HomeMy WebLinkAbout10-28-08 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, OCTOBER 28, 2008
CITY COUNCIL MEETING AGE NDA
7:00 P.M.
7:00 p.m. 1. Call to Order /Pledge of Allegiance /Al)nroval ol'A�-)cnda
lstrrnurcd -
Miles
7:05 p.m. 11. Deoartmcnt /Council l.,iaison Reports
A. Planning Commission
B. Parks Commission
C. Cable Commission
D. Water Management Organizations
E. Other Liaison /Stafl't•eports
7:10 p.m. III. Visitors /Public Cotnnlent
Recycling Award (1)
This is an opportunity fbl the public to a(wress the council with questions or' concerns on issues not part of the regular
agenda. ;Please limit con }moots to 3 minutes in Icngth.)
7:15 p.m. IV. Consent Agenda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes --- October 14, 2008 (2)
C. Approve Kennel Permit Application made by Susan Roettger (3)
D. Approve Identity Theft Prevention Program (4)
E. Approve Wage Step Increases and Budget Adjustments (5)
7:20 p.tn. V. Public I
01•cler to Show Cause Hearing - -- Ruby 'Tuesday Alcohol Compliance Violation
7:30 p.m. VI. Old Business
A. City Hall Facility — Follow -up from Open House (17v e��clastn e)
B. Consider Amending City Ord. 401.15 D — Relating to Accessory Structures and
the Use of a Conditional Use Permitting Process (G)
C. Consider Amending City Ord. 401.15 G.8. — Relating to Special Event Signage (7)
8:00 P.m. VII. New Business
A. Consider Appointing a City Representative to the Visual Quality Advisory
Committee (8)
B. Snyder Drug Stores /Stillwater Crossings: Site Plan, Design Guidelines Review
and PUD Amendment to Allow Drive -thru (9)
C. M &I Bank --- Site Plan Review, Design Guidelines, Variance (10)
D. Schedule Budget Workshop (11)
E, Convention and Visitor's Bureau — Advertising Efforts (12)
8:30 p.m. VIII. Ad €ournment
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This Page Is Left Intentionally
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Oak Park Heights
Request for Council Action
Meeting Date October 28, 2008
Agenda Item Recveling Award Time Required o
Agenda Placement Visitors/ Public Comment
Originating Department /Requestor Administration /Jennifer Pinski
R
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).
Page 3 of 118
CITY OF
OAK PARK HEIGHTS
I Ilil LI it IILi i1 I 1 ili I,
14168 O, Ic Park 13otFlc °v ircl No. P.O. Box 2007 • O,ilc hark heights, MN 55082.2007 Phone: 651/439 - 4439 11 . 1. 651/939 -0574
October 23, 2008
Tom and Penny Midas
5683 O'Brien Ave. N.
Oak Park Heights, MN 55082
Dear Mr. and Mrs. Midas:
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, October 23, 2008 to determine if
you had your recycling bin out with your regular garbage. Your recycling was
out and ready for collection; therefore, you are one of this month's winners.
Please contact me at 439 -4439 at your convenience to arrange for delivery of
the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulati sl
V --
Jennifer Pins
Administrative Secretary /Deputy Clerk
it i i Y ii I. II " Ah -11ii II 1
Tree City U.S.A. �l I �, >�••-
Oak bark Heights
Request for Council Action
Meeting Date October 28, 2008
Agenda Item Approve City Council Minutes — October :14. 2008 Time Required o
Agenda Placement Consent
Originating Department / Requestor,, Administration /Jennifer Pinski
Requester's Signature
Action Requested ADDrove
Background /Justification (Please indicate any previous action has been taken or if other
public bodies have been advised).
Page 5 of 118
CITY OF OAK PARK HEIGHTS
7:00 P.M. TUESDAY, OCTOBER 14, 2008
CITY COUNCIL MELTING MINUTES
I. Call to Order /Pledge of Allegiance /Approval of Agenda: The meeting was
called to order at 7:02 p.m. by Mayor Beaudet. Present: CouncIImennbers
Abrahannson, Doerr, McComber and Swenson. Staff present: Administrator
Johnson, City Attorney Vierling, City Engineer Postler and City Planner
Richards.
Mayor Beaudet added "City Council Requested Information — City 1�111gincer to
Provide Sanitary Sewer line Information Related to Possible Moelter (fly -ash)
Site Reroute" as Old Business Item D.
Councilmember McComber, seconded by Councilmennber Doerr, moved to
approve the Agenda as amended. Carried 5 -0.
II. Depa "tin ent /Council Liaison Reports:
A. Plannina Commission: City Planner Richards reported that the last
meeting was on October 9 and there were four public hearings: a drive -
through for Snyder's in the lower St. Croix Mall area; M &I Bank to be
located in front of Wal -Mart; a change to the section of City Code
regarding accessory buildings; and special event signage. He reported that
the next meeting of the Planning Commission will be on November 13 at
7:00 p.nn. at City Hall.
B. Parks Commission: Councilmember McComber reported that the next
meeting of the Parks Corrimission will be on October 20 at 6:30 p.m. at
City Hall.
C. Cable Commission: Councilmember Doerr reported that the next meeting
of the Cable Commission is on October 15 at 7:00 p.m. at the Access
Center.
D. Water Management Organizations /Middle St. Croix: Mayor Beaudet
reported that the next meeting of the Middle St. Croix Water Management
Organization is on November 13 at 7 :00 p.m. at the Washington
Conservation District Office.
E. Other Liaison/Staff Reports: Councilmember McComber reported that she
received the policy drafts for Metro Cities and NLC and they were left
with the City Administrator for council comments.
Page 6 of 118
City Council Meeting Minutes
October 14, 2008
Page 2 of 5
III. Visitors /Public Comment:
A. Kathy Lohmer, Republican Candidate for 56A, introduced liei to the
council.
B. Representative Julie Bunn provided updates on local issues.
C. Reevclina Award: Administrative Secretary Pinski reported that Ruth
Lehmann of 5491 Oakgreen Place N. was chosen as the recycling award
winner.
IV. Consent AL)enda:
A. Approve Bills & Investments
B. Approve City Council Minutes — September A 2008
C. Approve Resolution Recognizing the Contributions of Mr. Eric Eaton
D. Authorize Emergency Generator Purchase
E. Approve Resolution Allowing the Accumulation and Use of Storm Water
Credits in Member Communities - MSCWMO
Councilmember MCComber, seconded by Councilmember Swenson, moved to
approve the Consent agenda. Roll call vote taken. Carried 5 -0.
V. Public Hearin!s:
None
VI. Old Business:
A. Citv Hall Facility — Finalize Schematic Dcsian: Randy Engel of Buctow &
Associates, architect for the City Hall facility project, reviewed the plans
and proposed schedule. He stated that the design committee will discuss
geothermal energy. Councilmembers McComber and Swenson
commented that the north side of the building design needed to be more
aesthetically pleasing.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to
approve the design committee's recommendation on schematic design and
move forward to the design development stage.
Mayor Beaudet moved to delete the tower over the rotunda and make it a
plain roof coming down. Motion failed per lack of a second.
Page 7 of 118
City Council Meeting Minutes
October 14, 2008
Page 3 of 5
Mayor 13cauclet moved to push the council chambers into the rectangular
portion of the building and make adjustments to the floor plan. Motion
failed per lack of a second.
Main motion carried 5 -0.
Mayor Beaudet, seconded by Councihiiernber Doerr, moved to schedule
an open Douse for October 28, 2008 from 5:30 p.m. until 7:00 pail.
Carried 5 -0.
City Planner Richards reviewed a memo lie prepared regarding the
preliminary site plan. He stated that there will need to be a map
adjustment for zoning, that there are no setback issues, and that a CUP
will be required for the open storage area.
B. STH 36 Frontage Road — Maintenance A2reenient: City Administrator
Johnson reported that the agreement requires the City to have
snowplowing and ice maintenance responsibilities from Norell Avenue to
the eastern terminus of the south frontage road and MnDOT will perform a
2 inch mill and overlay. Ile reported that the agreement also stated that if
the roadway reverts back to the same conditions that exist today, MnD0T'
may either correct the roadway or the City may opt out of the agreement.
Councilmember McComber, seconded by Councilmember Swenson,
moved to approve the Agreement and Resolution. Roll call vote. Carried
5 -0.
C. Discuss Traffic Studv Report as Received from Washington Countv —
CSAH 21 /CSAH 23: Councilmember McComber, seconded by Mayor
Beaudet, moved to have the City send a thank you to county for their
efforts at taking a look at the Stagecoach Trail /Beach Road /Paris Ave.
area, but encourage there to continue monitoring it. Carried 5 -0.
D. Citv Council Reauested Information — City Engineer to Provide Sanitary
Sewer Line Information Related to Possible Moelter (fly -ash) Site
Reroute: Mayor Beaudet stated that some day, the sanitary sewer lines will
need to be replaced and lie suggested that if an opportunity exists to work
with the City of Stillwater to divert the lines along the Highway 36
corridor, the City should have discussions with them.
Councilmember Doerr, seconded by Councilmember McComber, moved
to allow the City Administrator and City Engineer to proceed with
conversations with the City of Stillwater on the sanitary sewer system.
Carried 5 -0.
Page 8 of 118
City Council Meeting Minutes
October 14. 2008
Page 4 0l 5
VII. New Business:
A. Amend Cc, Ord. 202.02 — Mayor and Council Salaries: Councilmember
Swenson, seconded by Councilmember Doerr, moved to approve the
amendment to the ordinance. Roll call vote taken. Carried 4 -1,
McComber opposed.
B. Atvoint Voting. DeleL)ate --- NIX Annual Business Meeting: Mayor
Beaudet, seconded by COUncilnember Doer, moved to approve
Councilmember McComber as the City's representative. Carried 5 -0.
C. Prelinninary Em_yineerin�, — Osgood Ave. Trail: City Administrator .iohllson
reported that the City has had some preliminary discussions with
Washington County regarding a proposed trail along the east side of
Osgood Avenue. He reported that Washington County had included the
trail connection at Osgood Avenue in their 2009 — 2013 Capital
Improvement flan, however 75 Percent of Bands were proposed to come
from local contributions and the other 25 percent would come iron, the
county's state aid.
Johnson stated that he requested an estimate from the City E'ngineer to do
some preliminary scoping of a proposed trail route. I reported that the
estimate received was approximately $4,850.00.
Councilmember Swenson, seconded by Councilmember Abrahamson
moved to request the county to please notify traffic that there are
pedestrians crossing the street in the vicinity of the new trail. Carried 5 -0.
Councilmember Abrahamson, seconded by Councilmember McComber,
moved to authorize the City Lngineer to complete the initial investigation
in that area with the funds coming from engineering not to exceed $5,000.
Carried 5 -0.
D. Consider Amendments to Park Commission By -Laws and Cc Ord. 205:
Mayor Beaudet suggested that both the Park Commission and the Planning
Commission By -Laws have the same language and that the language
regarding terms in the Planning Commission By -Laws be used instead of
the language in the Parks Commission By -Laws. He stated that the City
wants residents to come forward and serve three -year terms. Mayor
Beaudet also suggested that the language, "unless extended by special
order of the City Council for a period of one year," be removed from the
By -Laws.
Mayor Beaudet, seconded by Councilmember McComber, moved to
accept the language for the By -Laws as drafted by the City Administrator
Page 9 of 118
City Council Meeting Minutes
October 14, 2008
Page 5 o I' 5
except that the terms for the Park Commission and the Planning
Commission would be the same using the Planning Commission language
and strike the sentence: "unless extended by special order of the City
Council for a period of one year." Carried 5 -0.
VIII, Adioumment:
Councilmember McComber, seconded by Councilmember Abrahamson, moved
to adjourn at 8:29 p.m. Carried 5 -0.
Respectfully submitted, Approved as to Content and Dorm,
Jennifer I'inski David Beaudet
Administrative Secretary /Deputy Cleric Mayor
Page 10 of 118
i
Oak Park Heights SURE
Request for Council Action
Meeting Date October 28, 2008
Agenda Item Approve Kenncl Permit Application rnade by Susan Roettger Time Reel, 1
Agenda Placement Consent
Originating Department /Requestor Adniinistratior3 /Jennifer Pinski
Requester's Signature �..- A ,_
Action Requested Approve
Background /Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
Susan Roettger has made an application for a kennel permit and has subrnitted the $ 100.00 Ice. All anirnals
have been licensed with the City. I recoinmend approval of the application.
Page 11 of 118
CITY OF OAK PARK HEIGHTS ♦KENNEL PERMIT APPLICATION
14168 Oak Park Boulevard Application Fee: $100.00 ! "co
P.O. Box 2007
Oak Park Heights, MN 55082 First Time:_
(651) 439 -4439 Fax: (651) 439 -0574 / Renewal:
Applicant Name: -S uSCA E 64,`�
Address: 5 � j 1 � - 0
Phone Number: Work: (, rJ
Pet Information:
Name Sex Spa /Neutered Color Breed OPH Doo taa #
P1.11 - 2,1 K qo4lches
"Proof of rabies vaccination for each pet must be submitted with application
Having made full payment of the application fee and submitted proof of rabies vaccination for
each pet indicated above, I /we request a Kennel Permit be granted and agree to operate said
kennel in accordance with the City of Oak Park Heights Domestic Animal Ordinance 601,
f� -
: !' G�I't - �
Date',
Date: Signature:
Approved / Denied this __ day of by the City
Council of the City of Oak Park Heights.
Mayor City Administrator
Page 12 of 118
Oak Park Heights
Request for Council Action
Meeting Date October 28, 2008 Time Required:
Agenda Item Title: Approve Identity Theft Prevention Program
Agenda Placement Consent
Originating Department /Requestor Finance -Judv Holst, DeDUtV Clerk /Finance Director
Requester's Signature f, , Z: ~;
Action Requested Approve Identitv Theft Prevention Program
Background /Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
The Federal Trade Commission (FTC) has set a deadline for which all utilities are required to
have an Identity Theft Prevention Program developed and in place by November 1, 20o8.
The Minnesota Municipal Utilities Association (MMUA) provided a template for the Program;
which was modified to fit the City's policy on utilities.
The Red Flags rule is meant to prevent "Identity theft" as the Rule defines it — fraud using
another person's identifying information. While the theft of customer identification
information may lead to "Identity Theft," information theft itself is not the focus of the Rule.
The FTC created this rule particularly with banks, credit card providers and large private
utilities in mind. The City water, sewer, and storm sewer utilities are also required to comply
with the Red Flags rule and are required to implement this Program.
The Finance Director was assigned as the Program Administrator. The Public Works
Director, Administrator, Senior Account, and the Accountant were appointed as the
Committee to discuss and customize the program. The Program will be reviewed annually by
the Program Administrator and the Committee.
The Program must be approved by either the governing council or by a designated employee
at a senior level of management.
Staff recommends approval of the Identity Theft Prevention Program.
Page 13 of 118
City of Oak Parr Heights Utility
Identity Theft Prevention Program
Effective beginning November I, 2008
Page 14 of 118
1. PROGRAM ADOPTION
The City of Oak Park Heights ( "Utility ") developed this Identity Theft Prevention
Program ( "Program ") pursuant to the Federal Trade Commission's Red Flags Rule ( "Rule "),
which implements Section 114 of the lair and Accurate Credit Transactions Act of 2003. 16 C.
F. R. § 681.2. This Program was developed with oversight and approval of the City Council.
After consideration of the size and complexity of the Utility's operations and account systems,
and the nature and scope of the Utility's activities, the Program Administrator determined that
this Program was appropriate for the City of Oak Park Heights Water, Sewer, and Storm Sewer
Utilities and therefore approved this Program on October 28, 2008.
11. PROGRAM PURPOSE AND DEFINITIONS
A. Fulfilling requirements of the Red Flags Rule
Under the Red Flag Rule, every financial institution and creditor is required to establish an
"Identity Theft Prevention Program" tailored to its size, complexity and the nature of its
operation. Each program must contain reasonable policies and procedures to:
1. Identify relevant Red Flags for new and existing covered accounts and incorporate those
Red Flags into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity
Theft; and
4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to
the safety and soundness of the creditor from Identity Theft.
B. Red Flags Rule definitions used in this Program
The Red Flags Rule defines "Identity 'Theft" as "fraud committed using the identifying
information of another person" and a "Red Flag" as a pattern, practice, or specific activity that
indicates the possible existence of Identity Theft.
According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The
Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers,
utility companies, and telecommunications companies. Where non -profit and government
entities defer payment for goods or services, they, too, are to be considered creditors."
All the Utility's accounts that are individual utility service accounts held by customers of the
utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a
"covered account" is:
1. Any account the Utility offers or maintains primarily for personal, family or household
purposes, that involves multiple payments or transactions; and
2 Page 15 of 118
2. Any other account the Utility offers or maintains for which there is a reasonably
foreseeable risk to customers or to the safety and soundness of the Utility from Identity
Theft.
"Identifying information" is defined under the Rule as "any name or number that may be used,
alone or in conjunction with any other information, to identify a specific person," including:
name, address, telephone number, social security number, date of birth, government issued
driver's license or identification number, alien registration number, government passport
number, employer or taxpayer identification number, unique electronic identification number,
computer's .Internet Protocol address, or routing code.
M. IDENTIFICATION OF RED FLAGS.
In order to identify relevant Red Flags, the Utility considers the types of accounts that it
offers and maintains, the methods it provides to open its accounts, the methods it provides to
access its accounts, and its previous experiences with Identity Theft, The City of Oak Park
Heights does not require social security numbers, driver's license or credit reports to open a
water, sewer or storm sewer utility account. The Utility identifies the following red flags, in
each of the listed categories:
A. Suspicious Documents
Red Flags
I. Identification document that appears to be forged, altered or inauthentic (such as a copy
of a check for auto pay that is not the same name as oil the customer's account);
2. Other document with information that is not consistent with existing customer
information (such as if a person's signature on a check appears forged).
B. Suspicious Personal Identifying Information
Red Flaes
I . Identifying information presented that is inconsistent with other sources of information
(for instance, an address not matching an address on tax rolls);
2. Identifying information presented that is the same as information shown on other
applications that were found to be fraudulent;
3. Identifying information presented that is consistent with fraudulent activity (such as an
invalid phone number or fictitious billing address);
4. An address or phone number presented that is the same as that of another person;
5. A person's identifying information is not consistent with the information that is on file
for the customer.
