required. The plans indicate trees at the front of the building and planting boxes at the entrances. Trees/Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. Utilites/Service/Loadin Drive-Throw h/St ra a Areas Addressed elsewhere in the planning report. 8 Page 105 of 290 Lighting Addressed elsewhere in the planning report. Sicnace Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes A bike rack will be required for each building. The applicant should identify locations. CONCLUSION I RECOMMENDATION Subject to the preceding review, City staff recommends approval of the foilowing listed requests subject to the conditions that follow: • Planned Unit Development, Concept and General Plan • Zoning District Amendment to B-2 General Business District • Preliminary and Final Plat • Conditional use permit (CUP)for Drive Through Restaurants • Design Guidelines/Site Plan Review 1. The preliminary and final plat shall be subject to review and approval of the City Attomey and City Engineer. 2. The City will not accept ownership of Outlot B. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. All grading, drainage, erosion control, utility plans, and access driveways are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Brown's Creek Watershed District. 5. The Applicant shall obtain a driveway access permit from the Minnesota Department of Transportation If necessary. 6. City Staff review and approval of the multiple restaurant drive thru is required when the building plans are submitted. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 9 Page 106 of 290 8. The landscape plan shall be subject to the review and approval of the City Arborist. All required landscape plan details shall be submitted to the satisfaction of the City Arborist. 9. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance 10. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.6.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 11. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number, placement and intemal illumination. 12. The bases of the two pylon signs shall be landscaped and included on the landscape plan, subject to review and approval of the City Arborist. 13. The Planning Commission shall comment on the building design and building materials. The applicant has provided building material samples for Planning Commission review. 14. The Planning Commission should comment on the transparency of the front facade of the Lot 3 building. 15. The Planning Commission should comment on the pedestrian access through the site. 16. A bike rack should be identified on the site plan and placed on site for each building. pc: Julie Hultman 10 Page 107 of 290 c;"vvimnown Avenue nam,suite aiu,union mum,minnespolis,MN 55401 T 812.576.2700 F:812.67$.2786 www.djrcic.com May 11, 2016 PROJECT NARRATIVE PROJECT: Brackey 4th Addition is a proposed retail development at the Southwest Comer of 60th Street North and Krueger Lane in Oak Park Heights, MN. PROJECT DESCRIPTION: The proposed project is composed of three buildings of approximately 20,600 SF, 6,000 SF, and 6,600 SF The site is located on in the southwest comer of the intersection of 60"' Street North and Krueger Lane immediately north of the Menards store. The buildings will be privately developed, owned and leased to a mixture of retail, service and Quick Service Restaurant tenants. The applicant is requesting a rezoning of the property, preliminary and final plat, conditional use permit and site plan approval. SITE AND BUILDING DESIGN: The site area is approximately 7.84 acres in size (approximately 6 acres of upland, and approximately 2.84 acres of pond)and is bordered by a regional storm water pond to the west, Menards parking lot to the south, 60th Street North and Highway 36 to the North, and Krueger Lane and adjacent small shop retail to the east. The property is currently undeveloped and per the City Comprehensive Plan is guided for commercial use but zoned Open Space under the current City of Oak Park Heights Zoning Map. Rezoning is requested to zone the property to B-2 General Business consistent in the City of Oak Park Heights Comprehensive Plan. The purposed subdivision will subdivide the property into three separate buildable parcels and two outlots. The proposed Outiot A in the northeast comer may be developed at some time in the future, but is currently under a site line protection no build restriction to the benefit of Menards. The Outlot B will contain that portion of the site contained in the current regional ponding system. The final site plan has the buildings located on the northern and southern portions of the lot(while pushed west toward the pond)with parking to the north and east respectively. Buildings 2 and 3 include drive-thrus as shown on the site plan. The building and parking lot setbacks are in conformance with the setbacks outlined in the B-2 zoning code for the City of Oak Park Heights. City parking requirements have been met based on a mix of retail, service and restaurant uses in the buildings with shared parking agreements. Each building is provided with a trash enclosure and lots 1 and 2 will have an easement to allow the Lot 2 trash structure to be located on Lot 1. Buildings 2 and 3 include drive-thru areas with circulation and queuing for 7-10 cars. Two truck dock doors are provided on the west facing (backside) of building 3. One of the truck dock spaces of building 3 is used for a trash compactor. Parking for 222 cars is required per the City regulations and parking for 224 cars is provided throughout the entire development with a shared parking agreement between the 3 lots and the outlot to the northeast. Shared access from Krueger Drive and 60th Street North is proposed and a separate application to MNDOT for the access on 60'" Street is in process. A landscape plan is provided as part of the submittal package, and is in accordance with the City Code and Design Guidelines. The truck dock area is screened by evergreen trees to the west. Building architecture is in compliance with the design guidelines as well. RECEIVED MAY Page 108 of 290 r Water and Sewer Utilities will be extended into the site from Krueger Drive, and will have private easements over them between all the lots in the development. Water will be looped to 60"' Street North and fire hydrants will be installed internal to the development in accordance with the local fire code. All buildings will be sprinkled in accordance with the building code. Each building will have its own six inch (6")water and sewer service extended to it from the internal 8 inch (8") sewer and water lines. Future utilities will be extended to the northeast to provide for potential future development of the parcel Outlot A. Currently, the water from this undeveloped site flows to the north, west and south, but ultimately all flows to the regional pond located immediately to the west of the development. A separate storm water permit application is being processed by Browns Creek Watershed District. This property is under a special TSMP agreement for storm water management between the City of Oak Park Heights, City of Stillwater, and the Browns Creek Watershed District. This agreement states the regional pond was developed under the Browns Creek Watershed District Rules in 2001, and this site was designed to discharge into the regional pond with an impervious surface and green space area equivalent to a Curve Number of 92. The regional pond provides for some volume control for the site; however the Browns Creek Watershed District rules have changes for volume control. The project will be required to provide the difference in volume control between the old and new rules. An infiltration basin has been provided on the east side of the project to provide the required difference in volume control. Prior to storm water entering the infiltration basin, treatment will be provided in accordance with the Browns Creek Watershed District and MPCA regulations. With the addition of the infiltration basin, the project exceeds the storm water requirements outlined in the TSMP agreement, Browns Creek Watershed District, and the City of Oak Park Heights storm water requirements. SITE LIGHTING: Pole mounted cut off shoe box fixtures are provided at the parking lot. In addition, decorative wall fixtures are provided at street and entry sides on the building. BUILDING MATERIALS: Buildings 1 and 2 are a combination of brick and EIFS on all four sides. Two brick colors are used, a light and dark brown. EIFS is a dark brown. Storefront on buildings 1 and 2 will be dark bronze to match the rich colors. The exterior of building 3 on all four sides is a combination of brick, burnished block and stucco in lighter earth tone colors. A light tan brick base and columns with a terra cotta colored EIFS top are separated by a middle section of burnished block. There are windows on all four sides of the building, with high windows providing daylighting at interior within. Canopies and raised parapets are provided above the entry, and columns project 4" beyond the face at the building's entry facade. Clear anodized window frames and entry canopy are provided to match the light colors on building 3 to lighten the overall scheme. SITE SIGNAGE: There are two site sign types proposed for the project; a pylon sign at the comer of Krueger Lane and 601h Street North and a monument signs at the entry drives of both Krueger Lane and 601h Street North. Pylon Sign: In compliance with Oak Park Heights sign requirements the proposed pylon sign is 20' high and has a signage area of 100 square feet with space for project name and individual tenants. The base and sign box will be a metal with similar colors for the proposed buildings, and the top of the box will have an EIFS comics detail to match the comics detail on the Lots 1 and 2 retail buildings. Signage boxes will be illuminated during normal business hours in compliance with City requirements. Monument Sign: in compliance with Oak Park Heights sign requirements the proposed monument sign located at the entrance drives are 20' high and have sign faces of 100 square feet each with space for project name and individual tenants. The signs are designed to match the brick columns and EIFS comics details on the Lots 1 and 2 retail buildings. Signage boxes will be illuminated during normal business hours in compliance with City requirements. Page 109 of 290 BUILDING SIGNAGE: Building signage is proposed to be individual channel letters, mounted on a raceway attached to the face of each elevation. Locations for each building are shown on drawings with multiple sign locations for Lot 1 and Lot 2 mufti-tenant buildings. The maximum area allowed for each face will be 200 square feet(which will be less than 10% of wall area). Signs will be illuminated during normal business hours, or until 11:00 pm per City requirements. Three signs are proposed for the Lot 3 building as shown on drawings with each sign area less than the 120 square feet allowable (which is less than 10% of the wail area). DIRECTIONAL SIGNAGE: Direction signs are shown on site and master sign plan for identification of drive-thru access, one-way routing, etc. Additional directional signs may be added as required to direct motorists. Design and color of directional signs will be similar to sign faces at monument signs. P:)djr-arch%2016118-024.00Wrord%designlzoning&planningWWhieed Project Narrative 42516 Page 110 of 290 r Kimley*Horn MEMORANDUM To: Lee Mann, P.E. Stantec, Inc. (Serving as City Engineer of Oak Park Heights) From: Douglas Arnold, P.E. Kimley-Hom and Associates, Inc. Date: May 11, 2016 Re: Proposed Retail Development—SWC of 60th Street N&Krueger Lane Traffic Analysis Oak Park Heights, Minnesota Introduction The Driessen Group is proposing to redevelop a property at the southwest corner of 60th Street North and Krueger Lane in Oak Park Heights, Minnesota. The total site area is just under 8 acres and is currently undeveloped.The proposed development includes three lots with building area totaling 33,200 square feet. A traffic letter has been requested by Ramsey County staff.The purpose of this traffic letter is to provide existing conditions of surrounding roadways, discuss site trip generation, distribution and assignment, and determine the need for a dedicated right-tum lane at the proposed project driveways. Existing Conditions Krueger Lane is an existing north-south three-lane undivided roadway(two through lanes and center tum lane)that is adjacent to the proposed development to the east.The posted speed limit is 30 mph. 60th Street North is an existing east-west three-lane undivided roadway(two through lanes and center tum lane)that is adjacent to the proposed development to the north.The posted speed limit is 40 mph. The existing ADT(average daily traffic)was obtained for the surrounding roadways near the proposed development including Stillwater Boulevard and TH 36. Stillwater Boulevard, south of TH 36,is 22,800 vehicles per day and Stillwater Boulevard north of TH 36 is 20,700 vehicles per day.TH 36 east of TH5 is 29,000 vehicles per day. Exhibit 1 (attached) provides the proposed site location and a summary of existing Average Daily Traffic (ADT) on the surrounding roadways. This information was provided through MnDOrs Traffic Forecasting and Analysis mapping application. RECEIVED MAY 1 1 2016 Page 111 of 290 Kimley*Horn Site Development Information The development is anticipated to consist of three buildings; Lot 1 will contain a 6,000 square foot specialty retail building, Lot 2 will contain a 3,300 square foot fast food restaurant with drive-thru and a 3,300 square foot high-tumover sit-down restaurant, and Lot 3 will consist of a 20,600 square foot specialty retail building.Access to the development will be provided by two full access driveways; one full access driveway on 60th Street North and one full access driveway on Krueger Lane. Trip generation for the development was calculated based on the Institute or Transportation Engineers (ITE) Trip Generation, 9th Edition. ITE Land Use Code 826 was used for the specialty retail portion of the development in lot 1 and lot 3. ITE Land Use Codes 932 and 934 were used for the two restaurants in lot 2. There is intemal access between the land uses so an intemal capture reduction of 20%was applied to the external trip generation. Table 'I provides the trip generation for the proposed development. The site is anticipated to generate 170 PM peak hour trips. The AM peak hour was not reviewed for this study because retail is not typically open for business during the AM peak hour of the adjacent street A pass-by reduction was not applied as the existing roadway volumes along 60th Street North and Krueger Lane are anticipated to be low. Table 1-Trip Generation Analysis IPM Peak Hour Land Use Description ITE Intensity/Units In Out Tota[ Specialty Retail Center 826 26,600 Sq.Ft 32 40 72 High Turnover(Sit-Down)Restaurant 932 3,300 Sq.Ft 20 13 33 Fast-Food Restaurant w/D.T. 934 3,300 Sq.Ft 56 52 108 TO'T'AL NET NEW TRIPS 108 105 213 internal Capture(20%) 22 21 43 TOTAL DRIVEWAY TRIPS 86 84 170 The estimated trip distribution of site generated traffic was based on ADT information and anticipated travel patterns. Listed below are the assumed distributions. 25%east on 60th Street North 20%west on 601h Street North 25%east on 58th Street North 30%west on 581h Street North Exhibit 2 (attached) shows the directional distribution of site generated trips. Exhibit 3 (attached) shows the trip assignment of the site generated trips according the directional distribution. Page 112 of 290 Kimley)OHorn Right Turn Lane Analysis Based on the trip assignment, there is anticipated to be a peak hour volume of 26 for the eastbound right turn movement on 600' Street North and a peak hour volume of 10 for the southbound right-tum volume on Krueger Lane. Due to the low volume of right tum traffic, combined with the low volume of advancing volume on 60"' Street North and Krueger Lane, dedicated right-tum lanes are not recommended. This is also consistent with other driveway access along the two roadways where dedicated right tum lanes are not provided. Summary The proposed development will consist of a 6,000 square foot specialty retail building, 3,300 high- turnover sit-down restaurant, 3,300 fast food restraint with drive-thru and an additional 20,600 square foot specialty retail. The proposed development includes two full access driveways;one on 601h Street North and one on Krueger Lane. The anticipated trip generation of the development is 170 vehicles during the PM peak hour_ Due to the multiple access points and traffic being spread out in multiple directions of arrival and departure, the site is not anticipated to have a significant impact on the surrounding roadways and intersections.Additionally, right-tum lanes are not recommended at either driveway to the site. Feel free to contact me if you have any questions or comments via email doug.arnolddftimley- hom.com or by phone at 651-643-0466. Sincerely, L)d4 0&.,,/ Douglas Arnold, ° Page 113 of 290 M � �c w i Nv �� xX"� .