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LAW OFFICES OF Eekberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. Stillwater,1835 Northwestern Avenue r 1 James F. -Lammers Minnesota 55082 Lyle J. Lolcberg Robert G. Briggs*. (651) 439-2878 Paul A. Wolff Marx J. V]erling* PAW (651) 439-2923 (1944-1996) Gregory G. Gallery *Qualified Neutral Arbitrator&Mediator Thomas J. Weidner* Direct Dial No. : (651) 351-2118 •Qualified Neutral Arbitrator Susan D. Olson• *certified Real Estate Specialist Dayid K. Snyder February 4, 1999 *Qualified Neutral Mediator Urosh Piletioh* Mr. Thomas Melena City Administrator City of Oak Park Heights 14168 - 57th Street North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Re : Kern Center Improvements of 1998/1999 Dear Mr. Melena: My office has received from the offices of Bonestroo, Rosene, Anderlik and Associates, as well as Ryan Contracting, Inc . , the original contract documents as prepared by Bonestroo, Rosene, Anderlik and Associates as it affects this project . We have reviewed the contract documents as provided and find the same to be compliant with City ordinance and in conformance with the approval granted by the City Council for the City of Oak Park Heights . You will note in the September 22 , 1998 meeting of the City of Oak Park Heights where the resolution approving this contract was passed by the City Council that the contract award was made contingent upon the City of Oak Park Heights obtaining the appropriate right-of-way necessary to complete the project . As of this date, eminent domain proceedings have been commenced as against all properties where acquisition of right-of-way has been acquired with the exception of lands owned by the State of Minnesota, specifically the Minnesota Department of Transportation. It is my understanding from the engineering staff that they are in the process of obtaining that right-of-way. As soon as engineering staff has confirmed the acquisition and consent of access to the MnDOT properties through their offices, it would be my opinion that the City of Oak Park Heights would be authorized then to execute the aforementioned contract documents, forwarding them back to engineering staff and Ryan Contracting and, of course, retaining one for your files . . S Mr. Thomas Melena February 4, 1999 Page 2 We have reviewed the insurance certificates attached to the contract documents and the form of the documents ' . d them to be in order. Yours ve M•:rk J. Vierling MJV/sdb Enclosure r ti t • • ENCLOSURE 6 LAW OFFICES OF • Eckberg, Lammers, Briggs , Wolff & Vierling, P.L.L.P. 1855 Northwestern Avenue Lyle J1. EclC6er .Stillwater. Minnesota 55082 David K. Snyder James I~. Lammers (651) 459-2878 Lrosh Piletich* Rohert G. Brt Est* FAX (651) 459-2925 Paul A. Wolff Mark ,l. Vierling* Direct Dial No. : (612) 351-2118 Gregory G. Galley* + (lJd4-l��G) *Qualified Neutral Yrbltrator& Mediator Thomas J. Weidner* September 24 , 1998 *Qualified Neutral Arhitralor Susan D. Olson *Certif,ed Real Estate Specialist *Qualified Neutral Mediator M Mr. Thomas Melena City Administrator SEP 2 5 1999 City of Oak Park Heights 14168 - 57th Street North tiElg P.O. Box 2007 Oak Park Heights, Minnesota 55082 Re : Kern Center Improvements of 1998/1999 Dear Tom: • Enclosed herewith please find extract of City Council meeting minutes which I have prepared in regard - t. he Kern Center Improvement Project . Please place this m. ter pia' the consent agenda for the next Council meeting. / y Yours very t • y, ,Age Mark J. Vierling MJV/sdb Enclosure M1 • • . EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA HELD: September 22, 1998 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota, was duly held and called at the City Hall in said City on the 22nd day of September, 1998 at 7 : 00 o' clock p.m. The following members were present : Mayor David Schaaf Councilperson Jerry Turnquist Councilperson Janet Robert Councilperson Mark Swenson Councilperson David Beaudet and the following were absent : None. The Council received bids on the construction of the Kern • Center Improvements of 1998/1998 in the City and after publicly opening, tabulating and analyzing said bids, proceeded to consider said bids . A true and correct copy of the bid tabulation as received by the City of Oak Park Heights is annexed hereto as Exhibit "A" and incorporated by reference herein. After discussion, Member Schaaf introduced the following resolution and moved its adoption: RESOLUTION NO. CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT ON KERN CENTER IMPROVEMENTS OF 1998/1999 CONTINGENT ON ACQUISITION OF RIGHT-OF-WAY BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS, MINNESOTA AS FOLLOWS : 1 . All bids on the construction of the Kern Center Improvements of 1998/1999 have been received and tabulated. 2 . That the bid of Ryan Contracting, Inc . submitted in the amount of $794 , 049 .25 for the construction of said improvements • in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and contingent upon the City of Oak Park Heights obtainin g right-of-way way as is necessary to complete said project, is hereby conditionally accepted. 3 . That the Mayor and the Clerk are herewith authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Oak Park Heights following the acquisition of right-of-way necessary for the completion of the project . 4 . That the City Administrator is herewith authorized and directed to forthwith return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. The motion for the adoption of the foregoing resolution was duly seconded by Member Beaudet and upon a vote being taken thereon, the following voted in favor thereof : Mayor David Schaaf Councilperson Mark Swenson Councilperson Janet Robert Councilperson Jerry Turnquist Councilperson David Beaudet and the following voted against the same : None . Whereupon said resolution was declared duly passed and adopted. � � ! • • EXHIBIT "A" S NCLOSUR • E Bonestroo.Rosene.Anderlik and AssoclateW is an Affirmative Action/Equal O pportunity Employer r B o n e s tr 0 Principals:Otto G.Bonestrco. PE.•Joseph C.Anderlik.PE.•Marvin L.Sorvala,P.E.• Richard E.Turner.PE.•Glenn R.Cook.P.E.•Robert G.Schunicht,PE.• Jerry A.Bourdon.PE.• ■ Rosene / Robert W.Rosene.PE.and Susan M.Eberlin.C.PA.,Senior Consultants Anderlik Associate Principals:Howard A.Sanford,PE.•Keith A.Gordon.P.E.•Robert R.Pfefferle.P.E.• An • Richard W Foster.PE. •David O.Loskota.PE.•Robert C.Russek,A.I.A.•Mark A.Hanson,PE.• Michael T Rautmann.P.E.• Ted K.Field.PE.• Kenneth P.Anderson.PE.•Mark R.Rolfs.PE.• Associates Sidney P.Williamson.PE..L.S.• Robert F.Kotsmith•Agnes M.Ring• Michael P Rau.PE.• Allan Rick Schmidt.PE. Engineers & Architects Offices:St.Paul.Rochester.Willmar and St.Cloud. MN•Milwaukee.WI Website:www bonestroo corn September 3, 1998 City of Oak Park Heights i PO Box 2007 SEP - 8 1998 I Oak Park Heights, MN 55082-2007 Re: Kern Center Improvements BRA File No. 55-98-802 Honorable Mayor and City Council: Bids were opened for the project stated above on Thursday, September 3, 1998. Transmitted herewith are ten (10) copies of the bid tabulation for your information and file. Copies will also be distributed to each bidder. The following summarizes the results of the five low bids received. • Contractor Base Bid Low Ryan Contracting, Inc. $794,049.25 #2 C W Houle, Inc. $794,334.50 #3 Richard Knutson, Inc. $810,730.66 #4 Barbarossa& Sons, Inc. $849,636.00 #5 Northdale Construction Co., Inc. $890,363.36 The low bidder on the project was Ryan Contracting, Inc. with a Base Bid of$794,049.25. These bids have been reviewed and found to be in order. ore There.f we recommend that the project be awarded to Ryan Contracting,Inc.for the Total Base Bid amount of$794,049.25. Should you have any questions,please feel free to call. My direct number is (651) 604-4803. Respectfully, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Joseph R. Rhein, P.E. JRR:jms:enc 2335 West Highway g way 36 • St. Paul, MN 55113 • 612-636-4000 • Fax: 612-636-1311 t • • U v.. N NJ N NJ NJ N z '1�r A tp 3 n A CO 00 0o O, i,, Q. to A W N .-• O .O Co V Q\ to A W N .... O 3 c s _ .Z7 ? 'O o0 00 00 0o m co co co co co ..{ n 7 co 00 o<i a 0 oo x x x x _9: co a. § 0 a a 0 .o 'o to •o •0 to § a � o ! R NI CS. to c- " y d 'B '7 q CO t= a .n y N N n n n n n •J ° Ws " ` O a b DJ N C A n 'C •'^ N N CA CA FT1 I.w.� ^' s. A co co .4 fa !a N rt. V1 Vl V! V1 A W V CT ° o N Naga 6 .0 nnnn . _ r Cl. n 0 `�° ^' N a p n is to e n ER C u CA CA CA CA CA o C7 0 00 ' Z Z f0 N N N N G A N N N N O. NJ T O. � 0 O• O Fi K. 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W C!1 a O so c 7 P O --W _< --3 A A X — z A n 0 0 00 00 0 A p D • 0 S et 000 O.0 Oy O W N C 0 z R1 G o D 00 00 T o n Zr) 6 C• W n 0 Cr X d P 0. O 7 n 0 Bonestroo.Rosene.Anderlik and Associateleis an Affirmative Action;Equal O Bonestro, Opportunity Employer Principals:Otto G.Bonesaoo.P.E.•Joseph C.Anderlk.RE.•Marvin L.Sorvala.P.E.• Rosene Richard E.Turner.PE.•Glenn R.Cook.PE.•Robert G.Schunicht,PE.• Jerry A.Bourdon.P.E.• Robert W.Rosene.P.E.and Susan M.Eberlin.C.PA.,Senior Consultants Anderlil< & Assoctate Principals:Howard A.Sanford.P.E.•Keith A Gordon.P.E.•Robert R.Pfefferle.P.E.• • Richard W Foster,P.E.• David O.Loskota,FE.•Robert C.Russek,A.I.A.•Mark A.Hanson,P.E.• Associates Michael T.,Rautmann,P.E.• Ted K.Field.PE.• Kenneth Anderson.PE.•Mark R.Rolfs,PR, Sidney P Williamson.PE..L.S.•Robert F Kotsmith•Agnes M.Ring•;Michael P Rau.P.E.• Allan Rick Schmidt,PE. Engineers & Architects Offices:St.Paul.Rochester Willmar and St.Cloud.MN• Milwaukee,WI Weosrre'www.honestroo.Corn September 17, 1998 • Mr. Thomas Melena, Administrator City of Oak Park Heights P.O. Box 2007 Oak Park Heights, MN 55082-4439 Re: Kern Center Improvements Our File No. 55-98-802 Dear Mr. Melena: • Enclosed please find twenty (20) copies of tabulation showing pending assessments and charges for the improvement of each parcel in the Kern Center based on the low bid received. This information should be forwarded to each of the property owners prior to considering award. If you have any questions on this matter,please do not hesitate to call me at 604-4833. Very truly yours, BONESTROO, ROSENE, ANDERLIK& ASSOCIATES, INC. C)0e9.4d ae-f,66.4141 Joseph C. Anderlik JCA:dh Enclosure • 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 • • • r r r r r r- r r r r r r r- r- r r r- r- r r r r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O CO CA V 0) Cn A W N -• v O 01 . 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Co N CO CJ1 A O CO <O CO CO CO -4 CO CO O Q) i Cn W N W Cn A 7 O - V N V V N O v V n Un JC C) N th . A O .n« co C) V O A .� CO CT1 W CO Cn CT1 O O O V -+ O ••-4 O N O CO CO Z O O O O 11 CO O 11 N O A H 0 0 0 CO A O A CO N CO O O p' I! 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 M 5R 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D D D rn _ ,. 43 69 N Eu > > CNn N 4434343696943 3434369 4363694343443 . . . . . . m Na 1 CD CO N3 NJ cu CD cn CD CD o 01 V CO -4 CD CD + CO O C) 0) C) CO , O CO co C) 3 3 CD CD CO O W W W W N V N W W O W W W In W O O A 1.7% O CD W -► CD O CO A A A A O CO CT A A A A A A O CO Cn V Ch V N A W cy H Z Z O O 0 0 0 0 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 C1 o b o b b b b 0 b 0 0 0 o o o •o o o O o o o o o co oi CV n ..+ O O 0 0 0 0 O 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 C N a) co 69 43 (3D m G N A 4343436943694434344343 43E3 E343443 43 43434434369443 > N a N Na V . A A A Cn -1 CD A A CO . A . CO N► N C _4 W co O -• Z N y 0 N O V CO Cfl CO t0 �I O V tO Cp O tD CO CO O -► N W O CO A .71. � 07 C A Cn O i a O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 0 0 0 co O 0 n C C>1 O 0 0 0 0 0 0 0 0 0 0 0 o O o O o O 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CA a) m ?cn CCDD O 0 CJ) (43 E3 7 m c N A 69 63 43 69 43 43 43 E43 43 69 69 43 69 43 69 43 60436969 443 n p m m -' N -+ N CO — IV N 46 co O ., x CD W N CO CO CO CO A CT1 A W CO V Co W CO CO W co N N V C0 V Z cn y n V OD OD OD 07 Cn V U1 CO OD O W OD O tO A (n N -co O O O in O O 0 7 0 p CO O O O O CO CO Co O O O O O O O V A -4 W O -4 O CD N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O N ,m+ ^• O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 a) _ O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) m m cr m = cn m -co • °' 7 K O m CJ1 co V CO CO O CO N CO • • • STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss . CITY OF OAK PARK HEIGHTS) I , the undersigned, being the duly qualified and acting City Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the ordering and directing preparation of final plans and specifications of the Kern Center Improvements of 1998/1999 in said City. • WITNESS my hand and the seal of the City this day of , 1998 . City Administrator (SEAL) • J+ Bonestroo,Rosene,Anderlik and Associates,Inc.is an ative Action/Equal Opportunity Employer Bonestroo Principals:Otto G.Bonestroo,P.E.•Joseph C.Anderl•Marvin L. Richard E.Turner,P.E.•Glenn R.Cook,P.E.•Robert G.Schunicht,P.E.• Jerry A.Bourdon,RE.• RoseneRobert W.Rosene,P.E.and Susan M.Eberlin,C.P.A.,Senior Consultants, Associate Principals:Howard A.Sanford,P.E.•Keith A.Gordon,P.E.•Robert R.Pfefferle,P.E.- Anderlik be Richard W.Foster,RE.•David O.Loskota,P.E.•Robert C.Russek,AAA.• Mark A.Hanson,P.E.• • Associates Michael T.Rautmann,RE.• Ted K.Field,P.E.• Kenneth P Anderson,RE.•Mark R.Rolfs,PE.• Sidney P.Williamson,P.E.,L.S.•Robert F.Kotsmith•Agnes M.Ring• Michael R.Rau,RE.