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HomeMy WebLinkAbout07-26-22 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, JULY 26,2022 7:00PMAT CITY HALL 7:00p.m.I.Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:00p.m.II.Council/StaffReports A.Mayor McComber B.Councilmember Dougherty C.CouncilmemberJohnson D.Councilmember Liljegren E.Councilmember Runk F.Staff Chief of Police Assistant City Administrator/City Clerk(pg. 3) 7:05p.m.III.Visitors/Public Comment Thisis an opportunity for the public to address the Council with questions or concerns on issues notpart of the regularagenda (Please limitcomments to 3 minutes in length). 7:10p.m.IV.Consent Agenda(Roll Call Vote) A.ApproveBills& Investments B.Approve City CouncilMinutesJune 28,2022(pg.5) C.Approve License for Sale/Storage ofConsumer Fireworks at Walmart(pg. 11) D.Set Public Hearing for Increase in On-Sale Liquor, On-Sale 3.2, Off-Sale 3.2, and Wine License Fees for September 27, 2022 at 7:00 p.m.(pg.13) E.Approve Amendment to the Parks and Trails Commission Bylaws Relating to Meeting Start Time(pg.15) F.Approve Memorial Tree Planting Request for Valley View Park(pg.17) G.Approve Resolution Accepting Donations for Night to Unite(pg.23) H.ApproveLetter of Support for Mr. C. LeRoux Reappointment to BCWD Board of Directors(pg.25) I.Approve JPA Between OPH and Washington County Law Enforcement Records Management System Known as Central Square Software Systems(pg.29) th J.Approve Letter of Support Name Change for 59Street to Andersen Way(pg. 35) K.Approve Developers Agreement Amendment #1Palmer Station(pg.37) 7:15p.m.V.PublicHearings 7:15p.m.VI.OldBusiness A.Solid Waste and Recycling Contract RFP(pg.47) B.Consider Planned Unit Development General Plan, Conditional Use Permit for Drive Thru Restaurant and Signage, andDesign Guidelines/Site Plan Review for a th Popeyes Restaurant at 13523 60StreetNorth(pg.49) 7:25p.m.VII.NewBusiness A.Edible CannabinoidMNLaw Changes to MN Stat. 151.72(pg.103) B.Approval to Commence Hiring ProcessPolice Officer(pg.115) C.Extension for Special Event Permit Joe Dent(pg.117) Page 1 of 136 Agenda July 26,2022 Page2 D.Oak Park Heights Stillwater Crossing Shopping Center Site Plan Review 5950Osgood Avenue North(pg.121) 8:00p.m.VIII.Other CouncilItemsor Announcements 8:00p.m.IX.Closed Session(closed pursuant to MN Stat. 13D.05, Subd. 3(c)(3) A.Discussion on Offer to Purchase City Owned Property on Stagecoach Trail North 8:30p.m.X.Adjournment Page 2 of 136 Page 3 of 136 Page 4 of 136 Page 5 of 136 Page 6 of 136 Page 7 of 136 Page 8 of 136 Page 9 of 136 THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 136 Page 11 of 136 THIS PAGE INTENTIONALLY LEFT BLANK Page 12 of 136 Page 13 of 136 Page 14 of 136 Page 15 of 136 Page 16 of 136 Page 17 of 136 Page 18 of 136 Page 19 of 136 Page 20 of 136 Page 21 of 136 THIS PAGE INTENTIONALLY LEFT BLANK Page 22 of 136 Page 23 of 136 Page 24 of 136 Oak Park Heights Request for Council Action th Meeting Date July 26, 2022 Required: 1 Minutes _____________________ Time Agenda Item Title: Consider Letter of Support – Mr.C. LeRoux – for Reappointment BCWD Board of Directors Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested Approve Letter of Support – Mr. C. LeRoux – for Reappointment BCWD Board of Directors Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City Council may offer support for various persons applying to serve on various Washington County boards and committees. At this time, City Resident Chuck LeRoux is seeking REAPPOINTMENT to the BCWD Board. Enclosed is a DRAFT letter for consideration as well as his initial application from 2019 that discusses his background. Page 25 of 136 Page 26 of 136 Page 27 of 136 Page 28 of 136 Oak Park Heights Request for Council Action th Meeting Date July 26, 2022 Time Required: 1 Minute Agenda Item Title: JPA between OPH and Washington County Law Enforcement Records Management System known as Central Square Software Systems Agenda Placement Consent Agenda Originating Department/Requestor Oak Park Heights Police Dept, Chief Steve Hansen Requester’s Signature Action Requested Approve JPA between OPH and Washington County Law Enforcement Records management system known as Central Square Software Systems Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): This JPA allows for all participating law enforcement agencies and Washington County to share law enforcement data/records amongst themselves to enhance services to residents. This allows for more uniformity and accuracy for data created and used throughout the County. In Washington County currently all law enforcement agencies/departments are using the same records management system called central square or tri-tech software. This system replaced the aging software referred to as