�� JY s� yI __ P-�'ye JA � e a pL M1^4 ��^r q�,s• U � ��a AA Lu 0 i 91 d'G "JSP. L � Q� I f� w4F4JpR'u MM yMRy Q yr 4� #*#;Ae d ry U /Q ccy f 1" `LL C air ° W U) -7-77,u rA 4 �a t w M llll' as .. , AS I a tYE ,p r�. 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I w��w.�ae�.a..r��rMM�caaa�..�_.•r�amw, i.am. i I{Y ssmsopu3 4sm.L SNI 32if11�311H�2dN �.�.�.._.�.�`•.• r ... ,,n 1 `� � 4-d � `$:�...�.r y Jf121SSNUtS'llUdlUN-•XLiHMIWi t'd � x ew-rwwvo NUO J 'I �'b I e f fit @i3 1 IN 111 Ift 0i133 .A � � ��/ d% res l� 'i a a•� v� � I F i I 1 I I I I I t i Page 145 of 290 32 stantec Consu"kv swvkes Inc. 7335 Highway 36 West St.Paul MN 55113 Tei:(651)636-46M Stantec Fax:(651)636-1311 June 1,2o16 Mr.Eric Johnson,Administrator City of Oak Park Heights 14168 Oak Park Blvd.N.,P.O.Box 2007 Oak Park Heights,MN 65082-2007 Reference: Brackey Retail—Plan and Drainage Design Review Dear Eric, We have reviewed the plans and drainage calculations submitted regarding the proposed Brackey Retail Development.The plans are shown as preliminary and not for construction. Further review will be forthcoming when construction plans are submitted.Following are our preliminary comments and recommendations: Stormwater/Drainage 1. The project is subject to review by the Brown's Creek Watershed District.The City shall be provided a copy of the permit approval letter from the BCWD prior to construction activity. 2. From the City's perspective,rate control and water quality requirements are addressed by the existing regional pond to the west(Pond OPH-25). 3. The submitted HydroCAD modeling is acceptable. 4. The proposed infiltration pond is located within the City's High Vulnerability Drinldng Water Supply Management Area,and cannot be allowed per the NPDES construction permit. Traffic Analysis Letter 1. It is assumed that Washington County or MnDOT has requested this letter(not Ramsey County). 2. Please include the date of the traffic counts in the third paragraph under Existing Conditions(Page i). g. Provide justification that land use code 826 is appropriate for lots 1 and,in particular, lot 3. 4. Provide existing traffic volumes for 6oth Street North and Krueger Lane,including PM Peak volumes. Design with community in mind Page 146 of 290 (3 Mr.Eric Johnson Page 2 of 4 Reference:Brackey Retail—Plan and Drainage Design Review 5. Using the fitted curve equation instead of the average rate would result in 85 total vehicles at the PM Peak Hour for the Specialty Retail Center(Table i). 6. The internal capture percentage in Table i is ok if code 826 is appropriate for the specialty retail. 7. The assumed trip distribution shown on page 2 does not match Exhibit 2. Site Plan i. Parldng,building location and internal pedestrian ways to be reviewed by others. 2. Refer to the Fire Deparhnent review of fire lanes and circulation. 3. At the access connections to 60th Street and Krueger Lane,match enlisting pavement and curb. Tie in pavement with butt joints. Erosion Control Plan, Drainage and Grading Plan i. Construction plans will need to include detail plates. Use City of Oak Park Heights detail plates where applicable. 2. As indicated previously,the proposed infiltration pond is located within the City's High Vulnerability Drinking Water Supply Management Area,and cannot be allowed per the NPDES Construction Stormwater Permit. 3. The stormwater facilities proposed for the site,including facilities that encroach into the drainage easement(Menards Pond)at the west end of the property shall be considered private and shall be owned and maintained by the Owner. 4. Show interim erosion control measures if the sod indicated in the Landscape Plan is not placed immediately following grading. 5. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. Design with community in mind Page 147 of 290 (3 Mr.Eric Johnson Page 3 of 4 Reference:Brackey Retail—Plan and Drainage Design Review Utility Plan i. Connections to the City's sewer and water systems shall be per the City's standards and detail plates. The City or its designee shall be present for water and sanitary sewer service connections to the City's systems. 2. Connection to the City's water main will not be allowed via wet tap. A tee will need to be installed;coordinate with the City's Public Works Department. 3. Clarify the intent for the connection to the City's sanitary sewer system in Krueger Lane. It appears that an inside the manhole drop is contemplated;the City does not allow inside drops in sanitary manholes. 4. The watermain,hydrants and sanitary sewer that serve the site will be private and maintained by the owner. General Comments 1. The City reserves the right to inspect the construction of the project. The City or its designee shall be present for water and sanitary sewer service connections to the City's systems. 2. The Owner will need to comply with all requirements of the NPDES Construction Stormwater Permit and the Brown's Creek Watershed District. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. 3. Lighting and landscaping to be reviewed by others. 4. The Owner shall be responsible for obtaining all required permits. S. Utility construction and improvements in the right-of-way need to conform to the City's Standard Detail Plates. The City's details can be provided upon request. Design with community in mind Page 148 of 290 (3 Mr.Eric Johnson Page 4 of 4 Reference:Brackeey Retail—Plan and Drainage Design Review If you have any questions or require further information,please do not hesitate to contact me. Regards, STANTEC CONSULTING SERVICES INC. Lee M.Mann,P.E. City Engineer Phone: 661-6o4-4860 lee.mann@stantec.com cc: Andy Kegley,Public Works Director Julie Hultman,Building Official Scott Richards,City Planner Mark Vierling,City Attorney Lisa Danielson,City Arborist Design with community in mind Page 149 of 290 X33 City of Oak Park Heights 14158 Oak Park Blvd Re Box 2007.Oak Park Heights,MN 55082•Phone(651)439-439.Fax 439-0574 Memorandum Ta Eric Johnson, City Administrator Co: Sett Richards, City Planner,Julie Hultman, Building Official Fim. Lisa Danielson,Arborlst no-a 05127/2018 Ra: Oak Park Heights Retail Landscape Plan Review I have reviewed the landscape plans submitted by The Driessen Group LLC dated Monday, May 2nd 2016. The following includes my comments and/or recommendations: Landscape Plan (1-1.0) The submitted plan includes a very basic array of deciduous trees, evergreens, ornamental trees, shrubs and perennial plants as shown in the landscape design and preliminary plant schedule. The design shows many of the deciduous overstory trees to be planted in islands throughout the parking lot. The plant schedule submitted is also very basic and incomplete. The following are items that must be included: the common names and scientific (Latin) names of all plants, all quantities must be listed separately for each individual plant species, a Wer code and quantity that correlates with each plant and its location in the landscape plan, this is especially needed to review the islands in further detail. The overstory deciduous trees included in the plans are not of minimum size requirements, to meet requirements these trees must be 2.5 caliper inches.. The 'Spring Snow' crabapple included in the plant schedule has a fair tolerance to apple scab, it is recommended that a crabapple with excellent tolerance to apple scab is planted in place such as Malus`Prairifire' or Malus`Royal Raindrops'. The roses included in the plant schedule should be substituted with a low maintenance shrub such as Physocarpus opulifolius 'Little Devif.. Planting Specifications(L1.0) The landscape notes submitted is acceptable. A planting detail diagram for trees (deciduous and evergreen) and shrubs must be included with the final landscape plans. The landscape contractor is required to plant trees and shrubs according to the approved planting detail submitted with the approved landscape plan. This will be checked after planting and any TREE CITY U.S.A. Page 150 of 290 deviations from the detail will need to be corrected before the landscaping will be approved by the City, this needs to be noted in the final plans. Please contact me if you have any questions regarding this landscape plan review. Please forward my comments to the development team for this project. 2 TREE CITY U.S.A. Page 151 of 290 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST OF THE DRIESSEN GROUP FOR PLANNED UNIT DEVELOPMENT, CONCEPT AND GENERAL PLAN, CONDITIONAL USE PERMIT FOR A DRIVE THROUGH RESTAURANT, ZONING DISTRICT AMENDMENT TO B-2 DISTRICT, PRELIMINARY AND FINAL PLAT, AND DESIGN GUIDELINES/SITE PLAN REVIEW SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from The Driessen Group for Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant, Zoning District Amendment to B-2 District, Preliminary and Final Plat, and Design Guidelines/Site Plan review, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: I. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned O—Open Space Conservation. The Applicant has requested a rezoning to B-2 General Business District consistent with the Comprehensive Plan; and 4. The Applicant has applied for a Planned Unit Development, Concept.and General Plan to allow a shopping center with joint signage, access and parking; and 5. The property is to be subdivided as Brackey Fourth Addition, requiring review and approval of a Preliminary and Final Plat; and 5. A Conditional Use permit has been requested to allow for a drive through restaurant; and Page 152 of 290 7. Design Guideline/Site Plan approval is required for a new building and site improvements; and 8. City staff prepared a planning report dated June 1,2016 reviewing the request; and 9. Said report recommended approval of the Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant, Zoning District Amendment to B-2 District, Preliminary and Final Plat, and Design Guidelines/Site Plan review, subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their June 9, 2016 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted from The Driessen Group for Planned Unit Development, Concept and General Pian, Conditional Use Permit for a drive through restaurant, Zoning District Amendment to B-2 District, Preliminary and Final Plat, and Design Guidelines/Site Plan review affecting the real property as follows: SEE ATTACHMENT A The Planning Commission recommended the following subject to the conditions as follows: • Zoning District Amendment to B-2 District • Planned Unit Development, Concept and General Plan • Preliminary and Final Plat approval. • Conditional Use Permit for a Drive Through Restaurant. • Design Guidelines/Site Plan Review. 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The City will not accept ownership of Outlot B. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. All grading, drainage, erosion control, utility plans, and access driveways are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Brown's Creek Watershed District. 5. The Applicant shall obtain a driveway access permit from the Minnesota Department of Transportation if necessary. Page 153 of 290 6. City Statt review and approval of the restaurant drive through is required when the building plans are submitted. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled Off site. 8. The landscape plan shall be subject to the review and approval of the City Arborist. All required landscape plan details shall be submitted to the satisfaction of the City Arborist. 9. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 10. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 11. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number, placement and internal illumination. 12. The bases of the three pylon signs shall be landscaped and included on the landscape plan, subject to review and approval of the City Arborist. 13. The Planning Commission was favorable to the building design and building materials. The applicant has provided building material samples for Planning Commission review. 14. The Planning Commission was favorable to the proposed transparency of the front facade of the Lot 3 building. 15. The City Engineer shall review and approve the turning radius for the drive through at the south east corner of the Lot 2 building. 16.A bike rack should be identified on the site plan and placed on site for each building. Recommended by the Planning Commission of the City of Oak Park Heights this 9t' day of June, 2016. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 154 of 290 ATTACHMENT A Planned Unit Development—Concept & General Plan, Conditional Use Permit(Drive Through Restaurant), Zoning District Amendment to B-2, Preliminary & Final Plat, Design Guidelines/Site Plan Review Driessen Group LLC Oak Park Heights Retail Located at SW Intersection of 6011 St. N. & Krueger Ln.,N Washington County GEO Code: 05.029.20.22.xxxx Legal Description: Brackey Addition Physical Address: SW Intersection of 601h St.,N., & Krueger Ln.,N. Page 155 of 290 ATTACHMENT B ir Planned Unit Development—Concept& General Plan, Conditional Use Permit (Drive Through Restaurant), Zoning District Amendment to B-2, Preliminary& Final Plat, Design Guidelines/Sitc Plan Review Driessen Group LLC Oak Park Heights Retail 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) Meeting With City Staff Upon Application Submittal: May 25, 2016 Planning Commission Review & Recommendation: June 9, 2016 PUD Amendment-Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the Ciencral 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) Conditional Use Permit- Lapse of Approval: Unless the City Council specifically approves a different time when action is otticially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 156 of 290 RESOLUTION NO. 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 OF THE DRIESSEN GROUP FOR PLANNED UNIT DEVELOPMENT, CONCEPT AND GENERAL PLAN, CONDITIONAL USE PERMIT FOR A DRIVE THROUGH RESTAURANT, ZONING DISTRICT AMENDMENT TO B-2 DISTRICT, PRELIMINARY AND FINAL PLAT, AND DESIGN GUIDELINESISITE PLAN REVIEW BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from The Driessen Group for Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant, Zoning District Amendment to B-2 District, Preliminary and Final Plat, and Design Guidelines/Site Plan review, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned O—Open Space Conservation. The Applicant has requested a rezoning to B-2 General Business District consistent with the Comprehensive Plan; and 4. The Applicant has applied for a Planned Unit Development, Concept and General Plan to allow a shopping center with joint signage, access and parking; and 5. The property is to be subdivided as Brackey Fourth Addition,requiring review and approval of a Preliminary and Final Plat; and 6. A Conditional Use permit has been requested to allow for a drive through restaurant; and Page 157 of 290 7. Design Guideline/Site Plan approval is required for a new building and site improvements; and 8. City staff prepared a planning report dated June 1, 2016 reviewing the request; and 9. Said report recommended approval of the Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant, Zoning District Amendment to B-2 District, Preliminary and Final Plat, and Design Guidelines/Site Plan review, subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their June 9, 2016 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from The Driessen Group for Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant, Zoning District Amendment to B-2 District, Preliminary and Final Plat, and Design Guidelines/Site Plan review affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: • Zoning District Amendment to B-2 District • Planned Unit Development, Concept and General Plan • Preliminary and Final Plat approval. • Conditional Use Permit for a Drive Through Restaurant. • Design Guidelines/Site Plan Review. 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The City will not accept ownership of Outlot B. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. All grading, drainage, erosion control, utility plans, and access driveways are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Brown's Creek Watershed District. 2 Page 158 of 290 5. The Applicant shall obtain a driveway access permit from the Minnesota Department of Transportation if necessary. 6. City Staff review and approval of the restaurant drive through is required when the building plans are submitted. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 8. The landscape plan shall be subject to the review and approval of the City Arborist. All required landscape plan details shall be submitted to the satisfaction of the City Arborist. 9. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 10. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 11. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number,placement and internal illumination. 12. The bases of the three pylon signs shall be landscaped and included on the landscape plan, subject to review and approval of the City Arborist. 13. The Planning Commission was favorable and the City Council approves the building design and building materials. 14. The Planning Commission was favorable and the City Council approves the proposed transparency of the front facade of the Lot 3 building. 15. The City Engineer shall review and approved the turning radius for the drive through at the south east corner of the Lot 2 Building. 16.A bike rack should be identified on the site plan and placed on site for each building. Approved by the City Council of the City of Oak Park Heights this 27'' day of June, 2016. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 159 of 290 ATTACHMENT A Planned Unit Development—Concept& General Plan, Conditional Use Permit (Drive Through Restaurant), Zoning District Amendment to B-2, Preliminary & Final Plat, Design Guidelines/Site Plan Review Driessen Group LLC Oak Park Heights Retail Located at SW Intersection of 60 St. N. & Krueger Ln., N Washington County GEO Code: 05.029.20.22.xxxx Legal Description: Brackey Addition Physical Address: SW Intersection of 601h St.,N., & Krueger Ln.,N. Page 160 of 290 ATTACHMENT B Planned Unit Development—Concept& General Plan, Conditional Use Permit (Drive Through Restaurant), Zoning District Amendment to B-2, Preliminary & Final Plat, Design Guidelines/Site Plan Review Driessen Group LLC Oak Park Heights Retail 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) Meeting With City Staff Upon Application Submittal: May 25, 2016 Planning Commission Review & Recommendation: June 9, 2016 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) Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time,when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 161 of 290 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2016 - AN ORDINANCE AMENDING SECTION 401.20.13, MAP OF THE ZONING ORDINANCE TO REZONE PROPERTY AT THE SOUTHWEST CORNER OF 60TH STREET NORTH AND KRUEGER LANE FROM O-OPEN SPACE CONSERVATION DISTRICT TO B-2 GENERAL BUSINESS DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. The City Council of the City of Oak Park Heights has considered a request to rezone a parcel at the southwest corner of 60th Street North and Krueger Lane legally to be described as Brackey Fourth Addition and makes the following findings and conclusions: 1. The proposed rezoning would facilitate development of the property for a shopping center development at 60th Street North and Krueger Lane. 2. The City's Comprehensive Plan designates the property as Commercial Land Use, and the proposed rezoning is consistent with the official Comprehensive Plan. 3. The proposed development would be positive to the commercial area along 60th Street North and will not cause any adverse impact to residential neighborhoods. 4. Existing City services are sufficient to accommodate the proposed development. 5. The traffic generated by the proposed development is within the capabilities of the streets serving the area provided that the conditions applicable to the approvals are followed. 6. The Planning Commission, after holding a public hearing, recommended approval of the rezoning at their June 9, 2016 meeting. SECTION 2: That Section 401.20.13 Map of the Zoning Ordinance, City of Oak Park Heights, Minnesota, is hereby amended to include the following: The following property shall be rezoned from O-Open Space Conservation to B-2 General Business District: Page 162 of 290 Brackey Fourth Addition SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 27th day of June, 2016 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST- Eric A. Johnson, City Administrator Page 163 of 290 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 164 of 290 0, Oak Park Heights Request for Council Action Meeting Date June 271h,2016 Time Required: 10 Minutes Agenda Item Title; Kwik Rip eDistrict_lW Amendment to Allow Motor Fuel Stations and Car Washes—Conditional Use Permit for the Motor Fuel Station and Car Wash Use, Conditional Use Permits for Signage and Exterior Storage, Preliminary and Final Plat, and Design Standards/Site Plan Review at the intersection of 581' Street North and Memorial Avenue Agenda Placement New Business Originating Department/Requestor: Eric Johnson,City Administrator Requester's Signature Action Requested Discussion Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: 1. Planning Report dated June 2-d,2016 2. Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution Page 165 of 290 3801 Thurston Avenue N, Suite 100 Anoka. MN 66303 Phone:7a3.231.5840 Facsimile:703.427.0520 TPCTP`C@P1annin9Cc.Dorn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 2, 2016 RE: Oak Park Heights — Kwik Trip — B-3 District Text Amendment to Allow Motor Fuel Stations and Car Washes — Conditional Use Permit for the Motor Fuel Station and Car Wash Use, Conditional Use Permits for Signage and Exterior Storage, Preliminary and Final Plat, and Design Standards/Site Plan Review at the intersection of 58th Street North and Memorial Avenue. TPC FILE: 236.02- 16.05 BACKGROUND Leah Berlin, representing Kwik Trip Inc. has made an application to develop a Kwik Trip motor fuel station and car wash at the intersection at of 58th Street North and Memorial Avenue North. The application consists of requests for a B-3 District Text Amendment to Allow Motor Fuel Stations and Car Washes, Conditional Use Permit for the Motor Fuel Station and Car Wash Use, Conditional Use Permits for Signage and Exterior Storage, Preliminary and Final Plat, and Design StandardstSite Plan Review. The property is currently undeveloped. The property will be platted creating a lot for the Kwik Trip and for the Simoners Fumiture site that is planned just south on Memorial Avenue North. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative, Leah Berlin, May 10, 2016 Exhibit 2: Cover Sheet(G000) Exhibit 3: Land Survey Exhibit 4: Final Plat Exhibit 5: Site Plan (SP1) Exhibit 6: Site Plan Notes (SP1.1) Page 166 of 290 Exhibit 7: Grade Plan(SP2) Exhibit 8: Storm Sewer Plan (SP3) Exhibit 9: Utility Plan (SP4) Exhibit 10: Site Plan Details (SP5) Exhibit 11: Site Plan Details (SP6) Exhibit 12: Erosion Control Plan (S-P1) Exhibit 13: SWPP Notes (SWP2) Exhibit 14: Erosion Control Details (SWP3) Exhibit 15: Erosion Control Details (SWP4) Exhibit 16: Landscape Plan (1-1) Exhibit 17: Photometric Site Plan (E1) Exhibit 18: LED Lighting Details (6 pages) Exhibit 19: Roof Plan (A140) Exhibit 20: Building Section (A300) Exhibit 21: Site Plan with Signage Locations (SP1) Exhibit 22: Logo and Sign Detail (CS1) Exhibit 23: Sign Details (CS2) Exhibit 24: Canopy Signage (CA1) Exhibit 25: Canopy Signage (CA2) Exhibit 26: Canopy Signage (CA3) Exhibit 27: Canopy Signage (CA4) Exhibit 28: Directional Signage (DS1) Exhibit 29: Directional Signage (DS2) Exhibit 30: Directional Signage (DS3) Exhibit 31: DEF/DSL Signage (DEF1) Exhibit 32: Pylon Signage/Canopy Signage Details(20 Pages) Exhibit 33: Building Color Elevations Exhibit 34: Canopy Elevations - Gas Exhibit 35: Canopy Elevations— Diesel Exhibit 36: Pictures of Kwik Trip Stations (3 Pictures) Exhibit 37: Report of the City Engineer Exhibit 38: Report of the City Arborist PROJECT DESCRIPTION Leah Berlin, has provided the following project narrative: This letter is intended to accompany our submittal for our application to me City of Oak Park Heights for the requested Zoning District Amendment (Text Amendment), Conditional Use Permit, and Site Plan Review. The text amendment is to allow a convenience store with fuel use in the B-3 zoning district Kwik Trip is requesting to be placed on the June 9"'Planning Commission meefing. 9=2@ny Background Kwik Trip is a Wisconsin based company that prides itself on providing the convenience of everyday grocery needs at competitive prices. Fresh meat, fruit, potatoes, banana, onions, milk, bread, eggs, butter, and ice cream are stocked in the stores daily. Kwik Trip operates its own 2 Page 167 of 290 dairy, bakery and commissary where milk, ice cream, breads, pizzas, sandwiches and soups are produced dally and shipped to the stores. Proiect Information Kwik Trip is proposing the construction of new convenience store with an attached double bay carwash, 20 space vehicle fueling canopy and 2 lane diesel canopy. The new store is proposed to be predominately brick with stucco accents. Colored building elevations of the stone and canopies are included in the submittal. Kwik Trip is looking to invest long term in the community of Oak Park Heights by developing this site to better serve our growing customer base. The project is estimated to cost $3,000,000 including the associated equipment and will employ between 20-30 full and part time employees. Signage plans have been included in the submittal. Signage requests include a LED lit stripe on the fueling canopies along with a LED back lit Kwik Trip logo on the gas canopy face and a free standing pylon sign Exterior merchandising is being requested along the store front and at the canopy island ends. Along the front sidewalk of the store, Kwik Trip is requesting a space for a video rental kiosk and an enclosed cage for propane sale and exchange. Under the gas canopy, space for water softener salt is requested. Although not available for sale, 2 ice merchandisers are located along the delivery side of the building for additional ice storage. All ice sales occur inside the stone, but additional storage is needed, especially during peak summer times. Requested hours of operation will be 24 hours a day, seven days a week. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Highway Business/Warehouse on the Proposed Land Use Map. The fuel station, convenience store and car wash will be consistent with this land use designation. Zoning. The property is zoned B-3 General Business District. The B-3 District does not currently allow for motor fuel stations and car washes either as a permitted or conditional use. City Staff has reviewed this issue and does not have an issue with including the motor fuel stations or car washes as a Conditional Use Permit in this district. The Zoning Ordinance would need to be amended to add the criteria for motor fuel stations and car washes. See the proposed language and list of conditions with a review of the Kwik Trip as follows: Section 401.300.E.17 and 401.300.E.18 of the B-3 District of the Zoning Ordinance would be amended to list criteria for review of car washes and motor fuel stations. Most of the issues raised in those criteria have been addressed in this report. A review of those criteria based upon the Kwik Trip is found as follows: 97. Car washes (drive through, mechanical and self-service)provided that: 3 Page 168 of 290 a. The architectural appearance and functional plan of the building and site shall not be dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot Comment: The buildings are subject to Design Guideline review. The buildings and site will be conforming to the performance standards of the City. b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. Comment: There are two car wash bays and more than adequate length in the space provided for stacking. C. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. Comment: A landscape area of 10 feet has been provided for lot lines. d. Parking or car magazining storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. Comment: There are no abutting residential districts. e. The entire area other than occupied by the building or plantings shaft be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. Comment: All of the parking area and driveways are paved. f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. Comment: The drainage system shall be subject to approval by the City Engineer. g. All lighting shall be noosed and so a erected that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 401.15.8.7 of this Ordinance. Comment: All of the lighting shall be shielded by full cut of light fixtures in compliance with the Ordinance. 4 Page 169 of 290 h. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. Comment: The access points will be approved by City Engineer. i. All signing and informational or visual communication devices shall be in compliance with Section 409.95.G. of this Ordinance. Comment: All signage shall conform or be subject to a Conditional Use Permit. 1- Provisions are made to control and reduce noise. Comment: The site shall not create excessive noise. The Applicant shall address noise levels from the car wash. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. Comment: The Planning Commission should review the criteria to determine if there are any issues with this request. City Staff has no issues with this request as it relates to the criteria. 18. Motor fuel station, auto repair-minor and tine and battery stores and service, provided that: a. Regardless of whether the dispensing, sale of offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the properly. Comment: The motor fuel standards have been applied. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Comment: The buildings are subject to Design Guideline review. The buildings and site will be conforming to the performance standards of the City. C. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 5 Page 170 of 290 Comment: All of the parking area and driveways are paved. d. A minimum lot area of twenty thousand(20,000) square feet and minimum lot widths of one hundred fifty(150) feet. Comment: The lot area for Kwik Trip will be 7.1 acres and the lot widths are more than 150 feet. e. A drainage system subject to the approval of the City Engineer shall be installed. Comment: The drainage system shall be subject to approval by the City Engineer. f. A curb not less than six (B) inches above grade shall separate the public sidewalk from motor vehicle service areas. Comment: Curbs shall be provided. g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 401.15.B.7. of this Ordinance. Comment: All of the lighting shall be shielded by full cut of light fixtures in compliance with the Ordinance. h. Wherever fuel pumps are to be installed, pump islands shall be installed. Comment: Pump Islands will be installed. L At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. Comment: A landscape area of 10 feet has been provided to lot lines. j. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. Comment: There are no abutting residential districts. k Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. b Page 171 of 290 Comment: The access points will be reviewed by the City Engineer. 1. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G. of this Ordinance. Comment: All signage shall conform or be subject to a Conditional Use Permit. M. Provisions are made to control and reduce noise. Comment: The site shall not create excessive noise. The Applicant shall address noise levels from the car wash. n. No outside storage except as allowed in compliance with Section 401.30.E.5 of this Ordinance. Comment: Only ice and propane sales in locked enclosures shall be allowed for outside sales. o. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.30.E.6 of this Ordinance. Comment: Motor fuel stations in Oak Park Heights have been granted approval for only ice and propane sales in locked enclosures. p. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, rinds that the general welfare and public betterment can be served as well or better by modifying the conditions. Comment: The Planning Commission and City Council shall review. q. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. Comment: The Planning Commission should review the criteria to determine if there are any issues with this request. City Staff has no issues with this request as it relates to the criteria. r. The City may allow a motor fuel pump canopy to encroach ten (10) feet into a required setback provided the canopy support structure does not encroach on the setback and the setback encroachment will not result in an obstruction of traffic visibility. Comment: The two canopies comply with all setback criteria: 7 Page 172 of 290 Setbacks. The District requires a 40 foot front yard setback, 10 foot side yard setback120 foot adjacent to right of way and 20 foot rear yard setback for the buildings and canopies. The building meets and exceeds these requirements. The two canopy structures are also well within the building setback requirements. Subdivision. The Kwik Trip property is to be platted as Lot 1, Block 1 Oak Park Station Second Addition. It will be platted in conjunction with the Oak Park Heights Furniture Warehouse/Simonets. The proposed Lot 1, at 7.1 acres and with a lot width of 339 feet on Memorial Avenue North, and 369 feet on 58th Street North will be compliant with the minimum lot area of 15,000 square feet and a lot width of 100 feet specified for the B-3 District. The plat will be subject to review and approval of the City Attorney and City Engineer. The park dedication fees have been paid for this area. All vacation of easements and creation of new easements for the plat shall be subject to review and approval of the City Engineer and the City Attorney. Access/Traffic. The site will be accessed by a curb cut into Memorial Avenue North, one on 58th Street and a third on Minnesota Avenue North. The location of the access points is subject to review the City Engineer. The plan shall be subject to review by the Fire Marshal for emergency vehicle access. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. The City Engineer anticipates that Kwik Trips traffic generation will Impact the 58"' Street and Highway 15 intersection. A right tum lane onto Highway 15 may be required that Kwik Trip has agreed to pay for. A condition will be added related to this potential intersection improvement. Pedestrian/Trails. The 8-foot trail along 58th Street shall be extended westerly from Minnesota Avenue North and around the comer to continue on 58'" Street along the entire length of the Kwik Trip site. The trail will also continue on the Simonet site. A six foot walk along Minnesota Avenue North will be constructed and maintained by Kwik Trip. Parking. Section 401.15.F.9 of the Zoning Ordinance requires a motor fuel station to provide four off street parking spaces and the retail convenience store to provide one space per 200 square feet. The parking calculation for this site is as follows: 4 parking spaces 4 spaces 7,584 square feet x .9 = 6,8261200 = 34 spaces Total Requirement 38 spaces 8 Page 173 of 290 The site plan indicates that there are 23 parking stalls and 20 service points for the development. The Clty allows the service points to count as parking spaces. Of the stalls, two disability stalls are provided next to the main entrance. The layout as designed will meet the required number of parking stalls and disability accessible stalls. The parking area will be completely surrounded by curb and gutter. All of the parking areas are setback from the property lines at least 10 feet in compliance with the requirements. The setback areas will be landscaped. Trash Enclosure Location. A trash enclosure area is located adjacent to the building. The enclosure is to be constructed of a brick facing that will match what is used on the building and the gates will be wood. GradinglDrainage/Utilities. Grading, drainage and utility plans have been provided by the applicant. The City Engineer will provide a separate report on engineering issues. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Brown's Creek Watershed District. Lighting Plans. Fixtures. The lighting plan indicates that the panting lot lighting will be a full cut off LED light fixture mounted on a pole and base. The specifications indicate a height of the pole and base at 18 feet. The Zoning Ordinance specifies a total height of not more than 25 feet from ground level to the top of the pole or fixture. The pians indicate the use of a recessed LED downlight for the building. The fixtures will be required to be full cut off. The under canopy light fixtures are also included in.the plans. The fixtures will be completely installed within the canopy. No strip lighting of the building, canopy or freestanding sign shall be allowed. Kwik Trip has agreed to a raised red strip on the canopies with no lighting. Photometrics. The lighting plan is.in compliance with zoning requirements for lighting intensity. The light intensity is required to be less than one-foot candle at the centerline of adjacent streets and 0.4 foot candles at the property line. Hours. Outdoor lighting for parking lots shall be turned off one hour after closing, except for approved security lighting. Landscaping. The submitted plans indicate plantings around the building, surrounding and within the parking lot and drive aisles, and along the street frontages. The City Arborist has provided a report on the landscaping as attached to this report. The final landscape plan is subject to the review and approval of the City Arborist. 9 Page 174 of 290 Mechanical Screening. The applicants have provided plans that indicate the mechanical equipment being totally screened by the roof system. Signage. Freestanding Sign. The Zoning ordinance allows for one freestanding sign not exceeding 18 feet in height and 80 square feet in sign area. The plans indicate that the proposed freestanding sign will be 20 feet in height and the message portion of the sign is 98 square feet. The electronic message portion of the sign is 36 percent of the entire sign area, which is not compliant with the provision that limits the electronic message to 35 percent of the sign area. The base of the sign has been landscaped. A Conditional Use Permit will be required to vary from the sign height and size. Wall Signage. The Zoning Ordinance allows for a total of three wall signs, each on separate facades. The proposed sign plan for the building indicates one Kwik Trip wall sign and one car wash sign, each on separate facades. There are multiple signs on both canopy structures. The building wall and canopy signs consist of the following: Building Signs Size - Square Feet North Elevation—Kwik Trip 24 South Elevation— Car Wash 22 Canopy Signs - Gas South Elevation— Kwik Trip 24 East Elevation — Kwik Trip and Fuel Price 24135 North Elevation— Kwik Trip and Fuel Price 24135 Canopy Signs—Diesel North Elevation— Diesel Enter 1 Fuel Price 35117.5 South Elevation— Exit 12 Total 252.5 Pump Island Signage. The Ordinance allows each pump two square feet of signage on the pump. The Applicant shall clarify the amount of signage and what type of signage on the pumps. Total Allowable Signage. The total area of wall signage shall not exceed 200 square feet for the site. The total wall and canopy signage proposed for the site is 252.5 squarefeet. Staff would suggest that the number of signs on the gas canopy be limited to three signs instead of five. This would be consistent with the requirement for no more than three wall signs per structure. The' Planning Commission should discuss if this amount of signage is necessary for the site, especially in that they are placing wall signs 10 Page 175 of 290 on both the building and canopy. The Conditional Use Permit would allow for the number and amount of signage proposed. Sign illumination. The wall signs and the pylon sign are to be internally lit. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. Staff will approve the lighting specifications for the signs at the time of permitting. Conditional Use Permit. The Conditional Use Permit criteria, for consideration of the signage is found in Section 401.03.A.7 of the Zoning Ordinance. The review is found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. B The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The Planning Commission should consider the criterion above as it discusses the number of wall and canopy signs as well as the overall square footage of signage. Staff would suggest elimination of two of the gas canopy signs, which ones to be determined by the Applicant. Staff also questions the need for the pricing signs in that the freestanding size will clearly indicate that information. The request for the additional height and size of the freestanding sign is reasonable. Design Guidelines. Sustainable Guidelines. The Planning Commission will ask the applicant how the project has been designed to achieve at least a certain degree of sustainability. The applicant will need to discuss the methods in building construction and site design with the Planning Commission of how these issues have been addressed. Architectural Guidelines. Fa de Treatments The building will have a definite base, middle and top on the front and side facades. Ground Level Expression The building height maximum in the B-3 District is 35 feet. At its highest point, the building will be 21 feet, 11 inches. This is a one story building with a hip roof. The main entrance is defined by a gabled roof and brick detailing. 11 Page 176 of 290 _Tran_saarency The building lases glass on all of the facades. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The front fagade facing 58th Street North will be 35 percent transparent. Entries The building features the main entry on the north facade. The entry is highlighted by a-gable roof and brick detailing. Roof Design The roofline features a metal hip roof. All of the mechanical equipment is screened by the roof. Building Colors The Design Guidelines indicate that building materials should accent, blend with, or complement the surroundings. Warm toned colors are encouraged. The building colors proposed will be compliant. Building Materials and Colors The applicant has provided elevations with the building materials identified and color elevations for review. The materials will include brick, stucco, glass and metal roofing. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is a franchise design but the use of materials and the architectural features of the building are not out of line with what is specified in the Design Guidelines. The Planning Commission should comment. Site Design Guidelines Building Placement The proposed building has entrances facing north, east, and west. The building fagades have adequate architectural interest. The building is well landscaped. Parking Areas The parking area is well landscaped with perimeter as well as plantings within the parking lot. Storm water Storm water will be addressed in the City Engineer's report. Pedestrian and Common Space Trails will be extended around the site on 58"' Street North and Memorial Avenue, as well as Minnesota Avenue North. 12 Page 177 of 290 Landsca in Building entrance plantings are required and have been provided near the main entrance to the building. Trees/Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. The Arborist has indicated that the plan is well designed with a good variety of plant materials. Utiikes/Service/Loading/Drive-Throuch/Storace Areas Addressed elsewhere in the planning report. Lighting Addressed elsewhere in the planning report. Sicnace Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes Addressed elsewhere in the planning report. A bike rack will need to be provided near the front entrance of the building. CONCLUSION I RECOMMENDATION Subject to the preceding review, City staff recommends approval of the following listed requests subject to the conditions that follow: • Text Amendment to Allow Motor Fuel Stations and Car Washes in the B-3 District • Conditional Use Permits for the Use, Signage and Exterior Storage • Preliminary and Final Plat • Design Guidelines/She Plan Review 1. The preliminary and final plat shall be subject to review and approval of the City Engineer and City Attorney. All vacation of easements and creation of new easements shall be subject to review and approval of the City Engineer and City Attorney. 2. The location of all access points from City streets shall be subject to the review of the City Engineer. 3. The site plan shall be subject to review and approval of the Fire Marshal. 13 Page 178 of 290 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Browns Creek Watershed District. 5. Kwik Trip's traffic generation is anticipated to impact the 58th street intersection with County Highway 15. Kwik Trip shall be responsible for the costs associated with the installation of a right-tum lane onto or from County Highway 15 including all elements, appurtenances and adjustments related thereto on City streets and/or as may be additionally required by Washington County on County Highway 15 to accommodate those right-tum lanes. All installations shall be at the direction and timing as determined by the City Engineer followed establish roadway and engineering standards and when the City Engineer deems it is reasonably warranted. 6. An 8-foot trail along 58'" Street snail be extended westerly from Minnesota Avenue North and around the corner to continue on 58th Street along the entire length of the Kwik Trip site. The trail shall be installed and paid for by Kwik Trip. A six foot walk along Minnesota Avenue North will be constructed and maintained by Kwik Trip. 7. The Applicant shall provide additional information to the City regarding noise'levels from the car wash, subject to approval of the City. 8. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 9. The canopy light fixtures shall be full cut off and installed within the canopy structure. 10. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 11. No strip lighting of the building, canopy or freestanding sign shall be allowed. 12. The landscape plans are subject to review and approval of the City Arborist. 13. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 14. All signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. 14 Page 179 of 290 15. The Applicant shall clarify the amount of signage and type of signage on the gas pumps. 16. The Planning Commission should discuss the amount of wall and canopy signage that will be allowed for the site. 17. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 18. Only ice and propane sales in locked enclosures shall be allowed for outdoor sales. 19. The Planning Commission shall discuss the ground level expression, fagade transparency, building materials and general building design and determine compatibility with the Design Standards. 20. The Planning Commission should comment whether the franchise design of the building is in keeping with the Design Guidelines. 21. A bike rack shall be provided near the front entrance of the building. 22. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. Pc: Julie Hultman 15 Page 180 of 290 i M Eric Johnson City of Oak Park Heights ���IT P.O. Box 2007 Oak Paris Heights, MN 55082 Letter of Intent May 10, 2016 Mr, Johsnon This letter is intended to accompany our submittal for our application to the City of Oak Park Heights for the requested Zoning District Amendment(Text Amendment), Conditional Use Permit, and Site Plan Review. The text amendment is to allow a convenience store with fuel use in the B-3 zoning district. Kwik Trip is requesting to be placed on the June 91 Planning Commission meeting. Company Background Kwik Trip is a Wisconsin based company that prides itself on providing the convenience of everyday grocery needs at competitive prices. Fresh meat, fruit, potatoes, banana, onions, milk, bread, eggs, butter, and ice cream are stocked in the stores daily. Kwik Trip operates its own dairy, bakery and commissary where milk, ice cream, breads, pizzas, sandwiches and soups are produced daily and shipped to the stores. Project Information Kwik Trip is proposing the construction of new convenience store with an attached double bay carwash, 20 space vehicle fueling canopy and 2 lane diesel canopy. The new store is proposed to be predominately brick with stucco accents. Colored building elevations of the store and canopies are included in the submittal. Kwik Trip is looking to invest long term in the community of Oak Park Heights by developing this site to better serve our growing customer base. The project is estimated to cost $3,000,000 including the associated equipment and will employ between 20-30 full and part time employees. Signage plans have been included in the submittal. Signage requests include a LED lit stripe on the fueling canopies along with a LED back lit Kwik Trip logo on the gas canoFpaVipleoa free standing pylon sign sr Exterior merchandising is being requested along the store front and at the canopy island ends. Along the front sidewalk of the store, Kwik Trip is requesting a space for a video rental kiosk and an enclosed cage for propane sale and exchange. Under the gas canopy, space for water softener salt is requested. Although not available for sale, 2 ice merchandisers are located along the delivery side of the building for additional ice storage. All ice sales occur inside the store, but additional storage is needed, especially during peak summer times. Requested hours of operation will be 24 hours a day, seven days a week. We appreciate your time and consideration. Please call me at 608-793-6461 if you have any questions or need additional copies submitted. Sincerely, Leah Berlin Kwik Trip, Inc-Store Engineering DevelopmenttProject Manager 608-793-1647 IberilnOkwiktrip.corn Our Mission:To serve our customers and community more effectively than anyone else by treating our customers, /9l/R co-workers and suppliers as we,personally,would like to be treated,and to make a difference in someone's life.' 