3 Page 16 of 118
C. Suspicious Account Activity or Unusual Use of Account
Red Flags
I. Payments stop on an otherwise consistently up -to -date account;
2. Account used in a way that is not consistent with prior use (example: very High activity);
3. Mail sent to the account holder is repeatedly returned as undeliverable;
4. Notice to the Utility that a customer is not receiving mail sent by the Utility;
S. Breach in the Utility's computer system security; and
6. Unauthorized access to or use of customer account information.
D. Alerts from Others
Reel Flag
1. Notice to the Utility from a customer, identity theft victim, law enforcement or other
person that it has opened or is maintaining a fraudulent account for a person engaged in
Identity Theft.
IV. DETECTING RED FLAGS.
A. New Accounts
In order to detect any of the Red Flags identified above associated with the opening of a
new account, Utility personnel will take the following steps to obtain and verify the identity of
the person opening the account:
Detect
1. Require certain identifying information such as name, residential or business address,
principal place of business for an entity;
2. Verify the customer's identity (for instance, check ownership on County tax rolls);
3. Review documentation showing the existence of a business entity; and
4. Independently contact the customer.
B. Existing Accounts
In order to detect any of the Red Flags identified above for an existing account, Utility
personnel will take the following steps to monitor transactions with an account:
4 Page 17 of 118
Detect
1. Verify the identification of customers if they request information (in person, via
telephone, via facsimile, via email);
2. Verify the validity of requests to change billing addresses; and
3. Verify changes in banking information given for billing and payment purposes.
V. PREVENTING AND MITIGATING IDENTITY THEFT
In the event Utility personnel detect any identified Red Flags, such personnel shall take
one or more of the following steps, depending on the degree of risk posed by the Red Flag:
Prevent and Mitieate
1. Continue to monitor an account for evidence of Identity Theft;
2. Contact the customer;
3. Change any passwords or other security devices that permit access to accounts;
4. Not open a new account;
5. Close an existing account;
6. Request copy of check for auto pay utility customers and verify information with banking
institution;
7. Notify the Program Administrator for determination of the appropriate step(s) to take;
8. Notify law enforcement; or
9. Determine that no response is warranted under the particular circumstances.
Protect customer identi €vina information
In order to further prevent the likelihood of identity theft occurring with respect to Utility
accounts, the Utility will take the following steps with respect to its internal operating procedures
to protect customer identifying information:
I. Ensure complete and secure destruction of paper documents and computer files
containing customer information;
2. Ensure that office computers are password protected.
3. Keep offices clear of papers containing customer information;
4. Ensure computer virus protection is up to date; and
5. Require and keep only the kinds of customer information that are necessary for utility
purposes.
5 Page 18 of 118
VI. PROGRAM UPDATES
This Program will be periodically reviewed and updated to reflect changes in risks to
customers and the soundness of the Utility from Identity Theft. At least once per year., the
Program Administrator will consider the Utility's experiences with Identity Theft situation,
changes in Identity Theft methods, changes in Identity Theft detection and prevention methods,
changes in types of accounts the Utility maintains and changes in the Utility's business
arrangements with other entities. After considering these factors, the Program Administrator will
determine whether changes to the Program, including; the listing of Red Flags, are warranted. If
warranted, the Program Administrator will update the Program or present the City Council with
his or her recommended changes and the City Council will make a determination of whether to
accept, modify or reject those changes to the Program.
VII. PROGRAM ADMINISTRATION.
A. Oversight
Responsibility for developing, implementing and updating this Program lies with an
Identity Theft Committee for the Utility. The Committee is headed by a Program Administrator
who may be the head of the Utility or his or her appointee. Two or more other individuals
appointed by the head of the Utility or the Program Administrator comprise the remainder of the
committee membership. The Program Administrator will be responsible for the Program
administration, for ensuring appropriate training of Utility staff on the Program, for reviewing
any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating
Identity Theft, determining which steps of prevention and mitigation should be taken in
particular circumstances and considering periodic changes to the Program.
B. Staff Training and Reports
Utility staff responsible for implementing the Program shall be trained either by or under
the direction of the Program Administrator in the detection of Red Flags, and the responsive
steps to be taken when a Red Flag is detected.
C. Service Provider Arrangements
In the event the Utility engages a service provider to perform an activity in connection
with one or more accounts, the Utility will take the following steps to ensure the service provider
performs its activity in accordance with reasonable policies and procedures designed to detect,
prevent, and mitigate the risk of Identity Theft.
1. Require, by contract, that service providers review the Utility's Program and report any
Red Flags to the Program Administrator.
6 Page 19 of 118
D. Specific Program Elements and Confidentiality
For the effectiveness of Identity Theft prevention Programs, the Red Flag Rule envisions
a degree of confidentiality regarding the Utility's specific practices relating to Identity Theft
detection, prevention and mitigation. Therefore, under this Program, knowledge of such specific
practices are to be limited to the Identity Theft Committee and those employees who need to
know them for purposes of preventing Identity Theft. Because this Program is to be adopted by
a public body and thus publicly available, it would be counterproductive to list these specific
practices here. Therefore, only the Program's general red flag detection, implementation and
prevention practices are listed in this document.
7 Page 20 of 118
7.
Oak Park Heights ft�E
Request for Council. Action
Meeting Date October 28, 2008 Time Required:
Agenda Item Title: Approve Wage Step Increases and Budget Adiustments
Agenda Placement Consent
Originating Department / Requestor Finance &, Administr!action udv Holst, Deputy_
Clerk/ Finance Director - Eric Johnson, Citv AdministratoRequester's Signature Action Requested See Below
Background /Justification (Please indicate if any previ us as been taken or
if other public bodies have advised):
The City hired Jennifer Pinski (Thoen) and Judy Tetzlaff in the spring of 2007 with
start dates being 4/26/07 and 5/14/07, respectively. Both were commenced at
step 2 in the AFSCME wage scales. As of 1/ 1/08 both employees were approved for
an increase to step 3 in their respective wage scales.
Based on very positive annual performance reviews for Ms. Tetzlaff and Ms. Pinski,
we believe it would be in the best interest of the City to advance these two
individuals to step 4 (top pay) in their respective wage scales. This advancement is
approximately 1 /2 years earlier than required.
The financial implications for 2008 for this faster progression is approximately
$2,200; however considering the positive attitude constantly demonstrated by both
of these employees and the quality of their work to date, it is hoped that the faster
progression would ensure such continued commitments for the long -term. It is vital
to note that the City is only considering this due to their demonstrated work
performance; which has been outstanding.
Requested Action:
1. Approve pay -scale increases for Judy Tetzlaff and Jennifer Pinski moving both
to Step #4 (top pay) in their respective pay scales effective November 1, 2008.
2. Approve budget adjustments per attached memo/ recommendations.
Page 21 of 118
ME9 on M,
a.
Memo
October 23, 2008
To: Mayor and Council
Prom: Judy Holst, Deputy Clerk /Finance Director -
Re: Budget Adjustments
There are several areas of the 2008 budget that will require budget adjustments to reflect
additional revenues and expenditures that were not anticipated when the 2008 budget was
adopted.
The Administration Department will be over budget by $13,000 due to salary adjustments
that were approved at the end of 2007 and for school reirnbursements that were not
anticipated when the 2008 budget was approved.
There was unanticipated revenue for Development Charges and Intergovernmental
Revenues. Development Charges can be increased $3,000 to reflect a special financing
request that was received in 2008 and Intergovernmental Revenue -Other Local
Governments can be increased $10,000 to reflect the Public Health Emergency
Preparedness Grant that was received in 2008. These adjustment will off -set the
additional expenses for the Administration Department.
Employee Hospital and Life Insurance will be under budget $12,900. The deficit is due
to changes in single versus family coverage and an additional 2 month premium due to a
change in the actual retirement date for the Police Chief.
The Revenue budget for Charges for Services can be increased $2,700 and the
Engineering- Professional Services can be decreased $10,200 to off-set the additional
expenses for employee hospital and life insurance.
The Building Inspection Department will be over budget in Fire Inspection Services
$ 1,000. The deficit is due to fire inspections performed on behalf of the City by Bayport
Fire Department. These fees are collected on permits issued; therefore, fire protection
permits will need to be increased by $1,000.
Page 22 of 118
October 23, 2008
Budget Adjustments
Page 2
I recommend approval of the following budget adjustment:
101 -36100 -000 Intergovernmental Revenue -Other Local Governments — increase
$10,000
101-37080-000 Charges for Services - Development Charge — increase $3,000
101- 40400 -101 Administration - Salaries of Regular Employees — increase $8,000
to $174,700
101- 40400 -409 Administration -PERA Contribution — increase $800 to $14,890
101- 40400 -410 Administration -1~ ICA Contribution — increase $615 to $13,365
101 -40400 -203 Administration - Travel, Conference, Schools — increase $3,585 to
$18,585
101 -37010 -000 Charges for Services - General Government -- increase $2,700 to
$7,700
101 - 41000 -103 Engineering- Professional & Consultant Services -- decrease
$10,200 to $16,800
101- 40690 -415 Insurance - Employee Hospital & Life Insurance — increase $12,900
to $250,900
101 - 34015 -000 Fire Protection Permits -- increase $1,000 to $5,000
101 -41530 -104 Building Inspections — Dire Protection Services — increase $1,000
to $3,000
Page 23 of 118
Tbsfnge R Le Intentionally «bn»
�
m p
Page 24 of 118
Oak Park Heights r;
Request for Council Action
Meeting Date October 28` 2008
Time Required: 5 Minutes
Agenda Item 'ritle: Consider Amending City Ord. 401.15 D - Relating to Accessory Structures and
the use of a Conditional Use Permittinvy Process.
Agenda Placement Old Business /
Originating Department/Reque or, � ' Johnson, City Administrator
Requester's Signature () 1
Action Requested Discussion,/Possible Action
Background /Justification (Pd ase indicate if any previous action has been taken or if other public
bodies have advised):
Please see the enclosed from City Planner S. Richards.
1. Summary Memo dated Sept. 29' 2008
2. Proposed Ordinance Amendments
3. Recommending resolution from the Planning Commission (unsigned)
4. Proposed City Ordinance to be Adopted.
Page 25 of 118
' " NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone; 763.231.2555 Facsimile: 763.231.2561 plan ners(c�jnacplanning.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 29, 2008
RE: Oak Park Heights —Accessory Buildings
FILE NO: 798.04 — 08.01
The Planning Commission, at their September 11, 2008 meeting, discussed Section
401.15.D, Accessory Buildings, Uses and Equipment, to determine if certain provisions
could be amended to allow flexibility through conditional use permit versus variance
review. There are a number of provisions, specifically those related to accessory
building location, setbacks, height, lot coverage, or number of accessory Buildings on a
lot that currently can only be varied by variance, not by conditional use permit. Staff
suggested an ordinance revision that would allow these provisions to be varied by
conditional use permit. A copy of Section 401.15.D, Accessory Buildings, Uses and
Equipment is attached with the provisions to be changed as attached.
The Planning Commission discussed these changes and agreed the Zoning Ordinance
should be amended. They directed staff to schedule a public hearing for the October
meeting for this amendment. A copy of the draft Planning Commission resolution and
City Council ordinance on this issue is also attached.
Page 26 of 118
401.15.D. Accessory Buildings, Uses and Equipment.
1. Connection with Principal Building. An accessory building shall be
considered an integral part of the principal building if it is connected to the
principal building by a covered passageway.
2. Location. No accessory buildings shall be erected or located within any
required yard other than the rear yard_except by approval of _a c o n di ti onal use
permit according to the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
3. HeightlSetbacks. Accessory buildings shall not exceed twelve (12) feet in
height and shall be five (5) feet or more from side lot lines, eight (8) feet from the
rear lot line, and shall be six (6) feet or more from any other building or structure
on the same lot and shall not be located within a utility and/or drainage
easement. Accessory building height may be increased an additional five (5) feet
with approval of the Building Official to match roof pitch or style of a principle
structure. The setback and height re,q� pments under this m be
va ried by ap )roval of a condition �l_usc ' permit as provided foi_. in Section 401.03
and Section 401.1 a_D_13 cif this Ordinance, Accessory buildings may be closer
than six (6) feet to other buildings or structures providing the requirements of the
Building Code are met.
4. Lot Coverage. No accessory building or detached garage or combination
thereof within a residential district shall occupy more than twenty -five (25)
percent of the area of the rear yard -- exc' t by approval of a conditional use
permit accor to the ol'ovisions of Section 401.03 and Section 4.01.15.D.13 of
this Ordinance.
11 5. Number of Structures. No building permit shall be issued for the construction
of more than one (1) private garage or storage structure for each detached single
family dwelling, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section
401.03 and 401.15.D.13 of this Ordinance. Every detached single family
dwelling unit erected after the effective date of this Ordinance shall be so located
on the lot so that at least a two (2) car garage, either attached or detached, can
be located on said lot.
6. Size. No accessory building for single family dwellings or combination of
attached and detached accessory buildings shall exceed one thousand (1,000)
square feet of floor area, except by conditional use permit as provided for in
Section 401.03 and Section 401.15.D.13 of this Ordinance.
7. Administrative Approvals. Storage buildings one hundred twenty (120) square
feet or less and in conformance with the provisions of this Ordinance may be
approved by the Building Official without a building permit, and may be in excess
of the number of structures allowable in Section 401.15.D.5. above.
2 Page 27 of 118
8. Building Permit. No building permit shall be issued for the construction of an
accessory building in a residential district when an existing detached garage or
other accessory building is located on the same lot, except by conditional use
permit as orovided for in Secti 401.03_ and Se ction 401 : 15. D ,13 of this
Ord inance.
9. Size Limit. Except in the case of single family detached dwellings, accessory
buildings shall not exceed thirty (30) percent of the gross floor area of the
principal buildings. In those cases where the standards are exceeded, a
conditional use permit as provided for in Section 401.03 and Section 401.15.D.13
of this Ordinance.
10. Accessory Uses. No accessory uses or equipment such as air conditioning
cooling structures or condensers, swimming pools, and the like which generate
noise may be located in a side yard except for side yards abutting streets where
equipment is fully screened from view.
11. Compatibility. The same or similar quality exterior material shall be used in the
accessory building and in the principal building. All accessory buildings shall
also be compatible with the principal building on the lot. MCompatible® means that
the exterior appearance of the accessory building including roof pitch and style is
not at variance with the principal building from an aesthetic and architectural
standpoint as to cause:
a. A difference to a degree to cause incongruity.
b. A depreciation of neighborhood values or adjacent property values.
C. A nuisance. Types of nuisance characteristics include unsightly building
exterior.
12. Trash Receptacles. All buildings having exterior trash receptacles shall provide
an enclosed area in conformance with the following:
a. Exterior wall treatment shall be similar and/or complement the principal
building.
b. The enclosed trash receptacle area shall be located in the rear or side
yard.
C. The trash enclosure must be in accessible location for pick up hauling
vehicles.
d. The trash receptacles must be fully screened from view of adjacent
properties and the public right -of -way.
e. The design and construction of the trash enclosure shall be subject to the
approval of the Zoning Administrator.
3 Page 28 of 118
13. Conditional Use Permits. Application for a conditional use permit under this
sub - section shall be regulated by Section 401.03 of this Ordinance. Such a
conditional use permit may be granted provided that:
a. There is a demonstrated need and potential for continued use of the
structure for the purpose stated.
b. In the case of residential uses, no commercial or home occupation
activities are conducted on the property.
C. The building has an evident re -use or function related to the principal use.
d. Accessory building shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public
health, safety and general welfare.
e. The provisions of Section 401.03.A.8 of this Ordinance shall be
considered and a determination made that the proposed activity is in
compliance with such criteria.
4 Page 29 of 118
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARR HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL, THAT THE
ZONING ORDINANCE RE AMENDED TO ALLOW CERTAIN
PROVISIONS IN SECTION 401.15.D ACCESSORY BUILDINGS, USES
AND EQUIPMENT TO RE VARIED BY CONDITIONAL USE PERMIT
WHEREAS, the City of Oak Park Heights has considered revising Section
401.15.D, Accessory Buildings, Uses and Equipment to allow certain provisions to be varied by
conditional use permit; and after having conducted a public hearing relative thereto, the Planning
Commission of Oak Park Heights makes the following findings of fact:
1. Section 401.15.1), Accessory Buildings, Uses and Equipment
allows certain provisions, such as number of structures or size, to be varied by conditional use
permit; and
2. Provisions in Section 401.15.D related to accessory building location,
setbacks, height, and lot coverage may be varied only by variance; and
3. City staff prepared a planning report dated September 3, 2008
recommending an ordinance amendment for allowing additional provisions to be varied by
conditional use permit in Section 401.15.D; and
4. The Planning Commission discussed the amendments at their September
11, 2008 meeting, held a public hearing at their meeting on October 9, 2008; took comments
from the public, closed the public hearing, and made the following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARR HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The Zoning Ordinance be amended to allow certain provisions in Section 401.15.D,
Accessory Buildings, Uses and Equipment to be varied by conditional use permit.
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval with the following amendment:
Page 30 of 118
401.15.D. Accessory Buildings, Uses and Equipment.
1. Connection with Principal Building. An accessory building shall be considered an
integral part of the principal building if it is connected to the principal building by a
covered passageway.
2. Location. No accessory buildings shall be erected or located within any required yard
other than the rear yard except by approval of a conditional use permit according to the
provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance.
3. Height /Setbacks. Accessory buildings shall not exceed twelve (12) feel: in height and
shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and
shall be six (6) feet or more from any other building or structure on the same lot and shall
not be located within a utility and /or drainage easement. Accessory building height may
be increased an additional five (5) feet with approval of the Building Official to match
roof pitch or style of a principle structure. The setback and height requirements under
this provision may be varied by approval of a conditional use permit as provided for in
Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be
closer than six (6) feet to other buildings or structures providing the requirements of the
Building Code are met.
4. Lot Coverage. No accessory building or detached garage or combination thereof within
a residential district shall occupy more than twenty -five (25) percent of the area of the
rear yard except by approval of a conditional use permit according to the provisions of
Section 401.03 and Section 401.15.D.13 of this Ordinance.
