HomeMy WebLinkAbout06-24-2014 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, JUNE 249 2014
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
7:05 p.m. 11. Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Liljegren
D. Councilmember Runk
E. Councilmember Swenson
F. Staff
• Recycling Award(1)
7:05 p.m. 111. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
7:10 p.m. IV. Consent Agenda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—June 10, 2014 (2)
7:15 p.m. V. Public Hearings
None
7:15 p.m. VI. Old Business
A. St. Croix River Crossing Project Update (no enclosure)
B. Street Reconstruction Project Update (no enclosure)
C. North Frontage Road (no enclosure)
7:35 p.m. VII. New Business
A. AT&T Equipment Shelter— Conditional Use Permit and Design Guidelines
Review— 14168 Oak Park Blvd.North (3)
B. Consider City Ordinance Amendment to Cc 301.01 —Fire or Barbeques on Patios
and Balconies (4)
C. St. Croix River Heritage Initiative—Feasibility Study (5)
7:55 p.m. VIII. Other Council Items or Announcements
8:00 P.M. IX. Adjournment
Page 1 of 40
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 2 of 40
Oak Park Heights
Request for Council Action 1
Meeting Date June 24, 2014
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor Ad miuistration/Jennifer Pinski
Requester's Signature,
Action Requested Receive Information
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 3 of 40
City Of
Oak Park Heights
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082.Phone(651)439-4439•Fax(651)439.0574
June 19, 2014
Sharon Binger
6385 Peacan Avenue North
Oak Park Heights, MN 55082
Dear Ms. Binger:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and/or smoke detector(s).
Your residence was checked on Thursday, June 19, 2014, to determine if you
had your recycling bin out with your regular garbage. Your recycling was out
and ready for collection; therefore, you are one of this month's winners.
Please contact me at 439-4439 to let me know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulations?
Jennifer Pinski
Deputy Clerk
TREE CITY U.S.A.
Page 4 of 40
Oak Park Heights 2
Request for Council Action
Meeting Date June 24, 2014
Agenda Item Approve City Council Minutes—June 10, 2014
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Admi 'stration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 5 of 40
CITY OF OAK PARK HEIGHTS
TUESDAY, JUNE 109 2014
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Allegiance/Approval of Agenda: Deputy Mayor
Dougherty called the meeting to order at 7:00 p.m. Present: Councilmcmbers
Liljegren and Runk. Staff present: City Administrator Johnson, City Attorney
Vierling, City Planner Richards, and Finance Director Caruso, Absent: Mayor
McComber, Councilmember Swenson, and City Engineer Long.
Deputy Mayor Dougherty removed New Business Item B. from the Agenda.
Councilmember Runk, followed by Councilmember Liljegren, moved to approve
the Agenda as amended. Carried 3-0.
II. Council/Staff Reports:
A. Mayor McComber: Absent
B. Councilmember Dougherty: He reported that the Middle St. Croix
Watershed Management Organization meeting was set for June 12 and the
Convention and Visitor's Bureau meeting was set for June 11.
C. Councilmember Lil'e en: He reported that the Planning Commission
meeting was set for June 12.
D. Councilmember Runk: He reported that he attended the neighborhood
meeting for the Palmer property. He stated there was good discussion and
positive feedback at that meeting.
E. Councilmember Swenson: Absent
F. Staff. Deputy Clerk Pinski reported that Jean Battles of 14677 Upper 56th
Street North was chosen as the recycling award winner.
III. Visitors/Public Comment:
None
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes—May 27, 2014
C. Accept Quotes and Award Bid to Woodchuck Tree Service for Removal
and Pruning of Trees in Brekke Park
D. Adopt Resolution Authorizing Receipt of a Donation from Resident Jim
Kremer
E. Waive LMCIT Statutory Tort Limits
Page 6 of 40
City Council Meeting Minutes
June 10, 2014
Page 2 of 3
F. Approve Hardrives, Inc. 1St Payment for 2014 Street Reconstruction
G. Authorize Placement of Soda Vending Machines at Certain City Parks
Councilmember Runk, seconded by Councilmember Liljegren,moved to approve
the Consent Agenda. Roll call vote taken. Carried 3-0.
V. Public Hearings:
None
VI. Old Business:
A. St. Croix River Crossing Praject: City Administrator Johnson reported that
construction on Oakgreen Avenue to 58th Street was set to commence in
the next couple of weeks. He stated the road would be open for the most
part.
B. School Resource Officer Position: Councilmember Runk clarified that the
school district had not been paying the City for an officer for the full year;
that they were paying only for the school year.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
approve the Resolution. Roll call vote taken. Carried 3-0.