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J A tet, I FrsA JFFF :r i}d} fAA.: �sA�FfJll}ffr!3ATFF}}}}pTf}}A} FiA_ A: TT f?':d y'T7r'F 7'T F•F!r A f A r A . a:A A J r F}}F A d}}J}r T A hl}}A J F l Page 198 of 290 FUSION Series r Don't let your reputation depend upon yesterday's LED technology. Principal LED's(P-LED)Fusion Series is designed to have the 13, best possible heat dissipation by utilizing P-LED's proprietary Chip on Board(COB)technology.It also has specialized optics for even illumination in any sign type through a proprietary die encapsulated optic. HIGHLIGHTS Zero light loss after 6,000 hours of 3rd party testing Patented COB technologyfor maximum lifetime ■ Quick Release Tab reduces labor time ■ Optics Serres for shallow or return mount applications x � ■ Conformally coated to enhance water resistance(IP66) ■ Available in 2,3,or 4 modules per foot(150-320 LM/fL) b6ciar,Of Outside ■ Available in custom CRs of white and all colors a S�ori Fab E- Solder-free connections stautland,Md SPECIFICATIONS Dimensions 0.65"W x 1.5%x 0.25'H 0.4"W x 2"L x 0.15"H(RGB) Beam Angle 170°Medium Dome Compressed Lambertian Operating Temp. -40 to+60"C Intensity(White) 80 LM/module r 3V Efficacy(White) 107 LM/W(system) Power Supply P-LED 12V DC Fastening Peel&Stick/Mechanical Screw-hole Protection Grade IP66 Medium Dame Packaging 25 ft.per bag or 100 ft.per box Comprewed Lumbertian Optic Warranty 5 Year(Product)/5 Year(Ltd Labor) oils �� LM79 LMBQ mWy SP 5L 10 www_p-led.com • 1 25`227-4577 • sales®p-led.com Page 199 of 290 1r MAXIMUM COVERAGE CHART 3' 4-5" 3" FS3/FS4 4' 5-w 4-5' FS2/1`53 5' 6" 5" F52/FS3 6' 8' 6-7' F52/FS3/FS4 8" 12" 0-12" FS3/F54 `Product and depth may vary depending on face material and desired brightness PRODUCT COLORS Fusion Fusion Fusion Fusion Fusion Fusion Part Number Part Number 2 3 2 3 2 3 Red 625nm 28 42 1.2 1.8 50' 33' PL-FS2-11131-1) PL-FS3-RDI-13 Ruby Red 633 28 42 1.2 1.8 50' 33' PL-FS2-11131-P PL-FS3-11111-P Amber 592 25 37 1.2 1.8 50' 33' PL-FS2-AM1-P PL-FS3-AMI-P Orange 609 25 37 1.2 1.8 50' 33' PL-FS2-0111-1? PL-FS3-OR1-P Blue 460 8 12 84 1.26 70' 46' PL-FS2-BLI-P PL-FS3-BL1-P Green 525 30 45 .84 1.26 70' 46' PL-F52-01-12 PL-FS3-01-1) RGB RGB N/A NIA 1.5 N/A 40' N/A PL-FS2-RGl-N N/A Sign White 6500K 160 240 1.5 2.25 40' 26' PL-FS2-WH1-P PL-FS3-WH1-P Med.White 4300K 160 240 1.5 2.25 40' 26' PL-FS2-MW1-P PL-FS3-MW1-13 Warm White 3500K 150 225 1.5 2.25 40' 26' PL-FS2-WW1-P PL FS3-WW1-P 'Sign White Fusion 1 has two bin codes C66andC6Y.Thecode will warybased on geogmphlclacadon. FUSION 4 L A6 Sign White 6500K* 320 3 20' PL-FS4-WH1-P *Custom CCrs available from(3000—720M FusionThe . . most r , r www.p4ed.com * 1-325.227-4677 •salesft-led.com 1I tl Page 200 of 290 GE Lighting Solutions Technical Data Sheet Tetra® PowerStrip LED Lighting System Replaces fluorescent tubes in single and double-sided box signs Crya imagination at work Page 201 of 290 Tetra® PowerStrip Energy efficient replacement for fluorescent tubes Tetra PowerStrip and Tetra PowerStrip DS from LED Benefits Drive Sales GE Lighting Solutions are the innovative LED systems that replace fluorescent tubes in box signs resulting Tetra PowerStrip has the potential to increase in reduced energy costs,improved uniformity and sales by offering valued benefits for end-user lower maintenance expenses. driven projects.This LED system is a cost effective Tetra PowerStrip is our 12 Volt LED system for investment for sign owners who are conscious single-sided box signs,and Tetra PowerStrip DS is about their energy and maintenance costs,brand our 24 Volt LED system for double-sided box signs. image and environmental impact. Box Signs have never been Tetra PowerStrip drastically slashes energy costs by offering up to 79%energy savings over T12HO easier to install fluorescent while providing better light consistency across the sign face.This lighting system delivers Tetra PowerStrip is a low-voltage lighting system uniform light up to 4 times longer than fluorescent. that does not require the construction of sockets This long life drastically reduces maintenance costs for mounting.The easy-to-handle system eliminates while protecting brand image,and it's all backed up the handling of fragile glass tubes and can be cut with a 5 year limited warranty.The RoHS compliant between modules for easy installation in new or system contains no lead, mercury or glass making retrofit signs of any size. handling and disposal less of a concern. Tetra PowerStrila •Single-sided LED system ■12 Volt System •Pre-drilled holes and industrial grade mounting tape for easy install Continuous wire through LED Patent-pending OptiLens' module uses IDC connectors maximizes the area of light r: for maximum strain relief coverage by creating a wide, 3M VHBT"'industrial grade uniform viewing angle mounting tape allows Pre-drilled holes for greater convenience make mounting easy when installing Can be cut between modules Low-voltage(12V)system makes wiring and M installation easy avermolded design protects against moisture. dust and damage Page 202 of 290 GE Reliability The OptiLens- Difference Only GE Lighting Solutions has the depth of Tetra PowerStrip features OptiLene",an innovative experience that comes from supplying over 20 technology that maximizes LED performance.This million feet of Tetra LED lighting systems across patent-pending optical lens helps spread light exactly the globe. Every Tetra product is backed with a where it's needed most,resulting in bright,uniform reputation for reliability that is unsurpassed in the light distribution across the entire sign face. industry.We perform stringent testing of the entire Tetra PowerStrip with OptiLens provides over 20% system-utilizing GE Six Sigma standards-rather than greater surface area coverage than just LEDs alone. just pass on supplier reported performance claims. The superior brightness and uniformity that this LED system provides enhances and protects brand image through better looking signs. Tetra PowerStrip Tetra PowerStrip Without OptiLens with OptiLens a Tetra' PowerStrip DJI •Double-sided LED system •24 Volt System •Can be custom cut to length Can be cut on wire between any module Continuous wire through LED module uses IDC connectors for maximum Overmolded design strain relief Patent-pending Opt!Lens' protects against moisture, maximizes the area of light dust and damage coverage by creating'a wide, viewing angle Mounting to rail is simple with 1 Installation is easy with rail system pre-drilled mounting holes and low-voltage 124M Wring Page 203 of 290 Components SKU Description Package Quantity GEWHSSP3-65K Tetra PawerStrip 6500K 48 modules GEWWSSP3-43K Tetra PowerStrip 4100K 48 modules GEWHDSP6-65K Tetra PowerStrip DS 6500K 32 modules GEW WDSP6-41K Tetra PowerStrip DS 4100K 32 modules GEPS12.20 Pourer 5uppllr 112 VDC/20 VA,Input Voltage:90.264 VAC 10/PK _ GEPS12-60 PowerSupplrs(12 VDC/60 VA,Input Voltage:90.264 VAC 10/PK GEPS12-60U Power Supply 112 VDC/60 WL Input Voltage:1DO-305 VAC 10/PK GEPSI2W-60 Power Supply(12 VDCI60W1,Input Voltage:90-264 VAC 10/PK GEPS24-20 Powersupprg(24 VDC/20 W),Input Voltage.90-264 VAC 101PK GEPS24-SD Power Supply 124 VDC180 W),input Voltoge:108-264 VAC 10/PK GEPS24-1000_ Power Supply 124 VDC1300 WI,Input Voltage:108-305 VAC 10/PK GEP524W-80 Power SUDRIU 124 V200WI.Input Voltage:90-264 VAC 30/PK GEPS24-18OU Power Supply 124 VDC/180 WL Input Voltage:90-305 VAC 8/PK 9409 18 AWG Supply Wire(0.82 mmol 500 Uspool 1152A m1 191600041 22-14 AWG Twist-On Wre Connectors(0.33-2.08 mm'1 S00/PK 192160004 18-14 AWG In-line Connectors iIDC)(0.82-2.08 mm'i 5001PK GETMECI 18 AWG Wire End Cops(0.82 mm'7 _ _ 100/PK _ GEDSRL08 Tetra PowerStrl Rail(961n./2.44 ml 8 Rails/PK GEOSL81 Tetra PowerStrip Rail Assembly Bracket 201PK Technical Specifications Specification item Tetra PotelerStrip Tetra Powerstrip DS Color Temperatures 6500K,41WX 6500K,4100K Typical Brightness flurnenslmodulel 6500K:249 Im/module 65WK 496 Im/module 410OK:201 Im/module 4100K 402 Im/module Viewing Angle 1351 horizontal viewing angle;14(r vertical viewing angle 135°hodzontol viewing angle;140°vertical viewing angle Length of Wire Between Modules 4 in,1102 mml 8 in,1203 mml Cutting Resolution Cut on Wre between every module Cut an wire between every module Paver Supplies GEPS12-20 Input-90-264 VAC,Output 12 VDC120 W GEPS24-20 Input:90.264 UAL,Output 24 VDC/20 W GEP512-60 Input-90-265 VAC.Output:12 VDC/60 W GEPS24-80 Input 108-264 VAC,Output 24 VDC180 W GEPS12-WU Input 108-305 VAC,Output 12 VD"J60 W GEPS24-IODU Input 108305 VAC,Output 24 VDC/100 W GEPSI2W-601nput 90-264 VAC,Output 12 VDC/6D W GEPS24W-80 Input 90-264 VAC,Output 24 VDC/80 W GEPS24-18OU Input 90-305 VAC,output 24 VDC18D W Maximum Loading per Power Supply GEPS12-20:5 modules GEPS24-20:3 modules GEPS12-60:16 modules GEPS24-00:12 modules GEPS12-50U:16 modules GEPS24-1000:16 modules GEN12W-M 16 modules GEPS24W-80:12 modules GEPS24-180U:14 modules per bank:28 modules per supply Maximum supply Wire Limits Supply VVIre Gauge Maximum Distance Supply Wire Gauge Maximum Distance 18 AWG 10.82 mml(94091 20 ft.16.10 m) 18 AWG(0.82 mm2)(94091 20 ft.(6.10 m) 16 AWG(1.31 mml 25 ft.17-62 m) 16 AWG 11.31 mm°I 25 ft.(7.62 ml 14 AVUG 12.08 marl 35 ft.110.67 m) 14 AWG(2.08 mWl 3S ft.(10.67 mi 12 AWG(331 mm'I 40 ft.112.19 m) 12 AWG(3.31 mm'1 40 ft.(12.19 ml 10 AWG(5.27 mmil 75 ft.12486 m) 10 AWG(5.27 mm'1 75 ft.(22-86 m) 8 AWG(835 mrW) 100 ft.130.48 m) 8 AWG 18.35 mm) 100 ft.13OA8 ml Wm9mberrtsk6dma=dwePAhA+rcb725of9vWaridae kcoale&EL1 Sign Dimensions For best results,recommended sign depth is For best results,recommended total sign depth is 5 inches(127mm)or greater. 10 inches 1254mmi or greater. Energy Consumption Strip:3.13 W/module,System:3.S8 W/module Strip:6.24 W/module,System:7.14 W/module Operating Environment -40°C to+60'C -417C to+60°C System Certifications UL Recognized#E219167,UL Classified#(:229508,CSA Approved 4216319,CE,C-tick,RaHS, IP66 rated:separate enclosure required,damp location rated 1:'mu p. & C( 10 WM GE Lighting Solutions + 1-888-MY-GE-LED a wwwgelightingsolutions.com / 1-888-69-43-533 � GEligWgSaluuans.LLC isosuf 3btyddieGe erdEL-McCm-panLtTetroisaLodrmatafGEL4WrigSoli ions,LLC."4m GEbrandadlogo are tradpnarksoitheGeerelBeaskCoTpmy. 02011GEjr-log SdwcniLLC lHor-aiv.pvAdediswblectftngetuthautrmtice AtlYates are desoortfikalvaunWenmeosaed.irdertaziorataNmidtiim SI00074-K22810 Page 204 of 290 ,.770tld o 3NI $1031lH9atl -Quj'Cw.L mm lit . .. . . . .... . .. i 3 - -- , ' - - - a ■ , r Page 20Jof290 .m,Mows .rerwawor YY4' �]t7 A J.. 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L Mff °' " 2335 Highway 36 West St.Paul MN 55113 -4600 Sta me c Fax:Tel:(651)636(651)636-1311 June 2,2oi6 Mr.Eric Johnson,Administrator City of Oak Park Heights 14168 Oak Park Blvd.N.,P.O.Box 2007 Oak Park Heights,MN 55082-2007 Reference: Kwik Trip—Plan and Drainage Design Review Dear Eric, We have reviewed the plans and drainage calculations regarding the proposed Kwik Trip.Further comments may be forthcoming with subsequent submittals. Following are our comments and recommendations: Stormwater Management 1. The project is subject to review by the Brown's Creek Watershed District.The City shall be provided a copy of the permit approval letter from the BCWD prior to construction. 2. Rate control and water quality requirements are addressed by the existing regional pond to the south of the site(Pond H36-9P). 3. For projects creating greater than 1 acre of new impervious area,the NPDES Construction Stormwater Permit requires a water quality volume of i"over the new impervious area. Based on the submitted information,the project creates 1.89 acres of new impervious area and will be subject to the NPDES requirements.It is acceptable to use the regional pond to meet NPDES permit requirements. 4. The submitted HydroCAD modeling will be acceptable pending updates/responses on the comments below: • The 96 LF 12"HDPE @ 1%originating from the trench drains is not included in the HydroCAD model. • Routing:Sub-catchment 8(8S)is modeled with flows offsite. What portion of 8S drains to the trench drains(above)and what portion drains from Pond 8P to Pond 6P? • Routing:How does the rooftop drainage from Sub-catchment,5(5S)reach Pond 6P? 5. Emergency Overflows(EOF)locations and elevations should be added to the plan sheets(Ponds 2P,4P,6P,and 8P). Design with community in mind Page 244 of 290 (3 Mr.Eric Johnson Page 2 of 4 Reference:Kwik Trip—Plan and Drainage Design Review Site Plan i. The trail along Memorial Avenue North needs to have no less than 5-feet of separation from the roadway pavement for snow storage.The trail will need to line up with the trail section along the Furniture Warehouse project to the south west. The walk along Minnesota Avenue should be 6-feet wide to match the walk across the street along the Bank property,and this walk will be maintained by the property owner. 2. Refer to the Fire Department review of fire lanes and circulation. 3. Match existing curb and gutter at driveway access at Minnesota Avenue North. 4. Additional vehicles will be added during the peak hours to the intersection at 58th Street and Stillwater Boulevard due to Kwik Trip. The numbers are of a magnitude that further study may be warranted to determine the effects and the need for potential modifications to the intersection. It is likely that Washington County will also have an interest in this issue. Grading,Drainage,Erosion Control i. The grading design along the south west property line adjacent to the Furniture Warehouse will need to be revised. The drainage from Kwik Trip should stay on the Kwik Trip property until it discharges to drainage ways in the right-of-way. 2. The grades for the access to Minnesota Avenue North need to be coordinated with the plan for the cul-de-sac being designed and constructed by Pizza Ranch. 3. The stormwater facilities proposed for the site,including facilities that encroach into the drainage and utility easements and the City right-of-way,shall be considered private and shall be owned and maintained by the Owner. 4. Show interim erosion control measures for exposed areas if permanent measures are not placed immediately following grading. 5. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. Design with community in mind Page 245 of 290 (3 Mr.Eric Johnson Page 3 of 4 Reference:Kwik Trip—Plan and Drainage Design Review Utility Plan i. Connections to the City's sewer and water systems shall be per the City's standards and detail plates. The City or its designee shall be present for water and sanitary sewer service connections to the City's systems. 2. The City will allow the new service connection wye for the sanitary sewer service per City Standard Detail Plate SER-6. Details i. Provide a Trail Section detail,show a minimum 5400t separation from the roadways for snow storage and a 240ot zone at the same grade as the trail,between the trail and the ditches. 2. Revise the quantities table for Rip Rap Detail for Flared End Sections to be consistent with the City's Standard Detail STO-13. The City's detail plates can be provided upon request. 3. Provide a detail for the rip-rap at the curb cuts. 4. Provide a detail for the 6-inch gate valve installation. 