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IP #858COUNCIL 1:1HEA/Planning/Plann'_ng/Q-possible acquisition of 4424 Nevada 4-13.09.doc -` REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development April 13, 2009 Development & Planning Item No. By: Curtis Jacobsen, Director of CD By: Kirk McDonald, CitX Manager 8.2 Discussion regarding the possible acquisition of 4424 Nevada Avenue North Requested Action Staff requests that the Council discuss the possibility of the city acquiring the property at 4424 Nevada Avenue. The mayor indicated that several council members have commented on this property; therefore, staff is bringing this matter forward for discussion and direction. Policy/Past Practice It has been a practice of the city, on occasion, to acquire properties that represent a redevelopment opportunity. The property in question has been a potential redevelopment site for a number of years. Background The property at 4424 Nevada Avenue has been identified in the city's last two comprehensive plans as a possible redevelopment site or for incorporation into Fred Sims Park. The property has gone through foreclosure and is currently for sale. If the property is acquired it could be held for future redevelopment by the EDA as infill development or it could be incorporated into Sims Park with park funds reimbursing the EDA. The property is located in an R-1 single family residential zoning district and is located at the southwest corner of 45t1, and Nevada avenues. The property has a 95 foot frontage on Nevada Avenue and a depth of 130 feet, with a total square footage of 12,432 square feet. The most recent market value established by the assessor as of January 2, 2008, is as follows: $ 58,000 — land 144 building (constructed in 1948) $202,000 total market value MOTION BY SECOND BY TO: Lrj 1 o�.0019 . 1:1HEA/Planning/Plann'_ng/Q-possible acquisition of 4424 Nevada 4-13.09.doc Request for Action April 13, 2009 Page 2 Although the building on the property is in deteriorating condition, this is a very nice site with east and south property Eines abutting Fred Sims Park. City staff has been in communication with the bank in New York that owns the property to determine the current status and sales price, and staff hopes to have this information in time for the Council Meeting. Staff understands the property is still occupied although staff has had no current direct contact with the occupants. Staff understands that the property was to be vacated by April 15k and that has not occurred so additional steps are being taken by the bank to vacate the property. Several ideas for consideration could include: 1) Acquisition of the property with EDA or HRA funds, demolition of the structure, and re -sale to a private developer for construction of a new home similar to the process the city used for 5207 Pennsylvania (city developed specific guidelines for the home type and solicited bids). Under current market conditions staff is not certain how successful this would be. 2) Acquisition of the property with EDA or HRA funds, demolition of the structure, landbank the property for future development. 3) Acquisition of the property with EDA, HRA, or park infrastructure funds and incorporation of the property with Fred Sizes Park. Staff would appreciate Council feedback and direction on this issue. If the Council supports moving forward, staff recommends that Council pass a motion authorizing staff to obtain more information for further discussion at a later date. Funding The funding for the purchase of this property could be made using HRA, EDA, or park infrastructure funds. Attachment(s) Heimepin County Property L-iformation Aerial photo printdetails.jsp Page 1 of 2 NEW HOPE MN 55428 iO."OSI C!"'Low.-ant Salles Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms -length transactions. Sale Date: September, 1996 Sale Price: $88,000 Transaction Type: Warranty Deed Tax Percel+F2 'iriT1 Addition Name: - �a ce3 ata for 'ra) es Paya,' is 2-ps Property ID: 17-118-21-21-0024 Block: Address: 4424 NEVADA AVE N THAT PART OF N 125 FT LYING W OF Municipality: NEW HOPE Total Special Assessments: School Dist: 281 Construction year: 1948 Watershed: 8 Approx. Parcel Size: 95 X 131 Sewer Dist: 02 Owner Name: J T SISK & M L SISK Taxpayer Name MICHELLE L SISK & Address: 4424 NEVADA AVE N NEW HOPE MN 55428 iO."OSI C!"'Low.-ant Salles Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms -length transactions. Sale Date: September, 1996 Sale Price: $88,000 Transaction Type: Warranty Deed Tax Percel+F2 'iriT1 Addition Name: AUDITOR'S SUBD. NO. 324 Lot: 031 Block: $202,000 Metes & Bounds: THAT PART OF N 125 FT LYING W OF Total Net Tax: E 162 FT THEREOF EX ROAD Abstract or Torrens: ABSTRACT zlue End Tam Surnimary fc a'axes Payable 2009 Estimated Market Value: $202,000 Limited Market Value: $202,000 Taxable Market Value: $202,000 Total Improvement Amount: Total Net Tax: $2,728.49 Total Special Assessments: $93.80 Solid Waste Fee: $22.13 Total Tax: $2,844.42 Land Market Building Market Machinery Market Land Limited Building Limited P*na *E:"ty 'Infe"n a ion ! oeta- for "fares Pavalble 20091 Glues ruSiablis ad !:y ;assessor as r,f _-1 T'xuary 2, 2 0,36,, Values: $58,000 $144,000 Total Market: $202,000 $58,000 $144,000 http://www 16. co.hennep'm.nm.us/pins/printdetails.j sp?pid=1711821210024 04/08/2009 printdetails.jsp Total Limited: $202,000 Qualifying Improvements Veterans Exclusion Classifications: Property Type RESIDENTIAL Homestead Status HOMESTEAD Relative Homestead Agricultural Exempt Status http J/www 16. co.hemepin.mn.us/pins/printdetails.j sp?pid=1711821210024 Page 2 of 2 04/08/2009 Hennepin County > Sheriffs Foreclosures Home > Sheriff'sFgreelosure_s > Record of Foreclosure/Execution Sale Sale Record Number: 0810018 Mortgage Document 8902349 Number: Date of Sale: 10/1/2008 Type of sale: Mortgage Mortgagor(s): Michelle L Sisk, Jeffrey Sisk Mortgagee: HSBC Bank USA, N.A. To Whom Sold: HSBC Bank USA, N.A. Final Bid Amount: $208,528.02 Redemption Expiration 4/1/2009 Date: Deputy Sold By: Jon Otten Law Firm/Attorney: Usset & Weingarden Unverified Common 4424 Nevada Ave N, New Hope Address: Optional Comments: No value entered Page 1 of 1 FARC s I April 08, 2009 Property Information http_lwww.co_hennepin.mn.ulportalI it�ilCInternet/menuitem.5bbd7h7156c3c848d536481.Obi46649�?- Search: v_gnextoid=3f425b79e241d010VanVCM1D0000Qf094689RCRD. Home I Your County Government I Licenses Certificates & Registration I Employment & Volunteering I Health, Housing. Social Services Law, Public Safety. & Courts i Environment, Property, & Transportation Copyright @ 2009 Hennepin County, Minnesota j www.Hennepin.us Accessibility Policy I Contact Hennepin County I Security/ Privacy Statement hq://www4.co.hennepin.mn.us/webforeclosure/propertydetail.asp?saterecordnumber=0810018 04/08/2009 Hennepin County Property Map Print Hennepin County Property Map - Tax Year: 2009 The data contained on this page Is derived from a compiiation of records and maps and may contain discrepancies that can only be disclosed by an accu- to survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contair discrepancies. The information on this page should be used for reference purposes only. Hennepin County does rot guarantee the accuracy of material herein contained and is not responslb!e for any misuse or misrepresentation of this Information or its derivatives. i 45TH j% .E n I! E E t1i 43.2i 45119 AVE 8 I'i - I ff' Selected Parcel Data €,. -.. Parcel ID: 17-118-21-21-0024 Owner Name: J T SISK & M L SISK 1 — Parcel Address: 4424 NEVADA AVE N , NEW HOPE, MN 55428 Property Type: RESIDENTIAL Homestead: HOMESTEAD Area (sgft): 12432 Area (acres): 0.29 A -T -B: ABSTRACT Market Total, $202,000.00 Tax Total: $2,844.42 http://gis.co.hennepin.mn.-as/HCPropertyMap/Locator.aspx Date Printed: 4/8/2009 4:12:30 PM Current Parcel Date. 4/3/2009 Sale Price: $88,000.00 Sale Date: 09/1996 Sale Code: WARRANTY DEED Page 1 of 1 04/08/2009 ® jw ., -mewzm�- a 7 (z5) (24) a a 9 a 33 (88) (87) ( 104) ( 103) LM "I M 11; � 33 45TH AVE N f p • a. DEED 2515 ....... 162 ......... _... CITY OF NEW II,I SI_ . ...................... ( 25) HO PC -445 33R (22) 66 I (24) ......................162 -....................133 (21) -------------------- '--------------------------- 37) 133 133 ch 1 I I I 1 1 I 1 T 1 � 4 1 ; las 1 IN 1 1 1 p PART OF LOT 31 `' Ch � 5 (23) 1 Z (40) I i 1 I 1 PART OF LOT 34 lo 6 (14) 1 ti 1 f (12) W DOC NO 745227 43RD AVE N t 1 1 (27) I 1 t Q--------- ----J LLJ (26) e 1 1 1 ------- ° --------- I 1 32 S 1 Y i (30) (46) 43RD AVE f 4-rT 133 ae . 7 (42) I (43) $A 133 cam' (44) (46) 43RD AVE Memorandum To: Kirk McDonald, City Manager From: Curtis Jacobsen, Director of Community Development Date: July 20, 2009 Subject: 4424 Nevada Avenue North / rss Today, I received a call from Ryan Johnson, from the Ryan Johnson Group, the broker who will be handling the sale of the property at 4424 Nevada Avenue North. He stated that it will be going on the MLS listing today or tomorrow at the latest. The asking price is $60,000.00. The current estimated market value is $202,000 (building $144,000/land$58,000). I know that at the Council meeting on June 22 some of the Council members expressed an interest in possibly purchasing this property. The asking price is $2,000 over the assessors land value on this lot. This property is held by Fannie Mae, as previously noted in the Friday memo. The broker has informed me that the Fannie Mae properties move quickly much more quickly than properties held by local banks or regular banks. If the city is interested in possibly acquiring this property and demolishing the house and expanding the park or providing for additional storm water treatment/storage the city should consider submitting a bid on the site in the very near future. Attachments: Excerpts of Minutes from June 22 Hennepin County Parcel Data City Council. Minutes Excerpts from June 22, 2009 Mayor Hemken introduced for discussion Item 8.7, Motion authorizing staff to begin discussions for possible property acquisitions at 5400 Zealand Avenue, 5432 Utah Avenue, and 4424 Nevada Avenue. Mr. Curtis Jacobsen, director of community development, stated staff requests the Council discuss the possible acquisitions of 5400 Zealand and 5431 Utah (using neighborhood stabilization program funds), and 4424 Nevada (using park dedication funds). He stated it is the practice of the city to acquire properties that represent a redevelopment opportunity. He stated two properties became available for redevelopment through foreclosure. He stated the Nevada property has been considered a potential redevelopment site for a number of years. He reported on the deteriorating condition of the properties. Mr. Jacobsen requested authority to initiate discussion for possible acquisition. Mayor Hemken inquired of the tax revenue for the Nevada property. Mr. Jacobsen stated he is not certain but estimates the city would likely lose tax revenue of $800 to $1,000 if the parcel became city - owned property. Council Member Stauner expressed concern regarding entering the negotiation process without defining the final objectives. He commented that Council was not allowed sufficient time to discuss the properties at the prior work session. He indicated he does not oppose redevelopment but recommended a goal be in place before staff time is expended. Mr. Jacobsen stated Habitat for Humanity is interested in constructing houses at 5400 Zealand and 5431 Utah and could assist the city with meeting the neighborhood stabilization program fund criteria. He commented on the need to begin the process while the opportunity exists to upgrade the city's housing stock. Council Member Elder suggested an incentive program to assist people with acquisition of foreclosed properties. Council Member Lammle acknowledged that he would not approve purchase of a property without a pre -defined plan, but noted he does not oppose the negotiation process. Motion Item 8.7 Motion was made by Council Member Lamrnle, seconded by Council Member Hoffe, authorizing staff to begin discussions regarding 5400 Zealand and 5431 Utah for possible acquisition. Voting in favor: Hemken, Hoffe, Lammle; Voting against: Elder, Stauner; Absent: None; Abstained None. Motion carried. Council agreed to discuss the 4424 Nevada Avenue property in greater detail at a future work session. COUNCIL 1 4/5 9 Jnr Request for Action Originating Department Approved for Agenda Agenda Section Development Community Development July 27, 2009 and Planning Item No. 8.5 By: Curtis Jacobsen, Director of CD By: Kirk McDonald, City Manager Resolution authorizing staff to pursue acquisition of 4424 Nevada Avenue North by submission of a purchase offer of $54,000.00 Requested Action Staff requests the Council approve a resolution authorizing staff to pursue acquisition of 4424 Nevada Avenue North. Staff has discussed a purchase offer of $54,000 contingent on City Council approval. Policy/Past Practice It has been a past practice of the city to pursue acquisition of various properties in the city if their acquisition will be beneficial to a city program or department. Background The City has identified the property at 4424 Nevada Avenue North for redevelopment in the last two Comprehensive Plans. The property has gone through the foreclosure process and is currently being listed by a real estate broker for sale. As you are aware the property was heavily damaged by the vacating tenants and that is having a major effect on the properties current valuation. At the Council Work Session on July 20 it was generally agreed that the city should pursue acquisition of the property at the least possible expense to the city. Although options for the possible reuse of the property have been discussed previously, no option has yet been finalized. Staff is aware of at least one other party that is looking at this property to fix up. Funding It is recommended that the funding for this acquisition come from the EDA fund and that should the property be put to a use other than redevelopment that the EDA be reimbursed for the purchase price from the appropriate funding source. Motion by 2if1Yi,& _. Second by To:%(,i!l/J Q�` lady — 7� 47 J Jr&. �7 I:1RFAIPLANNING\PIANNING\Q & R-4424 Nevada Acquisition 7-27-09.doc Request for Action July 27, 2009 Page 2 Recommendation Staff recommends the Council approve the resolution authorizing staff to pursue acquisition of 4424 Nevada Avenue North for $54,000.00. Attachments • Resolution • Aerial photo Map City of New Hope Resolution No. 2009-102 Resolution authorizing staff to pursue acquisition of 4424 Nevada Avenue North by submission of a purchase offer of $54,000.00 WHEREAS, the City's Comprehensive Plan identifies 4424 Nevada Avenue North as a possible target for acquisition by stating; "If the opportunity presents itself, the City may consider the acquisition of the single family home at the southeast corner of 451t, Avenue and Nevada Avenue for its incorporation into Fred Sims Park"; and WHEREAS, the property at 4424 Nevada Avenue North has recently gone through the foreclosure process; and WHEREAS, city staff have been in contact with the real estate broker for Fannie Mae on the possible sale of this site and the asking price on the site has been set at $60,000; and WHEREAS, the County Assessor's land value on the site is estimated at $58,000; and WHEREAS, the estimated cost for demolition is approximately $4,000. NOW, THEREFORE BE IT RESLOVED by the City Council of the city of New Hope, Minnesota to authorize a purchase offer of $54,000 on the property at 4424 Nevada Avenue North and also to offer staff the flexibility to go to $55,000.00 if necessary. Approved by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of July, 2009. Attest: r City Clerk Mayor 4 r 4 F r. -2a,t .442,4-'1 51 L 'J L.+'f—'1 f-'4 E _ rS5.a1 (c) Copyright 2006,NPictomaetry International Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2009 The data contained on this page Is derived from a compl;aftn of records and reaps and may contain discrepancies [hat can or•iy be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. ie information on this page should be used for reference purposes only. -', Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this I^.formation or Its derivatives. 4 0.9 I -2e r z V11I M I� •.aai a I � I 4STH AVE N 3 4 } 2 j E rrs_ t 1 41!'0 i -,:s i 9 Selected Parcel Data Date Printed: 7/22/2009 10:46:20 AM Parcel ID: 17-118-21-21-0024 Current Parcel Date: 7/4/2009 Owner Name: HSBC BANK USA NA Parcel Address: 4424 NEVADA AVE N , NEW HOPE, MN 55428 Property Type: RESIDENTIAL Sale Price: $88,000.00 Homestead: HOMESTEAD Sale Date: 09/1996 Area (sgft): 12432 Sale Code: WARRANTY DEED Area (acres): 0.29 A -T -B: ABSTRACT Market Total: $202,000.00 Tax Total: $2,844.42 http://gis.co.hennepin.nm.us/HCProperty-MapALocator.aspx 7/22/2009 4 Council Request for Action Originating Department I Approved for Agenda I Agenda Section I Community Development By: Curtis Jacobsen, Director of CD Eric Weiss, CD Assistant October 121 2009 Kirk McDonald, ment & I Item No. 8.2 Resolution awarding environmental abatement contract at 4424 Nevada Avenue North to Envirobate Metro for the removal of hazardous materials in the amount of $9,825.00 (Improvement Project 858) Requested Action Staff requests the Council consider the quotes received on October 2, 2009, for the removal of hazardous material at 4424 Nevada Avenue N and award to the lowest responsible bidder. Policy/Past Practice The Council has historically considered quotes and awarded to the lowest responsible bidder in the best interest of the city of New Hope. Background On July 27 the City Council authorized staff to pursue acquisition of 4424 Nevada Avenue N. On August 27 the city closed on the property. The city contracted with Applied Environmental Sciences, Inc. (AES) to perform a pre -demolition hazardous materials survey (attached). It was determined that the house contained asbestos, which by law must be removed prior to demolition, vermiculite, which is not required to be removed but is strongly recommended for removal, as well as lead paint and other hazardous materials. Staff received two quotes which are tabulated below. Name of Company Asbestos Vermiculite Other TOTAL Envirobate Metro $4,250.00 $4,500.00 $1,075.00 $9,825.00 Sterling Systems Inc. $8,160.00 $3,800.00 $980.00 $12,940.00 Due to the fact that the property is proposed for inclusion in Fred Sims Park, staff highly recommends that the vermiculite and other hazardous materials be properly removed. The MPCA strongly recommends the vermiculite is properly removed. Motion by To: I:\RFA e&JA_, Second by oq- 14 & R- Award asbestos removal quotes 4424 Nevada Ave.doc 'Page 2 of 2 Request for Action October 12, 2009 The scope of the project will include the proper removal of asbestos, vermiculite, lead paint and other hazardous materials as outlined in the hazardous materials survey conducted by AES. Funds for the asbestos removal will come from Park Dedication Fund and Park Infrastructure Fund. RecommendationCNext Steps Staff recommends awarding the contract for environmental abatement to Envirobate Metro in the amount of $9,825.00. Staff has worked with Envirobate Metro in the past and has had good experiences. Staff will proceed with soliciting quotes for demolition of the property in the near future and will present them to Council. Attachment(s) Resolution AES environmental survey executive summary Bid sheets Resolution No. 09-134 Resolution awarding environmental abatement contract at 4424 Nevada Avenue N to Envirobate Metro for the removal of hazardous materials in the amount of $9,825.00 (Improvement Project 858) WHEREAS, the City Council authorized staff to pursue acquisition of 4424 Nevada Avenue N on July 27,2009; and WHEREAS, the city closed on the property at 4424 Nevada Avenue N on August 27, 2009, and became the owner of the property; and WHEREAS, the Applied Environmental Sciences, Inc. conducted a pre -demolition hazardous materials survey and discovered asbestos, vermiculite, lead paint and other hazardous materials in the vacant property which need to be removed prior to demolition; and WHEREAS, staff solicited quotes for environmental abatement and received two responses; and WHEREAS, the low quote was Envirobate Metro from Minneapolis, Minnesota with a quote of $9,825.00 for the removal of asbestos, vermiculite, lead paint and other hazardous materials. NOW, THEREFORE BE IT RESOLVED by the City Council of the city of New Hope to award the environmental abatement contract to Envirobate Metro for the removal of hazardous materials at 4424 Nevada Avenue N in the amount of $9,825.00. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 12th day of October 2009, ��Ia. Mayor ATTEST: City Clerk APPLIED ENVIRONMENTAL SCIENCES, 8441 Wayzata Blvd. ❑ Suite 103 ❑ Minneapolis, MN ENVIRONMENTAL HEALTH SURVEY REPORT PRE DEMOLITION HAZARDOUS ]MATERIALS SURVEY AT VACANT HOUSE 4424 NEVADA AVENUE NORTH NEW HOPE, MINNESOTA Date of Surveys September 18, 2009 Conducted by: Lloyd Johnson, Asbestos Building Inspector MN #I-2389 Marls Meier, Asbestos Building Inspector MN #1-3893 Applied Environmental Sciences, Inc. 8441 Wayzata Blvd., Suite #1103 Minneapolis, MN 55426 (763) 545-5510 1 hereby certify that the surrey and inspection referenced by this report, and the report itself, were conducted in accordance with intent of the AHERA regulations to the best of my ability and knowledge. Mark Meier, Asbestos I have reviewed this report and hereby certify that the information contained within satisfies the intent of theAMRA regulations to the best of my ability and knowledge. Patrick DiBartolorneo, CIH, CSP Certification 4 2204 FO.449442; Ne A&FpcA Phone 763-545-5510 o Fax 763-545-7883 ❑ www.aesmn.com INC. 55426 9.0 EXECUTIVE SUMMARY Applied Environmental Sciences, Inc. (AES) was retained by the City of New Hope to perform a preAemolition hazardous materials survey of the vacant house located at 4424 Nevada Avenue North in New Hope, Minnesota. Survey procedures conducted by AES complied with the applicable Occupational Safety and Health Administration (OSHA), Minnesota Pollution Control Agency (MPGA), and Minnesota Department of Health (M131-1) standards for surveys of buildings to be demolished. AES performed an asbestos survey of the vacant house, sampled areas of heavily flaking paint for lead content and compiled a list of other hazardous materials (e.g., those assumed to contain PCBs, mercury, CFCs) present on the property. The survey was conducted on September 19, 2009. The results of the survey are as follows: I. AES took 83 bulk asbestos swiples and mudyzed 79. 1 Suspect building materials found to contain asbestos include -- black mirror adbesive, aircell pipe insulation, felt pipe insulation, 9" a 9" floor tile, putty and built-up roofing materials. Asbestos --containing material should not be cut, drilled, sanded or disturbed. 3. Building materials assumed to contain asbestos include - electric panels. 4. AES tested a total of six (6) flaking painted surfaces for lead. Three (3) surfaces tested above the MPCA guideline of 1.0 milligrams of lead per square centimeter of surface (mglcmT)_. Three (3) other surfaces tested below this MPCA &dcline. See Appendix V for a complete list of all painted surfaces tested. 5. The joint compound applied to the gypsum wallboard was found to contain asbestos. This material, as determined by the Environmental Protection Agency (EPA) in response to its applicability to the National Emission Standard for Hazardous Air Pollutants (NESHAPS), becomes an integral part of the wallboard, forming a wall system. In this case, the wall system contains less than one -percent asbestos. Since OSHA regulates the asbestos - containing joint compound, all contractors and employees who may disturb this material must be made aware that the joint compound contains asbestos. 6. Vermiculite was Observed in a portion of the attic of the house. The vermiculite was sampled and found to contain <1% Actinolitcl Tremolite asbestos. The Minnesota Pollution Control Agency strongly recommends that vermiculite sampled and found to contain <1 % asbestos be treated as an asbestos -containing m tenial, and thus removed from the building prior to demolition. 7. Relevant State of Minnesota, EPA and OSHA regulations are included in Appendix 1. 8. The bulk sampling sheets and diagrams with sample locations and functional spaces are included in Appendix IL 9. The estimated quantity and location of identified positive materials and the removal cost estimates are included in Appendix III. l 0. Minnesota Department of Health certifications are included in Appendix IV. 11. A complete list of all painted surfaces tested for lead has been included in Appendix V. 12. A complete list of hazardous and special wastes observed is included in Appendix VI. 13. The estimated cost for removal of materials that were sampled and tested positive is $4,204. The estimated cost for removal of materials assumed to contain asbestos (including vermiculite) is $4,700. Total cost for removal of all asbestos -containing materials at the house is estimated at $8,940. Individual cost estimates for removal, arranged by functional space, have been included in Appendix Ill. This survey identifies materials as they existed on the day of the survey. Conditions may change over time. This survey should not be used as a bidding document. The ACM quantities provided are estimates and must be verified prior to abatementfirm bidding. AES recommends using a licensed asbestos project designer to design and bid projects. ENVIR08IiTEO PROPOSAL City of New Hope Community Development JOB 4424 Nevada Ave N New Hope, MN (763) 531-5119 October 2, 2009 FAX: Asbestos I Hazardous Materials Abatement EnviroBate-Metro proposes to furnish all labor, materials, equipment, supplies, disposal and insurance necessary for the following: Removal of asbestos containing materials identified by AES excluding vermiculite. Price $4,250.00 Removal of vermiculite. Price $4,500.00 Pre demolition stabilization of lead paint identified by AES. Price $475.00 Removal of hazardous materials identified by AES. Price $600.00 EnviroBate-Metro proposes to complete this scope in accordance with all EPA, OSHA, state and local regulations governing asbestos control and removal. The following items are included in the abatement project, as appropriate: 1. Occurrence type asbestos liability insurance coverage. 2. Final air clearance in compliance with applicable regulations. 3. Final cleaning and encapsulation of containment area. 4. All hazardous waste disposed according to EPA guidelines in an approved landfill via manifest. 5. Abatement performed within a negative air enclosure system, as appropriate. 6. Strict compliance with applicable Federal and State regulations. 7. Notification and permit fee to MN Department of Health, as applicable. W Owner is responsible for the water and electrical supply and all costs associated. ,. EnviroBate is not responsible for damages caused by spray glue and tape. Price assumes that work area will be clear. Moving_of items is billed at $75.00 per man hour. Terms: Payment due within 20 days of invoice date (NET 20) Past due amounts will be subject to interest at a rate of 18% per annum, or the highest rate of interest permitted by applicable law. Note: This proposal may be withdrawn by us if not accepted within 30 days. Authorized Signature Jeff Lehtinen -- Project Manager Acceptance of Proposal — The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified and will receive payment accordingly. Authorized Si nWur (a)Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person is not paid for their contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after the completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice EnviroBatee Metro 3301 East 26th Street Phone:'(612) 729-1080 Fax: (612) 728-1021 Minneapolis, MN 55406-1725 1-800-926-1776 www.envlrob,aternetro.com S'teLl int Systems Inc. An Environmental Contractor 700 Pennsylvania Avenue South Golden Valley, MN 55426 October 2, 2009 Curtis Jacobsen City of New Hope 4401 Xylon Ave. N New Hope, MN 55428 RE: Asbestos Abatement Mr. Jacobsen: Sterling Systems Inc. proposes to furnish labor, materials, equipment, supplies, and insurance to complete the referenced scope of work. Practices and procedures will comply with all EPA, OSHA, state and local regulations. Scope of Work: • Removal and disposal of 35 linear feet of asbestos containing pipe insulation • Removal and disposal of 40 square feet of asbestos containing black mastic • Removal and disposal of 1030 square feet of asbestos containing floor tile • Removal and disposal of 1 square foot of asbestos containing grey putty w Removal and disposal of 400 square feet of asbestos containing built up rooting Our price for this scope of work is: $8,160.00 *this price assumes that the piping is dead and can be cut out • Removal and disposal of 900 square feet of Vermiculite Insulation Our price for this scope of work is: $3,800.00 • Removal of regulated materials listed on special waste report Our price for this scope of work is: $980.00 *this price excludes the treated lumber Should you have any questions or need additional information, please feel free to contact me at our office (763) 544-0208 or on my cell (612) 703-8408. Sincerely, Kevin Jayson Page 1 of 3 Leone Valerie From: Leone Valerie Sent: Friday, October 16, 2009 3:56 PM To: Weiss Eric; 'Jeff Lehtinen' Cc: Jacobsen Curtis Subject: RE: 4424 Nevada Ave N Abatement Because the contract is under $10,000 no formal contract is needed but the contractor should provide a cert of insurance to the city....see below. 3.4 Certificate of Insurance Before beginning work on a Contract, the Contractor must submit to the City, and obtain City's approval, on a certificate of insurance. This certificate shall be composed of a Standard Form C.LC.C.