• Allan Rick Schmidt,P.E. Engineers &Architects Offices:St.Paul,Rochester,Willmar and St.Cloud,MN• Milwaukee,WI Website:www.bonestroo.com PRELIMINARY REPORT ON KERN CENTER IMPROVEMENTS OAK PARK HEIGHTS, MINNESOTA File No. 55-98-802 May 29, 1998 Amended July 1, 1998 • INTRODUCTION A commercial subdivision known as Kern Center has recently been annexed into the City of Oak Park Heights. This plat is located west of and adjacent to Highway No. 5 and is between Highway 36 and 55th Street. The existing buildings within the development are served with individual wells and on-site septic sewage systems. In accordance with City policy and the desire of the vacant landowners, there is a need to consider extending public utilities to this area so that future development will not be required to install on-site water and sewer systems. The installation of public utilities will also make these facilities available to the developed lots in the event of system failures or to enhance fire protection for the buildings. The purpose of this report is to define the improvements required to serve the development and to provide cost estimates and a method of cost allocation to determine project feasibility. The general layout of the subdivision and the required improvements to serve the area is shown on the drawing attached to this report and designates as Figure 2. S 1 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 w J • • • REQUIRED IMPROVEMENTS Very little of the Kern Center can be served by gravity from the existing sanitary sewer mains on 58th Street and Neal Avenue. Therefore, it is proposed that all sewage generated and collected be pumped to the 10 inch diameter main on Neal Avenue which is located just north of the Rainbow/Oppidan site. It is proposed that a sewage pumping station be constructed at the northwest corner of Highway No. 5 and 55th Street with discharge through a force main parallel to Highway No. 5 and then easterly along an easement on the north edge of the Brackey West plat to the existing sanitary sewer at Neal Avenue. Sanitary sewer would be installed along the east side of Memorial Avenue to serve each of the lots in the subdivision and be connected to the pumping station. A 12 inch diameter water main exists on 58th Street on the east side of Highway No. 5. This main has sufficient capacity to serve Kern Center and can be extended westerly by jacking under the highway and extending it to Memorial Avenue. Because of the long dead end condition and potential for high fire demands it is proposed that the water main continue along the west side of Memorial Avenue as a 12 inch diameter pipe to 55th Street. Water main on 55th Street and north of 58th Street would be 8 inches in diameter. The water system would be equipped with the necessary valves and hydrants for operation. control and fire protection. At some future date, consideration could be given to providing a looped system in the vicinity of Highway 36 which is about the only opportunity available for looping. Four inch diameter sewer stubs and 6 inch diameter valved water services would be extended to each of the lots in the subdivision for future service to the lots and/or buildings. This will require crossings of the existing street surfacing. As a part of this project it is assumed that the gravel base and bituminous surfacing will be restored and patched at each of the utility crossings and that a 1-1/2 inch thick bituminous overlay will be installed over all bituminous streets to cover the patches and to increase the load bearing capacity of these roadways. • 2 • S The project would also include connection of Memorial Avenue to 55th Street and the improvement of 55th Street from Memorial Avenue to Highway No. 5 to provide for an additional point of access for public safety and other purposes. The surface would be constructed to a width of 24 feet with minimal gravel shoulders to a section similar to Memorial Avenue. Kern Center currently has very shallow ditches along the roadways to convey storm water runoff to existing ponding areas. These ditches will become inadequate as further development creates additional runoff from the area. It is anticipated that eventually lateral storm sewer will be installed to replace the ditch system and the streets expanded to an urban section. A large storm water detention area will be required in the future in the ravine along the west edge of Kern Center with a flow control structure to reduce the rate of flow under Highway 36 and to Long Lake. This work would be coordinated with the Browns Creek Watershed District and may have to be implemented by the District because the proposed pond and outlet would serve two municipal jurisdictions. In addition to the utilities noted above, this newly annexed area does not receive coverage from the existing warning sirens in the City. Therefore, as a part of this utility project it is proposed that an additional warning siren be installed. PERMITS AND EASEMENTS REQUIRED There are no wetlands which will be disturbed as a part of the proposed improvements, so no wetland permits will be required. While it is proposed to continue restriction of storm water runoff rates to those which currently exist, the plans will be submitted to the Browns Creek Watershed District and the City of Stillwater for review and comments. All work to be done will be within public land or rights-of-way except for a small parcel which must be obtained for the site of the sewage pumping station. It will also be necessary to obtain construction easements along the utility routes. • 3 • • A permit must be secured from the Minnesota Department of Transportation for all work within the Highway No. 5 right-of-way. Standard construction permits are required and will be obtained from the Minnesota Department of Health and Pollution Control Agency for the water main and sanitary sewer construction. A General Storm Water Permit for Construction Activities must also be obtained from the Minnesota Pollution Control Agency. COST ESTIMATES Detailed cost estimates have been prepared for the construction of public utilities and street improvements to provide utility service to Kern Center and are included in the Appendix p y ppendix to this report. All costs are based on unit prices anticipated for the 1998 construction season and include a twenty-five (25) percent allowance for engineering, administrative fees and financing. No costs are included for capitalized interest during the construction period and before assessments are levied. An overall summary of these costs is shown below: Item Estimated Cost Sanitary Sewer $165,700.00 Lift Station &Force Main 184 700.00 Water Main 137,000.00 Building Services 77,700.00 Warning Siren g 21,900.00 Street Improvements 60,900.00 Subtotal $647,900.00 Trunk& Oversized Water Main 73,600.00 Trunk Storm Sewer 111 500.00 TOTAL PROJECT COST $833,000.00 All costs shown above except for the trunk water and storm sewer are proposed to be assigned to the Kern Center. All trunk costs would be recovered from the area or connection charges. • 4 • • COST ALLOCATION The Kern Center development contains 22 platted lots on 84.40 acres of land which does not include the lot purchased by the Minnesota Department of Transportation for storm water ponding purposes. These parcels contain 5,309 feet of frontage on Memorial Avenue where the utilities are being installed. It is further noted that 47.20 acres of the land is developed which also represents 2,531 feet of frontage on Memorial Avenue. Because the land which has been developed has incurred the cost of drilling private wells and installing individual on-site sewer systems, the City of Oak Park Heights has developed a policy where existing buildings will not have to connect to the water or sewer system until six (6) years after the systems are available or if a failure in the individual on-site system occurs. At that time, the individual parcels would have to pay the equivalent amount equal to those charges defined herein which are to be assigned to the vacant parcels. For the purpose of this report it is assumed that the lateral sanitary sewer, water main, siren and street assessment rate would be computed on a front footage basis by dividing the cost by the total front footage on Memorial Avenue and that the services cost would be on a per lot basis. These rates are shown in the following computations: Item Computation Assessment Rate Sanitary Sewer $165,700.00_5,309 ft. $31.20/front foot Water Main 137,000.00_5,309 ft. 25.80/front foot Warning Siren 21,900.00=5,309 ft. 4.10/front foot Street Improvements 60,900.00 5,309 ft. 11.50/front foot Building Services 77,700.00 _22 lots 3,530.00/lot It is further assumed that the current area charge or connection charge rates which have been adopted by the City of Oak Park Heights would be assigned to the developing parcels. • 5 • • • These charges are as shown below: Charge Rate Trunk Sanitary Sewer $2,310.00/acre Trunk Waterworks 4,010.00/acre Trunk Storm Sewer 5,080.00/acre Storm Water Ponding 3,200.00/acre It is recommended that the storm water ponding charge not be applied until that work is undertaken by Browns Creek Watershed District or as a joint project by the two municipalities. If the rates established above are applied to the vacant property in the Kern Addition, the City will obtain the following revenue: Item Computation Revenue Lateral Improvements 2,778 ft x $72.60/ft. $201,682.80 Building Services 11 lots x 3,530.00/lot 38,830.00 Trunk Sanitary Sewer 37.20 ac x 2,310.00/ac 85,932.00 Trunk Waterworks 37.20 ac x 4,010.00/ac 149,172.00 Trunk Storm Sewer 37.20 ac x 4,650.00/ac 188,976.00 TOTAL REVENUE $664,592.80 It should be noted that the revenue to be collected by the method shown above will be approximately $168,000.00 less than the estimated cost of the project. This will be recovered in the future when the existing buildings are connected to the system and pay their equivalent share for service. CONCLUSIONS AND RECOMMENDATIONS As a result of the study undertaken, it can be concluded that construction of utilities and streets to serve Kern Center west of Highway No. 5 is feasible with costs being similar to other developing areas in the City of Oak Park Heights. However, because of City policy to allow 6 • • • existing businesses to further utilize their on-site sewer and water systems, a portion of the cost will have to be carried by the City for a period of time. The project is necessary to allow for the continuation of development in the Kern Center in a manner which better protects the environment as it relates to wastewater disposal. Because of the proximity of the existing utilities and other public facilities which are in place, the improvements are cost effective. It is recommended that this report be used as a guide for the layout and design of the public improvements to provide public utility service to Kern Center. To further evaluate the project and the cost allocation method, it is recommended that a public hearing be held to receive comments from the property owners so as to determine the further action to be taken. For hearing purposes, the following information should be utilized: • Estimated Project Cost: $833,000.00 Benefited Area: All lots and parcels in Kern Center and Kern Center 2nd Addition located in the City of Oak Park Heights,County of Washington, and State of Minnesota. I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. 4d1P/2 Joseph C. Anderlik, P.E. Date: July 1, 1998 Registration No. 6971 • 7 • • APPENDIX A KERN CENTER COST ESTIMATES SANITARY SEWE R 1,700 Lin. ft. 8" P.V.C. SDR-35, 10'-12' deep in pl. @ 16.00 $27,200.00 240 Lin. ft. 8" P.V.C. SDR-35, 12'-14' deep in pl. @ 18.00 4,320.00 60 Lin. ft. 8" P.V.C. SDR-26, 12'-14' deep in pl. @ 20.00 1,200.00 140 Lin. ft. 8" P.V.C. SDR-26, 14'46' deep in p1. @ 22.00 3,080.00 140 Lin. ft. 8" P.V.C. SDR-26, 16'-18' deep in pl. @ 24.00 3,360.00 200 Lin. ft. 8" P.V.C. SDR-26, 18'-20'deep in p1. @ 26.00 5,200.00 820 Lin. ft. 8" P.V.C. SDR-26, 20'-22' deep in pl. @ 28.00 22,960.00 11 Each Std 4' diam. MH., 8' deep wlcstg in pl. @ 1,200.00 13,200.00 70 Lin. ft. Manhole depth greater than 8° dp @ 100.00 7,000.00 16 Each 8"x4" PVC,SDR-35 P wye branch in 1. @ 50.00 800.00 7 Each 8"x4" PVC, SDR-26 wye branch in pl. @ 60.00 420.00 50 Lin. ft. 8" PVC, schedule 40 riser in p1. @ 15.00 750.00 3,300 Lin. ft. Television inspection of 8" sewer @ 1.00 3,300.00 3,300 Lin. ft. Improved pipe fdn mtl.,6" thick in p1. @ 2.00 6,600.00 40 80 Lin. ft. Remove and replace driveway culverts @ 10.00 800.00 2 Each Patch existing driveway @ 750.00 1,500.00 Lump Sum Clear&grub trees 1,500.00 1 Each Patch existing street crossing @ 1,000.00 1,000.00 of existing triple culvert 1 000.00 Lump Sum Cross end g p , 500 Cu. yd. Core excavation @ 4.50 2,250.00 900 Ton Class 5 gravel base in 1. @ 6.00 5,400.00 g p 5,000 Sq.yd. Sodding of drainage ditch @ 2.50 12,500.00 2.5 Acres Seeding w/mulch anchored in 1. @ 2,400.00 6,000.00 g P 400 Lin. ft. Hay bale diversions in pl. @ 3.00 1,200.00 Estimated Construction Cost $132,540.00 25%Engr., Fiscal &Admin. 33,160.00 TOTAL SANITARY SEWER $165,700.00 A-1 • • S LIFT STATION&FORCE MAIN 1 Each 300 GPM duplex submersible lift sta. in pl. @ 85,000.00 $85,000.00 2 Each 150 GPM impellers for sewage pumps @ 150.00 300.00 2,960 Lin. ft. 6" D.I.P. Class 52, 7-1/2' cover in p1. @ 13.00 38,480.00 100 Lin. ft. 6" D.I.P.jacked in pl. w/steel carrier @ 150.00 15,000.00 545 Lbs. D.I. fittings in p1. @ 1.00 545.00 1 Each Cut-in to existing manhole @ 200.00 200.00 1 Each Patch existing street crossing @ 1,000.00 1,000.00 3.0 Acres Seeding w/mulch anchored in pl. @ 2,400.00 7,200.00 Estimated Construction Cost $147,725.00 25%Engr.,Fiscal &Admin. 36,975.00 TOTAL LIFT STA. &FORCE MAIN $184,700.00 WATER MAIN 2,890 Lin. ft. 12" D.I.P., Class 52, 7 1/2° cover in p1. @ 25.00 $72,250.00 100 Lin. ft. 12" D.I.P.jacked in pl. w/steel carrier @ 160.00 16,000.00 1,140 Lin. ft. 8" D.I.P.,Class 52, 7 1/2' cover in pl. @ 17.00 19,380.00 160 Lin. ft. 6" D.I.P., Class 52, 7 1/2' cover in p1. @ 13.00 2,080.00 6 Each 12" gate valve&box in pl. @ 1,000.00 6,000.00 • 2 Each 8" gate valve&box in p1. @ 600.00 1,200.00 8 Each 6" gate valve&box in p1. @ 400.00 3,200.00 8 Each 5" valve hydrant in pl. @ 1,200.00 9,600.00 5,745 Lbs. D.I. fittings in pl. @ 1.00 5,745.00 1 Each Cut-in to existing 12" plug @ 500.00 500.00 4,200 Lin. ft. Improved pipe fdn mtl., 6" thick in pl. @ 1.00 4,200.00 240 Lin. ft. Remove and replace driveway culverts @ 10.00 6 Each Patch existing driveways @ 500.00 3,000.00 1 Each Patch existing street crossings @ 1,000.00 1,000.00 Lump Sum Cross end of existing triple culvert 1,000.00 5,000 Sq. yd. Sodding of drainage ditch @ 2.50 12,500.00 3.0 Acres Seeding w/mulch anchored in pl. @ 2,400.00 7,200.00 400 Lin. ft. Hay bale diversion in pl. @ 3.00 1,200.00 Estimated Construction Cost $168,455.00 25%Engr.,Fiscal &Admin. 42,145.00 TOTAL WATER MAIN $210,600.00 40 A-2 • S • TRUNK STORM SEWER 940 Lin. ft. 42" RCP, Class 2,0'-10'deep in p1. @ 70.00 $65,800.00 1 Each Std 6'diam. MH w/cstg in pl. @ 2,400.00 2,400.00 2 Each 42" RCP flared end w/trash guard @ 2,500.00 5,000.00 40 Ton Rock rip rap, Class 3 in pl. @ 50.00 2,000.00 1 Each Repair existing street crossing @ 750.00 750.00 940 Lin. ft. Remove existing 18" storm sewer @ 10.00 9,400.00 1 Each 12" diam. orifice plate in pl. @ 250.00 250.00 1.5 Acres Seeding w/mulch anchored in pl. @ 2,400.00 3,600.00 Estimated Construction Cost $89,200.00 25%Engr.,Fiscal &Admin. 22,300.00 TOTAL TRUNK STORM SEWER $111,500.00 TRUNK WATER MAIN 800 Lin. ft. 12" D.LP., Class 52, 7 1/2'cover in pl. @ 25.00 20,000.00 100 Lin. ft. 12" D.I.P.jacked in p1. w/steel carrier @ 160.00 16,000.00 1 Each 12" gate valve&box in pl. @ 1,000.00 1,000.00 590 Lbs D.I.fittings in pl. @ 1.00 590.00 1 Each Cut-in to existing 12" plug @ 500.00 500.00 SEstimated Construction Cost $38,090.00 25%Engr.,Fiscal&Admin. 9,510.00 TOTAL TRUNK WATER MAIN $47,600.00 WATER MAIN OVERSIZING 2,090 Lin. ft. 12" D.I.P. in lieu of 8" D.I.P. @ 8.00 $16,720.00 5 Each 12" gate valve in lieu of 8" gate valve @ 400.00 2,000.00 2,095 Lbs. Extra D.I. fittings in pl. @ 1.00 2,095.00 Estimated Construction Cost $20,815.00 25% Engr., Fiscal&Admin. 5,185.00 TOTAL WATER MAIN OVERSIZING $26,000.00 I A-3 . • • SERVICE LINES 23 Each 6" gate valve&box in pl. @ 400.00 $9,200.00 9,975 Lbs. D.I.fittings in p1. @ 1.00 9,975.00 1,050 Lin. ft 6" D.I.P. water service in pl. @ 15.00 15,750.00 1,510 Lin. ft. 4" PVC, Schedule 40 sewer service in p1. @ 10.00 15,100.00 22 Each Patch existing street crossing @ 500.00 11,000.00 46 Each Install service marker in pl. @ 25.00 1,150.00 Estimated Construction Cost $62,175.00 25% Engr.,Fiscal&Admin. 