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HomeMy WebLinkAbout08-28-07 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, AUGUST 28, 200'7 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.nn. 1. Call to Order/Pledge of Allegiance/Approval of A 7enda Estimated tinge& 7:05 p.m. I1. Department/Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Other Liaison/Staff reports 7:10 p.m. 111. Visitors/Public Comment Recycling Award (I) `chis is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda. (Please limit comments to 3 minutes in length.) 7:15 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — August 14, 2007 (2) C. Award Bid to St. Croix. Tree Service (3) D. Approve Autumn Hills Park Shelter Settlement Agreement (4) E. Accept Final Report from Buetow & Associates — City I Tall Space Needs and Facility Use Study (5) 7:20 p.m. V. Presentation Presentation by Jennifer Severson, Executive Director of the Greater Stillwater Chamber of Commerce, on the Possible Establishment of a Convention and Visitors Bureau and a related "room tax" V1. Public Hearings None 7:45 p.m. VII. Old Business A. Jerden LLC — Request for Comprehensive Plan Amendment, Conditional Use Permit, Sign Variance, Subdivision Replatting, Vacation of Existing; Utility and Drainage Easements and Site Plan/Design Guideline Review —To Allow the Development of Automobile Dealership Corner of 58'x' Street and Memorial Ave. (6) B. Street Improvements North of Highway 36, Brekke Park Parking Lot, Valley Page 1 of 96 City Council Agenda 8/28/07 View Entry and Parking Lot and Alleyway — Review and Award Bid. — infvrn?a1ion to he provided al council ineeting.following bid opening C. Water 'Power #1 Updated — Construction Commencement (7) 8:30 p.m. VIII. New Business A. Brenner Bank — Planned Unit Development; General Plan Review; Site Plan Review and Variances for Signage w/ Drive Thru Corner of 60°i Street and Nova Scotia Ave. (8) B. Approve Resolution Authorizing the Installation of Parking Restrictions on Oxboro Ave. N. (9) C. Approve Resolution Authorizing the Installation of an All -Way Stop at the Intersection of 62"" Street N. and Oxbora Ave. N. (10) D. Autumn I-lills Park Shelter — Ribbon Cutting / Dedication Event (11) 9:00 p.m. VIII. Closed Session A. Meeting with City Attorney — ]"ending Litigation Oak Park Heights vs. Secure Midi Storage B. Annual Performance Review — City Administrator 9:30 p.m. VIII. Adjournment Page 2 of 96 City Council Agenda 8/28/07 r, CLE Oak Park Heights Request for Council Action Meeting Date August 28, 2007 Time Required: 0 Agenda Item Title: Recycling Award Agenda Placement Visitors/Public Comment Originating Department/Requestor Administration Jennifer Thoen Requester's Signature Action Requested Approve Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) : Page 3 of 96 City Council Agenda 8/28/07 CITY OF OAK PARD HEIGHTS 14168 Oak Park Boulevard No. • P.O. I3ox 2007 • Oak Park Ileights, MN 55082-2007 • Phone: 651/439-4439 • lax: 651/439-0574 August 23, 2007 Mr. Ernest Beaudet 6432 Lookout Trail, N Oak Park Heights, MN 55082 Dear Mr. Beaudet: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, August 23, 2007 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 at your convenience to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Je ifer Thoen Administrative Secretary/Deputy Clerk Pa e4of96 I y ounce gen a 8728707 Tree City U.S.A. Oak Park Heights ENCLOSURE Request for Council Action Meeting Date August 28, 2007 Agenda Item...Approve City Council Minutes -- August 14, 200Time Required o Agenda Placement Consent Agenda Originating Department/Requestor Administration/Jennifer Thoen Requester's Signature Action Requested . Approve Minutes Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 5 of 96 City Council Agenda 8/28/07 CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, AUGUST 14, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councihnembers Abrahamson, Doerr and McComber. Staff present: City Administrator Johnson, City Attorney Vivian, City Planner Richards, Public Works Director Ojello, Police Chief Swanson, Deputy Police Chief DeRosier and Finance Director Holst. Absent: Councilmember Swenson and City Engineer Postler. Mayor Beaudet added "Approve 8"' payment request to Burschville Constructin, Inc. for Novak Ave. N. and Norwich Ave. N. Utility and Street Improvements" to Consent Agenda as Item r and "Approve') 1 Payment Request to Tower Asphalt, Inc. for the 2007 Trail & Parking Lot Improvements" to Consent Agenda as Item F. Mayor Beaudet removed New Business Item B from the Agenda. Councilmember McCornber, seconded by Mayor Beaudet, moved to approve the Agenda as amended. Carried 4-0. II. Department/Council Liaison Reports; A. Planning Commission: City Planner Richards reported that the last meeting of the Planning Commission was August 9, 2007. At that meeting they had two public hearings: one on Nova Scotia Avenue and one on Bremer Bank. He reported that the next scheduled Planning Commission meeting is September 13, 2007. Prior to that meeting on that date there will be a Comprehensive Plan Meeting to discuss the Transportation Plan. Mayor Beaudet reminded residents that there is an ordinance that your trash container be placed in an appropriate location that is not visible to the street. Councilmember McComber asked staff to place a reminder in the fall newsletter. B. Parks Commission: Councilmember McComber reported that the Parks Commission's last meeting was August 6, 2007. She reported that at that meeting they discussed the rental agreement for the Autumn Hills Park Shelter and the playground equipn-rent at Swager Park. Counclli-nember McComber reported that the next meeting of the Parks Commission is August 20, 2007. C. Cable Commission: Councilmember Doerr reported that the last meeting of the Cable Commission was .July 25, 2007. I -le stated that they discussed Page 6 of 96 City Council Agenda 8/28/07 City Council Meeting Minutes August 14, 2007 Page 2 of 4 the issue of employment. fie reported that two positions were advertised and that the commission expects make a hiring decision soon. He reported that one of the positions will be for Bayport and Stillwater meetings and the other position will be Oak Park Heights meetings and other work that conies up at the access center. Councilmember Doerr reported that the next Cable Commission meeting will be September 19, 2007. D. Water Management Or ),anizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix WMO's next meeting is September 13 at 7:00 p.m. at the Washington Conservation District Office. At that meeting they will be reviewing the water permit process. E. Other Liaison/Staff Reports: Mayor Beaudet provided a recap on Party in the Park and thanked the local businesses for their donations. City Administrator Johnson reported that the Autumn Hills Park Shelter is open and available for rental. TIL Visitors/Public Comment: Recycling.Award: Administrative Secretary Thoen reported that Britt and Karen Erickson of 5625 Oldfield Ave N. were selected as the recycling award winner. IV. Consent Alzenda: A. Approve Bills & hnvestments B. Approve City Council Minutes — July 24, 2007 C. Approve HLB Tautges Redpath, Ltd, Auditing Services for December 31, 2007 D. Approve Treasurer's Report E. Approve 8"' payment request to Burschville Constructin, Inc. for Novak Ave. N. and Norwich Ave. N. Utility and Street Improvements F. Approve 3rc1 Payment Request to Tower Asphalt, Inc. for the 2007 Trail & Parking Lot Improvements Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 4-0. V. Public Hearings: None VI. Old Business: None Page 7 of 96 City Council Agenda 8/28/07 City Council Meeting Minutes August 14, 2007 Page 3 of 4 VII. New Business: A. Safe & Sober Grant: Police Chief Swanson reported that the City of Oak Park Heights Police Department got together with Washington County and other entities to apply for a $100,000 Safe & Sober grant. He reported that the grant was approved and that the City of Oak Park Heights' portion is $8,000.00. Councilmember Doerr, seconded by Councilmember McComber, moved to approve the Resolution. Roll call vote taken. Carried 4-0. C. Public Works Director Ozzello presented the councilmembers with photos illustrating certain road conditions within the City. He stated that some areas have been in bad condition for quite a while and that the repair of those areas has been delayed for some time. He stated that the major concern is the area north of Highway 36. Councilmember McCoinber, seconded by Councilmember Doerr, moved to authorize staff to advertise for bids for repair on the northeast side of the City and the alley. Carried 4-0. Public Works Director Ozzello reported that lie will publish for bids in the paper by 10:00 a.m. on Wednesday, August 15'x' in order for the publication to be in 'Thursdays paper. Mayor Beaudet questioned whether the bids would be back for the August 28, 2007 City Council meeting. City Administrator Johnson stated he was concerned that the contractor would not be able to get the second phase of the repairs completed. He questioned whether they could be written up as separate bids for the first phase and the second phase of the repairs. Public Works Director Ozzello stated he will write up the request that way. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to amend that staff request more information regarding the cost of asphalt versus concrete for the streets. Councilmember Abrahamson asked that staff bring the 2005 memo from the City Engineer back to the council for review. Carried 4-0. City Administrator Johnson stated that if it is the position of the city council to reconstruct the streets, that the project be slated for 2008. VIII. Adjournment. Councilmember McComber, seconded by Councilmember Abrahamson, moved to adjourn the meeting at 7:45 p.m. Carried 4-0. Page 8 of 96 City Council Agenda 8/28/07 Respectfully submitted, Jennifer "1'hoen Administrative Secretary/Deputy Clerk City Council Meeting Minutes August 14, 2007 Page 4 of 4 Approved as to Content and Forum, David Beaudet Mayor Page 9 of 96 City Council Agenda 8/28/07 This Page Is Left Intentionally Blank. Page 10 of 96 City Council Agenda 8/28/07 'ENCLOSURE 3 Oak Park Heights Request for Council Action Meeting Date Au ug st 28, 2007 Agenda Item Award Bid to St. Croix Tree Service Time Required o Agenda Placement Consent Agenda Originating Department/Requestor Administration Requester's Signature Action Requested Award Bid to St. Croix Tree Service Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 11 of 96 City Council Agenda 8/28/07 F 14208 Oak Park Boulevard No. • P.O. Box 2007 . Oak Park Ileiblhis, MN 55082-2007 ° Photic: 651/4:39-4439 • Fn: 651/439-0574 Tree Plantin Quotes 8123107 To: OPH City Council Eric Johnson, OPH City Administrator From: Kathy Widin Arborist City of Oak Park Heights The following quotes (incl. plants, tax, labor and l -yr guarantee) were received recently from contractors for the planting of 19 new park and boulevard trees in the city: 1. St. Croix Tree Service - $6,483.72 2. Abrahamson Nursery - $6,811.50 Both companies have done satisfactory work for the city before; however, l recommend that St. Croix Tree Service be approved to do the work due to their lower quote. The planting will take place by Sept. 7, 2007. The planting costs will be paid out of the city's "Tree Planting Fund" which originates from tree replacement costs paid by developers. Page 12 of 96 Tree City U.S.A. FF 3M SST. CRO IX TREE SERV I CE PHONE NO. : 73.5 749 3465 Aug. 21 2007 01.54PM P3 .J ' Jd i . 4&Ek OF PARK HEIGHTS Boulemd No. • P.D. Sox 2407 ' Oak Park kel�ht$. MN 55082.2407 • Phone S531439-44.35 • rte: 55:/433•0574 est for ORMt Bo> ,Zd "free Planting - City of Oak Park Heights Please send q®oto (by tax or =U )to, Kathy Widia, A.rboriat City of Oak Park Rets (2d& as and fax above) Common Name Tree Specks/Cultivar Numbor size (e"Per inches) nw10 Amt zubrum x Acer saccharin= 2 2.0 in. B&B 'Auto= Blaxv' `A4t,4,,. , 66xd std�r plo Arc sacchw sm I 2.0 in. B&s wajew why ash americana 2 2:4;in.. tlaB °Attflunn Big2e' `Auiufnn Blaze' swag white ordc Quemuv bk'01or 3 2.0 >rs. B&B flaweari.ng cmb Manus spp. `pma i£r�e',� 9 (mix) rt. j� than swnm4{ , •Th�V1C'hiw7 Japtroe lilac Syrinp rerlcuI= 2 2.0 bL'B&B °Ivory Silk' ToW no. of i"rM = 19 itgNUt eMAjSdW J- PlafiAQ' to take plam list bYFw k A got (Aftor ln) esrr BrA wes k SVtember 2. All tx*" am rarw or repla,contnt boulevard or l trees S. Price al oubl incl odo a 3 yrw Zaraatee 4. Trrw a should bei 61andmapQ graW, riEr t, with 9wd form gyral wc$-placed se 2 fold braadim Trees to be pUMW rd ing to AAN &rad M (inaerzatlo" So,,- of Arborricaiture) Staidarde - spexify tv of root. mum to be piaawd avec with Murronading east, a ibtt0 k0or 0* p+aorfy draJMvd site% top of butUp and tw+ w to be removed oam tree Is In p1my tap tier of win b"ket Of prwwxtj Ww shafnid he curt out and r, moved; W voiaw ut backM wfi to he black dirt wined in w 4b wifivo acyl; top of root ball oav"with 9014 Yvaed eblp mulch to .be sodded a►rannd e.uh h irie ar pUn ing, 4 ia. deep in a 2 foot iradias from t mak. T rM to be gtre utW s6dght, vertical. S. tc #ftr phating --1 -pi-W EM!% SK e a�44 6. tomtexd and true le obon s marko by City bebm planftg Free City U. S.A. TOTAL P,02 Page 13 of 96 City Council Agenda 8/28/07 FROM : ST. CROIX TREE SERUICE PHONE NO. : 77.5 749 3465 Aug. 21 2007 01:53PM P2 St. Croix Tree Serv1ce5 Inc. := 675 Grupe St,, Roberts, Wl 54023 (WI) 715-749-3475 (MN) 651-770-3744 E-mail info@ stcroixtreeserviCe. oom Web site; www.stcroixireeservice.com r SalesDate: ,��-o ESTIMATE Go knead pk Name 04V or- k 19evk 8 AV; %A1 Call Notes: Address 11`116mak City state, zip HM #f ^ % LOP Wk # Cel#. Fax# _,,,_Tree Removal _Pruning _Stump Chipping _Brush Chipping —Hauling .._...,.Fertilizing, Transplanting Tree Planting _PHC Cabling ^Consultation Description of Work cos r.n n..P iylrlJ lP. �Llf i7 �?'r'�f Zrr "2J•"'.• - vAe ':vvo r✓ T;//<, Please see others' e for terms & conditions Special Conditions or Equipment. Call Ahead Meet Customer Estimated Job Time: Crow: BuCKet Start-Sto Loader Start -Stop: Loads: 910 or 917 Start -Stop: Initials: Stumper Start-Sto Initials: Customer's Signature Authorizing Work K Steles tax may°a Estima Please sign and return yellow copy to office to proceed with work FROM : ABRAHAMSON PHONE NO. : 6514394239 Rug. 18 2007 05:00Pr1 P1 To, state, Zip: Propose hereby to furnish material and labor - complete in accordance with specifications below, for PROPOSAL — ABRAHAMSON NURSERIES 2100 Tower Drive Scan Sa, Croix 5 3 Stillwater, MN 55082 Scar,dia, tv1N 55073 439-2140 433-2431 _ ..._ CITY OF OAK PARK HEIGHTS lor' t8-1$ 07 Ho Phone: k Phone. 