the AS-400/Alerts software a few years ago. This data sharing agreement is important for investigations, backgrounds, and police information networking. In the past we would have to get permission from the other agency for accessing their data or reports. Both entities are still governed to in force the MN Government Data Practices Act under chapter 13 and federal regulations on data privacy. Page 29 of 136 JOINTPOWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFFÓS OFFICE AND THE CITY OF THIS JOINT POWERS AGREEMENT (ÐAgreementÑ) is made by and between Washington County a political subdivision by and through its SheriffÓs Office (hereinafter ÐWashington CountyÑ) and the City of , Minnesota, a municipal corporation (hereinafter referred to as the ÐCityÑ), which may be referred to individually as ÐpartyÑ and collectively as ÐpartiesÑ. WHEREAS, Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, provides that two or more governmental units may by agreement jointly exercise any power common to the contracting parties; WHEREAS, Parties create, store, and utilize data, including law enforcement data as defined in Minnesota Statutes Section 13.82, as political subdivisions of the State of Minnesota; WHEREAS, Parties find it beneficial to share law enforcement data to enhance services to residents, to arrange a data sharing opportunity to foster a stronger law enforcement relationship, as well as to assure uniformity and accuracy of data created and used throughout the county of Washington; NOW THEREFORE, pursuant to the authority contained in the Joint Powers Act and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, Washington County and City agree to the following terms and conditions. AGREEMENT CONDITIONS Parties agree to share law enforcement data created, stored, and utilized in the Central Square (TriTech) Software Systems records management system (ÐSystemÑ) during the term of this Agreement unless otherwise subject to exclusion. Each party to this Agreement will make available, through the System, to the other party such law enforcement data created, stored, and utilized by the parties hereto insofar to the extent distribution of such data is consistent with applicable Federal and State laws. No party shall use any data that is obtained under this Agreement for any commercial, for-profit activity or product or otherwise prohibited use. Parties agree they will not knowingly or negligently allow its employees, agents, or independent contractors to copy, sell, disclose, or otherwise make the law enforcement data available to anyone who is not authorized to have access to such data. Each party agrees to immediately notify the other in writing if it becomes aware of any unauthorized data access by its employees, agents, or independent contractors. The parties hereto further agree to guard against unauthorized disclosure by its own employees, agents or independent contractors by taking appropriate security measures including, but not limited to, providing physical security measures and taking all steps necessary to protect information, data or other tangible or intangible property of its own that the parties regard as confidential or nonpublic. All parties agree to comply with current U.S. Department of Justice CJIS Security Policies and the Minnesota Bureau of Criminal Apprehension CJDN Rules. Page 30 of 136 All data entered into theSystem by the City shall remain City data; Washington County does not obtain any ownership interest in the City data except to the extent that Washington County is obligated to keep this data intact and the System secure and to regularly backup the data for redundancy and disaster recovery purposes. The City shall ensure the data submitted for addresses and parcels are accurately reflected and will amend any incorrect addresses by following appropriate process with Washington County. The City shall be responsible for responding to any data practices requests related to any City data that City employees, agents, or representatives enter into the System. The City agrees to maintain the technology utilized to connect to the System at a minimum in accordance with the Washington County Technology and Security standards, as stated and required in Security Addendum, attached to this Agreement as Exhibit A, including Washington County Information Technology Policy #3001, attached to the Agreement as Exhibit B, and Washington County Information Technology Policy #3006, attached to the Agreement as Exhibit C.Exhibits B and C are hereby incorporated by this reference. TERM OF AGREEMENT The term of this Agreement shall commence upon signature upon its execution by both parties. This Agreement shall remain effective until December 31, 202. PAYMENT The City shall pay Washington County per