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HomeMy WebLinkAbout11-28-06 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, NOVEMBER 28, 2006 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated fins es p.Department/Council.Liaison Reports 7: 5 m. II. . ..............._-.— A. Planning Commission B. Parks Commission C. ' Cable Commission D. Water Management Organizations E. Other Liaison/Staff reports 7:10 p.m. III. Visitors/Public Comment Recycling Award 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.) 7:10 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approval of City Council Minutes – November 14, 2006 (1) C. Approve Ordering Marked Police Patrol Vehicle (2) D. Approve Resolution for Renewal of 2007 Liquor, Tobacco and Amusement Licenses (3) E. Approve Change Order No. 2 and 3 for Miller Excavating, Inc. for Oakgreen Avenue Utility Improvement Project (4) F. Approve 2" a Payment for Oakgreen Ave. Utility Improvements (5) 7:15 p.m. V. Public Hearings None 7:15 p.m. VI. Old Business A. Autumn Hills Park Shelter – no attachments 7:30 p.m. VII. New Business A. Financial Assistance to Stillwater Student Council.(6) B. Goodwill Industries --- Conditional Use Permit/Site Review/Pre & Final Plat (7) C. Buffalo Wild Wings – Variance and Design Guidelines Deviation (8) D. Purchase Boom Mower – Kubota (9) 8:30 p.m. VIII. Adjournment Page 1 of 64 /, AN �1: Oak Park Heights Request for Council Action Meeting Date: November 28, 2006 Agenda ltem 'Fitle: Recycling Award Time: 0 nein. Agenda Placement Visitors/Public Comment Originating Department/Requestor Administration/.Iulie Johnson Requester's Signature Action Requested Receive information Background/Justification (Please indicate if ally previous action has been taken or if other public bodies have advised) ALP X- A$ 6F G/'sD , Mai 22- A- i� �� jcc-f a. /Qccyl. �,warcL W 1hnc1'. Th IS 2� /VoIr 9 THAIV1c r—A I c Page 2 of 64 v rt a 6 IL A 40 ,,/1 � c I. Oak Park Heights Request for Council Action Meeting Date November 28 2006 Agenda Item Title: Approve City Council Meeting Minutes --- November 14, 2006 `Time: 0 min. Agenda Placement Consent Originating Department/Requestor Administration/Julie Johnson Requester's Signature Action Requested ADvrove Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) Page 3 of 64 CITY OF OAK PARK HEIGHTS 6:30 P.M. TUESDAY, NOVEMBER 14, 2006 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Alle siance/A roval of AjZenda: The meeting was called to order at 6:30 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, McComber and Swenson. Staff present: Administrator Johnson, Police Chief Swanson, finance Director Idolst, City Attorney Vierling, City Engineer Postler, and City Planner Richards. Absent: Councilmember Doerr. Mayor Beaudet added "Order- to Show Cause" under Public Hearings. Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the Agenda as amended. Carried 4 — 0. The meeting was adjourned to closed session at 6:32 p.m. to discuss personnel issues. City Attorneys Vierling and Lammers, Mayor Beaudet, Councilmernbers Abrahamson, McComber and Swenson, City Administrator Johnson and Finance Director- I Iolst were present. The Council received a summary of issues and provided comments on the matter. No other action was taken during the closed session. The regular meeting reconvened at 7:10 p.m. IL Depailment/Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the Planning Commission met on Novernber 9"'. Two public hearings were held, one for a variance for Buffalo Wild Wings and the other for construction of a Goodwill store. The next meeting will be held on December 14"i. B. Parks Commission: Councilmember Abrahamson reported that the Parks Commission is working on a survey to get community input on Swager Park and noted that construction is continuing at a slow pace at the Autumn ]fills Park Shelter. C. Cable Commission: Councilmember Swenson stated that there is nothing to report. D. Water Management Organizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix did not have a quorum for a meeting in October. The next meeting will be held on December 14"' at 7:00 p.m. at the Washington County Conservation District Office. 1:. Other Liaison/Staff Reports Councilmember Swenson noted that Jonathan Nye was present in the audience and thanked Mr. Nye for Page 4 of 64 City Council Meeting; Minutes November 14, 2006 Page 2of5 participating in the candidate forum held in the recent election and for conducting; a positive campaign. City Administrator Johnson reported that the Autumn hills Park Shelter is progressing slowly. III. Visitors/Public Comment: o Valerie .Tones, Community Volunteer Service, described the organization's serviced, mission and goals and asked for the City's support. o Jonathan Nye, 5862 Oxboro Avenue North, thanked the residents who supported him in the past election. Mr. Nye stated that lie was impressed with the support he received and congratulated Councilmcmbers Abrahamson and Swenson on their re-election. Recycling Award. Administrative Secretary Johnson reported that Phillip & Jane Bidon of 5790 Ncwgate Avenue North were chosen to receive the recycling award. IV. Consent Agenda: A. Approval of Bills & Investments B. Approval of City Council Minutes .W October 24, 2006 C. Approve Resolution Releasing a Real Property Covenant/Restriction D. Approve Updated Resolution 06-08-38 Changing the Name of Novak Ave. to Norwich Ave. E. Approve 4"' Payment Request to Burschville Construction, Inc. for Novak Ave. to Norwich Ave. F. Approve Change Order No. 1 for Miller Excavating, Inc. for Oakgreen Avenue Utility Improvement Project Councihneinber McCoinber, seconded by Councilmember Swenson, moved to approve the Consent Agenda as presented. Doll call vote taken. Carried 4 --- 0. V. Public Hearings: Order to Show Cause Police Chief Swanson reviewed the circumstances of a liquor license violation that occurred in May of 2006 when a minor was observed purchasing alcohol at Liquor Time in Oak Park Heights. Liquor "time owner Robert Cartwright addressed the Council, explaining; that the same individual had purchased liquor for several months with identification stating he was 21 years old. Mr. Cartwright stated that he stopped asking for Page 5 of 64 City Council Meeting Minutes November 14, 2006 Page 3 of 5 identification once the individual became a regular customer. Mr. Cartwright also reported that the natter is pending in court. Chief Swanson stated that the minor did not have any identification when lie was arrested for purchasing alcohol. Attorney Vierling noted that the City's civil fine is independent of the criminal matter. Mayor Beaudet, seconded by Councilmember McComber, moved to levy a $500 civil fine against Liquor Tune for a first offense violation for selling alcohol to an underage person. Carried 4 — 0. VI. Old Business A. Accountant Position City Administrator Johnson reported that twenty two applications were received for the Accountant position. Of those twenty two, eight were invited to take a skills test and six accepted the invitation. The top three candidates were interviewed and the hiring committee came to a consensus to offer the position to Roxanne Mendoza. Councilmember Swenson, seconded by Councilnlcniber McComber, moved to offer the Accountant position to Roxanne Mendoza as recommended by the hiring committee. Carried 4 _. 0. City Administrator .Johnson noted that there is an outstanding issue concerning the process previously outlined by the City Council for terminating the current position Utility Billing clerk position and commencing the new Accountant position. Mayor Beaudet, seconded by Councilmember McComber, moved to authorize staff to determine the timing for ending the Utility Billing position and beginning the Accountant position. Carried 4 -- 0. B. Adopt Comprehensive Plan Work flan City Planner Richards reported that the Metropolitan Council requires that the Comprehensive Plan be revised every ten years. Planner Richards reviewed the proposed work plan for the City's Comprehensive Plan update, noting that work would begin in January and be completed in September or October of 2007. Mayor Beaudet suggested a kick off meeting be held including the City Council and the Planning Commission. Councilmember McComber, seconded by Councilmember Abrahamson, moved to accept the Comprehensive Plan work plan. Carried 4 — 0. Page 6 of 64 City Council Meeting Minutes November 14, 2006 Page 4 of S VII, New Business A. Phone Service Quotes Finance Director I-lolst reviewed quotes received for reducing the City's cost for telephone service and recommended changing from Qwest to McLeod. Mayor Beaudet, seconded by Councilmember Swenson, moved to accept the finance Director's recommendation for a change in telephone service providers. Carried 4 — 0. 