070709 Planning
PLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Tuesday, July 7, 2009
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
. 4.2 PC09-08
Request for conditional use permit amendment, 840154th Avenue North,
Hanson Family Investments, LLC;Master Transfer, LLC, petitioners
Request for conditional use permit, 5040 Winnetka Avenue North, F1vIHC
Corporation for T-Mobile Central LLC, petitioner
5. COMMITTEE REPORTS
. 4.1 PC09-07
5.1
Report of Design and Review Committee - next meeting July 16, 7:30 a.m. (if needed)
Report of Codes and Standards Committee
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6. OLD BUSINESS
6.1 Miscellaneous Issues
III Dialogue with the City Council- July 20
6.2 III Planning Commission review of past planning cases
o PC04-01, Winnetka Green
7. NEW BUSINESS
7.1 Review/Approval of Planning Commission Minutes of June 2, 2009
8. ANNOUNCEMENTS
9. ADJOURNMENT
III Petitioner must be in attendance at the meeting
Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use. The
Planning Commission will recommend Council approval or denial of a land use proposal based upon
the Planning Commission's determination of whether the proposed use is permitted under the Zoning
Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the
surrounding neighborhood.
The Planning Commission holds informal public hearings on land use proposals to enable you to learn,
first:'hand, what such proposals are, and to permit you to ask questions and offer comments. Your
questions and comments become part of the record and will be used by the Council, along with the
Planning Commission's recommendation, in reaching its decision.
To aid in your understanding and to facilitate your comments and questions, the Planning Commission
will utilize the following procedure:
1. The Planning Commission Chair will introduce the proposal.
2. City staff will outline the proposal and staff's recommendations and answer any questions from the
Planning Commission.
3. The petitioner is invited to describe the proposal, make comments on the staff report, and answer
questions from the Planning Commission.
4. The chair will open the public hearing, asking first for those who wish to speak to so indicate by
raising their hands. The chair may set a time limit for individual questions/comments if a large
number of persons have indicated a desire to speak. Spokespersons for groups will have a longer
period of time for questions/comments.
5. When recognized by the chair, the person wishing to speak is asked to come forward and to give
their full name and address clearly. Remember, your questions/comments are for the record.
6. Direct your questions/comments to the chair. The chair will determine who will answer your
questions.
7. No one will be given the opportunity to speak a second time until everyone has had the opportunity
to speak initially. Please limit your second presentation to new information, not rebuttal.
8. At the close of the public hearing, the Planning Commission will discuss the proposal and tal<:.e
appropriate action.
A. If the Planning Commission recommends that the City Council approve or deny a request, the
planning case will be placed on the City Council agenda for the next regular meeting. Usually
this meeting is within one to two weeks of the Planning Commission meeting.
B. If the Planning Commission tables the request, the petitioner will be asked to return for the next
Commission meeting.
Planning Case:
Petitioner:
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date:
Report Date:
July 7,2009
July 2, 2009
09-10
Hanson Family Investments, LLC;Master Transfer
8401 54th Avenue North
Conditional Use Permit Amendment
I. Request
The applicant is requesting an amendment to the existing conditional use permit for additional outdoor
storage for commercial HV AC units, boilers and miscellaneous items. There would be no changes to
the site other than the additional outdoor storage.
II. Zoning Code References
4-30 (c) Administration - General
4-33 (d) Conditional Use Permit Amendment
III. Property Specifications
Section( s)
Zoning:
Location:
Adjacent Land Uses:
Site Area:
Building Area:
Lot Area Ratios:
PlaIming District:
Specific Information:
Planning Case Report
I, industrial
The site is the third building east of the intersection of 54th A venue North and
Boone Avenue North on the south side of the road.
To the immediate east, west and south is industrial, to the northvlest is R-4,
high density residential (North Ridge Care Center) aI1d to the north and
northeast is R-l, single family residential.
226.8 X 621.0 for 140,984 square feet or 3.24 acres.
5,048 square feet
Building area:
Paved area:
3.5%
68.66% or 96,797 square feet
27.7% or 39,139 square feet (18,721 square feet
comprised of a regional storm water pond
Green area:
District No.5.
The applicant is applying for an amendment to the site's existing conditional
use permit to allow for additional outdoor storage for the operation of their
businesses. The businesses consist of a mobile crane service and a trucking
company. The mobile crane portion of the business consists of ten mobile
Page 1
July 7, 2009
cranes and six trucks. The trucking portion of the business consists of 20
trucks and 30 trailers. This proposed use of the site is less intense than the
current Master Transfer use of the site. Master operated 19 semi tractors and
eight dock trucks on the site plus 33 trailers. Additionally, Master does repair
work on their four garbage trucks at this location in addition to service work
on private trucks and trailers. The proposed trucking business is over the
road and therefore only the excess trailers to tractors will be regularly on site.
IV. Background
This site was developed in 2005 by Master Transfer for the relocation of their business to New Hope
from Crystal. Having outgrown the current site Master is looking to relocate out of the city. Hanson
Family Investments, LLC, is looking to relocate their business to New Hope as they are in the process
of being displaced by the city of Minneapolis by a bridge reconstruction project.