C. North Frontage Road Realignment— STH 36 and Osgood Ave.: City
Administrator Johnson reported that as part of the continuing plan for the
Highway 36 and Osgood Avenue redevelopment, the City issued an RFQ
for asbestos and lead abatement investigation at 6130 Osgood Avenue and
6180 Osgood Avenue. He reported that the apparent low bidder was
Techtron Engineering.
Councilmember Liljegren, seconded by Councilmember Runk, moved to
go forward with the investigations totaling$880 by Techtron Engineering
with funding from TIF 1. 3-0.
VII. New Business:
A. Authorize Finance Director to Pre are Preliminn 2015 Bud et:
Counilmember Runk, seconded by Councilmember Liljegren, moved to
authorize the Finance Director to proceed with preparation of the budget.
3-0.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
set budget workshops per the schedule in the memo from the Finance
Director which was included in the meeting packet for that evening. 3-0.
Page 7 of 40
City Council Meeting Minutes
June 10, 2014
Page 3 of 3
B. REMOVED FROMAGENDA
C. Zoning Ordinance Amendment—Parking Setback—401.15F:
Councilmember Runk, seconded by Councilmember Liljegren, moved to
adopt the proposed Ordinance change as proposed in the packet. Roil call
vote taken. Carried 3-0.
N'III. Other Council Items or Announcements
Councilmember Dougherty requested street reconstruction updates be put on
future City Council agendas.
IX. Adiournment
Councilmember Runk, seconded by Councilmember Liljegren,moved to adjourn
at 7:22 p.m. Carried 3-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
Deputy Clerk Mayor
Page 8 of 40
3
Oak Park Heights
Request for Council Action
Meeting Date June 24"', 2014
Time Required: 5 Minutes
Agenda Item Title: AT&T Equipment Shelter—Conditional Use Permit and Design
Guidelines Review—),014168 Oak Park Blvd North.
Agenda Placement New Busi ss
Originating Department/R ues Johnso "1A inistrator
Requester's Signature
Action Requested See Bel w
Background/lustification(P ase indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached documents from Scott Richards, City Planner:
• Planning report Dated June 4",2014.
• Recommending resolution from the Planning Commission(unsigned).
• Proposed City Council Resolution.
Page 9 of 40
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 68303
Phone: 763.231.684o
Facsimile: 763.427.0820
TPC@PtanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: June 4, 2014
RE: Oak Park Heights —AT&T Equipment Shelter—City Hall — 14168
Oak Park Boulevard North - Conditional Use Permit, Site Plan and
Design Guidelines Review
TPC FILE: 236.02 — 14.03
BACKGROUND
The City of Oak Park Heights has made an application to allow construction of an AT&T
equipment shelter adjacent to the water tower at City Hall. AT&T is proposing adding
antenna to the water tower which also requires the construction of a ground level
equipment structure that houses equipment and a generator.
The application consists of requests for a conditional use permit to allow an additional
accessory structure on the City Hall property and site plan/Design Guidelines review for
the building. The addition of antenna to the tower does not require a conditional use
permit or design review.
The building is approximately 11.5 feet x 20 feet. It is to be placed directly north of the
existing pump house building. The building will be clad with a brick exterior to match
the pump house and other structures on site.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Title Sheet
Exhibit 2: Site Survey (SS-1)
Exhibit 3: Site Survey (SS-2)
Exhibit 4: Overall Site Plan (C-2)
Exhibit 5: Compound Plan (C-3)
Exhibit 6: Enlarged Compound Plan (C-4)
Page 10 of 40
Exhibit 7. Fence Details (C-5)
Exhibit 8: Shelter Elevations (C•6)
Exhibit 9: Shelter Equipment Layout (C-9)
ISSUES ANALYSIS
Comprehensive Plan. The Proposed Land Use Map of the 2008 Comprehensive Plan
indicates the City Hall property and the area to the north as Government Facilities.
The addition of the equipment shelter will be conforming to the Comprehensive Plan.
Zoning. The City Hall and surrounding open areas are zoned O, Open Space
Conservation. Municipal structures and buildings are a permitted use. The public
works facility and water pump house are existing accessory structures on site as will be
the equipment shelter. Section 401.15.D.5. of the Zoning Ordinance requires the review
of a conditional use permit for more than one accessory structure for a public or
institutional site. A review of the conditional use permit criteria has been provided in this
report.
The O District requires a 50 foot front yard setback, 30 foot side yard setback and 50
foot rear yard setback. The building meets and exceeds these requirements. The
building height maximum in the O District is 35 feet. At its highest point, the building will
be approximately 10 feet to its highest point.
Access. The building will be accessed from the parking lot in front of the public works
facility.
Parking. No parking is required for this facility.
