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Home My WebLink About2000-10-03 NAC Planning ReportMEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: October 3, 2000 RE: Oak Park Heights - Boutwells Landing Signage and Lighting FILE NO: 798.02 - 00.14 The City Council, at their September 26, 2000 meeting, requested additional Planning Commission and Parks Commission input on the lighting and signage issues for Boutwells Landing. The City Council discussed the plans and viewed a sample light fixture provided by VSSA. As part of the review, the City Council considered the recommendations made by the Planning Commission and Parks Commission at their meetings in September. Specifically, the City Council requested the following: Signage: 114 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ENCLOSURE 1. The Parks Commission had asked VSSA to come back to their October meeting with additional ideas on park signage. The City Council will consider these recommendations when the Parks Commission forwards its final recommendation. The Council also indicated that all signage must comply with City ordinance requirements. Lighting: The City Council determined that the 14 foot pole option is appropriate for the street lighting within Boutwells Landing. The Council wanted the Planning Commission to consider the VSSA request to place 24 foot pole lighting in the parking lots. Additionally, the Planning Commission should further consider the lens style for the proposed light fixtures. Although all of the fixtures will comply with the ordinance requirement of 90° cut off, the lens preferred by VSSA will extend below the body of the fixture. The lighting section of the Zoning Ordinance (Section 401.15.B.7) 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 E-MAIL NAC@WINTERNET.COM specifies that architectural /historical Tight fixtures that feature a globe require approval of the City Council. The Planning Commission, at their September meeting, indicated that they preferred that the globes do not show below the fixture profile. VSSA representatives indicated that they have additional information to present to the Planning Commission on this issue. The City Council also asked the Planning Commission to comment on the trail lighting fixtures and locations. The Parks Commission, at their September meeting, recommended that the Boutwells lighting plan should include bollard lighting throughout the park for the bike paths and trails. The Parks Commission w i l l be asked if they have any additional comments on the lighting plan at their October meeting. Mark Vierling, the City Attorney, provided the City correspondence highlighting the language of the Development Agreement related to lighting. A copy of the letter is attached. Provision 3.f. indicates that the City has a high degree of latitude related to requiring lighting for the park: "3.f. Providing lighting for any primary or collector walk or bikepaths (as opposed to internal non - primary walk or bikepaths) serving the development with ground fixtures as specified by the City's Department of Public works which should also be subject to the terms set forth in a -e above. (Walk or bikepaths to be lighted shall be shown on a lighting plan to be prepared by the developer the same being subject to the approval of the city administrator. )" pc: Kris Danielson 2 .lames 1 Lammers R obert G. Briggs* i}1ar t • 1. Vier•lin Gregor G. Caller i�homc>.s L. Weidner.. S usan D. Olson. Vavrc1 Sn Mr. Thomas Melena City Administrator City of oak Park Heights 14168 - 57th Street North P.O. Box 2007 Oak Park Heights, MN 55082 Dear Mr. Melena: state: I'.\ X (651) 439 - 2923 Direct Dial No.: (651) 351 -2118 September 27‘ 2000 Re: VSSA Development Agreement Issues Lighting and Monument S i gnage LAW OFFICES OF Eokherg Lammers. I3riggs. Wolff & VierIing 1 1835 Northwestern Avenue Stillwater. Minnesota 55082 (651) 439 -2878 Following Tuesday night's meeting on the 26 I have now had the opportunity to review the original Development Agreement between VSSA and the city. I note with reference for your purposes the provisions under general requirements affecting lighting which provides the following: 1. Paragraph 1 on page 4 provides under the Plan A Improvement section, the following: The Developer shall furnish street lights in accordance with the City's residential street lighting plan and ordinance. 2. Subparagraph (i) under General Requirements further goes on to Residential street lighting shall be purchased and installed by the Developer and thereafter transferred to the City. All such lighting shall be operated by the electric utility company (NS's'). City and a lighting company shall enter into a contractual agreement on the maintenance of the street lighting system. Lighting standards shall be as specified by the City's Department of Public Works. The Developer seeks to establish a theme for the development to which lighting shall be an element. The City and the Developer agree to work cooperatively to select lighting fixtures • for this development that meet the City 's standards and are consistent with the overall architectural theme established by the Developer for this development. A wolir 01944.1996) L .1. E,..1,Ler ()I Counsel '; utrct1 . \rr]iIrdtor t•� t� }t .