V. Petitioner's Comments
"We would like to move our business to this location, but need to provide outside storage to our
customers. Our purchase of this building is contingent on this amendment. The list of equipment we
will be looking to store outdoors is as follows:
III HV AC equipment which includes: air conditioning units, heat exchangers, cooling towers,
boilers, condensing units, air to air exchangers.
o Wood blocking pieces, which would be used under HV AC units to keep them from freezing
onto the ground surface in the winter months.
III Wood pallets.
III Compressors.
o Crane jib sections, rigging and spreader bars (steel beams).
III Semi tractors and trailers, and hydro cranes.
III We would limit the stacked height of any equipment to 14' high.
The area we are looking to store equipment would be to the rear of the building behind the fence, from
approximately 30' from the rear of the building to the rear fence of the yard. The area is approximately
78'W X 300'L, which is the area of Options #2 on our diagram.
VI. Notification
Property owners within 350 feet of the property were notified and staff has not received any
comments.
VII. Development Analysis
A. Zoning Code Criteria
Section 4-33 Administration - Conditional Use Permit
(d) Conditional use permit amendment. No significant change in size (more than 25 percent of building
size), circumstances or scope of operations for a use permitted by an approved conditional use permit shall be
undertaken or allowed to remain uncorrected for any significant period of time without approval of an
amendment by the city council.
Planning Case Report
Page 2
July 7, 2009
(1) What circumstances constitute a significant change or changes shall be determined by the city
manager or designated agent and may include, but are not limited to, expansion of structures and/or
premises or operational modifications that affect the intensity of use. Significant changes in the scope
of the approved use may include, but not be limited to, removal or abandonment of any important
facility or use, hours of operation, number of employees or increased traffic and like.
(2) Holders of a conditional use permit may request an amendment to the permit at any time pursuant
to the provisions for application set forth in subsection 4-30(c).
ANALYSIS
The applicant's proposal for the use of the site is considered a significant change to the Outdoor Storage CUP.
The original outdoor storage CUP conditions are as follows:
. Storage on the east side of the Property's principle building of no more than six (6) drop-off trailers in
designated stalls.
. Surfacing of all outdoor storage areas with bituminous or concrete.
o Refraining at all times from outdoor storage of any hazardous liquids, solids, gases or wastes.
o Use of the outdoor storage area for only trucks and truck trailers, with the Developer acknowledging and
agreeing that it will not store other items outdoors unless it first applies for and receives a conditional use
permit (CUP) amendment.
The applicant's application for a CUP amendment is consistent with the last point of the prior CUP approval
requiring application and approval of a CUP amendment prior to storing other materials outdoors. The original
CUP agreement did not allow for outdoor storage except for trucks and trailers. The proposal under the CUP
amendment will authorize the outdoor storage of trucks, trailers, cranes and materials (per submitted list) storage.
B. Development Review Team
The Development Review Team met on June 17 to consider a request from Hanson Family
Investments, LLC, for a conditional use permit amendment for additional outdoor storage on
the site. The applicant would be storing for their customers various HV AC units prior to the
eventual installation at the customer's site. There would be no changes to the site other than
additional outdoor storage. The Development Review Team offered the following comments:
e Provide a list of items to be stored outside.
e Limit stacking to 13 feet in height.
o Provide details on exact size of storage area.
e Staff prefers location Option #2.
C. Design and Review Committee
The Design and Review Committee met on June 18 and discussed the project with the applicant.
The committee discussed Development-Review Team comments but had one modification and
that was to allow storage to a maximum height of 14 feet based on the fact that the legal road
height limit in Minnesota is 13' 6/1 and with the use of blocking under the product a 14' height
would be required. The committee was generally supportive of the application.
Planning Case Report
Page 3
July 7, 2009
D. Plan Description
1. Zoning Section
I, industrial
2. Setbacks (Building Placement)
Existing, with no changes planned.
3. Circulation, Access, Traffic and Emergency Vehicle Access
Existing, with no changes planned.
4. Curbing, Sidewalk and Pavement
Existing, with no changes planned.
5. Parking
Due to a reduction of the intensity of use on the site not all of the existing parking would be
required. A portion of the excess would be converted into the outdoor storage area.
6. Building
Existing, no changes planned.
7. Landscaping and Screening
Existing, no changes planned.
8. Lighting Plan
Existing, with no changes planned.
9. Signage
No application has been submitted. The applicant will have to apply for a sign permit.
10. Utilitv Plan
Existing, with no changes planned.
11. Location of Services, Loading, Drive-through, Trash, Equipment and Outdoor Storage Areas
Existing with no changes planned except for the increased outdoor storage area.
12. Project Specific Issues
This project presented no specific issues. It is compliaI1t with the goals of the city's
comprehensive plan goals 1 a. and b.
"The City's primary goal is to promote and enhance the industrial land uses within
Planning District 5 in a manner that compatibly relates to the surrounding residential areas.
To accomplish this, the following recommendations or suggestions are made:
a. Future use, improvement, redevelopment and/or expansion of the industrial land
uses along 54th Avenue and north of 51st Avenue must continue to take steps to
reduce land use compatibility issues with adjoining residential areas through site
design, building aesthetics, proper screening and noise mitigation.
Planning Case Report
Page 4
July 7, 2009
b. The city will work with existing property ovvners and businesses to encourage the
continued industrial use of the sites and reinvestment with industrial businesses in
District 5, while resolving outstanding land use compatibility issues."
E. Design Guideline Compliance
The site, building and landscaping are existing and no changes are planned therefore the design
guidelines do not apply.