Grading/Drainage/Utilities. The City Engineer will review the plans to determine if
there are any grading, drainage or utility issues. The grading, drainage and utility plans
shall be subject to review and approval of the City Engineer.
Lighting Plans. The elevation plans indicate the location of an outdoor lighting fixture
near the two access doors. No details are provided for this fixture. The fixture will be
required to be full cut off and comply with the lighting requirements in 401.15.13.7 of the
Zoning Ordinance.
Trees. The submitted plans indicate that two trees are to be removed to accommodate
the equipment shelter. The City Arborist and Public Works Director should determine if
these trees and be moved to some other location on site.
Mechanical Screening. The plans indicate the locations of two air conditioning units
and a coax/conduit enclosure outside of the building. This mechanical equipment will
be screened with a 6 foot wood fence constructed from pressure treated cedar. The
gates will also be wood. Staff suggests that the fence be moved slightly closer to the
building away from the curb line of the access road.
2
Page 11 of 40
Design Guidelines. The Design Guideline provisions that would apply to this structure
are as follows:
Architectural Guidelines.
Building Materials and Colors
The Design Guidelines indicate that building materials should accent, blend with,
or complement the surroundings. The building will be clad in the same brick as
on the pump house and other buildings on the City Hall site.
Site Design Guidelines
Building Placement
The proposed building is being placed adjacent to the pump house for the water
tower. The equipment structure, once constructed, will blend in with the other
buildings and not be overly conspicuous.
Storm water
Storm water will be addressed by the City Engineer.
Trees/Shrubs
Two trees will be removed. The City Arborist and Public Works Director should
determine if the trees could be moved to another location on site.
Fe_Fe_ ncing
The proposed six foot cedar fence is appropriate for screening the mechanical
equipment.
Lighting
The one proposed fixture on the building will be required to be full cut off.
Si na e
No advertising signage shall be allowed on the building or fence.
Conditional Use Permit. The Planning Commission should consider the following
issues and impacts of the proposed project in making its recommendation.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
9. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
2. The conformity with present and future land uses in the area.
3
Page 12 of 40
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is
proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving
the property.
B. The impact upon existing public services and facilities including parks,
schools, streets, and utilities, and the City's service capacity.
9. The proposed use's confonnity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
Comment: The use is consistent with the Comprehensive Plan and is in confonriity with
present and future land uses. There should be no environmental issues or impact to
surrounding tenants or property owners. Traffic generation will be very minor. There is
no impact upon public services and facilities. City Staff sees no issues with the addition
of the equipment shelter as currently proposed.
CONCLUSION 1 RECOMMENDATION
Upon review of the requests for a Conditional Use Permit, Site Plan and Design
Guidelines Review, City Staff would recommend the project with the conditions as
follows:
1. The grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer.
2. All lighting fixtures shall be full cut off and installed in compliance with the
lighting standards of the Zoning Ordinance. AT&T shall provide
specifications for the wall mounted fixture.
3. The City Arborist and Public Works Director shall determine if the trees to
be removed could be moved to another location on site.
4. The screening fence shall be moved closer to the building away from the
curb line of the access road subject to approval of City Staff.
5. The building will be clad in the same brick as on the pump house and
other buildings on the City Hall site.
6. No advertising signage shall be allowed on the building or fence.
7. No exterior storage of equipment shall be allowed on site.
pc: Julie Hultman
4
Page 13 of 40
03.1 r
Ln tax �` ¢ s IVY" l f } 19iq in w
W i s t:` OCR 0 �Y 2 W
9 Y W t ! 1 a o
('J'}
`V ` E�
fit •
co 0 CJ N
Inv
r °
w
W
�8
CN
M N r
J � LO o a
m � 2 � J #
r-- LU w
(nmto
Z ,g Q
UW U- Z
W H_ ~ H ¢ s 06 0- 06 tw
� g
U a n
Im
a3#€
o
w
U r
W U
Ld
7
� Q
Page 14 of 40
N
4—f c
o
W O
=LLB
w m J J
3
z
.6 slum r►3n
�N m ( v
WZ
Y.IDVKL
H ttIt 11
2%J �32X �Y]JStl3
a
v
I
1
9NIQNd Z �
U
I � N
,� a 3t
I r�-1 � � r n
,
DIAMAn . 0
3
41 S i�
— — AT"a V.
arro�
4 wa "
3 ; h F
N�y o
I-
g $
be
qr CL
-6 0 b egg m €�
r
N a g gig slag I!,
a W �v a F
8 Mg
Ln
LL
Page 15 of 40
rn
yxj' ° EE .$~f W Z w q1
J
'n s z
3161 NOUN 1/1
�0
s �
N 4 Z
�'11O4r OIIlO7D \�
LG'61r13g1 L61LLJ3i► L t � �d� N>���
{ F H
�� R N
�il A
/ 1Y.4$�i'r •11i i�.{.,��CS i ��1'0.y\ZO
LIUC.LOS
wet
=fie � ���• � _
31n NOU-M ,A LLL `— rr'71YLL 9L LC.LON ':'
AL¢L,LC.ION .i6"►LCL M.¢1,LS.LON-C6M1M3B�Sb1B..
