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HomeMy WebLinkAbout08-27-2013 City Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, AUGUST 27, 2013 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pled Cre of All 'ance/A oval of A enda Estimated times 7:00 p.m. II. Council /Staff R gports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (1) 7:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda (Please limit comments to 3 minutes in length). 7:10 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — August 13, 2013 (2) C. Approve Site Agreement Amendment #1 for Tower #2 Sprint (3) 7:10 p.m. V. Public Hearings None 7:10 p.m. VI. Old Business A. St. Croix River Crossing Update 7:15 p.m. VII. New Business A. Pizza Ranch — Rezoning — Conditional Use Permit — Design Guidelines Review, Etc. (4) B. Consider Approving Study Relating to Reader- board/LED Signage (5) C. Installation of a Third Pressure Reducing Station (6) 7:45 p.m. VIII. Other Council Items or Ann----cements 7:50 p.m. IX. Adjournment Page 1 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 2 of 122 Oak Park Heights Request for Council Action Meeting Date August 27, 2013 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Adm,jW*ation/Jennifer pinski Requester's Signature Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 122 CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439 -4439 • Fax: 651/439 -05' August 15, 2013 Resident 5645 Oldfield Avenue North Oak Park Heights, MN 55082 Dear Resident: 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 15, 2013, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439 -4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratul o s! Jen 1fer Pinski Deputy Clerk Tree City U.S.A. Page 4 of 122 2 Oak Park Heights Request for Council Action Meeting Date August 27, 2013 Agenda Item Approve City Council Minutes — August 13, 2013 Time Req. 0 Agenda Placement Consent Originating Department/Requ stor Administration/Jennifer Pinski Requester's Signatur Action Requested Approve Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 5 of 122 CITY OF OAK PARK HEIGHTS TUESDAY, AUGUST 13, 2013 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledge of Alleziance /Approval of Agenda: Mayor McComber called the meeting to order at 7:26 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, and City Planner Richards. Absent: City Engineer Long. Mayor McComber added "Approve Amendment to City Administrator Contract" to the Consent Agenda as Item E. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5 -0. H. Summary of Closed Session from July 23, 2013 Meeting: City Attorney Vierling reported that no action was taken during the closed session at the July 23, 2013 meeting. III. Council/Staff Reports: A. Ma or McComber: She reported that the next Parks Commission meeting was set for August 19 and that there was a Parks Commission vacancy; She would be attending the MNDOT river tour on August 16; the next Summer Park Program event was a Safety Camp set for August 20 from 10:00 a.m. to noon; Party in the Park was set for September 8 from 1:00 — 3:00 p.m. at Brekke Park; Fall Clean-up was set for October 5 from 7:30 a.m. to 1:00 p.m. at the Andersen Corporation parking lot. B. Councilmember Dou : He reported that he attended the Middle St. Croix Water Management Organization and they were working on their 2014 plan and budget. C. Councilmember Libe en: No report. D. Councilmember Runk: He reported that the last Planning Commission meeting was held August 13 at 6:15 p.m. He stated the regular meeting on August 15 was cancelled. E. Councilmember Swenson: No report. F. Staff: City Administrator Johnson reported that residents will receive a direct mailing regarding a utility line insurance policy. He stated participation in the policy was entirely optional. Deputy Clerk Pinski reported that William Kane of 5324 Ojibway Avenue North was chosen as the recycling award winner. Page 6 of 122 City Council Meeting Minutes August 13, 2013 Page 2 of 3 IV. Visitors/Public Comment: None V. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — July 23, 2013 C. Approve SWAT Joint Powers Agreement D. Approve Soil Test Borings E. Approve Amendment to City Administrator Contract Councilmember Swenson, seconded by Councilmember Runk, moved to approve the Consent Agenda. Roll call vote taken. Carried 5 -0. VI. Public Hearings: None VII. Old Business: A. St. Croix River Crossing Update: Jon Chiglo from the Minnesota Department of Transportation provided a project update: there have been utility disruptions, excavating will commence the week of August 26, they are on schedule for all work east of Osgood, and Peabody will be paved by the end of September. Councilmember Swenson requested that MNDOT have a trooper placed at Osgood Avenue to monitor cross -over traffic. Chiglo responded that they could do so and that their traffic engineer was also monitoring that area. VIII. New Business: A. Hassis Paint Works — Conditional Use Permit: City Planner Richards reported that the City received a request for a Conditional Use Permit review to allow boat body repair, fiberglass operation, and gel coat repair. Richards reviewed his planning report which was included in the packet for that evening's meeting. Councilmember Swenson questioned what types of chemicals were going to be stored on site. Chris Hassis came forward and stated that gel coat, acetone, and resin would be stored in metal lockers. Swenson requested he provide an MSDS sheet to City Administrator Johnson. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5 -0. Page 7 of 122 City Council Meeting Minutes August 13, 2013 Page 3 of 3 B. Authorize Submission of Grant A lication and Allocation of Grant Matching Funds — Kaboom/PlayLd Cities Community Build: City Administrator Johnson reported that the grant program was similar to the community build grant received for the playground at the Moelter Site and required a match of at least $20,000. He suggested the City provide at $40,000 grant match and consider Swager Park for the playground location. Councilmember Swenson, seconded by Councihnember Dougherty, moved to authorize the submission of the grant application. Carried 5 -0. C. Award Contract for Moelter Site — Concrete Slab /Consider Alternates: City Administrator Johnson reported that two bids were received for a concrete slab for the hexagonal park shelter which was ordered, and Bell's Trucking was the low bidder. He stated that the Parks Commission requested alternate bids: alternate one for a 20 foot wing and alternate two for a 10 foot wing off of the shelter slab. He stated the Parks Commission supported the 20 foot extension which would exceed the budget. Councilmember Swenson, seconded by Councilmember Dougherty, moved to award the base bid to Bell's Trucking with alternate one. Carried 5 -0. IX. Other Council Items or Announcements None X. Adjournment Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjourn at 7:55 p.m. Carried 5 -0. Respectfully submitted, Jennifer Pinski Deputy Clerk Approved as to Content and Form, Mary McComber Mayor Page 8 of 122 „. Oak Park Heights Request for Council Action Meeting Date August 27th, 2013 Time Required: 1 Knote Agenda Item Title: A ve Site Agreement Amendment #1 for Tower #2 - S nt Agenda Placement Consent Ae / / r Originating Department/Re stork hnso Ci Administrator Requester's Signature Action Requested A rov S rint Site Agreement Amendment #1 with Conditions- Background/Justification (P a indicate if any previous action has been taken or if other public bodies have advised): Sprint (the Tenant) is proposing to modify the existing antennas and equipment at the Cell Site located at the Oak Park Height's Water Tower, located at 5810 Norrell Avenue for Sprint's Network Vision Project. Presently the Tenant has 6 panel antennas on top of the Water Tower at an elevation of approximately 131 '. The proposal is to first erect the 3 new antennas and 6 