F. Planning Considerations
City planner comments are incorporated into the report.
G. Building Considerations
Building official comments are incorporated into the report.
H. Legal Considerations
City attorney comments are incorporated into the report.
1. Engineering Considerations
City engineering comments are incorporated into the report.
J. Police Considerations
Comments from the Police Department are incorporated into the report.
K. Fire Considerations
Comments from West Metro Fire-Rescue are incorporated into the report.
VIII. Summary
Hanson Family Investments, LLC, the applicant, plans to purchase the Master Transfer site at 8401 54th
Avenue North and relocate their business from its current Mumeapolis location. The applicant is being
displaced by the city of Mirmeapolis for a bridge reconstruction project. The applicant operates a
mobile crane service and a trucking company. The mobile crane service primarily is involved in the
setting of HV AC equipment at their customer locations. The trucking company is over the road
trucking. The sizes of the two companies combined are similar to that of Master Transfer, but with the
trucking business largely over the road rather than local cartage, the usage of the site will, therefore, be
less intense. The general hours of operation of the business will be between the hours of 7 a.m. and 5
p.m., Monday through Friday.
IX. Recommendation
The Design and Review Committee and staff recommend approval of the conditional use permit
amendment with the followu1g two conditions:
1. The height of all stored material shall be limited to a maximum of 14 feet.
2. The area of the outdoor storage shall be as identified in Option #2 submitted by the
applicant.
Planning Case Report
Page 5
July 7, 2009
Attachments:
. Application
. E-mail narrative to accompany application
. Plans
. Location maps
. Aerial Photo
. Existing site CUP
· Application log
Planning Case Report
Page 6
July 7, 2009
,
tCffib PLANNING
APPLlCA TION TO PLANNING COMMISSION AND CITY COUNCIL
City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428
() 7- i 0 Basic Fee Deposit
Case No.
Date Filed (fl!fb/C>~ 3 ;).~ 900--
Receipt No. !O,)..).q I
Received by .(L\...o
v
Name of Applicant: Hanson Family Investments LLC
PID 07 11 8 21 1 2 0009
Street Location of Property:
8401 54th Avenue North New Hope, t-1N
Legal Description of Property:
Lot 1 Block 1 r1asters New Hope Addition, Hennepin County, r1N
OWNER OF RECORD: Name: r1aster Real Estate LLC
Address: 5232 Hanson ct Crystal, l'1N 55429
Home Phone: 763-533-4301 Work Phone: 763-464-2605 Fax: 763-535-0638
Applicant's nature of Legal or Equitable Interest:
Vve are in the process of purchasing the property.
Type of Request: (pertaining to what section of City Code) Conditional Use Permit
AmpTlc1ment
Please outline Description of Request: (use additional pages if necessary)
We need a amendment to the current conditional use permit for
outdoor storage of commercial HVAC units,boilers and misc items.
Why Should Request be Granted: We would like to move our business to this
lnc;ation, but need to provide outside storage to our customers.
()l1r pnrc;hase of this building in contingent on this amendment.
(attach narrative to application form if necessary)
1-09
Applicant acknowledges that before this request can be conslderect iMd/or approved, ;!Ill fees, Including the
basic;: zoning fee and any zonl.ng deposits (as outlined 11"1 the attached application m~lerials) m\,,(st be paid to
the city and that, If additional fees are requlreo to cover costs Incurred by the cIty, the clty l't1~nager has the
rlCiht to. reouirJ' additional Dayment.
The olty hereby notifies the applicant that state law requlniis that the development review be completed
within 60 days from the cHis acceptance of this, ap~lication. If the developmMt revlew cannot be
completed within 60 cleys, regardless of the reSson, tns city shall extend the review complatiOl'\ deadline
an additional 60 days as al!iQ permitted by state law. Development review shall be completed wIthin 120
.days unless ad tional revlew . nsions are approved by the applicant In writing. The Community
Development D rtm nt will not f ':you or all meetings, .
~
Signed:
MArl A.
A S\r-er
EVidence of Ownership Submittet;i:
r:OR CiTY USE ONL't
Yes_ No~ Require.d_
Yes /,// No~ RequJred~
Yes /' No_ Requlred_
Certified Lot Survey:
Legal Description Adequate:
Legal Ad Required:
Pate of Design & Review Meeting:
Date of Planning Commission Meeting: ."
Ye;c_ No_ Requtrsd_
Approved: _ Denled:_
By Planning Conir"nisslon on: ~
Approved: ~ Denied:_
By City Council on:
Subject to the following conditlons:
=
Jacobsen Curtis
From:
Sent:
To:
Subject:
Pete Hanson [Pete@innovativetransport.com]
Tuesday, June 23, 2009 2:26 PM
Jacobsen Curtis
CUP Amendment for Outdoor Storage Revised Plan
Good Afternoon Curtis,
I am e-mailing you in regards to our meeting with the Design & Review Committee Thursday 6/18/09 for the Conditional
use permit amendment for the property at 8401 54th Ave North, New Hope, MN.
*The list of equipment we will be looking to store outdoors is as follows:
-HV AC Equipment which would include: air conditioning units, heat exchangers, cooling towers, boilers, condensing units,
air to air exchangers.
-Wood blocking pieces, which would be used under HVAC units to keep them from freezing onto the ground surface in the
winter months.