m
N Z p
\_ a �1n
MIMI 11
ex iq
z g g o$ , �a 8 bosh
Nh
U nR �3�{k ' W 0 R ' �5 zfi
ah
=
FY 8 N
PAM _ � _ � a �g a a RA
�w:v - *10z'st Row 6rv'un 3xs1 AvA'.l'wdso 6o jvjv\saor"l-p-r isow.\'7
Page 16 of 40
g
1 1z J
rg� 1
Ii c
` 8
- 1------ ----- r.
11 ;
1 r �
lie "
III - 4��C 0
IfI � O q
'
fie 111 C lw � D
jli u � C
I
I � I
5 I
1 111 1 '
tlyl;
1 1
1 1
1
515'-
1511.
1
11 1,
`h i I-
1 i I•
1
H ON nN3n N3
Page 17 of 40
pill
. e
zi
w� ai '� MY
# i.kt a s
Eli
` Ik I fill
a'
H1. E
-------------- -- ------------i,�
POW
p
\
\\ fa8j
\
i
Page 18 of 40
a
1
fill! �
52
1 3^ R11111111,118 SEW M
4111 Ifill III I I R1 111111 HIM
a
E
E
----------------------------- ------ ---- -------------- -------- ___-----,
,a �l A-At s-.r
w
-------------- ------------ —
I
I
� I
� I
I `
�- - - `�
314 q�
IN
Page 19 of 40
ti _p. I o�i� , III _ ';I �� N of
9
� � �E� grpE N w
fi
sit i
N C Q ri.l �fJ
�eYg' ■■■ r W U
w all "L e "L-j A z tltl
L B 8 8
1 1
11 11 11
II it 11 ��
g
��� 1 it ■�
�g
I 1
1 11 l
N
Its ys
11 1 1 1 iR 8�
1
rrrr;ti s'
Il II II
11 I II S
Page 20 of 40
m _
Gda to
is
I ggj j=eera
zi
uj
s +r
N Y
.541_.0
di}
.4
oila a a.a a as a
w
�`c 4
F
•C Al
Y
n
-- -- =___------
h s
d
Page 21 of 40
a
g A i, 6
W
Elf f ; ,z
se�jyg ._.I J
TOb � A
.............................................. ._..._...
_ ..._. ..._... ...___ ... ....»._ .
z ! .. i i
....'
yp
TTIM 71W1lIN
u
Page 22 of 40
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY THE CITY OF OAK PARK HEIGHTS FOR A
CONDITIONAL USE PERMIT AND DESIGN GUIDELINES/SITE
PLAN REVIEW TO ALLOW CONSTRUCTION OF AN AT&T
EQUIPMENT SHELTER ADJACENT TO CITY HALL, 14168 OAK
PARK BOULEVARD, SHOULD BE APPROVED WITH
CONDITIONS
WHEREAS,the City of Oak Park Heights has made an application for a Conditional
Use Permit and Design Guidelines/Site Plan Review to allow construction of an AT&T
equipment shelter adjacent to the water tower at City Hall, 14168 Oak Park Boulevard,
and after having conducted a public hearing relative thereto, the Planning Commission of
Oak Park Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The City Hall and surrounding open areas are zoned O, Open Space
Conservation. Municipal structures and buildings are a permitted use. The public works
facility and water pump house are existing accessory structures on site as will be the
equipment shelter. The Zoning Ordinance requires the review of a conditional use permit
for more than one accessory structure for a public or institutional site; and
4. AT&T is proposing adding antenna to the water tower which also requires
the construction of a ground level equipment structure that houses equipment and a
generator; and
Page 23 of 40
5. The application consists of requests for a Conditional Use Permit to allow
an additional accessory structure on the City Hall property and Design Guidelines/Site
Plan review for the building. The addition of antenna to the tower does not require a
Conditional Use Permit or design review; and
6. City staff prepared a planning report dated June 4, 2014 reviewing the
request; and
7. Said report recommended approval of the Conditional Use Permit and
Design Guidelines/Site Plan review subject to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at their June 12, 2014
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A, The application submitted by the City of Oak Park Heights has made an
application for a Conditional Use Permit and Design Guidelines/Site Plan Review to
allow construction of an AT&T equipment shelter adjacent to the water tower at City
Hall, 14168 Oak Park Boulevard, and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park
Heights for approval with the following conditions:
1. The grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer.
2. All lighting fixtures shall be full cut off and installed in compliance with
the lighting standards of the Zoning Ordinance. AT&T shall provide
specifications for the wall mounted fixture.