436-5811 Pavrnent tO be made aS fnlf4WS: In full upon completion. All material b guaranteed to be as W,c,;f'cd. M work to be completed Ina workmarAlke manner amoutng to standard practices. Ivry alrnravoF from apecfice0or� befov+aivoh extrn costs zit be ex¢artecl w ly upon wn-V&n osdmm, and wW becorrre on extra charge aver and Above the e`3 - Von mate. Atl agreement% candngont upon strikes, accident; or delays beyond our oontrO, Owner m carry flee, tornado and other necessary irtvc+ranx. Otu LAUTHORIZED ra are U tovered 6 Workman's Com meabon Insimance. "T Note: This proposal may be withdrawn by us if MA iUR not accepted within 30 days. a) Any person or Company supplying labor or materiais for this improvement to your property may file a lien against your property if that person or oompany is not paid for the contributions. b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after comple- tion of the improvement unless we give you a lien waiver signed by persons who supplied awl lat>or or materials for the improvement and who gave you timely notice. WORM QTY' 2 leaseo to sut7mn u1n rU11UWr111 DESCRIPTION UTUMN BL/� MAPLE SIZE 2 1 2 3 SUGAR MAPLE UTUMN BLAZE ASH SWAMP WHITE OAK 2„ 2 2" 9 FL CRAB: PRAIRIFIRE, INDIAN SUMMER. THUNDERCHILD 2" 2 JAPANESE TREE LILAC 2 NOTE: SOME WILL BE 25 GAL INS -LEAD OF B&S MATERIALS, TAX, AND LABOR $6,811-60 ,CEPTANCE OF PROPOSAL: The above prices, speciticatrons ana conautor reby accepted. You are authorized to do the work as specified, Payment will of acceptance: This Page Is Left Intentionally Blank. ri 'K4 Page 16 of 96 City Council Agenda 8/28/07 y; 5' sm �,"r�;',: ENCLOSURE 4 Oak Park Heights Request for Council .Action Meeting Date -- Au ust 28t' 2007 Time Required: l Minute Agenda (tern "title:—Approve Autumn Hills Paris Shelter Settlement A"reement .Agenda Placement Originating Departmen Requester's Signature Action Requested Background/Justification (!'Wase indicate if any previous action has been taken or if other public bodies have advised): The City Council had previously directed the City Attorney and City Administrator to engage negotiations with Attorney David Gregerson of Granite i2E, the performance bond company that assumed the responsibility to complete the Autumn Hills Parr Shelter. Those negotiations resulted in the City and Granite RE reaching a Settlement Agreement to complete the Shelter and get the facility open to the public. Attached is a final copy of that agreement and which includes two hey provisions; the project is now deemed complete with the City paying $110,000 to Granite RE reducing the City's overall contracted costs by $6,168.35; as well as both the City and Granite .12,E providing full releases. Please note that the City has preserved its rights to seep additional cost recovery from DNR Construction. At this time, Staff is recommending that the City Council formally approve the final Settlement Agreement. Final Contract Cost and Chancle Order Review Autumn Hills Park Shelter Primary Contract Amount $ 400,500.00 Change Order 1 Soils Correction %Mork $ 13.926.00 Change Order 2 %Nater Main Upsize 5 3,432.00 Change Order 3 SAC Charges - Credit to City 5 (2,626,00) Change VVIRSSO - Deduct' 5 (6,585.00) Change Locks and Topsoils $ (2,000.00) Subtotal S 6,147.00 ToW Due Contract and CH Ord. $ 406.647.00 Amount Paid To Date (pay req. i to 5) $ 290,478.65 'Actual' Amount Due $ 116.166.35 Gregerson Settlement $110,000.00 Offset Value to OPH $ 6,968.35 Page 17 of 96 City Council Agenda 8/28/07 SETTLEMENT AGREEMENT This Settlement Agreement is entered into this day of 2007, by and between the City of Oak Park Heights (collectively referred to as "City") and Granite Re, Inc. ("Granite"). RECITALS A. Granite performed/finished certain work as a general contractor at City's Autumn Hills Park facility located within the City of Oak Park Heights ("property") B. Granite's work included, but is not limited to, finishing the construction a park shelter building on City's property originally started by DNR Construction, Inc., but taken over by Granite under its performance bond originally issued to the City as bond # GRMN25317A on July 27, 2006, following the action of the City that declared default under the construction contract for the park structure on the part of DNR Construction, Inc. C. City challenges the compliance with the city specification relative to the ceiling, cupola and miscellaneous other work as principally performed by DNR Construction Inc. Granite denies City's claims. D. The parties desire to resolve and settle their differences concerning the amounts owed, if any, by City to Granite and reserve any and all issues that the City may have as against DNR Construction, Inc.. NOW, THEREFORE, in consideration of the representations and other promise of the parties hereto, the parties agree as follows: 1. Release of Claims. In consideration of the representations and promises set forth herein, the sufficiency and receipt of which is hereby acknowledged, and the payment of Page 18 of 96 City Council Agenda 8/28/07 $110,000.00 from City to Granite in full satisfaction of the contract price plus change orders of the original construction contract, City and Granite do hereby release, hold harmless, and forever discharge each other, their respective agents, representatives, attorneys, assigns, personal representatives, and employees from any and all claims, causes of action, suits, debts, contracts, promises, agreements, damages claims in law or equity of any type, or any other claims or causes of action known or unknown that were raised or could have been be raised in connection with Granite's work as general contractor to complete the Park Facility under the original construction contract awarded to DNR Construction Services, Inc. Both parties acknowledge as against each other payment in full under the terms of the original construction contract for the Park Facility, excepting any subsequent warranty claims relating to the work performed otherwise provided for under the terms of the contract. 2. Payment. City shall pay Granite the total amount of $110,000.00 in one (1) payment on or before August 9, 2007. 1 Reservation of Claims. Notwithstanding any provision of this release to the contrary, nothing herein shall be construed to operate as a release, discharge or satisfaction by the City of any and/or all claims that it has or may have as against DNR. Construction Services, Inc. under the terms of the original construction contract. The City does hereby expressly reserve its rights to bring action, claire, suit, complaint or other matter against DNR Construction Services Inc. arising from the original construction contract and their performance or lack thereof under its terms. Granite's release of all claims against the City does not purport to constitute a release or waiver of claim rights, if any, of DNR against the City or its representatives. Page 2 q f S Page 19 of 96 City Council Agenda 8/28/07 4. Entire Agreement. This Agreement constitutes the entire agreement governing the settlement between the panics hereto. There were no inducements or representations leading to the execution of this document, except as described in this Agreement. S. Counterparts. This Agreement may be executed in any number of counterparts, each of which, taken together, shall constitute one Agreement 6. Governing Laws. This Agreement is governed by and shall be considered in accordance with the internal laws of the State of Minnesota, and not its choice of law rules. IN WITNESS THEREOF, the parties have executed this Agreement on the dates indicated below. Page 3 o f 5 Page 20 of 96 City Council Agenda 8/28/07 GREGERSON, ROSOW, JOHNSON AND NILAN, LTD. 'y Darli H. Gregerson (#37564) i Attorney for Granite, Re 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 349-6718 ,- / f % j '> ! o { Date: � r STATE OF NNESCHA OKLAHOMA COUNTY OF OKLAHOMA } } SS. GRANITE RE, INC. By: � Its cd (I - ..I GZ It fl B: Its�1�F..t On this � day of August, 2007, before ane a Notary Public, within and for said County personally appeared _'�,iC. l VNh NWcY i 4 and Y�l \A� - "�t;�(-T)t 1, to nye personally known, being each by ane duly sworn did say that they are respectively the`y� lei r�r andof Granite Re, Inc., named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and scaled on behalf of said corporation by authority of its Board of Directors and said . �'t. and `t1 ( acknowledged said instrument to be the free act and deed of said corporation. Public Page 4af'S 'NGi;i;- 'iiilill ' J1�'tc '.]'r 01-1 ;"ho,:ii ' colnnlssion #` 010 ' 2 ;r. I: xI)i,tvs lil8!©9 Page 21 of 96 City Council Agenda 8/28/07 ECKBERG, LAMMERS, BfitIGGS, WO F & VIE G, PLLP C Mark J. Viet -ling Attorneys for City of Oak Park Heights 1809 Northwestern Avenue Stillwater, Minnesota 55082 (b 1 S) 439-2878 P Date: P - 2, 2 b� STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON) On this �1 x day of August, 2007, before me a Notary Public, within and for said County personally appeared David Beaudet and Eric Johnson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the sea] affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. Nota Public OFFICIAL SEAL OF s � 1 Page 5 of 5 Page 22 of 96 City Council Agenda 8/28/07 PI-Im- EK10SURE Oak Park Heights Request for Council Action Meeting Date August 28`x' 200$_______ Time Required: l Minute Agenda Item Title: Accept Final Report from Buctow & Associates —.Qity. Hall S pace. Needs and Facility Use Study Agenda Placement Originating Departmen Requester's Signature Action Requested Appro�e Resolution I Background/Justification ( base indicate if any previous action has been taken or mother public bodies have advised): As a formal action to close-out the City Hall Space bleeds and Facility Use Steady as completed by Randy Engel of Buetow & Associates, the City Council should pass a short resolution indicating that it accepts the final reports as submitted, that the study period is now concluded and that the City shall make all final payments to Buctow & Associates -- (Approx $900.00). See attached resolution, Page 23 of 96 City Council Agenda 8/28/07 RESOLUTION A. Resolution Accepting the Materials and Reports from Buetow & Associates for the 2007 City Hall Space Needs and Facility Use Study and Deeming the Study as Complete; Whereas, the City of Oak Park Heights initiated a contract with a qualified architectural firm, Buetow & Associates to complete a comprehensive City Hall Space Needs and Facility Use Study; and, Whereas, Randy Engel representing Buetow & Associates engaged in significant review of the facility, numerous hours with City Officials and City Staff and provided comprehensive final reports as dated May 18"', 2007 and revisions dated June 4"', 2007. Whereas, Buetow & Associates has completed their work including; all parameters as set forth by the City's initial Request for Proposals dated January 25'x', 2007, NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights that it does hereby accept the reports and documents as submitted by Buetow & Associates, does hereby deem the Study complete and directs staff to submit all final payments to Buetow & Associates as contracted. Passed by the City Council for the City of Oak rayls Heights this _ day of 20070 By Order of the City Council David Beaudet, Mayor ATTEST: Brie A. Johnson City Administrator Page 24 of 96 City Council Agenda 8/28/07 0 CLOSURE Oak Park Heights �� Request for Council Action Meeting Date Au st .28th,.2007 Time Required: 15 Minute Agenda Item Titre: Jerden LLC - Request for Comprehensive Pian Amendment Conditional Use Permit Sign Variance Subdivision. Replatting, vacation of existin utility and drainage easements and Site Plan I Design Guideline Review - To Allow the Development of Automobile Dealership Corner of 58th Street and Memorial Ave.. Agenda Placement Originating Department/ R9 4�ricJohnson,City Administrator Requester's Signature Action Requested Approve Resoution with Conditions Background/ Justifrca on Ylease indicate if any previous action has been taken or if other public bodiesb ,av6 advised): Tease sec enclosed documents 1. Memo from Scott Richards updating the process on this review, the City Council delayed the ficial review of this project until such time that additional 58tt' street access was determined and additional information was provided. 2. Staff Report dated July 5t", 2007 (attachments can be found in the July Planning Commission packet) 3. Revised Site Plans - mated 8/23/07 - Including ficial Landscaping plan 4. Aug 3"d Review Letter from Bonestroo 5. Proposed Final Plat and Proposed Easement Vacations G. Planning Commission Resolution - Unsigned 7. Proposed Final City Council Resolution - [updated 8/24/07. Page 25 of 96 City Council Agenda 8/28/07 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memoriai Highway, Suite 202, Golden Valley, MN 55422 "telephone: 763.231.2555 F=acsimile: 763.231.2561 pianners-ainacplanning.com TO: Eric Johnson FROM: Scott Richards DATE: August 24, 2007 RE: Oak Park Heights -- Denny Hecker's Cadillac -Pontiac -OMC 58th Street North and horning Dove Avenue South FILE NO: 798.02 — 07.06 Following the July 24, 2007 City Council meeting in which the request for a Denny Hecker's Cadillac -Pontiac -UMC dealership at 58th Street North and Morning Dove Avenue South was tabled, City staff has met with the applicant and addressed the issues raised by the City Council and staff. A revised site plan has been submitted with access points that are acceptable to the City Engineer (see attached plans). A revised resolution has been prepared reflecting the Planning Commission recommendations and changes to the plans suggested by the City Council and staff. Please find the overall staff comments and review of the changes to the plans: Comprehensive Plan Amendment/Zoning District Amendment The original application requested a rezoning for the area to be described as Outlot A Jacobs Third Addition from B-3 to B-2. The applicants continue to request this rezoning or suggest an amendment to allow more retail and restaurant uses in the B-3 District. The attached resolution follows the Planning Commission recommendation of supporting the Comprehensive Plan and zoning district amendment. Final PlaVEasements The City Council will be considering the preliminary plat as part of their review and approvals. The applicants will prepare a final plat that will be approved in September or October in conjunction with a public hearing for vacation of easements that are part of the original Kern Center plat and the Oak Park Station plat. Existing Dealership Please see conditions 1 and 2 of the resolution that address a plan for redevelopment of the existing dealership and a forfeit of the continued use of these properties for auto sales. Page 26 of 96 City Council Agenda 8/28/07 Access The access points on morning Cove Avenue and Memorial Avenue North have been changed and the entrance at 68th Street North was removed. The City Engineer is agreeable to these access points. The building had to be moved to the south to accommodate the access points and internal traffic movements within the site. Parting and Hard Cover The revised plans meet all requirements for parking and the 20 percent requirement for landscaping/green area has been achieved. Trails Six foot bituminous trails have been proposed along 581h Street and Memorial Avenue North. The City will require the Memorial Avenue trails to extend to the south edge of Outlot A of Jacobs Third Addition and be at least eight feet in width. The trail on 58th Street would be on City right-of-way and placed on the dealership property on Memorial Avenue. Landscape Plan A revised landscape plan has been submitted adding trees to the edge of the parking lots, and adding more diversity as recommended by the City Arborist and Planning Commission. Flag Pole The applicants have requested a 45 foot high flag pole as part of the conditional use permit. Staff recommends a maximum height of 35 feet for the pole, consistent with the Zoning Ordinance and previous approvals for dealership flag poles. Signage The signage plan consists of 10 wall signs and four freestanding signs not exceeding 630 square feet of sign area. This is consistent with the previous plan. A variance is required for signage. 