€ Estart Spec ict1ist �` ua111 acct 1 cutr� Mecl1dto September 27, 2000 Page 2 As it affects issues of sirens, the Development Agreement does not deviate nor add provisions different from those that would otherwise be provided for under the city's ordinances and therefore all signage is subject to the existing requirements of the city ordinance. MTV/jp cc: Scott Richards Kris Danielson 3. Further, it goes on to state in subparagraph (ii): It shall be the responsibility of the Developer to: a. Reimburse the City for the first two (2) years of operating cost of the street lighting system. b. Pay an electric utility company or other installer any cost incurred in the installation of the street lighting units. This payment shall be required to be guaranteed as part of the Plan A security. c. The two year payment schedule (policy) shall be put into effect upon installation of each lighting unit. d. All these costs shall be guaranteed by part of the Plan A security. e. The Developer shall install underground electrical service throughout the development. Provide lighting for any primary or collector walk or bikepaths (as opposed to internal non primary walk or bikepaths) serving the development with ground fixtures as specified by the City's Department of Public Works which shall also be subject to the terms set forth in a-e above. (Walk or bikepaths to be lighted shall be shown on a lighting plan to be prepared by the developer the same being subject to the approval of the city administrator.) Yours very truly, Mark J. Vierling LAW OFFICES OF Echherg, Lammers. Briggs. Wolff & Vier 1835 Northwestern Avenue Stillwater. Minnesota 55082 (651) 439-2878 l'h\ X (651) 439-2923 Direct Dial No.: (651) 351-2118 .1anies Lammers Rohert G. i3riggs* .\\aric .1. Vierling.• Gre G. Guile, Thomas .1. Weidner*• Susan D. 01S011. David K. Sn Mr. Thomas Melena City Administrator City of Oak Park Heights 14168 - 57th Street North P.O. Box Oak Park Heights, MN 55082 Dear Mr. Melena: state: September 27, 2000 Re: VSSA Development Agreement Issues - Lighting and Monument Signage i n 1. Paragraph 1 on page 4 provides under the Plan A Improvement section, the following: The Developer shall furnish street lights in accordance with the City's residential street lighting plan and ordinance. 2. Subparagraph (0 under General Requirements further goes on to Residential street lighting shall be purchased and installed by the Developer and thereafter transferred to the City. All such lighting shall be operated by the electric utility company (NSP). City and a lighting company shall enter into a contractual agreement on the maintenance of the street lighting system. Lighting standards shall be as specified by the City's Department of Public Works. The Developer seeks to establish a theme for the development to which lighting shall be an element. The City and the Developer agree to work cooperatively to select lighting fixtures for this development that meet the City standards and are consistent with the overall architectural theme established by the Developer for this development. c \\ SEP 2 9 2000 . F Following Tuesday night's meeting on the 26 I have now had the opportunity to review the original Development Agreement between VSSA and the city. I note with reference for your purposes the provisions under general requirements affecting lighting which provides the following: p c.' A w 09 1-1996) Lyie .1. EciciDerg Of Cnunsei •Qualiftecl Neutral ArLitrator *Certified Real Estate Speeialist •Qualatea Neutral Meclialor September 27, 2000 Page 2 As it affects issues of sirens, the Development Agreement does not deviate nor add provisions different from those that would otherwise be provided for under the city's ordinances and therefore all signage is subject to the existing requirements of the city ordinance. MJV/jp cc: Scott Richards Kris Danielson 3. Further, it goes on to state in subparagraph (ii): It shall be the responsibility of the Developer to: a. Reimburse the City for the first two (2) years of operating cost of the street lighting system. h. Pay an electric utility company or other installer any cost incurred in the installation of the street lighting units. This payment shall be required to be guaranteed as part of the Plan A security. c. The two year payment schedule (policy) shall be put into effect upon installation of each lighting unit. d. All these costs shall be guaranteed by part of the Plan A security. e. The Developer shall install underground electrical service throughout the development. f. Provide lighting for any primary or collector walk or bikepaths (as opposed to internal non primary walk or bikepaths) serving the development with ground flxtures as specified by the City's Department of Public Works which shall also be subject to the terms set forth in a -e above. (Walk or bikepaths to be lighted shall be shown on a lighting plan to be prepared by the developer the same being subject to the approval of the city administrator.) Yours very truly, Mark J. Vierling