15,525.00 TOTAL SERVICE LINES $77,700.00 STREET IMPROVEMENTS 7,000 Sq. yd. Surface preparation @ 0.20 $1,400.00 qY P P $ , 2,700 Sq. yd Subgrade preparation @ 0.50 1,350.00 600 Ton Type 31 bituminous base w/AC-1 in 1. @ 2 ype p 25.00 15,000.00 200 Ton Type 41 bituminous base w/AC-1 in 1. yp C n p @ 27.00 5,400.00 700 Ton Type 41 bituminous overlay w/AC-1 in pl. @ 30.00 21,000.00 400 Ton Class 2 crushed aggregate for shoulders @ 10.00 4,000.00 550 Gal. Bituminous mtl. for tack coat in pl. @ 1.00 550.00 Estimated Construction Cost $48,700.00 25%Engr.,Fiscal &Admin. 12 200.00 TOTAL STREET IMPROVEMENTS $60,900.00 A-4 1 1111 L______L____L- 4111---/ ---„, • STATE HI HWAY 36 ��-- /� � API KERN CEMER (+i i \ I 1 ^ EE( NOP 03 . + S 4 -- __�...� �. / PROPOSED , " FORCE MAIN g ir Ft?III III III r 9 r hr ` 0 t . ,%0*. 2 le 7 PROPOSED SANITARY SEWER \. / PRO- . t T'y� Rain WA -4 8 F KERN NTER . .N ♦ ,@, 4.).'.5 r KERN'S EDUCATION AOOrtWN 1 O¢ ;le D 4 DIA.4 SEWER 3 CTED OUTLE a"r STO POND .,0 Jh 3 0" -1-J-^r"---z......? 2 � s r l �2 , .r 2 1 h'�y 4' STLLWATER HIGH SCHOOL I FT STA I g- 1 -- • sSTH STREET NORTH leTh AC3Ct:=317 •SITE PLAN ki Bonestroo Q Rosene ri OAK PARK HEIGHTS, MINNESOTA FIGURE 2 Associk & Associates KERN CENTER IMPROVEMENTS seers & Architects .!5598802/55802R01 5/28/98 5598802 •03 7C n U : _ u. m :C1 O 0 > :..3 N xx ■ 5 U :•- . « --)} z — 1 N O 'C '�,� -/ go 4, ,, .. � ``-- m �.,::. �'` ���'•���Ti tip co rll _ �l 3 Z Z .�1� � C� N.� ', . 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Zl 03 D. tg00 co) 16.....11,17r-i,.,.., f i o ›pi i ki.. ....8 4 „.....,•. -f ' � ' l • � • I � • • Page 4-City Council Minutes 06/09/98 Nolde inquired if upgrades will alleviate ponding. Engineer Anderlik said ponding is generally required in wetland areas. Mr. Nolde also inquired as to what arrangements could be made for assessment payment. Administrator Melena, addressing Mayor Schaaf, said recommendation from staff is a 15 year special assessment. Barb Barry, Valley Senior Services Alliance, stated that VSSA has an option on property in the area of the improvements. VSSA is looking forward to the road improvements. She further stated that it would be beneficial for 58th Street to be completed this year. Mr. Haase inquired if project will progress even if he doesn't want it. Attorney Vierling stated that it is expected all the right of way land for the 58th Street project be donated. If the City does not have this, the project cannot possibly go through. Councilmember Turnquist, seconded by Swenson, moved to close the public hearing at 7:42. Carried 5-0. Councilmember Robert, seconded by Jerry Turnquist, moved to pass a resolution to approve the project and direct the Engineer's office to prepare the plans to begin this project. Roll call vote was taken. Carried 5-0. B. Public Hearing for consideration of improvements to Kerns Center Administrator Melena read the notice and Mayor Schaaf opened the public hearing at 7:45. Engineer Anderlik reported that the City is considering installation of public utilities to serve Kern Center, the newly annexed land lying west of Hwy 5. Improvements would consist of installing sanitary sewer, municipal water, restoration construction of street, and storm sewer improvements. It is not proposed to install curb and gutter or widen the street at this time. The total estimated cost of improvements is $811,000.00. The area proposed to be assessed for improvements is all that part of Section 6, Township 29 North, Range 20 West, platted as Kerns Center and Kerns Center 2nd Addition, including adjacent rights of way. Also including adjacent right of way of 55th Street North. 11111 • Page 5 -City Council Minutes 06/09/98 Anderlik said it is proposed that the sanitary sewer and water main be paid for by assessing the abutting properties at the rate of$32.50 per foot for the sanitary sewer and $26.90 per foot for the water main. In addition, each of the services will cost approximately $3,500 and would be assigned to each lot. The street improvement, restoration of street after it has been disturbed, is approximately $12.00 per foot. In addition to those charges,the City would apply normal area connection charges to the lots. Those charges are standard throughout the City: $2310.00 (Trunk Sanitary Sewer); $4010.00(Trunk Water);$4650.00(Trunk Storm Sewer). Anderlik stated that it was further suggested to the City that only the vacant land be assessed at this time because existing buildings have individual, separate systems. Using the aforementioned figures, the City would be able to immediately recover approximately $639,000 of the $811,000. The City would need to pay the balance of that cost until existing property owners with existing buildings need to or want to connect to the system. They will then pay the same charges for service. Century Power Equipment, 5920 Memorial: What is the estimated cost for power equipment if home/building owners would like to convert? Anderlik was directed to develop a table to give approximate conversion costs. There was discussion as to how long property owners can extend their assessment. Administrator Melena stated that it should be handled on a case-by-case basis. Melena said that staff would be recommending to the Council a 15 year special assessment bond for all properties. However, the properties which currently have service would be deferred. Councilmember Swenson, seconded by Beaudet, moved to close the public hearing at 7:51. Carried 5-0. Councilmember Swenson, seconded by Turnquist, moved to pass a resolution to approve the project and direct the Engineer's office to prepare the plans to begin this project. Roll call vote was taken. Carried 5-0. Engineer Anderlik estimated the project would extend over a 2-3 month period while equipment for the lift station may take longer. The project could be completed late fall, 1998. Anderlik further stated that access to the area would be maintained during the construction. Administrator Melena suggested an on-site meeting to discuss the project as well as periodic one-page newsletters to apprise affected property owners of the schedule. C. Public Hearing to discuss the establishment of a Central Business District ENCLOSURE 11 L - „+ •• Bonestroo,Rosene,Anderlik and Associates,Inc.is arative Action/Equal Opportunity Employer ` Bonestroo Principals:Otto G.Bonestroo,P.E.•Joseph C.Anderli Marvin L.Sorvala,P.E.• Richard E.Turner,P.E.• Glenn R.Cook,P.E.• Robert G.Schunicht,RE.• Jerry A.Bourdon,P.E.• RoseneRobert W.Rosene,P.E.and Susan M.Eberlin,C.P.A.,Senior Consultants 111 Associate& Associate Principals:Howard A.Sanford,PE.• Keith A.Gordon,P.E.•Robert R.Pfefferle,P.E.• ii Richard W.Foster,P.E.• David O.Loskota,P.E.• Robert C.Russek,A.I.A.• Mark A.Hanson,P.E.• Michael T.Rautmann,P.E.•Ted K.Field,RE.• Kenneth P Anderson,PE.• Mark R.Rolls,PE.• Associates Sidney P Williamson,P.E.,L.S.• Robert F.Kotsmith•Agnes M.Ring• Michael P Rau,RE.• Allan Rick Schmidt,PE. Engineers &Architects Offices:St.Paul,Rochester,Willmar and St.Cloud,MN• Milwaukee,WI Website:www.bonestroo.com PRELIMINARY REPORT ON • KERN CENTER IMPROVEMENTS OAK PARK HEIGHTS, MINNESOTA File No. 55-98-802 • May 29, 1998 • INTRODUCTION A commercial subdivision known as Kern Center has recently been annexed into the City of Oak Park Heights. This plat is located west of and adjacent to Highway No. 5 and is between Highway 36 and 55th Street. The existing buildings within the development are served with individual wells and on-site septic sewage systems. In accordance with City policy and the desire of the vacant landowners, there is a need to consider extending public utilities to this area so that future development will not be required to install on-site water and sewer systems. The installation of public utilities will also make these facilities available to the developed lots in the event of system failures or to enhance fire protection for the buildings. The purpose of this report is to define the improvements required to serve the development and to provide cost estimates and a method of cost allocation to determine project feasibility. The general layout of the subdivision and the required improvements to serve the area is shown on the drawing attached to this report and designates as Figure 2. 1 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 ' • • REQUIRED IMPROVEMENTS Very little of the Kern Center can be served by gravity from the existing sanitary sewer mains on 58th Street and Neal Avenue. Therefore, it is proposed that all sewage generated and collected be pumped to the 10 inch diameter main on Neal Avenue which is located just north of the Rainbow/Oppidan site. It is proposed that a sewage pumping station be constructed at the northwest corner of Highway No. 5 and 55th Street with discharge through a force main parallel to Highway No. 5 and then easterly along an easement on the north edge of the Brackey West plat to the existing sanitary sewer at Neal Avenue. Sanitary sewer would be installed along the east side of Memorial Avenue to serve each of the lots in the subdivision and be connected to the pumping station. A 12 inch diameter water main exists on 58th Street on the east side of Highway No. 5. This main has sufficient capacity to serve Kern Center and can be extended westerly by jacking under the highway and extending it to Memorial Avenue. Because of the long dead end condition and potential for high fire demands it is proposed that the water main continue along the west side of Memorial Avenue as a 12 inch diameter pipe to 55th Street. Water main on 55th Street and north of 58th Street would be 8 inches in diameter. The water system would be equipped with the necessary valves and hydrants for operation. control and fire protection. At some future date, consideration could be given to providing a looped system in the vicinity of Highway 36 which is about the only opportunity available for looping. Four inch diameter sewer stubs and 6 inch diameter valved water services would be extended to each of the lots in the subdivision for future service to the lots and/or buildings. This will require crossings of the existing street surfacing. As a part of this project it is assumed that the gravel base and bituminous surfacing will be restored and patched at each of the utility crossings and that a 1-1/2 inch thick bituminous overlay will be installed over all bituminous streets to cover the patches and to increase the load bearing capacity of these roadways. • 2 • • The project would also include connection of Memorial Avenue to 55th Street and the improvement of 55th Street from Memorial Avenue to Highway No. 5 to provide for an additional point of access for public safety and other purposes. The surface would be constructed to a width of 24 feet with minimal gravel shoulders to a section similar to Memorial Avenue. Kern Center currently has very shallow ditches along the roadways to convey storm water runoff to existing ponding areas. These ditches will become inadequate as further development creates additional runoff from the area. It is anticipated that eventually lateral storm sewer will be installed to replace the ditch system and the streets expanded to an urban section. A large storm water detention area will be required in the future in the ravine along the west edge of Kern Center with a flow control structure to reduce the rate of flow under Highway 36 and to Long Lake. This work would be coordinated with the Browns Creek Watershed District and may have to be implemented by the District because the proposed pond and outlet would serve two municipal jurisdictions. PERMITS AND EASEMENTS REQUIRED There are no wetlands which will be disturbed as a part of the proposed improvements, so no wetland permits will be required. While it is proposed to continue restriction of storm water runoff rates to those which currently exist, the plans will be submitted to the Browns Creek Watershed District and the City of Stillwater for review and comments. All work to be done will be within public land or rights-of-way except for a small parcel which must be obtained for the site of the sewage pumping station. It will also be necessary to obtain construction easements along the utility routes. A permit must be secured from the Minnesota Department of Transportation for all work within the Highway No. 5 right-of-way. Standard construction permits are required and will be obtained from the Minnesota Department of Health and Pollution Control Agency for the water main and sanitary sewer construction. A General Storm Water Permit for Construction Activities must also be obtained from the Minnesota Pollution Control Agency. 3 . • COST ESTIMATES Detailed cost estimates have been prepared for the construction of public utilities and street improvements to provide utility service to Kern Center and are included in the Appendix to this report. All costs are based on unit prices anticipated for the 1998 construction season and include a twenty-five (25) percent allowance for engineering, administrative fees and financing. No costs are included for capitalized interest during the construction period and before assessments are levied. An overall summary of these costs is shown below: Item Estimated Cost Sanitary Sewer $165,700.00 Lift Station& Force Main 184,700.00 Water Main 137,000.00 Building Services 77,700.00 Street Improvements 60,900.00 Subtotal $ 000.00 626, Trunk & Oversized Water Main 73,600.00 Trunk Storm Sewer 111,500.00 TOTAL PROJECT COST $811,100.00 All costs shown above except for the trunk water and storm sewer are proposed to be assigned to the Kern Center. All trunk costs would be recovered from the area or connection charges. COST ALLOCATION The Kern Center development contains 22 platted lots on 82.26 acres of land which does not include the lot purchased by the Minnesota Department of Transportation for storm water ponding purposes. These parcels contain 5,096 feet of frontage on Memorial Avenue where the utilities are being installed. It is further noted that 45.14 acres of the land is developed which also represents 2,388 feet of frontage on Memorial Avenue. 