estimated capita within 30 days of being invoiced. Washington County shall invoice the City annually or quarterly as determined by the City. INDEPENDENT CONTRACTOR It will be agreed that nothing within the Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting the City as the agent, representative, or employee of Washington County for any purpose or in any manner whatsoever. ASSIGNMENT The City shall not assign any services contemplated under this Agreement. INDEMNIFICATION The City agrees it will defend, indemnify, and hold harmless the Washington County, its officers, and employees against any and all liability, loss, costs, damages, and expenses which the Washington County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the City in the performance of this Agreement. Page 31 of 136 Washington County agrees it will defend, indemnify, and hold harmless the City, its officers, and employees against any and all liability, loss, costs, damages, and expenses which the City, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the County in the performance of this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for one or both of the parties may not be added together to determine the maximum amount of liability for any party. INSURANCE REQUIREMENTS The City agrees that in order to protect itself, as well as Washington County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1.Maintain membership and participation in the Minnesota League of Cities Trust or Commercial General liability Insurance with contractual liability coverage in the amount of the CityÓs and Washington CountyÓs tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 2.Automobile coverage in the amount of the CityÓs and ProviderÓs tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. WorkerÓs Compensation in statutory 3.amount. Prior to the effective date of this Agreement, the City will furnish Washington County, with certificates of insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed a substantial breach of contract. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without (30) thirty daysÓ notice thereof to Washington County. GOVERNING LAW This Agreement is made and shall be governed by the laws of the state of Minnesota. SEVERABILITY If any provision of this Agreement is held unlawful it shall not affect other lawful provisions. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of the contractor, because of this Agreement, is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as federal regulations on data privacy. Page 32 of 136 TERMINATION Washington County or City may cancel this Agreement with or without cause at any time upon giving 60 days written notice to the Washington County Sheriff or designee or the Police Chief, City Administrator, or designee. ENTIRE AGREEMENT. This Agreement, along with Exhibits A, B, and C, which are incorporated by reference, constitutes the complete and exclusive understanding between the parties with respect to the Agreement. BY: __________________ DATE BY: _________________ DATE: ______ Mayor County Board Chair BY: _________________ DATE: ______ BY:___________________ DATE_______ County Administrator CityAdmin istrator BY: _________________ DATE: ______ Approved as to form: Sheriff _________________ Approved to as form: City Attorney _________________ County Attorney Page 33 of 136 THIS PAGE INTENTIONALLY LEFT BLANK Page 34 of 136 Oak Park Heights Request for Council Action th Meeting Date July 26, 2022 Time Required: 1 Minutes _____________________ th Agenda Item Title: Approve Letter of Support - Name Change for 59 Street – to ANDERSEN WAY Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature th Action Requested Approve Letter of Support - Name Change for 59 Street – to ANDERSEN WAY. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): See attached. Page 35 of 136 Page 36 of 136 Oak Park Heights Request for Council Action Meeting Date July 26th, 2022 Time Required: 1 Minutes _____________________ Agenda Item Title: Approve Developer’s Agreement – Amendment #1 – Palmer Station Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested Approve Developer’s Agreement – Amendment #1 – Palmer Station Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Stemming from past requirements for long-term commitments from the Developer to ensure the final retaining wall located between Lots 7& 8 is appropriately constructed and remains in proper condition, the City has finalized the Developer’s Agreement #1 which is ready for Council consideration. While a catastrophic wall failure would now appear unlikely, the document requires periodic inspections and outlines that repair costs are to be those of the Developer should the HOA not function or fail to act. If approved Staff would record this