-701 or an ACORD 25 form. The certificate of insurance shall list the City as the policies loss payee, and shall be maintained at all time throughout the life of the contract, and provide for the following minimum coverage a. Comprehensive General Liability: $1,000,000.00 per occurrence; $2,000,000 aggregate b. Automobile Liability for all automobiles: $1,000,000.00 combined single limit c. Workman's Compensation: Statutory Amounts The Insurance cancellation language should state that the company will provide the City 30 days' written notice of cancellation (include this requirement in bid specifications if applicable). Call if questions. Valerie Leone New Hope City Clerk 763-531-5117 From: Weiss Eric Sent: Tuesday, October 13, 2009 10:29 AM To: 'Jeff Lehtinen' Cc: Jacobsen Curtis; Leone Valerie Subject: RE: 4424 Nevada Ave N Abatement l've copied Val Leone, our city clerk. She will know more about the necessary insurance informati.o.n. Thank you for getting the ball rolling with the MPCA.. From: Jeff Lehtinen [mailto:]Lehtinen@envirobate.com] Sent: Tuesday, October 13, 2009 10:26 AM To: Weiss Eric Subject: RE: 4424 Nevada Ave N Abatement Eric, 10 working day notice to MPCA. is required. and l can get that going today. 10/16/2009 Page 2 of 3 That gets us started on the 27th and we should tet it done by the end of the month. We can always amend the notification if things change. In the mean time, I'll get the ball rolling on our end. If there are any contracts or insurance/licensing things you need, let me know. "frank you, JeffLehtinen Project Manager �D Eli 11 ti�� r E Direct: (612) 276-9205 Cell: (612) 363-7027 www.envirobate.com From: Weiss Eric [mailto:eweiss@ci.new-hope.mn.us] Sent: Tuesday, October 13, 2009 3:43 AM To: Jeff Lehtinen Subject: RE: 4424 Nevada Ave N Abatement Jeff, I'm dropping an official letter in the mail today, but I wanted to let you know that the City Council awarded Envirobate the project at 4424 Nevada. The Council was agreeable to the entire project, including the removal of asbestos, vermiculite, lead paint and other hazardous materials. Curtis Jacobsen will be out of the office the remainder of this week due to an emergency eye surgery. Ill continue to handle this project in the mean time. I'm not sure if Curtis and you discussed a timeline butt believe we'd like to see this work move forward as soon as possible. Let me know what your thoughts are on this. 'Banks for the quote. We look forward to working with you. Exi.c From: Jeff Lehtinen [mailto:]Lehtinen@envirobate.com] Sent: Friday, October 02, 2009 11:16 AM To: Weiss Eric; Jacobsen Curtis Subject: 4424 Nevada Ave N Abatement Hello, The proposal is attached. Please contact me with any questions. Thank you, Jeff Lehtinen Project Manager 10/16/2009 Page 3 of 3 C) 11r1��t�S�LT£ . 3301 East 26th Street Minneapolis, MN 55406 ilchtinen@etivirobate.com Direct: (612) 276-9205 Cell: (612) 363-7027 Office: (612) 729-1080 Fax: (612) 729-1021 www.envirobate.com 10/16/2009 Leone Valerie From: Kristi Brutlag [kbrutlag@aemcpas.com] Sent: Thursday, October 22, 2009 10:03 AM To: McDonald Kirk Cc: Jacobsen Curtis; French Shari; Weiss Eric; Leone Valerie; Steve Mcdonald; Kristi Brutlag; Gass Carol Subject: RE: 4424 Nevada Attachments: SDOC6561.pdf Good Morning The total paid for 4424 Nevada as or 9/30/9 is $58,284.09. rhe total amount has been paid out of fund 9015 which is the EDA fund. Therefore, no entries need to be made at this time. I have attached a detail of the transactions for review. Kr sti Brutlag A.61 -0, 1.iCK Tyr EY-P:k ZS, L11, Ti 5201 .Eden Avenue, Suite 370 Edina, Minnesota 55436 952.715.3008 DFeCt Line 952,835.9090 Phone 952.835.3261 Fax From: McDonald Kirk [kmcdonald@ci.new-hope.mn.us] Sent: Friday, October 16, 2009 11:37 AM To: Kristi Brutlag Cc: Jacobsen Curtis; French Shari; Weiss Eric; Leone Valerie; Steve Mcdonald Subject: 4424 Nevada Kristi At the Council meeting this past Monday when discussing the 4424 Nevada Avenue property (award quote for hazardous material removal), the Council said they wanted the current expenses for the property charged to the EDA fund, not Park Dedication or Park Infrastructure. They said they would have a discussion at a later date about the final use of the property. I find this quite perplexing, as 3 of the council members previously said they wanted it used as park land. Anyway, long story short, they want expenses paid out of EDA and will later transfer $ from park funds if that is their final decision. Would you please check to see how Curtis coded the purchase of the property (approximately $55,000). 1 think he charged it to Park Dedication, with my approval. If that is the case, think we need to change it and charge it to EDA for the time being. If a final decision is not made about the use of the property before the end of the year, I want the audit to show the expenses coming out of the appropriate account. Kirk § k ) \ j U) U)) CC \ ( j ( \ u = , W k -i / } m 3 3 S 2 }' ¥ § `; ( LU ? o = } \ \ !: ! z ! = z z § 7 , § ® ` o,^ - o;® « |j w0 w f1§ - j § - .� . ƒ E E: ) ƒ g. S S. k N } $ \ \ > \ A / ; I ID,/ k /. ƒ . m « /a \ \ \ } } » W ]` \ f A § { f < § j -2 ) L) u \ \� ) ® ± / ± § EL Council A. Request for Action Originating Department Approved for Agenda Agenda Section Community Development December 14, 2009 Development & Planning Item No. By: Curtis Jacobsen, Director of CD Eric Weiss, CD Assistant By: Kirk McDonald, City Manager- 8.2 Resolution awarding contract to Twin Pines Earthworks for the demolition of the home at 4424 Nevada Avenue North (Improvement Project 858) Requested Action Staff requests the Council consider the quotes received by December 2, 2009, for the demolition of the home at 4424 Nevada Avenue N and award to the lowest responsible bidder. Policy/Past Practice The Council has historically considered quotes and awarded to the lowest responsible bidder in the best interest of the city of New Hope. Background On July 27, the City Council authorized staff to pursue acquisition of 4424 Nevada Avenue N. On August 27, the city closed on the property. The city contracted with Applied Environmental Sciences, Inc. (AES) to perform a pre -demolition hazardous materials survey. It was determined that the house contained asbestos, vermiculite, lead paint and other hazardous materials. The city contracted with Envirobate Metro to complete the environmental abatement. Staff requested quotes from seven demolition contractors and received four quotes by the deadline. One quote was received a day late. Staff requested contractors include quote amounts for demolition (including removal of foundation, structure and all other site appurtenances, general fill, clearing and grubbing, and site grading), sewer and water service disconnection, and seeding and mulching. The following quotes were received: Motion by Second by To: I:\RFA\PLANNING\PLANNINGIQ & R - Award demolition 4424 Nevada Ave.doc Page 2 of 2 Request for Action December 14, 2009 Contractor Demolition Sewer/Water Disconnect Seeding and Mulching Total Twin Pines Earthworks $9,405.00 $500.00 $579.00 IMA84.00 Veit & Company $10,000.00 $1,740.00 $960.00 LI2 706.00 Doboszenski & Sons $10,390.00 $1,000.00 $1,685.00 iiaL75.00 Frattalone Co. $11,936.00 ! $1,595.00 $2,640.00 $16,171.00 Kingsman* $15,350.00 $2,500.00 $2,900.00 $20,750.00 *Received after deadline Recommendation/Next Steps Staff recommends awarding the contract for demolition to Twin Pines Earthworks in the amount of $10,484.00. Twin Pines Earthworks was one of two contractors to work on the demolition of the former Bass Lake Road Apartments and staff was impressed with their work. The goal will be to have the home demolished as soon as possible. Attachment(s) • Resolution 4 Bid sheets Resolution No. 09- 164 Resolution awarding contract to Twin Pines Earthworks for the demolition of the home at 4424 Nevada Avenue North in the amount of $10,484.00 (Improvement Project 858) WHEREAS, the City Council authorized staff to pursue acquisition of 4424 Nevada Avenue N on July 27, 2009; and WHEREAS, the city closed on the property at 4424 Nevada Avenue N on August 27, 2009, and became the owner of the property; and WHEREAS, the Applied Environmental Sciences, Inc. conducted a pre -demolition hazardous materials survey and discovered asbestos, vermiculite, lead paint and other hazardous materials in the vacant property which needed to be removed prior to demolition; and WHEREAS, to prepare the home for demolition, Envirobate Metro removed asbestos, vermiculite, lead paint and other hazardous materials; and WHEREAS, staff solicited quotes for demolition and received four responses by the deadline. The low quote was Twin Pines Earthworks from Zimmerman, Minnesota with a quote of $10,484.00 for the demolition,, removal of materials, sewer and water disconnection and seeding and mulching of the site. NOW, THEREFORE BE 1T RESOLVED by the City Council of the city of New Hope to award the contract to Twin Pines Earthworks for the demolition of the home at 4424 Nevada Avenue N in the amount of $10,484.00. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 14th day of December 2009. Mayor J ATTEST:( City Clerk QUOTESHEET Site Demolition (4424 Nevada Avenue North) New Hope, Minnesota (Improvement Project No. 858) Quote Opening: September 24, 2009 Return to: Community Development Department 4401 Xylon Avenue North New Hope, Minnesota 55428 Fixed Costs UNIT TOTAL ITFM UNIT OTY COST COST Property: 4424 Nevada Avenue North 4 Y a 1. Demolition —Removal of foundation, structure LS 1 o anal all other site appurtenances,general fill, clearing and grubbing, and site grading. 2. Sewer and water service disconnection LS 1 5' 0 �6-44`• 410 i. Seeding and nnrlching LS 1 J:7 -7, Dig Fixed Cost Total Quote $ ��. 7 �'l1,QrJ The project award will be based on the fixed cost total quote. The undersiuned, having studied the attached description of work, being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to demolish these apartment builidngs and furnish everything necessary to complete the project in accordance with the attached description of work. wf�✓ P,IFs.�.err�rtracKs Firm 7-73K 114rg 577-tMr Address imatf.�/n�xl, /Yds 5535 ff City, State & Zip Code Bate 41414AI-5I'V'4'' Printed'Narae 7 4 3 -- a'�56 r 45-0 it Telephone 763- M6- SZ 30 Fax 'f� Car7�tlr/orks � s��r`fG/ Ot G r�' E-mail QUOTE SHEET Site Demolition (4424 Nevada Avenue North) New Hope, Minnesota (Improvement Project No. 858) Quote Opening, September 24, 2009 Return to: Community Development Department 4401 Xylon Avenue North New Hope, Minnesota 55428 Fixed Costs UNIT TOTAL ITEM UNIT QTY COST COST Property: 4424 Nevada Avenue North 1. Demolition Removal of foundation, structure LS and all other site appurtenances, general fill, clearing and grubbing, and site grading. 2. Sewer and water service disconnection LS Seeding and nxulching LS Fixed Cost Total Quote The project award will be based on the fixed cost total quote. do L fid} UdCa Ua Idi C')a& �� G Oo 1 �r�7I /1 %T L 9oa `"' Q au $ /,2, 70& 4>0 The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to demolish these apartment builidngs and fumish everything necessary to complete the project in accordance with the attached description of work. Ve('�ei (0oc. Firm Agent Kay Ve-,'t' Place - Address City, State & Zip Code Iz- I • orl Date Printed Name Y/v3 - q2-�- z 7t-& Telephone Fax e� Llsl Care E- ail QUUTESHEET Site Demolition (4424 Nevada Avenue North) New Hope, Minnesota (improvement Project No. 858) Quote Opening: September 24, 2009 Return to: Community Development Department 4401 Xylon Avenue North New Hope, Minnesota 55428 Fixed Costs UNIT TOTAL ITEM UNIT QTY COST COST Property: 4424 Nevada Avenue North l y] I . Demolition —Removal of foundation, str¢cture LS 1 and all other site appurtenances, general fill, clearing and grubbing, and site grading. g f� �//�� (Q 2. Sewer and water service disconnection LS 1 �low r 3. Seeding and mulching L$ Fixed Cost Total Quote The project award will be based on the fixed cost total quote. The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to demolish these apartment buihdngs and furnish everything necessary to complete the project in accordance with the attached description of work. TAO-5Ze,ySA, Ag) 5014J�R, Firm Agent Printed Name 4 7Y FV Address ) �f City, State & Zip Code Date Telephone / �7 K ^ l Y ! -3/ 8& Fax 6 Y.4.,. fan &mail o QUOTE SHEET Site Demolition (4424 Nevada Avenue North) New Hope, Minnesota (Improvement Project No. 858) Quote Opening: September 24, 2009 Return to: Community Development Department 4401 Xylon Avenue North New Hope, Minnesota 55428 Fixed Costs UNIT TOTAL ITEM UNIT OTY COST COST Property: 4424 Nevada Avenue North 1. Demolition —Removal of foundation, structure LS 1 • 4� and all other site appurtenances, general fill, clearing and grubbing, and site grading. 2. Sewer and water service disconnection 3. Seeding and mulching Fixed Cost Total Quote The project award will be based on the fixed cost total quote. LS 1 �W C LS 1 2G9 LI) 2640 -OL The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to demolish these apartment builidngs and furnish everything necessary to complete the project in accordance with the attached description of work. Frattalone Companies, Inc. Firm —A- __ Agen l'rattalone, CFO 320 Spr ce Street Address St. Paul, MN 55117 City, State & Zip Code 12/2/2009 Date Nick Frattalone Printed Name 651-484-0448 651-484-7839 Fax joshb@frattalonecompanies.corn E-mail 1 QUOTE SHEET Site Demolition (4424 Nevada Avenue North) New Hope, Minnesota (Improvement Project No. 858) Quote Opening: September 24, 2009 Return to: Community Development Department 4401 Xylon Avenue North New Hope, Minnesota 55428 Fixed Costs UNIT TOTAL ITEM UNIT QTY COST COST Property: 4424 Nevada Avenue North 1. Demolition—Removal of foundation, structure LS 1 315 and all other site appurtenances, general fill, clearing and grubbing, and site grading. 2. Sewer and water service disconnection LS 1 �Q 3. Seeding and mulching LS 1 0: 9p0 Fixed Cost Total Quote zv The project award will be based on the fixed cost total quote. The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to demolish these apartment builidngs and furnish everything necessary to complete the project in accordance with the attached description of work. F—O-Ii'vn tam, r x Address 1/22,4� 3-5y Q;-7 City, State & Zip Code '/ A lag Date Printed Name Telephone 7,63-f5r-04 -mail CITY OF NEW HOPE DEMOLITION CONTRACT (Improvement Project No. 858) For valuable consideration as set forth below, this Contract dated the 14th day of December, 2009, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter City) and Twin Pines Earthworks, a Minnesota Corporation (hereinafter Contractor). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the plans and specifications for the demolition and removal of foundation and other site features on City/EDA owned properties commonly known as follows: # 4424 Nevada Avenue North in the City of New Hope, as further detailed and set forth in the City of New Hope Demolition Specifications attached hereto as Exhibit A (hereinafter Plan) and incorporated by this reference. This Contract and the Plan shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. The work to be performed by Contractor under this Contract (hereinafter the Work) shall include the entire completed demolition, removals and fill, or the various separately identifiable parts thereof, required to be furnished under this Contract. As part of the Work, the Contractor also agrees to remove all excess material and debris from the Property by the demolition and removal Completion Date. The contractor shall provide post demolition project documentation to the City 3. CONTRACT PRICE The City agrees to pay Contractor ten thousand four hundred eighty-four dollars ($10,484.00) payable upon the City's acceptance of Contractor's performance under this Contract. 4. COMPLETION DATE Contractor shall complete all demolition, removal and site restoration work under this Contract for the property within ten days after it receives a written Notice to Proceed from the City for the work. 5. INSURANCE Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $500,000.00 b. Automobile Liability for all automobiles: $500,000.00 c. Workman's Compensation: Statutory Amounts d. Umbrella Excess Liability $1,000,000.00 This certificate must provide for the above coverages to be in effect from the date of the contract until thirty (30) days after the Completion Date, and must provide that the insurance coverage will not be canceled by the insurance company without thirty (30) days written notice to the City of intent to cancel. b. BONDS The Contractor shall provide a performance bond and a material and labor payment bond, each bond in an amount equal to the contract price, as security for the complete performance and payment of all the Contractor's obligations under this Contract, and issued by a surety licensed to do business in Minnesota. The performance bond and material and labor payment bond shall be in a form acceptable to the New Hope City Attorney. The Contractor shall pay all labor and material suppliers when payment is due and before any claims are filed for the same against any payment bond required by this Contract. 7. LAWS REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and/or barricades and will take all necessary precautions for the protection of the Work and the safety of the public. 8. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and "hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or injury or destruction of tangible property (other than the Work -2- itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 9. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without prior written consent of the City. 10. NOTICE The address and telephone number of the Contractor for purpose of giving notices and any other purposes under this Contract shall be: Twin Pines Earthworks, Attn: Brian Sandy, 27385 114' Street, Zimmerman, MN 55398; Telephone Number: (763) 856-4508. The address of the City for purpose of giving notices and any other purposes under this Contract shall be: City Manager, City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428; Telephone Number: (763) 531-5100. -3- IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW 13OPE By: ��azz- 4k Its Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this d9 day of 2009, by Kathi Hemken, and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on be alf said municipal corporation. VALERIE LEONE Notary Public NOTARY PUBLIC - MINNESOTA My CWML410n Expires Jan. 31, 2010 (Contractor's Name) By: Brian Sandy Its 001990— STATE OF MINNESOTA ) ss. COUNTY OF /c 4 ® ) The foregoing was acknowledged before me this v? 9- day of December 2009, by Brian Sandy, the p,wy of Twin Pines Earthworks, a Minnesota nwnnnjPublic-minnesota MARIL. EMSTAD �iatary.. My COMmxpires Jan 31, 2010 -4- I1 _=MI 1 �1. a ,F1 A mg II ' � EXHIBIT A SPECIFICATIONS (Improvement Project No. 858) DEMOLITION REMOVALS GRADING AND SEEDING PART 1 1.1 GENERAL A. Removal and Disposal of the Following Items: 1. Clearing and grubbing trees and stumps as identified. 2. Building demolition (single family home and garage). 3. Concrete removal including foundation walls, slabs, footings, pavement accessory to buildings and gravel beneath any pavement. 4. Concrete block, landscaping block and brick removal. 5. Play equipment, doghouses, fencing and all other man-made structures on the property. 6. Disconnect of water and sewer services. 1.2 REFERENCES A. Minnesota Department of Transportation, "Standard Specifications for Construction," 1988 Edition and the Supplemental Specification dated May 2, 1994 (MnDOT) Spec. as well as any other supplemental materials or revised specifications as they may be amended from time to time. 1. Section 2104 — Removing Miscellaneous Structures. 1.3 DEFINITIONS A. Remove — To take away, eliminate or remove from the project site by any method selected by the Contractor and to dispose of material. Page 1 of 7 DEMOLITION, REMOVALS, GRADING AND SEEDING 1.4 REGULATORY REQUIREMENTS A. MnDOT 2104.3C is modified as follows: 1. All materials designated for removal shall be disposed of outside the project area at sites to be selected by the Contractor. 1.5 SCHEDULING A. Prior to starting work, submit for review and approval by the Building Official, a schedule showing the commencement, order and completion dates of the various parts of this work. B. Disconnect services prior to superstructure removal. C. Fill holes or depressions resulting from removal. 1.6 SITE CONDITIONS A. Contractors shall make necessary site visits prior to bidding to determine the level of work required to their satisfaction. B. Protect existing streets, curb and gutter, sidewalks, fences, trees, utilities and other features that are to remain from damage from work of this section. C. In the event of damage, the Contractor shall immediately notify the city Building Official. Upon notification, the Contractor shall make all necessary repairs which may include, but is not limited to, replacing materials. Repairs and replacements will be subject to the approval of the Building Official at no additional expense to the Owner. 1.7 EXECUTION A. The Contractor shall be responsible for disposal of all items removed. Said disposal shall be in accordance with all applicable laws, regulations, statutes, etc. B. Demolition shall be performed without damage to adjacent retained work. Where such work is damaged, the Contractor at its expense shall patch, repair or otherwise restore it to its original condition or better. Page 2 of 7 DEMOLITION, REMOVALS, GRADING AND SEEDING C. All demolition debris shall be removed from the area of work as often as necessary, but not less than at least once at the end of each work day. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the work in a careful and orderly manner, with the least possible disturbance to the public and occupants of neighboring buildings. 1.8 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of work. B. All street signs, traffic control signs, guy wires, mail boxes, posts, wood fence, etc. which may interfere with the construction, shall be removed, stored safely and replaced. C. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways, or other means of egress. Conduct operations with minimum traffic interference. D. Take reasonable precautions to limit damage to the existing turf. E. Holes or depressions created by removals shall not be left open for more than eight hours. Any hole within ten (10) feet of sidewalks shall be filled, suitably marked or covered immediately. F. Install erosion control around all down slope areas of the project. 1.9 DEMOLITION AND REMOVALS A. Concrete and Bituminous Surfacing, Block and Brick: Remove in accordance with MnDot Spec. 2014.3B, except as modified below. 2. Sawcut bituminous surfacing to full depth at the limits of partial removal, prior to that removal, unless otherwise approved by the Building Official. B. Building Removal and Man -Made Item Removal: 1. Remove in accordance with MnDot Spec. 2103, except as modified below. Page 3 of 7 DEMOLITION, REMOVALS, GRADING AND SEEDING 2. Basement fill shall be compacted 98% standard density. Submit one (1) compaction test for each fill area where fill depth exceeds 1.5 feet. C. Utility Disconnects and Removal 1. Prior to removal of superstructures, disconnect water and sewer service at the property line. a. Shut off at curb stop. b. Cut and crimp water service at property line and stake location. C. Grout sewer service at property line and stake location. d. Submit tied location of curb stop and sewer service to Public Works. e. Do not back -fill trench until Public Works has inspected the disconnected services. D. Clearing and Grubbing: 1. Review trees and stumps to be removed with the City Forester prior to removal. Trees scheduled for removal will be marked. 2. Remove tree and entire stump. 3. Backfill and compact hole to 98% standard density. 4. Extra care must be taken to protect existing trees on the site. F. Miscellaneous Materials: 1. All materials identified on the plan for material shall be removed under the requirements of this section. 1.10 MEASUREMENT AND PAYMENT A. All items to be removed are shown on the plans. All work and materials required to remove these items shall be paid under the lump sum bid item "Site Improvements." Page 4 of 7 DEMOLITION, REMOVALS, GRADING AND SEEDING SITE GRADING PART 2 2.1 SITE CONDITIONS A. Contractors shall make necessary site visits prior to bidding to determine the level of work required to their satisfaction. B. Protect existing roads, fences, trees, utilities and other features from damage from work of this section. A. In the event of damage, immediately make all repairs and replacements necessary subject to the approval of the Building Official at no additional costs to the Owner. 2.2 SITE GRADING A. Cut, fill and grade site in areas shown on the plans. All graded areas must be left in a mow able condition. The goal is to re -shape the dirt on site and not have to import fill. B. Slope grades to insure both temporary and permanent drainage. C. Finished slopes cannot exceed 3 to 1. 2.3 COMMON EXCAVATION A. Clean excavated materials can be used as backfill in depressions created by the grubbing of stumps or foundation removal. A minimum of 4 inches of topsoil shall be placed over all disturbed areas. No soil shall be hauled off site. 2.4 MEASUREMENT AND PAYMENT A. All site grading indicated on the plans will be measured and paid as part of the lump sum bid for "Site Improvements." This item represents compensation for all work required to salvage topsoil, complete grading and re -spread topsoil. SOIL STABILIZATION AND SEDING PART 3 3.1 DESCRIPTION Page 5 of 7 DEMOLITION, REMOVALS, GRADING AND SEEDING A. This work consists of seeding and incorporating by disc a heavy mat of straw fiber. 3.2 MATERIALS A. Topsoil: select Topsoil Borrow conforming to MN/DOT Section 3877.2A. B. Seed Mixtures: C. Straw D. Fertilizer, Lime or Other Soil Amendments as necessary. 3.3 CONSTRUCTION REQUIREMENTS: A. Sequencing and Scheduling: 1. Place and grade all topsoil borrow and salvaged topsoil. 2. Loosen topsoil. B. Plant Installation and Seeding. 1. Remove foreign materials, undesirable plants and their roots. Do not bury foreign material on site. Remove contaminated subsoil. 2. Loosen the topsoil to a depth of 3 to 5 inches (Average 4 inches). 3. Hand rake areas requiring smooth transitions such as areas adjacent to sidewalks. 4. Seed all disturbed locations on site. 5. Installation Methods: a. Mechanically apply. b. Broadcast in tightly confined spaces and along sidewalk edges. C. Brillion seeded or rolled to ensure 100% seed to soil contact. 6. Apply Liquid Fertilizer: Apply fertilizer at a rate of 3 gallons per acre. Page 6 of 7 DEMOLITION, REMOVALS, GRADING AND SEEDING 7. Seed Blend (love cost ditch blend). 8. Water shall be applied in a rainfall type application. No water should be applied if rain is forecasted within the next 12 -hour period. 9. All seeded areas shall be warranted for no erosion up to a 1 inch rain per rainfall. 3.4 MEASUREMENT AND PAYMENT A. Bid Items for "Seeding" will be measured and paid as part of the lump sum bid for "Site Improvements." This item represents compensation for all work required to salvage topsoil, complete grading and re -spread topsoil. Page 7 of 7 DEMOLITION, REMOVALS, GRADING AND SEEDING HENNEPIN COUNTY 2010 PROPERTY TAX STATEMENT • 17-118-21 21 0024 Pfltys� CITY OF NEW HOPE Ar- e-IT) 4401 XYLON AVE NNEW HOPE MN 55428-4898 YOUR PROPERTY TAX VALUES & CLASSIFICATION Taxes Payable Year: 2009 2010 Estimated Market Value: 202,000 178,000 Veteran Exclusion New Improvements/ Expired Exclusions: 0 0 Taxable Market Value: 202,000 178,000 Property Class{es}: HOMESTEAD HOMESTEAD 50% HMSTD 50%' HMST,1 You may be eligible Jox eyrie or every two refunds to reduce your property tax. Read the back of this statement to find out how to apply. Taxes Pavable Year 2009 2010 1. Use this amount on Form M1PR to see if you are eligible for a property tax refund. 2,533.88 File by August 15. If box is checked, you owe delinquent taxes and are not eligible 1 I 2. Use this amount for the special property tax refund on schedule 1 of form M1PR. 2,728.49 Property Tax and Credits 3. Property tax before credits 2,823.49 2,639.88 4. A. Homestead and agricultural market value credits 95.00 106.00 B. Other credits .00 .00 5. Property taxes after credits 2,728.49 2,533.813 Property Tax by Jurisdiction 6. A. County .............................. .......... .. ...... ... .. 263.83 243.24 B. Regional Rail Authority........... ..... ............ ... .. ..... 2.48 5.70 7. City or Town .................................... ........ ...... ..... .. .. 269.32 262.10 8. State General Tax ................... .................................... .00 .00 9. School District: A. Voter approved levies ............................ 454.17 401.90 B. Other Local Levies ............................. .. . 202.13 168.64 10. Special Taxing Districts: A. Metropolitan Special Taxing Districts.... 16.83 14.94 B. Other Special Taxing Districts........... 27.73 26.26 C. Tax Increment .............................. 1,492.00 1,411.10 D. Fiscal Disparity .............. .. .00 .00 11. Non -School Voter Approved xeierenaa Levies ............. .. .. ... ....... 00 .00 12. Total property tax before fees and Special Assessments . ... .............. 2,728.49 2,533.88 County Collected Solid Waste Management Fee .... ........... ........ 22.13 13 A. Special Assessment Principal.... ...•.. ........... ... .. .... .. 86.37 B. Special Assessment Interest. ... .. ........... .. 7.43 14. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS........... 2,844.42 2,533.88 MAKE r!-IECK PAYABLE TO HENNEP. )UNTY TREASURER A-600 Govemment Center Minneapolis, MN 55487-0060 612-348-3011 • www.hennepin.us Office Hours 8:00 to 4:30 Monday - Friday owner CITY OF NEW HOPE Munic School Watershed sewer TIP 86 281 8 02 1606 Property Address 4424 NEVADA AVE N Addition AUDITOR'S SUBD. NO. 324 Lot Block 031 THAT PART OF N 125 FT LYING W %p paject .tit ,�_5x 0 W F 1, T ti, tle 11660 Wayzata Boulevard Minnetonka, MN 55305 Phone: 952-252-2500 Fax: 952-252-2505 www.westtitle.com Date: January 4, 2010 City of New Hope 4401 Xylon Ave N New Hope, MN 55428 File No: 09072805 Property Address: 4424 Nevada Avenue North, New Hope, MN 55428 Please find enclosed for the above referenced property. (X) Owner's Policy No. 27306-79620867 (X) Deed Document No. A9420493 ( ) Other: x- Denotes- enclosed These documents should be kept in a safe place. Your title insurance is valid for as long as you own your home. Please call 952-252-2500 with any questions or concerns. West Title Final Policy Department AIRM MM Fidelity National Title Insurance Company IMM POLICY NO.: MN2232-10-09072805-2010.27306-79620867 OWNER'S POLICY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCL USIONS FR OM CO VERA GE, 1TiI;EXCEP 1YUM KMUM CUVEAA&,b G'UN1AI]VfdJ IN SCREDULE. R, A iVV- THE CUJVD.117ONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date ofPolicy, against loss or damage, not exceeding the Amount oflnsurance, sustained or incurred by the Insured by reason of. - 1. f 1. Title being vested other than as stated in Schedule A. Z Any defect in or lien or encumbrance on the 7111e. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (it) failure of any person or Entity to have authorized a transferor conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, accknowledged, notarized, or delivered, - (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsifled, expired or otherwise invalid power of attorney; (vi) a document trot properly fled, recorded, or indexed in the Public Records includingfailure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete landsurvey of the Land. The term "encroachment " includes encroachments ofexisting improvements locatedon theLandonto adjoining land, and encroachments onto theLand of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. S. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating prohibiting, -relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land,- (c) the subdivision of land,• or (a� environmental protection if a notice, describing any part of the Land, is recorded in the Public Records settingforth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise ofagovernmentalpolicepowernot covered by Covered Risks fa notice ofthe enforcement action, describing anypart of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, orfrom a court orderproviding an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in ScheduleA because that prior transfer constituted afraudulent orpreferential transfer under federal bankruptcy, state insolvency, or similar creditors'rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' righi s laws by reason of the failure of its recording in the Public Records rx) to he timely, or (d) to impart notice of its existence to a purchaserfor value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has peen filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys fees, and expenses incurred in defense ofany matter insured against by this Policy, but only to the extentprovided in the Conditions. IN WITNESS WHEREOF, FIDEMTYNATIONAL TITLEINSUR4NCE COMPANYhas caused this policy to be signed and sealed by its duly authorized officers. Fidelity National TY Insurance Company Countersigned: Au i ed Signatory Miche k MN2232 09072805 SM ' West Title, LLC ATTW Ptea,aeeu 11660 Wayzata Boulevard Minnetonka , MN 55305 Tel:(952) 252-2500 See*" Fax: (952) 252-2505 27306 (6/06) ALTA Owner's Policy (6117/06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reas 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment ofthe Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land, or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covera (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date ofPolicy, but Known to the Insured Claimant and not disclosed in writing to the Company 1 Insured Claimant prior to the date the insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date of recording ofthe d other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terns when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 ofthese Conditions. (b) "Date ofPolicy"; The date designated as `Date ofPolicy" in Schedule A. (c) "Entity"; A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee ofan Insured under adeed delivered withoutpaymentofactual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity ofthe named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured ClaimanP': An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land'; The land described in Schedule A', and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines ofthe area described in Schedule A, nor any right, rite, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established understate statutes at Date ofPolicy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. Withrespect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk ofthe United States District Court for the district where the Land is located. 0) "Tide": The estate or interest described in Schedule A. (k) "Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released 27306 (6106) from the obligation to purchase, lease, or lend if there is a contractual condition req the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date ofPolicy in fava Insured, but only so long as the Insured retains an estate or interest in the Land, or an obligation secured by a purchase money Mortgage given by a purchaser frc Insured, or only so long as the Insured shall have liability by reason of warranties transfer or conveyance ofthe Title. This policy shall not continue in force in favor purchaser from the Insured of either (i) an estate or interest in the Land, or i obligation secured by a purchase money Mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any liti as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall corm Insured hereunder of any claim of title or interest that is adverse to the Title, as in and that might cause loss or damage for which the Company may be liable by vii this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. Company is prejudiced by the failure of the Insured Claimant to provide prompt t the Company's liability to the Insured Claimant under the policy shall be reduced extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of or damal Company may, at its option, require as a condition of payment that the Insured Cli furnish a signed proof of loss. The proof of loss must describe the defect encumbrance, or other matter insured against by this policy that constitutes the b. loss or damage and shall state, to the extent possible, the basis of calculating the a of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contai Section 7 of these Conditions, the Company, at its own cost and without emreasi delay, shall provide for the defense of an Insured in litigation in which any thir asserts a claim covered by this policy adverse to the Insured. This obligation is lim only those stated causes of action alleging matters insured against by this poliq Company shall have the right to select counsel of its choice (subject to the right Insured to object for reasonable cause) to represent the Insured as to those stated of action. It shall not be liable for and will not pay the fees of any other course Company will not pay any fees, costs, or expenses incurred by the Insured in the d of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in 7 of these Conditions, at its own cost, to institute and prosecute any action or prop or to do any other act that in its opinion may be necessary or desirable to establ Title, as insured, or to prevent or reduce loss or damage to the Insured. The Coi may take any appropriate action under the terms of this policy, whether or not it s liable to the Insured. The exercise of these rights shall not be an admission of liab waiver of any provision of this policy. If the Company exercises its rights and subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as requ: permitted by this policy, the Company may pursue the litigation to a final determi by a court of competent jurisdiction, and it expressly reserves the right, in i discretion, to appeal from any adverse judgment or order. ALTA Owner's Policy (611' 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other Iawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative ofthe Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative ofthe Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment ofthe Company, it is necessary in the administration ofthe claim. Failure ofthe Insured Claimantto submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case ofa claimunder this policy, the Company shali have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment ofthe Amount of insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company ofthis option, all liability and obligations ofthe Company to the Insured under this policy, other than to make the paymentrequired in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant, (i) To pay or otherwise settle with otherparties for or in the name ofan Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability ofthe Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value ofthe Title as insured and the value ofthe Title subject to the risk insured against by this policy, (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as ofthe date the claim was made by the Insured Claimant or as ofthe date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right ofaccess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured, (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jraisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of insurance by the amount of the payment, 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lion on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days, 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim thatthe Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. Ifrequested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company ofthese rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name ofthe Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies ofinsurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules ofthe American Land Title Association ('Rules'j. Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out ofthe transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreedto by both the Company and the Insured Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status ofthe Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its temps and previsions. Except as the endorsement expressly states, it does not (i) modify any ofthe terms and provisions ofthe policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 27306 (6106) ALTA Owner's Policy (611 7106) 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforo mentofpolicies oftitle insurance ofthe jurisdiction wherethe Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice ofclaim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Insurance Company, Attn: Claims Department, P. O. Box 45023, Jacksonville, Florida 32232-5023. 27306 (6106) ALTA Owner's Policy (fi/17/06) SCHEDULE A Name and Address of Title Insurance Company: File No.: 09072805 Fidelity National Title Insurance Company 601 Riverside Avenue Jacksonville, FL 32204 Policy No.: 27306-79620867 Address Reference: 4424 Nevada Avenue North, New Hope, MN 55428 Amount of Insurance: $55,000.00 Premium: $220.00. Date of Policy: September 15, 2009 at 11:01 AM 1. Name of Insured: City of New Hope 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: City of New Hope 4. The land referred to in this policy is described as follows: The North 125 feet of Lot 31, Auditor's Subdivision Number 324, Except the East 162 feet thereof, Hennepin County, Minnesota. Fidelity National Title Insurance Company By: West Title, LL Michelle Pacovsky ALTA Owner's Schedule A (6117106) Fidelity National Title Insurance Company SCHEDULE B File No.: 09072805 Policy No.: 27306-79620867 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by public records. 2. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records.. 3.,Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Taxes or special assessments which are not shown as existing liens by the public records. 5. Easements, or claims of easements, not shown by the public records. 5. Real Estate Taxes due and payable in the year 2010 and thereafter. Taxes due and payable in the year 2009 in the amount of $2929.75 are one-half paid and one-half unpaid. No penalty will accrue if paid by October 15, 2009. 6. Utility and drainage easement(s) as shown on the recorded plat. 7. Restrictions, covenants and conditions affecting title, if any, which appear in the public records, and which contain no forfeiture provision. 8. Easements, if any, which appear in the public records, other than those show on recorded plat. 9. Reservation of minerals or mineral rights appearing in the public records. 10. This Policy excludes all loss or damage, including attorney's fees and costs, as to liens resulting from unpaid municipality charges, including those for water or sewer; and for liens resulting from violations or alleged violations of statutes, ordinances, codes and/or regulations, including, but not limited to, charges for summary abatement, rubbish removal, cutting grass, tree removal and board -up. 11. NOTE: For Informational Purposes Only: Property is Abstract The Abstract of Title for this property was not submitted to West Title, LLC for examination. West Title, LLC will not be responsible for the cost of replacing the abstract. ALTA Owner's Schedule B C.V. filed_X_C.V. not req. No delinquent taxes Transfer Entered 9/15/2009 11:00:00 AM Hennepin County, Minnesota Jill L. Alverson County Auditor and Treasurer Doc No A9420493 Certified filed and/or recorded on 9/15/09 11:00 AM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 5 Pkg ID 569953 Doc Name: Limited Warranty Deed Document Recording Fee $46.00 State Deed Tax (.0033 rate) $0.00 State Deed Tax Exempt $0.00 Environmental (SDT) $0.00 Response Fund Document Total $46.00 This cover sheet is now a permanent part of the recorded document. 23-M LIMITED WARRANTY DEED Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company STATE D ED TAX DUE HEREON: EXEMPT Date:lf Minnesota Conveyancing Forms•023-mvl • Valley PC Services (9/99) Bax 160 Title Recording Services FOR VALUABLE CONSIDERATION, Federal National Mortgage Association AKA Fannie Mae, a corporation, under the laws of the United States of America, Grantor, hereby conveys and quitclaims to City of New Hope, Grantee, real property in Hennepin County, Minnesota, described as follows: SEE ATTACHED EXHIBIT "A" Subject to restrictions, reservations, covenants and easements of record, if any. together with all hereditaments and appurtenances. This Deed conveys after-acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property, EXCEPT: —Check Boz if Applicable: `171 The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Title Recording Services, Inc. 79 Western Ave N St. Paul, MN 55902 HENNEPIN A 11111!!1 1111 VIII 1!111 IIIA 11111 f IIII VIII !I!I 1111 587697 09072805 WEST BASIC EX DEED EXHIBIT "A" LEGAL DESCRIPTION The North 125 feet of Lot 31, Auditor's Subdivision Number 324, Except the East 162 feet thereof, Hennepin County, Minnesota. ��`r�rrtttltit*.Z.�S. STATE OF Texas ) )ss. COUNTY OF Dallas ) FEDERAL N NAL MORTGAGE ASSOCIATI NIAAftNIE MAE By: t+Uu q=WWT Its: ASS118tant Secretary The foregoing instrument was executed and acknowledged before me on this a -I day ofika 2009 by — *fit k-:jkA;-r-n ' the c� c .. t .t of Federal National Mortgage Association a/k/a Fannie Mae a Corporation under the Iaws of United States of America, on behalf of the Co oration. =: DIANA MICHELLE RC61NSON 'x _yf MY COMMISSION �xFIR' s Marco i4, 20I0 I THIS DOCUMENT WAS DRAFTED BY (NAME AND ADDREss) West Title, LLC 11660 Wayzata Boulevard Minnetonka, MN 55305 (952)252-2500 File # IL'�-y y 1Z__1 SIGNATUR OF PERSON TAKING ACKNOWLEDGEMENT Check here if part or all of the land is Registered (Torrens) ❑ Tax Statements for the real property described in this instrument should be sent to (include name and addmas of Grantee). WORK SESSION REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development January 19, 2010 Work Session Item No. By: Eric Weiss, CD Assistant Curtis Jacobsen, Director of CD By:___ Kirk McDonald, City Manager 11.6 Discussion regarding the future use of 4424 Nevada Avenue North (improvement project #858) Requested Action Staff requests that the Council discuss the possible uses of the city -owned property at 4424 Nevada Avenue. Policy/Past Practice It has been a practice of the city, on occasion, to acquire properties that represent a redevelopment opportunity. The property in question has been a potential redevelopment site for a number of years. Background The property at 4424 Nevada Avenue has been identified in the city's last two comprehensive plans 4s a possible redevelopment site or for incorporation into Fred Sims Park. In the past few months the property went into foreclosure and became vacant. The city purchased the property, completed environmental abatement, and demolished the home. The property is located in an R-1 single family residential zoning district and is located at the southeast corner of 451h and Nevada avenues. The property has a 95 foot frontage on Nevada Avenue and a depth of 130 feet, with a total square footage of 12,432 square feet. Several ideas for consideration could include: 1) Re -sale to a private developer for construction of a new home similar to the process the city used for 5207 Pennsylvania (city developed specific guidelines for the home type and solicited bids). Under current market conditions staff is not certain how successful this would be. Project would be paid for using EDA funds. 2) Land bank the property for future development. Project would be paid for using EDA funds. 3) Incorporation of the property with Fred Sims Park. Project would be paid for using Park Dedication funds. MOTION BY SECOND BY TO: - ` I;\RFAIPLANNING\PLANNING\ WS -Future use of 4424 Nevada 1-19-10.doc Request for Action fanuary 19, 2010 Page 2 By the city buying this property, the city is giving up approximately $660 in city taxes on the property per year. Should the property be developed with a new $300,000 home the potential taxes are $1,548.00. Should the property be incorporated into the park the parks department would lead the planning process for this property. Staff would appreciate Council feedback and direction on this issue although there is no immediate need to make a decision tonight. Recommendation Staff recommends incorporating the property into Fred Sims Park. This would create a more unified park property. The site has long been identified as a potential park expansion project. There is currently $68,000 in funds available in the Park Dedication fund. The project is an ideal use of Park Dedication funds as those funds have limited eligible expenses and this project meets those requirements. Considering the current housing market it is unsure the market feasibility of pursuing a housing infill project. Attachment(s) • Aerial photo • Parcel tax data (2009) • Parcel tax data (2010) • Property tax calculator/various priced houses • Comp Plan District 10/Item 5 • Cost of acquisition • Scattered site housing policy u Sample RFP — new housing construction Current photo of site +�. ._.`"�, �� ..mss '.��'►>_+•� � +� _ _ t� i. .� - CD CD 'I_ f # ,` L7 .tee, O t _ ♦, - ,{ .y: �r. J printdetails.jsp Property ID: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Note: Taxes Payable 2010 (2009 Values) will be available on this web site approximately 03/01 Parcel Data for Taxes Pa -able 20.;9 17-118-21-21-0024 4424 NEVADA AVE N NEW HOPE 281 8 02 CITY OF NEW HOPE CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE MN 55428 Construction year: 1946 Approx. Parcel Size: 95 X 131 Aost Curreni Sales Fnformation Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms -length transactions. Sale Date: August, 2009 Sale Price: $55,000 Transaction Type: Tax Parcel Dzscription Addition Name: AUDITOR'S SUBS. N0, 324 Lot: 031 Block: Metes & Bounds: THAT PART OF N 125 FT LYING W OF E 162 FT THEREOF EX ROAD Abstract or Torrens: ABSTRACT Value sn4 Tax Sumrnzry .'or -faxes Ptya sle 2009 Values ssZablished by Assessor ws of Januar;4,:s, 2438 Estimated Market Value: $202,000 Limited Market Value: $202,000 Taxable Market Value: $202,000 Total Improvement Amount: Total Net Tax: $2,728.49 Total Special Assessments: $93.80 Solid Waste Fee: $22.13 Total Tax: $2,844.42 :Pr07eriy inf orM&tjo:. ve;mil'ior -i-axes Ra,able ivoe Values Established by .'assessor as of ]anuar,+ 2, 21ZCZ Values: Land Market $58,000 Building Market $144,000 Machinery Market Total Market: $202,000 Land Limited $56,000 Building Limited $144,000 Total Limited: $202,000 Qualifying Improvements Veterans Exclusion Classifications: Property Type RESIDENTIAL Homestead Status HOMESTEAD Relative Homestead Agricultural Exempt Status Page 1 of 1 hq://wwwl6.co.hennepin.Inn.us/pinslprintdetalls.jsp?pid=1711821210024 1/13/2010 Property Information Search by Property ID Result page Eennepi,, County, Minnesota ?roper:,y Information Search Result IT— iR n. n.:web dat ba_e L, ur:i:;r daily r. jar.: °,:y - F:ivcrj) at approxPmat€-'.� 9:1?. ;o., .. (:',S ) .1010 Ass-+.- t . ;;t D <_' l: •r Ta::C PH;•: -W ' I ' P�2iJMFRYY 1D O!I '.::� `6i 2009 Assessmen.: (For Taxes Payable 2310) PE1M 11: _ { "7714k ._ P.,o :rt. -_L: i3 -lir, .. `001 r I. i _42 i .. EV;.'7_=. 'nit t,... :�r(;�yerty IO: 1711821210024 0 "in ..': CITY Taxpayer tJ_,_.a / Adur -y: Ut'; Or !:" '.°1 HOPE Search Clear 4401 :{YLON AW;_ _ Subrecord No. 1 ..•rprovemeat .-)-'' Zy Tyr^: F.'".Sit: .Jl't, HOMESTEAD Zxels;,a- ck, Values Estimated Limited Lam;:: x=;,000 54,0C) .dachh, —ry: 0 Totals: 178,000 178,000 Lass pu ^.iii:=•1 Improvement: 0 Le%s Vetec _ns Exclu i::n: 0 Toial Taxnble Market Valu.!: 178,000 AF r'n Cc. Jr y pro ,W:r j th . i.i:. "inati- i G5; a Pulp- : ry :u. T;. r ! au qui--,tV is: taxinfo@co.hennepin.rrn.us ` r' help .::ting :: p:'1 ;:,:",, r^ r ;r r:'fy Cf,-ck t a ' or. Search Tips G - r coo- - _ ,v. cr 3aj -'Macy,. e,,WyC,:.e' ertl AWS :..L5 Fi ^y Page 1 of 1 http://www l6.co.hennepin.rnn.us/pins/Pidresult-i sp?pid=1711821210024&assmt=l 1/13/2010 Property Tax Calculator Page 1 of 2 Unoui: as MINNFSOTA CITIES Property Tax Calculator To select multiple cities, hold down the ctrl or shift key. When selecting cities by region, select the region by either clicking on the map or selecting the region from the list. Select the population range and then click the add button. Cities meeting the criteria you have selected will be added to the list. Select Tab: @) City/Year Year/City New Search/Refine Search city Year Value city Tax City Tax Total Tax Total Tax w/ Credit w/ Credit New Hope 2009 178,000 735 660 2,492 21280 Select Tab: 0 City/Year Year/City New Search/Refine Search City Year Value City Tax City Tax Total Tax Total Tax w/ Credit w/ Credit New Hope 2009 100,000 413 313 1,400 1,118 125,000 516 424 1,750 1,490 150,000 619 535 2,100 1,863 175,900 723 646 2,450 2,235 178,000 735 660 2,492 2,280 200,000 826 757 2,aaa 2,608 225,000 929 869 3,150 2,980 225,000 929 869 3,150 2,980 250,000 1,032 980 3,500 3,353 275,000 1,135 1r091 3,850 3,725 300,000 1,239 1,202 4,200 4,098 325,000 1,342 1,314 4,550 4,470 350,000 1,445 1,425 4,900 4,843 375,000 1,548 1,536 5,250 5,216 Your LMC Resource Policy Analysis staff has expertise in the areas of property taxes, state aids, and the state -local fiscal relationship. They are available to answer your questions about the Property Tax Calculator and other League resources on fiscal topics. Connect with Policy Analysis staff members choose "Member Services" under "Department" http://www.hnc.org/page/l /prop erty-tax-calc-iframe.i sp 1/13/2010 Planning Districts DISTRICT 10 This district is located in the east central portion of New Hope. The Soo Line Rail System is the west and north district boundary. Other boundaries include Crystal to the east and commercially zoned properties to the south. The primary land uses within this district are low density residential, park/recreation, with commercial land uses along 42 Id Avenue. The following recommendations are offered for District 10. 1. The low density residential neighborhoods are generally in good condition. The City has identified areas of single family homes along Nevada as a target area for redevelopment. The following strategies will be implemented to address the low density residential areas of District 10: a. Promote property maintenance through private reinvestment through the enforcement of the City's Point of Sale Code Compliance Inspections, Property Maintenance Code, Rental Registration Program, and scattered site housing programs. b. Actively pursue the redevelopment of the poor condition, low densiii residential sites along Nevada Avenue between 42Id Avenue and 45 Avenue. Low to medium density residential alternatives are suggested for this area. 2. The City will actively promote the maintenance of existing multiple family residential properties through the enforcement of its Rental Registration Program and International Property Maintenance Code. 3. The multiple family site south of Fred Sims Park lacks amenities and has stormwater drainage issues. The City will work with the property owner to encourage site improvements and solutions to the drainage problems. 4. District 10 is served by Fred Sims Park. The City will continue to monitor and upgrade the park as needs are presented. 5. if the opportunity presents itself, the City mar consider the acquisition of the single family home at the southeast corner of 45t Avenue and Nevada Avenue for its incorporation into Fred Sims Park. City of New Hoe Cv4R2om rehensive Plan U date Development Framework 298 Acquisition of 4424 Nevada Avenue North Purchase Price: $56,750.00 Asbestos removal survey: $1,373.72 by Applied Environmental Sciences Asbestos Removal: $9,825.00 by Envirobate of MN Demolition: $10,484.00 by Twin Pines Earthworks TOTAL: $78,432.72 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEW HOPE SCATTERED SITE REDEVELOPMENT PROGRAM Program Objectives o Replace small, deteriorated lower value housing on scattered sites throughout New Hope with new, larger, higher value housing designed for families. o Eliminate the blighting influence of substandard housing to improve residential neighborhoods. o Improve the housing choices within the City. These objectives will be achieved through the acquisition of property and the redevelopment of new single family homes. Acquisition of Property Seller Solicitation Procedures EDA staff will solicit sellers by direct mail, advertisement or other methods such as the City Report and Cable 12 news programs. The number of properties purchased will be determined by the availability of resources and properties. Sale to the EDA must be on a voluntary basis. Interested potential sellers are required to respond to the EDA solicitation in writing, with an offer indicating: o An interest in selling their property to the EDA; o A willingness to waive relocation benefits; o A statement that the property is either owner occupied or is vacant and is not being rented to any party; and o Consent to the release of relevant information to potential developers and end buyers. Owners who have expressed an interest in selling must be contacted to inform thein of the estimated project time line and solicit the required written response. Property Selection Criteria EDA staff will prepare property fact sheets for properties which owners have expressed an interest in selling and make a curb side inspection. Properties will be evaluated based on the following criteria. To be eligible for acquisition, properties must meet each of the following criteria: • The property is one or more of the following: o Substandard as to condition, size or usage; o Obsolete and of a faulty design for block and area in which it is located; o Has caused a blighting impact on the existing neighborhood; o Detrimental to the health, safety or welfare of adjoining properties. Q The site can be developed as a single family home within City Code requirements, including zoning and conformance with the Comprehensive Plan. The property must be owner -occupied or vacant before the owner should consider offering it to the EDA. Tenant occupied properties will not be considered for purchase. In the event that the property was tenant occupied within one year prior to purchase by the EDA, the seller will be required to furnish documentation of the reasons for the property becoming vacant such as a copy of the lease, eviction notices, etc. The relationship of the property to other public or private activities does not cause a negative impact on development. Examples of other activities to be considered include: o commercial, industrial or other development/redevelopment areas; ❑ street, highway and public utility improvement projects; ❑ storm water flood prevention improvements projects; and ❑ schools, parks or other community facilities. Property Evaluation Procedures Based on the above information, EDA staff will identify and recommend purchase of the best candidates for acquisition. The following are among the factors that will be considered in that evaluation: ❑ properties must be available to meet the EDA development time frame; ❑ properties with the lowest values, smallest size or poorest conditions should be considered first; ❑ properties purchased should be equally distributed by location and value through the City when possible; and ❑ when possible, properties should be purchased that minimize costs and maximize the potential return on investment, such as properties which can be subdivided into two lots for new houses. Given the above considerations, each site will be evaluated on a case by case basis. EDA staff will conduct an investigation as to the existence of any hazardous materials on the property. This includes: ❑ a visual inspection; ❑ a professional asbestos hazards survey; and ❑ a statement from the seller regarding any knowledge of the properties use for production, storage, deposit, or disposal of any toxic or hazardous wastes or substances or asbestos products whatsoever, during the time seller owned the property and prior to the date of seller purchased property. Properties with extraordinary environmental problems or hazards may be considered if the purchase price is reduced sufficiently to cover increased site clearance and preparation costs. If a variance is required to redevelop the property, the EDA may, at its sole discretion, choose not to acquire the property. This determination will be made based on the project time lines, available resources, and availability of more desirable properties which do not require a variance. Establishing Fair Market Value EDA staff will order a professional appraisal to determine the fair market value of the property. The independent fee appraiser will be carefully instructed to document in specific terms the condition of the property, obsolescence of the floor plan and related issues. The acceptance of conditions in the market place should be discussed in the report and the appraiser's value judgment should reflect these conditions. In the event that EDA staff believes that there is justification to deviate from the fair market value established by an appraisal, reasonable adjustments may be made in the EDA's offer to the potential seller provided the potential seller is made aware of the original estimate of fair market value prior to the adjustments. A fair market value appraisal represents the appraiser's opinion of value on the open market in a transaction where the seller would typically have to pay a significant (5%-7%) commission to a real estate broker. In a sale to the EDA, the seller typically does not have to pay such costs. For this reason, a reduction of the purchase price to 95% of fair market value could be justified and may be pursued by EDA staff through direct negotiation with the potential seller Acquisition Procedures When a purchase price has been determined, the seller will be informed of: o The purchase price; o How the purchase price was determined; o That if negotiations fail, and the offer is not accepted, the EDA will not acquire the property through other means; and o The date and time of the meeting at which the EDA will decide to make a formal offer to purchase the property. If the EDA authorizes the purchase, it will execute a Purchase Agreement making the formal offer to purchase the property. Staff will then forward the Purchase Agreement and earnest money payment to the seller for them to consider the offer and execute the agreement. If the seller fails to sign the agreement, the purchase will not proceed and the earnest money shall be returned to the EDA. A closing will be scheduled with the seller and EDA staff. Typically, the City Attorney's office will act as the closing agent. Seller will be requested to assemble or supply all required documentation prior to closing. Seller will be asked to provide the Abstract of Title or Registered Property Abstract (as applicable) to the EDA, to facilitate the rendering of a Title Opinion. The cost of updating the Abstract or RPA will be the paid by the EDA. The EDA will provide a written receipt when receiving and returning an Abstract or RPA. EDA Staff will also order an owner's title insurance policy, and will not close prior to receipt of the title insurance company's Commitment to Insure. Seller must be prepared to vacate the property on the day of closing unless alternate arrangements are made with EDA staff, including rent payments and assumption of utility expenses for the duration of the late stay. Specifications for Construction of a New Single Family House at 5207 Pennsylvania Avenue North Property Information The property located at 5207 Pennsylvania Avenue North was acquired by the New Hope Economic Development Authority in November 2004. The house and foundation were demolished in 2005 and the site was restored. The city did not demolish the existing detached garage on the property. The garage is 30'by 30' and will need new siding and a roof to match the proposed home. The legal description of the property is as follows: Lot 8, Block 4, Sunset Heights Addition, Hennepin County, Minnesota. Deadline for Completion Construction of the dwelling on the property must be completed within five (5) months from the date the purchase agreement is approved by the New Hope Economic Development Authority. Target Price for Lot The minimum target price for the lot with garage is $75,000. (Note: The target price is a minimum, it is not the maximum price; it is a reasonable estimate as to the market value of the lot with a large garage on the site. Builders should offer whatever they feel is reasonable given the attributes of the property and the proposed new house. The EDA reserves the right to reject any or all proposals. Target Value for Property after House Completion The minimum target value (land and building combined) is $300,000. To determine the value of a proposal, the EDA will use the estimated market value for property tax purposes (which will be estimated by the Hennepin County Assessor based on the plans submitted by the builder). (Note: The target value is city staff's goal for the combined value of the land and new house, as estimated by the county assessor using the same methods for assigning property taxes. It is not a minimum or maximum value; it is a reasonable estimate of the market value of the property once the new house is completed. Builders should submit a house plan that they feel is reasonable given the attributes of the property and the price they are offering for the lot. The EDA may choose to reject any proposal with an assessor's estimated value that is below the target value.) Development Criteria The new home shall be a single-family, owner occupied house. Siding materials, exterior facade treatments, roof, window, siding and building line variability, finished landscape, interior space function and use are all important considerations that city staff will evaluate. The development of the site shall meet the development objectives listed below. Site Standards The entire site shall be landscaped to be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with the surrounding neighborhood. Builder should locate the house to preserve the trees identified for preservation on the site sketch, or replace them on a one -fox -one basis by planting a tree that will have a similar size to the tree being removed. In such cases, size and location of the replacement tree must be approved by the city forester prior to planting. Trees not identified for preservation on the site sketch may be removed at the discretion of the builder at the builder's expense. No compensating tree planting is required for such trees. Utilities Utility meters shall be screened from street view; locations must be specified on the plans submitted with the building permit application. All utility service lines shall be underground. Any expense for connection of the house to utilities shall be the responsibility of the builder, including any necessary landscaping or sidewalk, curb or pavement removal/repair/replacement. Municipal water will be available in the front yard along Pennsylvania Avenue North. Municipal sanitary sewer service will be available in the front yard along Pennsylvania Avenue North. The builder will be responsible for any SAC charges levied by the Metropolitan Council Environmental Services. Upon exposure of the sewer stub, builder or its agents shall call the city's utilities crew at 763-592-6762 and the proposed connection shall be inspected before doing any further work. If the connection is in poor condition, the city may require the builder to replace the proposed connection. Questions regarding city utilities should be directed to the utilities maintenance supervisor at 763-592-6762. Questions regarding private utilities should be directed to the respective utility company. Portions of the existing driveway have been removed to seal the well on the site. The builder may alter the existing driveway provided it is in conformance with the applicable City Code. Drainage from the house, garage, driveway and any other structures shall be accommodated on the site so that water is not directed onto adjoining properties. The existing grade of the site is higher than the adjoining property to the north. Builder shall position the house and grade the site to carry stormwater to the existing storm drain in Pennsylvania Avenue North. If determined by the building official to be necessary, builder will install rain gutters to direct roof runoff to minimize impacts on adjoining properties. Builder will follow Best Management Practices to minimize erosion and runoff onto adjacent properties and public ways. At a minimum, the builder shall install silt fencing to prevent runoff silt from flowing onto the street or adjacent properties. Builder will be given additional points for driveway reconstruction. The construction site, neighboring property and adjoining public streets shall be kept free of construction debris at all times. The builder may have a construction dumpster on the property for debris as long as it prevents debris from being scattered or blown around. All air-conditioning cooling structures or condensers that generate noise are encouraged to be located within the rear yard. Cooling systems are permitted in the side yard with approved screening. No construction workers, construction equipment or construction material shall enter neighboring properties without said property owner's prior consent. Building Standards Any structures shall comply with MN State Building Code. The house shall have at least three bedrooms and two bathrooms. The house shall have a full basement, unless the selected design results in a split level/garden level type of basement. At a minimum, basement shall have at least one egress window and a rough -in for a future 3/4 bath. Additional basement windows will receive bonus points. Slab houses and crawlspace houses will not be considered by the EDA. Exterior materials (siding, soffit, doors and windows) shall be low maintenance. Vinyl, steel, or other low maintenance siding materials are encouraged and can be made more desirable through the use of shakes, fish scales or other styles to break up the pattern. The use of brick is encouraged. Fiber cement siding or wood siding with natural resistance to decay are encouraged but they must be properly stained or painted. Hardboard panels or hardboard lap siding are not acceptable. Height and mass of the new house should be as compatible with the scale of the surrounding neighborhood as possible, given the other objectives of this program. The EDA recognizes the goal to blend in with the neighborhood often conflicts with the goal for larger, higher value homes, with more modern features. The builder is encouraged to use designs that attempt to balance both of these goals as much as possible. The site has an existing detached 30' by 30' garage. It will be necessary to replace the siding and roof to match the exterior of the proposed home. The design should emphasize the front door as the focal point for the front of the house. Large and usable front porches will earn bonus points. Plans should present a balanced and pleasing distribution of wall and window areas from all views. Horne designs in which corner rooms have windows on both sides will receive bonus points. Homes that have a center island kitchen, a deluxe master bath with whirlpool tub, fireplace(s), a main floor office or study, a main floor or upstairs laundry, upgraded flooring such as ceramic or wood, or other upscale features will receive bonus points. Designs that allow for flexibility in living arrangements such as having at least one bedroom and at least a 3/4 bath on the main floor will also receive bonus points. Outdoor living spaces such as decks or screen porches will also receive bonus points. Builder Selection Criteria Builders must meet the following requirements: Provide preliminary plans of the proposed house. Preliminary plans shall include a site sketch, floor plan and elevations of all four sides of the proposed house. The site sketch showing the building footprint shall be drawn to scale. The floor plan shall be drawn to scale on the survey provided. The building elevations shall be drawn to scale on 8 1/2" x 11" paper, so that we may easily verify dimensions and make copies for the EDA to review. Be licensed as a Residential Building Contractor by the State of Minnesota. Proposals submitted by parties which are not licensed as a Residential Building Contractor shall not be considered by the EDA. Have experience in house construction in Minnesota. Builders shall provide the addresses of three houses they have built in Minnesota in the last three years. Proposals submitted by parties who do not meet this requirement shall not be considered by the EDA. Provide proof of builder's risk, comprehensive general liability, and worker's compensation insurance coverage, if requested by city staff. Provide references from at least one of each of the following: 1. previous customers, 2. suppliers 3. municipal building departments. Agree to complete construction of the house as proposed within the time frame specified in Section B (Deadline of Construction) above. The purchase and redevelopment agreement will include a provision which returns the ownership of the property to the EDA if the builder does not perform as specified. Builder Selection Procedures Builder proposals are due at New Hope City Hall no later than 2:00 p.m. on Tuesday, May 10, 2005. Proposals must be submitted in person or by mail. The city of New Hope will not accept facsimile transmission of any part of the proposal. The mailing and drop-off address is: Kirk McDonald Director of Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 EDA staff will review the submitted proposals. Incomplete proposals will not be considered. Proposals may be rejected by staff if they do not meet the Target Price, Target Value, Minimum Features, Development Criteria or Builder Selection Criteria. Staff will make a report to the EDA regarding the proposals. At its meeting of Monday, May 23, 2005 at 7:00 p.m. the EDA will schedule a public hearing and consider the staff report and the qualifying proposals. It is anticipated that the EDA will conduct a public hearing at its meeting of June 13, 2005. The EDA has the ultimate discretion to accept or reject any proposal. The EDA may accept a proposal subject to conditions or modifications. Once the EDA selects a particular proposal, city staff will draft a purchase and redevelopment agreement for sale of the lot to that builder. The builder shall make a formal offer by signing the agreement and returning it to city staff with $1,000 earnest money no later than 10 business days after receiving the agreement. In the event the builder fails to perform within that time period, the EDA may rescind its approval of the selected proposal and pursue other options, including but not limited to accepting another proposal. Closing on the sale of the property is expected to occur within 30 days of the agreement being signed and returned to city staff. At closing, the builder shall make full payment for the remainder of the lot price (the EDA will not provide interim financing). To expedite the process, the builder may initiate the building permit application process before the closing date. However, the permit will not be issued until the builder has closed on the purchase of the lot. Questions regarding building permit forms, fees, inspections, etc. should be directed to the New Hope Inspections Department at 763-531-5121. All building permit materials must be approved by the building official prior to commencing construction. All permit fees are required to be paid prior to building permit issuance. .� .s- v .'a•� .:.s•�c'� �-+a �1A1P' _ - tin' `"� , 44 7.7 dist' .r '�:�•c-; sr�-- ..,..�— ``", .. .. ' '� t d�! - - f a'� � "� � icier '�•'�I,e.`� . WVW r- =oaf....--.x-ltr�jf,T l+.- � �_ � 4+ cy{'T'a• 9 r }f4 , .f f' i' O •5 * * 15 ` I r' COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works June 21, 2010 Work Session Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 11.2 Discussion regarding the installation of plantings at 4424 Nevada Avenue North (improvement project no. 358) Requested Action Staff requests the City Council discuss the installation of plantings at the 4424 Nevada Avenue North site. Background On July 27, 2009, the City Council authorized staff to pursue acquisition of 4424 Nevada Avenue North. On August 27, the city closed on the property. The city contracted with Envirobate Metro to complete the environmental abatement of asbestos, vermiculite, lead paint and other hazardous materials from the residence. After the hazardous materials were removed from the residence, the property was demolished by Twin Pine Earthworks in late December 2009 to early January 2010. Site restoration was completed in the spring of 2010 to act as a means of erosion control. At a January 19, 2010, City Council work session, the possible uses for the vacant site were discussed, but final plans for the site were not determined. In May of 2010, staff was requested by the city manager to create a planting plan to improve the function and aesthetics of the site. The property has a 95 foot frontage on Nevada Avenue and a depth of 130 feet, with a total of 12,432 square feet. The planting plan will address water quality improvement, aesthetic improvements, soil erosion prevention, accommodate potential future development, and provide other benefits to the site. Funding The planting project estimate is near $13,000 for preparatory work, planting and site restoration. Possible funding for the planting would be from the city's park infrastructure fund and/or Economic Development Administration (EDA) Funds. Motion by Second by /_ To: C Zd 2� �L, (�U2J 6. I: \ RFA \ PUBWORKS 124101 Motion 4424 Nevada Planting. doc City Council Work Session 4424 Nevada Avenue North Planting Staff was requested to put together a planting plan for the site of the former residence at 4424 Nevada Avenue North. The site is currently a vacant lot with a ditch seed mixture used for erosion control. The planting plan takes into consideration use of native species, possible future site plans, and making improvements to the sites current appearance. Use of native species will be more tolerant of adverse environmental conditions and have fewer pest and disease issues. The arrangement of the plantings will allow for possible future development of the site without the need to remove a vast majority of the installed vegetation. The site plans will also not interfere with traffic site lines often associated with intersections and will also provide benefits to the environment by providing habitat and food for fauna and provide erosion control water quality and aesthetic benefits. Considerations for restoration of the site: Prepare site with tillage and chemical treatment to reduce vegetative competition and broadcast "Tail grass exposed clay subsoil seed mix" ($30/1000 sq.ft.) in the upland areas, "Mixed height prairie seed mix" ($40/1000 sq.ft.) on the existing sloped areas and "Short grass woods edge savanna seed mix" ($55/1000 sq.ft.) in the lowland areas from Prairie Moon Nursery. • Prairie plants produce deeper roots preventing erosion. • Native plants will • More naturalized look vs. turf grass. • Attracts wildlife such as butterflies and birds. • Ads landscape variety to the adjacent park which is primarily turf grass. • Gives kids a different experience in a more natural environment. Plant Trees and Shrubs to in the lowland areas of the site including Highbush Cranberry, Bush Honeysuckle, Red osier Dogwood, Winterberry, Black Chokeberry and Choke Cherry. • Native plants will aid in erosion prevention and improve water quality by filtering water from the site draining down to the creek. • Aesthetic improvements will be realized through the plantings including fall color, fruits and overall appearance. • Fruits from the shrub and tree species attract wildlife like birds and other animals. Cost Estimate: Species Price Quantity Total Tree and Shrum Species: Red Twigged Dogwood #10 $150 13 $1950.00 Black Chokeberry #10 $150 11 $1650.00 Chokecherry (tree) $250 5 $1250.00 Winterberry #10 $150 10 $1500.00 Highbush Cranberry #10 $150 9 $1350.00 Bush Honeysuckle #5 $125 10 $1250.00 TOTAL $8950.00 Seed Mixes: Tall Grass Exposed Clay Sub -Soil Seed Mix: $30/1000sq.ft. 4000 sq.ft. $120.00 Mixed Height Prairie Seed Mix. $40/1000sq.ft. 4000 sq.ft. $160.00 Short grass Woods Edge Savanna Seed Mix: $ 55/1000sq.ft. 2500 sq.ft. $137.50 Installation $300.00 TOTAL $717.50 Site Preparation and Straw Erosion Control: Site tilling and "Rodeo" herbicide treatment $2000.00 Straw Application for erosion control $500.00 Silt Fencing $500.00 TOTAL $3000.00 PROJECT TOTAL: $12,667.54 Prices listed are based upon previous contractor estimates for projects in the City of New Hope. MdeD& Planting Abbreviations: CB=Chokeberry WB=Winterberry HS=Bush Honeysuckle CC=Chokecherry RD=Red Twigged Dogwood HC=Highbush Cranberry z A�.x..G-rzitSS Ix 00S I �O OC9 0., Owe. Otis Oc go wa .013 0 I cc- / I �5 .,g)/ lis aNC`:J cB o KD �b�i"�1g55 WAS �� S►`�vAnrllrl} \'�'l� RD ;usDA 41 N RCS Unite i Stains iiep.artraent ofAgricol,uae Natural Resources wnnse=ion Service HIGHBUSH CRANBERRY Viburnum opulus L. var. amerieanum Ait. Plant Symbol = VIOPA2 Contributed by: USDA NRCS National Plant Data Center & the Biota of North America Program Viburnum opulus 4 Hugh Wilson Vascular Plant Image Gallery Texas A&M Univ., $ioinformatics Working Group Alternate Names American cranbenybush, cranberry tree, crampbark tree, guelder-rose, wild gueldes-rose, gueldres-rose, cherry -wood, rose elder, red elder, marsh elder, water elder, white elder, gadrise, gaiter tree, gatten, love rose, May rose, pincushion tree, dog rowan tree, Whitten tree, squaw bush, witch -hobble, witchhopple; synonyms: Viburnum trilobum Marsh.; Viburnum opulus ssp. trilobum (Marsh.) Clausen Uses Ethnobotanic: The bark of highbush cranberry yields a powerful antispasmodic (whence the origin of one its American common names, crampbark). The water-soluble preparation (containing a bitter compound called vibumine) has been used for relief of menstrual and stomach cramps and asthma. The antispasmodic properties apparently were discovered independently by European, Native American, and Asian peoples. The action of this agent from highbush cranberry closely resembles that of black haw (Viburnum prunifolium). Highbush cranberry is used as an ornamental plant and valued for its edible fruits. The fruit is commonly gathered from wild stands in late August Plant Guide or early September, best when picked slightly under - ripe (and sour), and used in sauces, jellies, and juices. If picked after a heavy frost, the fruit are softer and more palatable but they develop a musty, somewhat objectionable odor during cooking. The species has never developed into a commercial fruit crop. Wildlife: The bright red fruits often persist on the plants throughout the winter, good for ornamental value but suggesting that they may not be especially palatable for wildlife. Still, they are known to be eaten by deer, moose, foxes, raccoons, chipmunks, squirrels, skunks, mice, rabbits, grouse, pheasants, robins, cedar waxwings, and other songbirds. They are not normally eaten by birds until after they have frozen and thawed several times. The native (American) plants of this species (= V trilobum = V opulus var. americanum, see below) are hardier as ornamentals, less susceptible to aphid attack, and have more intense fall color than the Eurasian plants, and they produce edible fruit, Fruit of the European plants tends to be bitter, and cultivars derived from the European species are grown strictly as ornamentals. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status, such as, state noxious status and wetland indicator values. Description General: Honeysuckle family (Caprifoliaceae). Native shrubs to 4 m high, with upright, spreading, arching branches. Leaves deciduous, opposite, ovate, 5-12 cm long, deeply 3 -lobed, coarsely toothed, with 1-6 large glands near the petiole apex, becoming yellow -red or reddish -purple in the fall. Flowers white, in flat-topped clusters 7-10 cm broad, with flowers of two different types, those in the outer ring sterile, showy, with expanded corollas 1-2 cm broad, the inner flowers much smaller, fertile, with yellow anthers. Fruit bent' -like (a drupe), globose, bright red, 8-10 mm in diameter; stone single, strongly flattened. The common name alludes to the resemblance in fruit between the highbush cranberry and the cranberry of commerce (Vaccinium macrocarpon). Variation within the species. Plant Materials <bttp://plant-materials.nres.usda.gov/> Plant Fact Sheet/Guide Coordination Page <http://plant-materials.nTcs.usda.gov/intranct/pfs.html> National Plant Data Center <http:l/npdc.usda.gov> The North American plants have generally been recognized as the same species as the closely similar native of Europe, northern Africa, and northern Asia — V opulus L. [var. opulus]. Var, opulus is said to differ from the American variety in its filiform - attenuate stipules and petiolar glands mostly short - pedicellate, round -topped to concave, and mostly wider than high. Voss (1996) notes that "variation between vacs. opulus and americanum is too great — and too continuous — to make clear distinctions." Variants have not generally been recognized from within the American segment of the species, but horticultural selections have been made from plants of both continents, primarily for leaf color, fruit color, and growth habit. The best known of these is the cultivated "snowball bush" (V. opulus var. roseum), a form developed from Old World plants, with spherical inflorescences of enlarged, completely sterile flowers (the "snowballs"). The native variety (var. americanum) is known to hybridize with cultivated or escaped ornamental forms of var. opulus. This may result in the gradual degradation or loss of the native genotype. Distribution: Var. americanum is widely distributed across north -central North America, from Newfoundland, Nova Scotia, New Brunswick, and Quebec to British Columbia, and in the US from Maine to Pennsylvania and West Virginia, northwestward to Washington. For current distribution, please consult the Plant Profile page for this species on the PLANTS Web site. The non- native var. opulus is frequently planted and sometimes escapes; it is recorded from Ontario and New Brunswick and various states in the northeastern quarter of the US — Maine to Virginia and West Virginia, westward to Wisconsin, Iowa, and Missouri. Adaptation Highbush cranberry grows in wet woods, along streams, and on moist wooded hillsides, requiring moist but well -drained sites for best development. Flowering (May -)June -July; fruiting August - September. Establishment The seeds are difficult to germinate; in the wild, seeds don't germinate until the second spring following the ripening of the fruit. Management Highbush cranberry is easy to grow, adaptable to a variety of soil and acidity, but it does best in consistently moist but well -drained soil. A yearly application of compost or well -rotted manure will maintain growth and fruit yields The plants are shade -tolerant, but flowering, fruiting, and foliage color will be best on plants in full sun. Plants may require occasional pruning to keep them from becoming leggy and to encourage the production of new shoots; prune immediately after flowering. Highbush cranberry can be propagated through hardwood and softwood cuttings, layering, crown division and by seed. Take softwood cuttings in mid- June through early -July for easiest rooting. Var. americanum is relatively -free from insect and disease damage in cultivation although bacterial leaf spot, powdery mildew, shoot blight, tarnished plant bugs, stem borers, and thrips will occasionally be a problem. Viburnum leaf beetle. The viburnum leaf beetle (Pyrrhalta viburni), native to Europe and Asia, was first encountered in North America in 1947, perhaps arriving earlier from Europe on nursery plants. It received little notice until 1978, when it caused severe defoliation of ornamental vibumums in Ontario and Quebec. It has now reached western New York and Maine and become a concern in urban landscapes and nurseries. The adult and the larva "skeletonize" leaves by feeding on the leaves between the midrib and larger veins. Plants which have been defoliated for 2-3 consecutive years may be killed. The preferred host is Viburnum opulus and its selections; lesser damage is caused to V lantana and V. rafinesquianum, V dentatum, V acerifolium, and V lentago. Other species, particularly V rhytidophyllum and V. carlesii, are relatively unaffected. The entire life cycle of the viburnum leaf beetle takes about 8-10 weeks. Larvae hatch in early May and feed on the viburnum leaves throughout the larval period, which lasts 4-5 weeks. The larvae pupate in the soil. The adults (4.5-6.5 mm long, brown) appear by mid-July and continue eating the leaves, then mate and lay over -wintering eggs on the twigs. Egg -laying holes are in a straight line on the underside of the current season's growth. Chemical control of the vibumum leaf beetle is best applied to young larvae, because adults will fly away or drop to the ground if disturbed. If over -wintering egg sites are found, affected wood should be pruned and destroyed before the eggs hatch. Examine upper and lower leaf surfaces for feeding larvae. Potential biological control mechanisms are being studied. Cultivars, Improved and Selected Materials (and area of origin) These plant materials are somewhat available from commercial sources. Native plant cultivars with superior fruit and processing characteristics are available (for example: "Andrews," "Halls," ..Hogg's Red," "Manitou," "Phillips," and "Wentworth"). The processed fruit is very similar to cranberry (Vaccinium macrocarpon) and red currant (Ribes rubrum). Contact your local Natural Resources Conservation Service (formerly Soil Conservation Service) office for more information. Look in the phone book under "United States Government." The Natural Resources Conservation Service will be listed under the subheading "Department of Agriculture." References Barton L.V. 1958. Germination and seedling production ofspecies of Viburnum. Pl. Propag. 8:126-136. Donoghue, M. 1980. Flowering times in Viburnum Arnoldia 40:2-22. Hauser, E.J.P. 1965. Characteristics and distribution of Viburnum (Caprifoliaceae) in Georgia. Bull. Ga. Acad. Sci. 23:(11 pages). Hillebrand, G.R. &D.E. Fairbrothers 1969. A serological investigation of intrageneric relationships in Viburnum (Caprifoliaceae), Bull. Toney Bat. Club 96:556-567. Jones, T.H. 1983. A revision of the genus Viburnum sect. Lentago (Caprifoliaceae). Ph.D. diss., North Carolina State Univ., Raleigh. Jones, I?. & N.T. Wheelwright 1987. Seasonal changes in the fruits of Viburnum opulus, a freshly - fruiting temperate -zone shrub. Canad. J. Bot. 65:2291-2296. Kessel, C. 2000. Viburnum leaf beetle, Pyrrhalta viburni (Paykull), in the nursery and landscape. Ontario Ministry of Agriculture, Food and Rural Affairs, Ontario, Canada. Web site. <http://www.gov,on.ca/OMAFRA/english/crops/facts /vlb.htm> Donoghue, M. 1983. A preliminary analysis of Krannitz, P.G. & M.A. Maun 1991. An experimental phylogenetic relationships in Viburnum study offioral display size and reproductive success (Caprifoliaceae s.1.). Syst. Bot. 8:45-58. in Viburnum opulus: importance of grouping. Canad. J. Bot. 69:394-399. Ego)f, D. R. 1962. A cytological study of the genus Viburnum. J. Arnold Arb. 43:132-172. Felter, H.W. & J.U. Lloyd 2000. Viburnum opulus. In King's American Dispensatory. Web site. <http://metalab.unc.eduiherbmed/eclectir-/kings/samb ucus.htrnl> Ferguson, I.K. 1966. The genera of the Caprifoliaceae in the southeastern United States. J. Arnold Arbor. 47:33-59. Finn, C. 1999. Temperate berry crops. Pp. 324-334. IN: J. Janick (ed.), Perspectives on new crops and new uses. ASHS Press, Alexandria, Virginia. <http://www.hoTt.purdue.edu/newcrop/pTuceedingsl9 99/v4-3 24.htm1#cranberry> Friedlander, B.P., Jr. 1999, Voracious viburnum leaf beetle munches into Ithaca area. Cornell Chronicle. <bttp://www.news.cornell.edu/Chronicles/6.17.99/lea f beetle.html> Giersbach J. 1937. Germination and seedling production of species of Viburnum. Contr. Boyce Thompson Inst. Pl. Res. 9:79-90. Krannitz, P.G. & M.A. Maun 1991. Insect visitors to guelder rose, Viburnum opulus var. opulus (Caprifoliaceae) in London, Ontario. Canad. Field - Naturalist 105:13-17. Lubbock J. 189 1. On the form of the leaf of Viburnum opulus and V lantana. J. Linn. Soc. Bot. 28:244-247. McAtee, W.L. 1956. A review of the Nearctic Viburnum. Published by the author, Chapel Hill, North Carolina. Pixler, VA. 1950. The Caprifoliaceae of West Virginia. Castanea 15:80-91. St -Pierre, R. 1995. The highbush cranberry - A multipurpose shrub. Internet publication. <http://www.google.con/search?q=cache:www.ag.us ask.ca/cofa/departments/hort/hortin fo/fruiticranbery.h tml -viburnum+tril obum&hl=en> Voss, E.G. 1996. Viburnum, Pp. 309-315. IN: Michigan Flora, Part 111. Cranbrook Institute of Science Bull. 61. Prepared By Guy Nesom Formerly BONAP, North Carolina Botanical Garden, University of North Carolina, Chapel Hill, North Carolina Species Coordinator M, Kat Anderson USDA, NRCS, National Plant Data Center c/o Plant Sciences Department, University of California, Davis, California Revised: 29jan03 jsp; 060818 jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<hh ://nlants.usda.eov> or the Plant Materials Program Web site <htt ://Plant-Materials.nres.usda.yov> The US. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race. color, national origin, sex, religion, age, disability, political beliefs., sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc) should contact USDA's TARGET Center at 201-710-2600 (voice and TDD). To file a complaint ofdiscrimination write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW Washington, DC 20250-9410 or call 202-710-5964 (voice or TDD). USDA is an equal opportunity provider and employer. Read about Civil Rights at thg Natural Resources Convervat{gn Service. usDA i i " 4,.v N K S U nitEd States Department of Agrieaitare Natural Resources £onsenVion Service Plant Fact Sheet COMMON WINTERBERRY Ilex verticillata (L.) Gray Plant Symbol = ILVE Contributed by: USDA NRCS Plant Materials Program Robert K. Mohienbmck USDA NRCS 1989 Midwestem Wedand Flora @ USDA NRCS PLAINS Warning: Although this shrub species is a good provider of wildlife food, its fruits are poisonous to humans. Uses The attractive bright red fruit of winterberry is eaten by small mammals and more than 48 species of birds. The leaves and stems of winterberry are not a preferred source of browse, but moose, whitetail deer, cottontail rabbits, and snowshoe hare do utilize this plant. The persistent bright red fruit of this shrub make it very popular for landscaping. It is recommended for planting in shady moist areas, even though its growth and form are best under open grown conditions_ Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status (e.g. threatened or endangered species, state noxious status, and wetland indicator values). Description Winterberry is an erect moderate sized shrub, growing to heights of 5 to 15 feet tall. The smooth bark of winterberry is gray to blackish, with knobby lenticels The dense branches of this shrub grow in a zigzag pattern with an upright spreading crown. The twigs are slender, with gray to gray -brown color and small buds. The simple, smooth, obovate to oblong -ovate foliage is sharply double toothed, with medium fine texture. The deciduous leaves are arranged alternately along the stems. Each leaf is 1 1/2 to 4 inches long, with dark green summer color turning yellow in fall, then drop off by mid-October. Small, inconspicuous, axillary, greenish to yellowish - white flowers bloom from April to July, after leaves have emerged. Like most others in the holly genus, winterberry is dioecious. Three years after planting, pistillate flowers begin to emerge in small clusters plants and staminate flowers develop on male plants with up to twelve flowers in a cluster, only now can plant gender be determined. Scarlet red to orange, globular fruit mature by late summer, often remaining on the plant into mid -winter. The berry- like fruit is about 1/4 inch in diameter, occurring singlely or in pairs, each containing 3 to 5 small nutlets. There are an average of 42,000 seeds per pound. Adaptation and Distribution Winterberry is found throughout the eastern United States. For a current distribution map, please consult the Plant Profile page for this species on the PLANTS Website. Establishment Planting units of winterberry are propagated by seed, rooted stem divisions, and stem cuttings alike. The germination is usually hindered by hard seed coats and embryo dormancy. Utilizing proper after ripening and cold moist stratification procedures, germination can be stimulated. Seed should be covered with at least 1/8 to 1/2 inch of soil on nursery beds. Fall seedings should be mulched for winter protection. When seedlings are acquired, the sex of the plant is typically indeterminable, in contrast to those propagated vegetatively. In late fall root suckers can be directly dug and transplanted, while actively Plant Materials <bttpJ/plant-materials.nres.usda.gov/> Plant Fact Sheet/Guide Coordination Page <http://plant-materials.nres.usda.gov/intranet/pfs.html> National Plant Data Center <http://npdc.usda.gov> growing softwood cuttings are taken from late spring to mid -summer. The cuttings are first placed under glass or plastic, but once roots form and begin to grow, they can be transplanted into containers or nursery beds for further development. Utilize standard tree and shrub planting procedures to plant bare rooted transplants, containerized, or balled and burlapped stock. Management It is important to plant both male and females within 40 feet of one another for adequate pollination. For wildlife plantings, it is advantageous to plant higher numbers of females. Weed control by mowing or chemical application is necessary to keep competing vegetation from over -topping winterberries. Cultivars, Improved, and Selected Materials (and area of origin) There are a number of ornamental varieties, selected for berry and leaf color, available from commercial nurseries. Local and regionally collected materials are available from native plant nurseries. Prepared By & Species Coordinator: USDA NRCS Northeast Plant Materials Program Edited: 05Feb2002JLK; 050801 jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<htto://olants.usda.=> or the Plant Materials Program Web site <ht�pE ://Plant-Materials.nres.usda_.gpv> The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs) Persons with disabilities who require alternative means for communication of program information (Braille. large print, audiotape, etc) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, loth and Independence Avenue, SW, Washington, DC 20250-9410 or call 201-720-5964 (voice or TDD). USDA is an equal opportunity provider and employer. Read about Civil Rights at the Natural Resources Convervation Serviee. USPA aiim v0or N RCS United States Department of P. jricw1wre AJawral Resou,c€s Conservation Service REDOSIER DOGWOOD Cornus sericea L. Plant Symbol = COSE 16 Contributed By: USDA NRCS National Plant Data Center & Carlinville (IL) Field Office Robert H. Mohlenbrook USDA, NRCS, Wetland Science Institute @ PLANTS Alternative Names American dogwood, red willow, redstem dogwood, Cornus sericea ssp. sericea; Cornus stolonifera var. nevadensis Jepson and Cornus stolonifera Michaux (Hickman 1993). A subspecies, Cornus sericia spp. occidentalis (Torr. & Gray) Fosberg is known as western dogwood. Uses Ethnobotanic: Native Americans smoke the inner bark of redosier dogwood in tobacco mixtures used in the sacred pipe ceremony. Dreamcatchers, originating with the Potawotami, are made with the stems of the sacred redosier dogwood. Some tribes ate the white, sour berries, while others used the branches for arrow -making, stakes, or other tools. In California, peeled twigs were used as toothbrushes for their whitening effect on teeth (Shrike 1994). Bows and arrows were made from Cornus shoots. The inner bark is used for tanning or drying animal hides. The Apache, Cheyenne, Dakota, Montana Indians, Ojibwa, Potawatomi, Omaha, Ponca, and Thompson Indians all use the inner bark in a tobacco mixture for Plant Guide smoking the sacred pipe (Moerman 1986). The :eaves and/or inner bark of redosier dogwood are also used as a smoking mixture by the Okanagan -Colville, the Flathead, the Kootenay, and the Blackfeet peoples in the western United States and Canada (Hellson 1974, Hart 1976, Turner 1978, Turner et al. 1980, Johnston 1987). The Navaho-Kayentaf and Navaho- Ramah used the plant ceremonially as a Mountain- top -way emetic (Moerman 1986). An infusion of redosier dogwood bark was used as an anti -diarrhea] by the Chippewa and the Potawatomi, an antidote for weak kidneys by the Shuswap, and a pediatric aid for children who wet the bed by the Shuswap. The Chippewa used an infusion of the bark for eruptions caused by poison ivy. The Chippewa and the Micmac used a decoction of redosier dogwood root for sore eyes and catarrh. The Okanagan and the Thompson Indians took a decoction of the leaves. Other remedies treated by redosier dogwood included headaches, sore throats, a wash for ulcers, a substitute for "larb", and a decoction of bark was taken as an antidote for weakness. The Maidu of Northern California used redosier dogwood as a tonic, a laxative, emetic, and cathartic (Strike 1994). Maidu women took a dogwood decoction after childbirth. The Indians of the Missouri region (Densmore 1974) ate the fruits. The berries are known to be tart and bitter, but were nonetheless eaten by all of the southern Interior peoples of British Columbia, including the NIaka'pamux, Lillooet, Okanagan - Colville, Shuswap, Kootenay, Blackfeet, and the Flathead of Alberta and Montana (Kuhnlein and Turner 1991). The fruits were gathered from August to October and eaten fresh, a few at a time, or, more commonly, were pounded and mixed with other fruits, such as chokecherries (Prunus virginiana) or Saskatoon (Amelanchier almifolia). Some people mashed the berries and dried them in cakes; others dried and stored them. Eating a few raw fruits was considered to be a good tonic among the Nlaka'pamux and the Okanagan -Colville, who ate them raw as a kind of "relish" (Turner 1978; Turner et al. 1990). Redosier dogwood is used for basketweaving. Sometimes called red willow, both Salix species and Cornus sericea are used interchangeably. Differences in stem color create a multi -hued design Plant Materials <http://plant-materials.nres,usda.gov/> Plant Fact Sheet/Guide Coordination Page <http://plant-materials.nres.usda.gov/intranet/pfs.htm,> National Plant Data Center <http://npdc.usda.gov> element. Indian people from the mid -Columbia River used redosier dogwood to make "ribbons" for basket decorations (Schlick 1994). If gathered in the early spring, the bark will retain its deep red color when dried and could be mistaken for cherry. The Hidatsa, Arikara, and Mandan made twill plaited burden baskets with two -toned dark and light designs; these baskets were made of willow (Salix nigra), redosier dogwood, and boxelder (Acer negundo) splints (Tumbaugh et al. 1986, Hart 1976). Willow and redosier dogwood were used by the Cheyenne, Arapaho, Kiowa, Pawnee, and Teton Sioux to make a coarsely coiled gambling basket for dice. The Ojibwa and the Chippewa used redosier dogwood bark as a dye. The inner bark was mixed with other plants or minerals and used to make a red dye, a light red dye, a black dye, and an ecru or "khaki" colored dye (Densmore 1974). Wildlife: The fleshy fruits of dogwoods are very valuable to wildlife, particularly in the Northeast (Martin et al. 1951). The fruit ripens in late summer, and besides being available through the fall, some of the berries may persist on the plants into the winter months. Wildlife browse the twigs, foliage, and fruits. Birds known to eat the fruit include: wood ducks, eastern bluebirds, cardinals, catbirds, long- tailed chats, crows, purple finches, yellow -shafted flickers, crested flycatchers, grosbeaks, kingbirds, American magpies, mockingbirds, crested mynah birds, orioles, robins, yellow -bellied sapsuckers, European starlings, tree swallows, scarlet tanagers, brown thrashers, thrushes, vireos, pine warblers, cedar waxwings, and woodpeckers. Game birds who eat both the fruits and buds include grouse, ring- necked pheasants, band -tailed pigeons, greater prairie chickens, bobwhite quail, and wild turkeys. The shrubs provide excellent nesting habitat for songbirds. Mammals that eat the fruit and foliage include black bear, beaver, mountain beaver, cottontail rabbits, raccoons, eastern skunks, squirrels, chipmunks, mice, and rats. Deer, elk, Mountain goat, and moose browse the twigs and foliage. Landscaping & ornamental: Redosier dogwood is often planted as an ornamental, both to beautify the landscape and to attract birds, Dogwood is often used for landscaping and as a secondary plant in windbreaks. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's current status, such as, state noxious status, and wetland indicator values. Description General: Dogwood Family (Cornaceae). Redosier dogwood is a woody deciduous shrub generally 1.4-6 in (4.6-20 ft) tall. The bark and twigs are reddish to purple and fairly smooth from autumn to late spring; after the leaves have fallen, the deep burgundy branches add color to the winter landscape. The bark, twigs, and leaves are bright green in spring through summer. The simple, opposite leaves are 5- 10 cm (2-4 in) long, dark green above and hairy and lighter -colored below, with smooth margins, rounded bases, pointed tips, and falsely parallel veins. Flowering occurs from June to August. The inflorescence is a cyme, with 2-3 mm (0.08-0.12 in) white to cream -colored flowers. The white berries are smooth on the faces, furrowed on the sides. Distribution For current distribution, please consult the Plant Profile page for this species on the PLANTS Web site. Redosier dogwood has a wide distribution from California north to Alaska and throughout the country to the eastern United States south to Mexico. It generally grows at elevations below 2500 in. Establishment Adaptation: Redosier dogwood grows in soils that are saturated for at least a portion of the growing season. Redosier dogwood is common on the edges of lakes, ponds, within wetlands, and along streams. Not as tolerant of long-term root saturation as are some other shrubs, dogwood seems to prefer wetland margins where soils are nitrogen -rich, saturated, and shallowly inundated in the spring, and may be completely dry by late summer. It is tolerant of fluctuating water tables. The "osier" in redosier dogwood is derived from French, meaning "willow- like"; it is often called red willow because of its red stems. Propagation from cuttings: Redosiet dogwood can be started easily by division, french layering, and hardwood cuttings. To propagate suckers by division: • Lift a root with suckers on it without disturbing the parent plant. Check that there are fibrous roots at the base of the suckers. • Remove the suckering roots by cutting it off close to the parent plant. Firm the soil around the parent plant. • Cut the main root back to the fibrous roots, then divide the suckers so that each has its own roots. Cutback the top -growth by about half. Treat each sucker or hardwood cutting at the base with IBA at 20,000 ppm liquid formulation to promote rooting. Alternatively, treatment with 2 percent IBA talc; this will promote rooting on both suckers and stem cuttings. • Replant the suckers in open ground in prepared holes with good potting soil. Firm the soil around the suckers and water. • Before growth starts in the spring, lift the plant. Break the clump into sections, retaining those with vigorous shoots and well-developed roots. = Prune any damaged roots, and cut back the top - growth by one-third to a half to reduce water loss. Replant the divisions in the open and water in dry weather. • Ultimately, simply lift a suckering root, sever it from the parent plant, and then replant it in the open. To ensure survival of cuttings or suckers through the following winter in cold climates, the potted cuttings should be kept in heated cold frames or poly -houses to hold the temperature between 0-7°C (32-45'F). Rooted cuttings that had shoot growth in the fall, but were not given nitrogen, had the best over -winter survival in a cold frame with microfoam. French layering: Layering is a method where a stem is encouraged to develop roots before being removed from the parent plant. In spring, plant a rooted layer or young plant, label it, and grow it for a season. Then, in the dormant season, cut back the stem to within 3 inches (8 cm) of the ground. • In the following spring, apply a balanced fertilizer at the rate of 24-ozlsq yd (60-110 g/sq m). Space the sterns evenly again; dropping each into a 2 -inch (5 -cm) deep trench. Peg down each stem and cover with soil, leaving the shoot tips exposed. Hill up all but 2-3 inches (5-8 cm) of the new shoots as they develop, until the mound is 6 inches (15 cm) high. Water as needed. • After leaf fall, carefully fork away the soil from around the new shoots until the stems that were laid horizontally are exposed. Cut these flush with the basal area of the stems. Then cut the stems to separate the rooted sections. Pot these or plant them out in the open garden, and label them. The same redosier dogwood basal area may be used to propagate further layers. .Propagation by seed: Redosier dogwood is established easily from seed. The best germination is obtained if the seeds are gathered as soon as the fruit starts to color or ripen, from August to October. If the seeds are allowed to dry out, it is best to remove seeds from the fruit and soak in water. The best results are obtained from fall sowing of freshly harvested seeds. Fruits collected too late to sow in the fall should be stored, pre -chilled until the next season, and sown outdoors the following fall. To effectively condition the seed for germination, store for two months in moist sand at 5°C for 90 days. After pre -chilling, expose the seeds to fluctuating temperatures from 12172°C for 10 days (Young and Young 1992). With some species, the warm stratification period may be rep] aced by mechanical scarification or soaking in sulfuric acid. Seeds sown in nursery beds should be covered with 0.25-0.5 in (0.6-1.25 cm) of soil. tall -sown beds should be mulched during the winter. Management Redosier dogwood is often coppiced in late fall after the leaves turn brown and fall off the stem. Cut all stems to approximately 2-3 in (5-8 cm) from the base before growth begins in spring. Apply fertilizer around the shrub to promote new growth, then apply mulch around the base. Coppicing stimulates the growth of new, vigorous stems whose deep burgundy color is especially vivid. Traditional resource management: Redosier dogwood was traditionally tended by pruning or burning to produce long straight stems. • Often basket weavers will prune many redosier dogwood stems, sometimes replanting the stems, so there will be nice straight basketry material the following year. • Before gathering, offerings of thanks and prayers for permission to gather are given. Often tobacco or sage or other offerings are given before beginning to gather. • Basket weavers process materials with their hands and mouths. Herbicides sprayed along streams have a much higher health risk for humans when they are processed and used for traditional materials. Overgrazing, especially by livestock and big game, frequently changes plant species composition and growth form, density of stands, vigor, seed production of plants, and insect production. Livestock grazing can cause the replacement of bird and mammal species requiring the vertical vegetation structure of riparian habitat to species, which are ubiquitous in their habitat preferences. Previous heavy cattle grazing changed the bird and small mammal community composition in riparian areas through reduction of shrub and herbaceous cover. Cultivars, Improved and Selected Materials (and area of origin) Cultivars: `Alman's Compacta', `Allamans', `Bailey', `Cardinal', `Coloradensis', `Flaviromea', `Isanti', `Kelseyi', `Lutea', `Ruby', `Silver' and `Gold', and `White Gold' have been planted in the growing range of redosier dogwood. Consult your local nurseries to choose the right cultivar for your specific landscape. References Beichel, C., E. McDonald, & T. Cole (eds.) 1993. Encyclopedia ofgardening. Dorling Kindersley. London, New York, Stuttgart. 648 pp. Densmore, F. 1974. How Indians use wild plants for food, medicine, and crafts. Dover Publications, Inc. New York, New York. 397 pp. Farley, G.H., L.M. Ellis, J.N. Stuart, & N.J. Scott, Jr. 1994. Avian species richness in different -aged stands of riparian forest along the middle Rio Grande, New Mexico. Conservation Biology 8: 1098-1108. Fieishner, T.L. 1994. Ecological costs of livestock grazing in western North America. Conservation Biology 8: 629-644. Gilmore, M. 1977, Uses of the plants by the Indians of the Missouri River Region. University of Nebraska Press, Lincoln, Nebraska. Grinnel, G.B. 1962. The Cheyenne Indians. 2 vols. Cooper Square Publishers. New York, New York. Hart, J.A. 1976. Montana: native plants and early peoples. Montana Historical Society, Helena, Montana. Hartmann, H. T., D. E. Kester, & F. T. Davies, Jr. 1990. Plant propagation principles and practices. Prentice Hall, Englewood Cliffs, New Jersey. 647 pp- Hellson, J.C. 1974. Ethnobotany of the Blackfeet Indians. National Museum of Man, Mercury Series, Canadian Ethnology Service Paper No. 19. Hutchens, A.R. 1991. Indian herbalogy of North America, Shambhala, Boston and London. pp. 113- 117. Isaacson, R. T. 1993. Anderson horticultural library's source list ofplants and seeds. Anderson Horticultural Library. University of Minnesota Libraries. Minnesota Landscape Arboretum. 261 pp. Johnston, A. 1970. Blackfeet Indian utilization of the flora of the northwestern Great Plains. Economic Botany 24:301-24. Kinscher, K. 1992. Medicinal wild plants of the prairie. An ethnobotanical guide. University Press of Kansas. pp. 84-94. Kunlein, H.V. & N. J. Turner 1991. Traditional plant foods of Canadian indigenous peoples. Nutrition, botany, and use. Food and Nutrition in History and Anthropology Volume 8. Gordon and Breach Science Publishers. 632 pp. Martin, A.C., H. S. Zim, & A.L. Nelson 1951. American wildlife and plants. A guide to wildlife food habits. Dover Publications, Inc. New York, New York. 500 pp. M`Clintock, W. 1909. Materia medica of the Blackfeet. Zeitschrift fur Ethnologic: 273-279. M`Gregor, R.L. T.M. Barkley, R.E. Brooks, E.K. Schofield (eds.) 1991. Flora of the Great Plains. University Press of Kansas. 1402 pp. M`Gregor, R.L. 1968. The taxonomy ofthe genus Echinacea (Compositae). University of Kansas Science Bulletin 48(4): 113-142. Moerman, D.E. 1986. Medicinal plants of native America. Research reports in ethnobotany, Contribution 2. University of Michigan Museum of Anthropology. Technical Reports, Number 19. Ann Arbor, Michigan. pp. 156-158. Schlick, M.D. 1994. Columbia River Basketry. Gift of the ancestors, gift of the earth. A Samuel and Althea Strowm Book. University of Washington Press, Seattle and London. 232 pp. Smith, H.H. 1928. Ethnobotany of the Meskwaki Indians. Bulletin of the Public Museum of the City of Milwaukee 4(2):175-326. Stephens, H.A. 1973. Woody plants of the North Central Plains. The University Press of Kansas. 530 pp, Stevens, L.E., B.T. Brown, J.M. Simpson, & R.R. Johnson 1977. The importance ofriparian habitat to migrating birds. pp. 156-164. In: Johnson, R.R. & D.A. Jones (tech. coords.). Importance, preservation and management of riparian habitat a symposium USDA Forest Service Gen. Tech. Report RM -43. Rocky Mountain Forest and Range Experiment Station, Fort Collins, Colorado. 217 pp. Strike, S. S. 1994. Ethnobotany of the California Indians. Koeltz Scientific Books. USA/Germany. 210 pp. Turner, N.J. 1978. Food plant of British Columbia Indians. Part II. Interior Peoples. B.C. Provincial Museum Handbook No. 36, Victoria, B.C., Canada. Turner, N.J., L.C. Thompson, M.T. Thompson & A.Z. York 1990. Thompson ethnobotany: Knowledge and usage of plants by the Thompson Indians of British Columbia. Royal British Columbia Museum Memoirs No. 3, Victoria, B.C., Canada. Turner, N.J., R. Bouchard, & D.I.D. Kennedy 1980. Ethnobotany of the Okanagan -Colville Indians of British Columbia and Washington. B.C. Provincial Museum Occasional Paper No. 21. 179 pp. Tumbaugh, S.P., & W.A. Tumbaugh 1986. Indian baskets. Schiffer Publishing Ltd., West Chester, Pennsylvania. 260 pp. Young, A.J. & C.G. Young 1992. Seeds of woody plants in North America. Dioscorides Press, Portland, Oregon. USDA, NRCS 2000. The PLANTS database. Version: 000328. <http://plants.usda.gov>. National Plant Data Center, Baton Rouge, Louisiana. Prepared By Michelle Stevens, Formerly USDA NRCS National Plant Data Center Ivan Dozier, USDA NRCS, Carlinville, Illinois Species Coordinator M. Kat Anderson, USDA NRCS National Plant Data Center, c/o Plant Science Department, University of California, Davis, California Edited: 19jun02 jsp; 01may03 ahv; 24mayo6jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<http:llplants.usda. oovv> or the Plant Materials Program Web site <hhtt :I/Plant-Materials.nres.usda.eov> The U.S. Department of Agriculture (USDA[) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apple= to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TAD). To file a complaint of discrimination write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 141h and Independence Avenue, SW, Washington, DC 20250-9410 or call 202-710-5964 (voice or TDD). USDA is an equal opportunity provider and employer. Read about Civil Rights at the Natural Resources Convervation Service. USDA 4., N RCS United States Department of Agriculture Natural Resources Conservation Service BLACK CHOKEBERRY Aronia melanocarpa (Michx.) Ell. Plant Symbol = ARME6 Contributed by: USDA NRCS Bismarck Plant Materials Center USDA NRCS Plant Materials Center Bismarck, North Dakota Alternate Names Aronia, Pyrus melanocarpa. Photinia melanocarpa. Uses Landscaping: Black chokeberry is a deciduous, cold - hardy shrub useful in landscape plantings, showing white flowers in the spring and colorful red foliage and heavy, dark fruit in the fall. Wildlife: Plants are browsed by white-tailed deer and rabbits. The fruit are eaten by ruffed grouse, sharp - tailed grouse and prairie chickens. Economic: Aronia berries can be canned whole or the juice extracted for jelly making, as well as healthful fruit drinks. The juice contains high levels of anthocyanins (source of red color) and flavonoids. The strong, stable natural color is useful in the food industry. This plant is extensively grown in Europe, where yields of up to 38 pounds of fruit per bush have been reported. Status Please consult the PLANTS Web site and your State Department of Natural Resources for this plant's Plant Guide current status (e.g. threatened or endangered species, state noxious status, and wetland indicator values). Description General: A member of the Rose family, black chokeberry is a deciduous shrub which can grow to a height of 3 to 6 feet tall. The fine-toothed leaves are medium green and hairless, with raised glands along the top of the midrib. In spring, the white bisexual flowers form clusters that are 2 to 2 % inches across. The primary pollinators are small bees. As the seasons progress, the trees turn a deep glossy green. In mid to late summer the fruit begins to form. As the pea-sized fruit ripens, it darkens to a purplish - black color. The fruit are pomes which will begin to drop from the plants shortly after ripening. The fruits are quite juicy, but will begin to shrivel up after ripening. The juice and seeds are deep purple in color. There are I to 5 small seeds per pome. Distribution: Black chokeberry is native to the Great Lakes region and the Northeastern U.S., with a southerly extension into the higher elevations of the Appalachian Mountains. It is hardy to zone 3. For current distribution, please consult the Plant Profile page for this species on the PLANTS Web site. Habitat: Moist woods, but also occurs in drier thickets or clearings on bluffs or cliffs. Adaptation The black chokeberry grows well in full sunlight, but is moderately tolerant of shade. The best growth and fruit production occurs on low moist but well -drained sites, in full sun. It is not drought -tolerant. New shoots will grow up around established plants, filling in the space between plants like a hedgerow. Some of these shoots are the result of layering. Establishment Nursery grown seedlings establish readily if planted free of competing vegetation, in locations having 15 inches or more of annual precipitation. Bareroot seedlings should be planted in the spring, once the threat of frost is over. Containerized stock may be planted from spring to the middle of summer, if there is adequate moisture. The optimum spacing is 4 to 6 feet between plants. If plants are to be used for fruit production, I0 -foot spacing gives more room and light to each plant. Plant Materials <http://plant-materials.nres.usda.gov/> Plant Fact Sheet/Guide Coordination Page <http//plant-materials.nres.usda.gov/intranetlpfs.html> National Plant Data Center <http://npdc.usda.gov> Management Control of invading weeds and grasses is important. Shallow cultivation works best. Cultivation can also be used to stop the spread of shoots and suckers, if that is a concern. Some references report frequent suckering. Very little if any suckering has been noticed on chokeberry in windbreaks in the Nor -them Plains. Thinning of older stems is recommended every few years. Pests and Potential Problems Black chokeberry appears to have very few disease and pest problems. Mildew can become a problem when plants do not receive adequate sunlight and air circulation. Seeds and Plant Production Reproduction is primarily by seed. The seeds are small, being slightly more than 1116 inch long. There are about 276,000 seeds per pound, and about 100 pounds of fruit is needed to produce a pound of seed. Once the fruit is harvested in the fall, it should be cleaned. For small amounts of fruit, a kitchen blender can be used to macerate the fruit. For larger amounts of fruit, a commercial macerator similar to a Dybvig® macerator does a good job of crushing the fruit. Quite a bit of pulp can be removed by floating it off After the seed and remaining pulp have been thoroughly dried, hand screens or a fanning mill can be used to separate the seed from the remaining dried pulp. Cbokeberry seeds have an internal dormancy that can be overcome by being stratified in moist peat for three months between 33°F and 41°F. For nursery scale production of seedlings, it is recommended that the seed be sown in September. The best germination occurs from seed that has been cleaned. Poor germination results from seed that has not been separated from the pulp. Cultivars, Improved, and Selected Materials (and area of origin) At the present time there are no commercial varieties available for conservation plantings. Conservation grade stock is available from some conservation nurseries in the upper Midwest. Though black chokeberry is native to eastern North America, it has been planted extensively in Europe and Asia. In Russia, Denmark and eastern Europe the fruit is widely used for juice and wine production. The Europeans have developed several varieties which are now available in the U.S. from commercial nurseries. `Viking' is a vigorous, productive variety from Scandinavia, which can grow to a height of six feet. `Nero' is a shorter growing variety, reaching a height of 3 to 4 feet, with dark blue berries. In the U.S., a selection from a native source in Michigan is being sold as `Morton' black chokeberry. It is marketed in the Midwest under the trademark Iroquois BeautyTM. Contact your local Natural Resources Conservation Service (formerly Soil Conservation Service) office for more information. Look in the phone book under "United States Government." The Natural Resources Conservation Service will be listed under the subheading "Department of Agriculture." References Gill, J.D., F.L. Pogge and F.T. Bonner. Aronia Medik. In: Woody Plant Seed Manual aLtip://ntsl.fs.fed.us/Nvpsm/) [online: cited 1 March 2005] Hardin., J.W. 1973. The enigmatic chokeberries. Bull. Torr Club 100:178-184 Morgenson, G. 2005. Personal communication. Lincoln -Oakes Nursery, Bismarck. Petrides, G.A. 1958. Afield guide to trees and shrubs. The Riverside Press, Cambridge. Smith, D. and C. Ringenberg. Aronia berries (hg isl/ianrpubs.unl.eduffoodsinf581.htm) [online: cited 4 November 2004]. Nebraska Cooperative Extension. NF03-581, Van Dersal, W.R. 1938. Native woody plants of the United States. Miscellaneous publication No. 303. United States Department of Agriculture, Washington. Prepared By & Species Coordinator: Michael Knudson USDA NRCS Plant Materials Center, Bismarck, ND Edited: 04Maf2005 MIK; 06Apr2005 RLN; 060802 jsp For more information about this and other plants, please contact your local NRCS field office or Conservation District, and visit the PLANTS Web site<http://Plants.usda.¢ov> or the Plant Materials Program Web site <httptt J/Pl_ant-Materials.nres.usda.gov> The U.S Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20150-9410 or call 202-720-5964 (voice or TDD). USDA is an equal opportunity provider and employer. Read about Civil Rights at the Natural Resources Convervation Service. Diervilla lonicera Mill. northern hush honeysuckle Symbol: DILO Group: Dicot Family: Caprifoliaceae Duration: Perennial Growth Shrub Habit: Native L48 N Status: CAN N SPM N Images: Diervilla lonicera Mill. Click on the image below to enlarge it and download a high-resolution -CFF Me. Diervilla diervilla Britton, N.L., and A. Brown. 1913. An illustrated flora of the northern United States, Canada and the British Possessions. Vol. 3: 283. Courtesy of Kentucky Native Plant Society. Scanned by Omnitek Inc. Usage Rea u irem ents. See all the Diervilla thumbnails at the PLANTS Gallery Synonyms: Diervilla lonicera Mill, DIDI12 Diervilla diervilla (L.) MacMill. DILOH Diervilla lonicera Mill. var. hypomalaca Fernald Distribution: Diervilla lonicera Mill. More information: Characteristics Classification Data Source and Documentation PLANTS View Native Status © Present Absent See U.S. county distributions (when available) by clicking on the map or the linked states below: USA (AL, CT, DE, GA, IA, IL, IN, MA, MD, ME, MI, MN, NC, ND, NH, NJ, NY, OH, PA, Ri, TN, VA, VT, WI, WV), CAN (LB, MB, NB, NF, NS, ON, PE, QC, SK), FRA (SPM) Related Taxa: Diervilla lonicera Mill. View 11 genera in Caprifoliaceae, 3 species in Diervilla Classification: Diervilla lonicera Mill. Click on a scientific name below to expand it in the PLANTS Classification Report. Kingdom Plantae - Plants Subkingdom Tracheoblonta - Vascular plants Superdivision Spermatophyta - Seed plants Division Magnollophyta - Flowering plants Class Magnollopsida Dicotyledons Subclass Asteridae order Dipsacales Family Caprifoliaceae - Honeysuckle family Genus Diervilla Mill. - bush honeysuckle Species Diervilla lonicera Mill. - northern bush honeysuckle Threatened and Endangered Information: Diervilla lonicera Mill. This plant is listed by the U,S. federal government or a state. Common names are from state and federal lists. Click on a place name to get a complete protected plant list for that location. Indiana: northern bush -honeysuckle Rare Tennessee: northern bush -honeysuckle Threatened Shortgrass Woods Edge Savanna Seed Mix SWE click image(s) below s_o view larger For Mesic to Dry Mesic Soils The species in this mix will do well in a mix or sun and shade that is a savanna. Wooded edges and opening in the woods will work for these shorter species. Soil moisture should be on the mid to dry side. A few of the many species shown in this photo are Purple Coneflower and Cream Gentian. All mixes are subject to change without notice depending on availability of species. Seeding Rate: 10.51 lbs / acre 92 seeds / sq ft (Add a Seed Mix Enhancement for that extra splash of color; prices start at just $7.) Forbs (52.10%) Fortis (continued) Grasses (47.90%) Species Name % Species Name % Species Name % Tall Thimbleweed 1:Z9-:' Wood: Betony 1.29 Little Bluestein '5� 18 Crooked -stemmed Aster 0.65 Foxglove Beardtongue 0.89 Prairie Brome 7.77 Short's .Aster -' 0.65. Soloinori's Seal. 3:$0 -Plains'Oval.Sedge . 2.59k.: Hairy Wood Mint 1.04 Hairy Mountain Mint 0.78 Beak Grass 15.54 t., 1.29 Tall Bellftowe - Black ey�d'Sus n 2.38; Silky wild R.yi 10.43 Harebell 0.06 Brown -eyed Susan 1.78 Sottle;brush,Grass: 6.40, M:]dlan Sho.otm,g Stat'': 0.52 Early 1.29: Purple Coneflower 2.59 Starry Campion 1.29 Cream` Gentian' 0.65 Solomon, s �Plu.rre 6:4.7 Stiff Gentian 0.78 Yellow Pimpernel 0.65 False13oneset 1:29 Meadow Parsnip 1..29. Sweet Cicely 16.18 Golden; Alexanders `... 3:1:011 DID YOU KNOW...? Establishina a native Want community from seed can take3 nears or more YEAR 1: SITE PREPARATION AND SEEDING YEAR • Many areas will need 1 growing season (spring -fall) for site preparation, an exception may be an area with [awn grass. Remove existing grass/weeds AND the weed seed bank in the soil by using herbicides or other methods you determine to be best. Sowing the seed: We are an advocate for fall or frost plantings (mid -Oct or after). Spring plantings (April -June) are an acceptable second choice. You should not plant in the summer. (Click here for "Pros and Cons to Fall vs. Spring Plantings"), YEAR 2: FIRST GROWING SEASON * Most sites need maintenance mowings to keep weeds from going to seed and to allow light to penetrate the ground encouraging growth of the majority of the slow-growing natives. You may get some blooms this year, most likely the Black-eyed Susan, but you must sacrifice those beautiful flowers if you want the other species to establish! Keep the area cut to 4-6" this year. Don't pull the weeds! This will disturb the root systems of the nearby natives trying to establish. YEAR 3: SECOND GROWING SEASON • This may or may not be the year you start enjoying the fruits of your labor. You may need to mow once yet this year. Be patient - although some species may reach flowering stages in year 3, many could take 5 years or more. For more information on 'Establishing a Native Plant Community', read the excerpt from our catalog.... Details Catalog Number SWE Price: Quantity Price Seed prices Quantity: Pricing: Order: 500 sq. ft. $33.00 0 seed mix 1,.010.0 sq. ft $55 ©1]`. - o F7 seed.mix 1/8 acre seed $242.00 mix 1/4 acre seed Q mix,. ix , 1/2acre seed $96500 F mix acre seed $1929.00 mix . Add to cart Add to wish list Send to friend Your name: Your e-mail: Recipient's e-mail: Send to friend Companion Plants and Products See details Tallgrass Woods Edge Savanna Seed Mix Seed prices Quantity: Pricing: 500 sq. ft. seed mix $23.00 1,000sq:'ft: seed mix $3S 0D. 1/S acre seed smix ....... 7 i $13.00. ... .... ...... . 1/4 acre"seed mix $274.00- '1/2 acre seed mix $548.00 1 acre seed mix °$.1096104 For Wet Mesic to Dry Mesic Soils This savanna mix will do well with some sun and partial shade. As with all our mixes, there will be blooms all season. Being a tall mix, majestic species will compete well with weedy vegetation. Mixed Height Prairie Seed Mix MDM click image(s) bclow o view large to For Dry Mesic Soils Short, medium, and tall wildflowers & grasses are included in this native seed mix for a site a little on the dry side. A colorful choice that's bound to please including (in the corresponding photos) Pale Purple Conefiower, Sweet Black-eyed Susan, Hoary Vervain, Rattlesnake Master, Purple Prairie Clover, and Wild Quinine. All mixes are subject to change without notice depending on availability of species. Seeding Rate: 12.79 lbs / acre 86 seeds / sq ft (Acid a Seed Mix Enhancement for that extra splash of color; prices start at just $7.) Forbs 47.14(%) Species Name % Prairie Sage 0.49 Butterfly Weed 4.26 Sky Blue -Aster "0:98 White Wild Indigo 2.13 Prairie Coreops:s , 1.47 Pale Purple Coneflower 7.82 Rattlesnake Master 3.14' Stiff Gentian 0.21 Earp Sunflower 0.98 Round -headed Bush 2,13 Clover Button B182t+ng .Star 2."13 Wild Bergamot 0.73 Wild' Quinine.: Forbs (continued) Species Name % Foxglove Beardtonglbe 4:22. Purple Prairie Clover 2.44 Yellow'Coneflower:: "0:98 Black-eyed Susan 2.55 Sweet Black ejied.; Susan 0:73 Brown -eyed Susan 0.98 Wild Petunia 1.47 Compass Plant 0.98 Stiff Go_ Idenrod 0.64 Showy Goldenrod 0.59 :Ohio Spiderwort ..3.42 Hoary Vervain 1.47 Grasses (52.86%) Species Name % Big Bluestein 2.12 - Little Bluestem 15.63 Side -oats Grama 12.77 Prairie Brome 7.45 Plains Oval:S,edge 5.31 Canada Wild Rye 5.32 Tndran'Grass 4.26 DID YOU KNOW...? Establishing a native plant community from seed can take 3 years or more YEAR 1: SITE PREPARATION AND SEEDING YEAR. • Many areas will need 1 growing season (spring -fall) for site preparation, an exception may be an area with lawn grass. Remove existing grass/weeds AND the weed seed bank in the soil by using herbicides or other methods you determine to be best. Sowing the seed: We are an advocate for fall or frost plantings (mid -Oct or after). Spring plantings (April-]une) are an acceptable second choice, You should not plant in the summer. (Click here for "Pros and Cons to Fall vs. Spring Plantings"). YEAR 2: FIRST GROWING SEASON • Most sites need maintenance mowings to keep weeds from going to seed and to allow light to penetrate the ground encouraging growth of the majority of the slow-growing natives. You may get some blooms this year, most likely the Black-eyed Susan, but you must sacrifice those beautiful flowers if you want the other species to establish! Keep the area cut to 4-6" this year. Don't pull the weeds! This will disturb the root systems of the nearby natives trying to establish. YEAR 3 SECOND GROWING SEASON • This may or may not be the year you start enjoying the.fruits of your labor. You may need to mow once yet this year. Be patient _ although some species may reach flowering stages in year 3, many could take 5 years or more. For more information on 'Establishing a Native Plant Community', read the excerpt from our catalog.. Details Catalog Number Price: Quen ity mc:e Seed prices Quantity: Pricing: Order: 500 s ft. q' $26.00 a seed mix _._......... . 1,000 sq ft.., - $40.00 e seed mix 1/8acre seed - $162.00 0 mix 1/4 acre seed mix $323,00 o 1/2acre seed '$646.00 Q mix 1 acre;:seed $1292.00 F771 mix. Add to cart Add to wish list Next/Previous products Shortgrass Echinacea Seed Mix Page Iof3 Shortgrass Inexpensive Seed Mix See details See details Send to friend Your name'. Your e-mail: *F, Recipient's e-mail: * Send to friend Companion Plants and Products See details Seed Mix Enhancement for Dry,to-.Dry Mesic Areas Seed prices Quantity: Pricing: Seed Mix Enhancement for 500 sq ft $7.00 Seed Mix Enhancement for 1060,.5q.ft. $12:00'. !Seed Mix Enhancement for 1/8 Acre $60.00 Seed Mix Enharic.e.tent for 1:/4 Acre;..$.120:00' ....... ... Seed Mix Enhancement for 1/2 Acre .. . $240.00; Seed. Mix Enhahcem'e'nt'for lAc're". $490,00 These species will add color to your Dry to Dry Mesic Seed Mixes. Tallgrass Exposed Clay Subsoil Seed Mix TEC click imaAe(s) b',Ij-ik�jq_ iew larger For Mesic to Dry Mesic Soils Exposed clay can present harsh conditions having been stripped of its organic soil. Tough species, including Purple Prairie Clover, Yellow Coneflower, and Wild Bergamot in the corresponding picture are up to the task. All mixes are subject to change without notice depending on availability of species. Seeding Rate: 12.18 lbs / acre 74 seeds / sq ft (Add a Seed Mix Enhancement for that extra splash of color; prices start at just $7.) Forbs (51.95%) Species Name % Anise Hyssop 1:12 Smooth Blue Aster 1.12 New England paster 3.35' Canadian Milk Vetch 0.45 White 1Nild In J:90 i-. : ,..3.35 Partridge Pea 11.16 Purple Coneflower 4.47 Biennial Gaura 2.23 Early SunflowJer. 1.12 False Boneset 1.12 Round -headed Bush..,'' 2..23` Clover Wild Bergamot 1.12 Forbs (continued) Species Name Foxglove Bea,rdtangue 1:12 White Prairie Clover 2.23 Purple Prairie Clover 3.35' Yellow Coneflower 1.12 Black-eYed S san 2:79 Sweet Black-eyed Susan 0.22 Brown -eyed :Susan 1,.12. Compass Plant 2.23 Prairie dock , 1.34; Stiff Goldenrod 0.89 Lead Plant 2..23` Grasses (48.05%) Species Name Big PlUest&h Canada Wild Rye Virginia 'ye Upland Wild Timothy Switch.Grass Indian Grass DID YOU KNOW...? Establishing a native plant community from seed can take 3 years or more 1�1.T7 11.17 7.82 '. 1.12 1•.1�,' 15.64 YEAR 1: SITE PREPARATION AND SEEDING YEAR Many areas will need 1 growing season (spring -fall) for site preparation, an exception may be an area with lawn grass. Remove existing grass/weeds AND the weed seed bank in the soil by using herbicides or other methods you determine to be best. Sowing the seed: We are an advocate for fall or frost plantings (mid -Oct or after). Spring plantings (April -June) are an acceptable second choice. You should not plant in the summer. (Click here for "Pros and Cons to Fall vs. Spring Plantings"). YEAR 2: FIRST GROWING SEASON Most sites need maintenance mowings to keep weeds from going to seed and to allow light to penetrate the ground encouraging growth of the majority of the slow-growing natives. You may get some blooms this year, most likely the Black-eyed Susan, but you must sacrifice those beautiful flowers if you want the other species to establish! Keep the area cut to 4-6" this year. Don't pull the weeds! This will disturb the root systems of the nearby natives trying to establish. YEAR 3: SECOND GROWING SEASON • This may or may not be the year you start enjoying the fruits of your labor. You may need to mow once yet this year. Be patient - although some species may reach flowering stages in year 3, many could take 5 years or more. For more information on 'Establishing a Native Plant Community', read the excerpt from our catalog... Details Catalog Number TEC Price: Quantity Price Seed prices Quantity: Pricing: .500 sq. ft. $20.00 seed mix 1;000 sq. ft. $30:00: seed mix 1/8 acre seed mix V4 acre.seed r ix 1/2 acre seed mix 1 acre: seed rnix Add to cart Add to wish list $96.00 $381.00 $761.00 Order: I o 0 1-77 0 501L pfc(-Smle- wer A/ A ±" .,!:-7 /Zt-,4 50?V Iro I 7— co 5C-I'EIV71'-IG AV 4 -,OKE 4qple-ricaAa ax, ,L,-Op,y /w.,s cornu bt wp.( sr wr& �tf ere. S ez oif o4f r-i?A'Gf-, 19r I' Ce 3'17r laa. 1fUAfV,)f6 . .. . . . ... ....... up 4^4 1 Aj rEl.lzl (3 l4fto. . ..... ...... lade. F;W5 COUNCIL - Request for Action Originating Department Approved for Agenda Agenda Section Community Development April 15, 2013 Work Session Item No. By: Curtis Jacobsen, Director of CD By: Kirk McDonald, City Manager 11.5 Discuss EDA sale of 4424 Nevada Avenpe North to the Ci (project no. 858) Requested Action Staff requests that the Council discuss the EDA sale of 4424 Nevada to the city as an addition to the park system. Policy/Past Practice It is a past practice of the city to discuss sales and or acquisitions of land. Background The Council authorized acquisition of the property in July 2009. The property has been discussed for various reasons an additional 6 times since then and plans are currently being worked on to transform this property with plantings into an extension of the park. The property was purchased for $56,773.55, asbestos removal was $9,825.00 and the demolition costs were $9,484.00. In total with carrying cost the EDA has in excess of $80,000.00 invested in the property to date. Currently the finance department informs me that there is approximately $68,000 in the park infrastructure fund that is designated for park dedication funds which can be used for park property acquisition. Staff requests the Council make a decision on finalizing this acquisition from the EDA before the CAC spends additional time and resources on landscaping plans. Staff does feel that the property would be a good addition to the park but should the city not want to acquire the property at this time the EDA may want to consider advertising the property for sale as a single family home site. Attachments • RFA authorizing acquisition • Minnesota Statutes 462.358 • 4424 Nevada general ledger activity • History of park dedication fee collections • Ma '_Motion by Second by To: } I:\UAWOMMDEV\DeveIo meet\WS-4424 Nevada4-15-13.doc Originating Department Community Development : Curtis Jacobsen, Director of CD COUNCIL Request for Action Approved for Agenda Agenda Section Development July 27, 2009 and Plazuzin Item No. 8.5 Kirk McDonald, Resolution authorizing staff to pursue acquisition of 4424 Nevada Avenue North by submission of a purchase offer of $54,000.00 Requested Action Staff requests the Council approve a resolution authorizing staff to pursue acquisition of 4424 Nevada Avenue North. Staff has discussed a purchase offer of $54,000 contingent on City Council approval. Policy/Past Practice It has been a past practice of the city to pursue acquisition of various properties in the city if their acquisition will be beneficial to a city program or department. Background The City has identified the property at 4424 Nevada Avenue North for redevelopment in the last two Comprehensive Plans. The property has gone through the foreclosure process and is currently being listed by a real estate broker for sale. As you are aware the property was heavily damaged by the vacating tenants and that is having a major effect on the properties current valuation. At the Council Work Session on July 20 it was generally agreed that the city should pursue acquisition of the property at the least possible expense to the city. Although options for the possible reuse of the property have been discussed previously, no option has yet been finalized. Staff is aware of at least one other party that is looking at this property to fix up. Funding It is recommended that the funding for this acquisition come from the EDA fund and that should the property be put to a use other than redevelopment that the EDA be reimbursed for the purchase price from the appropriate funding source. Motion byems 7 Second by — V7 I:\ RFA ,7L.AN.NiNG'-.PLANNING\Q & R-44243tie.ada ACgUWtion 7-27-09.doc 2012 Minnesota Statutes 462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION. Subd. 2b.Dedication. (a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in section 471.191. playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the procedures established in section 462.353. subdivision 4a. (b) If a municipality adopts the ordinance or proceeds under section 462.353. subdivision 4a, as required by paragraph (a), the municipality must adopt a capital improvement budget and have a parks and open space plan or have a parks, trails, and open space component in its comprehensive plan subject to the terms and conditions in this paragraph and paragraphs (c) to (i). (c) 'The m�unigpalitymay choose to. accept'a cash fee as set by ordinance from the apphgant for so r Ae' of the neve lots created in the subdivisia basad on the fair market vales ol't�e unplatted land for which' park fees have riot alreaci !been paid that is; no later.than at the'time of final approVa or under the city's adopted comprehensive plan, to be served by municipal sanitary sewer and water service or community septic and private well as authorized by state law. For purposes of redevelopment on developed land, the municipality may choose to accept a cash fee based on fair market value of the land no later than the time of final approval. (d) In establishing the; portion to be dedicated or preserved or the cash fee, the regulations shall give due copsi. ration to the open space,, recreational, or common areas and facilities open to the public that tine applicant proposes tv'reserve for the. subdivision: (e) The municipality must reasonably determine that it will need to acquire that portion of land for the purposes stated in this subdivision as a result of approval of the subdivision. (f) Cash payments received must be placed by the municipality in a special fund to be used only for the purposes"fol which the money was obtained. (g) Cash payments received must be used onlywfor the suis tion and development or. .unprovement of parks, recreational facilities, play&rounds, traits; wetlands, or open space based: ons khe apprQwd park systems plan. Cash payments must not be used for ongoijig operation, or pidntemwe vfparks, recreational facilities, ,playgrounds, trails, wetlands, or open space. (h) The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality. (i) Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing the property, the number of lots is increased, then the park dedication or per -lot cash fee must apply only to the net increase of lots. Subd. 2c.Nexus. (a) There must be an essential nekus been the fees or dedicationimposed under subdivision 2b aad . unic pal purpose sought to 8 e aclnei�ed by,t ie_fee or dedzeatioh, The. 11.fee or 4edication must bear route Parc +ortionality to the need created try the. Proposed. Sul d vistan ox" *% Clopnient: (b) If a municipality is given written notice of a dispute over a proposed fee in lieu of dedication before the municipality's final decision on an application, a municipality must not condition the approval of any proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee in lieu of dedication. (c) An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute over a proposed fee in lieu of dedication, if (1) the person aggrieved by the fee puts the municipality on written notice of a dispute over a proposed fee in lieu of dedication, (2) prior to the municipality's final decision on the application, the fee in lieu of dedication is deposited in escrow, and (3) the person aggrieved by the fee appeals under section 462.361, within 60 days of the approval of the application. If such an appeal is not filed by the deadline, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the municipality. m Qf c Cd CL �I y W 7 fq K 4� S ~=j w s 0 0 0 Q V �++ U U U J z W Z W Q U W YN1 W W LU g g F CL 0 m� Z 0 d d S }} O w w O w a CL i s i fYfr fY z J F Z z JLj J ~ w z a z U z °d w cW� F F z z z 5 w m m 01 m m m m m n w 0 a 0 0 m M y O O C4 0 N N O O O N N N mm T «mom Z z z z 2 N z z N m 0 m c m Z 2 z 0 N ! n N n ¢ N a Q M toto z Me o � i m z z B z z E z z o` z N E N N N N 4 N .2 N d V V7 f] 1 4 m v H N m N 0 m 0 0 m 0 m m n a 0 2 N N M r r a a u7 47 n m f"1 N M YI N V C ti ti ri Nm 0 Nl Aj 1p O C r W M V O { NC a n n b W E a N m Oi Qi r n A a r m o� z 8 a a a. a a 5 C,ai Cd n ti n n w w umi umi n » m m m m m m m O r N 0 b O m 0 0 0 a N O m zn a o M uma a c � o m e in n D N 0 N u7 N h O I M a b a a. 3 dno 0 0 0 CO CD H N LaLa m m m M M M N N 0 ¢ al ara n 0 0 c o Ln VI Hf d d d M a W IW. ti n LO m m CO P1 M M m Ln N � r C Q CW4 0 m O _ b h � � 0 IL 4 4 to W) c7 � Fo gg r z t� m m v m m 0 o 0 M a a z J) tl! i7J M ani W A fA f� °o xa a w W x a m to R LF Lap Lo +`$ a a C O A z 8 a a a. a a 5 C,ai Cd n ti n n w w umi umi n » m m m m m m m O r N 0 b O m 0 0 0 a N O m zn a o M uma a c � o m e in n D N 0 N u7 N h O I M a b a a. 3 dno 0 0 0 CO CD H N LaLa m m m M M M N N 0 ¢ al ara n 0 0 c o Ln VI Hf d d d M a W IW. ti n LO m m CO P1 M M m Ln N � r C Q CW4 0 m O _ b h � � 0 IL 4 4 to W) c7 d N� p O M Q ^ C? 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Parcel 17-118-21-21-0024 A -T -B: Abstract Map Scale: I"= 50 ft. N 1'D: Print Date: 4/10/2013 Owner City Of New Hope Market $0 Name: Total: Parcel 4424 Nevada Ave N Address: New Hope, MN 55428 Property Vacant Land -Residential Type: Home- Non -Homestead stead: Parcel 0.29 acres Area: 12,432 sq ft Tax $0.00 Total: (Payable: 2013) Sale $55,000 Price: Sale 08/2009 Date: Sale Code: This map is a compilation of data from varous sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT@ HENNEPIN COUNTY 2013 http:/lgis.co.hennepin.mn.us/Property/print/default.aspx?C=470674.0949633353,49... 4/10/2013 4424 NEVADA AVENUE DISSENT Daniel Stauner Council Member I dissent from the decision by the majority of the council to incorporate the property at 4424 Nevada Avenue into Sims Park. I do so not because I am unalterably opposed to the result. Rather I dissent because the council has not taken the time to properly analyze the decision and reach an informed conclusion as to the proper course of action. In order to determine the proper course of action with respect to the decision in this matter there are three questions that need to be answered. 1. What need is being filled by incorporating the property into Sims Park? No information has been given to the council that indicates there is a shortage of space at Sims Park for any purpose. The sole rational that has been expressed for incorporating the property into Sims Park is that it will square off the corner of the park. Although this may appeal to our sense of order it is not sufficient reason to forego other uses of a valuable city asset. 2. What are the alternative uses of the property? This property was the site of a blighted single family home that was removed by the city after purchase of the property. It could still be used for a single family home. There is currently a reported shortage of available sites for construction of single family homes in the inner suburbs. The fact that this property is bordered on two sides by park may make it attractive as a site for a higher value home. It may be that no builder will be interested in the site. But until we take the time to determine what if any interest there may be on the part of builders we cannot know what the best use of the property is. 3. What are the alternative uses for the park dedication funds being used to convert this property to park? The decision to convert this property to park land seems driven as much by the desire to convert park dedication funds to EDA funds as anything else. A proper analysis would require us to ask what other uses might be made of those funds. The packet for the work session contained information indicating that the funds could be used for improvements in existing parks. We know that there the park fund will not have sufficient money to do all the projects that are on the parks capital improvement plan for the coming years. Might these park dedication funds be better used to complete some of the projects that will otherwise be unfunded? A proper course of action for the council to take at this time would be to postpone the decision with respect to the property until we have completed a thorough analysis of all the costs and benefits of the different course of action. Daniel Stauner Additional Insured Copy FEDERATED MUTUAL INSURANCE COMPANY Home Office 121 East Park Square Owatonna, MN 55060 (507) 455-5200 Deletion Of Additional Insured Name of Insured: TWIN PINES EARTHWORKS `BRIAN SANDY & TERI SANDY DBA 27385 114TH ST ZIMMERMAN MN 55398 This is to notify you that the additional insured endorsement forming a part of the indicated policy naming you additional insured is hereby cancelled. INSURED - Please attach this endorsement to your policy. Interest: ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY TO THE REMOVAL OF BUILDINGS AND FOUNDATIONS FOR PROJECT: CITY OF NEW HOPE, 4424 NEVADA AVE N If this information is incorrect, please advise us at once. CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE MN 55428 x*0 i Secretary President If you have any questions, please contact your Producer. IL -F-8.9 (09-95) Policy Number: 0971449 Transaction Effective Date: 11-05-2010 AL l Originating Department Community Development & Parks and Recreation COUNCIL Request for Action Approved for Agenda January 21, 2014 Agenda Section Work Session Item No. By: Curtis Jacobsen, Director of CD Susan Rader, Director of P & R By: Kirk McDonald, City Mana er 11.4 Discuss 4424 Nevada Avenue North, for the pu a of clarifying Council's intentions for the property ownership and future use (improvement ro'e #858) Requested Action Staff requests the Council discuss 4424 Nevada Ave N, for the purpose of clarifying Council intentions for the property ownership and future use. This matter was last discussed at the April 15, 2013 work session and the majority of the Council supported adding this parcel to the park property. At that time there were several outstanding issues regarding property ownership, the ownership of the adjacent parcel, uses of park dedication fees and the impact on the Park Infrastructure Fund and future park CIP projects. The city manager indicated that staff and the city attorney would research these issues and bring back further information before the item was placed on a regular council agenda for action. Policy/Past Practice It is a practice of staff to pursue direction and clarification from the City Council on issues prior to making final decisions related to property ownership, Background The city attorney has prepared the attached memorandum addressing the following issues: 1) Which entity owns the 4424 Nevada Avenue parcel (city or EDA)? The city is named on the title of the property; however the purchase of the property was made with EDA funds. 2) Who owns the adjacent parcel to the east of the 4424 Nevada Avenue property? The property is non -conservation tax forfeited land owned by the state and administered by Hennepin County. The city could receive the land for free if it was agreed that the property would only be used for specified public purposes, such as nark land. Motion by Second by To: I S Request for Action January 21, 2014 Page 2 3) What is the appropriate use of park dedication fees? Per the city attorney's memo, park dedication fees can be used to acquire property for park development or to install new playground equipment or other park amenities; the funds cannot be used for on-going operations or maintenance. There is currently $69,685 available in park dedication fees. Additional fees will probably be collected with future redevelopment projects. The City acquired this ,property on August 27, 2009, from the U.S. Department of Housing and Urban Development. The property was a foreclosure and was in a dilapidated condition. This property had been identified in the last two comprehensive plans for the city as a possible acquisition. In the 2030 Comprehensive Plan, Planning District 10, Item 5 it states; "If the opportunity presents itself, the City may consider the acquisition of the single family home at the southeast corner of 450, Avenue and Nevada Avenue for its incorporation into Fred Sims Park." Community Development staff believed that when the Council authorized the acquisition of this property in 2009 that it was with the intention of being in conformance with item 5. 5 The issue for the Community Development staff now is that the property was titled in the name of the City but was paid for out of EDA funds. The purchase price of the site was $56,273, including closing costs. An additional $23,382.98 was expended for asbestos removal and demolition of the house and garage, for a total of $79,655. Staff requests that the City Council/EDA agree to a reimburse the EDA $69,685, the total amount of park dedication fees available, or have theproperty title be transferred to the EDA. Should the Council determine to transfer the property to the EDA staff would recommend marketing the site for sale, as a single family home site. Currently, Fred Sims Park is 5.49 acres. Adding 4424 Nevada Avenue to the park would increase the park size by approximately .3 acres. This addition would follow the recommendation of the Comprehensive Plan. Due to the terrain and location of the 4424 property, staff feels it would best be used as an area for plantings and mowed green space. Acquiring the vacant/wetland area to the east of this parcel would add an additional .47 acres to the park for a total acreage of 6.26 acres. Financing If the Council is interested in making this property part of Fred Sims Park, park dedication fees could be used for the purchase. Currently, there is approximately $69,685 in park dedication fees which are part of the overall Park Infrastructure Fund. Since May 2004, $178,102.50 has been collected in park dedication fees and from 2004-2006, $108,417.50 was spent on park improvements in the parks. The purchase of 4424 Nevada Avenue would require using the remaining park dedication fee balance. After the property was purchased in 2009, an amount of $25,000 was earmarked in the Parks Infrastructure for landscape improvements for when the property was designated as park land. This amount has been carried over each year. If the remaining balance of the park dedication fees are used to purchase the property, staff would recommend that the plans for the landscape improvements be scaled back. As an alternative, native plantings could be added, dead brush be cleared and additional trees planted. The remainder of the property would continue to be mowed. This would result in a much smaller expense. Request for Action January 21, 2014 Page 3 Summary If the Council supports incorporating the 4424 Nevada Avenue property into Fred Sims Park, staff recommends that a resolution be approved at a regular council meeting directing the following actions: 1) Add the 4424 Nevada Avenue parcel to the Fred Sims Park property. 2) Park dedication fees in the amount of $69,685 be utilized to reimburse the EDA for the property purchase. 3) Pursue acquisition of the parcel east of 4424 Nevada Avenue from Hennepin County for park purposes. 4) Implement a low maintenance native planting plan for a portion of the 4424 Nevada Avenue property. Attachments Map of Fred Sims Park and 4424 Nevada Avenue City Attorney Memo State Statutes Hennepin County parcel ID sheets Acquisition/Demo fee chart Park Dedication Fees Activity chart 5 Year CIP, 2013-2017 April 15, 2012 Work Session Minutes a q mN III � LcuiMmim Ave Nlz r loulaimv Aad N P Louiciena Ave N fC � V�r dAveH } 4 5-2V Ave N itievada AVG N Nevada Ave N Oregon Ave N _ 4repon Ave N}:' an Ave N ,fly----- . ..; wr.R - war �� - �� _...., _.. .�rrr, • - .... -ter .--..__s�rwr , . � ... _ .., ',, _ _ .. _' yIf :. r3 .ruNn.IkrNrs 9m.-- �... .a N� w �i k ayugq �', rakndha lV�! 8op,eAMe N� .. 40 a . JENSEN SONDRALL & PERSELLIN9 P.A. Attorneys At Law 8525 EDINIMOOK CROSSING, sT L 201 BROOKLYN PARK, MINNESOTA 55443-1%8 TELEPHONE (763) 424-8811 • TELEFAX (763) 493-5193 e-mail 1aw@jcpabtorney&c0m MEMORANDUM Date: I November 12, 2013 To: Kirk McDonald, City Manager From: Steve Sondrall Re: 4424 Nevada Avenue North and property immediately east (17-118-21-21-0025), and Pro r Use of Park Dedication Fees Kirk — This memo will address the following issues: I. The status of 4424 Nevada Avenue North and the property immediately east of 4424 Nevada identified as PID# 17.118-21-21-0025; and 2. Does New Hope Code §13-7(i) and Minn Stat. §462.358, Subd. 2b. permit the City to use or spend park dedication fees to replace outdated playground equipment with new playground equipment? ISSUE ONE — Status of property: The property at 4424 Nevada was purchased in August 2009. Title to the property was taken in the name of the City and not the EDA. As a result, it would not be appropriate to transfer any City funds, whether park dedication funds or otherwise, to the EDA from the City for the acquisition of 4424 Nevada. The property adjacent to and immediately east of 4424 Nevada, identified by PID# 17-118-21-21-0025 is non -conservation tax forfeited land owned by the State and administered by Hennepin County as tax forfeited land. To my knowledge, the City has never acquired title to this land. If the City desired to acquire the property it could do so under the following options: a) We could pay the appraised value of the land and receive full, clear title to the land. This means neither the State nor County could place any restrictions on the City's use of the land. At the present time I cannot determine if the County has an updated appraisal of the property, and even if it does, this price could be negotiated. We did this with the gas station property on 62nd and West Broadway. b) We could receive the land for free if we were to agree with the County that the land would only be used for specified public purposes such as a park that is available to and accessible by the public containing park amenities like playground equipment or athletic fields. Trails for walking MEMORANDUM —PAGE I and biking would also be a qualifying public purpose if a reasonable amount of surrounding land was maintained in its natural state. ISSUE TWO — Appropriate uses for Park Dedication Fees Both New Hope Code § 13-7(i)(5) and Minn. Stat §462.358, Subd. 2b.(0 and (g) regulate the City's use of park dedication fees. Basically, the following requirements apply to the collection and use of park dedication fees paid to the City in lieu of actual park land dedication: a) The cash payments collected by the city must be placed in a special fund to be used only for specified park purposes. b) The appropriate park purposes are either 1) acquisition and development or 2) improvement of parks, recreational facilities, playgrounds, trails, wetlands or open space based on the approved park systems plan. c) The funds may not be used for ongoing operation or maintenance of the things listed in (b) above. You then ask if replacement of old playground equipment with new playground equipment can be funded using the previously collected park dedication fees. In my opinion, the answer to this question is YES. However, I qualify this answer by assuming the City has developed or adopted a park system plan that takes into consideration the replacement of playground equipment as a scheduled capital improvement/expenditure. By definition, this makes the playground equipment expenditure an improvement that is authorized by Minn. Stat. §462.358, Subd. 2b.(f) and (g) and our city code. Certainly, if the City decided to acquire the tax forfeited land east of 4424 Nevada and decided to commit both properties to park/trail use, all costs associated with doing so could be funded with park dedication fees. Obviously, maintenance of existing equipment or structures in our parks cannot be funded with park dedication fees. Sometimes, the difference between maintenance and improvement will need to be considered on a "case by case" basis. But, if we are tearing down old and replacing with new or we are making significant expansions to existing facilities or equipment, these are improvement costs and not maintenance cost and the use of park dedication fees would be justified. PAAuDmcAAS1] Client PileA2 City oiNew HopeWS-111M (Sty MFWUW - use dpinic dedication feeLdoc MEMoRANDum - PAGE 2 462.355 OFFICIAL, CONMOLS; SUBD"ION REGULATION; DEDICATION. Subd. 2b.Dedication. (a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in section 471.141. Playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the Procedures established in section 462.353. subdivision 4a. (b) If a municipality adopts the ordinance or proceeds under section 462.353, subdivision 4a, as required by paragraph (a), the municipality must adopt a capital improvement budget and have a parks and open space plan or have a parks, trails, and open space component in its comprehensive plan subject to the terms and conditions in this paragraph and paragraphs (c) to (i). r (c� The municipality aiay choose tp t a#e h fee,as set by ortdmanc a fi t carat 4 � srnrte ar all ofthe new,lo created im the subdr : ' Y ;.. v`2�n.�based on thdavenagc imarlret va ti�nftd unplatled tat X01• wfuch par ':fees have�rot already bees paic that ts, tuz"ider'than of the.time of appai%sl or wider Elie city's adopted'com pTehensiu plana to be served by municipal sanitary sewer and water service or community septic and private well as authorized by state law. For purposes of redevelopment on developed land, the municipality may choose to accept a cash fee based on fair market value of the land no later than the time of final approval. (d) n,'establishing theportion to be dedicated or - __..._.;..._ ...., ... _.. _ .,.._ 7- -- . preseryeil or tie cash%, the regulationesh'all' , tdenlicaat : .;pace, or'sohperecs andac .ppn mpPe.n: to tie pubic tba#praposes.torosrse fox the, subdivision (e) The municipality must reasonably determine that it will need to acquire that portion of land for the purposes stated in this subdivision as a result of approval of the subdivision, Payments rq=ved` must 'be pU6W 1.17. iirici ali H a VON* � be wed 4nly.fon the purppses for w2iich the money vy�as obtained., ,(g) �asli;j a ments i eiv # m4st-be Wed'I;i ly for. :ac titin .and -' of parks' ;t}rei development or rn3rovetnon ? at es, p1a3 ds,:trarXs, .a►etIadd� or open space based �n the a pr+o ned p r1c systeMs plan.. Cash payments ilii P. not be used for on go g 600atioa or marntMW&q.:af parks, recxeatoral Si playgrounds, trailsA wetlands; opeen; space: (h) The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality. (i) Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing the property, the number of lots is increased, then the park dedication or per -lot cash fee must apply only to the net increase of lots. lulilwVL4lla jaF " _91 - Parcel Data for Taxes Payable 2013 Properly ID: 17-118-21-21-0024 Address: 4424 NEVADA AVE N Municipality: NEW HOPE School Dist: 281 Construction year: Watershed: 8 Approx. Parcel Size: 45 X 131 Sewer Dist: 02 owner Name: CITY OF NEW HOPE Taxpayer Name CITY OF NEW HOPE & Address: 4401 XYLON AVE N NEW HOPE MN 55428 Sale Information Sales prices are reported as listed on the Certificate of Ileal Estate Value and are not warranted to represent arms -length transactions. Sale Date: August, 2004 Sale Price: $55,000 Transaction Type: Tax Parcel Description The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording Addition Name: AUDITOR'S SUBDIVISION NO. 324 HENNEPIN COUNTY, MINN Lot: 031 Block: First Line Metes & Bounds: THAT PART OF N 125 FT LYING W OF Full Metes & Bounds: Note: To read full tax parcel description, click here. Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2013 Values Established by Assessor as of ]anuary 2, 2012 _ Estimated Market Value: ^ Taxable Market Value: Total Improvement Amount: Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: Land Market Building Market Machinery Market Property Information Detail for Taxes Payable 2013 Values Established by Assessor as of 3anuary 2, 2012 Values: Total Market: Qualifying Improvements Veterans Exclusion Homestead Market Value Exclusion Classifications: http://wwwl 6.co.hennepin.mn.us/pins/printdetails.jsp?pid=17-118-21210024 4/22/2013 prinLuetia,iis asp Property Type VACANT LAND - RESIDENTIAL Homestead Status NON -HOMESTEAD Relative Homestead Agricultural Exempt Status EXEMPT hq://www l 6.co.hennepin.mn.us/pins/printdetails-i sp?pid=17-118-21210024 urlv � va - 4/22/2013 r1C11[1CID111 I.VUI1Ly %J1J - r1111MVIC IVId J - a 1Fq Hennepin 1 0.rniLL i Ul 1 Property Map Lu;, � i Fred SiMs.Park t_ I_ Z43 RD AVE'N r Parcel 17-118-21-21-0024 A -T -B: Abstract Map Scale: 1" = 200 ft. N ID: Print Date: 11/11/2013 Hamer City Of New Hope rkeM owneotalt $0 Parcel 4424 Nevada Ave N Tax $0.00 Address: New Hope, MN 55428 Total: (Payable: 2013) Property Vacant Land -Residential Sale $55,000 Type: Price: This map is a compilation of data from various sources and is furnished "AS IS" with no Home- Sale representation or warranty expressed or Non -Homestead 0812009 implied, including fitness of any particular stead: #Date: purpose, merchantability, or, the accuracy and completeness of the information shown. Parcel 0,29 acres Sale Area: 12,432 sq ft Code: COPYRIGHT ®HENNEPIN COUNTY 2013 Think Green! http://gis. co.hennepin.mn.usIProperty1printldefault.aspx?C=470667.4274500003,4987042... 11/11/2013 A fAsv 1 Ill 4 Parcel Data for Taxes Payable 2013 Property 10: 17-118-21-21-0025 Address: 85 ADDRESS UNASSIGNED Municipality: NEW HOPE School Dist: 281 Construction year: Watershed: 8 Approx. Parcel Size: 162 X 125 Sewer Dist: 02 owner Name: HENNEPIN FORFEITED LAND Taxpayer Name CITY OF NEW HOPE & Address: 4401 XYLON AVE N NEW HOPE MN 55428 Sale Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms -length transactions. NO SALE INFORMATION ON FILE FOR THIS PROPERTY. Tax Parcel Description The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording Addition Name: AUDITOR'S SUBDIVISION NO. 324 HENNEPIN COUNTY, MINN Lot: 031 Block: First Line Metes & Bounds: E 162 FT OF N 125 FT Full Metes & Bounds: Note: To read full tax parcel description, click here. Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2v13 Values Established by Assessor as of January 2, 2012 Estimated Market Value: Taxable Market Value: Total Improvement Amount: Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: Property Information Detail for Taxes Payable 2013 Values Established by Assessor as of January 2, 2012 Values; Land Market Building Market Machinery Market Total Market: Qualifying improvements Veterans Exclusion Homestead Market Value Exclusion Classifications: Property Type VACANT LAND - RESIDENI7AL http://wwwl 6.co.hennepin.rnn.us/pins/printdetails.jsp?pid=17-118-21210025 4/22/2013 r ------ ----_".j-r Homestead Status NON -HOMESTEAD Relative Homestead Agricultural Exempt Status EXEMPT .tea- - — - http://wwwl6.co.hennepin.mn.us/pins/printdetails.isp?pid=17-118-21210025 4/22/2013 A "5W l vt 1 Metes and Bounds The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording PID: 17-118-21-21-0025 Municipality: NEW HOPE Addition Name: AUDITOR'S SUBD. NO. 324 Lot: 031 Block: E 162 FT OF N 125 FT httpa/wwwl 6.co.hennepin.mn.us/pins/pidresult.jsp 4/22/2013 Hennepin County UIN - Yrintable lviap InterLac.- e Map. t Wf - I . E j �I 45TH AVE N Z'. W. Q OI tDi_......_�I wi€ Parcel 17-118-21-21-0025 ID: NO mer Hennepin Forfeited Land Parcel SB Address Unassigned Address: New Hope, MN 00000 Property Vacant Land -Residential Type: Home- Non -Homestead stead: Parcel 0.47 acres Area: 20,292 sq ft J. K64 1 - 1 Property Map AT -B: Abstract Market $0 Total: Tax $0.00 Total: (Payable: 2013) Sale Price: Sale Date: Sale Code: This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT ® HENNEPIN COUNTY 2013 A Thist Green! http://gis.co. hennepin.mn. us/Property/print/default. aspx?C=470711.9 866000009,4987046... 11/11/2013 4424 Nevada Avenue North (Acquisition/Cleanup/HoIding costs) 4424 Acquisition $56,273.55 HUD Demolition $10,484.00 Twin Pines Earth Works Asbestos Removal $ 9,825.00 Envirobate Pre -Demo Survey $ 1,373.72 Applied Environmental Sciences 2nd half taxes $ 1,422.21 Hennepin County Legal $ 277.50 Jensen Sondrali & Persellin TOTAL $79,655.98 N Y O r`a u U L D ++ �. 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Q c7 c7 c7 c a a U u� c T v vup W � LL large of a geographic area. Staff was directed to proceed with the program and to utilize the resources of the citizen advisory commission. (MP. PROJECT 858 Mayor Hemken introduced for discussion item 11.5, Discuss EDA sale of 4424 11.5 Nevada Avenue North to the city (project no. 858). Mr. Curtis Jacobsen, director of community development explained the Council authorized acquisition of the property in July 2009. The property has been discussed for various reasons an additional six times since then and plans are currently being worked on to transform this property with plantings into an extension of the park. The property was purchased for $56,773.55, asbestos removal was $9,825.00 and the demolition costs were $9,484.00. In total with carrying cost the EDA has in excess of $80,000.00 invested in the property to date. Mr. Jacobsen indicated the balance in the park infrastructure fund designated for park dedication funds is $68,000. He noted the funds can be used for park property acquisition. Staff requests the Council make a decision on finalizing this acquisition from the EDA before the Citizen Advisory Commission spends additional time and resources on landscaping plans. Staff recommends the property be added to Fred Sims Park but noted the Council could elect to advertise the property for sale as a single family home site. Council asked Director Rader to comment on incorporating the Iand with Fred Sims Park. Ms. Susan Rader, director of parks and recreation, stated the Citizen Advisory Commission has held discussions during the past couple of years to determine the best options for the site. She noted the corner property would make a nice addition to the park, and funds are available to purchase it from the EDA. She noted the CAC and staff realizes that the Council may wish to have a single-family home constructed on the parcel. Mayor Hemken polled the Council regarding the use of the property. Mayor Hemken and Council Members Elder, Hoffe, and LammIe supported the property being incorporated into Fred Sims Park. Council Member Stauner indicated he would need more information prior to making a decision such has whether the lot is buildable, the housing demand, and possible alternate uses of the park dedication funds. Council Member Stauner also pointed out the site contains two parcels according to Hennepin County's map. Mayor Hemken noted the majority of the Council supports 4424 Nevada being designated as park property. City Manager McDonald indicated staff would conduct further research on the parcel status and the park dedication fee impact on the park infrastructure fund/CIP, and staff would prepare a resolution for consideration at a future council meeting. City Attorney Steve Sondrall pointed out once property is dedicated as park property it is difficult to reverse such a decision. He recommended the property be City Council Work Session pril 15, 20]3 Page 7 Planning Tactics DISTRICT 10 This planning district includes areas of single family, multiple family and commercial land uses. District 10 Issues 1. Scattered site single family redevelopment is needed for select sites throughout District 10. A concentration of candidate sites are located along both sides of Nevada Avenue between 42nd Avenue and 45th Avenue. Recent redevelopment by Northwest Community Revitalization Corporation in 2005 and 2006 established three new twinhomes in this area. 2. The apartments south of Fred Sims Park have had problems with stormwater drainage and lack on-site amenities. 3. Fred Sims Park and the apartment complex to the south need to provide a parking and vehicle turn around area at the end of 4V Avenue. 4. The single family home located at the southeast corner of 451h Avenue and Nevada Avenue could be considered for acquisition and incorporated into Fred Sims Park. Oty of New Hoe 160 Com rehensrve Plan U date Planning Tactics cleaRequest for Action Originating Department Approved for Agenda Agenda Section Ordinances & City Manager January 27, 2014 Resolutions Item No. By: Kirk McDonald, City Manager 1 By: Kirk McDonald 10.5 Resolution authorizing transfer of $79,656 from the temporary financing fund to the Economic Development Authority fund for the acquisition of 4424 Nevada avenue north (improvement project #858) Requested Action Staff requests the City Council approve the attached resolution authorizing a transfer from the temporary financing fund to the Economic Development Authority fund in the amount of $79,656. The purpose of the transfer is to reimburse the EDA for the acquisition and demolition of the property at 4424 Nevada avenue north. The Council discussed this matter at the January 21 Council Work Session and supported the transfer of funds. Policy/Past Practice The city uses a variety of internal funding sources to accomplish projects and transfers of funds from accounts for specific project needs are discussed with an approved by the City Council. Background The city acquired the property at 4424 Nevada avenue north in 2009 from the U. S. Department of Housing and Urban Development. The property was a foreclosure and was in a dilapidated condition. The structure on the property was demolished and the site is currently vacant. The City Council is discussing future options for the property including incorporating the property into the adjacent park, or selling the property for the construction of a new single family home. The purchase of the property and subsequent demolition costs were paid from the Economic Development Authority fund in the amount of $79,656, however, the property is titled in the name of the city. Until such time that a decision is made regarding the future use of the property, the city desires to reimburse the EDA for acquisition/demolition expenses so the parcel is fully paid and owned by the city. Staff is recommending funds from the temporary financing fund be utilized to reimburse the EDA in the amount of $79,656. As of September 30, 2013, the temporary financing fund had a balance of $3,084,297. The attached resolution approves the transfer of funds, and staff recommends approval of the resolution. Motion by Second by To: L✓,rXo 4 �an /Xc6ah n I I:IRFA/CityManager/2014/Q&R-TransferFor4424Nevada 01.274 Request for Action, Page 2 January 27, 2014 Attachments Resolution Excerpt Third Quarter finance report Parcel data sheet Acquisition/Demolition costs City of New Hope Resolution 2014-2 4 Resolution authorizing transfer of $79,656 from the temporary financing fund to the Economic Development Authority fund for the acquisition of 4424 Nevada avenue north (improvement project #858) WHEREAS, the city acquired the property at 4424 Nevada avenue north in 2009 from the U. S. Department of Housing and Urban Development, and; WHEREAS, the property was a foreclosure and was in a dilapidated condition. The structure on the property was demolished and the site is currently vacant, and; WHEREAS, the City Council is discussing future options for the property, and; WHEREAS, the purchase of the property and subsequent demolition costs were paid from the Economic Development Authority fund in the amount of $79,656, however, the property is titled in the name of the city, and; WHEREAS, until such time that a decision is made regarding the future use of the property, the city desires to reimburse the EDA for acquisition/demolition expenses so the parcel is fully paid and owned by the city, and; WHEREAS, the City Council desires to transfer funds from the temporary financing fund to accomplish this purpose. NOW, THEREFORE, BE IT RESOLVED, that the New Hope City Council hereby approves the transfer of $79,656 from the temporary financing fund (fund #9242) to the Economic Development Authority fund (fund #9025) for the acquisition and demolition costs associated with 4424 Nevada avenue north (improvement project $858). Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 271h day of January, 2014. Mayor Attest: City Clerk CITY OF NEW HOPE, MINNESOTA ATTACHMENT B UNAUDITED CASH BALANCES BY FUND DECEMBER 31, 2012 AND SEPTEMBER 30, 2013 9 e vital Drotects _ 96Ed waS1.TffMW9MWffr- .0 9021 Police forfeiture 9118* EDA sinking #11, 04-1 9140 Fire erasion bond 1196 9202 City Hall C1P �9213 EEDA. construction #5, 85.1 9215 EDA construction #618, 85-2 9217 * EDA construction #10, 03-01 9219 . EDA construction #12, 04-2 206, W -ii 9233 Park infrastructure 1W. '.. _ .A.. _ .. 9302 Golf course low-Iceiiha 93[044 Storm water (797�40 2J Central garage 9408 Vacation leave 44.11 gzmiotcnoTogy 9503 Agency pass thra Total Item E lavation of changes greater than $100,000 Balance Balance Change from 12/31/2012 09/30/2013 12/31/2012 5,0,7 3j2J1,715": 348,301 - (348,301) (2) (3) 140,808 A 19,815 1 bf7' 101,878 105,623 3,745 84;4 13129 .: ,_.,2I (4) (28,102) (35,249) (7,147) 1) 33`5,,�90r-2 (35,r9j_02) hf qr 100,747 201,086 100,339 (5) 573 (1,438) (2,01I) f 7 1t358,'-57"' 4b D 1,406 (1,282) (2,688) (114,586) (59,015) 55,571 b. 1I8,043 115,892 (2,151) 4C 855,506 281,571 9462 9 91,203 1-3 084,29T:. _ J 0- 8 (119,672) (6) 1$x070 31t, 01 15,i r: (6)(9) 17,093 . 117,521 100,428 (2) 127x¢0 43975 , j+ :',� .:. (7) 2,094,675 1,154,569 (940,106) (9) `201t'1 2X$,52 ` N _ .' ' ]4tII 5.329,235 4,751,397 (577,838) (6) SU191"i : 511,21$•: 3`l, 620,433 634,272 13,839 199;2�5 46,081 15,529 (30,552) 25,348,442 $ 24,379,563 $ (968,879) (1) See statement of revenue and expenditures general fund for further explanation of this decrease. (2) 4/28/2013 Council authorization to close fund to Golf Course (3) Decrease due to acquisitions and payments on current projects. (4) Decrease due to scheduled bond payments. (5) Increase of $100,000 council authorized transfer. (6) Decrease due to payments on current projects and/or scheduled debt payments. (7) Increase due to energy improvement grant revenue. (8) Received $3.9 million in municipal state aid on 9/2I/2013 for 2013 street projects. (9) Variance due to council authorized transfer of $1,000,000 from storm water fund to the water utility fund. -6- Parcel Data for Taxes Payable 2013 Property ID: 17-118-21-21-0024 Address: - 4424 NEVADA AVE N Munlclpailty: NEW HOPE Construction year: Co School Dist: 281 8 Approx. Parcel Size: 95 X 131 Watershed: Sewer Dist: 02 Owner Name: CTTy OF NEW HOPE Taxpayer Name CITY OF NEW HOPE & Address: 44o1 XYLON AVE N NEW HOPE MN 55428 Sale Information Sales prices are reported as listed an the Certificate of Real Estate Value and are not warranted to represent arms -length transactions. Sale Date: August, 2009 Sale Price: $55,000 Transaction Type: Tax Parcel Description The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording Addition Name. AUDITOR'S SUBDIVISION NO. 324 HENNEPIN COUNTY, MINN Lot: 031 Block: First Line Metes & Bounds: THAT PART OF N 125 1 T LYING W OF Full Metes & Bounds: Note: To read full tax parcel description, click here. Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2013 Values Established by Assessor as of Januag 2, 201.2 Estimated Market Value: Taxable Market Value: Total improvement Amount: Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: Land Market Building Market Machinery Market Property Information Detail for Taxes Payable 2013 Values Established by Assessor as of January 2, 2012 Values: Total Market: Qualifying Improvements Veterans Exclusion Homestead Market Value Exclusion classifications: http://wwwl 6.co.hennepin.mn.us/pins/printdetails.jsp?pid=17-118-21214024 4/22/2013 Prop-ty Ty -pe VACANT LAND RESIDENTIAL Homestead Status NON -HOMESTEAD Relative Homestead Agricultural Exempt Status EXEMPT http://wwwl6.co.hehnepin.mn.us/pins/printdetails jsp?pid=17-118-21210024 4/22/2013 All Lcums A___ ��C h fidAveN ROVAM AUG I Ave Ono, Ave N M. L6 x -COM IN Or ilf Z VOL% 4424 Acquisition Demolition . Asbestos Removal Pre -Demo Survey 21nd half taxes Legal TOTAL 4424 Nevada Avenue North (AcquWdon/Cieanup/Hdding costs) $56,273.55 HUD $10,484.00 Tewin pines Earth Works $ 9,825.00 Envirobate $ 1,373.72 Applied Environmental Sciences $ 1,422.21 Hennepin County $ 277.50 Jensen Sondrall & Persellin $79,655.98 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Community Development February 9, 2015 Development & Plannin Item No. By: Jeff Sar ent, Director of CD By: Kirk McDonald, City Manager 8.4 Resolution designating city -owned property located at 4424 Nevada Avenue North in the city of New Hope as s Fred Sims Park property (project no. 858) Requested Action Staff requests that the Council approve a resolution that would designate the property at 4424 Nevada Avenue as Fred Sims Park parkland. Policy/Past Practice It is a past practice of the city council to designate land as parkland. Background The Council authorized acquisition of the property at 4424 Nevada Avenue in July 2009. The property was purchased for $56,773.55; asbestos removal was $9,825.00, and the demolition costs were $9,484.00. In total with carrying costs, the EDA had in excess of $80,000.00 invested in the property. In 2013, the Council authorized the transfer of funds from the temporary financing fund to reimburse the EDA for the acquisition and demolition costs. At the October 20, 2014 work session meeting, with the knowledge that Centra Homes would present a redevelopment opportunity for new single-family homes, the Council formally agreed that the property should be designated as parkland and be included into the Fred Sims Park property. The City's Comprehensive Plan designates this area as Planning District 10. The Comp Plan specifically recommends acquiring the property at 4424 Nevada Avenue to incorporate it into Fred Sims Park. The excerpt from the Comp Plan has been attached. The City of New Hope does not have a Park and Open Space Zoning District, so parkland is denoted as an overlay district on the Zoning Map. The proposed resolution is recommended as formal record Motion by _ Second by To: I:\ R AI COMM DEV \ Develo menti Q & R - 4424 Nevada designation to parkland 2-4-15.doe Request for Action Page 2 February 9, 2015 that the City Council agrees to designate the property as park of Fred Sims Park. Once designated, the official Zoning Map will reflect that the property at 4424 Nevada Avenue is parkland. The Codes and Standards Committee discussed this issued at the December 10, 2014 Codes and Standards meeting. The Committee agreed that the property should be assigned to Fred Sims Park and designated as such. It should be noted that the Citizens Advisory Commission will meet on March 10, 2015, to hear a landscape design presentation proposal in order to beautify the property at 4424 Nevada Avenue. Attachments • Resolution • October 20, 2014 Work Session Minutes Comprehensive Plan Excerpt (Planning District 10) Map RESOLUTION NO. 15-� RESOLUTION DESIGNATING THE CITY OWNED PROPERTY LOCATED AT 4424 NEVADA AVENUE NORTH, IN THE CITY OF NEW HOPE AS FRED SIMS PARK PROPERTY WHEREAS, the real property located at 4424 Nevada Avenue North, New Hope with a property tax identification number of 17-118-21-21-0024 (the "Property") was purchased by the City in August 2009; and WHEREAS, the Property is currently zoned as R-1 single family residential; and WHEREAS, the City's Director of Parks and Recreation reminded the Council at a City Council Work Session on October 20, 2014, that the Council previously supported utilizing the Property as park property since it would preserve additional green space; and WHEREAS, the addition of the Property to Fred Sims Park would add an additional .29 acres, bringing the total park size to 6.25 acres; and WHEREAS, the City Council discussed with the City Manager that it would be in the best interests of the City to fully maximize the green space available in Fred Sims Park by formally designating the Property as part of Fred Sims Park; and WHEREAS, the City Council at its meeting of February 9, 2015, agreed to designate the Property as "open space" park property and change the zoning classification on the zoning map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The Property located at 4424 Nevada Avenue North, in the City of New Hope, shall be designated as "open space" park property and the zoning classification on the zoning map shall be changed accordingly. Dated the 9th day of February, 2015. Kathi Hemken, Mayor Attest: _91�r '4�. Valerie Leone, City Clerk PARKS & RECREATION Item 11.7 City Council Work Session Page 8 of the city's storm water fund for the project. He inquired whether the city would be willing to fund a greater amount of the $1,200,872 project cost. He stated staff intends to re -address the issue with the BCWMC at its November 20 meeting. Council Member Stauner pointed out other advantages of the project in addition to phosphorous removal are to capture bacterial contamination and capture salt contaminants from streets. It was noted that underground water storage may remove more contaminants than a pond. The Council discussed Concept C versus A and agreed to continue to pursue Concept A. Mr. Kirk McDonald, city manager, asked jean McGann, AEM, if there were adequate funds in the storm water fund if the Council wanted to increase the contribution. Ms. McGann responded in the affirmative and noted there are funds in reserves as well. She stated $120,000 is earmarked and could use another $200,000 from the fund. She stated if there are no future storm water projects in the next few years that funding could also be used. She also pointed out storm water rates could be increased. Mr. Paschke noted the need to address the flooding on 42nd Avenue near the railroad bridge. He also stated there will be some storm water improvements necessary in conjunction with street projects. Mr. McDonald noted the city's contribution could be increased $80,000 to $200,000. Council Member Stauner suggested starting at the $120,000 CIP figure only as the city has other storm water projects to fund. Mayor Hemken inquired of the cost of the project for the underground water storage only. Mr. Long stated it is $680,000. Mr. Long encouraged interested parties to attend the November 20 watershed meeting. He stated staff will present the feasibility report to Council at the November 10 Council Meeting. Mayor Hemken introduced for discussion Item 11.7, Discuss Parks and Recreation issues. Ms. Susan Rader, director of parks and recreation, stated she would like input from Council regarding several items: 4424 Nevada Avenue, an electronic sign board at the golf course, Duk Duk Daze fireworks, shallow water play area at the pool, and field improvements at Victory Park. Ms. Rader stated Council previously supported utilizing 4424 Nevada Avenue as park property since it would preserve additional green space. Staff had been directed to proceed with the acquisition of the tax -forfeited land east of 4424 Nevada Avenue and learned from Steve Sondrall, city attorney, that the tax - forfeited land east of 4424 Nevada Avenue was conveyed to the City many years October 20, 2014 ago according to a deed dated August 31, 1973, and recorded September 18, 1973. The deed indicates that the Iand can only be used exclusively as an addition to Fred Sims Park. The addition of the tax -forfeited property added .47 acres to Fred Sims Park. The addition of 4424 Nevada Avenue would add an additional .29 acres, bringing the total park size to 6.25 acres. Mr. Kirk McDonald, city manager, stated the 4424 Nevada Avenue property is zoned R-1 single family residential. He asked whether Council would like to officially declare the property as park property or leave the zoning classification and use the property as park property. Council agreed to designate it "open space" park property and change the zoning classification on the zoning map. Discussion ensued regarding a landscaping plan with native plantings. Mayor Hemken suggested the Citizens Advisory Commission lead the project. Ms. Rader stated commissioner Riley has already held informal conversations with Hennepin Tech students regarding a possible project. Next Ms. Rader addressed an electronic sign at the golf course with potential funding from the temporary financing fund. Ms. Rader spoke of the community- wide value of the recently installed electronic sign at the ice arena. She stated a sign at the golf course is estimated to cost $49,000, and the Lions Club may be willing to donate up to $30,000 towards the cost. She stated the city could advertise Lions Club events as a way to thank the club for their generous donation. She stated another option would be to advertise the Lions Club organization on the scoreboard that will be replaced at the ice arena (scoreboard currently advertises Coca-Cola). Council Member Elder spoke of the Lions Club's generosity and noted they have agreed to provide money to a company that makes bulletproof vests for k -9s. Council Member Lammle suggested the funding for the electronic sign be shared by other budgets. Council directed staff to proceed with acquisition of an electronic sign board at the golf course. Director Rader commented that the Lions Club purchases the fireworks for the annual Duk Duk Daze fireworks. She explained the city contributes $4,000 towards the fireworks, and the Lions Club has inquired whether the city would be willing to purchase the fireworks on a tax exempt basis. City Manager McDonald inquired of any repercussions. City Clerk Leone stated she would consult the city's insurance agent regarding liability. Director Rader explained that the shallow water area at the pool was built in 1992 and updates to the area are currently on the CIP list for 2015 for $350,000. City Council Work Session October 20, 2014 Page 9 She stated initial discussions have taken place with Stantec and staff anticipates seeking bids in early spring with construction to start after the pool closes in August, 2015. Ms. Rader stated the pool is nearly 50 years old and it is necessary to consider long-range plans and identify funding sources. Staff was directed to inform the public regarding the 2015 pool upgrades through an article in the utility bill insert "In the Pipeline". Council :Member Stauner requested a future discussion regarding the longevity of the pool and reasons to replace it. Director Rader updated the Council regarding the condition of the ballfield at Victory Park. She stated the complex was originally built in 1991 and is used extensively by adults from the months of April through October. She stated work was done in 2007 to try to remedy the right field as it had sunk several inches over the years. She explained the area has continued to sink and needs further improvements. She stated the city engineer is taking soil borings and trying to determine the most effective way to fix the problem. She noted the fencing, backstop, lighting and scoreboard will also be evaluated. She stated the 2015 CIP budget has $200,000 for this project. 2015 ENTERPRISE AND :Mayor Hemken introduced for discussion Item 11.8, Discussion regarding 2015 UTILITY FUND enterprise and utility fund budgets. BUDGETS Item 11.8 Mr. Kirk McDonald, city manager, stated Jean McGann of AEM is present to assist with the discussions regarding the enterprise and utility fund budgets. He stated a memo has been prepared by AEM summarizing the funds and providing a snapshot of 2015 proposed expenses. Sanitary Sewer Ms. McGann reported the fund had a cash balance of $118,212 as of December 31, 2013, and AEM is recommending a 3% increase in rates to continue to build a reserve for future system repairs and upgrades. She noted the expenses exceed revenue by $164,000. Mr. Bob Paschke, director of public works, stated the budget increase is due to Met Council's surcharge. He noted IT charges also increased in this budget. Water Ms. McGann stated the fund had a cash balance of $161,992 as of December 31, 2013. Staff recommends a 3% rate increase to help build the necessary operating reserves and future system repairs and upgrades. She stated The original budget included 2015 infrastructure improvements in the amount of $540,000, and with further analysis of the project, that amount has been reduced to $400,000. The budget includes an $119,341 annual repayment to the temporary financing fund from the revenues collected from the new fee implemented to pay for the emergency water supply project. When depreciation is subtracted City Council Work Session October 20, 2014 Page 10 Planning Districts DISTRICT 10 This district is located in the east central portion of New Hope. The Soo Line Rail System is the west and north district boundary. Other boundaries include Crystal to the east and commercially zoned properties to the south. The primary land uses within this district are low density residential, park/recreation, with commercial land uses along 42"d Avenue. The following recommendations are offered for District 10. The low density residential neighborhoods are generally in good condition. The City has identified areas of single family homes along Nevada as a target area for redevelopment. The following strategies will be implemented to address the low density residential areas of District 10- a. Promote property maintenance through private reinvestment through the enforcement of the City's Point of Sale Code Compliance Inspections, Property Maintenance Code, Rental Registration Program, and scattered site housing programs, b, Actively pursue the redevelopment of the poor condition, low densit residential sites along Nevada Avenue between 42nd Avenue and 45 Avenue. Low to medium density residential alternatives are suggested for this area. 2.. The City will actively promote the maintenance of existing multiple family residential properties through the enforcement of its Rental Registration Program and International Property Maintenance Code. 3. The multiple family site south of Fred Sims Park lacks amenities and has stormwater drainage issues. The City will work with the property owner to encourage site improvements and solutions to the drainage problems. 4. District 10 is served by Fred Sims Park. The City will continue to monitor and upgrade the park as needs are presented. 5. If the opportunity presents itself, the Cit;, mai consider the acquisition of the single family home at the southeast cornea of 451 Avenue and Nevada Avenue for its incorporation into Fred Sims Park. City of New Hoe Comprehensive Plan Update -V402 Development Framework 298 349 ml M 32S 517 AMA 7649 7700 4510 R.� 4401 4BO 1 4C41 0.408 Z 4632 494 4641 z 463.3 4M3 �a 4Q4 OM 4546 4616 4626 4625 4632 4533 *24 461 7 4617 B 4509 409 4609 461 Mtti 4601 .M" ut -141 4Q,5 ...1 4421 4424 M .9 "19 - FRED 4313 WMS PMK .A VIA -Irl R4 43ARD AVE N 72 60R.4 4225 Lz:-, 7240 43R 4220 7220 "-+55tr `M4 75-54 C%l 7550 ' Vo 4;'82 7200 4229 7546 7516 754,2 7512 700 7533 So OPB 7180 7140 TIOO 75U 5u C6 1401 4124 11FAICA r741 CB 4M 41L211 41 14A 10% 20 A�' mm Aft BM 1 .....4565 1 w 9-4W 4556 4M 4523 ASI�� T W -V 46SI OM 4546 4640 4641 4632 4533 *24 4526 B 4509 450C 4501 .M" ut -141 4Q,5 ...1 4421 4424 M .9 "19 - FRED 4313 WMS PMK .A VIA -Irl R4 43ARD AVE N 72 60R.4 4225 Lz:-, 7240 43R 4220 7220 "-+55tr `M4 75-54 C%l 7550 ' Vo 4;'82 7200 4229 7546 7516 754,2 7512 700 7533 So OPB 7180 7140 TIOO 75U 5u C6 1401 4124 11FAICA r741 CB 4M 41L211 41 14A 10% 20 A�' mm Aft BM COUNCIL A Request for Action ;AgendaSectionParks Originating Department Approved for Agenda and Recreation June 15, 2015 ession Item No. By: Susan Rader, P&R Director By: Kirk McDonald, City Manager 11.5 Discuss the 4424 Nevada Aven3e.andscape designs created by students from Hennepin Technical College (improvement roe #858) Requested Action Staff requests the City Council discuss the 4424 Nevada Avenue North landscape designs created by students from Hennepin Technical College. The Citizen Advisory Commission (CAC) is recommending a final design that would merge components of Design #4 and Design #2. The materials necessary for the design would be paid for with city funds, the students will donate their time, and the college will donate use of the equipment. Background As a part of their discussions on city beautification, the CAC met with Jay Siedschlaw, an instructor from Hennepin Technical College, in December 2010. Mr. Siedschlaw was intrigued by the opportunity to work on a public project. in the spring of 2011, students were asked to create a design for the west side of the entrance to New Hope city hall as their final project. A final design was selected by the Council and the project was implemented in October 2011 by another class of Hennepin Technical College students. Since the 2011 city hall project was such a success, CAC Chair Rick Riley, worked with Mr. Siedschlaw to have a class of students develop designs for the 4424 Nevada Avenue North site. In the spring of 2013, preliminary plans were shared with the Council but the project stalled until a final decision was made regarding the status of the property — whether to redevelop or re-zone the property as park land. At the February 9, 2015 Council meeting, the 4424 Nevada Avenue North property was re-zoned as park land. Following this decision, Mr. Riley contacted Mr. Siedschlaw and arranged for his students to work developing plans for the space. The class was given some basic guidelines that included items that were important to the neighborhood and other items that were essential for staff. Motion by Second by To: I:1R1FA\ P&R 1 CAC12015 \ Discuss 4424 Nevada Designs.docx Request for action, Page 2 June 15, 2015 A few years ago, staff had sent a survey to several residents in the neighborhood asking them how they'd like to see the property maintained. The majority preferred either a mix of short turf grasses and some natural plantings or a natural landscape composed of prairie grasses and plantings. Items that staff considered essential were: keeping the project cost at $10,000 or less; low/easy maintenance with no expertise needed; minimal long-term maintenance; corner site lines kept clear; grass areas easy to mow with a riding mower; and one level, not terraced. In March 2015, commissioners and staff were invited to Hennepin Technical College for the student's presentations of their designs, which all reflected a great deal of creativity and enthusiasm for the project. Copies of the designs were distributed to the remaining commissioners who were not able to attend the presentations. All five designs were discussed at the CAC meetings in May and June and the commissioners identified the positive and negative components of each. Based on the discussions, there appeared to be more support for Design #4 along with some aspects of Design #2. Commissioners and staff would appreciate hearing the Council's comments regarding the five designs. If the Council is interested in having the CAC move forward with the project, the next step would be to finalize plans with Mr. Siedschlaw during the late summer and early fall. Once the final plan is developed it would be brought to a council meeting for final approval, with implementation taking place in the fall. Funding This project is included in the 2015 CIP and the 2015 Park Infrastructure budget as shared with the Council during 2015 budget discussions. The budgeted amount is $10,000. The college would provide its own trucks, equipment and tools. The city would be responsible for providing funding for the landscaping plants and other materials. Attachments Map and pictures of 4424 Nevada Avenue N. 2011 Survey results Hennepin Technical College student designs Minutes from May 2015 CAC meeting Synopsis of commissioner and staff comments regarding each design I:\RFA\P&RICAC120151Discuss 4424 Nevada Designs.docx North Ma UI [ Saya RESIDENT SURVEY FOR THE FORMER PROPERTY OF 4424 NEVADA AVENUE NORTH In 2010, the City of New Hope had acquired the property located at 4424 Nevada Avenue North. For those who are unfamiliar with the property it was the house located at the Southeast corner of Nevada and 45th Avenue adjacent to Sims Park. The city has looked at a variety of options as to what should be done with the former property now that the home has been removed from the property. Unless the property is redeveloped, the city will maintain the property as if it were adopted into Sims Park. This is where we would like your help. The property exists in your neighborhood and staff feels the residents who enjoy the park would like some say in how this land is maintained. Staff is suggesting three options for the lot located at the South East comer of Nevada Avenue and 45th Avenue. We ask you to select one of the options for the future maintenance/appearance of the park and if you wish, provide us with any other feedback that you feel is important to supplement you decision. It would be acceptable if you wish not to add your name or address. Please fill out the attached form and either mail or drop it off at: New Hope City Hall 4401 Xylon Avenue North Attn: Shawn Markham New Hope, MN 55428 We would like to have all surveys returned by February 19, 2011 If you have any questions please contact city forester Shawn Markham at 763-592-6763. Thank you. L 7- Vnp0-;I 5 &5 rez�z Option l: Maintain the land as Sims Park is currently maintained. This would be predominately turf grasses maintained at 2 %i". This option offers little for animal habitat but provides a manicured appearance. Option 2: rV Mix of short turf grasses and some natural plantings. This option provides some animal habitat and food source for animals and birds, offers some benefit to water quality, and still maintains some form of a manicured appearance. Option 3: Natural landscape composed of prairie grasses and plantings. This option requires the least amount of energy to maintain, offers the greatest benefit to water quality and wildlife. This option will not provide a manicured appearance but will offer an experience/look unique to the park. 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L4 �rl V U O m 0 c 0 � rr� V v Ln 0 L V ti i J Cy b f ♦ r �4 y ti i 4u U 4-j 9% r E E 0 V w 4-0m 4� V ,u 14-1 0 E U m 2 ma c� added that approximately one mile of streets would be completely reconstructed, while the remaining street projects would consist of mill and overlay or edge mill and overlay. Mr. Johnson also reported on the Centra Homes development and the 55=h Avenue water main improvements. He stated that a water main project had been completed in 2013, and explained that two existing water mains would be removed while a new water main from Zealand Avenue would tie into the 2013 project. He added that the size of the Centra Homes development had been reduced slightly to allow for a storm water pond, and noted that the developer hoped to have a model home completed by fall. The Winnetka Avenue quiet zone project was then discussed. Mr. Johnson explained that a barrier would be constructed along the center of the roadway to discourage drivers from going around the railroad stop arms. He also noted that Hennepin County would overlay the entire street following completion of the barrier. Chair Miley thought a project of this type had been completed along Boone Avenue last year. Mr. Johnson replied yes, and noted that the Winnetka Avenue project would be similar to that project, but would not include bike lanes. Mr. Johnson then reviewed potential improvements for Northwood Lake, and informed the commissioners that the city had just been approved for a grant from the Minnesota Pollution Control Agency to assist with this project. He stated that existing storm water currently traveled south from Hopewood Lane into Northwood Lake. He explained that staff had proposed diverting this water to an underground storage tank. A pump house would be constructed to reuse water from the tank to irrigate the ball fields on the east side of Boone Avenue. He added that updates to the playground area had been proposed as well. There was a question regarding the urgency of future infrastructure projects. Mr. Weber replied that he would like to replace more underground piping in the future, due to its age, and commented that the city was working on building up funding for future projects of this type. The commissioners thanked Mr. Weber, Mr. Lemke and Mr. Johnson for their presentations. They excused themselves from the meeting at 7:30 p.m. UPDATE ON 4424 NEVADA Chair Riley reminded the commissioners that students from the Landscape AVE N Design program at Hennepin Technical College had presented design concepts for this property back in March. Those in attendance had included himself, Commissioner Wills, Commissioner Sievert, Mayor Hemken, Ms. Rader, and Shawn Markham, City Forester, Chair Riley mentioned that staff had received input from the neighborhood a few New Hope Citizen Advisory Commission May 12, 2015 Page 4 years ago regarding this site. He stated that they had favored a more natural area that offered low maintenance. Chair Riley reported that five presentations had been given. The commissioners briefly reviewed each of the five concepts. Chair Riley noted that design #1 had suggested the creation of a fenced -in dog park with seating for dog owners. He mentioned that the city currently had three dog parks within its limits. Ms. Rader stated that staff had expressed concern with potential runoff into the holding pond. Commissioner LaBerge felt a dog park did not fit with the natural area the neighborhood was looking for. The commissioners then discussed design #2, which included a large amount of plants. Ms. Rader stated that staff liked the design, including the birdhouses and benches, but felt there might be too many varieties of plants. There was some concern that the arch could be a point of vandalism. Chair Riley inquired about signage. Ms. Rader stated that park signs were being replaced as part of playground projects or other park projects. She added that the signs were made of recycled material, and had recently been replaced at Terra Linda, Little Acre and Lions parks. Commissioner Berry questioned the usability of the space in design #2 without some attractions. Ms. Rader noted that a playground and basketball court were located to the south of this lot. Chair Riley stated that adding plants would reduce the amount of area that would need to be mowed. Chair Riley next reviewed design concept #3, which included a trail constructed of aglime as well as a picnic shelter. Ms. Rader noted that staff was not supportive of the aglime path due to potential runoff. She added that they liked the plantings around the trees, but did not like the metal sign. Commissioner Gates felt the pavilion should be closer to the playground. Design concept #4 was then discussed. New Hope Citizen Advisory Commission. May 12, 2015 Page 5 Ms. Rader noted that staff liked this concept, and felt it offered ,, good variety of plants. She added that staff would prefer a little more grass as well as the use of mulch only around the plants. Chair Riley noted that a budget had not been included with this option. Commissioner Wills wondered about creating a path of lawn with native areas under the trees, Chair Riley noted that design #5 primarily consisted of a bocce ball court. Ms. Rader commented that she liked the idea, but not for that location. Commissioner LaBerge also thought that it was a nice idea, but felt it went against the natural concept, Chair Riley noted that there appeared to be more interest in design #4, along with some aspects of design #2. He stated that he would attempt to contact instructor Jay Siedschlaw regarding the budget for design #4. Ms. Rader suggested finalizing their ideas for design #4 at the next meeting, then forwarding their recommendation to the City Council for review at their work session on June 15. PARK ASSIGNMENTS Park assignments were slightly revised for 2015 to accommodate Commissioner Isenberg. Ms. Rader thanked the commissioners for checking their parks. UPDATE ON ARTS Chair Riley announced that nine people had expressed interest in serving on the COMMITTEE arts committee, and two brief meetings had been held. He stated that the backgrounds of the committee members included Iiterary arts, theatre and dance, graphic arts, and physical arts. He informed the commissioners that goals for the committee included promoting the arts and notifying the community of art events. Chair Riley mentioned that the artists were also seeking places to display their art, and commented that possible ideas included city hall or local businesses, He also mentioned some events that the committee could potentially partner with, including Duk Duk Daze, City Day, and the Farmers Market. Chair Riley stated that he also considered contacting Nextdoor.com to ask if a "neighborhood" of artists could be created. Commissioner Isenberg thought that Nextdoor.com was strictly geographical in nature. Ms. Rader thought that would be a good question for Jerry Beck, Communications Coordinator, who would be attending the June meeting. New Hope Citizen Advisory Commission May 12, 2015 Page 6 Fred Sims - 4424 Nevada Avenue Property Hennepin Tech student designs Design 4 - Entrance Garden Preferred Design good variety of plants + mulch good, but only sue around the plants prefer a little more grass; maybe a path of lawn with native grasses no budget included Design 2 - Northwest Entrance Add components to #4 + like birdhouses and benches + with added plants, less mowing needed too many variety of plants arch would be a point of vandalism usability of space with most "attractions" being further south Design 1- Dog Park already 3 dog parks within city potential run-off into the holding pond does not fit with the natural area the neighborhood wants Design 3 - Trail and shelter + plantings around the trees run-off from aglime path metal sign (currently park signs are being replaced with recycled materials) picnic shelter should be closer to the playground Design 5 - Bocce Ball +/- nice idea, but not in this location Considered Essential Items for Staff Keeping the project at or below $?0,000 Low/easy maintenance with no expertise needed Minimal long-term maintenance Corner site lines kept clear Grass areas easy to mow with a riding mower One level, not terraced