13. Onyx Waste Services Councilmember McComber stated that recycling is not always picked up by Onyx and trash cans are left in the street. Councilmember McComber, seconded by Councilmember Abrahamson, moved to direct the Administrator to send a letter to Mayo Rude at Onyx requesting an improvement in service. Carried 4 — 0. C. Washington County Recycling Grant Councilmember McComber noted that a recent article in the Courier News stated that Oak Park Heights residents are meeting and exceeding; goals for recycling;. Councilmember McComber, seconded by Councilmember Abrahamson, moved to direct the City Administrator to send a letter to the Washington County Board after January 1" requesting reinstatement of the recycling grant and mentioning the wheelage tax. Carried 4 — 0. D. Board of Appeals Hearing Clear Channel Request City Attorney Vierling stated that the attorney representing Clear Channel has advised that Clear Channel is withdrawing its claim. VIII. Closed Session Councilmember McComber, seconded by Councilmember Swenson, moved to adjourn to closed session to review litigation against the State of Minnesota Department of Transportation concerning the municipal consent process. Carried 4 --- 0. Page 7 of 64 City Council Meeting Minutes November 14, 2006 Page 5 of 5 The meeting was reconvened after bolding a closed session with the City Attorney. Mayor Beaudet, Councilmembers Abrahamson, McComber and Swenson and City Administrator Johnson were present. Attorney Vierling provided information on legal strategy during the closed session. No other action was taken. IX. Ad'o� urnment Councilmember Swenson, seconded by COUnCilmember McComber, moved to adjourn at 8:17 p.m. Carried 4 -- 0. Respectfully submitted, .Julie Johnson Administrative Secretary Page 8 of 64 Approved as to Content and Dorm, David Beaudet Mayor Oak Park Heights Request for Council Action�C.) `Ufa Meeting Date November 28, 2006 Agenda Item Tide New Vehicle Purchase Time Required I min. Agenda Placement Consent Agenda Originating Department Re uestor Police Dept./Chief Lindy Swanson Requester's Signature _n, -§_,� Action Requested Approve Ordering Marked Police Patrol Vehicle Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). We just received our 2007 Ford Crown Victoria which was ordered in Feb/2006. Rue to uncontrollable issues at Ford Motors, this vehicle was delayed by several months of the expected delivery date. We are scheduled to order another police patrol vehicle in 2007. This vehicle will be a 2007 Ford Expedition to replace our 2003 Ford Expedition. I have received a Gov't pricing quote from Superior Ford for this vehicle at $24,503.00 This purchase has been included in the previously approved 2007 police dept. budget. I request authoriza- tion to place. this order now with delivery to be anytime after 01/01/07. I have been advised that if I order now I can accept delivery in February/2007. S:1 SHARED \ Forms \CO UNCIL ACTION REQ UEST. doc Page 9 of 64 Oak Park Heights Request for Council Action Meeting Date November 28 2006 Agenda Item Title —Approve Resolution for Renewal of 2007 Liquor, Tobacco and Amusement Licenses Time Required Agenda Placement Consent Originating Department/Requestor Finance -- Judy Holst Deputy Clerk Finance Director Requester's Signature Action Requested Approve.Resolution renewing 2007 Liquor, Tobacco and Amusement Licenses Background/ Justification (Please indicate any previous action, financial implications including budget information and recommendations). Resolution with attached Exhibit A listing licenses for renewal will be distributed before Council meeting. Page 10 of 64 Oak Park Heights Request for Council Action Meeting Date August 22 2006 Agenda Item Title Approve Change Order No. 2 and 3 for Miller Excavating, Inc. for Oakgreen Avenue Utility Improvement Project Time Required Agenda Placement Consent Originating Department/Requestor Finance -Judy Holst, Deputy Clerk/Finance Requester's Signature Action Requested Approve Chane Orders No. 2 and 3 for Miller Excavating, Inc. for Oakgreen Avenue Utility Improvement Project Background/ Justification (Please indicate any previous action, financial implications including budget information and recommendations). Two Change Orders have been submitted for the Oakgreen Avenue Utility Improvement Project. Change Order #2 is for additional foot of aggregate backbill and extra common excavation. Change Order #3 provides for additional work for excavation, hand digging and working around conflicts with several buried private lines. Copies of the Change Orders are attached. Page 11 of 64 Owner: City of Oak Park Heights, 14168 Oak Park Blvd, Oak Park Heights, MN 550 Date November 21, 2006 Contractor: Miller Excavating, Inc„ 3636 Stagecoach Trail North, Stillwater, MN, 55082 Bond Company: Granite Re Inc, ,14001 Quail Plaza Dr, Oklahoma City, OK, 73134 Bond No: GRMN25435A CHANGE ORDER NO. 2 OAKGREEN AVENUE UTILITY IMPROVEMENT PROJECT BRA FILENO. 000055-05139-0 Description of Work This Change Order provides for additional work whereby F & K Excavating, Inc. bad to locate and connect to the existing sanitary sewer stub located north of MH -I. The existing sanitary sewer stub was located approximately 14` away from the expected design location. The additional work entailed more excavation, hand digging, and working around conflicts with several buried private utilities. F & K Excavating, Inc. removed and replaced a 24" CMP culvert. Tbis culvert was in conflict with the construction of MH -1. No. Item Unit Contract Quantity Unit Price Total Amount CHANGE ORDER NO. 2 1 REMOVAL AND REPLACEMENT OF 24" GMP CJLV LS 1 $1,995.00 $1,995.00 2 EXISTING STUB TIE-IN TO 8" SDR -26 SANITARY SE LS 1 $2,376.00 $2,376.00 TOTAL CHANGE ORDER NO. 2: V,371.00 Page 12 of 64 5505139-0 C110:.xls v Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion. (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: MILLER EXCAVATING, INC, Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. Page 13 of 64 5505139-0 CH02-As Date: $145,162.00 $15 -AO -7-455 $4,371.00 Approved by Owner: . CITY OF OAK PARK HEIGHTS Date Owner: City of Oak Park Sleights, 14168 Oak Park Blvd, Oak Park Heights, MN 55082 Date November 21, 2006 Contractor: Miller Excavating, Inc., 3636 Stagecoach Trail North, Stillwater, MN 55082 Bond Com any: Granite Re Inc, 14001 Quail Plaza Dr, Oklahoma City, OIC 73134 Bond No: GRMN25435A CHANGE ORDER NO. 3 OAKGREEN AVENUE UTILITY IMPROVEMENT PROJECT BRA FILE NO. 000055-05139-0 Description of Work Miller Excavation constructed an additional foot of aggregate backfill for the entire length of Oakgreen Avenue. The subgrade material was unsuitable and required the additional foot of aggregate backfill as well as extra common excavation. Contract Tint No. Item Unit Quantity Price CHANGE ORDER NO.3 1 ADDITIONAL ONE FOOT OF SAND AND COMMON EXCAVATION TS 1 ######## TO'T'AL CHANGE ORDER NO. 3: Page 14 of 64 5505139-0 C OIXIs Total Amount $8,439.85 $8,439.85 Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Tithes: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: MILLER EXCAVATING, INC. I/'t C Cafi Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. Page 15 of 64 5505139-0 CH03.als Date: $145,162.00 $15;6fl7-�5- v, $8,439.85 $1-6q;�0q-:70 Approved by Owner: CITY OF OAK PARK HEIGHTS Date pl� EE Oak Park Heights'` Request for Council Action Meeting Date November 28 2006 Agenda Item Title Approve 2nd Payment for Oak Teen Ave. Utility Improvements Agenda Placement Consent Originating Department/Requestor Finance - Judy Holst, Deputy Clerk/Finance Director Requester's Signature Action Requested Approve 1 st pqyment request to Miller Excavating, Inc. for Oakgreen Ave. Utilit Improvements Background/ Justification (Please indicate any previous action, financial implications including budget information and recommendations). See attached memo and pay request. Page 16 of 64 CITY OF OAK PARK HEIGHTS Memo To: Mayor and Council From: Judy Holst, Deputy Clerk/Finance Director Date: November 21, 2006 Re: Oakgreen Ave. Utility Improvements Payment Request Please accept for the November 28`x' Council meeting agenda the attached request for payment to Miller Excavating, Inc.. in the amount of $13,977.82 for the second payment for Oakgreen Ave. Utility Improvement Project. The payment has been approved by engineering and reviewed by the Finance Department. The project is 96% complete. The Finance Department recommends approval of this payment. Thank you.. Page 17 of 64 sones#raa Rosene ;' Anderllk & Assoia#es Engineers & Arcl jrects Dwner: City of Oak Park Heights 14168 Oak Park Blvd Oak Park Heights MN 55 Date: November 21, 2006 =or Period: 10!612006 to 11/21/2006 Request No: 2 3ontractor: Miller Excavating, Inc., 3636 Stagecoach Trail North, Stillwater, MN 55082 CONTRACTOR'S REQUEST FOR PAYMENT OAKGREEN AVENUE UTILITY IMPROVEMENT PROJECT BRA FILE NO, 000055-05139-0 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC Approved klq Contractor: MILLER EXCAVATING, INC. Specified Contract Completion Date.- Page ate: Page 18 of 64 550:1139-o Rii Q2.x[s $ 145,162.00 $ 15,607.85 $ 0,00 $ 160,769.85 $ 154,719.55 $ 0.00 $ 154,719.55 $ 7,735.98 $ 146,983,57 $ 133,005.75 $ 0.00 2 $ 13 977.82 Approved by Owner: CITY OF OAK PARK HEIGHTS Date: 55051?9.0 RE42.xls Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 - SITE PREPARATION: 1 MOBILIZATION LS 1 5000.00 1 $5,000.00 2 TRAFFIC CONTROL LS 1 5000.00 1.08 $5,400.00 3 REMOVE BITUMINOUS PAVEMENT SY 1868 2,50 1975 $4,937.50 4 SALVAGE MAIL BOXES, INSTALL AT TEMPORARY LOCATION, REINSTALL AT ORIGINAL LOCATION EA 5 100.00 8 $800.00 5 SALVAGE AND REINSTALL SIGN EA 4 100.00 5 $500.00 6 SAWING BITUMINOUS PAVEMENT LF 50 3.00 74 $222.00 7 REMOVE AND REPLACE BITUMINOUS DRIVEWAY SY 85 17.00 57 $969.00 8 TREE PRUNING LS 1 1000.00 1 $1,000.00 9 REMOVE EXISTING TREE EA 3 200.00 3 $600.00 10 DITCH CLEARING LS 1 2000.00 1 $2,000.00 TOTAL PART 1 - SITE PREPARATION: $21,428.50 PART 2 - SANITARY SEWER: 11 CONNECT TO EXISTING SANITARY SEWER 8" PVC PIPE EA 2 300.00 2 $600.00 12 8" PVC SANITARY SEWER, SDR 35, 10'-15' DEEP LF 45 35,00 73 $2,555.00 13 8" PVC SANITARY SEWER, SDR 26, 10'-15' DEEP LF 20 33.00 20 $660.00 14 8" PVC SANITARY SEWER, SDR 26, 15'-20' DEEP LF 555 40.00 591 $23,640.00 15 8" DIP SANITARY SEWER, CL. 52,10'-15' DEEP LF 30 40.00 20 $800.00 16 4' DIAMETER SANITARY MH, 8' DEEP, INCL R-1642-8 CSTG & HDPE ADJ RINGS EA 4 2200.00 4 $8,800.00 17 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 33.2 150.00 4.57 41.48 $6,222.00 18 8" DIP OUTSIDE DROP INLET PIPE LF 6 220,00 3 6.35 $1,397.00 19 8" PVC PLUG EA 1 200.00 1 $200.00 20 CLOSED CIRCUIT TV INSPECTION LF 660 1.75 $0.00 21 IMPROVED PIPE FOUNDATION LF 660 4.00 $0.00 TOTAL PART 2 - SANITARY SEWER: $44,874.00 PART 3 - WATER MAIN: 22 CONNECT TO EXISTING 8" WATER MAIN EA 1 400.00 1 $400.00 23 6" DEP WATER MAIN, CLASS 52 LF 5 40.00 5 $200.00 24 8" DIP WATER MAIN, CLASS 52 LF 45 30.00 46 $1,380.00 25 6" GATE VALVE AND BOX EA 1 800.00 1 $800.00 26 INSTALL HYDRANT EA 1 2300.00 1 $2,300.00 27 8" X 6" TEE EA 1 300.00 1 $300.00 28 8" PLUG FA 1 100,00 1 $100.00 29 6" FITTING RESTRAINT EA 2 50.00 3 $150.00 30 8" FITTING RESTRAINT EA 3 65.00 3 $195.00 31 IMPROVED PIPE FOUNDATION LF 45 4.00 $0.00 TOTAL PART 3 -WATER MAIN: $5,825.00 PART 4- STREET IMPROVEMENTS: 32 COMMON EXCAVATION (P) CY 1125 5.75 -611 1125 $6,468.75 33 AGGREGATE BACKFILL TN 1535 5.95 -828 1535 $9,133.25 34 AGGREGATE SHOULDERING, CLASS 2 TN 50 16,00 33 $528.00 35 AGGREGATE BASE, CLASS 5 TN 1125 8.90 1253 $11,151.70 36 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 