RRUs (remote radio units, 2 RRUs behind each new antenna) and get this equipment operational. Subsequently the 'old” equipment existing on the Water Tower as of the Effective Date of this Amendment (6 panel and related equipment) shall be removed Sprint also will be changing out electronics inside the Water Tower, plan sheet A -2 shows the existing equipment, interim design (both old existing and new equipment and final design where the old existing equip rent: is removed. Dudng the interim time period Tenant proposes to place the two new electronic cabinets adjacent to the existing equipment. This location is outside the present lease area inside the Water Tower and will need City permission to use additional space for a limited and specific time period. The Tenant will also change -out the coaxial cables from the equipment inside the Water Tower to the antennas. Presently there s. (6) i 518" coax cables to the existing antennas and shall be reduced to (3) 1.26" hybrid cables in the final design. When the conversion is complete there will be three antennas remaining on the tower, 3 less cables and less equipment inside the Water Tower and all equipment shall be contained within the currently defined permanent lease area. Staff does not have any material issues with the plan as this will reduce Sprint's footprint on the tower itself, will not reduce lease rates currently at $2,792.41 monthly nor have any anticipated impact on the City's use of the tower. The City will hire KLM Engineering, at Sprint's expense to ensure all removed equipment is properly addressed and that any new equipment follows industry standards. Recommendation: Authorize staff to execute the final Amendment with Sprint, subject to any final reviews or amendments by the City Attorney or City Engineer. (Attached is a draft agreement) Page 9 of 122 AMENDMENT NO. 1 TO SITE AGREEMENT This Amendment No.1 to Site Agreement ( "Amendment") between the City of Oak Park Heights (the "City") and Sprint Spectrum Realty Company, L.P., a Delaware limited partnership, (`Tenant ") successor -in- interest to Sprint Spectrum L.P., authorizes the Tenant to make certain improvements and changes to their systems now located and operating in the City's water tower at "Tower #2" located at 5810 Norrell Ave ( "Water Tower") and amends that certain Site Agreement between City and Tenant dated September 20, 2004 ( "Lease "). This Amendment outlines the responsibilities of the Tenant and City throughout this Project (as that term is defined below). BACKGROUND "Project" Scope. The Tenant is proposing to modify the existing antennas and equipment at the Tenant's Cell Site located at the Oak Park Height's Water Tower, located at 5810 Norrell Avenue for Sprint's Network Vision Project. Presently the Tenant has 6 panel antennas on top of the Water Tower at an elevation of approximately 131 : The proposal is to first erect the 3 new antennas and 6 RRUs (remote radio units, 2 RRUs behind each new antenna) and get this equipment operational. Subsequently the 'gold" equipment existing on the Water Tower as of the Effective Date of this Amendment (6 panel and related equipment) shall be removed Plan sheets shown in Exhibit A to this Amendment generally depict the existing equipment on the tower, the interim stage and the final design. Sprint also will be changing out electronics inside the Water Tower, plan sheet A -2 shows the existing equipment, interim design (both old existing and new equipment and final design where the old existing equipment is removed. During the interim time period Tenant proposes to place the two new electronic cabinets adjacent to the existing equipment. This location is outside the present lease area inside the Water Tower and will need City permission to use additional space for a limited and specific time period. The Tenant will also change -out the coaxial cables from the equipment inside the Water Tower to the antennas. Presently there a (6) 1 5/8" coax cables to the existing antennas and shall be reduced to (3) 1.26" hybrid cables in the final design. When the conversion is complete there will be three antennas remaining on the tower, 3 less cables and less equipment inside the Water Tower and all equipment shall be contained within the currently defined permanent lease area. AGREEMENT For good and valuable consideration the receipt and sufficiency of which are acknowledged, City and Tenant agree as follows_ 1. Work on the Project may commence on the site on August 1st, 2013 and shall be completed in total by February 28, 2014 including all facility removals of old, existing Page 10 of 122 equipment. The City and Tenant shall work in good faith to ensure timelines are met however it remains the Tenant's responsibility to execute the Project in a timely and efficient manner, Failure to substantially complete the Project by February 28, 2014, shall result in a $200 /per day penalty payable to the City from the Tenant, unless such failure is due to circumstances outside Tenant's reasonable control. 2. The Tenant shall provide the City a $10,000.00 refundable cash deposit ( "Security Deposit ") prior to August 1st, 2013 and which shall provide a partial security for the City to ensure that timelines and appropriate practices are met by the Tenant. This Security Deposit shall not be the City's only recourse or penalty option should the Tenant fail to complete their obligations relating to the Project in a timely manner. It is the Tenant's sole obligation to manage this timeline and communicate to the City should there be any circumstances that delay the Tenant's work on the Project. The City shall consider timeline extensions should there be unusual weather or other unusual circumstances beyond Tenant's control that would delay construction. The City may refuse to allow any of the Project work to commence without the cash deposit being paid by August 1st, 2013. In the event that Tenant fails to pay Owner any subsequent sums of money due under this Amendment, Owner shall provide Tenant written notice of such failure. If Owner still has not received payment thirty (30) days after the date of the Late Notice, Owner may access the Security Deposit upon ten (10) days' prior written notice to Tenant. Within thirty (30) days of completion of all Project work to City's reasonable satisfaction and with passage of final inspection and payment of all City costs and /or penalties due under this Amendment, the City shall refund the $10,000.00 Security Deposit. 3. The City, commencing on August 1st, 2013, shall at no cost to the Tenant, grant a reasonable temporary access for additional equipment to be installed inside the Water Tower directly adjacent to the current leased area ( "Temporary Access Area "). This additional Temporary Access Area is depicted and described in Exhibit B. This Temporary Access Area shall also terminate on February 28, 2014 at such time the City shall have the full authority to remove and store equipment located within the Temporary Access Area and Tenant shall be responsible to reimburse the City for the cost of removal and storage of such equipment, including any restoration required within thirty (30) days of receipt of an invoice together with reasonable supporting documentation evidencing such cost. Notwithstanding anything to the contrary contained herein, City agrees to provide Tenant with ten (10) days prior written notice before removing such equipment from the City's property. Tenant's access to the water tower shall be compliant with the City's security protocols. 