4 • Because the land which has been developed has incurred the cost of drilling private wells and installing individual on-site sewer systems, the City of Oak Park Heights has developed a policy where existing buildings will not have to connect to the water or sewer system until six (6) years after the systems are available or if a failure in the individual on-site system occurs. At that time, the individual parcels would have to pay the equivalent amount equal to those charges defined herein which are to be assigned to the vacant parcels. For the purpose of this report it is assumed that the lateral sanitary sewer, water main and street assessment rate would be computed on a front footage basis by dividing the cost by the total front footage on Memorial Avenue and that the services cost would be on a per lot basis. These rates are shown in the following computations: Item Computation Assessment Rate Sanitary Sewer $165,700.00-5,096 ft. $32.50/front foot Water Main 137,000.00=5,096 ft. 26.90/front foot Street Improvements 60,900.00_5,096 ft. 11.95/front foot Building Services 77,700.00_22 lots 3,530.00/lot It is further assumed that the current area charge or connection charge rates which have been adopted by the City of Oak Park Heights would be assigned to the developing parcels. These charges are as shown below: Charge Rate Trunk Sanitary Sewer $2,310.00/acre Trunk Waterworks 4,010.00/acre Trunk Storm Sewer 4,650.00/acre Storm Water Ponding 3,200.00/acre It is recommended that the storm water ponding charge not be applied until that work is undertaken by Browns Creek Watershed District or as a joint project by the two municipalities. 5 • • If the rates established above are applied to the vacant property in the Kern Addition, the City will obtain the following revenue: Item Computation Revenue Lateral Improvements 2,708 ft x$71.35/ft. $193,215.80 Building Services 11 lots x 3,530.00/lot 38,830.00 Trunk Sanitary Sewer 37.12 ac x 2,310.00/ac 85,747.20 Trunk Waterworks 37.12 ac x 4,010.00/ac 148,851.20 Trunk Storm Sewer 37.12 ac x 4,650.00/ac 172,608.00 TOTAL REVENUE $639,252.20 It should be noted that the revenue to be collected by the method shown above will be the estimated cost of the project. This will be recovered in approximately $172,000.00 less than P J PP Y the future when the existing buildings are connected to the system and pay their equivalent share for service. CONCLUSIONS AND RECOMMENDATIONS As a result of the study undertaken, it can be concluded that construction of utilities and streets to serve Kern Center west of Highway No. 5 is feasible with costs being similar to other developing areas in the City of Oak Park Heights. However, because of City policy to allow existing businesses to further utilize their on-site sewer and water systems, a portion of the cost will have to be carried by the City for a period of time. The project is necessary to allow for the continuation of development in the Kern Center in a manner which better protects the environment as it relates to wastewater disposal. Because of the proximity of the existing utilities and other public facilities which are in place, the improvements are cost effective. that this report be used as a guide for the layout and design of the It is recommended p g Y pub lic im p rovements to provide public utility service to Kern Center. 6 • • To further evaluate the project and the cost allocation method, it is recommended that a public hearing be held to receive comments from the property owners so as to determine the further action to be taken. For hearing purposes, the following information should be utilized: Estimated Project Cost: $811,100.00 Benefited Area: All lots and parcels in Kern Center and Kern Center 2nd Addition located in the City of Oak Park Heights, County of Washington, and State of Minnesota. I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the- laws of the State of Minnesota. 0. , , / a ■ Joseph C. Anderlik, P.E. Date: May 29, 1998 Registration No. 6971 7 • APPENDIX A KERN CENTER COST ESTIMATES SANITARY SEWER 1,700 Lin. ft. 8" P.V.C. SDR-35, 10'-12' deep in p1. @ 16.00 $27,200.00 240 Lin. ft. 8" P.V.C. SDR-35, 12'-14' deep in pl. @ 18.00 4,320.00 60 Lin. ft. 8" P.V.C. SDR-26, 12'-14' deep in pl. @ 20.00 1,200.00 140 Lin. ft. 8" P.V.C. SDR-26, 14'-16' deep in pl. @ 22.00 3,080.00 140 Lin. ft. 8" P.V.C. SDR-26, 16'-18' deep in p1. @ 24.00 3,360.00 200 Lin. ft. 8" P.V.C. SDR-26, 18'-20' deep in pl. @ 26.00 5,200.00 820 Lin. ft. 8" P.V.C. SDR-26, 20'-22' deep in pl. @ 28.00 22,960.00 11 Each Std 4' diam. MH., 8' deep w/cstg in pl. @ 1,200.00 13,200.00 70 Lin. ft. Manhole depth greater than 8' dp @ 100.00 7,000.00 16 Each 8"x4" PVC, SDR-35 wye branch in pl. @ 50.00 800.00 7 Each 8"x4" PVC, SDR-26 wye branch in pl. @ 60.00 420.00 50 Lin. ft. 8" PVC, schedule 40 riser in pl. @ 15.00 750.00 3,300 Lin. ft. Television inspection of 8" sewer @ 1.00 3,300.00 3,300 Lin. ft. Improved pipe fdn mtl., 6" thick in pl. @ 2.00 6,600.00 80 Lin. ft. Remove and replace driveway culverts @ 10.00 800.00 2 Each Patch existing driveway @ 750.00 1,500.00 Lump Sum Clear& grub trees 1,500.00 1 Each Patch existing street crossing @ 1,000.00 1,000.00 Lump Sum Cross end of existing triple culvert 1,000.00 500 Cu. yd. Core excavation @ 4.50 2,250.00 900 Ton Class 5 gravel base in 1. @ 6.00 5,400.00 g P 5,000 Sq.yd. Sodding of drainage ditch @ 2.50 12,500.00 2.5 Acres Seeding w/mulch anchored in pl. @ 2,400.00 6,000.00 400 Lin. ft. Hay bale diversions in pl. @ 3.00 1,200.00 Estimated Construction Cost $132,540.00 25%Engr.,Fiscal &Admin. 33,160.00 TOTAL SANITARY SEWER $165,700.00 A-1 I • LIFT STATION&FORCE MAIN 1 Each 300 GPM duplex submersible lift sta. in pl. @ 85,000.00 $85,000.00 2 Each 150 GPM impellers for sewage pumps @ 150.00 300.00 2,960 Lin. ft. 6" D.I.P. Class 52, 7-1/2'cover in pl. @ 13.00 38,480.00 100 Lin. ft. 6" D.I.P.jacked in pl. w/steel carrier @ 150.00 15,000.00 545 Lbs. D.I. fittings in pl. @ 1.00 545.00 1 Each Cut-in to existing manhole @ 200.00 200.00 1 Each Patch existing street crossing @ 1,000.00 1,000.00 3.0 Acres Seeding w/mulch anchored in pl. @ 2,400.00 7,200.00 Estimated Construction Cost $147,725.00 25% Engr.,Fiscal &Admin. 36 975.00 TOTAL LIFT STA. &FORCE MAIN $184,700.00 WATER MAIN 2,890 Lin. ft. 12" D.I.P., Class 52, 7 1/2' cover in p1. @ 25.00 $72,250.00 100 Lin. ft. 12" D.I.P.jacked in pl. w/steel carrier @ 160.00 16,000.00 1,140 Lin. ft. 8" D.I.P., Class 52, 7 1/2' cover in pl. @ 17.00 19,380.00 160 Lin. ft. 6" D.I.P., Class 52, 7 1/2' cover in pl. @ 13.00 2,080.00 6 Each 12" gate valve &box in pl. @ 1,000.00 6,000.00 2 Each 8" gate valve &box in pl. @ 600.00 1,200.00 8 Each 6" gate valve &box in pl. @ 400.00 3,200.00 8 Each 5" valve hydrant in pl. @ 1,200.00 9,600.00 5,745 Lbs. D.I. fittings in pl. @ 1.00 5,745.00 1 Each Cut-in to existing 12" plug @ 500.00 500.00 4,200 Lin. ft. Improved pipe fdn mtl., 6" thick in pl. @ 1.00 4,200.00 240 Lin. ft. Remove and replace driveway culverts @ 10.00 2,400.00 6 Each Patch existing driveways @ 500.00 3,000.00 1 Each Patch existing street crossings @ 1,000.00 1,000.00 Lump Sum Cross end of existing triple culvert 1,000.00 5,000 Sq. yd. Sodding of drainage ditch @ 2.50 12,500.00 3.0 Acres Seeding w/mulch anchored in pl. @ 2,400.00 7,200.00 400 Lin. ft. Hay bale diversion in p1. @ 3.00 1,200.00 Estimated Construction Cost $168,455.00 25% Engr., Fiscal &Admin. 42,145.00 TOTAL WATER MAIN $210,600.00 A-2 • • TRUNK STORM SEWER 940 Lin. ft. 42" RCP, Class 2, 0'-10' deep in pl. @ 70.00 $65,800.00 1 Each Std 6' diam. MH w/cstg in pl. @ 2,400.00 2,400.00 2 Each 42" RCP flared end w/trash guard @ 2,500.00 5,000.00 40 Ton Rock rip rap, Class 3 in pl. @ 50.00 2,000.00 1 Each Repair existing street crossing @ 750.00 750.00 940 Lin. ft. Remove existing 18" storm sewer @ 10.00 9,400.00 1 Each 12" diam. orifice plate in pl. @ 250.00 250.00 1.5 Acres Seeding w/mulch anchored in p1. @ 2,400.00 3,600.00 Estimated Construction Cost $89,200.00 25% Engr.,Fiscal &Admin. 22,300.00 TOTAL TRUNK STORM SEWER $111,500.00 TRUNK WATER MAIN 800 Lin. ft. 12" D.I.P., Class 52,7 1/2' cover in pl. @ 25.00 20,000.00 _ 100 Lin. ft. 12" D.I.P.jacked in pl. w/steel carrier @ 160.00 16,000.00 1 Each 12" gate valve &box in pl. @ 1,000.00 1,000.00 590 Lbs D.I. fittings in pl. @ 1.00 590.00 1 Each Cut-in to existing 12" plug @ 500.00 500.00 Estimated Construction Cost $38,090.00 25% Engr.,Fiscal &Admin. 9,510.00 TOTAL TRUNK WATER MAIN $47,600.00 WATER MAIN OVERSIZING 2,090 Lin. ft. 12" D.I.P. in lieu of 8" D.I.P. @ 8.00 $16,720.00 5 Each 12" gate valve in lieu of 8" gate valve @ 400.00 2,000.00 2,095 Lbs. Extra D.I. fittings in pl. @ 1.00 2,095.00 Estimated Construction Cost $20,815.00 25% Engr.,Fiscal &Admin. 5.185.00 TOTAL WATER MAIN OVERSIZING $26,000.00 A-3 • SERVICE LINES 23 Each 6" gate valve &box in pl. @ 400.00 $9,200.00 9,975 Lbs. D.I. fittings in pl. @ 1.00 9,975.00 1,050 Lin. ft 6" D.I.P. water service in pl. @ 15.00 15,750.00 1,510 Lin. ft. 4" PVC, Schedule 40 sewer service in pl. @ 10.00 15,100.00 22 Each Patch existing street crossing @ 500.00 11,000.00 46 Each Install service marker in pl. @ 25.00 1,150.00 Estimated Construction Cost $62,175.00 25% Engr., Fiscal &Admin. 15,525.00 TOTAL SERVICE LINES $77,700.00 STREET IMPROVEMENTS 7,000 Sq. yd. Surface preparation @ 0.20 $1,400.00 2,700 Sq. yd Subgrade preparation @ 0.50 1,350.00 600 Ton Type 31 bituminous base w/AC-1 in 1. @ 25.00 15,000.00 YP P 200 Ton Type 41 bituminous base w/AC-1 in pl. @ 27.00 5,400.00 700 Ton Type 41 bituminous overlay w/AC-1 in pl. @ 30.00 21,000.00 400 Ton Class 2 crushed aggregate for shoulders @ 10.00 4,000.00 550 Gal. Bituminous mtl. for tack coat in pl. @ 1.00 550.00 Estimated Construction Cost $48,700.00 0 25% Engr.,Fiscal &Admin. 122 0 .0 0 TOTAL STREET IMPROVEMENTS $60,900.00 A-4 4- . .-. • \---,----i-4,-/ -----J STATE HIGHWAY 36 2 = KERN CENTER : 1 NO�Z� O3 111) DjN �� .44e7 .,::::,,, ____. 5 ._. - �� PROPOSED.,..... `s°�,�. 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Q0 8 ... , {f • � CITY OF . • OAK PARK HEIGHTS ' 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 • Phone: (612) 439-4439 • FAX 439-0574 MEMO To: Mayor and Council From: Thomas M. Melena Subject: System's Charge for West End Annexation Date: August 24, 1998 During the annexation process there were certain bills that were incurred by the City with the understanding that the people benefiting from the annexation would pay for the services. After everything is said and done, there seems to be some misunderstanding as to what was agreed upon between the parties. As a result, we have $39,000 in outstanding charges that the City has paid and is now carrying. We are looking for a way to recoup these costs from the parties involved. With this in mind, I suggest we put together a System's Charge and have those charges held by the City to be levied against the property owners as they request either development services or annexation/incorporation into the City of Oak Park Heights. To help set up this System's Charge there are some basic assumptions I think we can use which are as follows: 1) Initially, there were approximately 300 acres that were anticipated for annexation; 2) There was a total cost of about $45,000 on all analysis and fees which we thought would be covered by the participants; 3) That would give us a cost of approximately $150 per acre. The Screaton and Smith property appears to be approximately 70 acres and 50 acres respectfully or about 120 acres. If we were to multiply that 120 acres by the $150 per acre, we would have approximately $18,000 with the charges against those properties. We already have a verbal agreement from Mr. Screaton that he would pay the $17,000 that we currently have billed him if he annexes his property to the City. It would further appear that the Nass North property is approximately 20 acres in size; the Buberl property is approximately 40 acres; the other Nass property, to include the Claugherty, the Engle, the Palmquist, and the Bergmann property is approximately 60 acres in size; and last but not least,the undeveloped porperty in the Kern Center appear to be approximately 60 acres in size. Again, based on the $1.50 per square foot, you would see the property we have labeled Nass North would need to pay approximately $3,000, the properties for the Buberl area another Tree City U.S.A. III • • Mayor and Council Page 2 August 24, 1998 $6,000, the other properties in the middle area, that being the Bergmann, Palmquist, Engle, Nass, and Claugherty properties to, pay approximately $9,000, and, last but not least, the Kern Center property at approximately $9,000. If this is totaled up with $17,000 for the Screaton and Smith property, reimbursement would be approximately $44,000. We should first realize that there are certain properties that will probably never be annexed into the City of Oak Park Heights. Very specifically, the Nass "other"properties, that being the Engle, Palmquist, Bergman properties, will probably not ask for annexation or detachment and attachment to the City of Oak Park Heights in the foreseeable future. However, it would appear that a good$35,000 of the fees are recoverable if we can put in some type of a System's Charge. This charge would mean that the City would carry these costs in a fund and as the fees come in and these charges are paid off, it would reduce the fund balance that we would be carrying on this project. This may be an agreeable compromise for all concerned. I believe that Mr. Screaton and his associates would be amenable to knowing that they owe just $17,000. We may even want to make an offer to indicate that if it is paid now, within 30 days, it is $17,000, if not it will be at the rate of$150 per acre. This would increase his costs to $18,000. Additionally, this may be a way to make sure that the rest of the property is fairly charged for the costs for this annexation which, I point out, was not initiated by the City. However, the City indicated that they would support the annexation, but, as we thought we had an agreement, that the people initiating and pushing for the annexation would pay these fees. Again, we are hopeful that this is a compromise solution that is logical and will work for all parties involved. If you have thoughts, questions, or ways to modify this, please feel free to contact me. Thomas M. Melena • Rosene,Anderlik and Associates,Inc.is Ormatry ti•••E C •• rt r I e t BonestrooPrincipals:Otto G.Bonestroo,PE.•Joseph C.Anderlik,PE.•'�°°A i • `1 Richard E.Turner.P.E.•Glenn R.Cook.PE.•Robert G.Schunict?t. Jerry A.Bourdon,RE.• I F Rosene Robert W Rosene,P.E.and Susan M.Eberlin,C.P.A.,Senior Con It C■ j! Associate Principals:Howard A.Sanford.PE.•Keith A.Gordor�,j E'E'• obeS P fe'fferl�. j j Anderlik & Richard W.Foster,PE.•David O.Loskota,PE.•Robert C.Russe A4LI.•.•Mark A.Hanson,P.E. Michael T Rautmann.PE.•Ted K.Field,PE.•Kenneth P Ander5c ri,bC Mark R.Rolfs,PE.• , Associates Sidney P.'Williamson,P.E.,LS.•Robert F.Kotsmith•Agnes M.R rig•hit_tract P Rau,fit. Allan Rick Schmidt,P.E. Engineers & Architects Offices:St.Paul.Rochester.''Willmar and St.Cloud,MN•Milwaukee,WI Websde:www.bonestroo.com August 27, 1998 W.A.T.E. Enterprises 11225 - 50th Street N. Lake Elmo,MN 55082 Re: Kern Center Utility Improvements City of Oak Park Heights Our File No. 55-98-802 Dear Property Owner: As you are aware,the City of Oak Park Heights is proposing to install water main and sanitary sewer facilities in the Kern Center Additions. There are adequate right-of-way and/or permanent easement areas for the utility installations; however,in certain areas the Contractor needs additional area to perform their work. These areas would be used to place excavated material from the trench and afterwards would be restore to the original condition. The attached drawing shows the area of the temporary construction easement. If this is acceptable to you,please sign the extra copy of this letter and mail or deliver to the City Hall by Friday, September 4, 1998. Please contact me at 604-4846 if you have any questions. Thank you for your cooperation. Very truly yours, BONESTROO, ROSENE,ANDERLIK AND ASSOCIATES,INC. Ch. 4. Charles A. Erickson cc: Mark Vierling Thomas Melena Property Owner Date 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 • Bonestroo,Rosene,Anderlik and Associates,Inc.isIL.. e Action,'Equal Opportunity Employer JABonestroo Principals:Otto C.Bonestroo.PE.