5. Revise the Precast Reinforced Concrete Manhole detail to conform with City Standard Detail Plate STO-2. General Comments i. The City reserves the right to inspect the construction of the project. The City or its designee shall be present for water and sanitary sewer service connections to the City's systems. 2. The Owner will need to comply with all requirements of the NPDES Construction Stormwater Permit and the Brown's Creek Watershed District. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. 3. Parking,lighting,landscaping and building to be reviewed by others. 4. The Owner shall be responsible for obtaining all required permits. Design with community In mind Page 246 of 290 5 Mr.Eric Johnson Page 4 of 4 Reference:Kwik Trip—Plan and Drainage Design Review 5. Utility construction and improvements in the right-of-way need to conform to the City's Standard Detail Plates. The City's details can be provided upon request. If you have any questions or require further information,please do not hesitate to contact me. Regards, STANTEC CONSULTING SERVICES INC. 4--)n ?nA44,-'`� Lee M.Mann,P.E. City Engineer Phone:65i-604-4850 lee.mann@stantec.com cc: Andy Kegley,Public Works Director Julie Hultman,Building Official Scott Richards,City Planner Mark Vierling,City Attorney Lisa Danielson,City Arborist Design with community in mind Page 247 of 290 City of Oak Park Heights EXXHlBIT 3 R 14168 Oak Park Blvd Re Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Eric Johnson, City Administrator Cc: Scott Richards,City Planner,Julie Hultman, Building Oficial From Lisa Danielson,Arborist Dates 05/27/2016 Rae Kwik Trip Landscape Plan Review I have reviewed the landscape plans submitted by Kwik Trip, Inc. dated Monday, May 9"' 2016. The following includes my comments and/or recommendations: Landscape Plan (Sheet 1-1) The plan includes a satisfactory selection of shade trees, evergreen trees, omamental trees, shrubs, perennials and grasses. The design is acceptable and will complement the site well. Most plants included are of acceptable size and variety. All ornamental trees however, must be a minimum of 6-7 feet tall (potted) or 1.5 inches in diameter (B&B) to meet minimum City size requirements for ornamental trees, this must be changed in the final submitted plans. Most plants chosen are hardy under local growing conditions, tolerant or resistant to major insect and disease problems and fairly low maintenance. The crabapple trees submitted in the plans have a fair tolerance to apple scab. I would recommend substituting a crabapple variety with an excellent tolerance to apple scab such as Malus 'Prairifire' crabapple and/or Malus'Royal Raindrops'. Landscape Notes&Details (Sheet L1) The landscaping notes and planting details included is acceptable. The landscape contractor is required to plant trees and shrubs according to the final approved planting detail submitted with the final approved landscape plan. This will be chocked after planting and any deviations from the plan will need to be corrected before the landscaping will be approved by the City, this needs to be noted in the final plans. The (A.N.S.I.)American Standards for Nursery Stock Z60 should also be followed and noted in the landscaping notes. TREE CITY U.S.A. Page 248 of 290 Please contact me if you have any questions regarding this landscape plan review. Please forward my comments to the development team for this project. 2 TREE CITY U.S.A. 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CL 03 d iM l� II fl 0 r I tow � ,. w a ro n m Page 250 of 290 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY KWIK TRIP INC, TO DEVELOP A KWIP TRIP MOTOR FUEL STATION AT THE INTERSECTION OF 58TH STREET NORTH AND MEMORIAL AVENUE TO INCLUDE A REQUEST FOR A B-3 DISTRICT AMENDMENT TO ALLOW MOTOR FUEL STATIONS AND CAR WASHES, CONDITIONAL USE PERMIT FOR THE MOTOR FUEL STATION AND CAR WASH USE, CONDITIONAL USE PERMITS FOR SIGNAGE AND EXTERIOR STORAGE, PRELIMINARY AND FINAL PLAT,AND DESIGN GUIDELINES/SITE PLAN REVIEW SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Kwik Trip Inc. to develop a Kwik Trip motor fuel station at the intersection of 58`h Street North and Memorial Avenue to include a request for a B-3 District Amendment to allow motor fuel stations and car washes, Conditional Use Permit for the motor fuel station and car wash use, Conditional Use Permits for signage and exterior storage, Preliminary and Final Plat, and Design Guidelines/Site Plan review and after having conducted a public hearing relative thereto, the Planning Commission of the City 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: SEE ATTACHMENT and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3, Highway Business and Warehouse District which does not allow for motor fuel stations and car washes; and 4. The Applicant has requested a Zoning Ordinance amendment to allow motor fuel stations and car washes as a Conditional Use Permit in Sections 401.300.E.17 and 401.300.E.18 of the B-3 District; and Page 251 of 290 5. City Staff, after reviewing the Zoning Ordinance amendment request,would support the change to allow motor fuel stations and car washes as a Conditional Use Permit in the B-3 District; and 6. The property is to be platted as Lot 1, Block 1, Oak Park Station Second Addition, requiring review and approval of a Preliminary and Final Plat; and 7. A Conditional Use Permit shall be required to allow the motor fuel station and car wash at the subject site; and 8. A Conditional Use Permit shall be required to allow for a freestanding sign that exceeds the requirements of a maximum 18 feet in height and 80 square feet in sign area. The Applicant has proposed a freestanding sign will be 20 feet in height and 98 square feet of sign area. A Conditional Use Permit is required to vary from sign height and size; and 9. A Conditional Use Permit shall be required to allow more than three wall signs and a maximum of 200 square feet of wall signage. The Applicant is proposing two signs on the building and eight signs on the two canopies for a total of 252.5 square feet of sign area. The applicant has agreed to eliminate two canopy signs for a total of 204.5 square feet of sign area. A Conditional Use Permit is required to vary from number and overall square footage of signs; and 10. A Conditional Use Permit shall be required to allow outdoor storage. Only ice and propane sales in locked enclosures shall be allowed for outdoor storage; and 11. Design Guideline/Site Plan approval is required for a new building and site improvements; and 12. City staff prepared a planning report dated June 2, 2016 reviewing the request; and 13. Said report recommended approval of the request for a B-3 District Amendment to allow motor fuel stations and car washes, Conditional Use Permit for the motor fuel station and car wash use, Conditional Use Permits for signage and exterior storage, Preliminary and Final Plat, and Design Guidelines/Site Plan review, subject to the fulfillment of conditions; and 14. The Planning Commission held a public hearing at their June 9, 2016 meeting, took continents from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted from Kwik Trip lnc. to develop a Kwik Trip motor fuel station at the intersection of 58h Street North and Memorial Avenue to include a request for a B-3 District Amendment to allow motor fuel stations and car washes, Conditional Use Permit for the motor fuel station and car wash use, Conditional Use Permits for signage and exterior storage, 2 Page 252 of 290 Preliminary and Final plat, and Design Guidelines/Site Plan review affecting the real property as follows: SEE ATTACHMENT A The Planning Commission recommends to the City Council of the City of Oak Park Heights approval of the sign Conditional Use Permit subject to the following findings of fact: 1. The Conditional Use Permit criteria in Section 401.03.A.7 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission that the additional height, sign face size,number and square footage of signage is justified. 2. The Applicant had previously proposed ten building and canopy signs for the site which is significantly more than the three allowed by the Sign Ordinance. With the proposal for eight wall signs, the overall amount of signage will be reduced on site to a total 204.5 square feet. 3. The additional sign height to 20 feet and 98 square feet of sign area will ensure visibility and identification of the business from Highway 36 and Osgood Avenue. Be and the same is hereby recommended by the Planning Commission of the City of Oak Park Heights subject to the conditions as follows: • B-3 District Amendment to allow motor fuel stations and car washes. • Conditional Use Permit for the motor fuel station and car wash use. • Conditional Use Permit for additional sign height, sign face size,number, and square footage of signage. • Conditional Use Permit for exterior storage limited to ice and propane. • Preliminary and Final Plat approval. Design Guidelines/Site Plan review. 1. The preliminary and final plat shall be subject to review and approval of the City Engineer and City Attorney. All vacation of easements and creation of new easements shall be subject to review and approval of the City Engineer and City Attorney. 2. The location of all access points from City streets shall be subject to the review of the City Engineer. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Browns Creek Watershed District. 3 Page 253 of 290 5. Kwik Trip's traffic generation is anticipated to impact the 58th street intersection with County Highway 15. Kwik Trip shall be responsible for the costs associated with the installation of a right-twin lane onto or from County Highway 15 including all elements, appurtenances and adjustments related thereto on City streets and/or as may be additionally required by Washington County on County Highway 15 to accommodate those right-turn lanes. All installations shall be at the direction and timing as determined by the City Engineer followed establish roadway and engineering standards and when the City Engineer deems it is reasonably warranted. 6. An 8-foot trail along 58b Street shall be extended westerly from Minnesota Avenue North and around the corner to continue on 58`h Street along the entire length of the Kwik Trip site. The trail shall be installed and paid for by Kwik Trip. A six foot walk along Minnesota Avenue North will be constructed and maintained by Kwik Trip. 7. The Applicant shall provide additional information to the City regarding noise levels from the car wash, subject to approval of the City. 8. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 9. The canopy light fixtures shall be full cut off and installed within the canopy structure. 10. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 11. No strip lighting of the building, canopy or freestanding sign shall be allowed. 12. The landscape plans are subject to review and approval of the City Arborist. 13. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 14. All signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. 15. The Applicant shall clarify the amount of signage and type of signage on the gas pumps. 16. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 17. Only ice and propane sales in locked enclosures shall be allowed for outdoor sales. 4 Page 254 of 290 18. The Planning Commission was favorable of the plans for building ground level expression, fagade transparency,building materials and general building design and determined compatibility with the Design Guidelines. 20. The Planning Commission agreed that the franchise design of the building is in keeping with the Design Guidelines. 21. A bike rack shall be provided near the front entrance of the building. 22. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. Recommended by the Planning Commission of the City of Oak Park Heights this 9th day of June, 2016. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 5 Page 255 of 290 ATTACHMENT A B-3 District Text Amendment (Allowing Motor Fuel Stations & Car Washes) Conditional Use Permit(Motor Fuel Station & Car Wash Use), Conditional Use Permit (Signage & Exterior Storage), Preliminary & Final Plat, Design Guidelines/Site Plan Review Kwik Trip Store#111 Washington County GEO Code: 04.029.20.13.xxxx Legal Description: Lot 1, Block 1, Oak Park Station Second Addition Physical Address: 58th St. N. &Minnesota Ave. N. Page 256 of 290 ATTACHMENT B B-3 District Text Amendment (Allowing Motor Fuel Stations & Car Washes) Conditional Use Permit(Motor Fuel Station & Car Wash Use), Conditional Use Permit(Signage& Exterior Storage), Preliminary & Final Plat, Design Guidelines/Site Plan Review Kwik Trip Store#111 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) Meeting With City Staff Upon Application Submittal: May 25, 2016 Planning Commission Review & Recommendation: June 9, 2016 Conditional Use Permit -Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) Page 257 of 290 RESOLUTION NO. 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 KWIK TRIP INC. TO DEVELOP A KWIP TRIP MOTOR FUEL STATION AT THE INTERSECTION OF 58TH STREET NORTH AND MEMORIAL AVENUE TO INCLUDE A REQUEST FOR A B-3 DISTRICT AMENDMENT TO ALLOW MOTOR FUEL STATIONS AND CAR WASHES, CONDITIONAL USE PERMIT FOR THE MOTOR FUEL STATION AND CAR WASH USE, CONDITIONAL USE PERMITS FOR SIGNAGE AND EXTERIOR STORAGE, PRELIMINARY AND FINAL PLAT, AND DESIGN GUIDELINESISITE PLAN REVIEW BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Kwik Trip Inc. to develop a Kwik Trip motor fuel station at the intersection of 58tb Street North and Memorial Avenue to include a request for a B-3 District Amendment to allow motor fuel stations and car washes, Conditional Use Permit for the motor fuel station and car wash use, Conditional Use Permits for signage and exterior storage, Preliminary and Final Plat, and Design Guidelines/Site Plan review and after having conducted a public hearing relative thereto, the Planning Commission of the City of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3, Highway Business and Warehouse District which does not allow for motor fuel stations and car washes; and 4. The Applicant has requested a Zoning Ordinance Amendment to allow motor fuel stations and car washes as a Conditional Use Permit in Sections 401.300.E.17 and 401.300.E.18 of the B-3 District; and Page 258 of 290 5. City Staff, after reviewing the Zoning Ordinance amendment request, would support the change to allow motor fuel stations and car washes as a Conditional Use Permit in the B-3 District; and 6. The property is to be platted as Lot 1, Block 1, Oak Park Station Second Addition, requiring review and approval of a Preliminary and Final Plat; and 7. A Conditional Use Permit shall be required to allow the motor fuel station and car wash at the subject site; and 8. A Conditional Use Permit shall be required to allow for a freestanding sign that exceeds the requirements of a maximum 18 feet in height and 80 square feet in sign area. The Applicant has proposed a freestanding sign will be 20 feet in height and 98 square feet of sign area. A Conditional Use Permit is required to vary from sign height and size; and 9. A Conditional Use Permit shall be required to allow more than three wall signs and a maximum of 200 square feet of wall signage. The Applicant is proposing two signs on the building and eight signs on the two canopies for a total of 252.5 square feet of sign area. The applicant has agreed to eliminate two canopy signs for a total of 204.5 square feet of sign area. A Conditional Use Permit is required to vary from number and overall square footage of signs; and 10. A Conditional Use Permit shall be required to allow outdoor storage. Only ice and propane sales in locked enclosures shall be allowed for outdoor storage; and 11. Design Guideline/Site Plan approval is required for a new building and site improvements; and 12. City staff prepared a planning report dated June 2, 2016 reviewing the request; and 13. Said report recommended approval of the request for a B-3 District Amendment to allow motor fuel stations and car washes, Conditional Use Permit for the motor fuel station and car wash use, Conditional Use Permits for signage and exterior storage, Preliminary and Final Plat, and Design Guidelines/Site Plan review, subject to the fulfillment of conditions; and 14. The Planning Commission held a public hearing at their June 9, 2016 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from Kwik Trip Inc. to develop a Kwik'Trip motor fuel station at the intersection of 58th Street North and Memorial Avenue to include a request for a B-3 District Amendment to allow motor fuel stations and car washes, Conditional Use Permit for the 2 Page 259 of 290 motor fuel station and car wash use, Conditional Use Permits for signage and exterior storage, Preliminary and Final Plat, and Design Guidelines/Site Plan review affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approves the sign Conditional Use Permit subject to the following findings of fact: 1. The Conditional Use Permit criteria in Section 401.03.A.7 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission that the additional height, sign face size,number and square footage of signage is justified. 