-Wood pallets.
-Compressors
-Crane jib sections, rigging and spreader bars(steel beams).
-Semi tractors and trailers, and hydro cranes.
*We would limit the stacked height of any equipment to 14' high.
The area we are looking to store equipment would be to the rear of the building behind the fence, from approximatley 30'
from the rear of the builing to the rear fence of the yard. The area is approximatley 78W x 300' L.
Which is the area of Option#2 on our diagram.
Please let me know if this e-mail is acceptable for the revision plan of our application. If not I will type something on paper
and deliver it to the City of New Hope office.
One question I have, can you tell me what kind of time frame it will take to get the acceptance or the rejection on the
Amendment? I see the Council Public Hearing is on July 27,2009, is that the date we will know something for sure? We
are trying to get a purchase agreement signed on the property, but one of the contingencies to closing will be the CUP
Amendment. So I need to have a time frame for closing.
Best regards,
Pete Hanson
Hanson Family Investments LLC
Ph#612-521-7357
Fax#612-521-2407
1
HARRY S. JOHNSON
LAND SURVEYORS
9063 Lyndale P.,V6. SO. B1Domin'~ton, tAN. 55420
phone: 952-S84-534i fox: 952-884-5344
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1
CITY OF NEW HOPE
CONDITIONAL USE PERMIT AGREEMENT &
SITE IMPROVEMENT AGREEMEJ\TJ'
THIS AGREEMENT is entered into by Master Transfer, a Minnesota corporation
(hereinafter ''Developer'') and the City of New Hope, a Minnesota municipal corporation
(hereinafter "City"), effective the 11th day of April, 2005.
"WHEREAS, on July 26,2004, by Resolution No. 2004-139, the City Council approved the
Developer's site/building plans for that certain vacant property located in the City east of a separate
piece ofland that was more commonly knO\Vll as 8501 - 54th Avenue North, which vacant property
was not at the time assigned an address but was knO\Vll as Outlot A, Thompson New Hope
Addition, (the "Property"); and
"WHEREAS, the aforementioned approved sitelbuilding plans are set forth in Planning
Case No. 04-14 (the ''Plans'') and contemplate construction of a 5,048 square foot warehouse; and
"WHEREAS, the City Council by Resolution No. 2004-139 additionally approved the
Developer's proposed preliminary plat of the Property, which preliminary plat changed the name of
the Property from Outlot A, Thompson New Hope Addition to Masters New Hope Addition; and
WHEREAS, the City Council by Resolution No. 2004-139 additionally approved the
Developer's request for two (2) separate and new conditional use permits relating to the Property,
with one conditional use permit authorizing outside storage in excess of 20% of gross building floor
area (the "Outdoor Storage CUP") and the other conditional use permit authorizing construction of
a 10-foot fence (the ''Fencing ClJP"); and
WHEREAS, Resolution No. 2004-139 stated that each of the above-referenced approvals
was granted subject to a group of conditions, which conditions are summarized as follows:
(1) Execution of a site improvement agreement with the City, to include a requirement
of Developer performance security in an amount determined by the City Engineer
and City Building Official;
(2) Compliance with City Engineer recommendations, including written
recommendations dated June 16,2004 and July 7,2004;
(3) Compliance with City Attorney's Office written preliminary plat recommendations
dated June 22, 2004;
(4) Approval of the Plans by the City Building Official;
(5) Approval of the Plans by the West Metro Fire-Rescue District, followed by
Developer compliance with any conditions/recommendations issued in conjunction
1
with such approval;
(6) Compliance with City PlannerlPlanning Consultants recommendations including:
A. The filing of an application to begin the process of City vacation of the
existing ponding easement (located in the southeast corner of the Property),
and cooperation with the processing of that application;
B. Providing documentation to verify that an appropriate, signed cross-
easement agreement is in place and recorded to enable formal access sharing
'with the land lying to the west of the Property;
C. Installation of signs stating that the aforementioned shared access is for
ingress truck access only;
D. Re-design and designation of the Property's parking lot for use exclusively
by automobiles;
E. Designation of no more than six (6) truck parking stalls, wbich stalls are to
be located east of the Property's principal building and must be in front of
the fenced area;
F. Submission of more detailed information regarding the proposed trash
enclosure for the Property, wbich information must include elevation
depictions and must establish that the exterior of the enclosure will match
that of the principal building located on the Property;
G. Inclusion oflandscaping along the front of the foundation(s) of the building
or buildings located on the Property, with appropriate ongoing irrigation
activities to be undertaken and with all landscaping done in compliance with
the recommendations of the City Forrester;
H. Verification that the Property's impervious surface does not exceed 80% of
the total gross square footage of the Property;
I. Installation of outdoor lighting sources in such a way that the sources are not
visible from surrounding properties and rights-of-way; and
J. Design of all site signage in a manner that meets applicable ordinance
requirements.
(7) Operation of outdoor storage under the Outdoor Storage CuT in compliance with
the following terms:
A. Storage on the east side of the Property's principal building of no more than
six (6) drop-off trailers in designated stalls;
2
B. Surfacing of all outdoor storage areas with bituminous or concrete;
C. Refraining at all times from outdoor storage of any hazardous liquids, solids,
gases or wastes; and
D. Use of the outdoor storage area for only trucks and truck trailers, with the
Developer acknowledging and agreeing that it will not store other items
outdoors unless it first applies for and receives a conditional use permit
(CUP) amendment.