4. The Tenant shall appropriately remove the current (6) antennas and related equipment from the Tower and additional internal space and complete necessary restorations required by the Lease not later than February 28, 2014. Should the Tenant fail to remove the current antennas and perform the required restorations, the City shall have the full authority and without penalty to unilaterally remove such equipment, make the Page 11 of 122 necessary restorations on the City's property and store such equipment and Tenant shall be responsible to reimburse the City for the removal and storage of such equipment, including any restoration required within thirty (30) days of receipt of an invoice together with reasonable supporting documentation evidencing such cost. Notwithstanding anything to the contrary contained herein, City agrees to provide Tenant with ten (10) days prior written notice before removing such equipment from the City's property. 5. The Tenant is responsible for all reasonable costs associated with the City's inspectors, contractors and City Staff reviewing the Project and the subsequent Project work. The City shall bill the Tenant for all such costs and shall enumerate all costs; the Tenant shall within thirty (30) days following receipt of such invoice and reasonable supporting documentation pay the bills to the City as provided to the Tenant. 6. The Tenant shall be required to comply with any directives or correction notices as issued by the City and or its Agents to ensure that all deconstruction and /or installation practices relating to the Project are compliant with City specifications as reasonably determined by the City. The approved plans for this project are affixed to this Amendment as Exhibit C and shall be followed by the Tenant and its Agents. Any changes or alterations or deviations must first receive prior written approval from the City, which approval will not be unreasonably withheld, conditioned or delayed. All work undertaken by the Tenant shall strictly follow the specifications as approved by the City's Consulting Engineer. Upon completion of the Project work, Exhibits Al, A2, A3 and A4 to the Lease will be deemed replaced by Exhibit C to this Amendment where applicable. 7_ To perform this Project, the Tenant shall have access to the Tower only during regular business hours: 8 am to 4:30 pm, Monday through Friday and subject to execution of the "City of Oak Park Heights Water Tower Access Agreement for Sprint's Network Vision Project" (Affixed as Exhibit D). If the Tenant would like additional off -hours to perform work on the Project, the Tenant shall be responsible for all staff or other costs associated with providing access during such non regular business hours and only if the City is reasonably able to accommodate such request. Tenant, its agents and contractors shall observe and comply with all City security protocols while on the Tower site. 8. All terms and conditions currently stated in the Lease now executed between the City and the Tenant on September 20, 2004 remain in full force and effect unless specifically revised or altered by this Amendment. 9. Except for acts of gross negligence or willful misconduct on the part of the City, the Tenant, its consultants and subcontractors do hereby release and hold - harmless the City from any and all liabilities and costs associated with the execution of this Project. Further the tenant does agree to indemnify and defend the City, its officers and employees from any claims that may arise as a result of this this Project to the extent Page 12 of 122 due to defects, errors or the negligence or willful misconduct on the part of the Tenant, its consultants or subcontractors. 10. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. 11. Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. The parties have executed this Amendment as of the Effective Date. City: Tenant: CITY OF OAK PARK HEIGHTS, SPRINT SPECTRUM REALTY COMPANY, L.P., a Minnesota municipal corporation By: Printed Name: Title: Date; (Date must be completed) a Delaware limited partnership By: Printed Name: Title: Date: (Date must be completed) Page 13 of 122 EXHIBIT A TO FIRST AMENDMENT INSERT GENERAL PROJECT PLAN - DATED 11/13/12 Page 14 of 122 k 1 W ...... basis! s 0 "1 IL CL LiLn a ... °coo n V �x is F, Cw o HLuoM sn111YAV 'nmwi cN • d` C q 4 • . " • . 6 n C� F I i ° a —•a. e C. • de •' 9 r —h-•— — appGGYpp�j Rk x 4If ' r ......... 121' Y. q w� w i r r ! 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J e # z g o z = 4 b Page 19 of 122 0 I :q.,m WT Li ■ z A`atl � 0 a q\p I Page 20 of 122 ■ u a ■ EXHIBIT B TO FIRST AMENDMENT INSERT DEPICTION OF TEMPORARY ACCESS AREA - DATED 11/12/13 & 11/13/12 Page 21 of 122 4 W4 if ra 16i, a - _ p pp 40 S all ail I I� es � � F 1 / l 9110 , , � � I � gp W oy p ® Jalk o Page 22 of 122 fill gig L) ums CL lilts, fill e Is UP� ielpil e Rya -Pik jig Ilk ub e8 Z g g gG Rik �g Rik o Ilk d z z � 3 Rik Page 23 of 122 EXHIBIT C TO FIRST AMENDMENT INSERT FINAL PROJECT PLANS - DATED AND SIGNED 11/13/2012 ALL PLANS TO BE UTILIZED SHALL BE AS APPROVED BY THE CITY ENGINEER - KLM ENGINEERING INC. WITH THEIR APPROVALS CONVEYED TO THE CITY IN A LETTER DATE NOVEMBER le 2013 - ATTACHED. Page 24 of 122 1 �sQYY�.OW C x U C m ® . ,�10 O w W 3 4 It fe NZ J Id a i# W = Z i < €� glf as aia 3a i`a s:s s ip W� Y G Q AIR�� IL ZQ ? z o 10 w W W g# O 111 m W W W 71 1 10 1 :. 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As ..z 11 IN J Bill I J W 0 m ,j I 9 J 0 a Page 38 of 122 v r� ■ Q I € . p -Pzn - •L a ca � W a a 9 ��p� �g��� �`� g., •�� one ��$d CL :ii m ® i� a u�.. 010• t IN „ee e l .ee€ 11- l L__j Page 39 of 122 i Orull W lie illyr 1 R Niles 'gg gs a �• � a r �. a Z Q S u LI ,yS z s Q d _z Z a� ri a � y . a r. RR T y l s F a Y , � +11.11•+ -I J-d " ` •,. i Orull W lie illyr 1 R Niles 'gg gs a �• � a r �. a Z Q S u LI ,yS z s Q d _z Z a� ri a � y . a r. RR T y l s t f a` ^a� O I Page 40 of 122 3 Ell CL Lnc� n iFu y ;No — p a Jill g blook? Ell 186 41 1 -- -F —• may, --j ,.. ___.�— ..._.... - -{ � rvu L f f � z 0 z e s Page 41 of 122 L- r� f � z 0 z e s Page 41 of 122 all C =.M C_.--. -.._. t Wa SRI s CL m all C =.M C_.--. -.._. ,t 4a 6 o� � u r x r INS 4 4 v Ili f. m Page 42 of 122 t Wa SRI s ,t 4a 6 o� � u r x r INS 4 4 v Ili f. m Page 42 of 122 November 16, 2012 Andrew Kegley Public Works Director City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 KLM ANgINE I INC. P.O. Box 897 - 3394 Lake Elmo Ave. N_ - Lake Elmo, MN 55042 (651) 773 -5111 - Fax (651) 773 -5222 ft E -Mail Only RE: Final Review of Proposed Antenna Installation on Tower 2 in the City of Oak Park Heights — Sprint site W21XC930 KLM Project MN 3013 Dear Mr. Kegley: KLM has completed a final review of the drawings for the above referenced antenna installation on Tower 2 in the city of Oak Park Heights. It appears that all of the previously identified issues have been incorporated into the drawings. Pending any outstanding items the City of Oak Park Heights may have, KLM recommends the drawings dated 11 -13 -12 be approved as submitted. A preconstruction conference with Sprint representatives, their contractor and subcontraotor(s), the City of Oak Park Heights and KLM can now be scheduled to discuss the construction. One discussion item at the meeting will be potential alternate methods to the fiber optic routing around the base of the pedestal. Sprint should contact Rodney Ellis at 612 - 810 -0956 to schedule the pre- construction meeting. It should be relayed to the contractor that KLM will be performing inspections of the installation, and the contractor will need to contact KLM to schedule both field and shop inspections. Rodney Ellis will be in charge of KLM's scheduling for this project. If you have any questions, feel free to contact Rodney at 612 -810 -0956 or me at 218- 849 -1505. Sincerely, KLM Engineering, Inc. Matt Erickson, P.E. Manager of Engineering CC: Rodney Ellis & Michelle Nelson, KLM1Office File R. Aaron Evans, Black & Veatch Enclosures: NV Signed & Sealed KLM Redlines MS2IXC930 11.13.12.pdf C:urmw.metoeslcm�,lA�m -a lzlnnaenwsuot®aIhmvmgseymwelp�k rack WWd 3013 Q* emt Hd&ruwc24,W Wh,2JXC930 Fm,g Xvview.Dac Page 43 of 122 EXHIBIT D TO FIRST AMENDMENT CITY OF OAK PARK HEIGHTS - WATER TOWER ACCESS AGREEMENT FOR SPRINT'S NETWORK VISION PROJECT Page 44 of 122 City of Oak Park Heights - Water Tower Access Aareement for S rinfs Network Vision Pr_ oject I. Person(s) /Firms accessing the City's water towers or the water tower property do so at their OWN RISK and shall follow city security protocols. 