2. The Applicant had previously proposed ten building and canopy signs for the site which is significantly more than the three allowed by the Sign Ordinance. With the proposal for eight wall signs,the overall amount of signage will be reduced on site to a total 204.5 square feet. 3. The additional sign height to 20 feet and 98 square feet of sign area will ensure visibility and identification of the business from Highway 36 and Osgood Avenue. Be and the same is hereby approved by the City Council of the City of Oak Park Heights subject to the conditions as follows: • B-3 District Amendment to allow motor fuel stations and car washes. • Conditional Use Permit for the motor fuel station and car wash use. • Conditional Use Permit for additional sign height, sign face size, number, and square footage of signage. • Conditional Use Permit for exterior storage limited to ice and propane. • Preliminary and Final Plat approval. • Design Guidelines/Site Plan review. 1. The preliminary and final plat shall be subject to review and approval of the City Engineer and City Attorney. All vacation of easements and creation of new easements shall be subject to review and approval of the City Engineer and City Attorney. 2. The location of all access points from City streets shall be subject to the review of the City Engineer. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Browns Creek Watershed District. 3 Page 260 of 290 5. Kwik Trip's traffic generation is anticipated to impact the 58`" street intersection with County Highway 15. Kwik Trip shall be responsible for the costs associated with the installation of a right-turn lane onto or from County Highway 15 including all elements, appurtenances and adjustments related thereto on City streets and/or as may be additionally required by Washington County on County Highway 15 to accommodate those right-turn lanes. All installations shall be at the direction and timing as determined by the City Engineer followed establish roadway and engineering standards and when the City Engineer deems it is reasonably warranted 6. An 8-foot trail along 58' Street shall be extended westerly from Minnesota Avenue North and around the corner to continue on 58th Street along the entire length of the Kwik Trip site. The trail shall be installed and paid for by Kwik Trip. A six foot walk along Minnesota Avenue North will be constructed and maintained by Kwik Trip. 7. The Applicant shall provide additional information to the City regarding noise levels from the car wash, subject to approval of the City. 8. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 9. The canopy light fixtures shall be full cut off and installed within the canopy structure. 10. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 11. No strip lighting of the building, canopy or freestanding sign shall be allowed. 12. The landscape plans are subject to review and approval of the City Arborist. 13. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 14. All signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. 15. The Applicant shall clarify the amount of signage and type of signage on the gas pumps. 16. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 17. Only ice and propane sales in locked enclosures shall be allowed for outdoor sales. 4 Page 261 of 290 18. The Planning Commission recommends and the City Council approves the plans for building ground level expression, fagade transparency,building materials and general building design and determined compatibility with the Design Guidelines. 20. The Planning Commission and City Council agreed that the franchise design of the building is in keeping with the Design Guidelines. 21. A bike rack shall be provided near the front entrance of the building. 22. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 23. Applicant is requesting the City to build Minnesota Avenue North to its property and requesting special assessment financing. Applicant agrees to the determination of benefit as provided by the City Engineer and agrees to an assessment of the full benefit over a one-year term at 5%per annum. Applicant also waives notice of assessment under Minn. Stat. 429.061 and waives rights to appeal under Minn. Stat 429.081 Approved by the City Council of the City of Oak Park Heights this 27th day of June, 2016. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 5 Page 262 of 290 ATTACHMENT A 11 P-i 13-3 District Text Amendment (Allowing Motor Fuel Stations & Car Washes) Conditional Use Permit (Motor Fuel Station & Car Wash Use), Conditional Use Permit (Signage & Exterior Storage), Preliminary & Final Plat, Design Guidelines/Site Plan Review Kwik Trip Store#111 Washington County GEO Code: 04.029.20.13.xxxx Legal Description: Lot 1, Block 1, Oak Park Station Second Addition Physical Address: 58th St. N. & Minnesota Ave. N. Page 263 of 290 ATTACHMENT B B-3 District Text Amendment (Allowing Motor Fuel Stations & Car Washes) Conditional Use Permit (Motor Fuel Station & Car Wash Use), Conditional Use Permit(Signage & Exterior Storage), Preliminary & Final Plat, Design Guidelines/Site Plan Review Kwik Trip Store#111 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) Meeting With City Staff Upon Application Submittal: May 25, 2016 Planning Commission Review & Recommendation: June 9, 2016 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) Page 264 of 290 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2016- 401- AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO ALLOW MOTOR FUEL STATIONS AND CAR WASHES AS A CONDITIONAL USE WITHIN THE B-3 HIGHWAY BUSINESS AND WAREHOUSING DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.300.E.17 Conditional Uses, of the B-3 Highway Business and Warehousing District of the Oak Park Heights Zoning Ordinance is hereby added to read as follows: 401.300.E.17 17. Car washes (drive through, mechanical and self-service) provided that: a. The architectural appearance and functional plan of the building and site shall not be dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. C. At the boundaries of a residential district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. d. Parking or car magazining storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. Page 265 of 290 g. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 401.15.B.7 of this Ordinance. h. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. L All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. j. Provisions are made to control and reduce noise. k. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. SECTION 2. Section 401.300.E.18 Conditional Uses, of the B-3 Highway Business and Warehousing District of the Oak Park Heights Zoning Ordinance is hereby added to read as follows: 401.300.18 18. Motor fuel station, auto repair-minor and tire and battery stores and service, provided that: a. Regardless of whether the dispensing, sale of offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. Page 266 of 290 g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 401.15.6.7. of this Ordinance. h. Wherever fuel pumps are to be installed, pump islands shall be installed. L At the boundaries of a residential district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. j. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. I. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G. of this Ordinance. M. Provisions are made to control and reduce noise. n. No outside storage except as allowed in compliance with Section 401.30.E.5 of this Ordinance. o. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.30.E.6 of this Ordinance. p. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. q. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Page 267 of 290 r. The City may allow a motor fuel pump canopy to encroach ten (10) feet into a required setback provided the canopy support structure does not encroach on the setback and the setback encroachment will not result in an obstruction of traffic visibility. SECTION 3. The Planning Commission of the City of Oak Park Heights held a public hearing at their June 9, 2016 meeting, took comments from the public, and recommended that the City Council approve the amendments as provided in this Ordinance. SECTION 4. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 27th day of June, 2016 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 268 of 290 0, Oak Park Heights Request for Council Action Meeting Date June 271,22016 Time Required: 5 Minutes Agenda Item Title: Holiday Station Stores—NP6Exclusive Signage Placement Aweement. Agenda Placement New Business ///// Originating Department/Requestor: r' J Ci Administrator Requester's Signature Action Requested Discussion Pble Action Background/Justification(Please in cate if any previous action has been taken or if other public bodies have advised): The City has been requested to approve a signage license/agreement for the Holiday Stationstores,Inc.to allow a placement of a pylon sign within a City utility easement near the N.E.corner of STH 36 and CSAH 26/Frontage Road. Holiday is the underlying land owner. This particular sign placement resulting from the tight property lines between the State, County and related public and private utility easements as well as to aid in future setbacks from the roadway and right of ways. The unclosed agreement would permit the placement of a sign subject to a number of City imposed conditions and would not put City utilities at risk nor burden the City with costs should this sign be required to be moved. RECCOMENDATION: Approve Non-Exclusive Signage Placement subject to final approval of the City Attorney Page 269 of 290 NON EXCLUSIVE SIGNAGE PLACEMENT AGREEMENT AND LICENSE THIS AGREEMENT("Agreement')is entered into this day of ,2016 by and among THE CITY OF OAK PARK HEIGHTS, a municipal corporation ("City") and Holiday Stationstores,Inc. (collectively referred to as"Owner"). RECITALS A. The City controls certain property rights as described in Exhibit A for City drainage and utility easements ("Easements') including upon the property legally described on Exhibit B attached hereto ("Property")as held by the Owner. B. It has come to the parties' attention that the Owner desires to place signage(example shown in Exhibit C)within the City's Easements and the Owner must secure permission from the City for this placement within such easement as shown for which is granted pursuant to this Agreement: NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. The Owner agrees that it shall not interfere with the City's operation of its utilities, infrastructure,(current or future)while installing or maintaining this signage. 2. The Owner acknowledges that it is exclusively responsible for the sign, its installation, operation, footings and any and all appurtenances and does assume any and all liabilities arising from the sign or its placement. 3. The City hereby grants Owner a non-exclusive license to periodically enter that part of the Easement referred to above to install, repair, replace and operate its sign and perform reasonable maintenance of the sign and its elements, including the right to install necessary power and communication lines thereto. 4. The City shall have the right to revoke or suspend this License at any time it deems necessary, but for which shall be for good- cause as defined by the City Council. In the event of a need of the City to terminate or suspend this license as directed by the City Council,the Owner it its sole expense shall remove this sign, its related elements, including any underground electrical services, footings and shall restore the site to a clean level condition. Except for cases of etnergeney asdefined by the City,the City shall provide to the Owner not less thorn_ ninety-days written notice as to its requirement to remove said sign. 5. The City shall not be responsible for any damages, intentional or unintentional to the sign, loss of business as a result of damages to the sign or any other liability. The Owner does fully indemnify and holds harmless the City, including its employee and all agents, from any and all liability relating to the placement, operation or continuation of this sign. Page 270 of 290 6. This Agreement does not create any property rights or permissions beyond those specifically granted and shall be binding upon and inure to the benefit of the Owner and the City and their successors and assigns. The Owner and any other owner of the Property shall have no obligations under this Agreement for those accruing after the Owner's or such other owner's transfer or conveyance of its interest in the Property. 7. No provision of this Agreement is intended,nor is any provision to be interpreted to provide or create any third parry beneficiary rights or any other rights of any kind to any third parry. S. This Agreement does not constitute a SIGN PERMIT or other required permits necessary for the placement of such sign and separate permits must be secured by the Owner. Drawings shown in Exhibit C are for reference only and does not constitute a sign permit or City acknowledgment that such sign is in compliance with City Ordinances or other granted permission. Final sign permit will be reviewed when fall design and submissions are provided. IN WITNESS WHEREOF, the undersigned have hereunto set their names effective as of the day and year first above written. The City of Oak Park Heights, a municipal corporation By: Its: Owner: Holiday Stationstores Inc. By: Its: Page 271 of 290 EXHIBIT A LEGAL DESCRIPTION OF E: SEMENf That part of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North,Range 20 West,Washington County,Minnesota,described as follows: Commencing at the Northwest corner of said Northeast Quarter of the Northeast Quarter; thence North 89 degrees 13 minutes 19 seconds East, assumed bearing, along the North line of said Northeast Quarter of the Northeast Quarter a distance of 330.10 feet to the Northeast corner of the North 225.90 feet of the West 330.00 feet of said Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the East line of said North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter a distance of 225.97 feet to the Southeast comer of said North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter and the point of beginning;thence South 89 degrees 13 minutes 19 seconds West along the South line of said North 225.90 feet of the Northeast Quarter of the Northeast Quarter a distance of 125.54 feet; thence North 01 degrees 48 minutes 22 seconds West 225.94 feet to said North line of the Northeast Quarter of the Northeast Quarter; thence South 89 degrees 13 minutes 19 seconds West along said North line 206.13 feet to said Northwest corner of the Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the West line of said Northeast Quarter of the Northeast Quarter a distance of 294.92 feet; thence North 88 degrees 11 minutes 38 seconds East 329.65 feet; thence North 01 degrees 52 minutes 49 seconds West 63.02 feet to the point of beginning. AND All that part of the North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North, Range 20 West, Washington County,Minnesota,described as follows: Beginning at the Northeast comer of said North 225.90 feet of the West 330.00 feet; thence South 02 degrees 12 minutes 15 seconds East,assumed bearing,along the Easterly line of said West 330.00 feet, a distance of 225.97 feet to the Southerly line of said North 225.90 feet; thence South 89 degrees 13 minutes 19 seconds West along said Southerly line 125.54 feet; thence North 01 degrees 48 minutes 22 seconds West 225.94 feet,more or less, to the Northerly line of said Northeast Quarter of the Northeast Quarter; thence North 89 degrees 13 minutes 19 seconds East along said Northerly line 123.97 feet,more or less,to the point of