' 5. Number of Structures. No building permit shall be issued for the construction of more
than one (1) private garage or storage structure for each detached single family dwelling,
commercial, industrial, public or institutional building except by approval of a
conditional use permit according to the provisions of Section 401.03 and 4,01.15.D.13 of
this Ordinance. Every detached single family dwelling unit erected after the effective
date of this Ordinance shall be so located on the lot so that at least a two (2) car garage,
either attached or detached, can be located on said lot.
6. Size. No accessory building for single family dwellings or combination of attached and
detached accessory buildings shall exceed one thousand (1,000) square feet of floor area,
except by conditional use permit as provided for in Section 401.03 and Section
401.15.D.13 of this Ordinance,
7. Administrative Approvals. Storage buildings one hundred twenty (120) square feet or
less and in conformance with the provisions of this Ordinance may be approved by the
Building Official without a building permit, and may be in excess of the number of
structures allowable in Section 401.15.D.5. above.
8. Building Permit. No building permit shall be issued for the construction of an accessory
building in a residential district when an existing detached garage or other accessory
building is located on the same lot, except by conditional use permit as provided for in
Section 401.03 and Section 401.15.D.13 of this Ordinance.
2 Page 31 of 118
9. Size Limit. Except in the case of single family detached dwellings, accessory buildings
shall not exceed thirty (30) percent of the gross floor area of the principal buildings. In
those cases where the standards are exceeded, a conditional use permit as provided for in
Section 401.03 and Section 401.15.D. 13 of this Ordinance.
10. Accessory Uses. No accessory uses or equipment such as air conditioning cooling
structures or condensers, swimming pools, and the like which generate noise may be
located in a side yard except for side yards abutting streets where equipment is fully
screened from view.
Recommended by the Planning Commission of the City of Oak Park Heights this 9th day
of October 2008.
Michael Liljegren, Chair
A'rr Es , r , :
Eric A. Johnson, City Administrator
3 Page 32 of 118
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 401.15.D, ACCESSORY BUILDINGS, USES
AND EQUIPMENT TO ALLOW CERTAIN PROVISIONS TO BE VARIABLE BY
CONDITIONAL USE PERMIT
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.15.1), Accessory Buildings, Uses and Equipment of the Oak
Park Heights Zoning Ordinance is hereby amended to read as follows:
401.15.1). Accessory Buildings, Uses and Equipment.
1. Connection with Principal Building. An accessory building shall be
considered an integral part of the principal building if it is connected to the
principal building by a covered passageway.
2. Location. No accessory buildings shall be erected or located within any
required yard other than the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
3, Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in
height and shall be five (5) feet or more from side lot lines, eight (8) feet from the
rear lot line, and shall be six (6) feet or more from any other building or structure
on the same lot and shall not be located within a utility and/or drainage
easement. Accessory building height may be increased an additional five (5) feet
with approval of the Building Official to match roof pitch or style of a principle
structure. The setback and height requirements under this provision may be
varied by approval of a conditional use permit as provided for in Section 401.03
and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer
than six (6) feet to other buildings or structures providing the requirements of the
Building Code are met.
4. Lot Coverage. No accessory building or detached garage or combination
thereof within a residential district shall occupy more than twenty -five (25)
percent of the area of the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
Page 33 of 118
" 5. Number of Structures. No building permit shall be issued for the construction
of more than one (1) private garage or storage structure for each detached single
family dwelling, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section
401.03 and 401.15.D.13 of this Ordinance. Every detached single family
dwelling unit erected after the effective date of this Ordinance shall be so located
on the lot so that at least a two (2) car garage, either attached or detached, can
be located on said lot.
6. Size. No accessory building for single family dwellings or combination of
attached and detached accessory buildings shall exceed one thousand (1,000)
square feet of floor area, except by conditional use permit as provided for in
Section 401.03 and Section 401.15.D.13 of this Ordinance.
7. Administrative Approvals. Storage buildings one hundred twenty (120) square
feet or less and in conformance with the provisions of this Ordinance may be
approved by the Building Official without a building permit, and may be in excess
of the number of structures allowable in Section 401.15.D.5. above.
8. Building Permit. No building permit shall be issued for the construction of an
accessory building in a residential district when an existing detached garage or
other accessory building is located on the same lot, except by conditional use
permit as provided for in Section 401.03 and Section 401.15.D.13 of this
Ordinance.
9. Size Limit. Except in the case of single family detached dwellings, accessory
buildings shall not exceed thirty (30) percent of the gross floor area of the
principal buildings. In those cases where the standards are exceeded, a
conditional use permit as provided for in Section 401.03 and Section 401.15.D.13
of this Ordinance.
10. Accessory Uses. No accessory uses or equipment such as air conditioning
cooling structures or condensers, swimming pools, and the like which generate
noise may be located in a side yard except for side yards abutting streets where
equipment is fully screened from view.
SECTION 2. The Planning Commission of the City of Oak Park Heights held a public
hearing at their October 9, 2008 meeting, took comments from the public, closed the
public hearing, and recommended that the City Council approve an ordinance allowing
certain provisions of Section 401.15.D, Accessory Buildings, Uses, and Equipment to be
variable by conditional use permit.
2 Page 34 of 118
SECTION 3. This Ordinance shall be in full force and effect upon its passage and
publication.
PASSED this 28 day of October 2008 by the City Council of the City of Oak
Park Heights.
CITY OF OAK PARK HEIGHTS
David Beaudet, Mayor
ATTEST:
Eric A. Johnson, City Administrator
3 Page 35 of 118
This Page Is Left Intentionally Blank.
Page 36 of 118
Oak Park Heights ,� R
Request for Council Action
Meeting Date October 28` 2008
Time Required: 5 Minutes
Agenda Item Title: Consider Amendi nay City Ord. 401.15 G. 8. - Relating to Snecial Event Sianafae
Agenda Placement Old Business
Originating Department/Requestor / Johnson, Citv Administrator
Requester's Signature
Action Requested Discussion, Possible Action
Background /Justification (Pleas indicate if any previous action has been taken or if other public
bodies have advised): i
Please see the enclosed from City Planner S. Richards.
1. Summary Memo dated Sept. 29 2008
2. Recommending resolution from the Planning Commission (unsigned)
3. Current `Definitions' and City Ordinances.
4. Proposed City Ordinance to be Adopted.
5. Related correspondence from the public.
Page 37 of 118
" NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners(c!nacplanning.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 29, 2008
RE: Oak Park Heights — Special Event Signage
FILE NO: 798.04 — 08.02
At their September 11, 2008 meeting, the Planning Commission discussed Section
401.15.G.8, Special Events of the sign section of the Zoning Ordinance. Specifically,
the Planning Commission reviewed the number of allowable special events and their
duration. The section as it is currently written is as follows:
401,15.G.8.
b. Number of Events. The business or applicant in all business and
industrial zoning districts, as well as each public and institutional
use in residential districts, shall be allowed three (3) special events
per calendar year. Each special event shall not exceed ten (10)
days and shall not be extended for a total of three (3) consecutive
time periods for each business. Once the time period has expired
for the special event the applicant shall wait the same number of
days that the sign permit was issued to start a new special event.
The Planning Commission recommended that the number of special events go to five
but the total number of days in a calendar year remain at 30. This was suggested to
allow some flexibility for applicants within the 30 day time period. Additionally, the
Planning Commission did not feel it was necessary to put limits on how the 30 days are
used in terms of individual special events.
Please find below the revised language for Section 401.15.G.8.b, Number of Events:
Page 38 of 118
401.15.G.8.
b. Number of Events. The business or applicant in all business and
industrial zoning districts, as well as each public and institutional
use in residential districts, shall be allowed five 5) three ! special
events per calendar year. The total number of special event days
in a calendar near small not exceed thiijy . ad for an y
pj_pljc business, car pu blic a nd institutional use,
:E r'r
Once the time period has expired for a _'dhc- special event the
applicant shall wait the same number of days that the sign permit
was issued to start a new special event.
A copy of the Planning Commission resolution and draft ordinance for the City Council
is found as attached, as well as the definitions and special events section of the Zoning
Ordinance. The Planning Commission also recommended that a fee of less than
$25.00 be charged for a special event permit. The Planning Commission indicated that
the fee was appropriate based upon the staff time required to process and enforce the
application.
2 Page 39 of 118
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 CI'T'Y COUNCIL THAT THE
ZONING ORDINANCE BE AMENDED TO REVISE THE NUMBER OF
SPECIAL, EVENTS IN A CALENDAR. YEAR WITHIN SECTION
401.15.G.8 OF THE ZONING ORDINANCE
WHEREAS, the City of Oak Park Heights has considered revising Section
401.15.G.8, Special Events to allow more flexibility in allowing special events, specifically to
expand the number of special events allowed in a calendar year; and after having conducted a
public hearing relative thereto, the Planning; Commission of Oak Park Heights makes the
following findings of fact:
1. Section 401.15.G.8, Special Events allows a business or applicant
in all business and industrial districts, as well as each public and institutional use in residential
districts, three special events per calendar year for a total of no more than 30 days; and
2. The City Council reviewed the special events provisions of the Zoning;
Ordinance and requested that the Planning Commission review the provisions, especially as it
relates to number of special events allowed in a calendar year; and
3. City staff prepared a planning report dated September 4, 2008 reviewing
the potential amendment and offered suggestions of how to allow more flexibility; and
4. The Planning Commission discussed the issues and planning report at their
September 11, 2008 meeting; and decided that staff draft an ordinance amendment to allow five
special events per property but not to exceed a total of 30 days in a calendar year; and
5. The Planning Commission directed City staff to schedule a public hearing
on the issue for their October 9, 2008 meeting;;
6. The Planning Commission held a public hearing; at their meeting on
October 9, 2008; took comments from the 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 Zoning Ordinance be amended to revise Section 401.15.G.8, Special Events to allow
more flexibility in allowing special events, specifically to expand the number of special
events allowed in a calendar year.
Page 40 of 118
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval with the following amendment:
401.15.G.8.
b. Number of Events. The business or applicant in all business and industrial
zoning districts, as well as each public and institutional use in residential districts,
shall be allowed five (5) special events per calendar year. The total number of
special event days in a calendar year shall not exceed thirty (30) days for any
applicant, business, or public and institutional use. Once the time period has
expired for a special event the applicant shall wait the same number of days that
the sign permit was issued to start a new special event.
Recommended by the Planning; Commission of the City of Oak Park Heights this 9 "' day
of October 2008.
Michael Liljel ren, Chair
A'1" I EST:
Eric A. Johnson, City Administrator
2 Page 41 of 118
SECTION 2 -- DEFINITIONS (Sign Related).
52. Special Events: A temporary indoor or outdoor promotional or sales
event.
54. Temporary Indoor Promotional or Sales Event: A temporary promotional
or sales event directed towards the general public including only grand
openings, storewide sales, craft shows, registration for day care, an
educational, recreational, civic or religious activity, and community
celebrations.
55. Temporary Outdoor Promotional or Sales Event: A temporary promotional
or special event sale directed towards the general public, including only
grand opening sales, storewide sales of materials and products that are
typically sold or serviced on the premises, registration for day care, an
educational, recreational, civic or religious activity, community
celebrations, warehouse sales, tent sales, sidewalk sales, craft shows,
flea markets, inventory reduction and liquidation sales, and mechanical or
animal rides.
3 Page 42 of 118
401.15.G.8. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first
obtaining a sign permit.
b. Number of Events. The business or applicant in all business and
industrial zoning districts, as well as each public and institutional use in
residential districts, shall be allowed three (3) special events per calendar
year. Each special event shall not exceed ten (10) days and shall not be
extended for a total of three (3) consecutive time periods for each
business. Once the time period has expired for the special event the
applicant shall wait the same number of days that the sign permit was
issued to start a new special event.
C. Permitted Signs and Displays. The signs and displays described below
are permitted for special events in addition to the maximum allowable sign
area, provided they are professionally done and the following standards
are met and complied with:
1) Small Balloons.
a) The size of small balloons or a group of connected balloons
shall not exceed two (2) feet as the largest dimension,
except that balloon arches not exceeding eight (8) feet in
height shall be allowed.
b) Small balloons may be multi colored and incorporate logos
and messages.
c) Helium balloons shall be refilled daily.
2) Tents.
a) Tents, including all ties, ropes, stakes, etc., shall be located
entirely upon the permittee's property and shall comply with
the City's setback requirements for accessory buildings.
3) Bannerettes.
a) Bannerettes may be used on light standards or flag poles.
b) No more than one (1) bannerette shall be allowed per
standard or pole.
C) Bannerettes shall be smaller than any United States flag on
the property, and shall not be flown at a height greater than
any United States flag allowed on the property.
4 Page 43 of 118
4) Banners.
a) Banners may be attached to poles, tents, and buildings,
provided that are well secured and are prevented from being
blown around uncontrollably by the wind.
b) No more than two (2) banners shall be allowed.
c) Banners shall not be larger than one hundred (100) square
feet or higher than the wall of the principal building on the lot.
5) Search lights.
a) Search lights as regulated in Section 401.15.B.7.g.1) of this
Ordinance.
d. Prohibited Signs and Displays for Special Events. The signs or
displays described below are prohibited for special events:
1) Animated signs, light bulb strings, pennants, portable signs,
ribbons, and streamers.
2) Displays or special features on any landscaped areas or on roofs.
3) Aerial rides.
4) Large balloons or collections of small balloons exceeding two (2)
feet in diameter, except for balloon arches not exceeding eight (8)
feet in height.
5) Additional lighting that does not meet this Ordinance.
6) Any sign or display in the public right -of -way.
7) Air inflatable devices.
e. Sign Permit Requirements for Special Event Lot Decorations. Before
any special event signs or decorations shall be permitted to be used for an
event, the responsible property owner or organization shall submit a
completed application for a sign permit with the City. In addition to other
requirements, the applicant shall show that when the event is held,
adequate parking area will continue to exist, even though a portion of
required parking spaces may be used to celebrate the event. Only after
the City issues the sign permit, may a business display the special event
signs and decorations.
5 Page 44 of 118
f. Violations.
1) It is a violation for any person, company, or organization to provide,
erect or display any beacons, balloons or other advertising device
which is not in conformity with the provisions of this Section.
2) Special event signs and decorations not removed by the last day of
the special event.
6 Page 45 of 118
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE REVISING THE NUMBER OF ALLOWABLE SPECIAL EVENTS
WITHIN SECTION 401.15.G.8, SIGN PROVISIONS OF THE ZONING ORDINANCE
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.15.G.8.b, Number of Events, of the Special Events section of
the sign provisions of the Oak Park Heights Zoning Ordinance is hereby amended to
read as follows:
401.15.G.8.
b. Number of Events. The business or applicant in all business and
industrial zoning districts, as well as each public and institutional
use in residential districts, shall be allowed five (5) special events
per calendar year. The total number of special event days in a
calendar year shall not exceed thirty (30) days for any applicant,
business, or public and institutional use. Once the time period has
expired for a special event the applicant shall wait the same
number of days that the sign permit was issued to start a new
special event.
SECTION 2. The Planning Commission of the City of Oak Park Heights held a public
hearing at their October 9, 2008 meeting, took comments from the public, closed the
public hearing, and recommended that the City Council approve an ordinance to change
the allowable number of special events within the sign provisions of the Zoning
Ordinance.
SECTION 3. This Ordinance shall be in full force and effect upon its passage and
publication.
PASSED this 28 day of October 2008 by the City Council of the City of Oak
Park Heights.
CITY OF OAK PARK HEIGHTS
David Beaudet, Mayor
Page 46 of 118
ATTEST:
Eric A. Johnson, City Administrator
2 Page 47 of 118
S MOTORS.com
13UICK • CHEVROLET • Jeep
o FAMILY OWNED SINCE 1922
(651) 439 -4333 • FAX (651) 439 -4425
5900 Stillwater Boulevard North • P.O. Box 337
Stillwater, Minnesota 55082
October 7, 2008
In regards to: City Sign & Special Event Ordinance
Oak Park Heights
Planning Commission
14168 Oak Park Blvd
Oak Park Heights, MN 55082
To Whom It May Concern:
I am writing to request consideration of my concerns regarding the City Sign and Special
Event Ordinances and Policies.
Having Buick, Chevrolet and Jeep new vehicle franchises requires advertising certain
Sales and Special Events that happen year around.
Part of our Franchise Agreement states that we are expected to Promote and Display
Banners, Promotional Material, and Articles sent to us from Manufacturers as required
relative to Special Sales Events.
In addition, please re- consider the use of Pennants, Banners, etc, that will help us show
that we are still active, open and alive as an Auto Dealer given the current difficult
economic situation.
Sincerely,
Daniel J Raduenz
President
Stillwater Motor Company
OCT -- 7 2008 /
1
Comment Received on Special Event Public Hearing
Received October 9, 2008
1 saw the proposed amendment, I wish I could attend tonight but I cannot, If I were there I would
voice my opinion that 30 days out of a calendar year is only 8% of the days. In my opinion, as a
new small business owner, that is too small of amount of time to promote special events. I believe
that these banners /signs are crucial to the success of businesses. Thanks.
Ann Whitcomb
Little Victories Child Care
Page 49 of 118
Julie Hultman
From: Maggie Christensen [ciinic0277 @massageenvy.com]
Sent: Thursday, October 09, 2008 2:26 PM
To: Julie Hultman
Subject: Special Events Ordinance revision
To Plan Commission of City of Oak Park Heights:
First, Thank you for allowing input to this ordinance revision.
As a "brand new" business owner in Oak Park Heights, it is extremely important to create highly visible advertising for the
new location. Usually signs are expensive and difficult to install and to remain visible. For these reasons, I would suggest
a few changes to assist the new business owner.
Allow more consecutive days for an event so installation is minimized.
In other locales, it is typically 14 - 21 days.
Eliminate the wait time days between events. Again, this is to reduce the installation expense and to create the awareness
of a special event for a greater length of time, as needed. Also, if the permit times run consecutively, it could benefit the
business.
Increase the total number of days per year. Most advertising occurs in the non- winter months so we need to maximize the
summer time.
Again, thank you.