• Joseph C.Anderlik,PE. ��� v �r I. l-� r. Richard E.Turner,?E.• Glenn R.Cook,PE.•Robert G.Sch iV.P� y , •ufd RoseneRobert W.Rosene. C.P.A..and Susan M.Eberlin.C. A..Senior• z 'tits ILf7� 1 \\ Anderlik & Associate Principals:Howard A.Sanford,RE.•Keith A.G. .• , •E •Robert R.Pfefferle,PE Richard W.Foster.PE.•David O.Loskota,P,E.•Robert C. s-k A.I.r'Q� rk A.Hanson,PE.• ) Michael T.Rautmann,PE.• Ted K.Field,P.E.•Kenneth P.A . ,PE. rk� 8 Roffs.f { Associates Sidney P Williamson,PE.,LS.•Robert F.Kotsmith•Agne• :i • Michael P.Rau,RE • t Allan Rick Schmidt,P.E. Engineers & Architects Offices:St Paul.Rochester,Willmar and St Cloud,MN•Milwaukee.`,11! Website.www.bonestroo.com ... ---_.--- • August 31, 1998 Mr. Robert L. Brackey 1336 Jackson Street St. Paul, MN 55117 Re: Kern Center Utility Improvements City of Oak Park Heights Our File No. 55-98-802 Dear Property Owner: As you are aware,the City of Oak Park Heights is proposing to install water main and sanitary sewer facilities in the Kern Center Additions. There are adequate right-of-way and/or permanent easement areas for the utili ty i nstall at ions;however, in certain areas the Contractor needs additional area to perform their work. These areas would be used to place excavated material from the trench and afterwards would be restore to the original condition. The attached drawing shows the area of the temporary construction easement. If this is to acceptable p you,please sign the extra copy of this letter and mail or deliver to the City Hall by Friday, September 4, 1998. Please contact me at 604-4846 if you have any questions. Thank you for your cooperation. Very truly yours, BONESTROO,ROSENE,ANDERLIK AND ASSOCIATES,INC. Ag4 A , Charles A. Erickson cc: Mark Vierling Thomas Melena Property Owner Date 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 Tuesday, October 6, 1998 RIE © fEDWIE OCT - a101a Honorable Mayor and City Council City of Oak Park Heights 14168 N 57th St. Oak Park Heights,Mn.55082-2007 Dear Mayor and Council Members In 1990 we purchased land in the Kern Center from Violet Kern. This land was then part of Baytown Township. The intended use for the property was an Automobile Dealership or some similar retail business. At the time of purchase we were assured, as this was zoned and taxed as commercial, these uses would be permitted. Now that the land has been annexed to Oak Park Heights, an annexation we supported, we find Oak Park Heights plans to change the zoning to B/W. This would be more restrictive and would prohibit the original intended, retail business type, use of this property. This property is adjacent to several retail businesses, Stillwater Motors,Buberl Landscaping and Century Power. Certainly the retail type use of the property in Kern Center would be consistent with what is now there. We feel we should have the opportunity to discuss this change and to voice our concerns with the council before any official action is taken. We thank you for considering this request. Sincerely Donald A. Shoemaker Caly • J.Brookman / / ►� 4(_°f N RTHWEST ASSOCIA•D CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: 7 October 1998 RE: Oak Park Heights - Kern Center Rezoning FILE NO: 798.04 - 98.19 Jim Butler and I are in the process of meeting with building owners in Kern Center and evaluating the zoning and building code issues. As of Wednesday, 7 October, we had met with five of the seven owners and have appointments with the other two the week of October 12th. The meetings have been going extremely well, and the owners are very appreciative of our time and concern for their issues and plans for expansion. Overall, the Kern Center is a quality office/warehousing development and there will be few major zoning and code issues. It is our plan to issue summary reports for each of the seven developments in the area. If all meetings are completed as planned and we receive all the site plans from the Township next week, our intention is to complete our review by 16 October. If you have any questions or comments on this matter, please do not hesitate to contact Jim or me. pc: Jim Butler 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 612 - 595 - 9636 FAX 61 2 - 595 - 9837 E-MAIL NAC @WINTERNET.COM FROM : PHONE NO. : 4302480 Oct. 16 1998 12:44PM P1 October 15, 1998 Mayor Schaff and City Council City of Oak Park Heights 14168 N. 57th St . Oak Park Heights, MN 55082 Dear Mayor and Oak Park Heights Council Members : I have recently been made aware of the planned rezoning of land in the annexed Kern Center. I am the owner of Lot 2, Block 1, Second Addition and also Lot 5, Block 1, Second Addition. Although I have received my tax statements, I have not received notice of public meetings . I am not attempting to fault the city system of sending notice, I am only asking that the Planning Commission hears my concern about the future use and zoning of my property. The property was purchased with the intended use as possible retail property, which seemed reasonable since the other properties fronting or entering on Highway 5, Stillwater Motors, Century Power, Zanadeu Miniature Golf and across the street, Rainbow, SuperAmerica and all the rest are certainly retail in nature. Zoning the Kern Center property as warehouse property seems like spot zoning considering the surrounding uses. I have strongly supported the annexation from the beginning. Prior to annexation I discussed the property use as retail at city council meetings as well as with the city administrator and then there was no conversation that would restrict retail use. I hope that the council would consider my past interest as a sign of my future support in their wish to develop the Kern Center property to its best potential . Sincerely, John Low Oak Park, LLC JAN-08-1999 12 02 NAC 612 595 9837 P.02/09 NCI THWEST ASSOCIATE •CONSULTANTS N INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: 8 January 1999 RE: Oak Park Heights - B-3 District/Kern Center Rezoning FILE NO: 798.04 - 98.19 Please be advised that the Planning Commission, at their 7 January 1999 meeting, considered the establishment of a B-3, Highway Business and Warehousing District and the rezoning of the Kern Center to that district. The Commission, with one member absent, was not able to recommend the B-3 or the rezoning to the Council, in that they could not achieve four of four votes required by Ordinance. A motion to approve the B-3, as staff had proposed, was voted upon with three of the members voting affirmatively, but without four votes, the motion was not valid. A copy of the B-3 District summary and the ordinance to adopt the B-3 District, as considered by the Planning Commission is attached. The Planning Commission voted unanimously to send this issue to the City Council without a recommendation. Please note that the Planning Commission voted unanimously to recommend the B-W, Business Warehousing District at their 3 September 1998 meeting. The City Council was made aware of this recommendation, but asked the Planning Commission to work with staff and the property owners to find an acceptable alternative. A copy of the B-W, Business Warehousing District is found as attached. This matter should be placed on an upcoming City Council agenda for consideration. The City Council should review the 29 December 1998 planning report related to the issue as attached. pc: Kris Danielson 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 61 2 - 595- 9636 FAX 612 -595 -9837 E-MAIL NAC @WINTERNET.COM JAN-08-1999 10:20 NAC 612 595 9837 P.04 NORTHWEST ASSOCIAD CONSULTANTS N INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: 29 December 1998 RE: Oak Park Heights - Kern Center- Rezoning FILE NO: 798.04 - 98.19 As you are aware, the Planning Commission, at their 10 December 1998 meeting, voted to table the Kern Center rezoning issue to the 7 January 1999 meeting. The time extension was allowed so that staff could review the proposed B-3, Highway Business and Warehousing District with the City Attorney for his input and to consider any comments of the business and property owners in the area. Staff has met with the City Attorney and recommends the following: 1. The Planning Commission recommend the draft 8-3, Highway Business and Warehouse District be adopted, as attached. The draft B-3 District (indicated as: Draft- December 29 1998) has been changed only slightly since the December 10 meeting. The wording under B-3 Permitted Uses - number 14 on page 300-1 has been changed to reflect the agreement made with the owners of property in the Kern Center. Pursuant to recommendation of the City Attorney, the Day Treatment, Continuing Education Programs and Day Care Facilities should be left as conditional uses and not allowed as permitted. The conditions for the Day Treatment and Continuing Education programs have been amended to remove the payment in lieu of taxes condition and to add a general condition regarding provision of services. 2. The Planning Commission recommend approval of the rezoning of the Kern Center from 0, Open space Conservation District to B-3, Highway Business and Warehousing District. 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2 -595 -9636 FAX 6 1 2 . 595 - 9837 E-MAIL NAC@ WINTERNET.COM JAN-08-1999 10:21 NAC 612 595 983? P.05 • • 3. The Planning Commission, as part of their recommendation regarding the addition of a B-3 District, make the necessary changes to the ordinance to add the district language and revise all necessary ordinance sections. As part of this recommendation, the Planning Commission should recommend removal of Section 401.15.A.14 regarding annexation areas (see attached). This section was added to address previous annexation areas. It is the opinion of the City Attorney that this section is no longer needed and is not applicable to the Kern Center area. In terms of grandfathering existing buildings, uses and other site improvements, the City would rely on its current language found in Section 401.15.A under Non-Conforming Buildings, Structures, Uses and Lots. The City Attorney has recommended that we treat the owners in Kern Center no differently than any business owners in the City. No guarantees will be made to Kern Center owners that improvements to their site would trigger the need to make the site in total conformance. When building permits are requested in the City, the Building Official, in consultation with other City staff, makes a decision if other nonconformities need to be brought into conformance. The owners of property in the Kern Center have expressed support for the B-3 District as attached here. Staff is aware that not all of the building owners are in,support of the draft, primarily because of the permitted use/conditional use allowances for some of the allowable uses. Staff feels that this draft goes as far as possible to provide adequate protection for the City while giving property and business owners flexibility in development and use of their property. For that reason, we do not support any further changes to this draft that provide additional allowances or flexibility. pc: Kris Danielson JAN-08-1999 10:21 NAC 612 595 9837 P.06 • DRAFT -JANUARY 8, 1999 OAK PARK HEIGHTS B-3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT B-3 Permitted Uses 1. Commercial printing establishments 2. Commercial/professional offices 3. Conference centers 4. Laboratories 5. Wholesale showrooms 6. Motels/hotels -without restaurants or cafes 7. Banks, savings institutions, credit unions and other financial institutions -without drive-in facilities 8. Clinics -for people only 9. Indoor commercial recreation not including theatres 10. Essential services 11. Government and public utility buildings and structures 12. Mortuaries or funeral homes 13. Physical fitness, health service establishments or reducing salons *14. Retail sales. Freestanding, single user retail or service buildings shall be allowed. Multi tenant retail or service building shall be allowed, with a maximum of three tenants, and each tenant floor area shall not be less than 3,500 square feet *15. Commercial service uses. Freestanding, single user commercial service buildings shall be allowed. Multi tenant commercial service buildings shall be allowed, with a maximum of three tenants, and each tenant's floor area shall not be less than 3,500 square feet *16. Cellular telephone antennas located on a public structure, as regulated in Section 401.15.P of this Ordinance B-3 Interim Uses 1. None B-3 Accessory Uses 1. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use. 2. Off-street parking as regulated by Section 401.15.F of this Ordinance. 3. Off-street loading as regulated by Section 401.15.F of this Ordinance. *New allowable uses since the November 18, 1998 draft. JAN-08-1999 10:21 NAC 612 595 9837 P.07 I 4. Radio and television receiving antennas including single satellite li te dish TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 5. Semi-truck parking. *6. Warehouse facilities as an accessory to a permitted or conditional use. B-3 Conditional Uses 1. Drive throughs for banks, savings institutions, credit unions and other financial institutions provided that: 2. Restaurants within or freestanding as part of a conference center, motel or hotel provided that: 3. Open and outdoor storage including the parking of commercial vehicles in excess of that allowed as a permitted accessory use provided that: 4. Open and outdoor services, sale and rental as a principal or accessory use including new or used automotive, trucks, boats, or motorized recreational vehicle and related accessory sales and service provided that: *5. Multi-tenant auto service centers that may include freestanding or attached motor fuel stations, car washes and oil change facilities as a coordinated development plan provided that: 6. Mini-storage facilities provided that: 7. Landscape sales and material storage provided that: 8. Commercial PUD as regulated by Section 401.06 of this Ordinance provided that: 9. Cellular telephone antennas not located on a public structure provided that: 10. Manufacturing, compounding, assembly, packaging, treatment or storage of products and materials provided that: 11. Animal clinics provided that: *12. Distribution centers provided that: *13. Day treatment, human services and counseling programs provided that: *14. Continuing education programs, business, commercial, and trade schools provided that: *15. Day care - group nursery provided that: * 16. Outdoor recreation provided that: *New allowable uses since the November 18, 1998 draft. JAN-08-1999 10:21 NAC 612 595 9837 P.08 DRAFT - DRAFT - DRAFT CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 99- AN ORDINANCE ADDING SECTION 401.300 TO ALLOW A B-3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT ZONE AND AMENDING VARIOUS SECTIONS OF THE ORDINANCE TO INCLUDE HIGHWAY BUSINESS AND WAREHOUSING DISTRICT USES. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS ORDAINS: Section 1. Section 401.300, B-3 Highway Business and Warehousing District, is hereby added with the following stipulations: 401.300.A. ' . , • .. = •- • • • - • II - .=-3 H'.hwa Business and Warehousin• District is to provide for the establishment of retail and wholesale sales, storage. warehous.I a - • „ -. - I . .., . '.• - �• •.o•ucti•n. The overall character of the B-3 District is intended to be transitional in nature, thus uses allowed within this district shall ipe limited to those which can compatibly exist adjacent to commercial and lower intensity activities. 401.300.B. • - - • - - the followin• are •ermitted uses in a B-3 District: 1. Commercial printing establishments. 2. Commercial/professional offices. 3. Conference centers. 4.,. Laboratories. 5 Wholesale showrooms. 6. Motels/hotels without restaurants or cafes._ L Banks. saving institutions. credit unions and other financial institutions without drive in facilities. 8. Clinics for people only. 9 Indoor commercial recreation not including theatres. JAN-08-1999 10:22 NAC 612 595 9837 P.09 • • 10. Essential services. 11. Government andpublic utility buildings and structures. 12. Mortuaries or funeral homes. 13. Physical fitness.health service establishments or reducing salons. 14. Retail sales. Freestandin• s"i•l- se e -", o . -.. _- • •'s! . i- •' - • Multi tenant retail or service buildin• shall be allowed with a maximum of th ee tenants. and each tenant floor area shall not be less than 3.500 square feet, 15. Commercial service uses. Freestanding. single user commercial service buildings shall be allowed. Multi-tenant gpmmercial_,service buildings shall be allowed. with a maximum of three tenants, and each tenant's floor area shall not be less than 3.500 square feet. 16. ellular tele•hone antennas located on a •ublic structure as re_ulated i echo. 401.15.P of this Ordinance. 401.300.0, Interim Uses. The following ace interim uses in a B-3 District: None. 401.300.D. Accessory Uses. The followina are permitted accessory uses in a B-3 District. 1. Commercial or business buildin•s and structures for a use - •• • le principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use. 2. Off-street •arkin• as re•ulated b ectio • • • i" • ••I-• Off-street loading as reaulated by Section 401.15.F of this Ordinance. 4, Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter. short-wave radio dispatching antennas. or those necess-ry for the operation of household electronic equipment including radio receivers. federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 5. Semi-truck parking. 2 JAN-08-1999 10:22 NAC 612 595 9837 P. 10 • S 5,, Warehouse facilities as an -cc- . . • . o a •ermitted or col• "• •- use. 401.300.E. Conditional Uses. The following are conditional uses in a B-3 District : - • .. es a conditional use •ermit b_ - • son •ro -dures set foil.• " and re•ulated b Section 401.03 of this Ordinance): 1. --throw*his for banks s- "•• '• _lions credit unio s -II! • • - ancial institutions provided that: The architectural appearance scale constr and funuction . materials ctional plan of the building and site shall not be dissimilar to the existing nearby con i•- cial and residential buil•'•• -nd shall not cause im• 11: 1 "•, • • •ert value or constitute - • "•htin• influence within a re=s••-ble distance of the site. b. Vehicular access points shall be limited and create a minimum of conflict with through traffic movements. c. Service windows shall be allowed if the following additional criteria are satisfied: 1. • - •- one hundred ei•ht 80 - - of se•re•ated automobile stacking lane(s) must be provided for the service window. 2. The stacking area and its access must be designed to control traffic in a man e • • • ect the •edestrians buildi•• -.18 - -n area on the site. Noi art of the public street or boulevard may be used for stacking of automobiles. 4. The stacking lane, service intercom. and service window shall be desi•ned and loca e• '• , a manner as to minimize au oil••" = and communicatio ••'ses emissions and headli• t • - - u•on adjacent premises. and to maximize maneuverability of vebicles on the site. Le - • noise li•ht and air •ualit s•- • ur and be measured at property lines and shall satisfy established state regulations Hours of operation shall be limitecL as necessary to minimize the effect of nuis- • - - ors such as traffic noise and • - - . •• an neighboring uses. 3 JAN-08-1999 10:22 NAC 612 595 983? P. 11 • • 6. The • • 's'ons of ectio• - '1 03.A.7 of this a •' ance are considered and satisfactorily met. d. Adequate analysis and provisions are made to resolve issues related to. • - and for services •. • e shall be allowe• • will exceed the it ' abi • • •rovide utilit .0 ' .- fire administra • - or other services to • - site. 2. Restaurants within or freestanding as part of a conference center, motel or hotel development provided that: ai The use obtains all local, state and federal food and beverage handling licenses and/or permits._ b. There shall be no excessjye noise or odors emitted from the use. c. There shall be no outdoor storage and/or display. d. The hours of operation shall be limited as necessary to minimize the effect of nuisance - ors such as traffic ••' ,e and •fare uson an •-'•••orin• uses. e. Parki•• -.I* •adin• areas are in co. • si-nce with the •arkin• -•• •-din• reauirements outlined in Section 401.15.F of this Ordinance. f. The •'.• •-ces shall not be loca =• , ' .'IL the front and of a lot. g= :• - •uate anal sis and •ro ' '.. ,e made to resolve iss - elated 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 h. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. O•en and outdoor • -• - includin• the •ar '. • • •u u -rcial vehicles in excess of that allowed as a permitted accessory use provided that: a. The stora•e - - . is landsca•ed fe c- • -nd screened from vie • nei•hbor Si! es and abuttin. reside. '- •' icts. b. torn•e is la • .-•-• and screened from v'e. •11 he •ublic ri ht-of wa . 4 JAN-08-1999 10:22 NAC 612 595 9837 P. 12 . . c. Storage area is blacktopped or concrete surfaced, d. All lighting shall be hooded and so directed that the light source shall not be visible from t e • •lic ri•ht-of-wa or from ne'• i • n• •ro•erties. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed tttat will exceed the City's ability to provide utility. police, fire. administrative or other services to the site. provisions rovisions of Section 401.03.A.7 of this Ordinance are considered and 9.. satisfactorily met.. 4 Open and outdoor services. sale and rental as a principal or accessory use including new or used automotive, trucks. boats. or motorized recreational vehicle and related accessory sales and service provided that: a. Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or an abutting residential district. b. All li•htin. s•- •- ••••-• -nd so directed that t e '• • • ce shall not be visible from the public right-of-way or from neighboring residences. P.. Areas are asphalt or concrete surfaced._ d. 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. e. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 5. Multi-tenant auto service centers that may include freestanding or attached motor fuel stations car washes - • •. .an•e facilities as a coor•••_ - • •.evelo•ment plan provided that: a. ► • • .ildin• or structure •erma .1 • -1 ••ra drivewa surfaces •- . •• - - dvertisin• devices o • 1 -r similar site im•roveue• - ce•t driveways traversing a public road boulevard. shall be located within one 5 JAN-08-1999 10:23 NAC 612 595 9837 P.13 • S hundred ten_(11 Q) feet of any part of a residential district. b. Sites for such facilities shall have not less than one hundred twenty-five 025)feet of frontage on the side or sides of the site to or from which access or egress at two or more locations is possible andtot less than one hundred twenty (120) feet of frontage if there is only one point of access. The total site area shall be •• - than twent thousand 0 ••• •uare feet. c. Hydraulic hoists or pits and all lubrication, creasing. washing. repair or dia•nostic eau'•i,-nt shall be used totall e, • ed within a bui din•. d. F- • - •1 a site conti•uous to an = ••= ;•strict shall not be o•erated between the hours of 11:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. e. Facilities ma • i - u•nor auto repairs but the s,. •• offer ma•or auto repairs. the sale or storage of junked cars. or automobile wrecking. f. The - , ectural a• •earance and .• - • a of the buildin• and site shall not be so dissimilar to the existing buildings or areas to cause im•airment in •ro•em_ - • constitute a bli•htin• influence ,•, - reasonable distance of the lot. g The entire site of e • -, ,-t taken u• b - buildin• st - • • -, .es shall be surfaced with a material to control dust and drainage which is subject to the approval of the City. 12,. drainage s stem subject tot e -•• • - of the Cit shall be installed. I. Park',• • - u-•azine storage s•ace shall be s - - , - • from view of abutting residential districts in compliance with Section 401.15.E, Vehicular access points shall create a minimum of conflict with through traffic YYI IIVMIM, MV �^ ovement shall coma! with -n ••, '01.15.F. of this Ordinance - • s,- be subject to the approval of the Citytngineer. .11111 -re made to control and re• - • •' - 'n accordance with the Section 401.15.8.11 of this Ordinance. No outside stora s a shall .= - • , - • - ce•t as allowed in com•liance w' • Section 401.15.B.14.. 6 JAN-08-1999 10:23 NAC 612 595 9837 P.14 • S in, The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right- of-way and shall be in compliance with Section 401..15.B.7 of this Ordinance.. n_ Wherever fuel pumps are to be installed. pump islands shall be installed.. o. All signina and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. o Adequate analysis andprovisions 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. g- The provisions of Section 401.03.A,7 of this Ordinance are considered and satisfactorily met, 6. Mini-storage facilities provided that: a_ , -ast twent 20 •ercent o •- to is o•en •reen s.ac- ..ch is sodded and landscaped in accordance with aplan approved by the City Council. b. Building coverage shall not exceed sixty (60) percent of the lot area. g, Parking. loadipa. driveway and fire lane design shall be subject to review and approval of the City Staff and Fire Marshal. d. Adequate space is provided for snow storage. e. Fire hydrant location shall be subject to review and approval of the Fire Marshal. f. All drivew- s -.• •arkin• areas are to be •- • • - _. to• or concrete surfaced and ade• . - urnin• radius for fire t . u-neuverabilit is to be maintained t • •.. . se site. Desi•nated sno , • - e s•ace is to be provided to insure adequate and safe access during winter months. g_ If an"on-premises" caretaker dwelling unit is provided on site. constructions of said dwelling unit shall conform to all design standard regulations for dwellin• units o a- Minnesota State Buildis• ••e and the Oak Park Hei• . s 1.11t and Buildin• ode. Ts •ccu•anc and minimum interior -•• loor area standards shall •e •• • led b Sections 401.15. o .'s 7 JAN-08-1999 10:23 NAC 612 595 9837 P.15 • Ordinance. Off-street parking shall be made available for said dwelling unit in conformance with Section 401.15.F. b. I structures havin• ex•os - • -• -•'a -nt residential use o • . • 'c ri•ht- of-way, park. or similar public use areas shall be of brick, rock face block. natural stone. wood. or stucco facing material. I ► • -tailin• wholesalin. Li-• - 'n• re•air or other s .41 i other than storage is to occur within the self storage. mini-warehousing facility.. 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. administratiye or other services to the site. k, The provisions of Section 401.03.A.7 of this Ordinance are considered and. satisfactorily met_ L Landscape sales an material storage provided than a. There are no growing fields on the site b. •utdoo - - dis•la area shall be lim'te• • • , 30 •ercent of the •ross lot area and be in conformance with the performance standards of Section 401.15.B.14 of this Ordinance., c. Adequate analysis and provisions are made to resolve issues related to dema,• • ervices. No use shall be - • - • sat will exceed the it 's • to •rovide utilit •olice fire ,• d.'." t ative or other services to the d. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 8. Commercial P D as re•ula ea ■ ection 401.06 of this •rdina. - 9. Cellular telephone antennas not located on a public structure provided that: a. The •rovisions • - •n 401.03.A.7 and ectio 41 ' o t i Ordinance are considered and satisfactorily met.. 10 ►l.-•, facturin• com•oundin• assail • •acka•in• treatment or stora•e o products and materials as accessory use provided that: 8 JAN-08-1999 10:24 NAC 612 595 9837 P.16 • ! a. The proposed use complies with the performance standards outlined in Section 401.15.8 and II other applicable provisions of this Ordinance., 12,. All manufacturing and assembly operations shall be enclosed within a building. c. Ade.u- - -,nal sis and •rovis'•,s are made to re • - issues related to demand for services. No use shall be allowed that will exceed the City's, •' ' to •rovide utilit •• ' - fire administrat' - • •.., er services to the site. d. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met._ 11, Animal clinics provided that:. a. There shall be no outdoor animal pens or runs.. he •rovisions of Mil•- • a Pollution ontrol • - c Re•ulations W 53 are complied with. c. All other a•• ' . - ate and local re•ula 'o• •-.,ainin• to nuisance he- , and safety conditions, etc. are complied with. d. • :. . -.e anal sis and •rov's'. . - - ade to resolve issues - - - • o • - - d for services. No use tall be allowed that wi I e. -ed the Cit s ability to provide utility. Police, fire, administrative or other services to the site. a The provisions of Section 401.03.A_8 of this Ordinance are considered and satisfactorily met.. 12. Distribution centers provided that: a. The sto „se areas and loadin• doc. e landsca•ed fenced - •• - - ed from view of neighboring uses an abutting residential districts, b. The drive - (rase areas and load'•• •ocks are blackto. •ed o concrete surfaced. c. All lighting shall be hooded and so directed that the light source shall not be vis'. - rom the •ublic ri•ht-o -, = or from nei•hborin• • o.=•'- . 9 JAN-08-1999 10:24 NAC 612 595 9837 P.17 S • d. A drainage system subject to the approval of the City shall be installed.. e. Vehicular access points shall create alninimum of conflict through traffic movement. f. Provisions are made to contrgl and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. - • o•osed use com•lies with the •erformance s -I• - • • .1 - • Section 401.15.B and all other provisions of this Ordinance. h. 