beginning. Said easement lies 20.63 feet northerly as measured at a right angle from the following described line: Page 272 of 290 Commencing at the northeast corner of the North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter of Section 4, T. 29 N., R.20 W.,Washington County, Minnesota;thence North 89 degrees 57 minutes 46 seconds West 60.02 feet,on an assumed bearing, along the north line of said Northeast Quarter of the Northeast Quarter;thence South 01 degrees 23 minutes 12 seconds East 25.88 feet to the point of beginning for said line; thence South 89 degrees 56 minutes 40 seconds West 180.33 feet and there said line terminating. The side lines of said easement are intended to be prolonged or shortened to terminate at the easterly and northwesterly line of Lot 1,Block 1,proposed plat of Holiday Oak Park Heights Addition. Page 273 of 290 EXHIBIT B LEGAL DESCRIPTION OF OWNER'S LAND That part of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North,Range 20 West,Washington County,Minnesota,described as follows: Commencing at the Northwest comer of said Northeast Quarter of the Northeast Quarter; thence North 89 degrees 13 minutes 19 seconds East, assumed bearing, along the North line of said Northeast Quarter of the Northeast Quarter a distance of 330.10 feet to the Northeast corner of the North 22590 feet of the West 330,00 feet of said Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the East line of said North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter a distance of 225.97 feet to the Southeast comer of said North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter and the point of beginning;thence South 89 degrees 13 minutes 19 seconds West along the South line of said North 225.90 feet of the Northeast Quarter of the Northeast Quarter a distance of 125.54 feet; thence North 01 degrees 48 minutes 22 seconds West 225.94 feet to said North line of the Northeast Quarter of the Northeast Quarter; thence South 89 degrees 13 minutes 19 seconds West along said North line 206.13 feet to said Northwest corner of the Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the West line of said Northeast Quarter of the Northeast Quarter a distance of 294.92 feet; thence North 88 degrees 11 minutes 38 seconds East 329.65 feet; thence North 01 degrees 52 minutes 49 seconds West 63.02 feet to the point of beginning. AND All that part of the North 22590 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North, Range 20 West, Washington County,Minnesota,described as follows: Beginning at the Northeast corner of said North 225.90 feet of the West 330.00 feet; thence South 02 degrees 12 minutes 15 seconds East,assumed bearing,along the Easterly line of said West 330.00 feet, a distance of 225.97 feet to the Southerly line of said North 225,90 feet; thence South 89 degrees 13 minutes 19 seconds West Tong said Southerly lane 125.54 feet;thence North 01 degrees 48 minutes 22 seconds West 225.94 feet, more or less, to the Northerly line of said Northeast Quarter of the Northeast Quarter; thence North 89 degrees 13 minutes 19 seconds East along said Northerly line 123.97 feet,more or less,to the point of beginning. Page 274 of 290 6 EXHIBIT C DESIGN AND LOCATION Page 275 of 290 — SCALE IN FEET J :i l' 100 „�.,`- -------•----. . _.. --- tE TRAIL '-�-----•-�- �----------•------._._ �___ -. ----- ----- I 101 — C ITI'-UTf-PTIy—....__.._. OPOSED R/N EASEMENT — — PROPOSED..R/W m �INPLACE SANITARY SEWER 12, PROPOSED WATERMAIN 1 , 'K7 77 SIGN Ln FOUNDATION r` CITY UTILITY - EASEMENT - _ I -7 - PROPOSED HOLIDAY p —I STATION STORE PERMANENT EASEMENT .� _ r !i -. - ❑ � /„ter•- y Design File: Checked By. ------------- Final plet sw EXHIBIT Alllant Engineering,Inc. Drawn By. 233 Park Ave S,Ste 300 Dwg Name: AR SIGNAGE SITE DETAILS Minneapolis,MN 56415 z15-oils eHh 612.758.3080 MAIN Dafe: Scale: OAK PARK HEIGHTS, MN 612.758.3099 FAX 05/14/16 1"-2D' wwmalliant4ne earn Page 276 of 290 TOP FIN - RED BACKGROUND - WHITE UPPER "H" - RED LOWER "H" - BLUE BOTTOM FIN - BLUE Q Noi SIGN BORDER: WHITE � N;S16N FIELD - RED �Q� BLACK OUTLINE OF UNLEADED LO60 AND LETTERS WHITE LETTERS / BLUE BKCGRD RED LED PRICE 516N m FULL COLOR 4civ WHITE LETTERS / ORANGE BK6D �EGTRONIG ME55A6E �f THIS DRAWING IS FOR COP CENTER PURPOSES ONLY FOR THE IGN LICENSE AREA AGREEMENT SEPARATE CITY PERMIT AN ITY APPROVAL IS REQUIRED PROP05ED PYLON SIGN SIONASe AREA BREAKDOWN HOLIDAY 5TATION5TORE ID: 41.55 50 IT PRICE 516N 28.10 50 FT ELECTRONIC MESSAGE GNTR 50.55 SO FT TOTAL (PER SIGN FACE) 100.00 50 FT Page 277 of 290 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 278 of 290 Oak Park Heights Request for City Council Action Meeting Date June 27,2016 Agenda Item Title Planning Commission Term Appointments Time Required 5 minutes Agenda Placement New Busin Originating Department/Re s on/Eric Johnson Requester's Signature Action Requested A oint P Commissioners-Recommended Terms Background/Justification.(Please indicate any previous action,financial implications including budget information and recommendations). Jennifer Bye's special order appointment of 1 year expired May 31,2016. Per Commission Bylaws she was ineligible to seek reappointment. Advertisement for the vacancy was made and two applications received. The Planning Commission interviewed both candidates prior to their June 9, 2016 meeting and found them favorable. With an anticipated departure of Commissioner Thurmes later this year and subsequent vacancy created, the Planning Commission voted to made the following Planning Commission appointment recommendation to City Council: Recommendation: 1. Appoint Gregory Quale to the Planning Commission to a 3-year term of June 2016 through May 2019 and, 2. Appoint Warren Wasescha to fill the remainder of Commissioner Thurmes' term at such time anticipated vacancy occurs through May 2017. (NOTE FROM STAFF: The Council may desire to extend the Wasecha appointment to a standard additional Three Year Appointment thereafter through May 2020) Page 279 of 290 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 280 of 290 P-I Oak Park Heights Request for Council Action Meeting Date June 27, 2016 Agenda Item TemporTy Family Health Care Dwellings Time Req. 0 Agenda Placement New Business Originating Department/Requestor Mayor Mary McComber Requester's Signature Action Requested Discussion and possible direction to Planning Commission Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Legislation passed this session to allow Temporary Family Health Care Dwellings in cities, unless the City chooses to opt out of the law, or establishes an ordinance, as they are considered a conditional use. Our ordinances already allow accessory structures, although they are not living structures. Attached is a sample ordinance and FAQs regarding the new law. Cities have a short window in which to react. I would like the Council to discuss the new law. Page 281 of 290 ORDINANCE NO. CITY OF AN ORDINANCE OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593, which permit and regulate temporary family health care dwellings; WHEREAS, subdivision 9 of Minn. Stat. §462.3593 allows cities to "opt out" of those regulations; THE CITY COUNCIL OF THE CITY OF , ORDAINS as follows: Section I City Code, Section is amended as follows: OPT-OUT OF MINNESOTA STATUTES,SECTION 462.3593: SECTION . Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9,the City of opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary Family Health Care Dwellings. SECTION This Ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of 2016, by the City Council of the City of CITY OF By: ATTEST: Page 282 of 290 0 LEAGUE of CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures--What it means for Cities Introduction: On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.' Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a"mentally or physically impaired person",by allowing them to stay in a "temporary dwelling" on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 11 1. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt-out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. Cities may want to consider the below when analyzing whether or not to opt out: The new law alters a city's level of zoning authority for these types of structures. While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. « Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that 2016 Laws,Chapter i 11. Z Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia.It is worth noting that some states have adopted Accessory Dwelling Unit(ADU)statutes to allow granny flats,however,these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. 145 UNIVERSITY AVE. WEST riiomv (651)281-1200 FAX:(651)281-1299 ST. PAUL, MN 55103-2044 TOLL PRBE:(800)925-1.122 WEB:WwwLMC.ORG Page 283 of 290 Temporary Family HealthCare Dwellings June 9, 2016 Page 2 individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No,the law goes into effect September 1, 2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. By September 1, 2016, however, cities will need to be prepared to accept applications, must have determined a permit fee amount' (if the city wants to have an amount different than the law's default amount), and must be ready to process the permits in accordance with the short timeline required by the law. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use, then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt-out ordinance. However, since the new law adds section 462.3593 to the land use planning act(Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to err on the side of caution and treat the opt-out ordinance as a zoning provision.5 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? 3 See Minn. Stat. §394.307 °Cities do have flexibility as to amounts of the permit fee. The law sets,as a default,a fee of$100 for the initial permit with a$50 renewal fee,but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all,those cities still need to adopt an opt-out ordinance. In those instances,it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the statute,cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their communities. Page 284 of 290 Temporary Family HealthCare Dwellings June 9, 2016 Page 3 Not likely. The opt-out language ofthe statute allows a city, by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute, the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out, the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute, the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including, but not limited to:6 • Name, address, and telephone number of the property owner, the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care,primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more "instrumental activities of daily life;" • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. 6 New Minn. Stat. §462.3593,subd. 3 sets forth all the application criteria. 7 This is a term defined in law at Minn. Stat. § 256B.0659,subd. 1(i)as"activities to include meal planning and preparation;basic assistance with paying bills; shopping for food,clothing,and other essential items;performing household tasks integral to the personal care assistance services;communication by telephone and other media; and traveling,including to medical appointments and to participate in the community." Page 285 of 290 Temporary Family Healthcare Dwellings June 9, 2016 Page 4 The law requires all of the following to sign the application: the primary caregiver, the owner of the property(on which the temporary dwelling will be located) and the resident of the property(if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver" or"relative"resides. The statute defines caregiver as "an individual, 18 years of age or older, who: (1) provides care for a mentally or physically impaired person; and(2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of"relative"includes "a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt,nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as "mentally or physically impaired,"defined as "a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state." The law specifically limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month renewal option. Further, there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the"granny flat"with its own foundation as a temporary structure. Qualifying temporary structures must: « Primarily be pre-assembled; • Cannot exceed 300 gross square feet; m Cannot attach to a permanent foundation; Must be universally designed and meet state accessibility standards; a The law expressly exempts a temporary family health care dwelling from being considered"housing with services establishment",which,in turn,results in the 55 or older age restriction set forth for"housing with services establishment"not applying. Page 286 of 290 Temporary Family Healthcare Dwellings June 9, 2016 Page 5 • Must provide access to water and electrical utilities (by connecting to principal dwelling or by other comparable means'); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable (as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2"1°; and • Must contain a backflow check valve.i i Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no. These structures must meet accessibility standards (which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles, to which the State Building Code does not apply. Two other options exist, however, for these types of dwellings. If these structures represent a pre-fabricated home, the federal building code requirements for manufactured homes apply(as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand, they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit, the temporary family health care dwelling must be located in an area on the property where"septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. However,unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws stili apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame for which the local governmental unit has to make a decision on granting the permit. Due to the time sensitive 9 The Legislature did not provide guidance on what represents"other comparable means". 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information,the American National Standards Institute website is located at haps://,w%w.ansi.org<. " New Minn. Stat. §462.3593,subd.2 sets forth all the structure criteria. Page 287 of 290 Temporary Family HealthCare Dwellings June 9, 2016 Page 6 nature of issuing a temporary dwelling permit, the city has only 15 days (rather than 60 days) (no extension is allowed) to either issue or deny a permit. The new law waives the public hearing requirement and allows the clock to restart if a city deems an application incomplete. If a city deems an application incomplete, the city must provide the applicant written notice, within five business days of receipt of the application, telling the requester what information is missing. For those councils that regularly meet only once a month, the law provides for a 30-day decision. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at$100 for the initial permit with a $50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes,but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty(60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example, request that the required certification of need simply state"that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living",without including in that certification data or information about the specific reasons for the assistance, the types of assistance,the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes.As with any new law, to determine the potential impact on cities, the League recommends consulting with your city attorney. Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore(iV-lmc.org or LMC General Counsel Tom Grundhoefer at tznmdho(;�4lmc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. Page 288 of 290 Sv Oak Park Heights Request for Council Action Meeting Date June 27, 2016 Agenda Item Contribution to Stillwater Fourth of July Fireworks Time Req. 0 Agenda Placement New Business Originating Department/Requestor Mayor Mazy McComber Requester's Signature Action Requested Discussion and possible action Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). I received a call from Mike Pohlena asking if Oak Park Heights would be willing to contribute to the Stillwater 4th of July Fireworks. Council should discuss. Page 289 of 290 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 290 of 290