2 Page 27 of 96 City Council Agenda 8/28/07 �1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: July 5, 2007 RE: Oak Park Heights - Denny Hecker's Cadillac -Pontiac -GMC — 58th Street North and Morning Dove Avenue South FILE NO: 798.02 — 07.06 BACKGROUND Jerden, LLC has applied for a Comprehensive Plan amendment, Zoning District amendment, conditional use permit, sign variance, subdivision replating, vacation of existing platted utility and drainage easements, and site plan/Design Guidelines review to allow for development of a new automotive dealership at the corner of 58th Street North and Morning Dove Avenue. The dealership would be moved from its current location at Highway 36 and Osgood Avenue in Oak Park Heights. The submittal plans show a 31,076 square foot building proposed for a 4.95 acre site. Jerden LLC owns the remaining area east of Memorial Avenue North and south of 58th Street {other than the existing S&C Bank on Morning Dove Avenue}. The site would be replatted to create the lot for the dealership and the remaining 7.66 acres would be platted as an outlot. The plans indicate the location of a future public street adjacent that would eventually connect Memorial Avenue to 58th Street. The site is in the B-3, Highway Business District that would require a conditional use permit for open and outdoor sales. A site plan review and sign variance are also required for the auto dealership. The auto dealership lot would remain zoned B-3 District and the underlying Comprehensive Plan designation will remain as Highway Business Warehouse. For the remaining property, the applicant proposes a change to a commercial land use designation and rezoning to B-2, General Business District. Page 28 of 96 City Council Agenda 8/28/07 Attached for reference: Exhibit 1 Preliminary Plat, Jacob Third Addition (PP1) Exhibit 2 Preliminary Plat; Topography (PP2) Exhibit 3 Preliminary Site Plan (A1,1) Exhibit 4 Preliminary Landscape Plan (L1.1) Exhibit 5 Preliminary Site Lighting Plan (SL1.1) Exhibit 6 Photometric Plan Exhibit 7 Fixture Specifications Exhibit 8 Preliminary Signage Plan (S1.1) Exhibit 9 Freestanding Sign Details (S1.2) Exhibit 10 Preliminary Main Level Plan (A2.1) Exhibit 11 Preliminary Second Level Plan (A2.2) Exhibit 12 Preliminary Building Elevations (A3.1) Exhibit 13 Trash Enclosures (A1.2) Exhibit 14 Proposed Grading Plan and Erosion Control Plan (C1) Exhibit 15 Proposed Utility Plan (Cl) Exhibit 16 Proposed Utility Plan (C2) Exhibit 17 Proposed Utility Plan (C3) Exhibit 18 Color Building Elevations Exhibit 19 Project Narrative by Applicant Exhibit 20 Rezoning, Replatting and Vacation Narrative by Applicant Exhibit 21 Preliminary Parcel Layout (A0.1) Exhibit 22 Memorandum from Kathy Widin, City Arborist Exhibit 23 Memorandum from Karen Erickson, City Engineer ISSUES ANALYSIS Comprehensive Plan. The Oak Park Heights Comprehensive Plan Land Use Map guides this site as Highway Business Warehouse. The proposed auto dealership is compatible with the Comprehensive Plan land use designation and is allowed within the B-3 District as a conditional use. The applicant does not propose a change in the land use designation or zoning for the auto dealership portion of the site. The remaining area, to be replatted as Outlot A, is proposed to be redesignated to commercial land use and zoned to B-2, General Business District. The land use designation change for the Outlot A area is a policy decision by the City Council. When the City annexed the Kern Center, it was decided at that time the area would be designated and zoned in such a way as to encourage the construction of business warehousing uses in this area west of State Highway 5. At the time, the City had significant areas designated and zoned for general commercial use with frontage on Highway 36. The City encouraged retail, restaurant and service uses in the B-2 District areas along Highway 36 and now those areas are almost completely developed. Staff recommends a land use designation change to commercial, for the areas within Outlot A. The site is provided significant visibility from State Highway 5 and convenient Page 29 of 96 2 City Council Agenda 8/28/07 access from 58th Street. It would be an appropriate area for development of general commercial uses. Zoning. The property is zoned B-3, Highway Business and Warehouse District. As indicated, the B-3 District will remain for the auto dealership property and will require a CUP. A review of the CUP criteria will follow later in the report. The Outlot A property is proposed to be rezoned to B-2, General Business District if the Comprehensive Plan designation change is approved. The B-2 District allows for a wider range of retail and service uses as well as restaurants. Subdivision. The subject property is platted as Lot 2, Block 1, Oak Park Station. The S&C Bank site is Lot 1, Block 1, Oak Park Station. The auto dealership site will be replatted to Lot 1, Block 1, and the remaining property would be Outlot A, Jacob Third Addition. Morning Dove Avenue South right-of-way and roadway would remain in its current location at this time. The applicants prefer creating an outlot in that the future development has not been determined for this area. The property would be replatted into lots, blocks and possibly additional right-of-way when there is a development proposal. The plans indicate a possible right-of-way location that would connect Memorial Avenue North and 58th Street/Morning Dove Avenue. This is only shown to give the City a potential concept for access into the site. As part of this platting, the applicants have proposed that all existing utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2nd Addition, Lot 1, Block 2, Kern Center and on Lot 2, Block 1, Oak Park Station created by said plats be vacated. These easements are no longer needed in that the new plat has created new lot lines that do not follow the original plat. The utility and drainage easements created by Oak Park Station must remain for drainage on Lot 2, Block 1 will be rededicated on the new plat of Jacob Third Addition. Access/Roadways. The City Engineer has done a preliminary review of the plans and offers the following comments. The complete review memo is found as Exhibit 23. 1. it is recommended that the entrance on Morning Dove Avenue be moved further south to line up with the customer parking drive aisle. This will facilitate better traffic operations as the future street is completed. Moving the access point will help maintain the integrity of the intersection of 581h Street and Morning Dove Avenue. 2. The turning radius from the parking lot to Memorial Avenue will need to be increased for the delivery trucks so that they will not drive over the curb and to minimize the need for the trucks to encroach into oncoming traffic lanes. 3. It is recommended that the south radius at 58th and Memorial Avenue be increased from 42 feet to 60 feet. Even with the larger radius, trucks turning right Page 30 of 96 City Council Agenda 8/28/07 from Memorial to 58th will need to drive into the west bound lane on 58th Street, however they will be able to remain on the pavement. 4. Revisions will be required on the traffic signal and loop detectors at Highway 5 and 58th Street. Mn/DOT will need to review and approve these revisions. 5. It is recommended that 58th Street will be widened to four lanes from Highway 5 to Morning Dove Avenue and then taper back to the existing two lanes on the west side of Morning Dove. 6. For the circulation of traffic, future development of the entire Denny Hecker site will require additional roadway improvements. The City Engineer further recommends the applicant contact Mn/DOT on the following issues: 1. Setbacks from Mn/DOT's right-of-way for proposed improvements. 2. Modifications 58th Street at Highway 5 within Mn/DOT's right-of-way. 3. As stated above, any signal modifications at 58th Street and Highway 5. Lot Performance Standards. The following table compares the required and proposed dimensions and setbacks for the Denny Hecker site in the B-3 District. The dimensions of the proposed site are compliant with the dimensions required by the district. All of the parking areas, light fixtures and bases and monument signs are setback the required dimensions. Impervious Surface Coverage. Within the B-3 District, not less than 20 percent of the lot shall remain as impervious surface and landscaping. The site plan indicates that 13.8 percent of the site will be covered with buildings, 65.4 percent will be paving and sidewalk, and 20.8 percent will be landscaping in accordance with the Zoning Ordinance. Grading, Drainage and Utility. Grading, drainage and utility plans have been submitted and are subject to review by the City Engineer and the Brown's Creek Watershed District. Stormwater is directed into the pond within the Kern Center that was constructed to accommodate drainage from this area. The grading, drainage and utility plans shall be subject to approval of the City Engineer and Brown's Creek Watershed District. 4 Page 31 of 96 City Council Agenda 8/28/07 Setback Area Width Front Side Side Rear North East West) South Required 95,000 sf 100 feet 40 feet 20 feet 20 feet 40 feet Proposed 215,000 sf 369 feet 95 feet 68 feet 55 feet 195 feet All of the parking areas, light fixtures and bases and monument signs are setback the required dimensions. Impervious Surface Coverage. Within the B-3 District, not less than 20 percent of the lot shall remain as impervious surface and landscaping. The site plan indicates that 13.8 percent of the site will be covered with buildings, 65.4 percent will be paving and sidewalk, and 20.8 percent will be landscaping in accordance with the Zoning Ordinance. Grading, Drainage and Utility. Grading, drainage and utility plans have been submitted and are subject to review by the City Engineer and the Brown's Creek Watershed District. Stormwater is directed into the pond within the Kern Center that was constructed to accommodate drainage from this area. The grading, drainage and utility plans shall be subject to approval of the City Engineer and Brown's Creek Watershed District. 4 Page 31 of 96 City Council Agenda 8/28/07 Parking. The City's Zoning Ordinance does not have parking standards related to open and outdoor sales of cars, trucks or vans. In the past, calculation of required parking stalls has been based upon the requirements for outdoor boat sales. On the plans, the applicant has shown the parking requirements based upon requirements for retail sales, storage and automotive services. Both calculations are included here and both methods indicate that the site will meet all parking requirements. Boat Sales: Boat sales require one space for each 400 square feet of floor area for the first 25,000 square feet, plus one space for each 600 square feet thereafter. The total square feet of the new building is 31,076; after subtracting ten percent, the calculated area is 27,968. The resulting parking space requirement for this site is as follows: 31,076 square feet x 9 = 27,968 sq.ft. 25,000 square feet _ 400 = 63 spaces 2,968 square feet _ 600 = 5 spaces 68 spaces Sal es/Storag_e/Service: Retail sales require one space for each 200 square feet of floor area, storage uses range one space for each 800 square feet of floor area and service areas require eight parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 square feet. The resulting parking space requirement for this site is as follows: Sales: 10,831 x .9 = 9,748 square feet � 200 = 49 spaces Storage: 5,093 x .9 = 4,583.7 square feet � 500 = 9 spaces Service: 15,152 x .9 = 13,637-1,000 = 12,637 - 800 = 16+8 = 24 spaces Total Spaces Required..........................................82 spaces By using the boat sales method, 68 spaces are required. Utilizing the other method, 82 spaces are required. The plans have indicated a total of 88 parking spaces dedicated and signed for customers, service and employees. There are an additional 293 spaces for vehicle display resulting in an overall total of 381 spaces. The parking requirements are met with the plan as presented. Vehicle Display. The plans indicate six vehicle display pads that are separate from the parking areas. The display pads are proposed to be compliant with the 10 foot setback requirement. The applicant has indicated that the pads are placed at ground level. The plans also indicate vehicle display on the south side of the lot that is within a 5 Page 32 of 96 City Council Agenda 8/28/07 green space area. No vehicle parking will be allowed in this area or on non paved areas. Sidewalks/Trails. The submitted plans do not include any plans for sidewalk or trail extensions. The Park and Trail System Plan indicates the addition of trails on 58th Street and continuing on Memorial Avenue North, around the proposed dealership. There are sidewalks/trails that exist on a portion of 58th Street at Morning Dove Avenue. Staff has suggested that the sidewalk would continue from 58th Street on Morning Dove Avenue with the possible future connection to Memorial Avenue North. The Planning Commission and City Council should comment on the location of the trails/sidewalks. Parking StalllDriveways/Loading Areas. All of the parking stalls that are indicated are dimensioned at 9 feet by 20 feet in compliance with the Zoning Ordinance standards. Most of the drive aisles are dimensioned at 22 feet although some aisles on the north site and at the northeast corner are shown at 20 feet. All of the drive aisles should be at least 22 feet, although in those areas adjacent to curbs and landscaping, the stall length could be decreased to 18 feet to achieve the correct aisle width. The site plan indicates two loading berths on the south side of the building. The loading area would be highly visible from the south and east, especially from a future street alignment/extension of Morning Dove Avenue. While the landscape plan indicates a row of Techny Arborvitae to partially screen the loading area, it is recommended that a wail be extended from the building to screen trucks parked in the berths. Landscaping. The City Arborist and City Planner agree that the landscape plan for the site is minimal. Additional trees should be planted on the site perimeter and the species diversity must be broadened. The interior plantings within the site appear to be acceptable. The pylon, monument and directional signs will need to be provided with plantings as required in Section 401.15.G Signs of the Zoning Ordinance. The City Arborist has provided comments as found in Exhibit 22. A revised landscape plan reflecting the recommendations of the Planning Report and the City Arborist comments shall be provided to the City and subject to the review and approval of the City Arborist. Building Height and Design Guidelines. The building heights meets the maximum requirements of the Zoning Ordinance. The proposed building at the highest point to the top of the proposed wall is 30 feet, a 35 foot building is allowed within this district. The building elevations indicate front entrance areas on the east and south elevations with significant aluminum curtain walls with glass windows. The majority of the remaining walls is a rock face concrete masonry unit and EIFS, both in an off-white. The front entrances are also framed with an aluminum composite panel in a silver color. The amount of class and the quality of the primary building materials will meet the intent of the Design Standards. Building materials and color samples will need to be provided for Planning Commission and City Council review. The applicant shall specify all building materials and colors including doors and trim. Colored elevations have been provided for Planning Commission and City Council review. Page 33 of 96 City Council Agenda 8/28/07 Lighting Plan. A site lighting plan specifies the location of the lighting fixtures within the parking lot and on the building. All of the fixtures would be a full cut off shoe -box style fixture. The fixtures will be 22 feet in height placed on a three foot concrete base in compliance with the Zoning Ordinance lighting provisions. Two of the poles and fixtures indicate 1,000 watt floodlights to feature the front of the building. Floodlights are not allowed, although architectural down lighting can be utilized to light the building front. The Zoning Ordinance requires the following regarding lighting intensity: "No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four -tenths (0.4) foot candles as measured at the property line, per the method outlined in Section 401.15. B. 7. e. " It appears as though the lighting plan will not meet the standards of the Zoning Ordinance in terms of intensity. The applicant shall provide a revised lighting plan with compliant foot candle readings at the property line and within adjacent rights-of-way. The final lighting plan shall be subject to approval of the City Staff. The Zoning Ordinance requires that outdoor lighting for parking lots serving commercial businesses shall be turned off one hour after closing, except for approved security lighting. The applicant shall provide a plan, subject to approval of City staff, indicating what lights will be shut off or remain lit to comply with this requirement. Signage. The signage plan indicates 10 wall signs and four freestanding signs. The wall signage range in size from a maximum of 40 square feet to 10 square feet for directional signage. Of the proposed freestanding signs, one is a 20 foot tall pylon sign and the others are monument and directional signs. The size and location of each of the signs is described in the following table. Pylon, Monument, and Directional Signage Proposed 4 of 96 7 City Council Agenda 8/28/07 Building Signage Proposed Location Sign Area East Elevation DennyHecker's 40 s care feet Cadillac Loo 20 square feet GMC Loo 20 s uare feet Pontiac Loo 20 square feet Service 10 square feet Service 10 square feet North Elevation DennyHecker's 40 s uare feet South Elevation Cadillac Loo 20 s uare feet GMC Logo..... 20 square feet Pontiac Logo 20 square feet Total Building Wall Signage 220 s uare feet , Pylon, Monument, and Directional Signage Proposed 4 of 96 7 City Council Agenda 8/28/07 LocationSign _ Area _mm _ SE Lot I' Ian Sin 20 feet 150 square feet _Corner NE Lot Corner Monument Sign 6 feet) 120 square feet _ Memorial Ave No Entrance Directional Sin 4 feet 70 s uare feet Morning Dove Entrance Directional Sign {4 feet 70 square feet _ Total Freestanding Signage 410 s uare feet TOTAL SITE SIGNAGE PROPOSED 630 square feet Allowable total sign site signage is 300 square feet total for properties in the B-3 District. The sign provisions of the Zoning Ordinance allows a total of two wall signs with each sign placed on a separate building fagade. One freestanding sign with 100 square feet and a height of 20 feet and two additional monument signs that do not extend eight feet in height are also allowed. All freestanding signs must be surrounded by a landscaped planter at least three feet in height or appropriate plantings around the sign must be provided. The proposed signs on the building and the freestanding signs are exceeding both the number and area allowed within the Zoning Ordinance. The applicant has applied for a sign variance to allow the proposed signs indicated in the included plans. Section 401.15.G.16 reviews the following conditions for sign variances: The particular physical surrounding, shape, or topographical conditions of the specific parcel of land involved exist. The parcel is not visible from Highway 36 and future commercial development will block views into the site from Highway 5. 