Gloria WahrenBrock
Owner
Massage Envy - Stillwater
5901 Norwich Avenue North
Stillwater, MN 55082
Phone- 651 - 430 -0300
Fax- 651 -430 -0303
i Page 50 of 118
Oak Park Heights ; : w
Request for Council Action
Meeting Date October 28` 2008
Time Required: 3 Minutes
Agenda Item Title: Consider Appointing a City Representative to the Visual Oualitv Advisory
Committee
Agenda Placement New Business '
-,r i hnson, Citv Administrator
Originating De artmeni /Req sto r
P
Requester's Signature
Action Requested — Conside --a pointing a Citv of Oak Park.-Heiahts member to serve on a
Visual QualEtyAdAc visory—Cm�n�i tee_
Background/Justification" (lease indicate if any Previous action has been takers or if other Public
bodies have advised) -
The City has received a request from MNDOT seeking the participation of a City of Oak
Park Heights representative on an upcoming Visual Quality Advisory Committee. This
committee will be asked to further refine various design and visual quality aspects of the
bridge, etc.
(For the value of historical reference I enclosed some of the more recent correspondence
between the City and MNDOT relating to the Visual Quality Manual - both from early 2007)
Page 51 of 118
b Minnesota Department of Transportation
,
Metropolitan District
Waters Edge
1500 West County Road B-2
Roseville MN 55113-3174
October 9, 2008
Dear Sir/Madam:
St. Croix River Crossing Project — Refinement of New River Crossing -
Visual Quality Advisory Committee (VQAC) Invitation
As you are aware, Stakeholders, Mn/DOT, WisDOT and FHWA have been developing
the St. Croix River Crossing Project. Status information on the project can be found at
litti)://www.dot.state.iiiii.us/metro/i)i
In June of 2006, the project's Supplemental Final Environmental Impact Statement
(SFEIS) was completed with the Record of Decision signed by the FHWA in November
of that same year. The SFEIS documented the new river crossing bridge location and
type, the future use of the Lift Bridge, the roadway approach designs and a mitigation
package to offset the impacts of the project.
A main issue of the project continues to be the potential visual impacts of constructing
this project. A Visual Impact Assessment (VIA) was completed as part of the SFEIS and
is found in Chapter 7 at ]ittl�://
In addition to the VIA, a Visual Quality Manual (VQM) was completed for the project
with involvement from the Stakeholder Group, the public and agencies. The VQM can
be found at htti)://www.dot.state.7iiii.'Us/i)acti with
additional visualizations found at
13 tti)://www.dot.state,mi3.us/iiieti - o/t)ro i ects /steroix/vistial.litiii
One of the next steps in the development of the St. Croix River Crossing Project is to
further refine the new river crossing bridge type as described in the SFEIS and VQM. In
order to do this, Mn/DOT and WisDOT will be hiring consultants to work with a subset
of the Stakeholder Group called the Visual Quality Advisory Committee (VQAC). Tile
role of the VQAC will be to provide input, review, and comment throughout the process
on issues that may potentially impact the visual aspect of the bridge, such as: the split
deck, the stopping sight distance geometries issue, the two versus three pier column issue,
lighting, etc.
The VQAC is anticipated to be made up of representatives from the Cities of Oak Park
Heights, Stillwater, Bayport, Town Of St. Joseph, State Historic Preservation Officers and
Page 52 of 118
An equal opportunity employer
the National Park Service. The VQAC will work with the DOT's and the consultant
teams throughout this next phase of the project.
You have been identified as a potential member of the VQAC. We expect your
participation will include attending up to 6 meetings over the next 12 months. And the
first meeting is anticipated to be held in December of this year. At that meeting, a
schedule for the project and future meeting dates will be determined.
Please let us know by November 10, 2008 if you are willing to serve on the VQAC.
Contact Tom Styrbicki in Mn /DOT's Bridge Office at 651/366 -4456 if you are interested.
Tom will be the lead person for this bridge design phase of the project.
Thank you for your continued involvement in this project.
Sincerely,
Todd Clarkowski
MnDOT's East Area Manager (Acting)
Cc:
Mn /DOT:
Darr Dorgan
Nancy Daubenberger
Erik Wolhowe
Tom Strybicki
Tom Okeefe
Adam Josephson
Mary McFarland
Joey Lundquist
Monty Hamri
Mike Herman
Ed Boytim
Jackie Sluss
Kristen Zschornler
WlsDOT:
Tom Bcekman
Bill Dreher
Terry Pederson
Paul Conlin
Bob Newberry
Page 53 of 118
FHWA;
Jean Wallace
Cheryl Martin
File
Page 54 of 118
n,,�+N�soT4y Minnesota Department of Transportation
r
o Metropolitan District
�fiTaP 5
�¢ Waters Edge
m
y �
1500 West County Road B -2
Roseville MN 55113 -3174
March 19, 2007
Eric Johnson -- City Administrator
City of Oak Park Heights
14I68 Oak Park Blvd N — Box 2007
Oak Park Heights, MN 55082
Re; Visual Quality Manual City comments
Dear Mr, Johnson
This response is to the city's comment letter dated February 5, 2007 on the St. Croix
River Crossing Projects Visual Quality Manual (VQM).
The Visual Quality Review Committee (VQRC) was a sub -group of the 28 member
Stakeholder Group. The Stakeholder Group came to consensus oil the projects preferred
alternative location, design, bridge type, mitigation package, and future use of the lift
bridge. The VQRC had representatives frond community, historical, environmental, and
transportation interests and developed the VQM recommendations by taking into account
these varied perspectives. The city was represented on both the Stakeholder and Visual
Quality committees.
This .final VQM defines the visual direction of the VQRC as to what the project will look
like. Project designers will utilize the recommendations in the VQM during the
development of the projects construction plans. The VQM recommendations are
encompassing but do not cover all issues and the VQRC has recommended a mechanism
for future aesthetic decisions.
"To maintain continuity and ensure that the guidance and intent provided during
the planning process is conveyed to future project participants, a Visual Quality
Advisory Committee will be formed. Advisory Committee members will be made
up of a smaller group of the VQRC and include community, resource, and
National Park Service representatives. The Advisory Committee will work with
the DOTs, designers, and contractors to provide input, comment, and review as
Project design and construction phases develop." (VQM, Section 10.1)
The graphics in the VQM and the animation give a good overview of what the project
will look like from a variety of perspectives. Feedback during the VQRC process, the
development ofthe VQivi, including the mid -point and the final open houses, provided
valuable feedback that helped shape the recommendations depicted in the VQM and in
the future the projects design.
Page 55 of 118
Tile following addresses the other comments provided in the city's conimcnt letter.
® Facility maintenance, project costs, and layout issues are beyond the scope of the
VQM; these issues have beet, d
C ity /MnDOT MOU.
iscussed and are included in the draft
:
The deicing pump house planned for the bridge is addressed in the draft MOU and
mentioned in the VQM (page 3 -9). ft is located in a well screened secluded area.
The VQM does not recommend any specific treatments for the building. The
draft MOU states that Mn /DOT will coordinate with tiro City on the buildings design so it is consistent with City Design Guidelines.
® The trails and trail crossings proposed with tie project are shown on the project
I
ayout. The layout shows three at -grade trail crossings at intersections alon Uw
95 and access is provided to the river. g y
in the VQM (page 9 -8), shoe box lighting is recommended at the intersections
along Hwy 36; however, cobra head lighting is recommended on the river bridge
and at the Hwy 36/95 ramp intersections because their curvilinear- shape is more
in keeping with the curved forms incorporated into the river bridge design. Some
other type of curved light fixture may also be appropriate for this area and will be
considered when the project is in the design phase,
® City Gateways are discussed in Chapter 9 of the VQM. The table on page 9 -20
suggests possible areas for city gateways. Defining file eventual location and the
actual devcloprlrcrzt of a city gateway will require a separate locally lead effort.
The VQM only provides general information on city gateways.
Deleting the Oak Park Heights reference on page 2 -1 was conveyed to the editors,
that it was not deleted was an oversight on my part.
All comments will be considered as project development continues. Any significant
changes to the recommendations defined in the VQM will be discussed by tile Visual
Quality Advisory Committee (VQAC) discussed in Chapter 10 so that the project
maintains continuity with the VQRC recommendations in the manual. The VQAC
discussions will take place during the detail desi
Heights representative, gn process and include an Oak Park
'Thank -you for the city's participation in the VQRC process, no formal approval of the
VQM is needed by the city.
Sincerely,
Adam .loscphson
East Area Engineer
Page 56 of 118
City Of Oak 'ark H,ight,
14165 Oak 1'ar1c I31vc1. N e Box 2007. �
Oak 1 ark Heights. MN 55082. Phone (651) 439-4439 Fax (651) 439_0574
Februar 5, 2007
Mr. Dave Hall, Architectural Specialist
Minnesota DOT — Oakdale Offices
3485 Hadley Avenue North
Oakdale, MN 55125 -3307
RE: Visual Quality Manual
Dear Mr. Hall:
The City is in receipt of the Visual Quality Manual V
had an appoz tullity to review the document and have ti of owidng co m nts: We have
s.
1 ) On February 20`, 2006 the City sent correspondence to your o1r1ce With commentary at that time on the DRAFT' V h our
As you will recall the City indicated that, QM that was provided in Iate 2005.
"...1he YQ_A71hai the City has i °eceived as a draft docurzzent is
several secliorzs, rruips 01, dialvirzgrs rnisAsirz�r rlceor irzconzplete with
drrz�rly it is vernal .
112e City 10 cornnaerzt orz the viabilil o the entire dvcrsn l y until inat u unit
I� ur e for
has been provided 10 r evicry the male ial irz ils entirety.
y
Since that date the City was not provided any interim drafts zjor was it Update
with a final draft version for commentary and inclusion into the FINAL d
document. Additionally, no public notice was mailed to area residents
advising them of the final public open house or this FINAL document.
2 ) As commented in 2006, the City does not find a discussion of what a r ,.
entity will be responsible for the co ntinued maintenance on sidewalks, trails,
responsibilities..
trees, plantings, gardens, etc. To date the City has not agreed to assume these
3 ) As commented in 2006, the City has not been provided any additional
information regarding the construction and operation of a "pumphou
require planning and se"
necessary to Provide the new bridge deck with a de -icing system. This will
engineering review by the City as Mnnn A T
comply with 'L]-- City's Design Guidelines. I will utilities be provided to to
this facility? Will there be tanks of fluid or other stored materials rzals on site?
Page 57 of 118
4 As commented in 2006, the City asked that the second paragraph in the right-
} hand column of page 2 -1 be amended to delete the phrasing "The name Oak
Park Heights implies ". We dote that. this was not changed. page 3 -1
5) As commented in 2006, the Cites & 95 Interchange is in the City of Oak
contain a statement that the S
Park Heights, as opposed to its relationship to the City of Stillwater. We note
that this was not changed.
as the
6) Page 9 -8 references the use of shoebox lighting s that the VQRC express a "desire
preferred system. This page however state ar
to avoid cobra head roadway lighting ", T h e iwrlighting h om ndCnts i requires � the VQ
use of shoebox style lighting and is consistent
on page 9 -6 discussing conceals of "1g3 the use of t1 Cob �e o night ng is
shown in Figure 5.3(on page 5.7); again
prohibited in the City of Oak Park. Heights.
7) Fi 9 -21 and 9 -23 discuss gateway locations for Stillwater, Bayport and
St. Joseph (WI); there is not a similar di for the City of Oak
Park Heights. Additionally, gateway consideration should be placed in the city
for which they highlight, not in other communities.
g) The process identified from the public ind house e w t ereb e invited tae not
followed. The depictions of the various g designs t 'rhe public be involved in the selection of d bridge
e t eople saw at his z� beta g. type
Tl e
ype. the public selected is no longer the b g the p is now twice as thick and
third support pier, the thickness of the road support
the superstructure of the cables is just clan embe 2005e no 11e
needed to support the structure ar e all g s fra � Septe
public open house must be reopened to allow the public to see all bridge types
and select one with accurate information.
9} The impact f Sunnyside looking out Wisconsin River bluff, Lookin out
piers almost completely obscuring the
to see 1 &, 25 foot diameter, 75 to 150 tall bridge piers
toward the one gets
r up to support a 28 f thick bridge, r er p theserhome ont
of Sunnyside. This will greatly reduce p P
was
10) Following a February 2006 city review
pr of an h d to e iewl a
expecting to review a 95 or high
limited 11 day general public notice to the people of the final visual manual
open House was staged for an inadequate public
day of the p e house was
Press published a story to alert t public
a mailing to the public similar to 2005 not used?
11) The final roadway layout has not been app roved � City may r ant t e match the
make major changes to this roadway p �, --m
g
new Beach Road, 36 over 95 and the Sunnysi Brzdgc to �•�
highway 5 bridge design. The City may review the various river bridge types
that were proposed and select one that would reduce the impact on the City.
Page 58 of 118
12) The City has yet to receive for review the depiction of trails proposed with the
plan in detail. The trail across TH 95 must be grade separated with a bridge
since this is a goal of the city to have a major trail connection to the river.
It is the City's understanding that the VQM is only to be used as general guide (as
discussed on page 1 -6) for design and application, but not something that should be taken
as fundamentally conclusive or a final template. Considering this, we would ask that
MnDOT provide a definitive statement to the City that this understanding is accurate and
what the exact role the VQM will be. Additionally, we ask the MnDOT provide
commentary to the points discussed herein for future attachment to the FINAL version of
the VQM.
Please note: The City has not approved VQM and the City reserves its Fights to offer
further commentary and to object to unacceptable elements.
Please let me know if you have any questions.
?—/7 ceae
____Iwric .TnI . ara
City A ninrator
Cc: Adam Josephson, P.E.
Minnesota DOT - Waters Edge Bldg,
1500 West County Road I3 -2
Roseville, MN 55113
Terry Pederson, P.E.
WisDOT
718 W. Clairemont Ave.
Eau Claire, WI 54701
Page 59 of 118
This Ilage is Left Intentionally 131nnk.
Page 60 of 118
Oak Park Heights
Request for Council Action
Meeting Date October 28` 2008
Time Required: 5 Minutes
Agenda Item Title: Snyder Druf4 Stores / Stillwater Crossinv-s: Site Plan, Desivn Guidelines Review
and PUD Amendment to Allow Drive -thru.
Agenda Placement New Business
Originating Department/Re txest r is Johnson, City Administrator
Requester's Signature
Action Requested Discussion, Possible Approval
r
/
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the enclosed from City Planner S. Richards:
1. Planner's Report dated Oct 2 2008 - { exhibits can be found in the Oct
Planning Packet)
2. Recommending Resolution from the Planning Commission (unsigned)
3. Proposed City Council Resolution
Page 61 of 118
z,.. :. NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golder) Valley, M1 55422
Telephone: 763.231.2555 facsimile: 763.231.2569 planners @nacp[annincg.com
PLANNING REPORT
TO: Eric Johnson
FROM: Carie Fuhrman /Scott Richards
DATE: October 2, 2008
RE: Oak Park Heights — Stillwater Crossings — Site Plan Review,
Design Guideline Review, and PUD Amendment to Allow a Drive -
Through for Snyder's Drug Prescription Window
FILE NO: 798.02 — 08.10
BACKGROUND
Application. Stillwater Crossings, LLC, has applied for a PUD amendment, site plan
review, and Design Guidelines review. The PUD amendment request is to allow for a
drive- through for a Snyder's Drug prescription window to be located on the south side of
the Stillwater Crossings retail center on Lots 7 and 8, Block 2, St. Croix Mall P.U.D. 2 n "
Addition. The Snyder's Drug Store shall occupy Suites J and K in the building at 5850
Osgood Avenue.
Snyder's Drug Store is currently located in the St. Croix Mall, In May of 2010, their
lease expires, and the store shall be moving to the Stillwater Crossings retail center
(Lower St. Croix Mall). The retail center is currently located on the southwest corner of
Highway 36 and Osgood Ave N. Snyder's shall be located in the southeast corner of
the retail center. Snyder's is proposed to be approximately 2,550 square feet in ground
floor area, and the drive- through lane is proposed on the south side of the building.
Attached for Reference:
Exhibit 1 — Site Plan Dated 06.01.08 (C101)
Exhibit 2 — Stillwater Crossing Tenant Layout
Exhibit 3 — Site Plan /Drive- Through Alternative 1 Dated 09.09.08 (C101)
Exhibit 4 — Exterior Elevations /Enlarged Site Plan (Alt 1) Dated 09.09.08 (A201)
Exhibit 5 — Site Plan /Drive- Through Alternative 2 Dated 09.12.08 (C101)
Exhibit 6 — Exterior Elevations/Enlarged Site Plan (Alt 2) Dated 09.12.08 (A201)
Exhibit 7 -- Lighting Summary by ALD, Inc.
Exhibit 8 — Lighting Plan (indicating foot candles)
Exhibit 9 — Specs for Wall - Mounted Lighting (WSQ) Page 62 of 118
Exhibit 10 — Specs for Pale- Mounted Lighting (KAD /KAC)
Exhibit l l — Sign Detail: Raceway Mount Letter Set
Exhibit 12 — Sign Detail: Tenant ID Panel
Exhibit 13 — Trash Enclosure Sketch (A.1)
Exhibit 14 — Trash Enclosure Photographs
ISSUES ANALYSIS
Site Analysis. The subject site is surrounded by Highway 36 to the north; Osgood
Avenue North to the east; 59 Street North to the south; and Oren Avenue North to the
west. Snyder's is proposed to be located in Suites J and K of the existing Stillwater
Crossings retail center, on the south end of the building. Currently, there are numerous
tenants within the retail center, including Natural Nails, Metro Dental, Dl-1 Wireless,
Buttercream, Carbone's, and Liquor Time. Another building is located to the west of the
proposed Snyder's Drug Store. Parking is located to the south and east of the
proposed Snyder's store, and the drive - through is proposed on the south side of the
building.
Zoning. The Stillwater Crossings retail center (Lower St. Croix Mall) property was
granted Planned Unit Development /Conditional Use Permit approvals under the B -2,
General Business District. Therefore, Lots 7 and 8, Block 2, St. Croix Mall PUD 2nd
Addition are zoned B -2, General Business District. Site plan review, Design Guidelines
review, and a PUD amendment are all required in order for this request to be
processed.
Parking Lot Design.
Number of Parking Spaces. The Ordinance requires six spaces per each one thousand
square feet of gross floor area for a shopping center. The entire building contains 15,047
square feet at Stillwater Crossing.
Floor Area of Stillwater Crossing: 15,047 sq ft x 0.9 4 13,542.3 sq ft
13.5423 x 6 parking spaces = 81.25
Total = 82 parking spaces
The parking lot serving Stillwater Crossings Shopping Center contains 83 parking
spaces, which meets the Ordinance requirement of 82 parking spaces.