370 47.50 319 $15,152.50 37 TYPE MV 3 WEARING COURSE MIXTURE (E) TN 245 57,50 230 $13,225.00 38 BITUMINOUS MATERIAL FOR TACK COAT GAL 95 2.00 150 $300.00 39 PREPARATION OF BITUMINOUS SASE FOR WEAR PAVING LS 1 3300.00 1 $3,300.00 40 4" DOUBLE SOLID LINE, YELLOW EPDXY LF 700 1.00 950 $950.00 41 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 1555 5.00 1240 1240 $6,200.00 42 SILT FENCE, REGULAR LF 1550 2.00 287.5 $575.00 TOTAL PART 4 -STREET IMPROVEMENTS: $66,984.20 CHANGE ORDER NO. 1 1 SANITARY SEWER SERVICE TO 5770 OAKGREEN AVENUE LS 1 2797.00 1 1 $2,797.00 TOTAL CHANGE ORDER NO. 1: $2,797.00 CHANGE ORDER NO.2 1 REMOVAL AND REPLACEMENT OF 24" CMP CULVERT AT 60 STREET CT AND OAKGREEN AVENUE ENTRANCE LS 1 1995.00 1 1 $1,995.00 2 EXISTING STUB TtE-IN TO 8" SDR -26 SANITARY SEWER LS 1 2376.00 1 1 $2,376.00 TVageFlaGIf 64DER NO. 2: $4,371.00 55051?9.0 RE42.xls No. Item CHANGE ORDER NO.3 1 ADDITIONAL ONE FOOT OF SAND AND COMMON EXCAVATION TOTAL CHANGE ORDER NO. 3: TOTAL PART 1 - SITE PREPARATION: TOTAL PART 2 - SANITARY SEWER: TOTAL PART 3 - WATER MAIN: TOTAL PART 4 - STREET IMPROVEMENTS; TOTAL CHANGE ORDER NO. 3: TOTAL CHANGE ORDER NO. 3: TOTAL. CHANGE ORDER NO, 3: TOTAL WORK COMPLETED TO DATE Page 20 of 64 505139.0 RF02.rls Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LS 1 8439.85 1 1 $8,439.85 $8,439.85 $21,428.50 $44,874.00 $5,825.00 $66,984.20 $2,797.00 $4,371.00 $8,439,85 $154,719.55 PROJECT PAYMENT STATUS OWNER CfTY OF OAK PARK HEIGHTS BRA PILE NO. 000055-05139-0 CONTRACTOR MILLER EXCAVATING, INC. CHANGE ORDERS No, Date Description Amount 1 10/30/2006 This Change Order provides for additional work on this project. See Change Order. $2,797.00 2 11/21/2006 This Change Order provides for additional work on this project. See Change Order. $4,371.00 3 11/21/2006 This Change Order provides for additional work on this project. See Change Order. $8,439.85 Total Change Orders $15,607.85 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 09/01/2006 10/05/06 133,005.75 7,000.30 140, 006.05 2 10/06/2006 11/21/06 13, 977.82 7,735.98 154, 719.55 Material on Hand Total Pa mentto Date $146,983.57 Original Contract $145,162,00 Retainage Pay No. 2 7,735.98 Change Orders $15,607.85 Total Arnount Earned $154,719.55 Revised Contract $160,769.85 Page 21 of 64 5505139-0 REQ2.xis 0 ENGLOSURF Oak Park Heights Request for Council Action Meeting Date November 28"', 2006 Time Required: 3 Minutes Agenda Item Title: Financial Assistance to Stillwater Student Council Sponsored Events Agenda Placement New Business Originating Department/Requestor Mayor Beaudet Requester's Signature Action Requested Discussion Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Discuss the possibility of providing an annual fixed amount to the Stillwater High School Student Council to pay for required police services at Student Council sponsored functions. Page 22 of 64 f5. .. �k ENC -Los RE Oak Park Heights Request for Council Action Meeting Date November 28"',.2006 Time Required: 10 Minutes Agenda Item Title: Goodwill Industries — Conditional Use Permit 1 Site Review/ Pre & final Plat Review Agenda Placement Originating Department/RegdWr � F Yo nson, City Admini Requester's Signature Action Requested Background/Justification (Pl indicate if any previous action has been taken or if other public bodies have advised): Please See Attached from Scott Richards: 1. Planner's Report -10125106 (attachments can be found in your Nov. planning packet) 2. Final Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution (please see below) Please note that at this time the City is not able to vacate the public right-of-way (cul-de-sac) as it is part of the Oakgreen Village plat. This Plat has not bee recorded, meaning this cul-de-sac area does not legally exist. Staff recommends that any final consideration of the resolution be delayed until such time as this plat has been recorded / approved by the County. Meeting notices have indicated that the Council will consider this issue on 11/28106, however the final decision can be delayed until future meetings and will re wire the preflaration of a second resolution to deal with this vacation. Page 23 of 64 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4f.3OO 0son Mernoriai Highway, 102, G( lden Valley, €V€N 1564212 Telephr_ ne: 76:3,231,2555 Facsirn le.: 763.231.2561 PLANNING REPORT TO: Eric Johnson FROM: Kimberly Holien DATE: October 25, 2006 SUBJECT: Goodwill Conditional Use Permit, Preliminary and Final Plat, and Site Plan Review CASE NO: 798.02-06.09 60 DAY DEADLINE: December 3, 2006 Goodwill Industries has submitted an application for a Conditional Use Permit, Preliminary and Final Plat, and site and building plans for the construction of a 20,300 square foot retail facility with a drive -up donation center. The subject site is known as Outlot A of Oakgreen Village. The site is 2.47 acres in area and is zoned B-4, Limited Business. Attached for Reference: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K ANALYSIS Applicant Narrative Existing Conditions Preliminary and Final Plat Layout Plan Grading Plan Utility Plan Landscape Plan Memo from City Arborist dated October 24, 2006 Lighting Plan Preliminary Floor Plan Color Elevations Comprehensive Plan. The Comprehensive Plan guides the subject site for commercial land use. Therefore, the proposed retail and donation center is in compliance with the Comprehensive Plan. Page 24 of 64 1 Zoning. The subject site is zoned B-4, Limited Business. The purpose of the B-4, Limited Business District is to provide a district accommodating retail sales, service and office functions in a highly planned and coordinated area. The proposed retail use is a permitted use in the B-4 District. The proposed drive -up donation center is a conditional use, and requires the approval of a Conditional Use Permit. Plat. The applicant is also requesting preliminary and final plat approval for the site. The subject site is currently known at Outlot A of Oakgreen Village. The subdivision ordinance prohibits any construction on outlots. Therefore, the applicant is platting the parcel as Lot 1, Block 1 of Oakgreen Village. In conjunction with the platting process, the applicant is proposing to vacate the existing Nova Scotia Avenue Court N right-of- way, and install a private drive for access. A public hearing notice has been published for the street vacation. Staff is concerned with the inclusion of Outlot A on the proposed plat. It appears as though it may be more appropriate to combine this outlot with Outlot C, or include as part of Lot 1, Block 1. The applicant shall be required to demonstrate the necessity of Outlot A, or combine it with an existing lot or outlot. As demonstrated in this report, the overall plat appears to meet all lot and setback requirements, and is consistent with the intent of the B-4 District, and the Comprehensive Plan. Acceptance of the plat is subject to the approval of the City Council. If the final plat is approved by the City Council, the applicant must record it with the Washington County Recorder within 100 days after said approval. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. Conditional Use Permit. The purpose of a conditional use permit is to provide the City with a reasonable degree of discretion when determining the suitability of certain uses upon the general welfare of the public. In making this determination, City staff and officials should consider the nature of the adjoining land or building, whether or not a similar use is already in existence and located nearby, traffic generation and all other factors as the City may deem appropriate in determining the effect of the proposed use on the public's health and safety. More specifically, Section 401.30 E of the Zoning Ordinance conditionally permits drive- in establishments within the B-4 District, provided that: 1. 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. All buildings shall comply with the City's Design Guidelines. Comment: The proposed retail building will be consistent with the design standards of the B-4 District and will be comparable to surrounding buildings in Page 25 of 64 the area. 2. At the boundaries of a residential district, a strip of not less than ten feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. Comment: The site abuts residential uses to the east and a residential subdivision is proposed to the south. A 40 -foot landscaped yard is proposed to the east, and a stormwater pond is proposed by others to the south. The City Arborist has reviewed the landscape plan and recommended that the applicant increase the number of trees on the east side of the site and spruce sizes should be increased to 8-10 feet in height, as opposed to the 6 -foot Black Hills Spruce proposed. 3. Each light standard island and all islands in the parking lot landscaped or covered. Comment: The proposed landscape plan indicates that each island will be adequately landscaped. 4. Parking areas shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. Comment: As stated above, the site currently abuts residential uses to the east. The City Arborist has reviewed the landscape plan and recommended additional plantings to increase the density of the landscape on the eastern perimeter of the site. Additional dense plantings will provide more adequate screening from the residential properties to the east. 5. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. Comment: The parking area and driveways are proposed to be curbed and paved with bituminous surfacing. 6. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 401.15.F. of this Ordinance and shall be subject to approval of the City Engineer. Comment: One access to the site will be provided by a private driveway off Nova Scotia Avenue N. In order to accommodate this private drive, the applicant is proposing to vacate the existing Nova Scotia Avenue Court N cul-de-sac. Said vacation will be addressed through the platting process. 7. 