document against the titles of both Lots 7 & 8 to establish a clear record of responsibility should this wall require repair prior to its useful life expiring. Page 37 of 136 Page 38 of 136 Page 39 of 136 Page 40 of 136 Page 41 of 136 Page 42 of 136 Page 43 of 136 Page 44 of 136 Page 45 of 136 THIS PAGE INTENTIONALLY LEFT BLANK Page 46 of 136 Page 47 of 136 Page 48 of 136 Oak Park Heights Request for Council Action Meeting Date July 26th, 2022 Time Required: 5 Minutes _____________________ Agenda Item Title:CONSIDER PLANNED UNIT DEVELOPMENT-GENERAL PLAN, CONDITIONAL USE PERMIT FOR DRIVE THRU RESTAURANT AND SIGNAGE, AND DESIGN GUIDELINES/SITE PLANREVIEW FOR A TH POPEYES RESTAURANT AT 13523 60STREET NORTH Agenda Placement 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): th NOTE: THIS WAS TABLED FROM THE JUNE24, 2022 Meeting– Awaitingsignage and façade drawings and details. Please see theattached from Scott Richards, CityPlanner Initial Planning Report – Dated: Additional - Planning Report – DatedJuly 22, 2022 Approved Planning Commission Resolution – Unsigned Proposed City Council Resolution. Page 49 of 136 Page 50 of 136 Page 51 of 136 Page 52 of 136 Page 53 of 136 Page 54 of 136 Page 55 of 136 Page 56 of 136 Page 57 of 136 Page 58 of 136 Page 59 of 136 Page 60 of 136 Page 61 of 136 Page 62 of 136 Page 63 of 136 Page 64 of 136 Page 65 of 136 Page 66 of 136 Page 67 of 136 Page 68 of 136 Page 69 of 136 Page 70 of 136 Page 71 of 136 Page 72 of 136 Page 73 of 136 Page 74 of 136 Page 75 of 136 Page 76 of 136 Page 77 of 136 Page 78 of 136 Page 79 of 136 Page 80 of 136 Page 81 of 136 Page 82 of 136 Page 83 of 136 Page 84 of 136 Page 85 of 136 Page 86 of 136 Page 87 of 136 PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: July 22, 2022 RE: Oak Park Heights – Ridgecrest Oak Park Heights I – Popeyes Planned Unit Development – General Plan, Conditional Use Permit for Drive Thru Restaurant and Signage, and Design Guidelines/Site th Plan Review – 13523 60 Street North TPC FILE: 236.02 – 22.03 BACKGROUND Lawrence BenBassett of Oak Park Chicken has made an application for Planned Unit Development-General Plan, Conditional Use Permit for Drive Thru Restaurant and signage, and Design Guidelines/Site Plan Review at 13523 60th Street North. The lot was previously part of the Eagles Club property. It is situated at Highway 36 and Norell Avenue North. The site was plannedto be redeveloped with two buildings, one which is a Panera Bread with a drive thru that was approved in June of 2018. The second lot, to the south of the Panera Bread is proposed for a Popeyes Restaurant. The City Council, at their June 28, 2022, meeting, reviewed the applicationand continued the discussion to the July 26, 2022, meeting to allow for the applicant to provide revised plans. The signage plan and the rear façade that faces Norell Avenue was to be updated to comply with the recommendations of the Planning Commission. EXHIBITS The review is based upon the following submittals: Exhibit 1: Proposed Front and Drive through Elevation (A5.0) Exhibit 2: Proposed Rear and Side Elevation (A5.1) Exhibit 3: Master Finish Schedule (A10.1) Exhibit 4: Signage Site Map Exhibit 5: Signage Elevations Exhibit 6: Signage Elevations 2 Exhibit 7: 27” Popeyes Channel Letters With Tagline Exhibit 8: 27” Popeyes Channel Letters Page 88 of 136 Exhibit 9:Love that Chicken Letters Exhibit 10: Popeyes – 8’ Monument Sign Exhibit 11: Wayfinding Directional Sign Exhibit 12: Clearance Bar Exhibit 13: Drive Thru Order Canopy ISSUES ANALYSIS Signage. Freestanding Sign.The plans indicateone proposed monumentsign. The Ordinance allows for one freestanding sign per lot and two additional freestanding signs on the same lot if constructed as a monument. The freestanding signs will need to be setback at least fivefeet from the property lines. The proposed monument sign is eightfeet in height and two square feetin width with a sign area of 3.75 square feet each on two sides. It is adequately set back from Norell Avenue. The monument sign is required to be landscaped at the base. Wall Signage. The Zoning Ordinance would allow for three wall signs, each on a separate façade for the Popeyes building. The Ordinance would allowa total of 150 square feet of wall signage. The Planning Commission recommended one sign per façade be allowed, with the choice of the sign at the discretion of the Applicant if the total wall signage not exceed 150 square feet or 80 square feet per sign. If a sign is not placed on the rear façade, two signs may be placed on one of the facades. This recommendation is consistent with other sign approvals in the Highway 36 corridor. The fourth sign can be allowed through Conditional Use Permit/Planned Unit Development approvals. The proposed signs include: Front Elevation: Popeyes Louisiana Kitchen - 52.30 sq ft Poppy - 30.00 sq ft (approx.) Drive Thru Elevation: Popeyes - 32.25 sq ft Rear Elevation:No Sign Side Elevation: Love that Chicken - 90.66 sq ft Total: 205.21 sq ft (approx.) The sign plan as proposed will exceed the total of 150 square feet andthe Love that Chicken sign exceeds the 80 square feet per sign allowed by 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 Page 89 of 136 time of permitting.The signand order boardlighting 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. Architectural Guidelines. Transparency The Design Guidelines requires at least a 20 percent glass on ground floor, street facing facades. The Popeyesbuilding will feature glass of 28.4percent on the front side, the west elevation; 22 percent on the entranceside, the south elevation; 2.5 percent on the drive thru side, the north elevation; and0.8 percent on rear side, the east elevation facing Norell Avenue. The Planning Commission was not favorable to the original design of the rear façade facing Norell Avenue. The Applicant was asked to improve the appearance. The Applicant has provided minimal changes to the rear façade including a brick base. Here is the list from the Applicant’s architect related to revisions: EB-2 brick extended on both sides and rear elevations to create a distinct “base”; 1’-0” high EIFS cornice to create a distinct “top” (2” projection from the EIFS wall below); 1-2” EIFS control joint/reveals added to all facades as required by MFR and to create visual interest; Building height raised 2’-0” for the required RTU screening. The City Council should discuss the revisions and determine of the changes, especially at the rear façade are adequate. CONCLUSION / RECOMMENDATION Subject to the preceding review, City staff recommends approval of the following listed requests for a Popeyes at 13523 60th Street North, subject to the conditions that follow: Planned Unit Development - General Plan Conditional Use Permit for Drive Thru Restaurant and Signage Design Guidelines/Site Plan Review 1. The Planning Commission recommended, and the City Council approves the drive thru lane setback of five feet from the south property line. 2. The final plans for the menu boards, canopies and associated lighting shall be subject to review and approval of the City. Page 90 of 136 3. Any proposed directional signage shall be subject to review of the City and can only include the name and logo of the business. 4. The site plan shall be subject to review and approval of the Fire Marshal. 5. 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. 6. The Applicant shall provide a snowremoval plan or indicate if the snow will be hauled off site. 7. 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. 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 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 maximum height of the parking lot poles and fixtures is not to exceed 25 feet as per the Zoning Ordinance. 10. One wall sign per façade be allowed, with the choice of the sign at the discretion of the Applicant if the totalwall signage not exceed 150 square feet or 80 square feet per sign. Ifa sign is not placed on the rear façade, two signs may be placed on one of the facades. Revised plans shall be subject to City Staff review. 11. All signs, the order boards and canopies shall be designed to complywith the Zoning Ordinance requirements for internal illumination. 12. The monument sign shall be landscaped at the base. A plan shall be provided subject to City Arborist review and approval. 13. The Planning Commission recommended. and the City Council was favorable to the building design and building materials. Improvements with detailing and materials to the rear façade that faces Norell Avenue shall be subject to City Council review. 14. A bike rack should be identified on the site plan and placed on site. pc: Julie Hultman Page 91 of 136 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 FOR PLANNED UNIT DEVELOPMENT-GENERAL PLAN, CONDITIONAL USE PERMIT FOR DRIVE THRU RESTAURANT AND SIGNAGE, AND DESIGN GUIDELINES/SITE PLAN REVIEW FOR A POPEYES TH RESTAURANT AT 13523 60 STREET NORTH SHALL BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request fromLawrence BenBassett of Oak Park Chicken for a Planned Unit Development-General Plan, Conditional Use Permit for drive thru restaurant and signage, and Design Guidelines/Site Plan Review for a th Popeyes restaurant at 13523 60 Street North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: 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-4 Limited Business District that allows retail and restaurant development as a permitted use; and 4. The subject property is Lot 2, Block 1 of the Ridgecrest Oak Park Heights I th development at 60 