Entrance /Exit. The ingress /egress to the south end of the shopping center is located on
the south end of the site off of 59 Street North, which intersects with Highway
67 /Osgood Avenue North.
Drive - Throuqh Prescription Druq Store. The drive - through window is proposed on the
south side of the building and will contain a canopy overhead. The applicants originally
proposed two different layouts for the drive - through. The first alternative (C101 and
A201 dated 09/09108) approaches the drive - through coming from the south (from 59
Street North) and turning east (towards Osgood Avenue North). The second alternative
2 Page 63 of 118
(0101 and A201 dated 09112108) approaches the drive - through coming from the north
(through the parking lot) and turning west.
The applicants have decided to proceed with the first alternative. Staff finds this
alternative sufficient to serve the drive - through prescription needs. Staff would suggest
that a curb island be placed extending west from the building to allow for at least one
stacking space.
Lightinq Plan. A Lighting Plan has been submitted by Architectural Lighting Designs,
Inc. (ALD, Inc.).
Fixtures. The Lighting Plan specifies two types of lighting fixtures: Type A and Type W.
Type A (Emco Avalume) is a full cutoff light with an internal house side shield, located
on a 20 foot pole, with a three foot tall base, which meets the Ordinance maximum of 25
feet. Type W (Gardco 106 Line) is a full cutoff, wall- mounted light, located at 14 feet
high. The spec sheets include an illustration of each type of light fixture.
Intensity. The intensity of the proposed Lighting Plan appears to meet the requirements
of the Ordinance, which requires that any light on a public street shall not exceed one
foot candle as measured from the center line of said street, nor shall any light on a
residential property exceed four - tenths foot candles as measured from said property.
Location. The Lighting Plan proposes eight lighting fixtures of each type of fixture:
eight pole - mounted lights and eight wall - mounted lights. The eight pole- mounted lights
are proposed on the exterior portions of the parking areas of the Stillwater Crossings
retail center, which meet the setback requirements. The eight wall- mounted lights are
proposed on the exterior of the retail center, facing the parking areas.
Hours. The use of outdoor lighting for parking lots serving commercial and industrial
businesses shall be turned off one hour after closing, except for approved security
lighting.
Landscape Design. Not applicable.
Signage. Stillwater Crossings is subject to the provisions of the Zoning Ordinance
related to multiple occupancy business structures (Section 401.15.G.10.d.). However, a
change in signage and awnings was approved for the property in October of 2001.
1) Walls SiaDgge. The application materials include details on the proposed signs
for the east elevation of the Snyder's building. This building elevation shall
contain a two foot by 15 foot, nine inches Raceway Mount LED Channel Letter
Set sign that states: SNYDER'S DRUG STORES. In addition, signage is
proposed on the drive - through canopy that states PHARMACY DRIVE THRU,
which appears to be approximately two feet by three feet in area.
Staff Comment: The number of individual wall signs shall be limited to one per
entrance, and each sign shall be limited to the maximum wall sign allowances permitted
in the district. Tenants on building ends may have a maximum of two signs each to be
3 Page 64 of 118
located at the front and side elevations of the tenant space. The pharmacy drive -thru
sign on the canopy is permissible but cannot be back lit.
2) In addition, two one foot, eight inches by 10 foot Tenant ID Panels are proposed
to be placed in the existing illuminated double -faced pylon sign. These panels
shall also state: SNYDER'S DRUG STORES. The addition of these panels
appear to meet the requirements of the freestanding sign requirements for a
mixed use occupancy building, which requires that the freestanding sign cannot
exceed 100 square foot and a maximum height of 20 feet.
The maximum individual sign sizes for multiple occupancy structures and
individual businesses that may display a sign shall not exceed the maximum
provisions for single occupancy structures of the applicable zoning district.
Hours of Operation. Signs in the RTB, B -1, B -2, B -3, B -4, B -W, and I Districts may only
be illuminated during business hours, or until 11:00 PM, whichever is later.
Building Type and Construction.
Exterior Finishes. The building that Snyder's is proposing to move into is existing. It is
composed of stucco and fieldstone veneer on the exterior. A canopy is existing on the
east elevation, which is proposed to remain. The applicants are proposing minor
changes to the building, such as: removing existing windows and an entrance on the
east elevation in the center of the building and installing new windows and infill with new
veneer to match the existing exterior finishes. In return, they are proposing to remove
existing windows and stone veneer to the side of the east elevation and installing new
doors and windows to match the existing doors and windows.
On the south elevation, the applicants are proposing to add a drive - through canopy to
match the existing canopy and to install a new window below the canopy for the drive -
thru. In addition, they plan to remove the existing wall, stone veneer, and existing
windows in order to place a new door in its place.
Quality. As was stated above, the building is existing, but the proposed modifications
appear to meet the quality standards of the Ordinance, which states that buildings in all
zoning districts shall maintain a high standard of architectural and aesthetic
compatibility with surrounding properties to ensure that they will not adversely impact
the property values of the abutting properties or adversely impact the public health,
safety, and general welfare.
Trash Enclosure. Details on the proposed trash enclosure have been provided (see
Exhibits 13 and 14). The trash enclosure is proposed to be located in the rear of the
Stillwater Crossings building. It shall be composed of a 23 foot by 23 foot concrete pad
with a wood enclosure that shall occupy approximately half of the concrete pad and
shall be painted to match the color of the building. The wood enclosure shall contain
two 10.5 foot wide gates with lock bolts. The proposed trash enclosure appears to meet
the requirements of the Ordinance.
Grading and Drainage. Not applicable.
4 Page 65 of 118
RECOMMENDATION AND CONCLUSION
After reviewing the request and the criteria and conditions for the site plan review,
Design Guidelines review, and PUD Amendment, staff recommends approval of the
proposed drive - through prescription window to be located on the subject site. The
recommendation is made with the following conditions:
1. Staff would suggest that a curb island be placed extending west from the building
to allow for at least one stacking space.
2. The use of outdoor lighting for parking lots serving commercial and industrial
businesses shall be turned off one hour after closing, except for approved
security lighting.
3. The pharmacy drive - through sign on the canopy is permissible but cannot be
back lit.
4. Signs in the R -B, B -1, B -2, 8--3, B -4, B -W, and I Districts may only be illuminated
during business hours, or until 11:00 PM, whichever is later.
e
5 Page 66 of 118
A RECOMMI?NOING RESOLU'T'ION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEICA-ITS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY STILLWATER CROSSINGS LLC FOR A PUD
AMENDMENT, SITE PLAN REVIEW, AND DESIGN GUIDELINES
REVIEW TO ALLOW FOR A DRIVE - THROUGH PRESCRIPTION
WINDOW TO BE LOCATED AT THE SOUTH SIDE OF THE
STILLWATER CROSSINGS RETAIL CENTER AT THE SOUTHWEST
CORNER OF HIGHWAY 36 AND OSGOOD AVENUE NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Stillwater
Crossings LI,C for a PUD amendment, site plan review, and Design [.guidelines review to allow
For a drive - through prescription window to be located at the south side of the Stillwater
Crossings Retail Center at the southwest corner of I-lighway 36 and Osgood Avenue North; 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 Nvit:
S ;I; AT'FACIIMI NT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SIa,1 A'Ff CI- 1MI`,NT B
and
3. The property is zoned B -2, General Business District with the St. Croix
Mall 1'UD as an overlay. A PUD amendment is required for any substantial changes to the site
including the addition ol'the drive - through; and
4. City staff prepared a planning report dated October 2, 2008 reviewing the
request; and
5. City staff recommends in the October 2, 2008 planning report that the
requests be approved with conditions; and
Page 67 of 118
6. 'I'he Planning Commission held a public hcaring at their October 9. 2008
mectint). tool: commcnts from the applicants and public. closed the public hearing„ and made the
lollowing recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT `I HE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. T11c application submitted by Stillwater Crossings LLC for a PUD amendment, site play
review, and Design Guidelines review to allow for a drive - through prescription Nvindow to be
located at the south side of the Stillwater Crossings Retail Center at the southwest corner of
I- lighway 36 and Osgood Avenue North and affecting the real property as follows:
SEE A "fTACI -IM1 NT A
Be and the same as hereby recommended to the City Council of the City of Oak Park I leights for
approval with the following conditions:
I. A curb island be placed extending west from the building to allow for at least one
stacking space.
2. The use of outdoor lighting for parking lots saving commercial and industrial businesses
shall be turned off one hour after closing, except for approved security lighting.
3. 'f lie pharmacy drive - through sign on the canopy is peri but cannot be back ht.
4. Signs in the B -2 District may only be illuminated during business hours, or until 11:00
PM, whichever is later.
5. The applicant shall provide a plan for landscaping and providing an effective barrier
system for vehicles that jump the curb at the shopping center entrance off' of Osgood
Avenue. The plan shall be subject to review and approval of City staff.
Recommended by the Planning Commission of the City of Oak Park Heights this 9 °i clay
of October 2008.
Michael Liljcgrcn, Chair
A'f '17 E ST:
Eric A. Johnson, City Administrator
2 Page 68 of 118
ATTACHMENT A
Design Guideline Review, Site Plan Review
& Planned Unit Development Amendment
For Snyder's Drive Through Prescription Window
Stillwater Crossings
Legally described as: Lots 7 & 7, Block 2, St. Croix Mall P.U.D 2" Addition
Washington County GEO Codes: 04- 029 -20 -12 -0024 & 04- 029 -20 -12 -0025
Page 69 of 118
ATTACHMENT B
.
Design Guideline Review, Site Plan Review
& Planned Unit Development (PUD) Amendment
For Snyder's Drive Through Prescription Window
Stillwater Crossings
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 I IX17 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 Staternent(s) /Legal Description(s)
Conference With City Staff Upon Application Submittal: September 25, 2008
Required Approvals: PUD Amendment
City Council 415
PUD Amendment - Limitation on General Concept Plan Approval:
Unless a General Plan of Development covering the area designated as in the General Concept
Plan as the first stage of the PUD has been filed within twelve (12) months front the date Council
grants General Concept Plan approval, or in any case where the applicant fails to file General
Plan of Development Stage and Final Plans and to proceed with development in accordance with
the provisions of this Ordinance and of an approved General Concept Plan, the approval may be
revolted by Council action. (401.06.C.2.e)
Page 70 of 118
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK l- E16,11TS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY STILLWATER CROSSINGS LLC FOR A PUD
AMENDMENT, SITE PLAN REVIEW, AND DESIGN GUIDELINES
REVIEW TO ALLOW FOR A DRIVE - THROUGH PRESCRIPTION
WINDOW TO BE LOCATED AT THE SOUTH SIDE OF THE
STILLWATER CROSSINGS RETAIL CENTER AT THE SOUTHWEST
CORNER OF HIGHWAY 36 AND OSGOOD AVENUE NORTH
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Stillwater
Crossings 1.1,C for a PUD amendment, site plan review, and Design Guidelines review to allow
for a drive - through prescription window to be located at the south side of the Stillwater
Crossings Retail Center at the southwest corner of Highway 36 and Osgood Avenue North; 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 Ileights males the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE A,"1 TACHMl:N`l' A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE AT'T'ACHMENT 13
and
3. The property is zoned I3 -2, General Business District with the St. Croix
Mall PUD as an overlay. A PUD amendment is required for any substantial changes to the site
including the addition of the drive - through; and
4. City staff prepared a planning report dated October 2, 2008 reviewing the
request; and
S. City staff recommends in the October 2, 2008 planning report that the
requests be approved with conditions; and
Page 71 of 118
6. The Planning Commission lield a public hearii-io at their October 9. 2008
mectim ), cool: commcrnts from the applicants and public. closed the public hcarin'.. rind
recommended that the application be approved with conditions.
NOW, THERE ORE, BE IT RI SOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by Stillwater Crossings LLC for a PUD amendment, site plan
review, and Design Guidelines review to allow for a drive - through prescription window to be
located at the south side of the Stillwater Crossings Retail Center at the southwest corner of
I lighway 36 and Osgood Avenue North and affecting the real property as follows:
SIHIE ATTACHM1 A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with
the following conditions:
1. A curb island be placed extending west from the building to allow for at least one
stacking space.
2. The use of outdoor lighting for parking lots serving commercial and industrial businesses
shall be turned off one hour after closing, except for approved security lighting.
3. The pharmacy drive - through sign on the canopy is permissible but cannot be buck lit.
4. Signs in the B -2 District may only be illuminated during business hours, or until 11:00
PM.. whichever is later.
5. The applicant shall provide a plan for landscaping and providing an effective barrier
system ioa• vehicles that . jump the curb at the shopping center entrance off of Osgood
Avenue. The plan shall be subject to review and approval of City staff.
Approved by the City Council of the City of Oak Park Heights this 28 "' day of October
2008.
David Beaudet, Mayor
AT" TEST:
Eric A. Johnson, City Administrator
2 Page 72 of 118
ATTACHMENT A
Design Guideline Review, Site Plan Review
& Planned Unit Development Amendment
For Snyder's Drive Through Preseription Window
Stillwater Crossings
Legally described as: Lots 7 & 7, Block 2, St. Croix Mall RU.D 2 "` Addition
Washington County GLO Codes: 04- 029 -20 -12 -0024 & 04- 029 -20 -12 -0025
Page 73 of 118
ATTACHMENT B
Design Guideline Review, Site Plan Review
& Planned Unit Development (PUD) Amendment
For Snyder's Drive Through Prescription Window
Stillwater Crossings
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s) /Legal Description(s)
Conference With City Staff Upon Application Submittal: September 25, 2005
Required Approvals: PUD Amendment
City Council 4/5
PUD Amendment - Limitation on General Concept Plan Approval:
Unless a General Plan of Development covering the area designated as in the General Concept
Plan as the first stage of the PUD has been fled within twelve (12) months from the date Council
grants General Concept Plan approval, or in any case where the applicant fails to file General
Plan of Development Stage and Final Plans and to proceed with development in accordance with
the provisions of this Ordinance and of an approved General Concept Plan, the approval may be
revolted by Council action. (401.06.C.2.e)
Page 74 of 118
.
Oak Park Heights
Request for Council Action
3,C�
Meeting Date October 28"', 2008
Time Required: 5 Minutes
Agenda Item Title: M &I Bank --- Site flan Review, Design Guidelines, Variance -
Agenda Placement New Busine s
j
Originating Department/ e e A -Efic Johnson, Citv Administrator
Requester's Signature
Action Requested Discussion, Possible Approval
i
Background /Justifi� tion (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the enclosed from City Planner S. Richards:
3. Planner's Report dated Oct 3 2008 - ( exhibits can be found in the Oct
Planning Packet)
2. Recommending Resolution from the Planning Commission (unsigned)
3. Proposed City Council Resolution
Also please note that the City did require that the Applicant a depiction of proposed
finished elevations, see last page in this section.
Page 75 of 118
I A NORTHWEST ASSOCIATED CONSULTANTS, 1 N C.
4800 01--an ]Memorial Highway, Suite 202, Golden Valley, MN 55.122
y
Telephone; 763.231.255E5 783.231 .2501 planners (n?naclalaanr7i��r�,con7
PLANNING REPORT
TO: Eric Johnson
FROM: Carie Fuhrman /Scott Richards
DATE: October 3, 2008
RE: Oak Park Heights — M & I Bank — Site Plan Review,
Design Guidelines Review, and Variance for Signage
FILE NO: 798.02 — 08.11
BACKGROUND
Application. M & I Bank has applied for a site plan review; Design Guidelines review;
and a variance to allow a third building wall sign. M & I Bank is proposing a full service
drive -up banking facility to be constructed on Lot 2, Block 1, Wal -Mart Addition. The
site is currently owned by Peter Houser. The current property owner has entered into a
Purchase Agreement with M & I Bank for the purchase of this property, subject to the
approval by the City.
The site is approximately 1.24 acres in size and is located on the south side of Highway
36, east of Norrell Avenue North. It is located north of Wal -Mart and across the private
drive from Applebee's. The bank is proposed to be one -story in height; a maximum
height of 30 feet; and approximately 5,049 square feet in ground floor area, plus a 1,490
square foot partial basement. Three drive -up lanes are proposed with a canopy over
the lanes.
M & I Bank is also requesting to place three wall signs on the exterior surfaces of the
building, which requires a variance due to the fact that the Ordinance only allows two
wall signs total on the building.
Attached for Reference:
Exhibit 1 — Title Sheet (C -1.01 A)
Exhibit 2 -- Existing Conditions (C- 2.01A)
Exhibit 3 — Site Plan (C- 3.01A)
Exhibit 4 — Grading Plan (C- 4.01A)
Exhibit 5 — SWPP Plan -Phase 1 (C- 5.01A) Page 76 of 118
Exhibit 6 — SWPP Plan -Phase 2 (C- 5.02A)
Exhibit 7 — SWPP Details (C- 5.03A)
Exhibit 8 — Utility Plan (C- 6.01A)
Exhibit 9 -- Underground Storage System (C- 6.02A)
Exhibit 10 — Details (C-9.01 A)
Exhibit 11 — Details (C- 9.02A)
Exhibit 12 — Details (C- 9.03A)
Exhibit 13 -- Landscape Plan (L1.01)
Exhibit 14 — Photometric Plan (E00)
Exhibit 15 — Lower Level Floor Plan (200)
Exhibit 16 — First Level Floor Plan (201)
Exhibit 17 — Exterior Elevations (400)
Exhibit 18 — Colored Exterior Elevations (1A)
Exhibit 19 — Stormwater Drainage Review from Corey Bergman of
MFRA dated 09.10.08
Exhibit 20 — Narrative for M & I Bank (2 pages)
Exhibit 21 — City Arborist Comments dated 09.30.08
Exhibit 22 — City Engineer Comments dated 09.29.08
ISSUES ANALYSIS
Site Analysis. The subject site contains a drainage and utility easement surrounding
the property on all four sides. In addition, there is an ingress /egress easement/private
road located on the east side of the subject property that runs north and south off of 60
Street North and accesses Lot 1, Block 1, Wal -Mart Addition.
Zoning. Lot 2, Block 1, Wal -Mart Addition, Washington County, Minnesota, is zoned B-
4, Limited Business District. "Banks, savings institutions, credit unions, and other
financial institutions, including drive- throughs" are permitted uses in the B -4 District.
Site plan review, Design Guidelines review, and a variance for a third wall sign are all
required in order for this request to be processed.