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 401.15.13.7. of this Ordinance. Page 26 of 64 Comment. The applicant is proposing "shoe box" style lighting fixtures with 90 - degree cutoffs, directing all light downward. The maximum mounting height of all poles shall be 25 -feet. The lighting on the exterior of the building will consist of full cutoff wall packs. Section 401.15.B.7 of the Zoning Ordinance states that any source which casts light on the adjacent property shall not exceed .4 footcandles, as measured from the property line. The applicant has submitted a photometric plan indicating that the proposed light source in the northwest corner of the site will exceed this limit, with readings up to .6 footcandles at the property line, adjacent to the existing building to the north. Measures shall be taken to reduce the amount of light in this area within the parameters of the ordinance. 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. Comment: The applicant has submitted grading and drainage plans. The Oakgreen Village pond area is located to the south of the site. The site plan indicates an expansion of this ponding area to accommodate the site. All plans are subject to the City Engineer's approval 9. The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. Comment: The parking area and drive aisles will be surfaced with bituminous paving, which is suited to control dust. All surfacing plans are subject to the approval of the City Engineer. 10.All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. Comment: The submitted building elevations indicate a wall sign on the front of the building and a freestanding monument sign. The monument sign is located at the entrance to the site, on the northwest side of the private drive. The sign is setback approximately ten feet from the property line, satisfying the minimum requirement for signs_ Total allowable sign area for businesses in the B-4 District is 100 square feet or 15% of the front building fagade up to 300 square feet. The front fagade of the building is 2,730 square feet, allowing the maximum 300 square feet of signage for the site. The maximum number of wall signs on any principal building shall be two and in all cases, each sign shall be placed on a separate building facade, with or without street frontage except as allowed for multiple occupancy buildings in Section. Businesses in the B-4 District are allowed one freestanding sign up to 100 square feet in area and 20 feet in height. The proposed wall sign is approximately 75 square feet in area. The proposed Page 27 of 64 monument sign is 48 square feet in area and eight feet in height, for a total of 123 square feet of signage. The amount of signage proposed is within the parameters of the ordinance. Prior to the erection of any signage on the site, a sign permit must be obtained, subject to City staff approval. 11.The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. Comment: The applicant has submitted the necessary information for the processing of the proposed CUP. However, pursuant to Section 401.03.A.8 of the Zoning Ordinance, the applicant may be required to provide additional Information as deemed necessary by City Staff or officials. Outdoor Storage/ Donations After Hours. In addition to the conditional use permit requirements, staff recommends that the applicant address the issue of drop-offs after regular donation hours. The applicant shall post signage near the entrance to the donation bay containing donation hours and language to deter patrons from disposing of items after these designated hours. Additionally, no outdoor storage will be allowed. Lot and Setback Provisions. As shown in the table below, the proposed building meets the required lot area and setback standards for the B-4 District: Building Design. The submitted elevations indicate a one story building 20,300 square feet in area. The facade materials are proposed to be a combination of utility face brick, single score burnished CMU, and EIFS, with a prefinished metal cap. The colored elevations illustrate a combination of brown/red tones with neutral accent colors. The proposed building will have a slightly varied roofline and implement stepping back of various portions of the fagade to add visual interest. The proposed building is consistent with the City's Design Standards. However, staff is concerned with the color of the overhead doors at the donation drive - up and loading dock, and the service doors. All doors are proposed to be white or cream in color, and do not blend with the tones proposed for the rest of the building. Staff recommends that the overhead and service doors be painted to match the remainder of the building. Samples of proposed building materials will Commission and City Council meetings. & Commission and City Council approval. Page 28 of 64 be provided by the applicant at the Planning id materials are subject to Planning Required Proposed Lot Area 15,000 sq. ft. 107,593 sq. ft. Front Yard Setback 40 feet 94 feet Side Yard Setback 10 feet 82 feet Rear Yard Setback 20 feet 42 feet Building Design. The submitted elevations indicate a one story building 20,300 square feet in area. The facade materials are proposed to be a combination of utility face brick, single score burnished CMU, and EIFS, with a prefinished metal cap. The colored elevations illustrate a combination of brown/red tones with neutral accent colors. The proposed building will have a slightly varied roofline and implement stepping back of various portions of the fagade to add visual interest. The proposed building is consistent with the City's Design Standards. However, staff is concerned with the color of the overhead doors at the donation drive - up and loading dock, and the service doors. All doors are proposed to be white or cream in color, and do not blend with the tones proposed for the rest of the building. Staff recommends that the overhead and service doors be painted to match the remainder of the building. Samples of proposed building materials will Commission and City Council meetings. & Commission and City Council approval. Page 28 of 64 be provided by the applicant at the Planning id materials are subject to Planning Access. As stated above, the applicant is proposing to vacate the existing Nova Scotia Avenue Court N right-of-way and install a private drive for access. The site will maintain frontage on Nova Scotia Ave N, as required by the City's subdivision ordinance. The proposed drive is 24 feet wide with a 40 -foot right-of-way. The proposed drive is wide enough to accommodate two lanes of traffic, and all turning radii appear adequate to support trucks. Boulder retaining walls are proposed on either side of the drive. Said retaining walls are not expected to have an impact on the required sight triangle. Overall, the proposed driveway design appears sufficient to accommodate the site. Parking. The site plan indicates a 20,300 square foot building, comprised of retail/office space, and a receiving area. As such, individual parking calculations have been performed for each section, excluding the donation drive -up. The required number of parking stalls for each section is provided below: A total of 84 spaces have been proposed, including four handicapped stalls. As such, the parking requirement for the site has been satisfied. All parking meets the ten foot setback requirement for the district. A loading dock is proposed in the northeast comer of the building, intended for truck parking. Said parking may be utilized for extended periods of time. Staff recommends that no vehicle be allowed to remain in the loading dock for more than 48 hours. Landscaping. A landscape plan has been submitted and reviewed by Planning staff and the City Arborist. The general review of the plan was favorable. The Arborist stated that the plant species and cultivars proposed are, for the most part, hardy, attractive, and relatively free of insect or disease problems, site problems, or maintenance issues. However, in a memo dated October 24, 2006, the arborist notes concerns with the Pink Spires and Spring Snow plantings, which are both susceptible to apple scab. The Arborist recommends replacing these cultivars with an alternate species, unless the applicant has been satisfied with these species in the past, and has not had problems with apple scab. Staff is also concerned with the proposed plantings on the east side of the site, adjacent to the residential townhomes. The landscape plan indicates 6 foot Black Hills Spruce trees in this area. In order to screen the proposed building more effectively, the spruce sizes should be increased to 8-10 feet in height. The number of plantings shall also be increased in this area to create a more significant buffer. Page 29 of 64 Requirement Area --Spaces Required Retail/Office 1 space per 200 sq. ft. of floor area --14,800 74 Receiving 1 space per 1,500 sq. ft. of floor area —5,114 4 TOTAL 78 A total of 84 spaces have been proposed, including four handicapped stalls. As such, the parking requirement for the site has been satisfied. All parking meets the ten foot setback requirement for the district. A loading dock is proposed in the northeast comer of the building, intended for truck parking. Said parking may be utilized for extended periods of time. Staff recommends that no vehicle be allowed to remain in the loading dock for more than 48 hours. Landscaping. A landscape plan has been submitted and reviewed by Planning staff and the City Arborist. The general review of the plan was favorable. The Arborist stated that the plant species and cultivars proposed are, for the most part, hardy, attractive, and relatively free of insect or disease problems, site problems, or maintenance issues. However, in a memo dated October 24, 2006, the arborist notes concerns with the Pink Spires and Spring Snow plantings, which are both susceptible to apple scab. The Arborist recommends replacing these cultivars with an alternate species, unless the applicant has been satisfied with these species in the past, and has not had problems with apple scab. Staff is also concerned with the proposed plantings on the east side of the site, adjacent to the residential townhomes. The landscape plan indicates 6 foot Black Hills Spruce trees in this area. In order to screen the proposed building more effectively, the spruce sizes should be increased to 8-10 feet in height. The