(8) Construction/maintenance activities for the Fencing CUP in compliance with the
following terms: .
A. Installation of only fencing fabric that has been approved by City staff;
B. Installation of a fence no more than ten (10) feet high, provided that such
height is approved by the City Fire Inspector; and
C. Installation of a fence lower than ten (10) feet high if required by the City
Fire Inspector.
(9) Submission of a final plat directly to the City Council, as the City Planning
Commission elected to waive its review of the final plat;
(10) Payment of all required park dedication fees; and
(11) Payment of any and all fees associated with the Thompson Addition
plaUdevelopment, to the extent such fees are still outstanding;
and
WHEREAS, before the Developer applied for building permits or started any construction
on the Property, the Developer requested and received a munber of consecutive extensions of time
for the submission of its proposed final plat for the Property and submitted a final plat proposal
within the extended time period; and
WHEREAS, the City Council on March 28, 2005, by Resolution No. 2005-49 approved
the Developer's proposed final plat for the Property and indicated that the signatures of the required
City representatives could be affixed to the final plat once matters cited in that Resolution were
fully addressed by the Developer; and
WHEREAS, before the Developer applied for building permits or started any construction
on the Property, the Developer also submitted to the City a revised site plan dated March 7, 2005
(the "Revised Site Plan"); and
WHEREAS, the City's Planning Consultants reviewed the Revised Site Plan and
determined that its changes to the original sitelbuilding specifications were all of a nature that
3
allowed the City Manager, consistent with his discretion under the City Code, to exempt the
Revised Site Plan from some or all of the City's typical required review procedures for builcling and
site plan approval; and
WHEREAS, the City Manager elected to exercise his discretion to exempt the Revised Site
Plan from all required procedures for builcling and site plan review other than administrative review
by designated City staff; and
and
WHEREAS, City staff designated by the City Manager reviewed the Revised Site Plan;
WHEREAS, City staff designated by the City Manager approved various comments made
by the City Planner/Planning Consultant with respect to the Revised Site Plan, which new
comments necessitate administrative adjustments to the original conditions imposed on the above-
outlined individual approvals as follows:
(i) Subsection (6) of the SID "Whereas" clause above (outlining compliance \vith
recommendations of City Planner/Planning Consultants) was determined to be
administratively adjusted as to the following:
a. An addition to the recommendation in Subsection (6)(A), requiring the
Developer to submit a revised gracling and drainage plan, which plan is to
take into account builcling relocation and the anticipated vacation of the
existing poncling easement, and further requiring that the revised gracling and
drainage plan be reviewed and approved by the City Engineer (the original
requirements of Subsection 6(A) to also remain conditions of approval);
b. An adiustment to the recommendation in Subsection 6(e), allowing signage
along the shared access way to provide for truck egress as well as ingress
(the balance of Subsection 6(e), to the extent not modified by the foregoing
language, to remain as condition(s) of approval);
c. An adiustment to the recommendation in Subsection 6(E), requiring all truck
parking stalls be located behind the Property's principal building (the
balance of Subsection 6(E), to the extent not modified by the foregoing
language, to remain as condition(s) of approval);
d. An adiustment to the recommendation in Subsection 6(F), omitting the
requirement for more-detailed trash enclosure plans (the balance of
Subsection 6(F), to the extent not modified by the foregoing language, to
remain as condition( s) of approval);
e. Elimination of the recommendation in Subsection (6)(H), given that the
Developer has documented as part of its Revised Site Plan submission that
only 77.6% of the Property's gross square footage includes impervious
surfaces; and
f The addition of a new condition that the Developer obtain approval from the
4
City Engineer for all Property easements;
(ii) Subsection (7)(A) of the 5th "Whereas" clause above (outlining terms of operation
governing Outdoor Storage CUP) was determined to be administratively adjusted to
provide that all drop-off trailer storage be limited to the area behind the Property's
principal building (the balance of Subsection (7)(A), to the extent not modified by
the foregoing language, to remain as condition(s) of approval); and
WHEREAS, to the extent not specifically modified or deleted or expanded in the preceding
paragraph, the City staff designated by the City Manager upheld all other conditions outlined in the
5th "Whereas" clause of this Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED by the Developer and the City as follows:
1. INCORPORATION OF RECITALS. The recitals above are each incorporated herein by
reference, specifically including (but not limited to) each individual itemized condition of
the Outdoor Storage CUP and the Fencing CUP. The Fencing CUP and the Outdoor
Storage CUP shall collectively be referred to herein as "the CUPs".
2. THE WORK. The Work shall consist of the site improvements described in the Plans,
including the Secured Work as described below, and including any future amendments to
the Plans which are approved by the City Councilor administratively approved, if
specifically authorized by the City Manager, by City staff. The Work shall be performed by
the Developer to the City's satisfaction and in compliance with all applicable codes,
ordinances, standards, and policies of the City.
3. THE SECURED WORK. The Secured Work includes all on-site exterior amenities shown
on the Plans, including but not limited to the itemized list included in the ''Financial
Guarantee" section appearing below. The Developer shall maintain all Secured Work for as
long as the one or both of the CUPs are in effect. Failure of the Developer to so maintain
the Secured Work will be a basis for revocation of one or both of the ClJPs.