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 •' 't to •rovide utilit •olice fire administrative o o .e s- . ' - • I - site. ti I_ The •rovisions of ectio� 1 a _. of this Ordinance are sa sfa ctoril met. 13_ Day treatment, human services and counseling programs provided that: a. Provisions are made to ensure compatijpiltty with surrounding uses. b. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. c. Ade•uate off-st ee •-i,'a• • • •-• i corn•liance with Section 401.15.F of this Ordinance. d. Adequate areas are provided for loading and unloading of vans, buses or other mass transit vehicles. Adeauate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that.rill exceed the City's. ability to provide utility, police. fire, administrative or other services to the site. f. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 14. Continuing education programs. business, commercial and trade schools provided that: a Provisions are made to ensure compatibility with surrounding uses. 10 JAN-08-1999 10:24 NAC 612 595 9837 P.18 • • b. All State laws and st_ _ •.vernin• such use are strict) a.ie =• • ,nd all required operating permits are secured. Q. Adequate off-street parking is provided in compliance with Section 401.15_F of this Ordinance. Adequate areas are provided for loading and unloading of vans, buses or other mass transit vehicles. e. Adequate analysis and provisions are made to resolve issues related to sell -• • • ervices. No use shall be allows• .- , • - ceed the Cit s ability to provide utility. police, fire. administrative or other services to the site. f. The provisions of Section 401.03.A_7 of this Ordinance are considered and satisfactorily met, 15, pay care - group nursery provided that: a Provisions are made to ensure compatibility with surrounding uses. b. Adequate area is provided within the plan for outdoor play areas. Q. All fire codes as applicable are complied with d. • a••licable state and local re•ulatio s •-i_'m' • to child care facilities are complied with. Adequate areas are provided for child drop-off. f. Ade.uate anal sis ai• • • • ions are made to resolve issues r- - -• • demaI • • -rvices. No use shall be allows. - • e ceed the Cit 's ability to provide utility. police. fire. administrative or other services to the site. g; �gprovisions of Section 401 03 A 8 of this Ordinance are considered and satisfactorily met._ 1.5„. Outdoor recreation provided that: a. ' • • •• es are made to ensure corn•atibili ► • . • ndin• uses. 11 JAN-08-1999 10:24 NAC 612 595 9837 P.19 S b. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic. noise and glare upon any neighboring uses. c. There shall be no excessive noise or odors emitted from the use. Applicant shall provide supporting data to ensure compatibility with this condition, d. • •••r recreational uses Si - I be set back at le- t fift 50 feet from all adjacent residential uses or districts. e. e use is ade•ua e _.dsca•ed fenced - .• eened from view of neighboring uses and abutting residential districts and uses. fr 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, g, Adequate analysis and provisions are made to resolve issues related to de _ • or services. No use .- se allowed that will exce- • 1 - it 's ability to provide utility. police. fire, administrative or other services to the The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 401.300.F. Access. t Acces • 'i•ustrial develosmen Si - • - - ,o ed onl on arterial o • -44 • streets. or a street specifically designed for such development. 2, Curb cut widths and • - 'ons shall com•I with A - • ovisions of Section 401.15.F.4.H.8 3. Industrial developments of a small scale shall be encouraged to develop a common access drive and parking facilities. Incentives, such as reduction in setback and/or •arkin• re•uiremen u- be •rovided at the disc - on of the Cit Council. 4. A turnip. la.- -.i• its a••ro•riate ri•ht-of- = n •e •rovided if the it o .1 determines that one is needed. 12 JAN-08-1999 10:25 NAC 612 595 9837 P.20 40 410 401.300.G. Lot Coverage. limit less than twenty (20) percent of the buildable portion of the lot, parcel or tract of land shall remain as a grass plot including fencing and landscaping with shrubbery and plantings. A lesser area may be devoted to a grass plot only via a conditional use permit.provided that: 1. An allowance .is made for increased amenities. landscaping or quality of construction as determined by the City Council. a, In no case shall less than ten (10) percent of the buildableportion of the lot. parcel or tract of land remain as - grass plot. 3 The provisions of Section 401.03 of the Ordinance are considered and satisfactorily met. 401.300.H Buildin• T •e an• • struction. All b • ••i• 11 , erials and construe '• must be in conformance with Section 401.15.C_8 of this Ordinance and the Design Guidelines. 401.300.1 Parkin.. Detaile• • _ •tans in accord-. ,- , i Section 401.15.F a Ordinance and the -•• '• al re•uirements o . - s-ction listed below sa . be submitted for City review and approved before a building permit may be obtained.. 1. The •arkin• - - - gall be set back a mi,•u .. u • ten 10 feet from - a • ••ert line_ 2. a- •: ins lot in front of t._ • .' •"a• s all be screened on a - • . • is ri.ht-of-wa and fro i -_••• •ro•ert in co • nance with the •rovis'•. of Section 401.15.E. of this Ordinance. 3. All •- .i • areas and drive , - s shall be surface• , • as•halt concrete cobblestone or paving brick. 4. Pe • - e curbin• shall be =• .' -d around entire •- .•1• ots no closer than ea (10)feet from any lot line, 5. An li•htin• ed to illuminate an of-. eet •arkin• area s.- • - ooded and so arran•ed as to ref e i•ht awa from ad'o's' • •ro•ert abutti • -s'dential uses and public rights-of-way. 13 JAN-08-1999 10:25 NAC 612 595 9837 P.21 6. Grass •lantin•s •r - -.i • shall be •rovided i - --. •orderin• the •arkin• lot. The sc e=a'.• .- • - t ictl ve•etation earth be it •• • a combination of the two. 7. The scr- - .•s• shall occur at a minimu„ - •.� the outermost medians of the • -.. in• area at ever second ea', in the lot and at the arias • - - parking row. 8. The medians shall not exceed three (3)feet in height. nor be at a slope greater than twenty (20) percent - 4401.31,J, • �. n An structure erects• o - - • or a use which re•uires the cei•t or distribution of materials o u - • dise b trucks or similar veil' - •- • • i.e off-street loadin• s•ace in co. • u-. - with the •rovisions of action 401.15 of this Ordinance and the following_a ditional requirements: 1. i • - -• - • • i-street loadin• •lan includin. • -. . . area and access shall be submitted to the it for re '= , ..• -•f royal •rior to issuance of a buildin• • - u 2, The location of the lo- •'.• - -- .-. not be in the front of the buildin•. 3. All areas 'ate.•-•. ,• •e used for loadin• includin• access sa be surfaced with bituminous or concrete, All loadin• areas shall be screened f •u • .,.•.•,•• areas b means of ve•etative plantings. berming. and/or a screening fence specified as follows: a. A vegetative planting strip or grouping shall consist of evergreen trees a• • •,-c'duou trees and •lants and sha • - • 'e t width and density to provide an effective visual screen. Thjslanting area shall be •- • .-d to •rovide com•lete visual scree i • o - 1.•ni urn height of six 6 feet Earth mounding or berms may be used but shall not be used to achieve more than three - -t of the required screen. The •lantin• • -. • • - • • antin•s shall re•uire the a••rova o . - • • . .cil. b. A re•aired screenin. e. .- , be constructed of mason brick or woad. Such fence shall provide a solid screening effect eight (8)feet in height, The design and materals used in constructing a required screening fence shall be s_•'- • •- -.•• • . -1 of the Cit Council. Fences in e_cess o -'•. feet in hei•ht shall re•uire a•'royal o .- •.' • Administrator and Buildin• Official. 14 JAN-08-1999 10:25 NAC 612 595 9837 P.22 • 401.31.x. Trash Receptacles. All buildings in which exterior storage. trash storage., and/o •.-ndlin• is •rovide• 1,11 •rovide an el • -• trash rece•tacle - - - conformance with the following:. 1, gxterior wall treatment shalL be similar and/or complement the principal building. 2, The enclosed tr-s. ece•tacle area sha •e located in the re- • 'de ard. 3. The -s• e closure must be al - essible location fo •' .• .aulin. vehicles. 4. The trash enclosure must be fully screened from view of adjacent properties.. 5. Constr c '•s • the trash rece•t_c - -• losure is sub'ect to :•• • al of the Cit Building Official. 401.311. creenin• •- creenin• of outdoo • -•e areas heatin./ai •s•• 'onin• units = t/ an e•ui•ment tr-s• - - • acles roofto• e• - dotherdeterrent eless- is shall be screened •s all surroundin• - =- b means of 'lentil• •= • 'n• and/or a screenin• =1 - other means deters'''•-• a••ro•riate b the • Buildin. Official. The planting and Berming specifications listed in Section 401.15.E. of this Ordinance are also applicable in this case. however. the height of the screening fence need o •- of sufficient hei•ht to con • - el and safe) conce- • - deterrent element. 401.31.M. Landscaping. A detailed landscaping plan in conformance with Section . of this Ordinance shall • - . • 'tted to the i ou• - d a. •rove• before a building permit may be obtained and shall be in conformance with the following requirements. 1. The regulations and requirements set forth in the zoning and subdivision regulations shall apply to all vegetative treatments within the study area relative to the quality, sizes. and specifications of plant materials. 2. All landscape and vegetative treatments shall be in conformance with the overall. site plan. It is the responsibility of the property owner to meet and maintain this requirement.. 3, Uni•ue land features • - ••o•ra•h ve.etation - - ds draina.ewa s shat •- preserved and/or addressed to achieve the mot positive functional and aesthetic results. Eve el • ould be made to •rase. - features of the land to c - . - passive open spaces. 15 JAN-08-1999 10 26 NAC 612 595 9837 P.23 • • 401.31.N. Sianaae.A comprehensive sign plan must be submitted in conformance with Section 401.15.0_ of the Sign Ordinance. In addition to the provisions and regulations set forth within the City Sign Ordinance. the following criteria must be met: 1. A e- •es ' _< '•1 Is •l- 1 si•n. Sian area ma not exceed seve. - - s•uare feet wig - u-,,i urn hei•ht of tweet 20 feet for freestand'i,• s . i s 2. Single or Double Occupancy Business Signs. The total sign area for the subject property may not exceed fifteen (15J percent of the total front building facade. exce•t so ti •. -1• •- •es ma be ounted on a corner lot. i•ns coos- 1 to co • 's- ,i - •tal sign area shall be consistent with t e o • , 'I• • •v'sions: a. Freestandi • ► • II• - than one 1 si•n. Si•n area ma note cee• 50 s•uare feet w' . - .i-.'mu .m hei•ht of tweet 20 feet. b. Wall. Canopy or Marquee. Not more than one (1) wall, canopy or marquee si•n •er b ' •'•• • • -ver on corner lots two 2 such si•ns a e - o e• o - •- eet fronts•e. Individual si•n area ma o -.teed sixt -four 64 square feet. Section 2. Section 401.06.B.14.a.5., Non Residential Project Standards for Planned Unit Developments, is hereby amended to add the following: 5) For non-residential PUD District projects, the normal standards of either the R-B, B-1, B-2, B-3. CBD, B-W and 1 zoning classifications shall apply to each project, excepting usage standards, as determined by the City Council and as provided above in Section 401.06.B. Section 3. Section 401.08.D., Development Review under the Section concerning Administration - Fees is hereby amended to add the following: 401.08.D. Development Review. In all R-3, R-B, B-1, B-2, Da CBD, B-W, I and River Impact District zones, all applications for building permits relating to multiple family housing, industrial, commercial or retail uses of property within those zones shall first be referred to the City Planner to determine zoning code compliance prior to review of the proposed development by the building inspector and prior to issuance of a building permit. All expenses incurred by the City in reviewing applications for industrial, commercial or retail buildings or uses within those zones shall be paid by the applicant to the City. The City Council may, by resolution, from time to time implement a procedure affecting the payment of such expenses to the City of Oak Park Heights by all such applicants. 16 JAN-08-1999 10 26 NAC 612 595 983? P.24 • Section 4. Section 401.15.A.14., Annexation Areas is hereby deleted as follows: . . : :. - - - - • - -: - : -_• • • •• . • . . - • • . S a - : - - -• Section 5. Section 401.15.C.1.d., Yard Requirements within the General Yard, Lot Area, and Building Regulations section is hereby amended to add the following: 4. All setback distances, as listed in the table below, shall be measured from the appropriate lot line. District Front Yard Side Yard Rear Yard 0 50 feet 30 feet2 50 feet R-1 30 feet' 10 feet2 30 feet R-1A 30 feet' 10 feet2 30 feet R-1 B 30 feet' 10 feet2 30 feet R-1C 30 feet' 15 feet2 30 feet • R-2 30 feet' 10 feet2 30 feet 17 JAN-06-1999 10:26 NAC 612 595 9937 P.25 • R-3 30 feet' 20 feet2 30 feet R-B 30 feet 10 feet3 30 feet B-1 30 feet 20 feet3 30 feet B-2 40 feet 10 feet3 20 feet 40 feet 10 feet3 20 feet CBD No minimums No minimums No minimums B-W 50 feet 20 feet4 20 feet4 1 50 feet 30 feet 40 feet • Where adjacent structures within same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of adjacent structures. 2 Not less than thirty (30) feet from lot line, if lot is on a corner. 3 Not less than twenty (20) feet from lot line, if lot is on a corner. 4 Not less than fifty (50)feet from a lot if lot abuts a residential zoning district. 