2. That the condition involved is unique to the particular parcel of land involved. The signs requiring the variance are specific only to an auto dealer to easily direct customer traffic to the building and within the dealership property. 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. The purpose of the signs is to advertise the business, but many of the signs are directional to show where cars are for sale, where parts are for sale or where cars are serviced. 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. The large car dealership will require more signage to identify merchandise and to ensure movement can happen on site without confusion or congestion. 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. Page 35 of 96 8 City Council Agenda 8/28/07 The signs are for the sole use of the property, since they are attached to a building set back a large distance from residential use they should in no way be detrimental to the surrounding areas. 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. The signs will be attached flush against the building, therefore, they should not interfere with any ground movement nor impair supply of light or air from other properties. The freestanding signs are adequately setback from rights-of-way. The Planning Commission and City Council shall review the conditions and determine if the number of signs and overall footage is appropriate. The request by the applicant does not differ greatly from allowances granted to other automotive dealerships in the City. The wall signage is conservative in size and much of the message is informational or directional. Other than the pylon sign, the freestanding signs are within size limits and provide more directional than advertising messages. Due to the restricted views that the dealership will have once the area is developed, a sign variance is warranted for what has been requested. Trash Enclosures. One trash enclosure is indicated in the parking lot, south of the dealership building. A plan indicating the structure and building materials has been provided to the City for review and approval. The trash enclosure could be better screened with additional landscaping. Flag Pole. A flag pole location is shown on the site plan. The applicant shall provide a height for the pole, size of the flag and indicate how the flag will be lit and raised and lowered. Outdoor Paging Systems. Under the noise provisions of the Zoning Ordinance, use of outdoor paging systems will not be allowed on site. All noise created from operations on site shall be in conformance with Section 401.15.6.11 of the Zoning Ordinance. Automotive Repair Activities. Vehicle repair activities shall be limited to within the principal structure and the doors to the service bays shall be left closed except for vehicles moving in and out of the service areas. Additionally, there will be no exterior storage of automobile parts or related items on site. CUP Review Criteria. The Conditional Use Permit criteria for open and outdoor sale of vehicles are listed below with the review of each: 1. Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or abutting residential districts. Page 36 of 96 City Council Agenda 8/28/07 There are no neighboring residential uses or abutting residential districts to be considered in this area. The loading dock area will need to be more fully screened from view of adjacent right-of-way. 2. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences. A revised photometric plan shall be submitted to ensure that foot candles do not exceed the requirements set forth by the ordinance. Proposed light fixtures are hooded at 90 degrees. Flood lighting of the front fagade will not be allowed. 3. Areas are asphalt or concrete surfaced. Submitted plans show area to be surfaced with concrete curb around the parking area. A ground area labeled for vehicle display will not be allowed for parking of vehicles. 4. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site.- The ite: The use will not exceed the City's ability to provide services. 5. The provisions of Section 401.03.A.7 of the Ordinance are considered and satisfactorily met. The proposed use follows the current use of the site, therefore, is an appropriate use provided that conditions of approval are met. Development Agreement. A development agreement will be required for the subdivision and roadway impact issues. The agreement shall be subject to review and approval of the City Attorney. CONCLUSION/RECOMMENDATION The new automobile dealership at the corner of 58th Street North and Morning Dove Avenue is an appropriate use and is allowed as a conditional use permit in the B-3 District. Staff recommends approval of the Comprehensive Plan amendment and zoning district amendment for the 7.66 acres that will be platted as an outlot and will not be part of the dealership. Staff further recommends the conditional use permit, sign variance, subdivision replatting, vacation of existing platted utility and drainage easements, and site plan/Design Guidelines review for the auto dealership with the following conditions: 1. The City shall require a redevelopment plan, demolition plan, or plan to bring the existing dealership properties at 14738 60th Street North and 14702 60th Street 10 Page 37 of 96 City Council Agenda 8/28/07 North compliant with all conditional use permit conditions previously approved by the City Council. The plans shall indicate a timeline for redevelopment, demolition or compliance, and shall be submitted no later than January 30, 2008. Said plans shall be subject to review and approval of the City Council and City staff. 2. All existing utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2n Addition; Lot 1, Block 2, Kern Center and on Lot 2, Block 1 Oak Park Station shall be vacated subject to review and approval of the City Engineer and City Attorney. 3. All required utility and drainage easements created by the Oak Park Station shall be rededicated on the new plat of Jacob Third Addition subject to review and approval of the City Engineer and City Attorney. 4. All City Engineer recommendations for roadway, traffic, and access improvements, as outlined in the July 3, 2007 letter, shall be implemented by the applicant. 5. The applicant shall receive approvals, as required from Mn/DOT, for setbacks, modifications to 58th Street, and signals at 58th Street and Highway 5, as outlined in the July 3, 2007 letter from the City Engineer. 6. The Planning Commission and City Council should comment on the preferred location of trails on 58th Street and Memorial Avenue. 7. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 8. The submitted utility plan is subject to review and approval by the City Engineer. 9. Customer parking stalls shall be appropriately signed. 10. No vehicle parking shall be allowed outside of the paved parking areas or six designated and paved display pads on site. 11. All drive aisles shall be at least 22 feet in width. A revised parking lot/drive aisle plan shall be submitted that complies with this requirement subject to review and approval of the City Engineer. 12. Additional screening to include an extended wall shall be provided for the two loading berths on the south side of the building subject to approval of City staff. 13. The landscape plan shall be subject to review and approval of the City Arborist. 14. Building materials and color samples shall be provided for Planning Commission and City Council review and approval. Page 38 of 96 11 City Council Agenda 8/28/07 15. All parking lot lighting shall be full cut off, shoe box style fixtures that do not exceed 25 feet from ground level to the top of the fixture. 16. All building lighting shall be full cut off, shoe box fixtures. There shall be no flood fighting of building facades. 17. A revised light plan with photometrics shall be submitted meeting all Zoning Ordinance light intensity requirements subject to review and approval of City staff. 18. All outdoor lighting for parking lots shall be turned off one hour after store closing, except for security lighting. The applicant shall provide a plan, subject to approval of City staff for lighting shut off. 19. The trash enclosure shall be provided with additional screening landscaping, subject to review and approval of the City Arborist. 20. The applicant shall provide details on the flag pole height, size of flag and how the flag will be lit, and raised and lowered. 21. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 22. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall be internal to the building. 23. All noise created from operations on the site shall be in conformance with Section 401.15.13.11 of the Zoning Ordinance. 24. An outdoor paging system shall not be allowed. 25. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the automobile dealer/service operation. 26. A condition of this approval is that the applicant enter into a development agreement, as prepared by the City Attorney and approved by the City Administrator, containing provisions including, but not limited to, the construction and placement of financial security for site improvements, payment of applicable City connection fees, placement of financial security and requirements for extension and/or construction of City roadways, utilities for the site and related water, sanitary sewer and storm sewer improvements. Page 39 of 96 12 City Council Agenda 8/28/07 widow iAA�8 iS Hl 2s On, Ju Rol x�� Y Page 40 '1S & ♦ & g _ i Sn f }' - HAWN RIOS b S AMM i��� ❑ • err V.Q _ 0 _0 0 s .. .........�. 3RIAOEaflAf9B M:-?NIp _ N I I I I I I 1 v< .. $ n widow iAA�8 iS Hl 2s On, Ju Rol x�� Y Page 40 Page 41 Cifi(2Council Aqenda 8j I HINON '15 Hlop S7 S AMN 0- ;9 � Z 0 SllV 'S,UYM�H AWN �2 :UW 3AIJLOWOIAV M3H ............... R -3 m:o .. .... ........ ...... ...... .... 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HiHON iDDiJiS Hi RS i' I I ' i3 --- �, WOW i 3 � 1a� : E A all , �� N �� ! i,rt �� et ::�E �s ��� �; Page 43 st fS i� g3asf ,� f; !:iY !t �� Citv Council Aaenda 8/ ........... 'SA6{bJE`iii NF30°d 34Y@ HJUON 'd5 "its Z S AMM �I�J SAM' 3 nH 1 RGO v I i ;EE jj!! � p pp'gg'ssYo � Q �f3®� Ad131�`�� �fl1b@E�@k¢9� h➢e��tl I N I f �y9Y � � .>= ----- I+I+ h l � I ® i i E E ni J H12ibN 13�IaL5 HI 89 August 3, 2007 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd., P.O. Box 2007 Oak Park Heights, MN 55082-2007 Re: Denny Hecker City of Oak Park Heights Bonestroo file No. 55-07-000 Dear Eric: We have reviewed the revised Development Plans for Denny Hecker Site as recently submitted by Darwin Lindahl Architects and Ulteig Engineers. Following are our comments and/or recommendations. Sheet C 1 1. Show the percent grades with the drainage arrows. 2. The detail for erosion control protection at the catch basin is not allowed by the City. It has been found that sediment falls into the structure when cleaning the filter fabric. The City does allow Road Drain by Wimco, LLC (www,roaddrain.com), 3. The storm water in the southwest corner is draining to the ditch in Memorial Avenue North. Show the erosion control protection that will be placed to protect the drainage Swale between the back of curb and the ditch. 4. For erosion control protection place rip rap at the downstream ends of ail driveway culverts, Sheet C2 1. Identify the class of RCP pipe. 2. Label the inverts of the culvert under the entrance from Memorial Avenue North. 3. Identify the type of PVC for the sanitary sewer, 2335 Highway 36 W St. NO, MN 55113 Tel 651-636-4600 Fax 651.636.1311 www.honeslroo.tOM Bonestroo 5t. Paul St. Clouts Rochester Milwaukee Chicago City of Oak Park Heights Page 2 Denny Hecker August 3, 2007 4. Verify that the hydrant coverage is adequate for the site. S. The storm sewer design computation sheet shows a direct discharge to CB -1 as 5.66 cfs. Verify that the specified casting has the capacity to handle this rate without ponding on the parking lot surface during a 10 year event. Sheet G Verify that the hydrant detail/ specs call out the following information: Fire hydrants shall incorporate an AFC - Waterous Storz Nozzle, The hydrant pumper nozzle shall be of one-piece design, compatible with a 5" Storz hose coupling. The nozzle shall be an integral part of the fire hydrant and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. 2. There appears to be many details missing, including but not limited to, heavy duty pavement section, concrete sections for side walk and concrete car show pads. Traffic Comments 1. We recommend the access to/from 58th Street North not be allowed. The access is too close to the 58th Street/Morning Dove Avenue intersection for proper access management guidelines. The roadway is functioning as a minor co€lector and, as such, should be protected with regard to access spacing. It can be expected that traffic volumes will increase in the future as further area development occurs, thus the increased value of access management. 2. We believe that the site access from Morning Dove Avenue and from Memorial Avenue is quite sufficient to accommodate the site generated traffic. We understand the internal circulation shown on the site plan would require site traffic, destined to the service center, to make some internal turns, but traffic signing inside the site should mitigate that situation. 1 An exclusive (westbound) left turn lane should be added along 58th Street North at the intersection with Morning Dove Avenue, This is a safety recommendation. 4. The turning radius from the parking lot to Memorial Avenue will need to be increased for the delivery trucks so that they will not drive over the curb and to minimize the need for the trucks to encroach into oncoming traffic lanes, 5. Increase the south radius at 58`" Street N. and Memorial Avenue from 42 feet to 60 feet. liven with the larger radius, trucks turning right from Memorial Ave. to 58" St. N. will need to drive into the west bound lane on 58" Street N.; however they will be able to remain on the pavement. 6. Revisions will be required on the traffic signal and loop detectors at Highway 5 and 58" Street N. MNDOT will need to review and approve these revisions. Page 46 of 96 City Council Agenda 8/28/07 City of Oak Park Heights Denny Necker Page 3 August 3, 2007 7. Widen 58" Street North to four lanes from Morning Dove Avenue to Highway 5 and then taper back to the existing two lanes on the west side of Morning Dove Avenue. 8, The proposed ultimate plat for this entire development shows Morning Dove Avenue being extended through to Memorial Avenue N. It is recommended that this street extension, and any associated utility extensions, be done along with this development. If not, verbiage and securities should be included in a Developers Agreement to ensure these improvements are constructed in the future. MNOOT Issues 1. The developer should contact MN DOT on the foliowing issues: a. Setbacks from MNDOT's right-of-way for proposed improvements, b. Modifications 58'4 Street at Highway 5 within MNDOT's right-of-way. c. As stated above, any signal modifications at 58`h Street and Highway 5. General Comments 1. The plans submitted were very preliminary and will require additional review when the design is more complete. 2. Provide the City with a copy of the approval letter from the Browns Creek Watershed District. If you have any questions or require additional information, please contact me at (651) 6044788 or Dennis Postler at (6 51) 6044815. Sincerely, BONESTROO Karen S. Erickson, P.C. cc: Tom Ozzello, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Darwin Lindah, Darwin Lindah Architects,PA Troy Livgard, Ulteig Engineers DMP, BMK, CWL2, File -- Bonestmo Page 47 of 96 City Council Agenda 8/28/07 � 6y I �o i 5 I It to E a- {# �$ I i 0 H QA E O 5 � lilts i g s Q pp ggSy i s ➢&88:8 �� ^ a � 3'o CE s �n 'd�E �$yE t{ (v� t �� ? ( F 6 � ] e'� �� o� and � � �3� a• b fii=iiti lr'^iii I �a m e _. —00W atisor '. '.. I F p� I '✓1 r I ! 3 I I I \ I I [ I I ' 1 + \ I I fps jI e+ Edddddegtl e y � C �6 Y7g C� . a Page 48 of 96 City Council Agenda 8/28/07 I i r' I It E i � nib +� x LfYCI .Y..M.KtiH I it w U i �It k 1 IA I ! I I R I o I ` t ' m S R [j SSS 1111 lit o � n E AI F, j m I F p� I '✓1 r I ! 