4. COI\1PLETION. The Developer agrees that the 'vVork shall be completed in its entirety on
or before the _ day of ,200_ (the Completion Date), except as this
period of time is extended by resolution of the City Council, or by the City taking no action
to require completion hereunder on a timely basis. It is understood and agreed that failure
of the City to promptly take action to draw upon the bond or other security to enforce this
Agreement after the expiration of the time in which the Secured \V ork is to be completed
hereunder will not waive, estop or release any rights of the City and the City can take action
at any time thereafter to require completion of the Secured Work, and payment for same.
Furthermore, the term of this Agreement shall be deemed to be automatically extended until
such time as the City Council declares the Developer in default thereunder, and the statute
of limitations shall not be deemed to commence running until the City Council has been
notified in "Yvriting by the Developer that the Developer has either complied with this
Agreement, or that it refuses to for any reason. These provisions shall be applicable to any
person who shall give a financial guarantee to the City as required below.
5
5. COST OF WORK. The Developer shall pay for all costs of persons doing the Work or
furnishing skill, tools, machinery or materials, or insurance premiums or equipment or
supplies and all just claims for the same, and the City shall be under no obligation to pay the
Developer or any subcontractor any sum whatsoever on account thereof, whether or not the
City shall have approved the subcontract or subcontractor, and the Developer and its surety
shall, consistent with the hold harmless provisions of this Agreement, hold the City
harmless against any such claims and provide the City with all necessary lien waivers.
6. DEFAULT. In the event of default by the Developer as to any of the Secured Work, the
City may, at its option, perform the Secured Work and the Developer shall promptly
reimburse the City for any expense incurred therein by the City, provided the Developer is
first given written notice by United States Mail of the portion of the Secured Work that is in
default and required to be done by the Developer, with not less than seven (7) calendar days
being given to the Developer to remove the default status, said notice to be addressed to the
Developer at the address set forth below. The parties hereto specifically agree that notice
given in this manner shall be deemed sufficient if given as described. Such notice to the
Developer shall also constitute, without further action, notice to any contractor or
subcontractor, whether the contractor or subcontractor is approved and accepted by the City
or not. In the event of emergency, as determined by the City Engineer, the seven (7) day
notice requirement to the Developer shall be and hereby is waived in its entirety by the
Developer, and the Developer shall reimburse the City for expenses incurred by the City as
a result of the emergency in the same manner as if mailed notice as described above had
been given. It is understood by the parties, however, that the responsibility of the Developer
is limited by strikes and force majeure.
7. REVOCATION OF CUP(S). The City Council approved the CUPs for the Property subject
to certain conditions including, but not limited to, completion of the Secured Work. As an
additional remedy separate and independent from any other remedy available under tills
Agreement or othenvise available by law, the City upon a Developer breach not cured
within the time allowed by this Agreement may revoke one or both of the ClJPs. The
Developer acknowledges and agrees that the City may also revoke one or both of the ClJPs
for failure ofthe Developer to satisfy any of the conditions of the CUPs.
8. ADMTh.TISTRATION COSTS. The Developer agrees to reimburse the City for the actual
costs to the City associated with the administration of Planning Case 04-14, the CUPs and
tills Agreement including, but not limited to, engineering and attorney's fees. The
Developer agrees that the financial guarantee required by tills Agreement shall not be
released until all such costs have been paid to the City.
9. HOLD HA-R-MLESS. The Developer agrees to indemnify and hold harmless the City and
its agents, employees, and representatives against any and all claims, demands, losses,
damages and expenses (including, but not limited to, attorney's fees) arising out of or
resulting from the Developer's negligent or intentional acts, or any violation of any safety
law, regulation or code in the performance of this Agreement, without regard to any
inspection or review made or not made by the City, its agents, employees, or
representatives, or failure by the City, its agents, employees, or representatives to take any
other prudent precaution. In the event any City employee, agent or representative shall
6
come under the direct or indirect control of the Developer, or in the event that the City,
upon the failure of the Developer to comply with any conditions of this Agreement or one
or both of the CUPs, performs said conditions pursuant to the financial guarantee in place
pursuant to this Agreement, the Developer shall indemnify and hold harmless the City, its
employees, agents and representatives for its/their O'WTI. negligent or intentional acts in the
performance of the Developer's required work under this Agreement or one or both of the
CUPs. Nothing in this Section or in this Agreement is intended to waive any municipal
liability limitations contained in Minnesota Statues, particularly Chapter 466.
10. COST OF ENFORCEME}.rr. The Developer agrees to reimburse the City for all costs
incurred by the City in the enforcement of this Agreement, or any portion thereof, including
court costs and reasonable engineering and attorneys fees.