The following table illustrates the required zoning regulations for the B -4 District and
proposed details for this building and site:
f Regulation Lot Line Required Propose_ d
Building Setbacks:
Front North (60 "' Street N) 40 feet 103 feet
Side West 10 feet 42 feet
East 10 feet 78 f eet
Private Road /Easement 40 feet
Rear South 20 feet 88 feet
Lot Area NIA 16,000 square feet 54,014 square feet
Lot Width 60th Street North 100 feet 2 00.15 feet
Building Height NIA 35 feet 27 feet
2 Page 77 of 118
Parking Lot Design.
Number of Parking Spaces, The Ordinance requires one space per 250 square feet of
floor area, plus two spaces for each drive -in unit, plus drive aisle stacking space of 180
feet for each drive -in unit.
Floor Area of First Floor: 5,049 sq ft x 0.9 4 4,544,10 sq ft
Floor Area of Lower Level (finished area): 331.30 sq ft x 0.9 4 298.17 sq ft
Janitor /Recycle: 15.83 ft x 12 ft = 189.96 sq ft
IT Room: 12.08 ft x 11.7 ft = 141.34 sq €t
Total Floor Area of Building 3298.17 + 4,544.10 = 4,842.27 sa ft
4,842.27 sq ft/250 sq ft = 19.37 spaces
3 Drive -In Units x 2 spaces = 6 spaces
Total = 25.37 4 26 parking spaces
The parking lot is proposed to have 28 parking spaces total. Eight stalls are proposed
to the north of the drive - through lanes; 17 stalls, including two handicap - accessible
stalls, are located to the south of the building; and three parking stalls are counted
within the drive- through lanes.
The proposed number of 28 parking spaces meets the Ordinance requirement. The
site plan (C- 3.01A) indicates the first drive -in unit has 174 feet of stacking, and the
second drive -in unit has 198 feet of stacking. There is no indication of the stacking
space for the third drive -in unit. Clarification should be made regarding the stacking
space.
Size of Parkinq Spaces. Eight parking spaces are proposed to the north of the drive -
through lanes. These parking spaces are at a 60 degree angle, and the stalls are 9
feet, 6 inches wide. The following table illustrates the required and proposed parking
space dimensions for 60 degree angled parking with 9 feet, 6 inch stall widths:
Required Proposed f
Stall Width — 9
Curb Length Per 11'0" 19'2"
Car
Stall Depth 21'3" 18'0"
Aisle Width 18'0" 15'
As the table illustrates, the stall depth and aisle width do not meet the minimum
requirements for parking stalls that are at a 60 degree angle and 9 feet, 6 inches wide.
Adjustments shall be made to the parking area in order to meet the Ordinance
requirements.
The remainder of the parking stalls are proposed at a 90 degree angle and are 9 feet
wide. The following table illustrates the required and proposed parking space
dimensions for 90 degree angled parking with nine foot stall widths:
3 Page 78 of 118
Required Proposed
Stall Width -- 9'0"
Curb Length Per Car 9 9
Stall Depth 20 18 &
20'0
Aisle Width 22'0" 24'0"
The table indicates some parking stalls are 18 feet deep. These are allowed as a two
foot overhang is allowed to be counted towards the stall depth.
Entrance /Exit. As was mentioned earlier, there is an existing ingress /egress easement
(private road) over the subject parcel that provides access to the lot to the south (Wal-
Mart). This private road accesses 60 Street North in the northeast corner of the lot
and runs north /south along the east property line. The drive access to the bank is
proposed off of this private road, in the southeast corner of the lot.
Trail. The site plan indicates an existing trail that runs parallel to 60 Street North.
Staff would suggest that as a condition upon approval, the applicants provide a
connection from this trail into the site.
Lighting Plan. A Photometric Plan has been submitted (E00), along with a light pole
detail and a fixture cut of the drive - through canopy lighting.
Fixtures. The Photometric Plan indicates the use of three types of fixtures: Type A and
B are pole- mounted lights at a maximum height of 25 feet. They are cut -off luminaires
with house side shields. Type D6 are recessed commercial lights that shall be located
flush with the canopy ceiling of the drive - through area.
Intensity. The Ordinance requires that any light which cast light on a public street shall
not exceed one foot candle (meter reading) as measured from the center line of said
street. The submitted Photometric Plan only indicates the foot candle readings to the
boundaries of the parking lot; therefore, it cannot be determined if the lighting intensity
meets the requirements of the Ordinance. Staff would recommend that the applicant
submit a revised Photometric Plan that indicates the foot candle readings to the center
line of 60 Street North to determine that the intensity requirements are met.
Location. Five Type A fixtures are proposed on the exterior of the parking area: one
along the north side of the parking lot, one along the southeast side of the parking lot,
one on the south side of the parking lot, one along the southwest side of the parking lot,
and the last one located to the south of the building in the sidewalk area, facing the
south parking area. Two Type B fixtures are proposed: one along the northwest corner
of the parking lot, and the other in the northeast corner of the parking lot. The six Type
D6 fixtures are located within the three drive - through aisles under the canopy.
Hours. Outdoor lighting for parking lots shall be turned off one hour after closing, except
for approved security lighting.
4 Page 79 of 118
Landscape Design. The Landscape Plan shall be subject to the review and approval
of the City Arborist. See comments by the City Arborist in Exhibit 21.
Signs. The site plan and exterior elevation details indicate the applicants are proposing
the following signage:
a) Three Wall Signs: one 68 square foot "M & I Bank" sign located on the south
elevation; one 37 square foot "M & I Bank" sign located on the east elevation; and
one 16 square foot °M & I" sign located on the north elevation. A total of 121 square
feet of wall signs are proposed on the building.
Staff Comment: The Ordinance allows for only two wall signs per principal building.
The Ordinance does allow for more than two wall signs through the conditional use
process, but the following conditions must be met: no freestanding signs can
exceed eight feet in height on the property; and the wall signs shall be identical in
style, color, and size.
The proposed wall signs are not identical in style and size; therefore, the applicants
are instead applying for a variance to the requirement of allowing only two wall signs
per principal building.
** *Please note: As proposed, the three wall signs and two freestanding monument
signs exceed the allowed maximum sign area for this District. Therefore, the sign
areas shall be decreased to meet the allowable sign area, or a conditional use
permit would have to be applied for and approved. The applicants are allowed up to
100 square feet or 15% of the front building fagade, which is 104.63 square feet.
The applicants may apply for a conditional use permit in order to exceed the 15% of
the front building fagade, but still stay less than 300 square feet.
Calculations:
Wall signs (3 signs): 121 sq ft
Monument sign #1: 36.24 sq ft
Monument sign #2: 7.8 sq ft
Total: 165.04 sq ft
Front Building Fagade Area: 77.5 ft x 9 ft = 697.5 sq ft --> 0.15 x 697.5 =
104.63 sq ft
b) One freestanding monument sign, eight feet in height and 36.24 square feet in area:
"M & I Bank — ATM," to be located on the north side of the property, between the trail
and parking area.
Staff Comment: This meets the number and area requirement for a freestanding
sign on a B-4 property, which allows one freestanding sign under 100 square feet
and 20 feet in height. However, the freestanding sign base shall be surrounded with
a landscape planter at least three feet in height, and the planter shall contain
decorative shrubbery and/or flower materials.
5 Page 80 of 118
c) One freestanding monument sign, slightly over five feet in height and 7.8 square feet
in size: "M & I Bank Drive -Up Banking ATM" sign to be located at the entrance from
the private drive into the parking lot of the banking facility.
Staff Comment: This additional freestanding monument sign is not allowed as the
conditions to allow an additional freestanding signs are not met (i.e., the gross area
of the signs, when added together with all other freestanding and wall sign area,
exceeds the maximum allowable sign area established for the lot).
d) Four directional signs are proposed:
• Two signs: 6 feet, 5 inch in height and approximately two square feet in
size each : "Do Not Enter — Exit Only" signs to be located to the
southwest of the building.
• One sign: 6 feet, 5 inches in height and approximately two square feet in
size: "M & I Bank — Thank You For Banking With Us" sign to be located at
the exit onto the private drive.
• One sign: 6 feet, 5 inches in height and approximately two square feet in
size: "Fire Lane — No Parking" sign; however, it appears the location of the
sign(s) is not indicated on the site plan. Clarification shall be provided
regarding this sign.
Staff Comment: The Ordinance allows two directional signs that do not count
towards the maximum allowable sign area as long as they do not exceed twelve
square feet (401.15.G.6e.1). Therefore only two of the above- mentioned four signs
shall be allowed.
Design Guidelines.
Qualitv. The proposed building meets the quality standards of the Ordinance, which
states that buildings in all zoning districts shall maintain a high standard of architectural
and aesthetic compatibility with surrounding properties to ensure that they will not
adversely impact the property values of the abutting properties or adversely impact the
public health, safety, and general welfare. Colored elevations have been provided by
the architects, which illustrate the bank's size, scale, composition, colors, and exterior
materials.
Exterior Finishes. A list of the exterior finish materials is located on Sheet 400. The
main building facades are proposed to be finished with a darker brown, queen size
brick. A light tan manufactured stone is proposed as an accent on some of the columns
and as a portion of the east elevation. Two Exterior Insulation Finish Systems are
proposed directly below the eaves on each elevation and surrounding the wall signs and
on the tower — a natural white, sand pepple texture is proposed to be surrounded by a
darker cream sand pepple texture. The roof is proposed to be composed of asphalt roof
shingles in a driftwood color. The metal soffits, fascia, downspouts, ATM and
mechanical openings are proposed to be a medium roman bronze.
All of the proposed exterior building finishes appear to be consistent with the Ordinance
standards for grade and quality.
6 Page 81 of 118
Trash Enclosure. The trash is proposed to be stored in the northeast corner of the
building.
Mechanical Equipment. No rooftop mechanical equipment is proposed. On -grade air
conditioning units are proposed to be screened.
Grading /Drainage. The Grading, Drainage, and Erosion Control Plan shall be subject
to approval by the City Engineer. See additional engineering comments in Exhibit 22.
Overhead Distribution Lines. The applicant shall bury the overhead distribution lines
along 60 Street North. A condition has been added to address this issue.
Variance. Variance criteria is provided in Section 401.04 of the Oak Park Heights
Zoning Ordinance. The Planning Commission and City Council should review the
following criteria and conditions to determine if the variance is justified.
Review Criteria. The Planning Commission and City Council should make a finding of fact that
the proposed action will not.
a. Impair an adequate supply of light and air to adjacent property.
b. Unreasonably increase the congestion in the public street.
C. Have the effect of allowing any district uses prohibited therein, permit a lesser
degree of flood protection than the flood protection elevation for the particular area,
or permit standards which are lower than those required by State law.
d. Increase the danger of fire or endanger the public safety.
e. Unreasonably diminish or impair established property values within the
neighborhood, or in any way be contrary to the intent of this Ordinance.
f. Violate the intent and purpose of the Comprehensive Plan.
g. Violate any of the terms or conditions of Item 5, below.
Conditions for Approval. A variance from the terms of this Ordinance shall not be granted
unless it can be demonstrated that:
a. Undue hardship will result if the variance is denied due to the existence of special
conditions and circumstances which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the
same district.
1 ) Special conditions may include exceptional topographic or water conditions or, in
the case of an existing lot or parcel of record, narrowness, shallowness,
insufficient area or shape of the property.
2) Undue hardship caused by the special conditions and circumstances may not be
solely economic in nature, if a reasonable use of the property exists under the
terms of this Title.
3) Special conditions and circumstances causing undue hardship shall not be a
result of lot size or building location when the lot qualifies as a buildable parcel.
b. Literal interpretation of the provisions of this Ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms
7 Page 82 of 118
of this ordinance or deny the applicant the ability to put the property in question to a
reasonable use.
C. The special conditions and circumstances causing the undue hardship do not result
from the actions of the applicant.
d. Granting the variance requested will not confer on the applicant any special privilege
that is denied by this Ordinance to other lands, structure or buildings in the same
district under the same conditions.
e. The request is not a result of non - conforming lands, structures or buildings in the
same district.
f. The request is not a use variance.
g. The variance requested is the minimum variance necessary to accomplish the
intended purpose of the applicant.
h. The request does not create an inconvenience to neighboring properties and uses.
Comment regarding the third wall sign: In response to the criteria and conditions
listed above, the proposed wall signs are fairly small in size and granting the variance
request to allow the third wall sign will not create an inconvenience to neighboring
properties and uses. The City has granted a third wall sign to allow better visibility from
Highway 36 for other businesses in this area. For these reasons, City planning staff
recommends that the third wall sign variance be approved.
RECOMMENDATION AND CONCLUSION
After reviewing the request and the criteria and conditions for variance approvals, staff
recommends approval of the request for the third wall sign on the proposed building.
After reviewing the request for the Design Guidelines review and site plan review, staff
recommends approval of the proposed M & I Bank. The recommendation is made with
the following conditions:
1. The site plan (C- 3.01A) indicates the first drive -in unit has 174 feet of stacking,
and the second drive -in unit has 198 feet of stacking. There is no indication of
the stacking space for the third drive -in unit. Clarification should be made
regarding the stacking space.
2. The stall depth and aisle width do not meet the minimum requirements for
parking stalls that are at a 60 degree angle and 9 feet, 6 inches wide.
Adjustments shall be made to the parking area in order to meet the Ordinance
requirements.
3. The applicants shall provide a connection from the trail to the site /building.
4. A revised Photometric Plan shall be submitted that indicates the foot candle
readings to the center line of 60 Street North to determine that the intensity
requirements are met.
8 Page 83 of 118
5. Outdoor lighting for the parking areas shall be turned off one hour after closing,
except for approved security lighting.
6. The Landscape Plan shall be subject to the review and approval of the City
Arborist. See comments by the City Arborist in Exhibit 21.
7. The sign areas of the wall and/or freestanding signs shall be decreased to meet
the maximum allowable sign area, or a conditional use permit would have to be
applied for and approved. The applicants may apply for a conditional use permit
in order to exceed the 15% of the front building facade, but still stay less than
300 square feet.
8. The freestanding monument sign base, proposed to the north of the building,
shall be surrounded with a landscape planter at least three feet in height, and the
planter shall contain decorative shrubbery and /or flower materials.
9. The additional freestanding monument sign -- W & I Bank — Drive -Up Banking
ATM" is not allowed in that an additional freestanding signs are not met (i.e., the
gross area of the signs, when added together with all other freestanding and wall
sign area, exceeds the maximum allowable sign area established for the lot).
10. The Ordinance only allows two directional signs that do not count towards the
maximum allowable sign area as long as they do not exceed twelve square feet.
Therefore only two of the four proposed directional signs shall be allowed.
11. The Grading, Drainage, and Erosion Control Plan shall be subject to the review
and approval by the City Engineer. See engineering comments in Exhibit 22.
12. The applicant shall bury the overhead distribution lines along 60 Street North.
The timing of that improvement shall be coordinated with the burying of
distribution lines in front of Lowe's along 60 Street North. The applicant shall
escrow sufficient funds, as specified by the City Engineer, to complete the
improvement or agree that the City will complete the work and petition for the
public improvement, waiving notice of public hearing and assessments, as
required under Minnesota Statute 429.
13. Any additional comments by the City Arborist.
14. Any additional comments by the City Engineer.
15. Any additional comments or conditions of the City Council, Planning
Commission, or City Staff.
9 Page 84 of 118
A Itl?,COMMI +,NlliNG RES( }1,U`I'ION
OF `I'IIE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF TACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST 13Y M & I BANK FOIZ A SITE PLAN REVIEW, DESIGN
GUIDELINES REVIEW, AND A VARIANCE TO ALLOW A THIRD
BUILDING WALL SIGN FOR A FULL SERVICE DRIVE -UP BANKING
FACILITY ON :LOT 2, BLOCK 1, WAL -MART ADDITION
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from M & I
Bank for a site plan review, Design Guidelines review, and a variance to allow a third building
wall sign for a full service drive -up banking facility on Lot 2, Block 1, Wal -Mart Addition; and
after having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights snakes the following findings of fact:
I 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 ATTACHMENI' B
and
3. The subject property is zoned B -4, Limited Business District in which
banks with drive - through facilities are a listed permitted use; and
4. The applicant is seeking consideration of a site plan review, Design
Guidelines review, and consideration of a variance for a third wall sign; and
5. City staff prepared a planning report dated October 3, 2008 reviewing the
request; and
6. City staff recommends in the October 3, 2008 planning report that the
request be approved with conditions; and
T The Planning Commission held a public hearing at their October 9, 2008
meeting, took comments from the applicants and public, closed the public hearing, and made the
following recommendation: Page 85 of 118
NOW, THEREI;ORFa, 13E IT RESOLVED 13Y'I -w PLANNING
COMMISSION FOR THE CI'T'Y OF OAK PARK i IFII.GHTS THAI' `I RE PLANNING
COMMISSION RECOMMENDS THE E FOLLOWING:
A. `I application submitted by M & 1 Bank for a site plan review, Design Guidelines
review, and a variance to allow a third building wall sign for a full service drive -up banking
facility on I..ot 2, Block 1, Wal -Mart Addition and affecting the real property as follows:
S1:F; ATTACHMENT A
The Planning Commission recommends to the City Council of the City of Oak Park Heights the
site plan review, the Design Guidelines review, and the variance for the third wall sign subject to
the following findings of fact for the third wall sign variance:
1. 'rhe applicants have proposed a total of three wall signs, each on different facades of the
building.
2. The total square footage of each sign is less than 35 square feet or a total of less than 65
square feet.
3. The third wall sign ensures visibility of the bank and drive- through from both east and
west bound traffic on Highway 36.
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 site plan {C -3.01 A) indicates the first drive -in unit has 174 feet of stacking, and the
second drive -in unit has 198 feet of stacking. There is no indication of the stacking space
for the third drive -in unit. Clarification should be made regarding the stacking space.
2. The stall depth and aisle width do not meet the minimum requirements for parking stalls
that are at a 60 degree angle and 9 feet, 6 inches wide. Adjustments shall be made to the
parking area in order to meet the Ordinance requirements.
3. The applicants shall provide a connection from the trail to the site /building.
4. A revised Photometric flan shall be submitted that indicates the foot candle readings to
the center line of 60` Street North to determine that the intensity requirements are met.
5. Outdoor lighting for the parking areas shall be turned off one Dour after closing, except
for approved security lighting.