3. The City Arborist and Public Works Director shall determine if the trees to
be removed could be moved to another location on site.
4. The screening fence shall be moved closer to the building away from the
curb line of the access road subject to approval of City Staff.
5. The building will be clad in the same brick as on the pump house and
other buildings on the City Hall site.
6. No advertising signage shall be allowed on the building or fence.
2
Page 24 of 40
7. No exterior storage of equipment shall be allowed on site.
Recommended by the Planning Commission of the City of Oak Park Heights this
12a'day of June, 2014.
Jim Kremer, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 25 of 40
ATTACHMENT A
s-
Conditional Use Permit,
Design Guidelines & Site Review
For
Construction of an AT&T Equipment Shelter
Adjacent to City Hall
Located at 14168 Oak Park Blvd. N.
Physical Address: 14168 Oak Park Blvd., N.
Washington County GEO Code: 04.029.20.23.0003
Legal Description:
RLS #70 PT LOT A COM AT NW CORN TRACT A WHICH PT IS 485.52 FT E OF
NW CORN OF SWIA OF NW1/4 SEC4 THEN E ALONG N LINE TRACT A 264 FT
TO PT THEN S & PAR WITH W LINE SD TRACT 330 FT TO PT THEN W PAR
WITH S LINE TRACT A 264 FT TO PT THEN N 330 FT ALONG W LINE TRACT A
TO PT BEG- EASEMENTS-SUBJ TO QWEST EASEMENT
Page 26 of 40
ATTACHMENT B
:w-
Conditional Use Permit,
Design Guidelines & Site Review
For
Construction of an AT&T Equipment Shelter
Adjacent to City Hall
Located at 14168 Oak Park Blvd. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing& Recommendation: June 12, 2014
Required Approvals:
City Council Majority Vote
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve (12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b)
Page 27 of 40
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY
THE CITY OF OAK PARK HEIGHTS FOR A CONDITIONAL USE
PERMIT AND DESIGN GUIDELINES/SITE PLAN REVIEW TO
ALLOW CONSTRUCTION OF AN AT&T EQUIPMENT SHELTER
ADJACENT TO CITY HALL, 14168 OAK PARK BOULEVARD, BE
APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has made an application for a Conditional
Use Permit and Design Guidelines/Site Plan Review to allow construction of an AT&T
equipment shelter adjacent to the water tower at City Hall, 14168 Oak Park Boulevard,
and after having conducted a public hearing relative thereto, the Planning Commission of
Oak Park Heights recommended that the request be approved with conditions. The City
Council of the City of Oak Park Heights makes the following findings of fact and
resolution:
1. The real property affected by said application is Iegally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The City Hall and surrounding open areas are zoned O, Open Space
Conservation. Municipal structures and buildings are a permitted use. The public works
facility and water pump house are existing accessory structures on site as will be the
equipment shelter. The Zoning Ordinance requires the review of a conditional use permit
for more than one accessory structure for a public or institutional site; and
4. AT&T is proposing adding antenna to the water tower which also requires
the construction of a ground level equipment structure that houses equipment and a
generator; and
Page 28 of 40
S. The application consists of requests for a Conditional Use Permit to allow
an additional accessory structure on the City Hall property and Design Guidelines/Site
Plan review for the building. The addition of antenna to the tower does not require a
Conditional Use Permit or design review; and
6. City staff prepared a planning report dated June 4, 2014 reviewing the
request; and
7. Said report recommended approval of the Conditional Use Permit and
Design Guidelines/Site Plan review subject to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at their June 12, 2014
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A The application submitted by the pity of Oak Park Heights has made an
application for a Conditional Use Permit and Design Guidelines/Site Plan Review to
allow construction of an AT&T equipment shelter adjacent to the water tower at City
Hall, 14168 Oak Park Boulevard, and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer.
2. All lighting fixtures shall be full cut off and installed in compliance with
the lighting standards of the Zoning Ordinance. AT&T shall provide
specifications for the wall mounted fixture.
3. The City Arborist and Public Works Director shall determine if the trees to
be removed could be moved to another location on site.
4. The screening fence shall be moved closer to the building away from the
curb line of the access road subject to approval of City Staff.
5. The building will be clad in the same brick as on the pump house and
other buildings on the City Hall site.