11. FINANCIAL GUARANTEE. The Developer shall furnish the City with a financial
guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a
performance bond issued by an approved corporate surety licensed to do business in the
State of :Minnesota, and executed by the Developer as the principal; c) an irrevocable letter
of credit; d) an automatically renewing certificate of deposit in Developer's name but
assigned to the City; e) other financial instruments which provide equivalent assurance to
the City. Said financial guarantee shall be furnished to the City as security to assure
completion of the items of Secured Work as set forth above, and payment of the costs of
administration as set forth above. The financial guarantee shall be in the amount of Six
Hundred Seventy-Nine Thousand and No/lOO Dollars ($679,000.00) calculated as follows:
Item Amount
Pavement $236,400.00
I Curb and Gutter $16,400.00
Storm Sewer I $66,900.00
Sanitary Sewer I $9,000.00
Water Service I $13,600.00
Removals I $14,300.00 I
I Fence
! Retaining Walls
Restoration and Landscaping
Pond Excavation and Skimmer Structure
I Subtotalfor constrnction
+ 50% Increase
I Total
I
I
I
I
I
I
I
$16,800.00 I
$18,500.00 I
$17,700.00 I
$43,000.00
$452,600.00
$226,300.00 I
$679,000 I
The financial guarantee provided shall continue in full force and effect until the City
Council approves and accepts all of the Secured Work and releases the surety and/or the
Developer from any further liability and until all admirristrative costs and any enforcement
costs are paid in full.
The City Council may reduce the amount of the financial guarantee from time to time upon
request of the Developer as portions ofthe Secured Work are completed, provided that such
7
request is accompanied by a recommendation by the City's Building Official and/or the City
Engineer and further provided that payments of all outstanding administrative and
enforcement costs for this Agreement are current. As the City Council approves such
reductions, the City shall be entitled to retain a sum equivalent to up to one hundred fifty
percent (150%) of the estimated value of the remaining Secured Work to be performed
and/or paid for by the Developer.
12. NOTICE. The address of Developer for purposes of this Agreement is as follows, and any
notice mailed by the City to this address shall be deemed sufficient notice under this
Agreement until notice of a change of address is given to the City in writing:
Master Transfer
5232 Hanson Court
Minneapolis, MN 55429-3111
13. SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or phrase
of this Agreement is for any reason held to be invalid, such holding shall not affect the
validity of the remaining portion of this Agreement.
14. SUCCESSION. This Agreement shall be binding upon the parties, their heirs, successors or
assigns, as the case may be.
15. PARK DEDICATION FEE. Payment of a park dedication fee of Eight Thousand and
Noll 00 Dollars ($8,000.00) shall be made in full by the Developer no later than at the time
the Developer requests a grading permit, or, if a grading permit is not required, no later than
the time the Developer requests a building permit for the Property.
16. COU1\TTERP ARTS. Tbis Agreement may be executed in any number of counterparts, each
of wbich shall be deemed to be an original but all of wbich shall constitute one and the
same instrument.
IN VVITl\'ESS WHEREOF, we have hereunto set our hands and seals.
[The Remainder OfTbis Page Is Intentionally Blank; Signature Pages Follow]
8
CITY OF NEW HOPE
By: 7rI--tdti~~ ,
,... xl' . v' -
lVlartm E. Opem Sr.
~.I a~or .,", /J
By: J /" '-'U!~
Daniel J. J::)onahue .
Its City Manager
I I '
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MAST~'lt.. TIT~' sk,\,' Ri\(~
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By: \\iv\ \ !.~ ~~ \Q,S I, "
ItS 1"- /\ ;11 f~U</V
)UL~~~*
By:
STATE OF 1v.lJ:NN"ESOTA
} ss.
COLJ'NTY OF HEl\TN"EPIN
The foregoing instrument was acknowledged before me this ~CY day of LLiJ-1-r).- ,2005,
by Martin E. Opem Sr. and Daniel J. Donahue, the Mayor and City Manager, respectitely, of the City of
New Hope, a Minnesota municipal corporation, on behalf of said JJ?unicipal corporation.
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Notary Public
VALERIE LEONE
NOTARY PUBLIC. HINNESOTA
My Commission Expires JZ,' :... )01 ()
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STATE OF MIN"N"ESOTA
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COLJl'.IIY OF R (Lr().QV..)I
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The foregoing instrument was acknowledged before me this.:;2..1 day of ()J:)r..>..2. ,2005,
by M3,K Maste.i- and ~o.o( fV\bStD-, the Prcs'ld~ and ViCe. President: ,
respectively, of Master Transfer, a Minnesota corporation, on behalf of said corporation.
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Memorandum
To: Planning Commission
From: Curtis Jacobsen, Director of Community Development
Date: July 7, 2009
Subject T-Mobile Conditional Use Permit Request
The information that the Planning Commission sought from T-Mobile and its representative was not
made available as requested by June 26. As a result, to comply with the 60-day rule and in this case
the extended 60-day rule, it is appropriate for the Planning Commission to pass a motion
recommending the City Council deny the CUP application requested by T-Mobile.
To comply with the 60-day rule or the extended 60-day rule, a final decision has to be made within
the 60 or 120 day window. The application before us would have to be finalized by August 7. Since
the City Council will only meet once in July on July 27 and the next meeting is on August 10, the
Planning Commission meeting on July 7 is the last opportunity for action on this application.
If someone on the Commission will make a motion to deny this application, the issue can be put to
rest.
Memorandum
To:
Planning Commission
Curtis Jacobsen, Director of Community Development
July 2, 2009
From:
Date:
Subject:
Miscellaneous Issues
NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional
detail on Council/EDA actions on Community Development related issues or other city projects.
1. Tune 8 Council/EDA meeting - The following planning/development/housing items were
discussed:
iii Presentation to the Spring 2009 New Hope Outstanding Business Award to Bass Lake Pet
Hospital- Dr. Rick Cameron accepted award.
o PC09-04, Resolution approving request for CUP, variance and text amendment to operate a
kennel facility in the industrial zoning district, Hearing & Service Dogs of Minnesota:
Approved, as recommended by the Planning Commission.