2. Person(s) /Firms who do access City water towers and /or site are aware of the risks and perils associated with water tower inspections, evaluations and /or construction activities in and around water towers - regardless of purpose or scope of such evaluation or activity. 3. Person(s) /Firms who access City water towers and /or site indemnify and hold harmless the City from any and all claims that may result from accessing the City's water towers and /or site, unless such claims arise from the gross negligence or willful misconduct of City. 4. The City does believe that its water towers are in a reasonably good condition, but does not guaranty any such condition. The City does not warrant that its water towers are compliant with applicable safety standards. S. Person(s) /Firms accessing the City water tower property must first receive written permission from the City, which permission will not be unreasonably withheld, conditioned or delayed. 6. Person(s) /Firms who do access City water towers and /or site shall utilize all applicable safety equipment to prevent injury. All such safety equipment shall be self - provided by the Person(s) /Firms accessing the water tower, and not by the City. The City makes no warranty as to the exact nature of such safety equipment nor does the City maintain a responsibility to ensure that such safety equipment is adequate. 7. Person(s) /Firms accessing the City water tower may be entering a "confined- space ". As such, Persons) /Firms accessing such water tower shall provide all necessary safety equipment and manpower to meet all regulatory standards that apply to "confined space entry". The Ctty makes no warranty as to the Exact nature of such practices and has no responsibility to ensure that effort is adequate. 8. The City reserves the right to revoke or withhold access to the City water tower and /or site at any time and for good cause. 9. Person(s) /Firms who access the City water towers and /or site shall be responsible, at the discretion of the City, to repair, replace or fully fund the correction of any damages that may occur to the extent caused by such Person(s) /Firm. Signed: Date By signing above, you have read, understand and agree to the above conditions and hereby warrant that you and your firm shall comply with such conditions and statements. Please PRINT your name, title and company. Page 45 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 46 of 122 I' a �d Oak Park Heights Request for Council Action Meeting Date A st 27'h 2013 Time Required: 20 Minutes Agenda Item Title: Pizza Ranch n Rezoning-- Conditional Use Permit -- Design guidelines Review, Etc. Agenda. Placement New Busines Originating Department/R star Johnso Ci Administrator Requester's Signature Action Requested Discus Possible Action Background / Justification ( Aease indicate if any previous action has been taken or if other public bodies have advised): Please see the enclosed from Scott Richards, City Planning Consultant. 1. Planning Report dated August 8th, 2013 2. Recommending Resolution from the Planning Commission — Unsigned 3. Proposed City Council Resolution Page 47 of 122 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PfanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: August 8, 2013 RE: Oak Park Heights -- Pizza Ranch — Rezoning from O -Open Space to B -2 General Business District, Conditional Use Permits for Drive Through and for Number of Parking Spaces, and Design Guidelines/Site Plan Review - 13045 60th Street North TPC FILE: 236.02 13.05 BACKGROUND Ernest Swanson has made applications for a rezoning from O -Open Space to B -2 General Business District, Conditional Use Permits (CUP) for drive through and for number of parking spaces, and Design Guidelines/Site Plan Review at 13045 60th Street North to construct a new Pizza Ranch restaurant adjacent to the existing Americlnn Motel. The one Conditional Use Permit is to allow the construction of a drive through in the B -2 District; the other Conditional Use Permit is to allow for the restaurant to be constructed with a slight reduction in the number of parking spaces from what is required by the Zoning Ordinance. City Staff has calculated the parking and has determined that the site will be compliant with the number of stalls proposed. In that this is a totally new building on an empty lot, the Applicant will need to comply with the Design Guidelines for the building and site improvements. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative, August 5, 2013 Exhibit 2: Narrative on Pizza Ranch Pick -Up Window Car Stacking Page 48 of 122 Exhibit 3: Title Sheet (T1.11) Exhibit 4: Floor Plan (A1.21) Exhibit 5: Equipment Plan (A1.22) Exhibit 6: Exterior Elevations (A2.11) Exhibit 7: Exterior Elevations (A2.12) Exhibit 8: HVAC Screening Building Sections (A3.11) Exhibit 9: Existing Site and Removals Plan (C1.11) Exhibit 10: Site Plan (C2.11) Exhibit 11: Site Utility Plan (C2.12) Exhibit 12: Grading Plan (C3.11) Exhibit 13: Existing Drainage Patterns (C4.11) Exhibit 14: Proposed Stormwater Plan (04.12) Exhibit 15: Proposed Stormwater Plan Details and Notes (C4.13) Exhibit 16: Details (C5.11) Exhibit 17: Details (C5.12) Exhibit 18: Lighting Plan (C6.11) Exhibit 19: Landscape Plan (1-1.11) Exhibit 20: Landscape Notes (1-2.11) Exhibit 21: Trash Enclosure Details (S1.41) Exhibit 22: Lighting Specifications (13 pages) Exhibit 23: Report of the City Arbodst Exhibit 24: Pylon Sign PROJECT DESCRIPTION I & S Group, Inc., the project architect and engineer has provided a Project Narrative found as Exhibit 1. Excerpts from the narrative are as follows: Project Location Pizza Ranch 13045 60th Street North Oak Park Heights, Minnesota 55082 Site Identification Lot 2, Block 1 Brackey 2nd Addition Proposal Summary A new 6,374 square foot, 220 seat ground up building constructed to the National Franchise standards with a tentative opening in the winter of 2013 - 2014. How Compatible is it with Surrounding Properties? This projects location will be taking a bare properly and developing a restaurant that meets the brand image of Pizza Ranch but also harmonizes with the development design standards. The proposed building will be surrounded by another restaurant and retail businesses_ The zoning allows this type of business and it will be an enhancement to the area. It will fit in extremely well with the surrounding properties. 2 Page 49 of 122 Hours of Operation The restaurant will be open for lunch and dinner 7 days a week. Service will begin at approximately 11 am and end at approximately 1Opm. The lunch buffet will begin at approximately 9 lam and end at approximately 2.00pm. The dinner buffet will begin at approximately 4:30pm and end at approximately 8:0Opm. Number of Employees Two weeks prior to opening, all employees will be hived and start training. Pizza Ranch will create 4 full time jobs; General Manager, Assistant General Manager, Kitchen Manager, Guest Services Manager. There will be approximately 70 part time jobs created, most of who will average about 20 hours per week and about $7 -$l Vhr. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The proposed rezoning to B -2 General Business District is consistent with the Comprehensive Plan. The use of the site as a restaurant is also consistent with the Comprehensive Plan. Zoning. The property is to be zoned B -2 General Business District. Restaurants are a permitted use, but drive through or pick up windows require a CUP. Section 401.03.A.7. lists the criteria for review of a rezoning. There are no issues with this rezoning in that it is designated for B -2 General Business District in the Comprehensive Plan. Subdivision. The property is platted as Lot 2, Block 1 Brackey 2 "d Addition. There are no changes requested related to the lot or easements. Setbacks. Building setbacks required in the B -2 District are as follows: Building Setbacks Reauired Proposed Front 40 feet 85 feet Side 10 feet 50 feet west 1100 feet east Rear 20 feet 380 feet The building setbacks are complaint with the Zoning Ordinance requirements. All parking and drive aisles must be set back at least 10 feet from the property line. All of the parking and driveway areas are compliant with this except for the joint property line with the Americinn Motel, where the joint driveway is acceptable. Traffic Circulation /Curb Cuts. The site will be accessed by 60th Street and share the existing curb cut for Americinn Motel. The site was planned for a joint access when the motel was constructed. The development contract with the property owner specifies that there would be no direct access from 60th Street to 58th Street, but a secondary 3 Page 50 of 122 access for the undeveloped property to the south could be made through the property to the west adjacent to the Kowalski's Market. Deliveries. The Applicant has Indicated that deliveries would be brought via semi -truck usually at off peak hours. The semi would park near the rear of the structure in the driveway or parking area. Pick Up Window /Drive Through The Pizza Ranch will feature a pick -up window for preorders. i nere is no order board. As a result, the customer will only need to pay and receive their product, thus reducing the time in a typical restaurant drive through. If a customer arrives before the order is ready, the payment Is processed and the customer proceeds to parking stalls designated for pick up only. The stacking space should accommodate four vehicles which will be more than adequate for this type of drive through. Section 401.30.E of the Zoning Ordinance lists the criteria for drive through food establishments. The pick -up area for the proposed Pizza Ranch will comply with all of the criteria listed. Parking. The following table provides an analysis of proposed and required parking spaces: Parking Requirements Area Required S aces 1 per 40 s uare feet 4,477 X.9 = 4,029 SF dining 101 1 per 80 square feet 1,897 X.9 =1,707 SF kitchen 21 2 spaces Drive-through window 2 TOTAL 124 Per ordinance, the site would require 124 parking spaces. The site plan indicates 132 parking spaces on site with four additional in the drive through area. There is more than adequate parking for the restaurant. The applicant had applied for a CUP to address a potential deficit in the number of required parking stalls for the site. Based upon the calculations above, a CUP will not be required. The site will also accommodate five disability accessible stalls in compliance with requirements. All of the parking stall and driveway dimensioning is within the requirements of the Zoning Ordinance. Snow Storage. The plans do not indicate an area for snow storage. The applicant shall provide a plan or indicate if snow will be hauled off the site. Landscaping. The submitted landscape plan is subject to City Arborist review and approval. City Arborist comments are found as an exhibit to this report. 4 Page 51 of 122 Lighting. The submitted photometric plan illustrates light levels that are within the maximum of .4 foot candles except for the joint driveway area. This is acceptable in that it is the access for both the Americinn Motel and the proposed restaurant. Light standards may not exceed 25 feet from the ground surface to the top of the light fixture. The light fixtures, as provided in the application materials, are required to be full cut off and are compliant with the height requirement. Any lights visible through the windows of the structure should also be shielded and full cut off. The plans include two decorative light fixtures at the front entrance of the building that are not full cut off. The plans also show the use of lighting under the parapet that will light the facade. The Zoning Ordinance allows for decorative fixtures and lighting of architectural features, subject to approval of the City Council. The Planning Commission should comment on the use of the architectural lighting. All light fixtures will need to comply with Section 401.15.6.7 of the Zoning Ordinance as It relates to lighting requirements. Trash Storage. The plans show the location and design of the trash enclosure. The gates will also need to be constructed of wood to match the structure. Chain link fence material will not be allowed. Mechanical Screening. The plans indicate that the parapet walls are designed to totally screen the mechanical equipment. Exhibit 8 includes a graphic that shows how the equipment will be screened. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the Brown's Creek Watershed District. Signage. 1=reestanding_Sig[_ The applicant has proposed a 20 foot pylon sign near the entrance to the site. The proposed sign includes a changeable message board. The plans indicate that size of the sign and the changeable message board is 141 square feet. The property is within the Destination Retail Highway Sign District which would allow one freestanding sign of 150 square feet and a maximum height of 30 feet. The Design Standards recommend the use of ground or monument signs rather than pylon signs. Most of the new signs constructed along the Highway 36 frontage in recent years have been monument signs. Staff recommends that a monument sign be constructed as originally proposed with the development application. 5 Page 52 of 122 Wall Si na e. The following wall signage is proposed: Sin Square Feet Total No. of Signs Total Square Feet North Facade: 72 1 72 East Fagade: 72 1 72 West Facade: Blade sign, size not identified. 1 TOTAL 3 14.4+ The Zoning Ordinance would allow for two wall signs on separate building facades. The total allowable sign area, with the freestanding signs, would be 500 square feet. The applicant has proposed a total of three wall signs with a total of 144+ square feet. The applicant will need to eliminate the blade sign on the west fagade or request a variance to allow the third sign. Sin Illumination. The freestanding sign is proposed to be internally lit. The letters of the message board may be Ilt but the background cannot. The wall signs are lit by goose -neck fixtures. The signs will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Design Guidelines Sustainable Guidelines. City staff has questioned the applicant on how the project has been designed to achieve at least a certain degree of sustainability. The applicant will need to discuss the methods in building construction and site design with the Planning Commission of how these issues have been addressed. Architectural Guidelines. Facade Treatments The building will have a definite base, middle and flop. The facades feature differences in materials, a prominent porch and a varied parapet to provide architectural interest. Ground Level Expression This is a one story building with excellent visibility to Highway 36. The main entrance is well defined by the porch roof. 0 Page 53 of 122 Transparency The building uses glass on all of the facades except for the rear. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The ground floor of the facade facing Highway 36 is 23 percent transparent. Entries The building features a prominent entry with a double door and the gabled end of the porch roof. Roof Desion The roofline is broken into segments on all of the facades by a varied parapet. The rooftop mechanical equipment will be completely screened within the parapet of the building. Buildinq Materials and Colors The applicant has provided color elevations for review. The primary building materials of brick, stone and glass will exceed the 60 percent requirement on the facade facing Highway 36. The east and west elevations also feature the stone base and use of brick on a portion of the facade. None of the prohibited building materials will be used. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is a franchise design but the materials have been changed to comply with the Design Standards. This should be discussed by the Planning Commission. Site Design Guidelines BUilding Placement The proposed building has a well defined entrance facing Highway 36. Parkins Areas The parking area is landscaped with perimeter plantings as well as plantings around the building. Storm water Storm water will be addressed by the City Engineer. Pedestrian and Common Space Currently, there is a trail along 60th Street at this location. The site plan indicates a trail connection through the Pizza Ranch site from 60th Street to the south property line. It is expected that this trail will eventually be constructed to 68th Street and be connected to another new trail behind the Menards. VA Page 54 of 122 The City is working with the applicant and the Browns Creek Watershed to look at options for providing a separated trail along the stormwater pond at the east edge of the site. Staff will update the Planning Commission as to the progress of this aftemative trail location. Landscaping Building entrance plantings are required. The main entry does not include planting areas but seasonal pots could be added. The Punning Commission should comment. TreestShrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. The Arborist has indicated that the plan is well designed with a good variety of plant materials. Utilites/Service/Loading /Drive - Through /Storage Are_ as Addressed elsewhere in the planning report. Lighting Addressed elsewhere in the planning report. SiQna4e Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes A bike rack will be required. The applicant should identify a location. CONCLUSION I RECOMMENDATION Subject to the preceding review, City staff recommends approval of the following listed requests subject to the conditions that follow: • Rezoning from O -Open Space to B -2 General Business District • Conditional use permit (CUP) for a restaurant with drive through. • Design Guidelines/Site Plan Review 1. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Stormwater plans are also subject to review and approval of the Browns Creek Watershed District. 2. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.13.7 of the Zoning Ordinance as it relates to lighting requirements. 8 Page 55 of 122 3. The Planning Commission shall comment on the use of the decorative light fixtures and the lighting of the building's architectural features. 4. The Planning Commission shall comment on the building design and building materials. The applicant shall provide building material samples for Planning Commission review. 5. The trash enclosure shall be redesigned with matching wood gates. 6. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 8. The Applicant shall replace the proposed pylon sign with a monument sign compliant with the signage requirements of the Design Guidelines 9. The Applicant shall remove one of the three proposed wall signs or apply for a sign variance. 10. The Applicant shall provide pedestrian access through the site from 60t' Street to the south property line. Staff will update the Planning Commission on the alternative plan to provide a separated trail on the east side of the site adjacent to the stormwater plan. 11. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 12. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 13. The landscape plan shall be subject to the review and approval of the City Arborist, 14. Building entrance plantings shall be required. The Applicant shall revise the landscape plan or provide seasonal planters at the main entrance to the building. 15. A bike rack should be identified on the site plan and placed on site. 16. The Applicant shall discuss methods of construction and site design as it relates to sustainability with the Planning Commission. pc. Julie Hultman 9 Page 56 of 122 10 Z Z CO Z Q ..� x 5 W a =t N [n Lr S W Q M. Q U O 0 N V � J W 2 4 O a= � v 6 �= of C ;9 �mz� Q ~Y• Z J W" 0.Z 4 W D W� LL! 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SL Qj J N <LL UU "A Page 90 of 122 1B1T M LL; 0 oLL �o LL] LLJ J Z U U () Z AN� w� a o� CV -J � Lu LL LLI Q W 0 0 cMmO N 07 D A a I� i L i i A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY ERNEST SWANSON FOR A PIZZA RANCH RESTAURANT AT 13045 60TH STREET NORTH REQUIRING A REZONING FROM O -OPEN SPACE CONSERVATION TO B -2 GENERAL BUSINESS DISTRICT, CONDITIONAL USE PERMIT FOR A DRIVE - THROUGH, AND DESIGN GUIDELINE /SITE PLAN REVIEW SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Ernest Swanson for a Pizza Ranch Restaurant at 13045 60' Street North, requiring a rezoning from 0- Open Space Conservation to B -2 General Business District, Conditional Use Permit for a drive - through, and Design Standards /Site Plan review, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property will be rezoned from O -Open Space to B -2, General Business District by the City Council as an Ordinance action; and 4. Properties zoned B -2 General Business District requires a conditional use for a drive through; and 5. Design Guideline/Site Plan approval is required for a new building and site improvements; and and 6. City staff prepared a planning report dated August 8, 2013 reviewing the request; Page 91 of 122 7. Said report recommended approval of the conditional use permit and Design Guideline /Site Plan review subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their August 13, 2013 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted from Ernest Swanson for a Pizza Ranch Restaurant at 13045 60th Street North, requiring a rezoning from O -Open Space Conservation to B -2 General Business District, a Conditional Use Permit for a drive - through, and Design Standards /Site Plan review affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Stormwater plans are also subject to review and approval of the Browns Creek Watershed District. 2. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. The Planning Commission recommends the use of the proposed decorative light fixtures and the lighting of the building's architectural features. 4. The Planning Commission recommends the building design and building materials. The trash enclosure shall be redesigned with matching wood gates. 6. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. The Applicant shall be allowed to install the proposed pylon sign with a raised planter in compliance with the sign requirements. The applicant shall provide a plan for the sign and planter subject to approval of City Staff. 4. The Applicant shall remove the Pizza Ranch logo on the proposed blade sign. Page 92 of 122 10. 'The Applicant shall provide pedestrian access through the site from 60a' Street to the south property line. 11. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 12. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 13. The landscape plan shall be subject to the review and approval of the City Arborist. 14. Building entrance plantings shall be required. The Applicant shall revise the landscape plan or provide seasonal planters at the main entrance to the building. 15. A bike rack should be identified on the site plan and placed on site. Recommended by the Planning Commission of the City of Oak Park Heights this 13th day of August, 2013. ATTEST: Eric A. Johnson, City Administrator Jennifer Bye, Chair 3 Page 93 of 122 ATTACHMENT A Site Plan & Design Guidelines Review, Rezoning From O, Open Space Zoning District To B-2, General Business Zoning District, Conditional Use Permit For Number of Parking Stalls, And To Allow a Drive - Through Window Pizza Ranch Restaurant Washington County GEO Code: 05- 029 -20 -22 -0014 Legal Description: Lot 2, Block 1, Brackey 2nd Addition Physical Address: 13045 60d' St. N. Page 94 of 122 ATTACHMENT B Site Plan & Design Guidelines Review, Rezoning From O, Open Space Zoning District To B -2, General Business Zoning District, Conditional Use Permit For Number of Parking Stalls, And To Allow a Drive - Through Window Pizza Ranch Restaurant 13045 60`" St. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: July 31, 2013 Planning Commission Review & Recommendation: August 13, 2013 Page 95 of 122 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2013- - AN ORDINANCE AMENDING SECTION 401.20.13, MAP OF THE ZONING ORDINANCE TO REZONE 13045 60TH STREET NORTH FROM O -OPEN SPACE CONSERVATION DISTRICT TO B -2 GENERAL BUSINESS DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. The City Council of the City of Oak Park Heights has considered a request to rezone a property parcel at 13045 60th Street North legally described as Lot 2, Block 1 Brackey 2 "d Addition and makes the following findings and conclusions: The proposed rezoning would facilitate development of the property for a new restaurant building at 13045 60th Street North. 2. The City's Comprehensive Plan designates the property as Commercial Land Use, and the proposed rezoning is consistent with the official Comprehensive Plan. 3. The proposed development would be positive to the commercial area along 60th Street North and will not cause any adverse impact to residential neighborhoods. 4. Existing City services are sufficient to accommodate the proposed development, 5. The traffic generated by the proposed development is within the capabilities of the streets serving the area provided that the conditions applicable to the approvals are followed. 6. The Planning Commission, after holding a public hearing, recommended approval of the rezoning at their August 13, 2013 meeting. SECTION 2: That Section 401.20.13 Map of the Zoning Ordinance, City of Oak Park Heights, Minnesota, is hereby amended to include the following: The following property shall be rezoned from O -Open Space Conservation to B -2 General Business District: Lot 2, Block 1 Brackey 2nd Addition Page 96 of 122 SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 27' day of August, 2013 by the City Council of the City of Oak Park Heights. ATTEST: Eric A. Johnson, City Administrator CITY OF OAK PARK HEIGHTS Mary McComber, Mayor Page 97 of 122 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY ERNEST SWANSON FOR A PIZZA RANCH RESTAURANT AT 13045 60TH STREET NORTH REQUIRING A CONDITIONAL USE PERMIT FOR A DRIVE - THROUGH, AND DESIGN GUIDELINE /SITE PLAN REVIEW BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Ernest Swanson for a Pizza Ranch Restaurant at 13045 60a` Street North, requiring a Conditional Use Permit for a drive- through and Design Standards /Site Plan review, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommends that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property will be rezoned from O -Open Space to B -2, General Business District by the City Council as a separate Ordinance action; and 4. Properties zoned B -2 General Business District requires a conditional use for a drive through; and 5. Design Guideline /Site Plan approval is required for a new building and site improvements; and 6. City staff prepared a planning report dated August 8, 2013 reviewing the request; and Page 98 of 122 7. Said report recommended approval of the conditional use permit and Design Guideline/site Plan review subject to the fulfillment of conditions; and 8 • The Planning Commission held a public hearing at their August 13, 2013 meeting, took comments from the applicants and public, closed the public hearing and recommended that the applications be approved with conditions: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from Ernest Swanson for a Pizza Ranch Restaurant at 13045 "0 'Street North, requiring a Conditional Use Permit for a drive - through and Design Standards/Site Plan review affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1 • All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Stormwater plans are also subject to review and approval of the Browns Creek Watershed District. 2. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 3. The City Council approves the use of the proposed decorative light fixtures and the lighting of the building's architectural features. 4. The City Council approves the building design and building materials. 5. The trash enclosure shall be redesigned with matching wood gates. 6. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 8. The Applicant shall be allowed to install the proposed pylon sign with a raised planter in compliance with the sign requirements. The applicant shall provide a plan for the sign and planter subject to approval of City Staff. 9. The Applicant shall remove the Pizza Ranch logo on the proposed blade sign. 2 Page 99 of 122 10. The Applicant shall provide pedestrian access through the site from 60th Street to the south property line. 11. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 12. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 13. The landscape plan shall be subject to the review and approval of the City Arborist, 14. Building entrance plantings shall be required. The Applicant shall revise the Iandscape plan or provide seasonal planters at the main entrance to the building. 15. A bike rack should be identified on the site plan and placed on site. 2013. Approved by the City Council of the City of Oak Park Heights this 27th day of August, ATTEST: Eric A. Johnson, City Administrator Mary McComber, Mayor 3 Page 100 of 122 ATTACHMENT A Site Plan & Design Guidelines Review, Rezoning From O, Open Space Zoning District To B -2, General Business Zoning District, Conditional Use Permit For Number of Parking Stalls, And To Allow a Drive - Through Window Pizza Ranch Restaurant Washington County GEO Code: 05- 029 -20 -22 -0014 Legal Description: Lot 2, Block 1, Brackey 2nd Addition Physical Address: 13045 6e St. N. Page 101 of 122 ATTACHMENT B Site Plan & Design Guidelines Review, Rezoning From O, Open Space Zoning District To B-2, GeneraI Business Zoning District, Conditional Use Permit For Number of Parking Stalls, And To Allow a Drive - Through Window Pizza Ranch Restaurant 13045 60'h St. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: July 31, 2013 Planning Commission Review & Recommendation: August 13, 2013 Page 102 of 122 67 0, Oak Park Heights Request for Council Action Meeting Date August 27� 2013 Time Required: 5 Minutes Agenda Item Title: Consider ADIDro3jqg Study Relating to Reader -board / LED SiMne Agenda Placement Originating Requester's Signature Action Requested {Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo from Scott Richards dated 8/21/13. Page 103 of 122 TPC3603 Thurston Avenue N. Suite 100 Anoka. MIN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCC@PlanningCo.com MEMORANDUM TO: FROM: DATE: RE: TPC FILE: Background Eric Johnson Scott Richards August 21, 2013 Oak Park Heights — Electronic Message Boards —Work Program and Budget 802 The Planning Commission, its August 13, 2013, meeting discussed electronic message boards and questioned City Staff why they were not allowed within the City. Many of the members indicated that electronic message boards would be preferred over the manually changed message boards. The Planning Commission asked City Staff to schedule a public hearing for the September 12, 2013 meeting to discuss this issue further. In that this is a new project, it is necessary for the City Council to review a Work Program and Budget before the project commences. This effort will involve a thorough review of the current definitions and regulations, review other City's regulations, and drafting amendments to the Zoning Ordinance. Please find as follows a general work program for this project. If the City Council concurs with the Planning Commission and would like City Staff to proceed with Ordinance amendments, it should authorize the study and the expenses for the Planning Consultant. If the City Council does not wish to revise the Ordinance at this time, the project should not be authorized or funded. Work Program August 27, 2013: City Council considers Work Program and Budget September 12, 2013: Initial meeting of Planning Commission to discuss current regulations and review other titles regulations. Open /continue public hearing. September /October City Staff drafts revisions to sign regulations. Page 104 of 122 October 10, 2013: Planning Commission reviews regulations, continues public hearing, makes suggestions on text language and recommends approval. October: Staff' drafts changes to language, Planning Commission recommending resolution and City Council ordinance. October 29, 2013: City Council adopts Zoning Ordinance Amendments. Estimated Costs TPC: City Planner 35 hours @ $100.00 = $3,500.00 Expenses: 50.00 Total: $3,550.00 The above total is a not to exceed fee and includes all mileage and attendance at meetings. 2 Page 105 of 122 Page 1 of 1 http: / /Www.iconographysiudios.neywp- content /gallery /outdoor- signsladaptive outdoor m... 8/22/2013 Page 106 of 122 Page 1 of 1 http:llwww. sign- in- china.comldatalproductcate /2012- 03- 07IP20- outdoor - Tricolor -LED m... 8/22/2013 Page 1 of 1 http://www.teksolutionslic.com/images/4_banldmg3jpg page 108 of 8 /2013 22 Page 1 of 1 http: / /image. made -in- china .coml43f34jOOuvJTQfGcvSzR'LED - Scrolling- Message -Board j... 8/22/2013 Page 109 of 122 Page 1 of 1 http:llwww. sign- in- china.comldatalproductcate /2012- 03 -07/P 16- Outdoorsingle- color- LED... 8/22/2013 Page 110 of 122 Page 1 of 1 http: / /ts3.mm.bing.netlth ?id =H. 4849641956116686 &pid= 1.7 &v,i--249&h= 184 &c= 7 &�s age -1 111 0 p?P /2013 Page 1 of 1 http: / /ts2.mm.bing.netlth?id =H. 505543533 5993925 &pid= 1.7&w= 266 &h = 188 &c= 7 &rs =1 8/22/2013 Page 112 of 122 Page 1 of 1 http: / /ts4.mm.bing. nett th? id =H. 4513277329279043 &pid= 1.7 &w--l61 &h= 173 &c =7&rs =1 8/22/2413 Page 113 of 122 Page 1 of 1 http: / /tsl . mm .bing.neVth9`i'd— H.4974668451350 116 &pid =1.7 &vim 179&h= 176&c= 7&rs =1 8/22/2013 Page 114 of 122 Page 1 of 1 m http: / /www.signdcalz.com/ Portals / 35956 /i*mages/led_display_school jpg 8/22/2013 Page 115 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 116 of 122 0 Oak Park Heights Request for Council Action Meeting Date: Auggst 27 2013 Agenda Item : Installation of a third Pressure Reducing Station Time Req. 10 Minutes Agenda Placement: New Business Originating 31 Requester's Signature Action Requested: Decide viether to install a third Pressure Reducina station Background/Justification (P ase indicate any previous action has been taken or if other public bodies have been advised). Please see attached memos for discussion. Page 117 of 122 LEGEND APPROXIMATE WATER MAIN WATER SYSTEM PRESSURE oL` 45 - 50 PSI 55 -60 PSI 80.65 PSI Pw 65 - 70 PSI 70 - 75 PSI 75 - 80 PSI 1N, so - 85 Psi 500 1,000 I L Dior o Stantm Page 118 of 122 Oak Park Heights 14168 Oak Park Blvd Re Box 2007 . Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax 439 -0574 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council Fran: Andrew Kegley, Public Works Director Date: 08/22/13 Re: Installing an Additional Pressure Reducing Station To provide desired water pressure within the Village area and Sunnyside area a third pressure reducing station is needed. The new "south" PRV now located approximately just north of Peller Ave along the new south frontage road is currently set to allow maximum pressure to the Village neighborhood, but the ultimate design will require a pressure drop in the Village neighborhood to accommodate controlled pressure within the Sunnyside neighborhood. Adding a third PRV will allow the Village portion of the high pressure zone to be set at a desirable pressure while reducing pressure to the Sunnyside neighborhood. Essentially, adding a third pressure reducing station will allow for an approximate l Opsi increase in pressure within the village area while reducing pressure in the Sunnyside area to approximately 80psi. Should the City not add a third pressure reducing station, the water pressure within the Village area will need to be reduced at least 5psi from its current set point of approximately 50 -54psi to accommodate reduced pressures at Sunnyside. Existing Conditions Village @ — 50 -54 psi Sunnyside 78 PSI With third PRV Village @ — 60- 64 psi Sunnyside @ — 80 psi Without third PRV Village @ — 45 — 49 psi Sunnyside @ — 80 — 85 Dsi Adding a third pressure reducing station was not budgeted. The cost of adding a third station is estimated to cost between $35,000 - $40,000, which includes the station equipment, installation (awaiting a quote from Ames) and commissioning by Stantec engineers. The Council could opt to field the third pressure reducing station using the capital revolving fund. Funds will need to be refunded back from the water utility over future years. TREE CITY U.S.A. Page 119 of 122 Adding a third pressure reducing station will allow the City to provide more desirable water pressure to the Village area, while controlling the pressure within the Sunnyside area as well as providing an adequate fire flow feed. I recommend the Council approve the installation of a third pressure reducing station. TREE CITY U.S.A. Page 120 of 122 0 Stantec Technical Memorandum To: Andy Kegley From: Jason Bordewyk City of Oak Park Heights St. Paul MN Office File: 193801633 Date: August 14, 2013 Reference: Oak Park Heights — Water System Pressures Stantec Consulting Services Inc. reviewed the water system operation along lower elevations in the east end of the City. Stantec utilized the hydraulic model developed and calibrated for the Water Supply and Distribution Plan completed in 2007 and revised in 2009. Stantec updated the hydraulic model to include separating the Low Pressure Zone, as listed in the Water Supply and Distribution Plan, into two separate pressure zones as the system is currently operated. To provide more desirable water pressures to the south residential area and Sunnyside Marina, the City previously closed a system valve between the two areas and adjusted the pressure reducing valve (PRV) settings. Thus, the City currently operates two separate pressure zones each supplied by a single PRV station. In 2012, hydraulic modeling was completed to review water main replacement due to the St. Croix River crossing construction. It was recommended that two water supply points, including a 12 inch water main, supply Sunnyside Marina to provide increased fire flow in excess of the recommended fire flow. To provide fire flow, it is recommended that a new PRV Station #3 be constructed to supply Sunnyside Marina with water from two different directions using PRV Station #2 and PRV Station #3 as illustrated on the attached figure. For water system reliability, it is critical that each pressure zone have more than a single water supply point. Construction of a new PRV Station #3 near the southwest comer of Sunnyside Marina would provide two supply points. The new PRV Station #3 should have the capability to supply water back to the south residential neighborhood in the event of loss of service from the existing PRV Station #1. Water system pressures can then be set independently for the south residential area and Sunnyside Marina with adequate fire flow and redundancy. Approximate water system nressure is documented on the attached figure with hydraulic grades of 922 ft and 885 ft. In conclusion, it is recommended that a new PRV Station #3 be constructed between the south residential neighborhood and Sunnyside Marina to provide desired water pressure, increase available fire flow, and water supply redundancy. The PRV station should be capable of reverse flow to allow emergency water supply to the south residential neighborhood in the event the primary PRV Station #1 is out of service. STANTEC CONSULTING SERVICES INC. -'N"W:Y'a L`Adsm. t- Jason K. Bordewyk 651.967.4568 Jason.Bordewyk@stantec.com c. Mark Rolfs, Chris Long Page 121 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 122 of 122