3 I I I \ I I [ I I ' 1 + \ I I fps jI e+ Edddddegtl e y � C �6 Y7g C� . a Page 48 of 96 City Council Agenda 8/28/07 EXHIBIT A LE=GAL DESCRIPTIONS OF PROPOSED VACATION OF EASEMENTS All of the drainage and utility easements dedicated on the plat of KERN CENTER, Washington County, Minnesota which lie within Lot 1, Block 2 of said plat. (See Exhibit B) All of the drainage and utility easements dedicated on the plat of KERN CENTER 2ND ADDITION, Washington County, Minnesota which lie within Lots 5, 6, and 7, Block 1 of said plat. (See Exhibit C) All of the drainage and utility easements dedicated on the plat of OAK PARK STATION, Washington County, Minnesota which lie within Lot 2, Block 1 of said plat. (See Exhibit D) Havislon Data Nun'Aw By IhoreUy cergly Thal Ibis plan, spe6fication or report Print Name: waS propalad by mp Or under my dirt WM510.7 S,pnod: AIiW1N LINpAHi. ASSOCIATES and Thal I Am a duly Llcensed Land Surveyor under lho law$ of the Stale of Wnnosow, Data: 96.r22rt11__Lieonsd+Urnbor MINNEAPOLIS, MN 84muck-DWO LOw- Fargo- Wnnpapol6, Sim Fats VACATION OF EASEMENTS: 5201 East River Road Su*SM KERN CENTER �.... _ Idianoapclr$ Wnnosola 55421KERN CENTER 2ND ADDITION Phono: 763.571.2599 Fax: 763.571.1168 Web: www.t1110 ipcom OAK PARK STATION engineers Drawn Sy: VU91nla Gouphnaur PIOIOC1 NurNxr: 29y.9271 Chaekod Ely: Wollor Qvo" Dale: �' Approvatl 8y: Walter &C-PyE�l I Shvels: t of d City Council Agenda 8/28/07 Q, EXHIBIT B MEMORIAL AVENUE N 34'17'12" E 481.00 1 I I ' ca r ----w- -57-110, . --- o � (0 «uj I W L� co y I 14--� v °d 3: VAO soul" 00 tiQc4- �Q 4 I _g 1 0 MINNESOTA DEPARTWNT OF TRANSPORTAITON MGM OF WAY FLAT N0, 82-47. S 34'17'12" W 481.00 STILLWATER BOULEVARD DRAINAGE AND UTILITY EASEMENTS TO BE VACATED Page 50 of 96 City Council Agenda 8/28/Qj, a EXHIBIT C MEMORIAL AVENUE J STILWATER BOULEVARD DRAINAGE AND UTILITY EASEMENTS TO BE VACATED Page 51 of 96 Qity Council Agenda 8/2NORT 3 OF 4 EXHIBIT D N54'53'44"W 612,25 k41 �.78 k y ryY �,, Y `2 Y � Y♦ Y h k• R i?SSS E Y `' N54'S3'44"1NN D 5.14 30 N54'53'44 "W 179.13 D S54'S3'44" E c7 ::• r > z { m < :3: f f�1C5 O b Y > -; cn Cn 0? ` 67 W fTl U! U of t,1 [n 0 10C Cm E J CY1 a41 \ www •-t � 00 F % 4z46 CD1 rSi U3 3d C7i O � r ` r w N m Paged of 96 ouncil Agenda /28 °� 41 w <n N54 -'5.3'4,4"W 183.47 44 N � 1 ads LO� 0 r- �O ( U Irl -P CA p (n i7 C p a cy, r' z 10 rn we r - S 36'36'51' W--" ( i t I 0 30 38,00 _ w S 53'12'04" E•'- N54'53'44"W 635.33 13.12 58TH cin m Paged of 96 ouncil Agenda /28 °� A RECOMMENDING RESOLUTION OFTHE PLANNING COMMISSION CITY OF OAK PARD 1- EIGTI-ITS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACTAND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY JERDEN LLC FOR A COMPREHENSIVE PLAN AMENDMENT, ZONING DISTRICT AMENDMENT, CONDITIONAL USE PERMIT, SIGN VARIANCE, SUBDIVISION REPLATTING, VACATION OF EXIS'T'ING UTILITY AND DRAINAGE EASEMENTS, AND SITE PLAN/DESIGN GUIDELINES REVIEW TO ALLOW FOR THE DEVELOPMENT OF A NEW AUTOMOBILE DEALERSHIP AT TIME CORNER OF 58""' STREET AND MORNING DOVE AVENUE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak bark Heights has received a request from Jerden LLC for a Comprehensive flan amendnnent, zoning district arnendment, conditional use permit, sign variance, subdivision replatting, vacation of existing platted utility and drainage casements, and site plan/Design Guidelines review to allow for the development of a new automobile dealership at the corner of 58"' Street and Morning Dove Avenue; and after having conducted a public hearing relative thereto, the Planning Comnnission of Oak Park Heights makes the following findings of fact: The real property affected by said application is legally described as follows, to wit: SEL ATTACHMENT A and 2.. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTA B and 3. The applicant has specifically requested the following actions from the City: a. A Comprehensive Plan Land Use Map amendment to redesignate the area to be described as Outlot A, JacobsThird Addition from Highway Business to Commercial land use. b. A rezoning of that area to be described as Outlot A, Jacobs Third Addition from B-3, Highway Business and Warehouse to B-2, General Business District. Page 53 of 96 City Council Agenda 8/28/07 C. A conditional use permit to allow all auto dealership in the B-2, General Business District. d. A replatting; of the area from Oak Park Station to Jacobs "Third Addition. e. A vacation of existing utility and drainage casements on lots 5, 6 and 7, Block 1, Kcrn Center 2`1 Addition; Lot 1, Block 2, Kern Center; and on Lot 2, Block 1, Oak Park Station. f. A variance to exceed the allowable site signage to 630 square feet and the number of allowable freestanding and wall signs. g. Site plan and Design Guidelines review and approval. 4. City staff prepared a planning report dated July 5, 2007 reviewing the requested actions; and 5. City staff recommended in the July 5, 2007 planning report that the; requests be approved with conditions; and 6. The Planning Commission held a public hearing; at their Jr€ly 12, 2007 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 CI'T'Y OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. 'rhe application submitted by Jerden LLC for a Comprehensive flan amendment, zoning district amendment, conditional use permit, sign variance, subdivision replatting, vacation of existing platted utility and drainage casements, and site plan/Design Guidelines review to allow for the development of a new automobile dealership at the corner of 58`)' Street and Morning Dove Avenue and affecting the real property as follows: SEM ATTACI-1MENT A Be and the same as hereby reco€nmended to the City Council of the City of Oak Park I-leights for approval with the following findings: Comprehensive Plan Amendment: 1. The site is provided significant visibility from Highway 5 and convenient access from 58°i Street. The area to be redesignated is an appropriate area for development of general commercial uses. 2 Page 54 of 96 City Council Agenda 8/28/07 2, The land use designation of commercial is consistent with (lie goals and policies of the Comprehensive 111,111. 3. The commercial land use designation is compatible with the surrounding highway business and warehouse uses of the area, Zoning Aniendinent: The B-2, General Business District is compatible with the surrounding 13-3, Highway Business and 'Warehouse District uses. 2. An existing area of B-2, General Btisiness District is found directly across Highway 5 from the area to be rezoned. Variances: Due to restricted views that the auto dealership will have once the area is developed, a sign variance is warranted for what is requested. 2. The proposed wall signage is conservative in size and much of the message area is informational or directional. 3. Other than the pylon sign, the freestanding signs are within allowable sign limits and provide more directional than advertising messages. And stitJect to the following conditions: The City shall require a redevelopment plan, demolition plan, or plan to bring the existing dealership properties at 14738 60''' Street North and. 14702 60" Street North compliant with all conditional use permit conditions previously approved by the City Council. The plans shall indicate a timeline for redevelopment, dernolition or compliance, and shall be submitted no later than January 30, 2008. Said plans shall be subject to review and approval of the City Council and City staff. 2. All existing utility and drainage easements on bots 5, 6 and 7, Block 1, Kern Center 2"d Addition; Tot 1, Block 2, Kern Center and on Lot 2, Block 1 Oak Park Station shall be vacated subject to review and approval of the City Engineer and City Attorney. 3. All required utility and drainage casements created by the Oak Park Station shall be rededicated on the new plat oi' Jacob "T`hird Addition subject to review and approval of the City Engineer and City Attorney. 4. All City Engineer recommendations for roadway, traffic, and access improvements, as outlined in the July 3, 2007 letter, shall be implemented by the applicant. 5. The applicant shall receive approvals, as required from Mn/DOT, for setbacks, modifications to 58'x' Street, and signals at 58'x' Street and Highway 5, as outlined in the July 3, 2007 letter from the City Engineer. 3 Page 55 of 96 City Council Agenda 8/28/07 6. The Planning Commission and City Council reeonimc ds that a frail be extended the frill length along; 58€' Street to Memorial Avenue in conjunction the development of the auto dealership. 7. `rhe grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creel: Watershed District. K. The submitted utility plan is subject to review and approval by the City Engineer. 9. Customer parking stalls shall be appropriately signed. 10. No vehicle parking shall be allowed outside of the paved parking areas or five designated and paved display pads on site. 11. All drive aisles shall be at least 22 feet in width or subject to review and approval of the City Engineer. 12. The landscape plan shall be revised to address the comments of the May :30, 2007 landscape plan review subject to approval of the City Arborist. 13. The building materials and color samples provided by the applicant are favorable to the Planning Commission. 14. All parking lot lighting shall be full out off, shoe; box style fixtures, with lenses that are fully shielded and that do not exceed 25 feet from ground level to the top of the fixture. 15. All building lighting shall be full cut off, shoe box Fixtures with lenses that are fully shielded. There shall be no flood lighting of building facades. 16. A revised light plan with photometrics shall be submitted meeting all 'Zoning Ordinance light intensity require€..eats subject to review and approval of City staff. 17. All outdoor lighting for parking lots shall be turned off one hour after store closing, except for security lighting. The applicant shall provide a plan, subject to approval of City staff for lighting shut off. 18. The trash. enclosure shall be provided with additional screening landscaping, subject to review and approval of the City Arborist. 19. The applicant shall provide details oil how the flag; will be lit, and raised and lowered. 20. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays and car wash shall be kept closed except when vehicles are being moved In or out of service areas. 21. There shall be no exterior storage of automobile parts or related items oil the site. All parts storage shall be internal to the building. A Page 56 of 96 City Council Agenda 8/28/07 22, All noise created 13'0111 Operations on the site shall be in conformance with Section 401.15.f3.1 l of the Zoning 01-di"ance. 23. An outdoor paging system shall not he allowed. 24. The applicant shall receive and retails, if required, a Hazardous Waste Generators license front Washington County for the automobile dealer/service operation, 25. All signs shall include illumination of only the text and logo portion of the messages. 26. Signage shall he /united to a total of 10 wall sighs and four freestanding signs not to exceed a total of 630 square feet of sign area. 27. A condition of this approval is that the applicant cuter into a development agreement, as prepared by the City Attorney and approved by the City Administrator, containing provisions including, but not limited to, the construction and placement of financial security for site inmprovements, payment of applicable City connection fees, placement of financial security and requirements for extension and/or construction of City roadways, utilities for the: site and related water, sanitary sewer and storm sewer improvements, Recommended by the Planning Commission of the City of Oak Park Heights this 12'x' day of July 2007, AT FST: Eric A. Johnson, City Administrator Michael Liljegrcn, Chair 5 Page 57 of 96 City Council Agenda 8/28/07 Attachment A Washington County GEO Code: 06,29.20,13.0012 Legal Description: Lot 2, Block 1, Oak Park Station Address: Physical Address Not Yet Assigned Location: S. of 581h St. N, and E, of Memorial Ave. N. Page 58 of 96 City Council Agenda 8/28/07 ATTACHMENT B Comprehensive Plan Amendment, Zoning District Amendment, Conditional Use Permit (CUP), Sign Variance, Subdivision Re -platting, Utility & Drainage Easement Vacation, and Site Plan/Design Guidelines Review Jerden LLC -- Stillwater Cadillac Automotive Dealership Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property `rax Statements)/Legal Description(s) Conference With City Staff Upon Application Submittal: June 13 and 27, 2007 Planning Commission Public Hearing & Recommendation: July 12, 2007 Required Approvals: Planning Commission 3/5 City Council 4/5 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) 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the zoning Administrator not less than thirty (30) days before the expiration of said approval. (401 A.0 .1 — 401.4.C.2) Page 59 of 96 City Council Agenda 8/28/07 SOL€1TI®N 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 WHEREAS, the City of Oak Park Heights has received a request from Jerden LLC for a Comprehensive Plan amendment, zoning district amendment, conditional use permit, sign variance, subdivision replatting, vacation of existing platted utility and drainage easements, and site plan/Design Guidelines review to allow for the development of a new automobile dealership at the corner of 58tt' Street and Morning Dove Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Parr Heights recommended that the application be approved with conditions. The City Council 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: SEI; ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and City: SEE XrTACHMENT B 3. The applicant has specifically requested the following; actions from the a. A Comprehensive Plan Land Use Map amendment to redesignate the area to be described as Outlot A, Jacobs Third Addition from Highway Business to Commercial land use. b. A rezoning of that area to be described as Outlot A, Jacobs Third Addition from B-3, Highway Business and Warehouse to B-2, Gene rs6i District. sof 96 'str�ct' City Council Agenda 8/28/07 c. A conditional use permit to allow an auto dealership in the B-2, General Business District. d. A replatting/prel imi nary plat of the area from Oak Park Station to Jacobs Third Addition. e. A vacation of existing; utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2°d Addition; Lot 1, Block 2, Kern Center; and on 1,ot 2, Block 1, Oak Park Station. f A variance to exceed the allowable site signage to 630 square feet and the number of allowable freestanding and wall signs. g. Site plan and Design Guidelines review and approval. 4. City staff prepared a planning report dated July 5, 2007 reviewing the requested actions; and 5. City staff recommended in the July 5, 2007 planning report that the requests be approved with conditions; and 6. The Planning Commission held a public hearing at their July 12, 2007 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW,'ITII+aRI!,I+ORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE A. The application submitted by Jerden lX.0 for a Comprehensive Plan amendment, zoning district amendment, conditional use permit, sign variance, subdivision replatting, vacation of existing platted utility and drainage easements, and site pian/Design Guidelines review to allow for the development of a new automobile dealership at the corner of 58t" Street and Morning Dove Avenue and affecting the real property as follows: SEI; AT I,ACfIMI?NT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following findings: 2 Page 61 of 96 City Council Agenda 8/28/07 Comprehensive Plan Amendment. I. The site is provided significant visibility from Highway 5 and convenient access from 58`" Street. The area to be redesignated is an appropriate area for development of general commercial uses. 2. The land use designation of commercial is consistent with the goals and policies of the Comprehensive Plan. 3, The commercial land use designation is compatible with the surrounding highway business and warehouse uses of the area. Zoning Amendment: I. The B-2, General Business District is compatible with the surrounding B-3, Highway Business and Warehouse District uses. 2. An existing area of B-2, General Business District is found directly across Highway 5 from the area to be rezoned. Variances: 1. I.]ue to restricted views that the auto dealership will have once the area is developed, a sign variance is warranted for what is requested. 2. The proposed wall signage is conservative in size and Hauch of the message area is informational or directional. 