II Ord. 09-05, An ordinance amendment Chapter 4 of the New Hope city code bv adding
additional conditions relating to the allowance of animal kennels as a conditional use in
the industrial zoning district: Adopted, see attached ordinance.
iii PC09-06, Resolution extending 60 day time limit required by MN Stat. 15.99 Subd. 2 for
response to zoning application requesting a CUP, 5040 Winnetka Avenue for T-Mobile for
a personal wireless service antenna: Approved, see attached Council request.
II Motion authorizing the preparation of a feasibilitv report for the construction of a water
quality pond in the area of 45th and Winnetka avenues: Council authorized staff to prepare
feasibility report, see attached Council request.
o Motion authorizing preparation of plans and specifications for the proposed 2009 New
Hope retaining wall rebuilding project: Council authorized staff to prepare plans and
specifications, see attached Council request.
2. June 15 Council Work Session - The following planning/development/housing items vvere
discussed:
G Update on city center redevelopment project: Representatives of Ryan Companies stated
the facilities study revealed that in order to explore relocation of the administration building
and bus garage, the school district should carefully consider Winnetka Learning Center,
Hosterman, and Sandburg sites. The school board was also meeting the on June 15 and
would determine vvhether or not to consider relocation. Ryan is still interested in the site. See
attached Council request.
Miscellaneous Issues
Page 1
7/2/09
e Discussion regarding the possible adoption of a process for the registration of vacant
properties: Council had directed staff to research a registration process for vacant properties.
The registration would allow the city to have a contact for all vacant buildings. The program
could be fairly simple and include "snow birds" who are out of state during winter months.
Staff was directed to prepare a draft ordinance to be reviewed at a future work session. See
attached Council request.
. Discussion regarding various properties for possible city/EDA acquisition/involvement:
The Council discussed properties at 5400 Zealand, 5431 Utah, and 4424 Nevada. Also
mentioned was the vacant, city-owned properties along 62nd A venue. Beginning July 1,
funding will be available in the amount of $120,000 through the Neighborhood Stabilization
Program (NSP) to assist with acquisitions located north of the railroad tracks. See attached
Council request.
e Discussion regarding business subsidy policy and potential new business assistance
programs and initiatives: Staff to research other cities and bring suggestions to a future
work session for discussion. See attached Council request
3. Tune 22 Council/EDA meeting - The following planning/development/housing items were
discussed:
o PC06-14, Resolution releasing the letter of credit for Holy Trinity Lutheran Church:
Approved, see attached Council request.
€> PC08-04, Resolution releasing the letter of credit for Conductive Containers, Inc.:
Approved, see attached Council request.
o PC09-08, Resolution approving PC09-08, request for site and building plan review for
liquor store in existing building, 9400 36th Avenue: Council to continue discussion at July
20 work session, along vvith liquor license.
€> PC09-07, Resolution approving PC09-07, request for side yard setback variance to allow
for an addition above an existing garage at 2701 Quebec Avenue: Approved as
recommended by the Planning Commission.
e Project 806, Resolution approving plans and specifications for the proposed Northwood
Lake west inlet cleaning project and ordering advertisement of bids: Approved, see
attached Council request.
e Project 855, Update regarding the proposed improvements to a pond located in the area of
45th and Winnetka avenues: Council requested moving project from 2010 to 2011.
'" Motion authorizing staff to begin discussions for possible property acquisitions at 5400
Zealand, 5431 Utah and 4424 Nevada avenues: Authorized staff to contact Zealand and
Utah property o",mers (has since been sold). Nevada property to be discussed at a work
session. See attached Council request.
o Motion authorizing staff to proceed with "Shop New Hope" campaign: Authorized staff to
develop a plan. See attached Council request.
4. Codes and Standards Committee - The Codes and Standards Committee did not meet in June.
Miscellaneous Issues
Page 2
7/2/09
5. Design and Review Committee - The Design and Review Committee met in June with
applicants for 8401 54th Avenue and 3901 Xylon (residential variance was later withdrawn). No
pre-application meetings are scheduled for July 3.
6. Planning Commission Vacancy - The City Council conducted interviews on June 22 and selected
Kimberly Johnson. Kimberly has scheduling conflicts in July and August, so we will probably see
her in September.
7. Planning Commission Minutes - The June 2 Planning Commission minutes are included for
your review prior to the Planning Commission meeting. Please remember that all approved
minutes are on the city's web site.
8. If you have any questions on any of these items, please feel free to contact city staff.
Attachments: Business Award
Ordinance 09-05, animal kennels in industrial zoning district
Extension of 60-day time limit for T-Mobile
Water quality pond 45th/VVinnetka avenues
Retaining wall rebuilding project
City Center redevelopment update
Potential registration of vacant properties
Potential acquisition of various properties
Business subsidy policy, business assistance programs and initiatives
Letter of credit release for Holy Trinity
Letter of credit release for Conductive Containers
Northwood Lake west inlet cleaning project
45th/Winnetka avenues proposed pond
Possible property acquisitions
Shop New Hope campaign
Kimberly Jolmson appointment correspondence
6/2/09 PlaImmg Commission :Minutes
Miscellaneous Issues
Page 3
7/2/09