6. No advertising signage shall be allowed on the building or fence.
2
Page 29 of 40
7. No exterior storage of equipment shall be allowed on site.
Approved by the City Council of the City of Oak Park Heights this 24`x' day of June,
2014.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 30 of 40
ATTACHMENT A
Ilk
Conditional Use Permit,
Design Guidelines & Site Review
For
Construction of an AT&T Equipment Shelter
Adjacent to City Hall
Located at 14165 Oak Park Blvd. N.
Physical Address: 14168 Oak Park Blvd.,N.
Washington County GEO Code: 04.029.20.23.0003
Legal Description:
RLS #70 PT LOT A COM AT NW CORN TRACT A WHICH PT IS 485.52 FT E OF
NW CORN OF SW 114 OF NW 114 SEC4 THEN E ALONG N LINE TRACT A 264 FT
TO PT THEN S & PAR WITH W LINE SD TRACT 330 FT TO PT THEN W PAR
WITH S LINE TRACT A 264 FT TO PT THEN N 330 FT ALONG W LINE TRACT A
TO PT BEG-EASEMENTS-SUBJ TO QWEST EASEMENT
Page 31 of 40
t
ATTACHMENT B
Conditional Use Permit,
Design Guidelines & Site Review
For
Construction of an AT&T Equipment Shelter
Adjacent to City Hall
Located at 14168 Oak Park Blvd. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing& Recommendation: June 12, 2014
Required Approvals:
City Council Majority Vote
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve (12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b)
Page 32 of 40
4
Oak Park Heights
Request for Council Action
Meeting Date June `'', 2014
Time Required: 5 Minutes
Agenda Item Title: Consider City Ordinance Amendment to Cc 301.01 —Fire or Barbecues on
Patios and Balconies.
Agenda Placement New Business
Originating Departrnent/Requestor Council Member Mark Swenson
Requester's Signature
Action Requested Discussion Possible Action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
As the City has an ever increasing number of townhomes and condominiums,the City Council might want to
discuss the possibility of implementing certain restrictions on the use of fires and/or barbecues on the attached
decks.
Please see the enclosed position from the State Fire Marshall.
If this is something the Council might want to move forward with, staff has prepared a sample/draft amendment to
the City Ordinance-301.01 which adopts the required Appendix H of the State Fire Code.
Page 33 of 40
MINNESOTA STATE DEPARTMENT OF PUBLIC SAFETY
""'� State Fire Marshal Division
444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145
Phone: 6511201-7200 FAX: 6511215-0525 TTY: 651128216555
D Internet: http://www.fire.state.mn.us
Barbecues and Open Flames on Balconies and Patios
Afc°hc &
Gamtslm6
Enforcemant every summer,barbecue grills reappear on the balconies and patios of multi-family
dwellings for another season of outdoor cooking. The use and storage of solid fuel or of
cArnin l propane cooking equipment on patios and balconies has resulted,however, in a number
ctimrn� p l� $� p Pa
Appmhen9lon of fires in the state ofMinrlesota.
Capital semmy fn many towns and cities,this practice is prohibited by local ordinance or by adoption of
cr1r"vaM Appendix H in the 2007 Minnesota State Fire Code(MSFC). The fire code does not
affmm prohibit barbecue grills on balconies and patios of multi-family occupancies unless the
ativei&vdox: local governing body has formally adopted IV4SFC(07)Appendix H.
services
EffBrgwicy Here;is a reprint of the text of Minnesota State Fire Code Appendix 11:
klanegement!
Emergency Appendix H-Fires or Barbecues on Balconies or Pathos
Response
Co"tssion
1.1 Open Flame Prohibited. In any structure containing three or more
State r"e
dwelling units,no erson shall kindle,maintain,or cause any fire or open
Marshal I p
Pipeline Salety flame on any balcony above ground level,or on any ground floor patio within
15 feet ofa strueture.
state PaW
TrafSc safety 1.2 Fuel Storage Prohibited.No person shall store or use any ftlel, barbecue,
torch,or other similar heating or lighting chemical or device in the locations
designated in Section LL
Exception: Listed electric or gas-fired barbecue grills that are
[xrntancritly mounted and wired or plumbed to the building's gas
supply or eiectrical system and that maintain a minimum clearance of
18 inches on all sides, unless listed for lesser clearances,may be
installed on balconies and patios when approved by the chief:
An option available to local jurisdictions that have not adopted Appendix H is to enctsurage
apartment building owner to incorporate language into their leases that prohibits barbecue
UW grills from being used or stored on balconies and patios.
To determine ifan ordinance regulating open fires on balconies or patios has bLen adopted
where you live,contact your local fire marshal or fire department.
SIM)Fact Sheet INS-FACT-14 March:31,2003 Page 1 of 2
Page 34 of 40
SF,%ID Fact Sheet INS-PACT-14
March 31,2003
Page 2 of 2
Barbecuing in any environment presents certain hazards that people should consider so that they
can take precautions to reduce the likelihood of starting afire, [[ere area few tips that can help
make barbecuing safer.
• Charcoal briquettes should be stored in a dry area because damp or wet charcoal is sensitive
to spontaneous heating once dried.
• The use and storage of barbecue grills should he restricted to the outdoors. Never use
barbecue grills for home heating or indoor cooking.
+ Charcoal briquettes should he allowed to cool naturally a safe distance from structures and
combustible materials and then disposed of properly.
• Charcoal lighter fluid should he properly stored,away from living areas of the home.
Propane cylinders shall he stored outside at least 20 feet from building openings such as
windows and doors.
If you have any questions relating to the adoption of fire code appendices or any other code
issue, please contact the State Fire N larshal Division at#ireeode`a;state.mn.us,or visit our web
page at www.fire.state,mn.us for the latest information on (ire in Minnesota.
Page 35 of 40
301
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE;
PROVIDING FOR THE APPLICATION,ADMINISTRATION, AND
ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY
REGULATING THE ERECTION, CONSTRUCTION,ENLARGEMENT,
ALTERATION,REPAIR,MOVING, REMOVAL, DEMOLITION, CONVERSION,
OCCUPANCY, EQUIPMENT,USE,HEIGHT,AREA,AND MAINTENANCE
OF ALL BUILDINGS AND/OR STRUCTURES WITHIN THE
CITY OF OAK PARK HEIGHTS AND FURTHER PROVIDING FOR THE
ISSUANCE OF PERMITS AND COLLECTION OF FEES RELATED THERETO.
FURTHER,REPEALING ALL ORDINANCES AND PARTS OF THEREOF IN
CONFLICT HEREWITH AND PROVIDING FOR THE PENALTIES
OF VIOLATIONS OF THIS ORDINANCE.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN.
301.01 State Building Code Adoption. The 2007 Minnesota State Building Code, established pursuant to
Minnesota Statute§16B.59 through 16B.75 and published in Minnesota Rules Chapter I300 through 1370
and incorporating Chapter 4715 Minnesota Plumbing Code and Chapters 7670, 7672,7674, 7676 and
7678 Minnesota Energy Code, of Minnesota Rules, is hereby incorporated into this Ordinance as if set out
in full,subject to the following specifications:
A. Mandatory Enforcement Provisions.The following chapters of Minnesota Rules shall be
enforced and administered without change by the City as mandatory provisions of the Minnesota State
Building Code:
1. Chapter 1300,Administration of the Minnesota State Building Code;
2. Chapter 1301,Building Official Certification;
3. Chapter 1302, State Building Construction Approvals;
4. Chapter 1303,Minnesota Provisions;
5, Chapter 1305,Adoption of the 2006 International Building Code;
6. Chapter 1307,Elevators,and Related Devices;
7. Chapter 1309,Adoption of the 2006 International Residential Code;
S. Chapter 1311,Guidelines for the Rehabilitation of Existing Buildings;
9. Chapter 1315, Adoption of the 2005 National Electric Code (Administered by
the MN-DOLI Board of Electricity);
Page 36 of 40
10. Chapter 1325, Solar Energy Systems;
11. Chapter 1330,Fallout Shelters;
12. Chapter 1335,Flood Proofing Regulations;
13. Chapter 1341, Minnesota Accessibility Code;
14. Chapter 1346,Adoption of the Minnesota State Mechanical Code
15. Chapter 1350,Manufactured Homes;
16. Chapter 1360,Prefabricated Structures;
17. Chapter 1361,Industrialized/Modular Buildings;
18. Chapter 1370, Storm Shelters(Manufactured Home Parks);
19. Chapter 4715,Minnesota Plumbing Code;and
20. Chapters 7670,7672, 7674, 7676 and 7678,Minnesota Energy Code.
21. Chapter 7511, Minnesota State Fire Code
B. Optional Enforcement of Provisions Adopted. The following chapters of Minnesota Rules,
representing optional provisions of the Minnesota State Building Code and/or Minnesota State
Fire Code,are hereby adopted and incorporated by the City without change and shall be enforced
and administered by the City as a part of the Building Code for the City:
1. Chapter 1306, Special Fire Protection Systems, option Subpart 2 and
1306.0030(E), option 1;
2. Chapter 1335,sections.0600 through .1200,Flood Proofing
Regulations;and
3. 2006 International Building Code Appendix J(Grading).
4. Appendix H-Fires or Barbecues on Balconies or Patios of the 2007
Minnesota State Fire Code:
O en Flame Prohibited In an structure containing three or more
dwelfina units no person shall kindle maintain or cause any ire or
open game on any balcony above ieround level or on an round floor
patio within 15 feet of a structure.
Fuel Storage Prohibiter. No person shall store or use any fuel,
barbecue, torch or other similar heating or lighting_chemical or device
in the location designated in this subsection:301.0l.B.4.
Exception: listed electric or,has tired barbecue Frills that are
Permanently mounted and wired or plumbed to the buildim-s eas supp
or electrical system and that maintain a minimum clearance of 1.8
inches on all sides, unless listed for lesser clearances, may be installed
on balconies and patios when approved by the Fire Chief
301.02 Application,Administration and Enforcement. The application,administration and enforcement
of the Minnesota State Building Code shall be in accordance with Minnesota Rules Chapter 1300.
The Code shall be enforced within the extraterritorial limits provided by Minnesota Statute
§168.62,Subd. 1,when so established by this ordinance.
Page 37 of 40
The code enforcement agency of this municipality is called the City of Oak Park
Heights. This Code shall be enforced by the Minnesota Certified Building
Official designated by the City to administer the Code as provided by Minnesota
Statutes §16B.65, Subd. 1.
301.03 Permits,Inspections,and Fees. The issuance of permits and the collection of fees shall be as
authorized by Minnesota Statute § 16B.62,Subd. 1. Permit fees shall be assessed for work
governed by the Minnesota State Building Code in accordance with the fee scheduled adopted by
the City of Oak Park Heights and is hereby incorporated by reference herein.Said fee schedule is
subject to change and is made part of this ordinance by reference herein. In addition,a surcharge
fee may be collected on all permits issued for work governed by the Minnesota State Building
Code in accordance with the provisions of Minnesota Statutes §16B.70.
301.04 Violation and Penalties.By the provisions of Minnesota Statute § 168.69 and Minnesota Rules
Chapter 1300,a violation of the Code is a misdemeanor.
301.05 Repeal.All ordinances in conflict or inconsistent with the provisions of this Ordinance are hereby
repealed.
Page 38 of 40
5
Oak Park Heights
Request for Council Action
Meeting Date June 24`', 2014
Time Required: 5 Minutes
Agenda Item Title: St. Croix River Heritage Initiative - Feasibility Study
Agenda Placement New Business
Originating Department/Re ;tor r McCo ber
Requester's Signature `� I,-,/
Action Requested See Bel
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached letter;Discussion and possible action on submitting comments—due June 30'b.
Page 39 of 40
Northwest Regional Planning Commission
ST. CROIX VALLEY NWRPCJ\ir
FOUNDATION &-Pi-y rPit" ue otr 11z16
June 2, 2014 r � n
Mary McComber Fir
Mayor
City of Oak Park Heights
P.O. Box 2007
Oak Park Heights, MN 55082
Dear Mayor McComber:
We write to update you on the St. Croix Heritage Initiative, a voluntary, resident-driven effort to
enhance economic development and quality of life in the St. Croix River watershed of Minnesota and
Wisconsin. You are receiving this letter because a portion of your jurisdiction drains to the St. Croix
River or one of its tributaries.
Where we've been:
• Early 2010: A group of residents and stakeholders convened by the St. Croix Valley Foundation
began exploring strategies to better promote and share the unique natural and cultural heritage
our region has to offer.
• Spring 2011: The Heritage Initiative Task Force held five preliminary meetings. Participants
encouraged the Task Force to study possible national heritage area designation for the region.
• Early 2012: The Task Force held ten Heritage Discovery Workshops throughout the watershed
to identify special stories and places that make our region unique.
• Fall 2012: Four Regional Gatherings were held around the watershed to seek public input on
proposed themes that tie the region's stories together and a conceptual boundary for where
these stories can be told within the region.
• May 2013: At a Heritage Summit, the Task Force presented a proposal for pursuing a National
Heritage Area in our region. Support for pursuing Congressional designation was overwhelming.
• Fail 2013: The Northwest Regional Planning Commission (NWRPC) was selected as the
Coordinating Entity for a proposed National Heritage Area.
Most recently, the Task Force completed a final draft of a written Feasibility Study for a proposed
North Woods and Waters of the St. Croix National Heritage Area. We are currently seeking public
input and encourage you to participate in this important phase of the project. You can view the draft
document and see a list of 33 locations where you can review a printed copy at:
http:ll www.stcraixheritage.org/feasibiIity-study
The public comment period extends through 5 pm on Friday, June 30. If you have questions, feel
' free to contact us at 715-386-9490 or info @stcroixheritage.org. We extend our warm thanks for your
creative ideas, thoughtful consideration and passion for imagining new possibilities for our region.
Sincerely,
Marty Harding Myron Schuster
Chair Executive Director
St. Croix Valley Foundation Northwest Regional Planning Commission
Page 40 of 40