number of plantings shall also be increased in this area to create a more significant buffer. Page 29 of 64 As the project moves forward, the landscape plan shall be accompanied by a plant legend and planting detail. A list of trees which are being removed, including their species and size, will also be needed to calculate any tree replacement required for this project. Snow Storage. Adequate space for snow storage shall be provided on the site so as not to reduce the required minimum number of parking spaces. The location of snow storage is not indicated on the site. However, six excess parking stalls are provided, and the site appears to be large enough to accommodate any snow storage needs. Grading, Drainage, and Utilities. All grading, drainage, and utility plans are subject to review and approval by the City Engineer. RECOMMENDATION/CONCLUSION Regarding the preliminary and final plat for Lot 1 Block 1 of Oakgreen Village, and a Conditional Use Permit for a donation drive -up for Goodwill Industries, the City has the following options: 1. Motion to approve the preliminary and final plat and conditional use permit, based on a finding that the proposed lot satisfies the performance standards of the B-4 District, and all conditions of approval have been met, subject to the following conditions: a. The landscape plan shall be revised to provide additional plantings along the east property line, as well as Spruce trees of 8-10 feet. b. The lighting plan shall be revised to reduce all measurements in the northwest former of the site to .4 footcandles. c. Light poles shall not exceed 25 feet in height. d. Building materials are subject to approval of the Planning Commission and City Council, based on sample materials to be provided at the respective meetings. e. Signage posting the hours of operation shall be posted at the entrance to the donation bay, as well as language to deter after hours drop-offs. f. No vehicles shall remain in the loading dock for more than 48 hours. g. All grading, drainage, and utility plans are subject to review and approval by the City Engineer 2. Motion to deny the preliminary and final plat and conditional use permit, based on a finding that the proposed lot does not meet the performance standards of the B-4 District, and the proposed use is not consistent with the intent of the B-4 District. Page 30 of 64 The proposed use appears to the consistent with the requirements of the B-4 District, and the Zoning Ordinance contains a provision to allow the proposed drive through use. As such, staff recommends approval of the preliminary and final plat, and conditional use permit for a drive -up facility for Goodwill Industries, subject to the conditions outlined above. Page 31 of 64 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 GOODWILL INDUSTRIES FOR A CONDITIONAL USE PERMIT, PRELIMINARY AND FINAL PLAT AND SITE AND BUILDING PLANS FOR THE CONSTRUCTION OF A 209300 SQUARE FOOT RETAIL FACILITY WITH A DRIVE UP DONATION CENTER ON PROPERTY KNOWN AS OUTLOT A OF OAKGREEN VILLAGE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Goodwill Industries for a conditional use permit, preliminary and final plat and site and building plans for the construction of a 20,300 square foot retail facility with a drive Lip donation center on property known as Outlot A of Oakgreen Village; 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: SIFT; ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of., the following items: SII ATTACHMENT B and 3. The proposed site is 2.47 acres and zoned B-4, Limited Business District; and 4. Drive through facilities require a conditional use permit in the; B-4 District; a preliminary/final plat will be required as well as a vacation of Nova Scotia Court North; and 5. City staff prepared a planning report dated October 25, 2006 reviewing the request; and 6. The planning report dated October 25, 2006 recommended that the requests be approved with conditions; and Page 32 of 64 7. The Planning Commission held a public hearing at their November 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED I3Y THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Goodwill Industries for a conditional use permit, preliminary and final plat and site and building plans for the construction of a 20,300 square foot retail facility with a drive up donation center oil property known as Outlot A of Oakgreen Village and affecting the real property as follows: SLE ATTACIIMEN`T' A Be and the same as hereby recommended to the City Council of the City of Oak Park I leights for approval with the following conditions: The applicant shall file the final plat for Oakgreen Village prior to City Council approval of the Goodwill Industries application. 2. The landscape plan shall be revised to provide additional planting along the north and cast property lines to include spruce trees of 8 to 10 feet. The plan shall also be revised to provide screening plantings on the south property line. The revised plan shall be subject to review and approval of the City Arborist. 3. The lighting plan shall be revised to remove the parking lot light in the northeast corner of the site. The parking lot light in the northwest corner shall be lowered to a total height not to exceed 18 feet. All lighting fixtures shall comply with the Zoning Ordinance requirements of full cut off and fixture height. 4. Site lighting shall be dinned or shut off one hour after store closing. Minimum lighting for site safety or security shall be maintained. 5. The Planning Commission approves the building design and materials based upon the sample materials presented at the November 9, 2006 meeting. 6. Signage posting the hours of operation shall be placed at the entrance to the donation building, as well as language to deter after hours drop offs. 7. Delivery, unloading and drop offs shall be limited to 9:00 AM to 8:00 PM, Monday through Friday, 9:00 AM to 5:00 PM on Saturday and 11:00 AM to 5:00 PM oil Sunday. Utilization of audible back up moving devices shall not be used on site 11'a reasonable OSHA approved alternative exists. 8. Snow shall be stored in the northeast corner of the site according to a plan to be approved by City staff. Page 33 of 64 2 9. The applicant shall provide detailed plans of the trash compactor and recycling area for the site. If the compactor is to be placed outdoors, a plan for screening and specifications on noise generation shall be provided prior to City Council review. 10. All grading, drainage and utility plans are subject to review and approval by the City Engineer. 11. All signage shall require a sign permit and shall be compliant with the Zoning Ordinance and Design Guidelines requirements. Recommended by the Planning Commission of the City of Oak Park I leights this 9`" day of November 2006. Mike Runic, Chair AT'T'EST: Eric A. Johnson, City Administrator Page 34 of 64 3 Attachment A Washington County GEO Code: Part of 05-029-20-11-0040 Legal Description: Part of Unrecorded Oakgreen Village Plat Within Area current Known as Tract A RLS #114 Physical Address: Unassigned Page 35 of 64 ATTACHMENT B Conditional Use Permit, Preliminary & Final Plat Review Goodwill Industries Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets120 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) Meeting With City Staff Upon Application Submittal: October 25, 2006 Planning Commission Public Hearing & Recommendation: November 9, 2006 Required Approvals: CUP City Council 415 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 36 of 64 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 GOODWILL INDUSTRIES FOR A CONDITIONAL USE PERMIT, PRELIMINARY AND FINAL PLAT AND SITE AND BUILDING PLANS FOR THE CONSTRUCTION OF A 20,300 SQUARE FOOT RETAIL FACILITY WITH A DRIVE UP DONATION CENTER ON PROPERTY KNOWN AS OUTLOT A OF OAKGREEN VILLAGE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Goodwill Industries for a conditional use permit, preliminary and final plat and site and building plans for the construction of a 20,300 square foot retail facility with a drive up donation center oil property known as Outlot A of Oakgreen Village; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of Oak Park Heights makes the following findings of fact and resolution: The real property affected by said application is legally described as follows, to wit: SBE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Con-imunity Development Department consisting of the following items: SET ATTACI IMBN`I' B and The proposed site is 2.47 acres and zoned I3-4, Limited Business District; and 4. Drive through facilities require a conditional use permit in the B-4 District; a prelilhhinarylfinal plat will be required as well as a vacation of Nova Scotia Court North; and City staff prepared a planning report dated October 25, 2006 reviewing the request; and 6. 'rhe planning report dated October 25, 2006 recommended that the ip gWt3tb fjRoved with conditions; and 7. The Planning Commission held a public hearing at their November 9, 2006 meeting, took comment,,; from the applicants and public, closed the public hearing, and recommended that the application be approved 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 by Goodwill Industries for a conditional use permit, preliminary and final plat and site and building plans for the construction of a 20,300 square foot retail facility with a drive up donation center on property known as Outlot A of Oakgreen Village and affecting the real property as follows: SCE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park I leights with the following conditions: 1. The applicant shall file the final plat for Oakgreen Village prior to City Council approval of the Goodwill Industries application. 2. The landscape plan shall be revised to provide additional planting along the north and east property lines to include spruce trees of 8 to 10 feet. The plan shall also be revised to provide screening plantings on the south property line. The revised plan shall be subject to review and approval of the City Arborist. 