Steet and Norell Avenue; and 5. The property was approved for a Planned Unit Development, Conditional Use Permit, Preliminary and Final Plat, and Design Guidelines/Site Plan review by the City Council on June 26, 2018; and 6. Lot 1, Block 1 of the Ridgecrest Oak Park Heights I was developed with a Panera Bread; and Page 92 of 136 7. The Applicants have requested development of the subject property for a Popeyes restaurant with a drive thru; and 8. City staff prepared a planning report dated June 2, 2022, reviewing the request; and 9. Said report recommended approval of the application, subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their June 9, 2022, 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 Lawrence BenBassett of Oak Park Chicken for a Planned Unit Development-General Plan, Conditional Use Permit for drive thru restaurant and signage, th and Design Guidelines/Site Plan Review for a Popeyes restaurant at 13523 60Street North affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The Planning Commission was favorable the drive thru lane setback of five feet from the south property line. 2. The final plans for the menu boards, canopies and associated lighting shall be subject to review and approval of the City. 3. Any proposed directional signage shall be subject to review of the City and can only include the name and logo of the business. 4. The site plan shall be subject to review and approval of the Fire Marshal. 5. 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. 6. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 7. 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. Page 93 of 136 8. All mechanicalequipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 9. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 ofthe Zoning Ordinance as it relates to lighting requirements. The maximum height of the parking lot poles and fixtures is not to exceed 25 feetas per the Zoning Ordinance. 10. One wallsign per façade be allowed, with the choice of the sign at the discretion of the Applicant if the totalwall signage not exceed 150 square feet or 80 square feet per sign. If a sign is not placed on the rear façade, two signs may be placed on one of the facades. Plans shall be provided to the City prior to the City Council meeting and subject to City Council review. 11. All signs, the order boards and canopies shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 12. The monument sign shall be landscaped at the base. A plan shall be provided subject to City Arborist review and approval. 13. The Planning Commission was favorable to the building design and building materials. Improvements with detailing and materials to the rear façade that faces Norell Avenue shall be provided to the City prior to the City Council meeting and subject to City Council review. 14. A bike rack should be identified on the site plan and placed on site. th Recommended by the Planning Commission of the City of Oak Park Heights this 9 day of June 2022. _______________________________________ David White, Chair ATTEST: _______________________________________ Eric A. Johnson, City Administrator Page 94 of 136 Page 95 of 136 Page 96 of 136 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 FOR PLANNED UNIT DEVELOPMENT-GENERAL PLAN, CONDITIONAL USE PERMIT FOR DRIVE THRU RESTAURANT AND SIGNAGE, AND DESIGN GUIDELINES/SITE PLAN REVIEW FOR A POPEYES TH RESTAURANT AT 13523 60 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request fromLawrence BenBassett of Oak Park Chicken for a Planned Unit Development-General Plan, Conditional Use Permit for drive thru restaurant and signage, and Design Guidelines/Site Plan Review for a th Popeyes restaurant at 13523 60 Street North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application 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-4 Limited Business District that allows retail and restaurant development as a permitted use; and 4. The subject property is Lot 2, Block 1 of the Ridgecrest Oak Park Heights I th development at 60 Steet and Norell Avenue; and 5. The property was approved for a Planned Unit Development, Conditional Use Permit, Preliminary and Final Plat, and Design Guidelines/Site Plan review by the City Council on June 26, 2018; and 6. Lot 1, Block 1 of the Ridgecrest Oak Park Heights I was developed with a Panera Bread; and Page 97 of 136 7. The Applicants have requested development of the subject property for a Popeyes restaurant with a drive thru; and 8. City staff prepared planning reports dated June 2, 2022, and July 22, 2022 reviewing the request; and 9. Said reports recommended approval of the application, subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their June 9, 2022, 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 OF THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from Lawrence BenBassett of Oak Park Chicken for a Planned Unit Development-General Plan, Conditional Use Permit for drive thru restaurant and signage, th and Design Guidelines/Site Plan Review for a Popeyes restaurant at 13523 60Street North 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 for approval with the following conditions: 1. The Planning Commission recommended, and the City Council approves the drive thru lane setback of five feet from the south property line. 2. The final plans for the menu boards, canopies and associated lighting shall be subject to review and approval of the City. 3. Any proposed directional signage shall be subject to review of the City and can only include the name and logo of the business. 4. The site plan shall be subject to review and approval of the Fire Marshal. 5. 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. 6. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 7. 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. Page 98 of 136 8. All mechanicalequipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 9. All light fixtures shall befull 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 maximum height of the parking lot poles and fixtures is not to exceed 25 feet as per the Zoning Ordinance. 10. One wall sign per façade be allowed, with the choice of the sign at the discretion of the Applicant if the total wall signage not exceed 150 square feet or 80 square feet per sign. If a sign is not placed on the rear façade, two signs may be placed on one of the facades. Revised plans shall subject to City Staff review. 11. All signs, the order boards and canopies shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 12. The monument sign shall be landscaped at the base. A plan shall be provided subject to City Arborist review and approval. 13. The Planning Commission recommended, and the City Council was favorable to the building design and building materials. Improvements with detailing and materials to the rear façade that faces Norell Avenue shall be subject to City Council review. 14. A bike rack should be identified on the site plan and placed on site. th Approved by the City Council of the City of Oak Park Heights this 26day of July 2022. _______________________________________ Mary McComber, Mayor ATTEST: _______________________________________ Eric A. Johnson, City Administrator Page 99 of 136 Page 100 of 136 Page 101 of 136 THIS PAGE INTENTIONALLY LEFT BLANK Page 102 of 136 Oak Park Heights Request for Council Action th Meeting Date July 26, 2022 Time Required: 5 Minutes _____________________ Agenda Item Title: Edible Cannibinoid – MN LAW Changes to MN STAT, 151.72 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): With the passage of changes to MN STAT. 151.72 regarding the sale of certain cannabinoid (CBD) products aka Edible Cannabinoid; and which took effect on July 1. Many cities are exploring ordinance amendments associated regulation of sale of such products – generally through licensure. There already is vast documentation that explains what these law changes are and what sellers may do under the new law. Enclosed is the general summary from the LMC. The new law does NOT enable the City to outright prohibit the sale of such items, but does offer options for the City – if it desires to regulate who mayengage insale of these - such as tobacco or liquor licensure and placing some limitations on exactlywhere these may be sold, such as gas stations or tobacco shops, etc. So the questions become: 1.Does City desire establish ordinances that regulate what parties may sellof such products – VERSUS remaining silent on the matter? (generally similar to tobacco and liquor). Considering that the City does require licensing of liquor and tobacco separate from each other; staff would suggest that any licensure would also be separated. 2.Where would the CIty Council envision the permitted sale of these products? Sale at liquor stores may already be prohibited. 3.Any license fees would need to be reasonably correlate to the enforcement and administrative costs associated with the permitting. Please give these matters some thought and Chief Hansen and the City Attorney will be able to speak in more detail at the 7/26/22 meeting. With some directionand discussion, City Staff can prepare some draft documentation for Council discussion and possible action in August 2022. Page 103 of 136 Page 104 of 136 Page 105 of 136 Page 106 of 136 Page 107 of 136 Page 108 of 136 Page 109 of 136 Page 110 of 136 Page 111 of 136 Page 112 of 136 Page 113 of 136 THIS PAGE INTENTIONALLY LEFT BLANK Page 114 of 136 Oak Park Heights Request for Council Action th Meeting Date July 26 2022 Time Required: 5 Minutes Agenda Item Title: Approval to Commence Hiring Process – Police Officer Agenda Placement New Business Originating Department/Requestor Chief of Police Steve Hansen Requester’s Signature Action Requested Approval to advertise and replace an upcoming vacant police officer position Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): One of our officers has accepted another police position with another metro area police agency and is expected to leave around September 1, 2022; possibly sooner pending their background process. Accordingly, the Police Department will have a vacant position for a full-time police officer position in late August/September of this year. Therefore, upon receiving their official two-week resignation I would like permission to implement the hiring process immediately and post for the available full-time position – versus waiting for the subsequent City Council Meeting. Page 115 of 136 THIS PAGE INTENTIONALLY LEFT BLANK Page 116 of 136 Oak Park Heights Request for Council Action th Meeting Date June 28, 2022 Time Required: 5 Minutes _____________________ Agenda Item Title: Extension for Special Event permit – Joe Dent Agenda Placement 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 MEMO Page 117 of 136 City of Oak Park Heights 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Phone (651) 439-4439 Fax (651) 439-0574 7/15/22 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Joe Dent Application - Timeline The City has received the attached request from Mr. Jim Leonard the owner of the property located at the th streetand Osgood Ave. - who rents space to JOE DENT – that provides paint-less NW corner of 60 dent removals. As this is an automotive use – per the City Zoning code 401.30. E.3 – such uses require a CUP (or at least an Interim use permit). However, as we know the community was hit bya hail-storm this year and several out of state operations have moved here to offer repairs. To date, the City has been able to accommodate such operations via a FREE – NO COST – Special Event Permit including the operations held in the Lowe’s parking lot(Farmer’s) and the Dent Repair services in the shop where Central Automotive was located. City Staff’sability to allow Special Event operations is limited to 50 calendar days per yea r and we have occasionally exceeded this timeline by a week or two over the years to accommodate certain things that were not known to cause issues or precedent. The Joe Dent facility has requested (SEE ATTACHED) that they be allowed to operate at this site though st November 1, 2022. This would certainly exceed the 50-day parameteras they established their operations in mid-June 2022 and is well beyond City Staff ability offer some limited extensions. Ideally, this would be best processed as an INTERIM USE PERMIT following a public hearing process – but given the nature of the Act of God – Hail storm – the request to provide an extension to Joe Dent for the sole purposes of Hail Damage Repair would seem reasonable. There are however some minor maintenance issues that remain unresolved at the site including 1.The removal of the crooked / damaged light pole at the SW corner of the property. 2.General site trimming and clean up at the SW corner of the property. Recommendation: st Approve extension for Joe Dent at the above property to expire on November 1, 2022 with no additional extensions permitted. On or prior to such data all operations shall cease and all signage and trailers removed from the property. Allowance of this purpose and/or its “automotive use” does not constitute or establish a “grandfathered” automotive use of the propertythat would otherwise require a Conditional Use Permit or other zoning compliance action. h , 2022 the two maintenance items noted above shall be address by the Owner – should Prior to August 31st they not be the JOE DENT facility must cease operations by 8/31/22and will be strictly enforced. Staff shall draft a PERMIT reflecting these approvals and conditions to be duly signed by the Applicants – Both Owner and tenant. Page 118 of 136 Page 119 of 136 THIS PAGE INTENTIONALLY LEFT BLANK Page 120 of 136 Oak Park Heights Request for Council Action Meeting Date July 26th, 2022 Time Required: 5 Minutes _____________________ Agenda Item Title:Oak Park Heights - Stillwater Crossing Shopping Center - Site Plan Review- 5950 Osgood Avenue North 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 Scott Richards, City Planner st 1.Planning Report – Dated July 21, 2022 2.Proposed City Council Resolution. Page 121 of 136 Page 122 of 136 Page 123 of 136 Page 124 of 136 Page 125 of 136 Page 126 of 136 Page 127 of 136 Page 128 of 136 Page 129 of 136 Page 130 of 136 Page 131 of 136 Page 132 of 136 Page 133 of 136 Page 134 of 136 Page 135 of 136 Page 136 of 136