5 There shall be no front yard, exterior side yard or rear yard requirements, except that there shall be a required setback within CBD District boundaries when such boundaries are adjacent to a residential district. In such cases, the setback shall be the same as the setback for the adjacent district. There shall be no interior side yard required in the CBD District, except that in such cases where a side yard is provided it shall be a minimum of five (5) feet in width. Section 6. Section 401.15.C.2., Area and Building Size Regulations within the General Yard, Lot Area, and Building Regulations section is hereby amended to add the following: 2. Area and Building Size Regulations. This section identifies minimum area and building size requirements to be provided for in each zoning district as listed in the table below; 18 JAN-08-1999 10:26 NAC 612 595 9837 P.26 • • District Lot Area Lot Width Building Height 0 5 acres 200 feet 35 feet R-1 10,400 SF 80 feet 35 feet R-1A 12,500 SF 85 feet 35 feet R-1 B 15,000 SF 90 feet 35 feet R-1C 20,000 SF 100 feet 35 feet R-2 10,400 SF 80 feet 35 feet R-3 15,000 SF 100 feet 35 feet R-B 15,000 SF 100 feet 35 feet B-1 15,000 SF 100 feet 35 feet B-2 15,000 SF 100 feet 35 feet B-3 15.000 SF 100 feet 35 feet CBD No minimum No minimum 35 feet B-W 30,000 SF 100 feet 35 feet 1 acre 100 feet 45 feet Section 7. Section 401.15.G.5.g., General Provisions within the Signs section is hereby amended to add the following: g. The temporary use of searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten (10) consecutive days. No more than three (3) permits per business proprietor shall be granted during any 12-month period and no permit shall be issued within thirty (30) days of the expiration of a previous permit. The permit shall be promptly displayed during the period of validity. Notwithstanding the above, no such permits shall be issued except in R-B, B-2, B-3. CBD, B-W, and I Districts of the City. Section 8. Section 401.15.G.6.a.8.b., Permitted and Prohibited Signs within the Signs section is hereby amended to add the following: b. Signs may not measure more than twelve (12) square feet in 0 Districts; not more than four (4) square feet in R-1, R-2 Districts; not more than thirty-two (32) square feet in R-3, R-B, B-1, B-2, 13-3., CBD, B-W, and I Districts 19 JAN-08-1999 10:27 NAC 612 595 9837 P.27 • • Section 9. Section 401.15.G.6.a.10., Permitted and Prohibited Signs within the Signs section is hereby amended to add the following: 10) Temporary Window Signs. Temporary window signs shall be permitted within the R-B, B-1, B-2, ELI and CBD zoning districts, provided that they do not exceed ten percent (10%) of the front building facade. Section 10. Section 401.15.G.8.d.3., "Sign Type and Maximum Gross Surface Area in Square Feet" and "Sign Type and Maximum Height in Feet" tables within the Signs section are hereby amended to add the following: SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET Zoning Free- Identi- Canopy Temp Perm Address Direction Political Con- Property Motor District standing fication Marquee Window Window etruction Sale or Fuel Wall Rental Station Price Display O 24 2 24 -- 25%' 2 4 4 32 12 — R-1/R-2 40 2 18 — 25%` 2 4 4 32 4 -- R-3 -- 2 — — 25%- 2 4 4 50 32 — R-B 40 2 40 10%" 25%• 2 4 4 50 32 — B-1 40 2 40 10%" 25%• 2 4 — 50 32 -- 8-2 150'-- 2 150-" 10%" 25%' 2 4 -- 50 32 16 B-33 50 2 64 10%" 2596" 2 4 = 50 32 16 CBD 40 2 100"" 10%" 25%' 2 4 -- 50 32 — BW 50 2 64 — 25%` 2 4 — 50 32 -- I 150-'- 2 150"" -- 25%' 2 4 -- 50 32 — *Percentage based upon total window area "Percentage based upon front building facade '"150 square feet or 15% of front building facade whichever is less •*" I f ; ._ - -e or 0% of front buildin• facade whichever is less Or 15% of the front building facade whichever is less 20 JAN-08-1999 10 27 NAC 612 595 9837 P.28 S • SIGN TYPE AND MAXIMUM HEIGHT IN FEET Zoning Freestand- Identifica- Canopy,Marquee,Wall Address Motor Fuel District ing tion Station-Price Display 0 8 feet 5 feet Top of parapet wall or eave 3.5 inches — R-1/R-2 6 feet 5 feet Top of parapet wall or eave — 3.5 inches — R-3 — 5 feet — 3.5 Inches — R-B 8 feet 5 feet Top of parapet wall or eave 3.5 inches — B-1 8 feet 5 feet Top of parapet wall or eave 3.5 inches — B-2 30 feet 5 feet Top of parapet wall or eave 3.5 inches 8 feet B-3 20 feet 5 feet Top of parapet wall or eave 3.5 inches 8 feet CBD 8 feet 5 feet Top of parapet wall or eave 3.5 inches — BW 20 feet 5 feet Top of parapet wall or eave 3.5 inches -- I 30 feet 5 feet Top of parapet wall or eave 3.5 inches — Section 11. Section 401.20.A.2., Business Districts within the Establishment of Districts section is hereby amended to add the following: 2. Business Districts a. B-1 Neighborhood Business District b. B-2 General Business District c. 0-3 Hi_gbway Business and Warehouse District d. CBD Central Business District e. B-W Business/Warehousing Section 12. This Ordinance shall be in full force and effect upon its passage and publication. 21 JAN-08-1999 10:27 NAC 612 595 9837 P.29 • PASSED this day of 1998. CITY OF OAK PARK HEIGHTS By: David Schaaf, Mayor ATTEST: By: Torn Melena, City Administrator • • 22 TOTAL P.29 JAN-08-1999 12:03 NAC 612 595 9837 P.03/09 • • 401.31. B-W, BUSINESS/WAREHOUSING DISTRICT 401.31.A. Purpose. The purpose of the B-W, Business/Warehousing District is to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items, storage and warehousing. The overall character of the B-W District is intended to be transitional in nature, thus industrial uses allowed within this district shall be limited to those which can compatibly exist adjacent to commercial and lower intensity activities. 401.31.B. Permitted Uses. The following are permitted uses in a B-W District: 1. Commercial printing establishments, 2. Commercial/professional offices. 3. Conference centers. 4. Essential services. 5. Governmental and public utility buildings and structures. 6. Indoor commercial recreation. 7. Laboratories. 8. Wholesale showrooms. 9. Cellular telephone antennas located on a public structure as regulated in Section 401.15.P of this Ordinance. 401.31.C. Interim Uses. The following are interim uses in a B-W District: 1. None. following Accessory Uses. The full g are p ermitted accessory uses in a B-W District: 1. All permitted accessory uses allowed in a B-2 District. 31-1 JAN-08-1999 12=03 NAC 612 595 9837 P.04/09 • 401.31.E. Conditional Uses. The following are conditional uses in a B-W District (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance): 1. Open and outdoor storage including the parking of commercial vehicles in excess of that allowed as a permitted accessory use as and accessory use provided that: a. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting residential districts. b. Storage is landscaped and screened from view from the public right-of-way. c. Storage area is blacktopped or concrete surfaced. d. 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. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. f. The provisions of Section 401.03 of this Ordinance are considered and satisfactorily met. 2. Open or outdoor services, sale and rental as a principal or accessory use provided that: a. Outside services, sales and equipment rental connected with the principal use is limited to thirty (30) percent of the gross floor area of the principal use. b. Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or an abutting residential district. c. 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. d. Areas are asphalt or concrete surfaced. e. The use does not take up parking space or loading areas as required for conformity to this Ordinance. 31-2 JAN-08-1999 12:03 NAC 612 595 9837 P.05/99 • • f. Additional parking, pursuant to Section 401.15.F of this Ordinance, is provided for said space. g. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 3. Manufacturing, compounding, assembly, packaging, treatment or storage of products and materials provided that: a. The proposed use complies with the performance standards outlined in Section 401.15.B and all other applicable provisions of this Ordinance. b. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 4. Planned unit development as regulated by Section 401.06 of this Ordinance. 5. Cellular telephone antennas not located on a public structure provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 401.31.F. Access. 1. Access to industrial development shall be allowed only on arterial or collector streets, or a street specifically designed for such development. *2. Curb cut widths and locations shall comply with the provisions of Section 401.15.F.4.H.8. 3. Industrial developments of a small scale shall be encouraged to develop a common access drive and parking facilities. Incentives, such as reduction in setback and/or parking requirements may be provided at the discretion of the City Council. 4. A turning lane and its appropriate right-of-way must be provided if the City Council determines that one is needed. 401.31.G. Lot Coverage. Not less than twenty (20) percent of the buildable portion of the lot, parcel or tract of land shall remain as a grass plot including fencing and landscaping with shrubbery and plantings. A lesser area may be devoted to a grass plot only via a conditional use permit, provided that: * Amended Ord. No. 97-401.02, October 14, 1997 31-3 JAN-08-1999 12:03 NAC 612 595 9837 P.06/09 • 1. An allowance is made for increased amenities, landscaping or quality of construction as determined by the City Council. 2. In no case shall less than ten (10) percent of the buildable portion of the lot, parcel or tract of land remain as a grass plot. 3. The provisions of Section 401.03 of this Ordinance are considered and satisfactorily met. 401.31.H. Building Type and Construction. All building materials and construction must be in conformance with Section 401.15.C.8. of this Ordinance. 401.311 Parking. Detailed parking plans in accordance with Section 401.15.F. of this Ordinance and the additional requirements of the section listed below, shall be submitted for City review and approved before a building permit may be obtained. 1. The parking area shall be set back a minimum of ten (10) feet from any property line. 2. The parking lot in front of the building shall be screened from the public right-of-way and from adjoining property in conformance with the provisions of Section 401.15.E. of this Ordinance. 3. All parking areas and driveways shall be surfaced with asphalt, concrete, cobblestone or paving brick. 4. Perimeter curbing shall be required around entire parking lots, no closer than five (5) feet from any lot line. 5. All parking stalls shall be marked with white painted lines not less than four (4) inches wide. 6. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect light away from adjoining property, abutting residential uses and public rights-of-way. 7. Grass, plantings, or screening shall be provided in all areas bordering the parking lot. The screening shall be strictly vegetation, earth berming, or a combination of the two. 31-4 JAN-08-1999 12:04 NAC 612 595 9837 P.07/09 • • 8. The screening shall occur, at a minimum, along the outermost medians of the parking area, at every second median within the lot, and at the ends of each parking row. 9. The medians shall not exceed three (3)feet in height, nor be at a slope greater than twenty (20) percent. 401.31.J. Loading. Any structure erected or altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles shall provide off-street loading space in conformance with the provisions of Section 401.15.F of this Ordinance and the following additional requirements: 1. A detailed off-street loading plan including berths, area, and access shall be submitted to the City for review and approval prior to issuance of a building permit. 2. The location of the loading area shall not be in the front of the building. 3. All areas intended to be used for loading including access shall be surfaced with bituminous or concrete. 4. All loading areas shall be screened from surrounding areas by means of vegetative plantings, berming, and/or a screening fence specified as follows: a. A vegetative planting strip or grouping shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting area shall be designed to provide complete visual screening to a minimum height of six (6) feet. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. The planting plan and type of plantings shall require the approval of the City Council. b. A required screening fence shall be constructed of masonry, brick, or wood. Such fence shall provide a solid screening effect eight(8)feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Council. Fences in excess of eight (8) feet in height shall require approval of the Zoning Administrator and Building Official. 401.31.K. Trash Receptacles. All buildings in which exterior storage, trash storage, and/or handling is provided shall provide an enclosed trash receptacle area in conformance with the following: 31-5 JAN-08-1999 12:04 NAC 612 595 9837 P.08/09 S • 1. Exterior wall treatment shall be similar and/or complement the principal building. 2. The enclosed trash receptacle area shall be located in the rear of side yard. 3. The trash enclosure must be an accessible location for pick up hauling vehicles. 4. The trash enclosure must be fully screened from view of adjacent properties. 5. Construction of the trash receptacle enclosure is subject to approval of the City Building Official. 401.31.L. Screening. The screening of outdoor storage areas, heating/air conditioning units, exhaust/fan equipment, trash receptacles, rooftop equipment, and other deterrent elements shall be screened from all surrounding areas by means of planting, berming, and/or a screening fence or other means determined appropriate by the City Building Official. The planting and Berming specifications listed in Section 401.15.E. of this Ordinance are also applicable in this case, however, the height of the screening fence need only be of sufficient height to completely and safely conceal the deterrent element. 401.31.M. Landscaping. A detailed landscaping plan in conformance with Section 401.15.E. of this Ordinance shall be submitted to the City Council and approved before a building permit may be obtained and shall be in conformance with the following requirements. 1. The regulations and requirements set forth in the zoning and subdivision regulations shall apply to all vegetative treatments within the study area relative to the quality, sizes, and specifications of plant materials. 2. All landscape and vegetative treatments shall be in conformance with the overall site plan. It is the responsibility of the property owner to meet and maintain this requirement. 3. Unique land features, i.e., topography, vegetation, wetlands, drainageways shall be preserved and/or addressed to achieve the most positive functional and aesthetic results. Every effort should be made to preserve features of the land to create passive open spaces. 401.31.N. Signage.A comprehensive sign plan must be submitted in conformance with Section 401.15.G. of the Sign Ordinance. In addition to the provisions and regulations set forth within the City Sign Ordinance, the following criteria must be met: 31-6 JAN-08-1999 12:04 NAC 612 595 9837 P.09/09 • • . Area Identification. Only one (1) sign. Sign area may not exceed seventy-five (75) square feet with a maximum height of twenty (20) feet for freestanding signs. 2. Single or Double Occupancy Business Signs. The total sign area for the subject property may not exceed fifteen (15) percent of the total front building facade, except both front and side facades may be counted on a corner lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions: a. Freestanding. Not more than one (1) sign. Sign area may not exceed fifty (50) square feet with a maximum height of twenty (20) feet. b. Wall, Canopy or Marquee. Not more than one (1)wall, canopy or marquee sign per building. However, on corner lots two (2) such signs are allowed, one per street frontage. Individual sign area may not exceed sixty-four (64) square feet. 31-7 TOTAL P.09