3. The lighting plan shall be revised to remove the parking lot light in the northeast corner of the site. The parking lot light in the northwest corner shall be lowered to a total height not to exceed 18 feet. All lighting fixtures shall comply with the Zoning Ordinance requirements of full cut off and fixture height. 4. Site lighting shall be dimmed or shut off one hour after store closing. Minimum lighting for site safety or security shall be maintained. 5. Tine City Council approves the building design and materials based upon the sample materials presented at the November 28, 2006 meeting. 6. Signage posting the hours of operation shall be placed at the entrance to the donation building, as well as language to deter after hours drop offs. 7. Delivery, unloading and drop offs shall be limited to 9:00 AM to 8:00 PM, Monday through Friday, 9:00 AM to 5:00 PM oil Saturday and 11:00 AM to 5:00 PM on Sunday. Utilization of audible back up moving devices shall not be used on site if a reasonable OSHA approved alternative exists. Page 38 of 64 2 S. Snow shall be stored in the northeast corner of the site according to a plan to be approved by City staff. 9. The applicant shall provide detailed plans of the trash compactor and recycling area for the site. If the compactor is to be placed outdoors, a plan for screening and specifications on noise generation shall be approved by the City Council. 10. All grading, drainage and utility plans are subject to review and approval by the City Engineer. 11. All signage shall require a sign permit and shall be con pliant with the Zoning Ordinance and Design Guidelines requirements. Approved by the City Council of the City of Oak Park Heights this 28th day of November 2006. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator Page 39 of 64 3 Attachment A Washington County GEO Code: Part of 05-029-20-11-0040 Legal Description: Part of Unrecorded Oakgreen Village Plat Within Area current known as Tract A RLS #114 Physical Address: Unassigned Page 40 of 64 ATTACHMENT B Conditional Use Permit, Preliminary & Final Plat Review Goodwill Industries Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets120 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'1150' from subject property) Meeting With City Staff Upon Application Submittal: October 25, 2006 Planning Commission Public Hearing & Recommendation: November 9, 2006 Required Approvals: CUP City Council 415 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 41 of 64 pENCLOSURE Oak Park Heights Request for Council Action Meeting Date November 2$1t' 2006 Time Required: 10 Minutes Agenda Item Title: Buffalo Wild Wings. --Variance/Design Guidelines Deviation(Oak Park Commons) Agenda Placement Originating Requester's Signature Action Requested Considered A Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please See Attached from Scott Richards: 1. Planner's Report -10/27106 (attachments can be found in your Nov. planning Packet) 2. Recently Received Correspondence from Buffalo Wild Wings. 3. Final Planning Commission Resolution (unsigned) 4. Proposed City Council Resolution Page 42 of 64 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 7E33-231,2555 Facsimile: 763.231 .2561 planners ners@nacplanning.com TO: Eric Johnson FROM: Scott Richards DATE: October 27, 2006 RE: Oak Park Heights — Buffalo Wild Wings at Oak Park Commons: Sign Variance and Requested Deviation from Design Guidelines FILE NO: 798.02 — 06.08 BACKGROUND Representatives of Lawrence Sign, on behalf of Buffalo Wild Wings, have made application for a sign variance and deviation from the Design Guidelines for a new store location at 5991 Norwich Avenue North in the Oak Park Commons shopping center. The sign variance request would be to allow three wall signs versus the two that are allowed by ordinance. Two of the requested wall signs would exceed the allowable sign area and the color background would not be allowable under the Design Guidelines. The dashed line on the awnings would be considered a color wrap which is not allowed under the Design Guidelines. The property is zoned B-4, Limited Business District. Attached for reference: Exhibit 1: Site Location Map Exhibit 2: Variance Request Letter, Steve Rutkowski, October 6, 2006 Exhibit 3: East Elevation Exhibit 4: North Elevation Exhibit 5: West Elevation Exhibit 6: Awning Details Exhibit 7: Parking and Window Signs ISSUES ANALYSIS Sign Variance. The applicant has proposed three wall signs on the east, north and west elevation. Section 401.15.G.1 OAA) indicates that: Page 43 of 64 "The number of individual wall signs shall be limited to one (1) per entrance, and each sign shall be limited to the maximum wall sign allowances permitted in the district. Tenants on building ends may have a maximum of two (2) signs, each to be located at the front and side elevations of the tenant space." The applicants have asked for three signs so that the business is identified on all visible sides from Highway 36. The building is highly visible from Highway 36 and is not obstructed from view by other buildings, topography or stands of trees. Section 401.15.G.16 of the Zoning Ordinance lists the criteria for granting variances from the sign regulations. Criteria. Additionally, the City Council shall make a finding of fact that an undue hardship or injustice exists if a variance was not granted and therefore, may grant such variations based upon consideration of the following- 1) ollowing: 1) That particular physical surrounding, shape, or topographical conditions of the specific parcel of land involved exist. 2) That the condition involved is unique to the particular parcel of land involved. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the Police and Fire Departments of the City. Based upon the above criteria, there is no hardship that would justify the granting of this variance. As indicated, the location of Buffalo Wild Wings in this shopping center has maximum visibility from Highway 36. There are no unique circumstances or hardship that would apply to this request. Two wall signs will more than adequately serve to identify this business. Page 44 of 64 2 Two of the requested signs, on the east and north elevations, are illuminated logo cabinet signs on a yellow background. The yellow background is a corporate identification color and would be considered as part of the wall sign. The Zoning Ordinance allows for a total of 300 square feet of wall signage. The north elevation sign is 190 square feet, the east elevation is 190 square feet, and the west elevation is 44 square feet. The requested signage is 424 square feet. A variance would be required to allow this amount of signage for Buffalo Wild Wings. Design Guidelines. The Design Guidelines specify that the primary exterior building color shall be soft, warm earth tones and that less than five percent of the building shall be primary or vivid colors. On the east elevation, the yellow color would constitute 10.4 percent of the building. On the north elevation, the yellow would be 11.8 percent of the building. The proposed yellow sign color far exceeds the allowable five percent of primary or vivid color. A variance for the sign size would be required as well as an allowance for deviating from the Design Guidelines. The Design Guidelines also prohibit building color wraps, neon and internally illuminated awnings. The color banding featured on the awnings would not be allowed nor would the color banding features on the railings for the outdoor seating area. The applicant has requested a deviation from the Design Guidelines to allow the corporate identification features. Staff would recommend against any deviation from the Design Guidelines to allow for the yellow color for the signage, and the color banding for the awnings and railings. The City has been very cautious in the past in deviating from these provisions. It is difficult to deny the next applicant the same or even more significant deviations if it has been previously allowed. The City Council may vary from the Design Guidelines through a resolution. It does not require a variance, conditional use permit, or other process. The City has specifically prohibited color fields or bands for buildings because of light, glare and visual distraction issues. There is no hardship specific to the building or location that could justify varying from that requirement. RECOMMENDATION AND CONCLUSION Based upon the analysis and review of the zoning criteria, staff recommends denial of the sign variances and Design Guidelines deviations for the signage, color fields and color bands for Buffalo Wild Wings. Page 45 of 64 3 Vo Nwwc 952 592 99&'S fo, 952 593 9787 N,nit?mher 21,2006 Nja.wr David Bowdel City ofOak Pod, liCigllk 1 -1 { 0' -,(.)al, Park 111v(I. N. Oak P�irk Heights, N1\ RE: Proposed Buffiflo Wild NVings GHII & Bar- Oak N Hi Commons Dear Mayor l3caudou (.)n helialfol'BulTalo Wild \'Viue.'s, Inc. I ant pleased to pose 11 to Me (_`hy Whk Pmk HcQhs ow phn" for develophig a new BuMdo "AW Whys, and Il ollight Or you and dw Cly (7owwH we Aqvnmwc of at:lncviilg our standard IlLinonal traLL.- dress and sigrm,,,;.e package. A� Y()[1 are "lWarc, we hcivan discussims "Oh the developer of Oak I'mt Commons- CSM Qoow, "ell Over One year ago. \Vperforriled in es"sk e maket and node arca rcvkw of We Wk Pak I QW, area, and ',ere very ullpressed \\ ilh lh� rate ol'i-n-owill and no\ devc1oplilem in the are1. A"e follo\�:d Us dm dilyawe "it so eml mmiths of One nyotjjljon�S' of the �4)re sj)ac(: and cxt0rW)T- inlage, and SWAT the pn1wed Agmqe ba the remmiram Or our CFO and Rod Emse Commown A ��rem d'al of livile, effort and expendinnvs was reconled The B"AV Ownud revo" pnwns is xTr.