3. Other than the pylon sign, the freestanding signs are within allowable sign limits and provide more directional than advertising messages. And subject to the following; conditions: 1. The City shall require the submission of a redevelopment plan for the existing dealership properties at 14738 60"' Street North and 14702 60'x' Street North. The plans shall also indicate a timeline for redevelopment and shall be submitted not later than January 30, 2008. Said plans shall be subject to review and approval of the City Council and City staff. The City may withhold occupancy permits on the applicant's other structures until such time that a reasonable redevelopment plan is submitted. Should any redevelopment or reuse of the sites not include a demolition of the current structure or other material alterations, such sites shall be required to be brought into compliance for all curbing, drainages, sidewalks and setbacks not later than January 30, 2008. 2. The sites located at 14735 60'x' Street North and 14702 60€' Street North and the adjacent properties utilized as ancillary to these properties, shall forfeit any current authorities to continue the use of the property for auto sales or other uses that require a conditional use permit. All subsequent uses must be compliant with the current all City zoning 3 Page 62 of 96 City Council Agenda 8/28/07 regulations of such properties, including; B-2 and R -B as shown on the City's Zoning; Map. 3. All existing; utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2" `1 Addition; .Lot 1, Block 2, Kern Center; and on Lot 2, Block 1, Oak Park Station shall be vacated subject to review and approval of the City Engineer and City Attorney and following a public hearing; of the City Council. 4. All required utility and drainage easements created by the Oak Park Station shall be rededicated with the new plat of Jacobs Third Addition subject to review and approval of the City Engineer and City Attorney, 5. A final plat shall be submitted for review and approval of the City Council, City Engineer and City Attorney. 6. All City Engineer recommendations for roadway, traffic, and access improvements, as outlined in the July 3, 2007 letter, shall be implemented by the applicant. 7. The applicant shall receive approvals, as required from Mn/DOT, for setbacks, modifications to 58t1' Street, and signals at 58`1' Street and Highway 5, as outlined in the July 3, 2007 letter from the City Engineer. 8. The City Council requires an eight foot trail be extended the full length along 58`11 Street to Memorial Avenue and along; Memorial Avenue to the south edge of Outlot A Jacobs Third Addition in conjunction with the development of the auto dealership. 9. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 10. The submitted utility plan is subject to review and approval by the City Engineer. 11. Customer parking stalls shall be appropriately signed. 12. No vehicle parking shall be allowed outside of the paved parking areas or two designated and paved display pads on site. 13. All drive aisles shall be at least 22 feet in width or subject to review and approval of the City Engineer. 14. The landscape plan shall be revised to address the comments of the May 30, 2007 landscape plan review and subject to approval of the City Arborist. 15. The building materials and color samples provided by the applicant are favorable to the Planning Commission and City Council. 16. All parking; lot lighting; shall be full cut off, shoe box style fixtures, with lenses that are fully shielded and that do not exceed 25 feet from ground level to the top of the fixture. 4 Page 63 of 96 City Council Agenda 8/28/07 17. All building lighting shall be full cut off, shoe box fixtures with lenses that are fully shielded. There shall be no flood lighting of building facades. 18. A revised light plan with photometrics shall be submitted meeting all Zoning Ordinance light intensity requirements subject to review and approval of City staff. 19. All outdoor lighting for parking lots shall be turned off one hour after store closing, except for security lighting. The applicant shall provide a plan, subject to approval of City staff for lighting shut off. 20. The flat; pole shall not exceed 35 feet and the applicant shall provide details on how the flag will be lit, and raised and lowered. 21. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays and car wash shall be kept closed except when vehicles are being moved in or out of service areas. 22. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall be internal to the building. 23. All noise created from operations on the site shall be in conformance with Section 401.15.13.11 of the Zoning Ordinance. 24. An outdoor patting system shall not be allowed. 25. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the automobile dealer/service operation. 26. All signs shall include illumination of only the text and lotto portion of the messages. 27. Signage shall be limited to a total of 10 wall signs and four freestanding signs not to exceed a total of 630 square feet of sign area. 28. A condition of this approval is that the applicant enter into a development agreement, as prepared by the City Attorney and approved by the City Administrator, containing provisions including, but not limited to, the construction and placement of financial security for site improvements, payment of applicable City connection fees, placement of financial security and requirements for extension and/or construction of City roadways, utilities for the site and related water, sanitary sewer and storm sewer improvements. Approved. by the City Council of the City of Oak Park Heights this 28`h day of August 2007. David 13eaudet,lVlayor ATTEST: Eric A. Johnson, City Administrator 5 Page 64 of 96 City Council Agenda 8/28/07 Oak Park Heights Request for Council Action Meeting bate August 24th, 2007 Time Required: 5 Minutes Agenda Item Title: Old Business Agenda Placement '(Tater Tower #1 Update -Construction Commencement Originating Department/ RequeXgr" Z 1 Eric Johnson. Cit- Admini Requester's Signature Action Requested Discu Background/Justification (P�e�se indicate if any previous action has been taken or if other public bodies have advised): Staff desires to take ars opportunity to brief the City Council on the upcoming Water Tower #1 Rehabilitation Project that is slated to begin Sept 5`". As noted in the attachments, there will be some temporary impacts to the City Hall site, parking tat and traits. One specific discussion should be the possible closing of the thru-way westwardly from 57`f' street to Oakgreen thru the parking lot. Staff is anticipating sending out a local notice following final Council discussion if that stretch is to be 'TEMPORARILY closed. Page 65 of 96 City Council Agenda 8/28/07 Draft Water Tower Site .)Ulan and issues - Normally a 250' X 250' Site Set-up Starting 8/20/05 — Construction starts 9/5/07 7AM to 7 PM Monday through Saturday Complete by October 19, 2007 Two Sand Blast trailers, one Air corepressor trailer and Tank Truck take 40' X 80' footprint planned south of PW Garage to west tree line. No crossing of high pressure air hose lines. Air Curtain and Shroud will overhang tower by about 25 feet. - Required to be buried at 6 foot (air and weight seal) takes out cherry tree and all shrubs and rock currently around tower. Temporary drive to be kept open between Tower Shroud and Well house for PW M Dumpster to be moved to accessible point for construction period Trail closed ahead at intersection and trail closed at NE corner of building — People may use unofficial trail east of Police Garage Air handling and HEPA filter building to SE of tower w.. Cuts off through street and some parking - Road closed signs at both City Hall entries — in/out parking maintained by temporary center stripe — Trine corner parking stalls for through access — maintain minimum of 20 parking Awnings may need to be placed over entry sidewalk and some parking areas during some work Impound vehicles will need to use trail access or 7 PW to recover signs and material it wants — also remove right turn arrow at east entrance - Contact list and, daily in/out log of workers maintained by PW - PW to drain tower over Labor Day Weekend - Draft site plan attached Page 66 of 96 City Council Agenda 8/28/07 Construction Zone W 1� J ersectioll at d CloseA TrI111 E.* 'M p Park -4 w2/11(' Oldfield Detour -) Page 67 of 96 City Council Agenda 8/28/07 This Page Is Left Intentionally Blank. Page 68 of 96 City Council Agenda 8/28/07 Oak Park Heights Request for Council Action Meeting Date August 28`x' 2007 'rime Required: 10 Minutes -- Agenda Item Title: Bremer Bank -- Planned Unit Develo meat• General Review and Variances for Sianave w/ Drive Thru — Corner of 601" Street an Agenda Placement New Business Originating DepartmentJRetr F, Requester's Signature Action Requested 1�pv_ soluti oils ENUOSURE 8 Background/Justification (PWse indicate if any previous action has been taken or if other public bodies have advised): Please see enclosed from Scott Richards, City Planner: 1. July 315 beano from Scott Richards discussing the earlier review delay as requested by Bremer Bank, 20 Staff Report dated July 6"', 2007 (attachments can be found in the July Planning Commission packet) 3. Planning Commission Resolution — Unsigned 4. Proposed City Council Resolution. Page 69 of 96 City Council Agenda 8/28/07 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 554-22 Telephone: 763.231 .2555 Facsimile: 763-231-2661 plan ners(q�nacpianning.cam 1l .�a" ]rrJaIT1 TO: Eric Johnson FROM: Scott Richards DATE: July 31, 2007 RE: Oak Parr Heights — Bremer Bank Planned Unit Development: General Plan Review, Site Plan Review, and Variances for Signage FILE NO: 798.02 -- 07.07 Please find attached the July 6, 2007 planning report for the Bremer Bank request. As you are aware, the applicants asked that this issue be continued to the August 9, 2007 meeting. The plans remain as submitted with no changes from the July meeting. The delay in consideration will allow for representatives of Bremer Bank to attend the August meeting. They are especially interested in explaining to the Planning Commission why the additional monument sign and wall signs are necessary. The City has extended the review period for this application to the 120 day allowance. The City Council will need to take action on this request no later than October 10, 2007, Page 70 of 96 City Council Agenda 8/28/07 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4£300 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2565 Facsimile: 763.231.2561 plannersc@nacplanning.com MEMORANDUM TO: Eric Johnson FROM: Carie Fuhrman/Scott Richards DATE: July 6, 2007 RE: Oak Park Heights — Bremer Bank --- Planned Unit Development: General Plan Review; Site Plan Review, and Variances for Signage NAC FILE: 798.02 — 07.07 BACKGROUND Application, 1=rauenshuh Commercial Real Estate Group, on behalf of Bremer Bank, has applied for a PUD, general plan approval; site plan review; and a variance for signage. Bremer Bank is proposing a single story bank with a drive-through to be constructed on Lot 6, Block 1 of Oak Park Commons. The site is approximately one acre in size and is located on the corner of 60th Street North and Nova Scotia Avenue North. The bank is proposed to be 4,400 square feet, contain a four -lane drive-through, full-service banking floor inside with a walk-up teller line, offices, meeting facilities, vault, and safe deposit boxes. Bremer Bank is also requesting to place a second freestanding, monument sign on the northwest corner of the site, which requires a variance due to the fact that the Ordinance only allows one freestanding development sign on a site. In addition, Bremer Bank is requesting three wall signs on the exterior surfaces of the building, while the Ordinance only allows two wall signs total. Attached for Reference. Exhibit A — Title Sheet (AO) Exhibit B — Topographic Survey (CO) Exhibit C — Grading, Drainage, & Erosion Control Plan (C1) Exhibit D -- Utility Plan (C2) Exhibit E — Civil Details (C3) Exhibit F — Watershed Plan (C4) Exhibit G — Landscape Plan (1-1) Exhibit H — Site Plan dated 6-28-07(A1.0) 1 Page 71 of 96 City Council Agenda 8/28/07 Exhibit I — Floor Plan (A2.0) Exhibit J — Roof Plan (A2.1) Exhibit K-1 — Exterior Elevations (A3.0) Exhibit K-2— Exterior Elevations (A3.1) Exhibit L — Photometric Plan (P1) Exhibit M-1 — Colored East Elevation Exhibit M-2 — Colored North Elevation Exhibit M-3 -- Colored West Elevation Exhibit N — Sign Detail Exhibit 0-1 — Photograph of existing bank Exhibit 0-2 — Photograph of existing bank Exhibit 0-3 — Photograph of existing bank Exhibit P — City Engineer Comments ISSUES ANALYSIS Zoning. Lot 6, Block 1 of Oak Park Commons is zoned B-4, Limited Business District. "Banks, savings institutions, credit unions, and other financial institutions, including drive-throughs" are permitted uses in the B-4 District. Concept Plan approval was already received for the proposed bank as part of the Oak Park Commons Planned Unit Development review. The following table illustrates the required and proposed general zoning regulations for this site: Regulation Lot Line Required Proposed Front Setback North 60th Street N.) 40 feet 40' Fast (Nova Scotia Ave. N.) 40 feet 67' South (Private Street) 40 feet 96' 9" Side/Rear Setback West (Lot 5) 20 feet 69' 6" Lot Area N/A __ 15,000 s . ft. 41,817 sq. ft. Lot Width 60th Street N. Nova Scotia Ave. N. 100 feet 190 feet 100 feet 215 feet Building Height N/A 35 feet 24.5 feet Parking Lot Design. The parking stalls are 9 feet wide and 20 feet in length, which meets the Ordinance requirements. The access aisle widths are 26 feet, ten inches wide and 22 feet wide, which both meet the minimum Ordinance requirement of 22 feet. Number of Spaces. The parking lot is proposed to have 26 parking spaces, including two handicapped accessible parking stalls. Ten parking stalls are proposed on the south side of the property, 12 of the parking spaces are proposed on the east side of the property, and four parking stalls are counted within the drive-through lanes. The Ordinance requires one space per 250 square feet of floor area. The proposed bank is 4,440 square feet in area. 4,440 x 0.9 = 3,996/250 = 15.98 -> 16 parking spaces 2 Page 72 of 96 City Council Agenda 8/28/07 The Ordinance also requires two spaces for each drive-in unit plus drive aisle stacking space of 180 feet for each drive-in unit. 4 drive-in units x 2 spaces = 8 parking spaces Therefore, the Ordinance requires a total of 24 parking spaces, which is met by the proposed parking plan. Entrance/Exit. The site will be accessed from the south, off of the primary east - west service drive (private street) that traverses the north end of Oak Park Commons. The entrance to the site shall be from the southeast corner of the property, and the exit shall be from the southwest comer of the property. According to the applicants, a variety of site access studies were completed, which analyzed both single and double points of entry and egress. However, circulation clarity and safety were maximized with the configuration that is utilized in the proposed plans. The Ordinance requires all off-street parking facilities to be designed and constructed with appropriate means of vehicular access to a public street. Except in the case of a planned unit development, each lot shall have access directly onto an abutting, improved and City -accepted public street. The proposed access off of the private street meets the Ordinance because this is a proposed planned unit development. The property owners shall finish the construction of the private road along the property line of the subject property. Intersection Separation. Initially, the applicants proposed that the east driveway be an entrance and an exit to the property. However, that curb cut access into the parking lot is proposed to be approximately 40 feet from the intersection of Nova Scotia Avenue North and the private street (measured from the intersection of lot lines), which does not meet the Ordinance requirement of a 60 foot setback. Therefore, staff suggested the applicants turn the entrance/exit at the east driveway into strictly an entrance in order to alleviate congestion with vehicles that would be exiting the parking lot at this point. The applicants revised the site plan, and this change is reflected in A1.0. Curbing. The Ordinance requires that a continuous concrete perimeter curb barrier be located around the entire parking lot and shall not be closer than 10 feet to any lot line. A portion of the concrete curb is located within 5.5 feet of the west property line. The concrete curb setback will be subject to approval of the City Engineer being this is a part of a PUD application. Sidewalk. The submitted site plan indicates an existing sidewalk that runs along Nova Scotia Avenue North and 60th Street North. There is no indication of a sidewalk entrance into the bank parking lot. The site plan shall be updated to indicate a sidewalk entrance into the parking lot for pedestrian access, preferably along the east side of the property near the handicap parking. 3 Page 73 of 96 City Council Agenda 8/28/07 Impervious Surface. According to C4, the proposed site will contain 0.69 acres of impervious surface, which is 72% imperious surface. Due to the significant amount of impervious surface, staff is recommending that the parking area on the south side of the property be shifted to the north approximately four feet to ensure the drive aisle width of 22 feet is still met. This will add increased green space to the subject property. Lighting Plan. Fixtures. The submitted photometric plan indicates five single shoebox fixtures on 25 foot poles, to be located as follows: one on the north side of the property, two on the east side of the property, one on the south side, and one on the west side. These shoebox fixtures are shielded fixtures, with fully recessed lamp sources. The lighting shall be arranged to deflect light away from adjoining property or public right- of-way, so the luminaire shall contain a cutoff, which directs and cuts off the light at an angle of 90 degrees or less. The maximum height above the ground grade permitted for light sources mounted on a pole is 25 feet. Lighting is also proposed on the exterior of the building in three locations. Recessed cans in the soffit, above the main entrance (fixture type `D1'); recessed square canopy fixtures installed inside the drive-through canopy structure (fixture type 'D2'); and surface -mounted fixtures, above the emergency exit door (fixture type 'L'). All exterior fixture types will utilize fully shielded lamp configurations. The fixtures located within soffits are also fully recessed in their locations and shielded from view. Intensity. The submitted photometric plan meets the Ordinance requirements for lighting intensity. Location. The single shoebox light fixture proposed on the west property line does not meet the required setback from the side property line. The Lighting Plan indicates that this light fixture is proposed to be located directly on the west property line adjacent to Lot 5. The Ordinance requires the light source of an outdoor light fixture to be setback a minimum of five feet from an interior side lot line. Therefore, the revised Lighting Plan shall indicate that this proposed light fixture meets the required setback from the side lot line. Hours. Outdoor lighting for parking lots shall be turned off one hour after closing, except for approved security lighting. Landscape Design. The Landscape Plan shall be subject to approval by the City Arborist. Signs. The site plan indicates two "exit only" signs proposed at the west driveway. The east driveway shall also be signed, indicating that it is an entrance only. The site plan also indicates an address sign on the east elevation of the building, facing Nova Scotia Avenue North. The elevation notes indicate that the numbers will not exceed three square feet, which meet the Ordinance requirement. In addition, the 4 Page 74 of 96 City Council Agenda 8/28/07 numbers shall be metal, glass, plastic or durable material, and the numbers shall not be less than 3.5 inches in height, in a contrasting color to the base or made of some reflective material, and so placed to be easily seen from the street. The submitted site plan also includes a proposed monument sign on the northwest corner of the site. The sign is approximately eight feet tall and 52 square feet. However, the subject site already contains an existing monument sign advertising the entire development on the northeast corner of the property. The Ordinance only allows a maximum of one freestanding development sign; therefore, a variance is required. The site plan also indicates three walls signs proposed on the bank. Each sign is on a separate building facade: one on the north, east, and west elevations of the building. Each sign appears to be approximately 31 square feet in area. The Ordinance only allows a maximum of two walls signs on any principal building; therefore, a variance is required. All illuminated on -premise and off -premise signs for advertising purposes shall be turned off between 11:00 PM and sunrise, except that said signs may be illuminated while the business facility on the premise is open for service. Building Type and Construction. Quality. The proposed building meets the quality standards of the Ordinance, which states that buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety, and general welfare. Photos of another recently completed Bremer Bank have been included with the report. The photos illustrate the bank's size, scale, composition, colors, and exterior materials. Exterior Finishes. The exterior of the bank is proposed to be finished with the following materials: ashlar gray rock face concrete block; jumbo modular face brick; vertical windows with insulated glazing; synthetic stucco with a sandpebble texture. The roof structure is proposed to be composed of bare galvanized sheet metal roofing with insulated glazing windows that are exposed between the walls and the roof structure. All of the proposed exterior building finishes are consistent with the Ordinance standards for grade and quality. Trash Enclosure. The proposed trash enclosure meets the following Ordinance standards: a. The exterior wall treatment is similar to the principal building. b. The trash receptacle area is located in the rear/side yard. 5 Page 75 of 96 City Council Agenda 8/28/07 c. The trash enclosure is in an accessible location for pick up hauling vehicles. It is located near the west entrance/exit to and from the parking lot. d. The trash receptacle is screened from view of the public rights-of-way to the north and east and also the private road to the south of the property. However, the trash receptacle is not fully screened from view of the adjacent property to the west. Therefore, additional landscaping shall be added between the trash receptacle and the property line to the west. Mechanical Equipment. The roof plan indicates several items that are proposed to be located on the roof. If any of the mechanical equipment located on the roof is visible from the street level or from neighborhood properties, it shall be screened with a material designed to blend harmoniously with the building facade materials. Grading/Drainage. The Grading, Drainage, and Erosion Control Plan shall be subject to approval by the City Engineer. See additional engineering comments in Exhibit P. Variance. Variance criteria is provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and City Council should review the following criteria and conditions to determine if the variance is justified. Review Criteria, The Planning Commission and City Council should make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. C. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g, Violate any of the terms or conditions of Item 5, below. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that., a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 6 Page 76 of 96 City Council Agenda 8/28/07 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property in question to a reasonable use. C' The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structure or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The request is not a use variance. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The request does not create an inconvenience to neighboring properties and uses. Comment regarding the second monument sign: In response to the criteria and conditions listed above, granting the variance request to allow a second monument sign would be awarding the applicant a special privilege that is denied by this Ordinance to other lands, structure, or buildings in the same district under the same conditions. The site and building are highly visible from Highway 36. A freestanding sign that exists on site could advertise the Bremer Bank. Allowing the bank to construct an additional freestanding, advertising sign without a justified hardship would set a precedent for future requests. For these reasons, City planning staff recommends that the second monument sign variance be denied. Comment regarding the third wall sign: in response to the criteria and conditions listed above, the proposed wall signs are fairly small in size and granting the variance request to allow the third wall sign will not create an inconvenience to neighboring properties and uses. The City has granted a third wall sign to allow better visibility from Highway 36 for other businesses in this area. For these reasons, City planning staff recommends that the third wall sign variance be approved. RECOMMENDATION AND CONCLUSION After reviewing the request and the criteria and conditions for variance approvals, staff recommends denial of the request for the additional freestanding, monument sign on the subject property. 7 Page 77 of 96 City Council Agenda 8/28/07 After reviewing the request and the criteria and conditions for variance approvals, staff recommends approval of the request for the third wall sign on the proposed building. After reviewing the request for the PUD, general plan review, and site plan review, staff recommends approval of the proposed Bremer Bank. The recommendation is made with the following conditions: 1. The property owners shall finish the construction of the private road with curb and gutter along the property line of the subject property. 2. The outdoor lighting for the parking lot shall be turned off one hour after closing, except for approved security lighting. 3. The lighting shall be arranged to deflect light away from adjoining property or public right-of-way, so the luminaire shall contain a cutoff, which directs and cuts off the light at an angle of 90 degrees or less. 4. The maximum height above the ground grade permitted for light sources mounted on a pole is 25 feet. 5. The trash receptacle shall be fully screened from view of the adjacent property to the west. Additional landscaping shall be added between the trash receptacle and the property line to the west. 6. The Landscape Plan shall be subject to approval by the City Arborist. 7. If any of the mechanical equipment located on the roof is visible from the street level or from neighborhood properties, it shall be screened with a material designed to blend harmoniously with the building fagade materials. 8. A revised parking plan shall be submitted that indicates the following: a) The east driveway shall be signed, indicating that it is an entrance only; b) The concrete curb setback shall be subject to approval of the City Engineer; c) The site plan shall be updated to indicate a sidewalk entrance into the parking lot for pedestrian access to the bank, preferably along the east side of the property near the handicap parking; and d) Due to the significant amount of impervious surface, staff is recommending that the parking area on the south side of the property be shifted to the north approximately four feet to ensure the drive aisle width requirement of 22 feet is still met. This will add increased green space to the subject property. 9. The address sign numbers shall be metal, glass, plastic or durable material. The numbers shall not be less than 3.5 inches in height, in a contrasting color to the base or made of some reflective material, and so placed to be easily seen from the street. 10. The Grading, Drainage, and Erosion Control Plan shall be subject to approval by the City Engineer. 11. Any additional comments or conditions of the City Council, Planning Commission, or City Staff. g Page 78 of 96 City Council Agenda 8/28/07 A RECOMMENDING RESOLUTION OF TIED PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND COMMENDING TO THE CITY COUNCIL THAT THE WHEREAS, the (arty of Oak Park 14eights has received a request from Bremer Bank for a Planned Unit Development general plan approval, site plan review, and a variance for wall and monument signage to allow a bank with a drive-through at the corner of 60`t' Street and Nova Scotia Avenue North within the Oak Park Commons; 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: SEF ATTACI1MENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATI'ACI-IMENT I3 and 3. Concept plan approval for the subject site and development that includes Lowe's has been granted by the City Council; and 4. The property is zoned B-4, Limited Business District. The subject property requires Planned Unit Development general plan of development approval, site plan and Design Guidelines review; and 5. The applicants have also requested a sign variance to allow for a monument sign and a third wall sign on the building; and 6. City staff prepared a planning report dated July 6, 2007 reviewing the applications; and Page 79 of 96 City Council Agenda 8/28/07 7. City staff recommends in the July 6, 2007 planning report that the request be approved with conditions except for the variance for the monument sign; and 8. The Planning Commission held a public hearing at their August 9, 2007 meeting, took comments from the applicants and public, closed the public hearing, and mads: the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY TIFF PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Bremer Bank for a Planned Unit Development general plan approval, site plan review, and a variance for wall and monument signage to allow a bank with a drive-through at the corner of 60«' Street and Nova Scotia Avenue Notch within the Oak Park Commons and affecting the real property as follows: SEE ATTACHM1=sNT A The Planning Commission recommends to the City Council of the City of Oak Park Heights the Planned Unit Development general plan approval, site plan review and variance for the third wall sign subject to the following findings of fact for the third wall sign variance: 1. The applicants have proposed. a total of three wall signs, each on different facades of the building. 2. The total square footage of each wall sign is less than 33 square feet each or a total of less than 100 square feet. 3. The third wall sign ensures visibility of the bank and drive-through from both east and west bound traffic on Highway 36. And, the Planning Commission recommends denial of the request for a monument sign subject to the following findings of fact: 1. A freestanding sign for the development is already Iocated within the subject property. The applicant may have the opportunity to advertise on this sign. 2. The bank shall be adequately visible from. Highway 36 and local roadways with the two allowable wall signs and a wall sign allowed by variance. 3. Allowing a monument sign variance for this business will set a precedence for all shopping center businesses to request individual freestanding signs. The approvals are subject to the following conditions: I. The property owners shall finish the construction of the private road with curb and gutter along the property line of the subject property. 2 Page 80 of 96 City Council Agenda 8/28/07 2. The outdoor lighting for the parking lot shall be turned off one hour after closing, except for approved security lighting or as directed in the Planned Unit Development approvals. 3. The lighting; shall be arranged to deflect light away from adjoining property or public right-of-way, so the luminaire shall contain a cutoff, which directs and cuts off the light at an angle of 90 degrees or less. 4. The maximum height above the ground grade permitted for light sources mounted on a pole is 25 feet. 5. The trash receptacle shall be fully screened from view of the adjacent property to the west. Additional landscaping shall be added between the trash receptacle and the property line to the west. 6. The Landscape Plan shall be subject to approval by the City Arborist. 7. If any of the mechanical equipment located on the roof is visible from the street level or from neighborhood properties, it shall be screened with a material designed to blend harmoniously with the building facade materials. 8. A revised parking; plan shall be submitted that indicates the following: a) The east and west driveways shall be signed, indicating; that the east is entrance only and west is exit only. All directional signage shall be subject to review and approval of the City Engineer. b) The concrete curb setback shall be subject to approval of the City Engineer. C) The site plan shall be updated to indicate a sidewalk entrance into the parking lot for pedestrian access to the bank, preferably along the east side of the property near the handicap parking subject to approval of the City Engineer. d) Due to the significant amount of impervious surface, staff is recommending that the parking area on the south side of the property be shifted to the north approximately two feet to ensure the drive aisle width requirement of 24 feet is met. This will add increased green space to the subject property. 9. The address sign numbers shall be metal, glass, plastic or durable material. The numbers shall not be less than 3.5 inches in height, in a contrasting color to the base or made of some reflective material, and so placed to be easily seen from the street. 10. The Grading, Drainage, and Erosion Control Plan shall be subject to approval by the City Engineer. Recommended by the Planning Commission of the City of Oak Park heights this 9"' day of August 2007. ATTEST: Eric A. Johnson., City Administrator Michael Liljegren, Chair Page 81 of 96 City Council Agenda 8/28/07 Attachment A Washington County GEO Code: 05-029-20-11-0055 Legal Description: Within Lot 6, Block 1, Oak Park Commons Physical Address: 5990 Nova Scotia Ave. N. Page 82 of 96 City Council Agenda 8/28/07 ATTACHMENT B Planned Unit Development (PUD): General Plan, Site Plan Review & Variance Bremer Bank Application Materials • Application Form • Fees (applicable) • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: August 9, 2007 Required Approvals: Planning Commission Majority Vote City Council Majority Vote Planned Unit Development 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) 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 83 of 96 City Council Agenda 8/28/07 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 WHEREAS, the City of Oak Park Heights has received a request from Bremer Bank for a Planned Unit Development general plan approval, site plan review, and a variance for wall and monument signage to allow a bank with a drive-through at the corner of 60'h Street and Nova Scotia Avenue North within the Oak Park Commons; and after having; conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions except for the variance for the monument sign. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: The real property affected by said application is legally described as Tallows, to wit: SIDE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE Af` ACHMENTB and 3. Concept plan approval for the subject site and development that includes Lowe's has been granted by the City Council; and 4. The property is zoned B-4, Limited Business District. The subject property requires Planned Unit Development general plan of development approval, site plan and Design Guidelines review; and 5. The applicants have also requested a sign variance to allow for a monument sign and a third wall sign on the building; and Page 84 of 96 City Council Agenda 8/28/07 6. City staff prepared a planning report dated July 6, 2007 reviewing the applications; and. 7. City staff recommends in the July 6, 2007 planning report that the request be approved with conditions except for the variance for the monument sign; and 8. 'Tho Planning; Commission held a public hearing; at their August q, 2007 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions except for the variance for the monument sign. NOW, THEREFORE, BE IT RESOLVED BY 'li'l{-IF CI'T'Y COUNCIL FOR THE CITY OF OATS PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: ING: A. The application submitted by Bremer Bank for a Planned Unit Development general plan approval, site plan review, and a variance for wall and monument signage to allow a bank with a drive-through at the corner of 60"' Street and Nova Scotia Avenue North within the Oak Park Commons and affecting the real property as follows: SEI; ATTACHMENT A The City Council of the City of Oak Park Heights approves the Planned Unit Development general plan approval, site plan review and variance for the third wall sign subject to the following findings of fact for the third. wall sign variance: 1. The applicants have proposed a total of three wall signs, each on different facades of the building. 2. The total square footage of each wall sign is less than 33 square feet each or a total of less than 100 square feet. 3. The third wall sign ensures visibility of the bank and drive-through from both east and west bound traffic on I €ighway 36. The City Council of the City of Oak Park Heights denies the request for a monument sign subject to the following findings of fact: 1. A freestanding; sign for the development is already located within the subject property. The applicant may have the opportunity to advertise on this sign. 2. The bank shall be adequately visible from Highway 36 and local roadways with the two allowable wall signs and a wall sign allowed by variance. 3. Allowing a monument sign variance for this business will set a precedence for all shopping; center businesses to request individual freestanding signs. Page 85 of 96 2 City Council Agenda 8/28/07 'rhe approvals are subject to the following conditions: 1. The property owners shall finish the construction of the private road with curb and gutter along; the property line of the subject property. 2. The outdoor lighting for the parking lot shall be turned off one hour after closing, except for approved security lighting or as directed in the Planned Unit Development approvals. 3. The lighting; shall be arranged to deflect light away froin adjoining property or public right-of-way, so the luminaire shall contain a cutoff, which directs and cuts off the light at an angle of 90 degrees or less. 4. The maximum height above the ground grade permitted for light sources mounted on a pole is 25 feet. 5. The trash receptacle shall be fully screened from view of the adjacent property to the west. Additional landscaping shall be added between the trash receptacle and the property line to the west. 6. The Landscape flan shall be subject to approval by the City .arborist. 7. If any of the mechanical equipment located on the roof is visible from: the street level or from neighborhood properties, it shall be screened with a material designed. to blend harmoniously with the building, facade materials. 8. A revised parking plan shall be submitted that indicates the following: a) The east and west driveways shall be signed, indicating; that the east is entrance only and west is exit only. All directional signage shall be subject to review and approval of the City Engineer. b) The concrete curb setback shall be subject to approval of the City Engineer. C) The site plan shall be updated to indicate a sidewalk entrance into the parking lot for pedestrian access to the bank, preferably along the east side of the property near the handicap parking subject to approval of the City Engineer. d) Due to the significant amount of impervious surface, staff is recommending that the parking area on the south side of the property be shifted to the north approximately two feet to ensure the drive aisle width requirement of 24 feet is met. This will add increased green space to the subject property. 9. The address sign numbers shall be metal, glass, plastic or durable material. The numbers shall not be less than 3.5 inches in height, in a contrasting color to the base or made of some reflective material, and so placed to be easily seen from the street. 10. The (wading, Drainage, and Erosion Control Plan shall be subject to approval by the City Engineer. Approved by the City Council of the City of Oak Park Heights this 281' day of August 2007. David 13ea.udet, Mayor ATTEST: Eric A. Johnson, City Adrninistrator 3 Page 86 of 96 City Council Agenda 8/28/07 Attachment A Washington County GEO Code: 05-029-20-11-0055 Legal Description: Within Lot 6, Block 1, Oak Park Commons Physical Address: 5990 Nova Scotia Ave. N. Page 87 of 96 City Council Agenda 8/28/07 ATTACHMENT B Planned Unit Development (PUD): General Plan, Site Plan Review & Variance Bremer Bank Application Materials • Application Form • Fees (applicable) • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: August 9, 2007 Required Approvals: Planning Commission Majority Vote City Council Majority Vote Planned Unit Development 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) 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.CA.1 and 2) Page 88 of 96 City Council Agenda 8/28/07 ENCLOSURE� Oak. Park Heights Request for Council ,Action Meeting Date August 28`x' 2007__ Time Required: ._ 3 Minutes Agenda Item "Title:Approve Resolution Authorizin the Instatlation of Parkin Rcstz�ictions on Oxboro Ave. N. Agenda placement New business Originating Department/RequestorEric Johnson, City Administrator _ _W Requester's Signature Action Requested Approve Resolution Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): As part of the continuing Washington County Campus - 2025 Expansion, the County has requested that the City of Oak Park Heights consider installation of short -terra (temporary) ora - street parking restrictions to aid in the turning movement of construction ve=hicles adjacent to the intersection of Oxboro Ave. and the STH 36 North Frontage Road (60`x` Street). Please see the attached wrap depicting the proposed area. Once the improvements at the Campus are substantially completed, or as may required by the: City, the restrictive signage and all other required markings would be removed by the County and the area would be returned to its current condition. Staff does not have any objections to this request at this time and does recommend the approval of the attached resolution. Page 89 of 96 City Council Agenda 8/28/07 RESOLUTION AUTHORIZINGTEMPORARY MPORA.RY PARK NG RESTRICTIONS ON OXBORO AVENUE NORTH WHEREAS, Washington County requests a temporary parking restriction on Oxboro Avenue North along the east side from. 60`x' Street North (North Frontage Road) north approximately 370' in the City of Oak Park Heights, Minnesota; and, WHEREAS, this parking; restriction would be installed to provide safer turning movements for construction vehicles as a part of the 2025 Country Campus Improvement project; and WHEREAS, the Washington County Public Works Department shall be responsible for installation and maintenance of the no parking signs in accordance with the MN MUTCD; and, WHEREAS, the signs and any additional markings shall be removed by Washington County Public Works Department once construction is substantially completed for the 2025 County Campus Improvement project or as may be directed by the City; and, WHEREAS, Minn. Statute 169.04 (1) allows the City to regulate the standing or parking; of vehicles on highways under its jurisdiction; and, WHEREAS, Oxboro Avenue North is under the jurisdiction of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED, that the parking of motor vehicles and construction equipment shall be prohibited on the cast side of Oxboro Avenue North from 60`r' Street North approximately 370'. NOW, THEREFORE, BE 1T IURTIER RESOLVED, that the City Council of Oak park Heights hereby authorizes the Washington County Director of the Public Works Department to install and maintain the appropriate signs at County expense, to designate this parking restriction, subject to the review and approval of the City Engineer. NOW, THEREFORE-, BE IT FURTHER RESOLVED, that the City Council of Oak Park Heights hereby authorizes the Washington County Director of the Public Works Department to remove such parking restrictions and related markings at such time when the 2025 County Campus Improvement Project reaches substantial completion or as may be required by the City of Oak Park Heights. Passed by the City Council for the City of Oak Park Heights this _._ day of _ , 2007. ATTEST: Eric A. Johnson City Administrator By Order of the City Council David Beaudet, Mayor Page 90 of 96 City Council Agenda 8/28/07 Vicinity Map ige 91 of 96 This Page Is Left Intentionally Blank. Page 92 of 96 City Council Agenda 8/28/07 P_I Oak Park Heights Request for Council Action Meeting Date August 28`", 2007 _ Time Required: 3 Minutes Agenda Item 'Fitle: Intersection of 62"" Stn Agenda Placement Originating Departrnen Requester's Signature Action Requested Background/Justificati bodies have advised): eR 3 ENGL(aSURE((1 indicate if any previous action has been taken or if other public As part of the continuing Washington County Campus _ 2025 Expansion, the County has requested that the cities of Oak Park Heights and the City of Stillwater consider the establishment of an All -Way stop at the intersection of 62'd Street N. and Oxboro Ave. N. The County has requested this installation alae to the anticipated increased traffic volumes and usage with the expansion project stemming from bath construction traffic and future increased overall traffic. Please mote that the Resolution also includes a provision that should the City in the future; decide that these stop -signs are not a necessity, the City may remove such signs including the westbound lame= on 62nd street lying in the City of Stillwater. Staff docs not have any objections to this request at this time and does recommend the approval of the attached resolution. Page 93 of 96 City Council Agenda 8/28/07 RESOLUTION ALL -WAS' STOP INS'T`ALLATION AT THE 62ND STREET NORTH ANIS OXRORO AVENUE NORTH INTERSEC'T'ION LOCATED IN THE CITIES OF OAK PARK WHEREAS, the intersection of 62"" Street North and Oxboro Avenue North currently operates as a four -legged intersection with the Oxboro Avenue North approaches stop controlled; and WHEREAS, the intersection is located in both the City of Oak Park Heights and the City of Stillwater; and, WHERE='AS, a traffic analysis shows that this intersection sloes not currently meet the criteria set forth in the Minnesota Manual on Uniform "Traffic Control Devices (MN MUI'CD) for an all - way stop; and, WHEREAS, there is an expected increase in traffic volumes due to construction traffic and increased usage of the Washington County Govemment Center because of the 2025 County Campus Improvement project; and, WHEREAS, this expected increase in traffic justifies the installation of all -way stop control at the intersection to safely and efficiently manage traffic flow; and, WHEREAS, the Washington County Public Works Department agrees to furnish and install the necessary traffic control devices to create an all -way stop condition at this intersection, in accordance with the MN MUTCD; and, WHEREAS, the City of Oak Park Heights shall be responsible for maintaining all installed devices located on roads under its jurisdiction, including the northbound and eastbound stop signs; and, WHEREAS, the City of Stillwater shall be responsible for maintaining all installed devices located on roads under its jurisdiction, including southbound and westbound stop signs after installation is complete. NOW, THEREFORE-, BE 1'f RESOLVED, that the City of Oak Park heights hereby authorizes the Washington County Director of the Public Works Department, subject to the final review and approval of the City Engineer, to furnish and install at County expense the appropriate signs to establish an all -way stop condition at the intersection of 62"a Street North and Oxboro Avenue North located in the Cities of Oak Park Heights and Stillwater. NOW,THEREFORE, BE IT FURTHER RESOLVED, that the City of Oak Park heights hereby agrees to maintain all installed devices located on roads under its jurisdiction, after installation is complete. Page 94 of 96 City Council Agenda 8/28/07 NOW, 'TIJERIaFORE, BE IT kURTI-II- R RESOLVED, that the City of Oak Park Heights may additionally remove the installed devices within its jurisdiction as well as the westbound devices in the City of Stillwater at such time the City of Oak Park Heights requires such removal. Passed by the City Council for the City of Oak Park Heights this day of.___._, 2007 A`T'TEST: Eric A. Johnson City Administrator By Order of the City Council David Beaudet, Mayor Page 95 of 96 City Council Agenda 8/28/07 Oak Park Heights Request for Council Action Meeting Date Aupaust 28`x', 2007 Time Required: 3 minutes Agenda Item Title: Autumn Hills Park Shelter — Ribbon Cutting_/ Dedication Event Agenda Placement Originating Requester's Signature Action Requested I3ackg;round/Justi f icai bodies have advised): indicate if any previous action has been taken or if other public As the autumn l=ulls Park Shelter is now completed, the City Council may swish to hold a ribbon cutting / dedication ceremony. If so, the Council should select a date/time for a Ribbon -Cutting 1 Dedication went. Please note that mayor Deaudet has indicated that he is willing to donate to the Project a ceremonial plaque commemorating; the many individuals whose efforts made the development of this Project possible. He hopes to have a draft for City Council review and approval on Tuesday evening (8/28). In the future, the City will be required to accept this contribution by resolution. Page 96 of 96 City Council Agenda 8/28/07