6. The Landscape flan shall be subject to the review and approval of the City Arborist.
7. 'fhe applicant shall provide additional information on the two non - cutoff decorative
fixtures, including light intensity, for City Council review.
2 Page 86 of 118
S. The additional freestanding moili1i»cnt sign - -- " 1\4 & I Bank Drive -Up Banking A'I'M"
is not allowed in that additional freestanding sign requirements are not met (i.e., the gross
area of the signs, when added together with all other freestanding and wall sign area,
exceeds the maximum allowable sign area established fog the lot).
9. The Ordinance only allows two directional signs that do not count towards the maximum
allowable sign area as long as they do not exceed twelve square feet. Therefore only two
of the four proposed directional signs shall be allowed.
10. The Grading, Drainage, and Erosion Control flan shall be subject to the review and
approval by the City Engineer.
11. The applicant shall bury the overhead distribution lines along 60` Street North. The
tinting of that improvement shall be coordinated with the burying of distribution lines in
front Of Lowe'S along 60` Street North. The applicant shall escrow sufficient funds, as
specified by the City Engineer, to complete the improvement or agree that the City will
complete the work and petition for the public improvement, waiving notice of public
hearing and assessments, as required under Minnesota Statute 429.
Recommended by the Planning Commission of the City of Oak Park Heights this 9 "' day
of October 2008.
Michael Liljegren, Chair
ATTEST:
Eric A. Johnson, City Administrator
3 Page 87 of 118
Attachment A
Washington County GEO Code: 05- 029 -20 -12 -0033
Legal Description: Lot 2, Block 1, Wal -Mart Additio►l
Physical Address: 13613 60` St. N.
Page 88 of 118
ATTACHMENT 13
F`
V
Site Plan & Design Guidelines Review & Sign Variance
M & I Bank
Application Materials
• Application l'orm
• Tees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
Written Narrative and Graphic Materials Explaining Proposal
® Proof of Ownership or Authorization to Proceed
• Property "Tax Statement(s) /Legal Description(s)
Conference With City Staff Upon Application Submittal: September 25, 2008
Planning Commission Review & Recommendation: October 29, 2008
Variance — Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the variance shall become null and void twelve (12) months after the date of
approval, unless the property owner or applicant has substantially started the construction of any
building structure, addition or alteration, or use requested as part of this variance. The property
owner shall have the right to submit an application to extend the approval of a variance to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.4.0 .1 — 401 A.C.2)
Page 89 of 118
RESOIAJ TION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COON "I'Y, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY M & I BANK FOR A SITE PLAN REVIEW, DESIGN
GUIDELINES REVIEW, AND A VARIANCE TO ALLOW A THIRD
BUILDING WALL SIGN FOR A FULL SERVICE DRIVE -UP BANKING
FACILITY ON LOT 2, BLOCK I, WAL -MART ADDITION
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from M & I
Bank for a site plan review, Design Guidelines review, and a variance to allow a third building
wall sign for a full service drive -up banking facility on Lot 2, Block 1, Wal -Mart Addition; and
after having conducted a public hearing relative thereto, the Planning Commission of Oak Dark
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 legally described as
follows, to wit:
SEE A'I TACI IMIXF A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACIIMU,N "I B
and
3. The subiect property is zoned B -4, Limited Business District in which
banks with drive - through facilities are a listed permitted use; and
4. The applicant is seeking consideration of a site plan review, Design
Guidelines review, and consideration of a variance for a third wall sign; and
S. City staff' prepared a planning; report dated October 3, 2008 reviewing the
request; and
6. City staff recommends in the October 3, 2008 planning report that the
request be approved with conditions; and
Page 90 of 118
7. The Planning Commission held a public hearin- at their (.)ctober 9, 2008
meeting. took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, UIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT '1 HE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by M & 1 Bank fora site plan review, Design Guidelines
review. and a variance to allow a third building wall sign for a full service drive -up banking
facility on I.,ot 2, Block 1, Wal -Mart Addition and affecting the real property as follows:
SF'F' ATTACIIMENT A
The City Council oaf the City of Oak Park Heights approves the site plan review, the Design
Guidelines review, and the variance for the third wall sign subject to the following findings of
fact for the third wall sign variance:
1. The applicants have proposed a total of three wall signs, each on different facades of the
building.
2. The total square footage of each sign is less than 35 square feet or a total of less than 65
square feet.
3. "The third wall sign ensures visibility of the bank and drive - through from both east and
west bound traffic on I lighway 36.
Be and the same as hereby approved by the City Council of'the City of Oak Park Heights with
the following conditions:
I . The site flan (C -3.01 A) indicates the first drive -in unit has 174 feet of stacking, and the
second drive -in unit has 198 feet of stacking. `there is no indication of the stacking space
for the third drive -in unit. Clarification should be made regarding the stacking space.
2. The stall depth and aisle width do not meet the minimum requirements for parking, stalls
that are at a 60 degree angle and 9 feet, 6 inches wide. .Adjustments shall be made to the
parking area in order to meet the Ordinance requirements.
3. The applicants shall provide a connection from the trail to the site /building.
4. A revised Photometric flan shall be submitted that indicates the foot candle readings to
the center line of 60 Street North to determine that the intensity requirements are met.
5. Outdoor lighting for the parking areas shall be turned off one hour alter closing, except
for approved security lighting.
6. The Landscape flan shall be subject to the review and approval of the City Arborist.
2 Page 91 of 118
7. The applicant shall provide additional irilorm "Rion on the two non -CLIW 'I� decorative
fixtures, includI g light intensity. for City Council review.
8. The additional freestanding monument sign - -- "M & 1 Bank — Drive -Up Banking ATM
is not allowed in that additional freestanding sign requirements are not met (i.e., the gross
area of the signs, when added together with all other freestanding and wall sign area,
exceeds the maximum allowable sign area established for the lot ").
9. The Ordinance only allows two directional signs that do not count towards the maximum
allowable sign area as long as they do not exceed twelve square feet. Therefore only two
of the four proposed directional signs shall be allowed.
10. The Grading, Drainage, and Erosion Control Plan shall be subject to the review and
approval by the City Fngineer.
11. The applicant shall bury the overhead distribution lines along 60 "' Street North. The
tinging of that improvement shall be coordinated with the burying of distribution lines in
front of I.,owe's along 60' Street North. The applicant shall escrow sufficient fields, as
specified by the City Engineer, to complete the improvement or agree that the City will
complete the work and petition for the public improvement, waiving notice of public
hearing and assessments, as required under Minnesota Statute 429.
Approved by the City Council of the City of Oak Park Heights this 28 day of October
2008,
David Beaudet, Mayor
AT IT ST:
Eric A. Johnson, City Administrator
3 Page 92 of 118
Attachment A
Washington county GEO Code: 05- 029 -20 -12 -0033
Legal Description: I..ot 2, Block 1, Wal -Mart Addition
Physical Address: 13613 60` St. N.
Page 93 of 118
A`.l "FACIIMENT 13
st:•
Site Plan & Design Guidelines Review & Sign Variance
M & X Bank
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11 X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
• Property "fax. Staternent(s) /Legal Description(s)
Conference With City Staff Upon Application Submittal: September 25, 2008
Planning Commission Review & Recommendation: October 29, 2008
Variance — Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the variance shall become null and void twelve (12) months after the date of
approval, unless the property owner or applicant has substantially started the construction of any
building structure, addition or alteration, or use requested as part of this variance. The property
owner shall have the right to submit an application to extend the approval of a variance to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.4.0 .1 — 401.4.C.2)
Page 94 of 118
SCALF RIM
I" = 1 0' VERTICAL uccomtrsPoot
= 20'
Client LL
M&I BANK
PROpcsr-D CRADDE
z A�
APPL-ESFE'S
ROPERTY N' �f & i aANK AuTO BODY
Project
FFE-941.0
J
-------- M&I BANK -OAK
----------- ---------- ----------- ----------
PARK HEIGHTS
U
EX;S G.R',k ND
2'
R WAI-
BOTTOM,
i - Location
9 6.0 PROPUR�Y
OAK PARK
HEIGHTS, MIN
2ertilication
N
LI 121
Pp �
Summary
I "Cn
p
Revision History
..............
------------ — -------- ----------- ......
....... ..........
Sheet Title
CROSS SECTION
EXHIBIT
Sheet Number Revision
0 NOR F-L-EVATICt4l
Project No. M&11I8!!4
This Page Is Left Intentionally Blank.
Page 96 of 118
Oak Park Heights
Request for Council Action
Meeting Date October 28, 2008
Agenda Item Title Schedule Budvet Workshop Time Required 3 Minutes
Agenda Placement New Business
Originating Department / Requestor Finance - Judv Holst, Deputv Clerk/ Finance
Director
Requester's Signature
Action Requested Schedule Budget Workshop for November 5. 2008
Background/ Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
At this time the City's 2009 proposed expenditure budget exceeds the 2009
proposed revenue budget. In addition to balancing the budget, I have received
additional information relative to the 2009 budget which will result in adjustments
to grants & contributions, salaries, insurance premiums, auditing and
memberships.
I would request the Council schedule a budget workshop for November 5, 2008
following the regular Council meeting to discuss the budget issues.
The Council may also wish to discuss how the State's economic forecast will impact
the City's budget.
Page 97 of 118
This Page Is Left Intentionally Blank.
1.
o .
Page 98 of 118
Oak Park Heigbts
Request for Council Action
Meeting; Date October 28 2008
Time Required: S Minutes
Agenda item Title: Convention and Visitor's Bureau — Advertising Efforts
Agenda Placement New Business
Originating Department /Requestor Councilmember McComber
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):
Discuss the Convention and Visitors Bureau recent advertising efforts. See attached)
(dote: the City provides funding to CVB pursuant to the Revenue Collections Agreement and
City Ord. 1411 — attached)
The City currently collects approximately $6,000.00 per quarter from the CVB tax (a 3% tax on
rooms) The City has not absorbed the allowable 5% collection fee but has passed all proceeds on
to the CVB. 'The Americinn and Cover Park Manor are the only to entities that essentially fall
under City Ord. 1411.
Page 99 of 118
Pagel of 2
Eric Johnson
From: seroll @aol.com
Sent: Thursday, October 23, 2008 1:17 PM
To: Marymccomber @aol.com
Subject: Re: CVl3 ad & logo
Hi Mary,
We did have some discussion about Oak Park Heights as we worked on this. We eventually
decided that our plan would be to do a series of commercial spots, possibly targeting different
demographics and during different seasons. For this first one, we decided to try and focus on
couples /romantic weekends, etc. Providing the commecials prove effective, we should
have the opportunity in the future to showcase many different aspects of both cities.
Thanks for your input.
Steve
- - - -- Original Message---- -
From: Marymccomber@aol.com
To: SEROLL @aol.com; alexrojasl @otmail.com; Ken@ custom ired- accounting.com;
sheryle @pressenter.com; info@ aurorastaplesinn.com; ex sail @countryinns.com;
chuck(a) ,waterstreeti nn. us
Sent: Tue, 21 Oct 2008 2:09 pm
Subject: Re: CVB ad & logo
Steve,
I have seen the commercial. I know it is probably too late now, but it would have
been nice to see some mention of Oak Park Heights, such as "visit the
neighboring community of OPH ". I think it was done very well.
Mary McComber
New MapQuest Local shows what's happening at your destination. Dining, Movies, Events,
10/24/2008 Page 100 of 118
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Page 101 of 118
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STILLWATER, OAK. PARK HEIGHTS
' 1"OF11-4 4 3URE'AU
MEN Pa 11:8
REVENUE COLLECTIONS AGREEMENT
THIS AGREEMENT made this M- l day of AAOA, 2008, between
sub
the City of Oak Park Heights, a political division of th State of Minnesota (the
"City "), and THE STILLWATER & OAK PARK IIEIGHTS CONVENTION & VISITOR
BUREAU, Inc. A Minnesota non - profit corporation, ("SOPHCVB ").
TERMS.
I. The City has established a local lodging tax pursuant to the provisions of
Minn. Stat. 469.190, and the SOPHCVB has been established as a Minnesota non - profit
corporation solely for the purpose of marketing and promoting the City and adjacent
cities as a tourist and convention destination.
2. The Board of Directors of the SOPHCVB is comprised of a broad
spectrum of representatives from the lodging community that will bear the burden of this
tax and at least one representative from each city contributing funds to the SOPfICVB.
3. The SOPHCVB agrees to comply with Minn. Stat. 469.190. with regard to
the expenditure of the funds and to expend the funds for no other purpose and to submit an
annual audit, in a format directed by the City, to the City that will demonstrate compliance
with State Statutes, regulations, revenue rulings, and Attorney General's opinions.
4. The City will provide collected lodging tax funds, collected under the
City authority pursuant to City Ordinance 1411, to the SOPHCVB in four installments
per year with disbursements being made within thirty days of the conclusion of the
preceding; quarter.
5. That the SOPHCVB will not change, alter or amend its Articles of
Incorporation or Bylaws without the written consent of the City; these documents are
attached hereto as Exhibit "A ".
Page 103 of 118
6. Pursuant to City Ordinance 1411 .070 the City may retain up to 5
percent of the funds collected under the Local Lodging Tax. The full text of City
Ordinance 1411 is attached hereto as Exhibit `B ".
7. This Agreement shall automatically terminate upon the City's
repealing of City Ordinance 1411. Any amounts collected during such time that the
ordinance was in -force shall be conveyed to the SOPHCVB pursuant to the terms of
this Agreement:.
The SOPHVCB and the City have set their hands to this Agreement this Vay of
M r�a� ._ZaOg.
STILLWATER & OAK BARK. HEIGHTS CONVENTION & VISITOR
BUREAU, a Minnesota Corporation.
BY:��
ITS: Res
JEWIFER M. THOEN
(1 NOTARY KOLK - MINNESOTA
Expires Jan. 31, 2012
NOTARY Si re tt- sting, 1 �
CITY HEI
BY: i
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Y ' 105 �h 1 N 1 }Y'O17Bf1dAZ�b'IOH . ' "z
N30M •w HUI' Nor � ti
NOTARY - Signature Attestin -- - - - - --
Page 104 of 118
EXI11BI'T' "A"
S'I'11.,LWATf- - & OAK PARK HEIGHTS CONVENTION & VISITOR BUREAU
Articles of Incorporation - Dated: January 16"', 2008
By-Laws - Adoptod by CVR W on March 5 "' 2008, (per mecting minutes).
Page 105 of 118
The undersigned iilcorporators are individuals 18 Yeats of age or older And adopt the following
articles of incorporation to form a nonprofit corporation (Chapter 317A).
The name of this corporation shall be Stillwater & Oak Park Heights Convention & Visitor Bureau.
r �� / 7
lLC�/,C6�lut� (�uG c.Y- Y��cti7
The place in lvlinnesota where the principal office of.the Corporation is to be located at
2190 Frontage Rucl West, Stillwater, Minnesota 55082.
'Phis corporation is a business organization as specified in Section 501(&)(6) Of the Internal Revenuc Code,
or the corresponding sectior} of any fiztute federal tax code.
The purpose of this corporation is to market and promote the Stillwater and Oak Park Heights
areas as business and leisure travel destinations.
C.'�
�!].
• 111 "_a
At r1l times the foliowing shall operate u conditions zestricting the operations and activities of the corporation:
No part of die net eartling of the organization shall inure to the benefit of, or be distributable to its members,
trustees, officers, or other private persons, except that orgardzations shall be author - ,zed and empowered to pay
reasonable compensation for services rendeted and to make payments and distributions in furtherance of the
purpose set forth -in the purpose clause hereof.
No substantial part of the activities of the corporation shall constitute the carrying on of propaganda or otherwise
attempting to influence legislation, or any initiative or referendum before the public, anti the corporation shall not
participate in, or intervene in (including by publication or distribu(ion of stateiuents), airy political campaign oil
behalf of, or in opposition to, any candidate for public office.
Notwithstanding any other provisions of this docllmerlt, flee organuadou shall not carry on any other activities cot
permitted to be carried on by an orgatlizatioc exempt from federal income tax w)dcr Section 501(c)(6) of the
Internal Revellue Code or corresponding section of any future tax code, or by an organization, contributions to
which are deductible under section 170(c)(2) of the Irlteraal RCVCil }]e Code,
or corresponding sect of any future tax code.
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This otganiza € shall ]rave rncilibem,'I'llc elagib'slity, rights and obligations of the members will be
determined by the organization's bylaws.
The management of the affairs of the corporation shall be vested in a board of directors, as defined by the
corporalion's bylaws. No director shall have any tight, title, or interest in or to any property of die corporation.
'The number of directors conskitwing the initial board of directors is cigbt; ibeir Blames and addresses are as follows:
Steve ROD Jeff Stanton
2190 From-age Road West, Stilhvatcr, MN 2200 F rontage Road West, Stlllwater, h4N
Chuck Dougherty Jerry 144
15330 58th Street North, Oak Park Heights, MN 303 Fourth Street North, Stillwater, MIDI
Kevin Shiclds David 13eaudet
102 Second Street North, Stillwater, MN 14168 Oak Park Boulevard, Oak Park Heights, l.-lN
Ken I3arycki Sheryl E'- Marshall
216 Fourth Street North, Stillwater, MN 206 Second Street South, Hudson, WI
Members of the initial board of tlitcaors shall serve until th& ors
will be duly elected and qualified, or removed as provided ill the by 106 of 118
No member, officer, or. director of this corporation shall be personally liable for the debts or obligations of this
corporation of any nature whatsoever, nor shall ;any of the property of the members, officer,
or directors be sub �� j j� e cctt to the paym of the debts or obligations of this corporation.
'17he duration of the corporate existence shall be perpetual until dissolution,
upon the dissolution of thte organization, assets of the corporation shall be distributed for one or more
exempt purposes within the meaning of Section 561(c)(6) of the Internal Revenue Code, or corresponding
section of any future federal tax code, or shall be distributed to the federal government,
or to a state or local govertntlen for a public purpose.
CN GIfLfli fJ `C 92C�/LI?ellCIII�
In witness whereof, we, the undersigned, have hercutrto subscribed our names for the purpose of forming the
corporation under the ]awg of the State of Minnesota and certify we executed these
Articles of Incorporation this 16th day of January of 2008.
Steve Roil, President
Stillwater Super 8
2190 Frontage Road West, Stillwater, Minnesota
W aft Vicc l'r- sident
Country Tnn & Suites
222000 Frontage Road West, , yill ,Ming rota
�C Eck trgfierty, Treast rc
Cover Parit Manor
15330 58th Street North, Oak Park T-leiglits, Minnesota
t `r� _
erry I e fiber S or tary
rota Staples tt
303 l ° •th Street North, Stil or, Minnesota
Kevin SlAOR s
Lowell Itin
10 t S reetl<T th, Stilhvatcr, Mitrnes to
Aavid l3cattdet
Mayor, City of Oak Park Neights
14168 Oak Park Boulevard, Oak Par h 'nnesota
en la ry cki
Mayor, City of Stillwater
21 omtb Street Nortli, Stillwater, Minmsota
Sir- Marshall
Vice Presideh , reater Stillwater Chamber of Commerce
206 Second Street South, Hudson, Wisconsin
r
- inutos -CVD Meeting
Mnrch 5, 2008
Call In lacier :$:301'M
Pre"em: Steve R . RffS., Chuck D.. Jerry H., Kevin S., shcryl E -10.
Approval of corrected minute4, Chuck motioned and Kevin second.
Approval of CV13 lay -Laws. Jerry motioned. Chuck second. Pas.
Chuck has received the Articles of Incorporation from the State and >h 01 gel o l`od��ral
I. U. Number. Chuck to ,vork can bank information. too.
The heard discussed marketing and decided to focus on ncxi; winter r<rthei i imi 1161
Discussion on Strategic Plan:
I . Remove "cold feet wann hearts" from the plan.
2, Develop web site
3. Printed brochure and Stillwater Visitor Guide.
4, bind a statewide distribution system for printed materials',
5. Set up meeting with Chamber to discuss among Other thmts 4riulsition c i;is5.
we,b site and visitors guide.
-Steve; k� -ill sct mc,cung with Chamhcr (Set for Tuesd�ny, March 25. 2 n i _1 ( „irntr�
Inn and Suites)
.icrry will prepare an E- Newsletter for distribution to Lod in;, industry and the (`lw111hk:1
meanhcrs.
!Approval of Strategic Plan, Jerry motioned, Kevin second. Passed.
Discussion regardizng the areas of responsibility for board members:
I. Web site development. Chuck will take the IMI, l :very(flne will cX161
Ruud gather infon for next meeting.
2. Tourism Transition from the Chamber. Steve will take: thu dead
3. Printed materials.
4. Develop our "Brand”,
5. Policy and Procedure Manual, Steve will get a draft from Destiiwtion tvl,ul:c(ii;�,
Qis about which organizations we may want to be part o1' incJUdk)'t 1',s�rri�t�t
Alliance and Mctro Rnurisn
Meeting adjourned ,it 5;15 PM
NQXt mnccting: April 2` 3 at 3:30 PM.
Page 108 of 118
STILIMATER S- OAK PARK FIEIGH'I"S
CONVENTION & VISITORS BUREAU
BYLAWS
ARTICLE] -,-- GANERAL
Section I.
The name of the corporation shall be StillwM01 & 0,11( Park 1-161ghts Convolition &
Visitors Bureau, Mc,, hereafter referred to as CV13.
Section 2,
The objective jective of the CVB shall be to p tourisin and marketing of the SLillwawr and
Oak Park Hoights areas. The intent of the CV13 shall be to attract overnight visitors,
groups, meetings and conventions with the expressed goal of the busillesses
which collect the lodging tax.
Section 3.
No assets of the corporation shall inure to the benefit of or be paid to any person who is
member, director, officer, or other private person, except that reasonablc collipells"Itioll
may be allowed for services rendered ill furtherance of the goals of the CVB-
ARTI.CLE 11 —
Section 1.
Full incriiborshil) in the CVB shall be limited to lodging properties within Stillwater and
Oak Park Heights which collect and I - eill it a J o ptio n lodging tax as defined in
Minnesota Statutes 469.190 and authorized by City ordiffillicc,
Section 2.
It is acknowledged that there shall be two lodging classification types:
1. Properties operating more than tell rental rooms shall be )(down as a Hotel
or large Property,
2. Any property having tell rooms or less shall bo known as a Bed and
Breakfast or sinal I property.
Section 3.
Associate membership may be granted to individuals or businesses meeting the associate:
nwinber requirements as set forth by the CVB Board of Directors at their discretion anti
upon payment of any applicable dues.
Page 109 of 118
Section El.
Any associate member may be suspended or revoked for cause as determined by the
Bond of Directors provided shat such allembomiAp may appeal to the boar(l at the next
regular or special meeting of the members, at which time he/she may be reinstated by a
majority vote of the Board,
ARTIC1,F l I I - DIRI C7OR,S
Section 1.
The aRlihs of the C,VB shall be under the management of a Board of Directors and such
officers, agents, employees or cotlanaittees as the 13o<ard may elect, employ or appoint.
Section 2.
Any mull member in good standing is c;ligible to serve on the Board of Directors.
The Board of Directors shall consist of the following seats, base(] on a percentage of
revonue collected, with full voting privileges:
• One (1) representative from Oak Park Heights I lotels and Bed and Breakfasts,
appointed by the representative group
Onc (l ) representative from Stillwater Bed and Breakfasts or small properties,
appointed by the representative group
• "Three (:3) representatives from Stillwater Hotels or large properties, appointed by
the represeiatntive group
Three non - voting seats shall include:
• A representative of the City of Oak Park Yleights
• A representative of the City of StiHwater
• A. represent.adve of the Greater Stillwater Chamber of C:'ommeree
Mid -term Board vacandm will be appohmed by the appropriate representative group.
Section 3.
Powers and Duties of the Board of Directors sh€a.11 include, but iiot be limited to
• Election 0 - f officers.
• Employ Personnel and set salaries.
• Sct call dues and has for associate nombs6hp to the CVB.
• beep the membership informed of the CVB's activities.
Make decisions on expenditures of CVB revenues,
• formulate marketing pram and adverlising campaigns.
• Authorize representatives to attend tn)de shows, conferences or other tourism
related functions.
• Enter into agrooments or contracts with other firms, businesses or individuals
working in furtherance of the CVB's state(] goals.
Page 110 of 118
Se;ctiola �.
The Bowd of Directors shall sleet officers at the first regular meeting held in such
numbund years. Only rnembers of the Board shall be elected as officers, Off:icc;rs of the
Board of Dhectors shall be Iinnited to nienlbers in good standing.
Ile da€ties of the officers shall include but not be lin to:
President
• 1'resi.de at all general meetings cif the CV13 and at all meetings of die Board of
D iredum,
• Make appohibn nts to fill a ny vacancies among the Officers of the Beard for
the re€ minder cWthe torn; subject to the Board's approval.
• Supervise the duties of all employees or agents of the CVB, as directed by the
Board of Directors.
• Represe the CVB at any inecting, convention, or other gathering w he€ e the
interests of [lac; CV13 are at issa. €e, or when so directed by the Board of
D € remors.
Klee President
• Perfornn all duties of the President in his absence.
• In the event of death, resignadmi. or retirement of the President, as5unic the
Presidency for the remainder of the current term and supervise the
appointment of new Vice President.
• Represent the Board at the rc;cluest of the President,
Secretary
• Oversee; the record keeping of die CV33's meetings and aactivibes.
a Represent the Board at the request of the President.
'freasure:r
• Provide a full and accurate account of receipts and disburse €ii ell ts cif [.hc CVI3
Mat be kept in books belonging to the CVB.
• Sign all checks and drafts that are properly drawn on CVB funds.
• Supervise annual financial review.
• I3nsme that all monies are deposited it) the name of the CV13, in such
depositories or safety vaults that may be designated by the Board of
Directors.
• Represent the Board at the regUeSt Of the President.
Section 5.
Directors and Officers may serve fonts of two years and may be elected to consecutive;
terms.
Page 111 of 118
Scction b.
A ny Director who misses three consecutive meetings, without a valid reason given to the;
President in writing prior to the third missed meeting, shall cause his /he ۥ member ;ship on
the board to be vacated.
Section 7.
Directors must subrllit their resil;natiorr to the 1'MSidenl.
Section S.
A Conflict of interest policy will be included in this organization's policy n1<Inual.pl.sl I
ARTIC E,E IV Ml:'I.s71NGS
Section 1.
At least one annual n'reeting of the membership of (lie CVB shrill be held at such tine and
place as designated by the Board of Directors. Lach member shall be notified by e -nail
or postal mail at least three weeks in advance of staid ineeting.
Annual inectings shall be open to all mernbers of tlic CVB in good Standing, with all clues
and assessnlc:nts paid in Tull. Any and all business matters pertaining to the CV13 may be
considered and acted upon at the annual meeting, provided the slime be in writing and
presented to the Board of Directors at least fiiticen days prior to the meeting, so said
business i be placed on the agenda.
Section ?.
An annual report will be made to participating city Councils, Those meetings will be open
to the public.
Section :3.
The Board of Directo €'s will meet at ]east four times per year, at such tine rand place as
they may determine. Additional meetings by the Board iii be held throughout the; year
as is deerrred necessary by the Board. Board neetir7gs are open to the general
n and invited guests for observation; however, the President nay indite
membership comments at a specified time period and the President may call t'or a closed
meeting gat her or his discretion or the Board Capon a majority vote.
Section d.
Due to the nature of this organization, it is recognized that occasions may iarise requiring
timely action by the Board of Directors which make impractical a moiling in por;son. I'll
such instance, the President may initiate a meeting by enail (preferred) or telephone.
].'resident shall make Full record of si€ch meeting and, provided that a quorum is reached,
any action taken shall then be in effect.
Page 112 of 118
Section 5.
A <luorelm shall be reached at mectlnt s, 111 Which at least a simple majority of the
Directors with full voting privilops are present.
ART1C.'LF, ' V -- AMl NDM.I NTS
Section 1.
These bylaws shall be brotlght forward fol' adoption or amendment by a two - thirds vote:
of the Board of Directors.
Section 2,
Upon approval of the Board, the President shall notify (lie me;mhershil) of (110 pending
bylaw amendments and the eight to call a vote.
Section 3.
Upon notice, any member in good standing may call for a.balloted election of the bylaw
an7elldnlcnts. Requests for a Call to Vote shall be filed with the ]resident within ten (10)
Days after notlCe has been given of t.110 pc%ildlll�.; anlell(1171C'nN
Se Lion fit.
if no Call to Vote is filed within the designated period, the pending bylaw amerldrilents
shall be voted upon by the Board of Dil•ectors at tlici]' regtllaC 111eC tll1�.
if a Call to Vote is received, pending bylaw changes shall be placed oil a ballot. The
President shall mail this ballot to all full 111eu7be:rs in goo(i standing at least fifteen (15)
days botbre tho next regular Board meeting,
Section 5,
The President and Secretary, or their designee, shall validate the ballots arid election.
'they shall report the results of the vo(e to (he Board of Directors,
Section G.
The Board of Directors shall, at its regular Board meeting, declare the alllondments
adopted or not adopted according; to the majority of the votes cast.
ARTICLE V1- DISSOLUTION
111 the event of or at the bilge of dissolution of the CVB, any funds or assets remaining;
after paying all costs and expenses of such dissolution shall revert to one or more
qualified charitable organizations as selected by the Board of Directors as defined under
IRS Suction 501.(c)(3).
Page 113 of 118
City of'Oak Park Fleights Ordinance 1411, (adapted Doc 2007)
Page 114 of 118
1411
AN ORDINANCE OF THE CITY OF OAK PARK 1ILIGI- TS ENACTED `I'O F.STA1: LISH A
LOCAL LODGING TAX
THE CITY COUNCIL, FOR THE CI'T'Y OF OAK PARK HEIGHTS, WASHINGTON
COUNTY, MINNl SOTA DOES ORDAIN:
1421.010 Purpose.
In order to increase cormerce and to provide for a vibrant City atmosphere that
will attract tourism and convention business to the City, it is essential that the City be marketed
and promoted by a local convention and tourist bureau.
1411.020 Lodp-inR Tax Establishment.
In furtherance of that purpose, and pursuant to Minnesota Statutes §469.190, a tax
of 3% is hereby imposed on the gross receipts generated within the City from the furnishing for
consideration of lodging at hotels, motels, rooming houses, tourist courts or resorts, other than
the renting or leasing of lodging; for a continual period of 30 days or more.
(1) Collection. Any person, business entity, corporation, partnership or
association (Operator) that provides lodging; to others must collect the tax
at the time lodging charges are paid. The amount of tax must be
separately stated from the lodging charges and held in trust for the City
until remitted to the City.
(2) Payments and. Returns. The taxes imposed by this Ordinance must be ,paid
by the Operator to the City quarterly not later than thirty (30) clays after
the end of the calendar quarter in which the taxes were collected, At the
time of payment, the Operator must submit a return upon forms provided
by the City. The return must contain the following mminium information:
a. The total amount of rent collected for lodging during the
period covered by the return.
b. The amount of tax required to be collected and due for the
period.
C. The signature of the persona filing the return or that of his
agent duly authorized in writing.
d. The period covered by the return,
Page 115 of 118
c. "1'he ailrount, if any, of uncollectible rental charges subject
to the lodging tax,
"Hie Operator may offset against the taxes payable with respect to ally reporting
period, the amount of taxes imposed by this Ordinance previously paid as a result of any lodging
transaction, the consideration for which became uncollectible, an(] exclude from charges subject
to the tax, any person whose occupancy is beyond the power of the City to tax by reason of the
l:edcral law or international treaty.
1411.030 Examination of Return, Adiustments,_Notices and _Demands,
The City shall, after a return is filed, examine the return and make any
examination of the records and accounts of file Operator making the return deemed necessary for
determining its correctness. The tax computed on the basis of the examination is the tax to be
paid, if the tax due is found to be greater than that paid, the excess must be paid to the City
within ten (10) days after receipt of a notice thereof given either personally or sent by registered
mail to the address shown on the return. If the tax paid is greater than the tax found to be due,
the excess must be refunded by the City to the Operator who paid the tax within ten (10) days
after determination of the refund.
1411.040 F=ailure to File a Return.
Subd. 1. If any Operator required by this Ordinance to file a return fails to do so
within the time prescribed, or makes willfully or otherwise an incorrect, false or fraudulent
return, upon written notice and demand, the Operator must file a return or a corrected return
within ten (10) days of receipt of written notice and must at the same time pay any tax due
together with any administrative and staff expenses incurred by the City in the processing and
collection of the late payment, If a person fails to file a return or corrected return, the City may
mare a return or corrected return for the person based upon the knowledge and information and
assess a tax on the basis thereof, which tax (less any payments theretofore made on account of
the tax for the taxable period covered by the return) must be paid due together with any
administrative and staff expenses incurred by the City within ten (10) days of the receipt of
written notice and demand for payment. The amounts due shall become a lien on the property of
the Operator from where the lodging event(s) took place Any return or assessment made by the
City is prima facie correct and valid, and the burden of proving to the contrary rests with any
person in any action or proceeding in respect thereto.
Subd. 2. Upon a showing of good cause, the City may grant an Operator one
thirty (30) day extension of time within which to file a return and make payment of taxes as
required by this Ordinance, provided that interest during the period of extension must be added
to the taxes due at the rate of eight (8) percent per annum.
1411.040 Penalties.
Subd, 1. If any tax imposed by this Ordinance is not paid within the time required
i
for payment, or an extension, there shall be added a penalty equal to ten (10) percent of the
7.-
Page 116 of 118
at�ount remaining unpaid plus ticin7inistrative and City staff tine in pursuing and obtaining the
collection of the tax.
Subcl. 2. If any person •�,Nlillfully fails to file any return or make any payment
required by this Ordinance, or willffully files a false or fraudulent return or willfully attempts in
any manner to evade or defeat the tax or payment thereof, there shall also be imposed a penalty
an amount equal to fifty (50) percent of any tax (less any amounts paid on tl basis of the false
or fraudulent return due together with any administrative and staff expenses incurred by the City)
Bound due for the period to which the retut related. The penalty imposed by this section shall
bu collected as part of the tax and are in addition to any other penalties provided by this
Ordinance. All such amounts shall be liens against the property of the operator and may be
collected by the city in the manner prescribed by Minnesota Statute 514.67.
Subd. 3. All payments received will be credited first to penalties, next to interest
and then to the tax due.
Subd. 4. The amount of tax not timely paid, together with any penalty provided
by this Section, will bear interest at the rate of eight (8) percent per annum from the time the tax
should have been paid until payment is made. Any interest and penalty will be added to the tax.
Subd. 5. In the event that any tax remains unpaid for 30 days after it is due, in
addition to the right to institute legal action to collect the amounts due, the City may certify the
tax, together with any penalty, interest and costs, to the County Auditor for collection with the
real estate taxes.
1411.060 Examination of Business Records.
Persons acting on behalf of the City and authorized in writing by the City may
periodically examine the books, papers and records of any Operator in order to verify the
accuracy of any return made or, if no return was made, to ascertain the tax as provided in this
Ordinance. Every such Operator shall give to the City the means, facilities and opportunity for
examinations and investigations as are hereby authorized.
1411.070 Disnosition of Proceeds.
95% of the proceeds mast be used to fund a local convention and tourist bureau
for the purpose of marketing and promoting the City as a convention and tourist Centel and for
that purpose, the City is authorized to enter into an agreement with the Greater Stillwater Area
Convention and Visitor's Bureau,
1411.080 Violations.
Any person who willfully fails to make a return by this Ordinance or who fails to
pay the tax after written demand for payment, or who fails to remit the taxes collected or any
penalty or interest imposed by this Ordinance after written demand for payment, or who refuses
to permit the City's authorized agents to examine the books, records and papers under their
Page 117 of 118
control, or who willfully inakcs any incomplete:, false or :fraudulent return is guilty of a
misdemeanor.
1411,090 1-Lp_p.ca1.
Subd. 1, Any Operator aggrieved by any notice, order or determination made by
the City under this Ordinance, except for the criminal penalties, must file a petition for review of
such notice, order or determination with the City. The petition shall contain the name of
petitioner, petitioner's address and the location of the lodging subject to the notice, order or
determination. The appeal will be first heard by the City Administrator. Review of the decision
of the City Administrator may be requested of the City Council by the aggrieved party filing a
written notice of review with the City Clerk within ten (10) days after the Administrator's
determination is made to the appellant.
Page 118 of 118