\ &hhcralc' and the ill lol-111'aitin we prepare is shared widi our cmnpnf s swAw management in lvhnrle'q)nljs every illonth, A( each step in 111c proccss, nlally 111leStiorIS al -C raised. and oaf time is spent oviowing We s"mye and image of the buddii, so as to ensure conArmance with our national inkie dress standards. I arri p4ned to report to you that ;)ending a successful ouwome 1wour sign and trade dress wiviann requests, "v an prepared to execute the One W inn c Awwmd " Kh Ow constnic6rig and opening this 10Caflojj in 2007. The item; orcrilicai imiNmiance to us in 00 pankuhm develoy"nit mn I ) We Bow kwo silk mue " A, yeIlow NJ lding E I FS and black S, \vhle highlight at be mom em ronce (Norlh ldevll ioll-'); 2) the Nanemall of as ThA snarl Or sign mi TQ Aim hViding ek"dow. ant 3) we use of ow h5cl, nd YcIlow Checkered window elements are aH pan of our mandni-d trad,: dress and repWSCnl h(M OLK CUS10111C)", ideillii ' v a Bu fMalo \Vild Wings location. A -'e are Wi I I ill.; 10 CLIVIIlIrOn)iSC 01t the size arld type ol'si.,ni proposed oil the Ablest huddin.,-, elo-alion. but helieve it i" \Cry importaill to help achieve the US o0minl recowriition necessary K) mvike this asuccessful new store locmoll. A,'e woidd he agreeable to cithoro smaller set of levers, without the -L"rill and har" add oil, ora sillall':1- H"1v hgo sign in place oflhe sign presented to the I'llonnOg ClimmisviNi. A'C 4)011 fOrWard 10 J SUCC(:sSfnl 1-cs'-dillion of lhcsc variance requests. and nicn in ior%\aj.d. �\ i1h 111c con"11-11(jiori of this projecl-Think ) ou for yom- anention, Sincerely, BUFFALO WILD WINGS, lN(. (me 11 Remus Dirwor of Real L".'Slatc a Page 46 of 64 faN W - U ? 2 N � = 5 a a w Y 2 z D m J Ldp Y r ,nazwaaaawu �ay� caio a�z aAL� LL m x x'�adacwpu¢�»pavgwzar°raj xwzo a�- mix Q 4V yN. Xu�gwoo��aazy�zwama rc? �Nxaaa�'na a-ax�wp x W J � Yz aN�x¢VlMpawavl 4'��w U a D m J �Q�awoazaawama ..Nwxp� zdvr��Ms-_a "'ozazM2sam-z x_cn ,nazwaaaawu �ay� caio a�z aAL� LL m x x'�adacwpu¢�»pavgwzar°raj xwzo a�- mix znz.s-ln-u a a T0.a-+LL a¢a-wwx 6YW�': yN. Xu�gwoo��aazy�zwama rc? �Nxaaa�'na a-ax�wp x W J � Yz aN�x¢VlMpawavl 4'��w U a R'i as5-3'-X�U aamax�wp� 4 v d VIwN Npp�-��2xzOUwrNNNy,M �u a Yt 4O V 4'i tt 4A[C4wLLzww¢z¢pa uwyFW�¢2 a 4in�xx N4U mz ¢TUa��6p`-�'N Yw�Z � z Z ° 0 ONw zm w > �w�a�xxzw7a❑p"xM"'arzw ha aapaa�NmT w 3w ¢ a pwaw�rasNw=,B x �aa3�uaaa¢tiwoupM'!'w auw. 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J aOwu Z EL Z OiL a2 m Li V) L4 �wp7+ Z W CO aQLLA 4 M[] qpLL a 3 N? v,..amtn O U � Z, ¢ m J Y �U �m J -;7 Q 4 �o ly, 0 � 1 J5, `[�1� {t.2 1L z 0 Al rr t� s.� i El �v W 0 u �u A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDATION TO THE CITY COUNCIL REGARDING THE REQUEST BY LAWRENCE SIGN ON BEHALF OF BUFFALO WILD WINGS, FOR SIGN VARIANCES AND DEVIATION FROM THE DESIGN GUIDELINES FOR A RESTAURANT LOCATION AT 5991 NORWICH AVENUE NORTH IN THE OAK PARK SHOPPING CENTER WHEREAS, the City of Oak bark Heights has received a request from 1,awrence Sign on behalf of Buffalo Wild Wings for sign variances and deviation from the Design Guidelines for a restaurant location at 5991 Norwich .Avenue North in the Oak Park Shopping Center; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 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: SEI: ATTACI1Ml-NT 13 and 3. The sign request would be to allow three signs versus the two that are allowed by the Sign Ordinance. Two of the requested wall signs would exceed the allowable sign area and the color background would not be allowable under the Design Guidelines. The color wrap proposed on the outdoor• seating area fence would also not be allowed under the Design Guidelines. 4. City staff prepared a planning report dated October 27, 2006 reviewing the request; and 5. The planning report dated October 27, 2006 recommended against approving the sign variances and deviation from the Design Guidelines. 6. The Planning Commission held a public hearing at their November 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: Page 53 of 64 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 by Lawrence Sign on behalf of Buffalo Wild Wings for sign variances and deviation from the Design Guidelines for a restaurant location at 5991 Norwich Avenue North in the Oak Park Shopping Center and affecting the zeal property as follows: SEE ATTAC14MENT A Be and the same as hereby recommended to the City Council of the City of Oak Park I-leights as follows: Sign Variance 1. The Planning Con-unission recommends that the request for a sign variance to allow a total of three wall signs and to exceed the square footage allowance for wall signage be denied in that there is no hardship as related to visibility from adjacent roadways. Design Standards 2. The Planning Commission recommends deviation from the Design Guidelines as follows: a. The black awnings shall be allowed and will not count against the total allowance for primary or vivid colors as specified in the Design Guidelines. b. "The dashed color band on the awnings shall be permitted. C. The decorative color bands on the outdoor seating railings shall not be allowed. d. The black, white and yellow colors proposed on the building fagade shall be considered as signage and counted against the permitted allowances. Recommended by the Planning Commission of the City of Oak Park 1-leights this 91" day of November 2006. Mike Runk, Chair ATTEST: Eric A. Johnson, City Administrator Page 54 of 64 Attachment A Washington County GEO Code: 05-029-20-12-0046 Legal Description: Within Lot 4, Block 1, Oak Park Commons Physical Address: 5991 Norwich Ave. N. Page 55 of 64 .N. T ■ M rankuP P� Sign Variance & Deviation From Design Guidelines Buffalo Wild Wings — 5991 Norwich Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets120 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'1150' from subject property) Conference With City Staff Upon Application Submittal: October 25, 2006 Planning Commission Public Hearing & Recommendation: November 8, 2006 Required Approvals: VARIANCE City Council 415 Variance - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 variance. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval, (401.04.C.4.1 and 2) Page 56 of 64 RESOLU'T'ION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESO'T'A A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL REGARDING THE REQUEST BY LAWRENCE SIGN ON BEHALF OF BUFFALO WILD WINGS, FOR SIGN VARIANCES AND DEVIATION FROM THE DESIGN GUIDELINES FOR A RESTAURANT LOCATION AT 5991 NORWICH. AVENUE NORTH IN THE OAK PARK SHOPPING CENTER WHEREAS, the City of Oak Park Heights has received a request from I,awrencc Sign on behalf of I3uffalo Wild Wings for sign variances and deviation from the Design Guidelines for a restaurant location at 5991 Norwich Avenue North in the Oak Park Shopping Center; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the sign variances be denied and the request for Design Guidelines deviation be partially approved. The City Council of the City of Oak Park heights makes the following findings of fact: The real property affected by said application is legally described as follows, to wit: SLE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of'the following items: SFE AJ'TACHM1:-,X1" B and 3. The sign request would be to allow three signs versus the two that are allowed by the Sign Ordinance. 'l'wo of the requested wall signs would exceed the allowable sign area and the color background would not be allowable under the Design Guidelines. The color wrap proposed on the outdoor seating area fence would also not be allowed under the Design Guidelines. 4. City staff prepared a planning report dated October 27, 2006 reviewing the request; and 5. The planning report slated October 27, 2006 recommended against approving the sign variances and deviation from the Design Guidelines. 6. The Planning Commission held a public hearing at their November 9, 2006 meeting, took comments frons the applicants and public, closed the public hearing, and Page 57 of 64 recommended that the sign variances be denied and the request for Design Guidelines deviation be partially approved. NOW, THEREFORE, BE IT RESOLVED 13Y THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS TUAT THE CITY COUNCIL RESOLVES `I HE FOLLOWING: A. The application submitted by Lawrence Sign on behalfof'Buffalo Wild Wings for sign variances and deviation from the Design Guidelines fora restaurant location at 5991 Norwich Avenue North in the Oak Park Shopping Center and affecting the real property as follows: SEI -.s ATTACHMENT A Be and the same as hereby resolved by the City Council of the City of Oak Park lleights as follows: Sign Variance 1. The City Council denies the request for a sign variance to allow a total of three wall signs and to exceed the square footage allowance for wall signage be denied in that there is no hardship as related to visibility from adjacent roadways. Design Standards 2. The City Council approves deviation from the Design Guidelines as follows: a. The black awnings shall be allowed and will not count against the total allowance for primary or vivid colors as specified in the Design Guidelines. b. The dashed color band on the awnings shall be permitted. C. The decorative color bands on the outdoor seating railings shall not be allowed. d. `fhe black, white and yellow colors proposed on the building f tirade shall be considered as signage and counted against the permitted allowances. Approved by the City Council of the City of Oak Park Heights this 28`x' day of November 2006. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator Page 58 of 64 2 Attachment A Washington County GEO Code: 05-029-20-12-0046 Legal Description: Within Lot 4, Block 1, Oak Park Commons Physical Address: 5991 Norwich Ave. N. Page 59 of 64 ATTACHMENT B P� Sign Variance & Deviation From Design Guidelines Buffalo Wild Wings — 5991 Norwich Ave. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets120 11 X1 7 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) Conference With City Staff Upon Application Submittal: October 25, 2006 Planning Commission Public Hearing & Recommendation: November 8, 2006 Required Approvals: VARIANCE City Council 4/5 Variance - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 variance. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.04.C.4.1 and 2) Page 60 of 64 Oak Park Heights Request for Council Action Meeting Date November 28 2006 Agenda Item Title Transfer Bud et and Purchase Boom Mower for Kubota Tractor Time Required Agenda Placement New Business Originating Department/Requestor Publjr, Norks Director/ Tom Ozzello Requester's Signature Action Requested Authorization to Transfer Budget and Proceed with Purchase Background/Justification During development of the 2006 budget in 2005, Public Works looked at work load and equipment needs to better discharge job duties. Among the items evaluated and researched was a boons plower to allow trail, tree and right of way tTinuning. It was thought that the major use for such equipment would be for brush and shoulder trimming along trails. Additional use would be for trimming along sewer, storm sewer and water service lines and trimming around stomp water ponds and the incoming and outfall structures in sloped and rough right of ways within the city. Original 2005 budget prices quotes were for a small, basic boom flail head mower (similar to a backhoe) that could be attached to the city's Kubota Tractor. Costs at that time for a basic unit for our tractor were $9000. It was assumed that part of the costs would be drawn from operating expenses in Parks, Streets, Street lighting and the various Utilities based on cost saving of not contracting out some of the city work. needed. Specifically we had allocated $1000 in Storm water for equipment rental to service storm water and, in the much larger parks, water and sanitary sewer funds, there is money allocated in contractual services and in equipment rental that would be saved by purchase rather than recurring contractor charges. In discussion with the Finance Director, I was reminded that the Council would need to authorize any request for transfer of operational budget money to Capital Equipment purchase money before we could request authorization to purchase this equipment. Equipment Discussion Upon pursuit of updated costs and options for this purchase, we found our original equipment selections are no longer available. The low cost option was a re -branded boom plower from an Italian manufacturer that is no longer readily available and is not supported for parts. Other options and expanded criteria were also added to our search and evaluation. We wanted to extend the reach of the boom to allow trail trimming as was contracted in Valley View this year and to clear brush and weed interference from storm water structures on the sloped areas of the storm water ponds. The previous units evaluated had minimal down reach (ability to extend down a hill to clear around a structure). We also wanted to find an option to trim along some of the "outside the fence line" areas south of Brekke and in the area west of the playground area at Swagger. We have also spent many days this year trimming back buckthorn, lilacs, brush and growth that is interfering with street signs, safe vision at intersections and around street lights, encroachment on streets and parks and weed control in right of ways. We found a unit from VMC Corporation we had evaluated last year (RBI 11) was now at the top of our list. Upon discussion with the manufacturer we found they had a new unit now available for order that has much better reach and balance, a wider mower head (42 inch instead of 36 inch) and can handle heavier (3 inch) brush and trees. The previous R13113 from the same company would have overburdened the weight handling of our tractor. The new unit (RB 114) we are recommending is built on the lighter weight frame of the 111, has better counterbalance of the extendable boom and conies with the desired 42 inch power head of the 113. This option was not available last year and is not yet fully featured oil tlPagel'myofw64site. Funding The City of Oak Park Heights Council allocated $7,000 in the 2006 Park's budget for this equipment purchase. Public Works had planted to allocate additional money from. Streets, Parks, Water and Sanitary Sewer operational budgets, out of equipment rental and/or contracted services, to meet the total cost. We assumed an additional 10% over our 2005 estimate for the purchase in 2006 or about $10,000 and would need about $1,000 per division. We did not originally seethe great use this unit would be for storm water pond service and did not originally plan on storm water allocation. That has been re- evaluated. Based on the current costs of available and acceptable equipment we would request Council authorize transfer from related and appropriate line items in various operational budgets to Capital Equipment Purchase, A list of operational cost line items and suggestions for transfer amounts to this purchase cost are listed below. These items were selected for the direct future savings that are anticipated by having appropriate equipment to maintain our infrastructure rather than hiring additional contracted services. Not only will we save contract service costs for storm water structure maintenance, street right of way clearing, trail clearing, and manhole and water access in off street locations, we will be finally able to make some gains in trimming back invasive growth both in and around parks, fences, streets, street lights and valuable growth trees. Bid evaluation and i-ecommeiidation Two vendor representatives responded to our Request for quotes for a boom mower to use on our Kubota tractor this spring, Carlson Tractor and Lano Equipment. Both independently selected and quoted the VMC compact rnowers as the best match for our needs and both recommended the RB1 I 1 as a better alternative than the 813110 we had used for budget purposes in 2005. The RB I I I has a longer reach and more powerful cutting head and would handle 2 inch brush rather than the 1 to 1 % inch limits of the RB 111. Selection and recommendation to the Council was delayed with significant work from several construction projects and the quotes required an update in case the prices had changed after 30 days. Public Works also contacted the Vendor (VMC Corporation) directly to clarify some of the weight, attachment and versatility issues. During this discussion the vendor mentioned the RBI 14 unit that was not available earlier this year and had not been described in their literature yet. With that information I contacted both Carlson and Lano and asked for updated costs and evaluation of the new RB 114 for our needs. Both companies affirmed the new unit as a better and more versatile unit for our needs and both have submitted new quotes (attached), Total costs from the two local representatives are $10,835.31 from Carlson Tractor and $11,651.10 from Lano Equipment, if Council is willing to transfer operational n-roney to Capital Equipment, we would strongly recommend the purchase of the VMC Corporation's RB 114 from Carlson Tractor for the amount of $10,835.31. We suggest Council authorize transfer- of budget frorn the following operational accounts to the existing $7,000 in Parks Equipment Purchase funds to allow the purchase of this piece of equipment. • $1,000.00 Storm Water — Equipment Rental — Allow brush control in ponds and on structure without the manual labor and backhoe rental, • $ 500.00 Water — Equipment Rental .-- Allow off street trimming around fire hydrants and right of way shut off valves to maintain access • $1,000.00 Street Lighting -- Clear growth around street lights and brush that limit desired visibility. • $1,000,00 Streets — Clear encroachment in right of ways, unrestrained hedges and bushes that interfere with stop sign and road intersection visibility and control buckthorn or other noxious weeds that have overgrown right of way tree lines • $ 335.31 Sewer — clear brush and junk tree starts around manholes in the ditches, right of ways, trails and abandoned roadways that will keep us from flushing, cleaning and televising sewer lines Attachments: Quote from Carlson Tractor and from Lano Equipment Similar equipment pictures and specification from VMC Corporate Website Page 62 of 64 11-15-06; 1:42PM;Car lson IracTor :3 a 2i 2 CARLSON TR—ACTOR & EQUIP CO. Tel 651-423-2222 Fax 651-423-4551 Hwy 3 & Cty Rd. 42 15125 5o Robert TrafE Rosemount, MN 56068 Tel 763-426-5498 Fax 763-428-5051 Norah of 1-94 on Hwy 101 (Rogers Exit) 14375 James Road Rogers, MN 55374 TO: City of Oak Parks Heights DATE: November 15, 2006 14168 Oak Park Boulevard N PHONE: 651-439-4439 Oak Park Heights, MN 55082 FAX: 651-439-0574 Model RB114 MOBILE: 651-485-3138 ATTENTION: Tom Ozzello SALESMAN: Fred Senger Here is our quotation on the goods names, subject to the conditions noted below QTY DESCRIPTION PRICE AMOUNT 1 VMC Compact Mowers Model RB114 It will cut up to 3 in. Per Manufacture Specs Horizontal Boom Reach 13 f#. Reach Up 16 ft. 4 in. Reach Down 7 ft. 5 in. Cutting Width 42 in. $10,174.00 add for sales tax QUOTE VALLD FOR DAYS To confirm order, sign and return acceptance copy CONDITIONS; The prices and terms on this quotation are not subject to verbal changes or other agreements unless approved in writing by the Home Office of the Seller. All quotations and agreements are contingent upon strikes, accidents, fires, availability of materials and all other causes beyond our control. Prices are based on costs and conditions existing on date of quotation and are subject to change by the Seller before final acceptance. Typographical and stenographic errors subject to correction. Purchases agrees to accept either overage or shortage not in excess of ten percent to be charged for pro -rata. Purchaser assumes liability for patent and copyright infringement when goods are made to Purchaser's specifications. When quotation specifies material to be furnished by the Purchaser, ample allowance must be made for reasonable spoilage and material must be of suitable quality to facilitate efficient production. Conditions not specifically staled herein shall be governed by established trade customs. Terms inconsistent with those state herein which may appear on Purchaser's formal order will not be binding on the Seller. Sales — Parts — Page 63 of 64 carlsontractor.com EQUAL OPPORTUNITY EMPLOYER Service Rental 11/17/2006 14:21 FAX 7634223949 LANG ANOKA X002/002 iMAWAF101 Esta fisW in 1946 Bobcat. o � movoo KlAoteiAi 6140 Hwy. 10 NW • Anoka, MN 553U3 • Phone 7631323.1720 • Fax 7631422-3949 , www,lanosqulp.com NAME y BUSINESS a ADDRESS CITY, STATE, ZIP PH # _ lD 3W lr�I= ,I CELL PH # FAX # _ /- y3y� qS 7 EMAIL WE ARE PLED TO QUOTE ON YOUR INQUIRY AS FOLLOWS: INQUIRY DATE 4 Aa TERMS DELIVERY 0 PRICES QUOTED ARE F.O.B.: Z4.4 0 QUANTITY DESCRIPTION PRICE AMOUNT �✓v � 3G� // Q U Subtotal Tax Fees Total QUOTED BY:. � h'- 'Qe y ACCEPTED BY: