PL 10/07/03PLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Tuesday, October 7, 2003
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
4.1 Case 03-13
Review and Discussion of Temporary Signs in Boulevard Study and
Recommendations From the Citizen Advisory Commission and Codes
and Standards Committee, City of New Hope, Petitioner
5. COMMITTEE REPORTS
5.1
5.2
Report of Design & Review Committee - October 16, 8 a.m.
Report of Codes & Standards Committee
6. OLD BUSINESS
6.1 Miscellaneous Issues
6.2 City Center Task Force - Next meeting on October 9
7. NEW BUSINESS
7.1
7.2
Review/Approval of Planning Commission Minutes of August 5, 2003
Review of City Council Minutes of August 25 and September 8, 2003
8. ANNOUNCEMENTS
9. ADJOURNMENT
· Petitioners are required to be in attendance
Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use. The
Planning Commission will recommend Council approval or denial of a land use proposal based upon the
Planning Commission's determination of whether the proposed use is permitted under the Zoning Code
and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the
surrounding neighborhood.
The Planning Commission holds informal public hearings on land use proposals to enable you to learn,
first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your
questions and comments become part of the record and will be used by the Council, along with the
Planning Commission's recommendation, in reaching its decision.
To aid in your understanding and to facilitate your comments and questions, the Planning Commission
will utilize the following procedure:
1. The Planning Commission Chair will introduce the proposal.
2. City staff will outline the proposal and staff's recommendations and answer any questions from the
Planning Commission.
3. The petitioner is in, vited to describe the proposal, make comments on the staff report, and answer
questions from the Planning Commission.
4. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by
raising their hands. The Chair may set a time limit for individual questions/comments if a large
number of persons have indicated a desire to speak. Spokespersons for groups will have a longer
period of time for questions/comments.
5. When recognized by the Chair, the person wishing to speak is asked to come forward and to give
their full name and address clearly. Remember, your queStions/comments are for the record.
6. Direct your questions/comments to the Chair. The Chair will determine who will answer your
questions.
7. No one will be given the opportunity to speak a second time until everyone has had the opportunity
to speak initially. Please limit your second presentation to new information, not rebuttal.
8. At the close of the public hearing, the Planning Commission will discuss the proposal and take
appropriate action.
Al If the Planning'Commission recommends that the City Council approve or deny a request, the
planning case will be placed on the City Council agenda for the next regular meeting. Usually this
meeting is within one to two weeks of the Planning Commission meeting.
B. If the Planning Commission tables the request, the petitioner will be asked to return for the next
Commission meeting.
Planning Case:
Petitioner:
Address:
Request:
Meeting Date:
Report Date:
PLANNING CASE REPORT
City of New Hope
October 6, 2003
October 3, 2003
03-13
City of New Hope
4401 Xylon Avenue North
Review and Discussion of Temporary Signs in Boulevard Study Recommendations
from the Citizens Advisory Commission and Codes and Standards Subcommittee
I. Request
Staff requests to review and discuss with the Planning Commission the recommendations from the
Citizen Advisory Commission and the Codes and Standards subcommittee on the Temporary Signs in
Boulevard Study. The Commission needs to determine if it is in agreement with the recommendations
or if it wants to modify the recommendations before they are presented to the City Council. The
planning consultant and city attorney will be present to review the recommendations with the
Commission.
II. Background
Enclosed please find information related to the study of temporary signs and the use of the boulevard.
The City Council directed that the Citizen Advisory and Planning Commissions study this issue and take
public comment. Staff has prepared the enclosed information to facilitate the discussion.
Per direction from the City Council and city manager, the Inspections Division of the Community
Development Department, along with the Police Department, has tried to be more proactive on
enforcement issues over the past several years. When inspectors started enforcing the garage sale
sign ordinance this spring, several residents became upset about the enforcement and attended a City
Council open forum. The Council discussed this matter at a work session and directed staff and
commissions to study the issue. The Council also indicated its support for the ordinance and
enforcement, but stated that it felt the ordinance could be clarified by giving a specific distance from
curb for signs (such as 15 feet) rather than using the term "boulevard." It also requested that the matter
of how long a sign can be posted also be studied.
Staff has gathered ordinances and information from other cities on this matter and the planning
consultant and city attorney have prepared reports on this matter, and the information is compiled in the
attached notebook. Also included are all of the public comments that the city has received on this
matter, along with news articles, etc.
II1. Review Schedule
Au.qust 18 CAC Meetinq
On August 18, the CAC conducted the first meeting where public comments were taken on this matter.
The first portion of the meeting was set aside for staff/consultants to explain the purpose of the
meeting, the current ordinance and enforcement procedures, overview of subject and comparisons to
other cities by the planner, and comments from the city attorney on right-of-way. The remainder of the
meeting was devoted to taking public comment on the matter, listening to the viewpoints and
Planning Case Report 03-13 Page I 10/3/03
consolidating the viewpoints presented. Please refer to the minutes in the notebook from the August 18
CAC meeting to review the comments presented.
August 28 Codes and Standards Meetinq
The Codes and Standard Committee reviewed all of this. information at its meeting on August 28. The
committee, staff and consultants recommended some changes:to the original recommendations in
response to some of the comments received from residents. The planning consultant prepared the
attached memorandum and graph on the recommended changes to the sign ordinance as follows:
· Expand the sign area from three square feet in area to six square feet in area and establish a three-
foot height restriction.
· Remove the need to identify the name of the person(s) having the event and require posting the
dates(s) of the event on the sign.
· Reduce the required setback from 15 feet from the back of curb to 10 feet from the baCk of Curb.
· Prohibit signs on vehicles or trailers if parked on a street.
· Reduce the posting time for a sign from three days before the event to one day before the event.
Minor changes were also made to the Definitions section and General Provision-Temporary Uses
section of the zoning code, which is included in your packet.
September 15 CAC Meetin.q
At the September 15 CAC meeting, the recommendations of the Codes and Standards Committee were
reviewed and the CAC recommended approval of the recommendations, with several minor revisions.
No residents were in attendance at the September 15 meeting (see attached 9/t5CAC minutes).
Staff again stated that the directive from the Council was to study and make recommendations on the
"content" of the ordinance and not necessarily focus on how the ordinance is enforced. Many of the
public comments received seem to focus on the "enforcement" issue.
Staff is well aware and in agreement that the regulations for garage sale signs could be better
advertised to make residents better aware of the regulations. Staff would propose that once revisions to
the ordinance are approved by the City Council that they be posted in the city newsletter, on the city
web page and that a flyer be developed that would be available at city hall. Staff would also make a
special effort to start marketing the regulations to residents early next spring so that residents are more
aware of the regulations before the garage sale season starts. The basic message would be "please
contact city hall for more information before you conduct your garage sale." Again, city staff thinks
garage sales are great, we are just asking for the proper placement of signage.
IV. Planners Comments
The attached memorandum from the planning consultant states that the purpose of the New Hope Sign
Code is to protect and promote the health, safety, general welfare and order within the city of New Hope
through the establishment of a comprehensive and content-neutral series of standards, regulations and
procedures. Sign code provisions are also intended to reduce confusion, sign clutter and hazards that
result from unnecessary and/or indiscriminate use of signage devices.
Temporary signs such as garage sale signs and open house signs are prevalent throughout the
community and are frequently placed within the right-of-way or upon public or private property without
consent of the landowner. In addition, such signs are frequently not removed after the contemplated
event.
While recognizing the public need for such signage, the city of New Hope must balance such need with
the interest of affected landowners and the general health and safety of the community. The New Hope
Sign Code restricts the placement of signage within the right-of-way, easements or upon public lands.
Planning Case Report 03-13 Page 2 10/3/03
Placement of signs within the comer visibility triangle or right-of-way impairs sight lines of vehicular
traffic creating a potential hazard.
To ensure uniformity in the application and enforcement of the New Hope Sign Code, the same may be
revised to incorporate regulations as to the placement of temporary signs such as garage sale signs
and open house signs. The attached draft ordinance sets forth definitions for garage sale signs and
open house signs and proposed regulations as to sign size and placement.
A draft ordinance revising the New Hope Zoning Ordinance to permit garage sales as temporary uses
within residential districts is also attached. Such draft ordinance sets forth proposed time limitations for
the number of garage sales that each property may have annually as well as the duration of each
garage sale event.
In drafting the aforementioned ordinances, the planning consultant reviewed ordinance provisions of
various communities throughout the Twin Cities/Metro area relating to garage sale signs and open
house signs. Matrices outlining the results of such review are attached. As indicated on such matrices,
a majority of communities regulate sign size and placement, as well as duration of posting. Most
communities prohibit placement of such signs within the right-of-way, easements, or upon public
property and will remove signs (i) that hinder sight lines, (ii) that are placed within the right-of-way
contrary to regulations, or (iii) that generate a complaint.
The CAC has reviewed the draft ordinances. Public comment at the CAC meeting on August 18
included expressed belief that garage sales were a "symbol of Americana" and "somewhat of a social
event." While acknowledging the safety and public welfare aspects of city regulation of signage, citizens
also expressed concern regarding over regulation, limitation on sign size, sign placement and
enforcement. The Codes and Standards subcommittee has also reviewed the proposed ordinance
change in conjunction with testimony received from the CAC meeting. Through their review and
discussion, the following changes have been made to the draft ordinance:
1. Expand the sign area from three square feet in area to six square feet in area and establish a three
-foot height restriction.
2. Remove'the need to identify the name of the person(s) having the event and require posting the
date(s) of the event on the sign.
3. Reduce the required setback from 15 feet from the back of curb to 10 feet from the back of curb.
4. Prohibit signs on vehicles or trailers if parked on a street.
5. Reduce the posting time for a sign from three days before the event to one day before the event.
On September 15, the CAC met to review the second draft of the garage sale/open house ordinance
amendment. Below are the changes that the CAC recommended during its last meeting. These
changes have been inserted into the ordinance, which is attached for your review. The changes include
the following:
Section 2. 4.c.i. "Such signs shall not exceed six square feet in area or three feet in height. The heiqht
of the si.qn shall be measured from the top of the si.qn to the ground."
Section 2. 4.c. ii. "Such signs shall show, clearly imprinted, the dates (mo/day) or days of the week of
the event and the address of the event."
Section 2. 4.c.viii. "Posting of garage sale signs shall be permitted one day prior to the sale, durinq the
sale event and all such signs shall be removed one day after the garage sale is complete."
Section 2. e. Under Violations, the following will be inserted, "Any sign said to be in violation of this code
may be removed and disposed of by the city."
Planning Case Report 03-13 Page 3 10/3/03
Recommendation
Staff recommends approval of the revisions to the ordinances as attached, per the recommendations of
both the Codes and Standards Committee and the Citizen Advisory Commission.
Attachments: · 9/18/03 NAC Memo
· Proposed Ordinance Amendments
· Summary of Other City Regulations
· Graphic
· 9/15/03 CAC Minutes (Section 7)
· Sign Study Notebook
Planning Case Report 03-13 Page 4 10/3/03
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
NAC File No.
Kirk McDonald
Mike Darrow / Anne Marie Solberg / Alan Brixius
September 18, 2003
City of New Hope
Regulation of Garage Sale Signs and Open House Signs
131.00-03.07
The purpose of the New Hope Sign Code is to protect and promote the health, safety,
general welfare and order within the City of New Hope through the establishment of a
comprehensive and content-neutral series of standards, regulations and procedures.
Sign Code provisions are also intended to reduce confusion, sign clutter and hazards
that result from unnecessary and/or indiscriminate use of signage devices.
Temporary signs sUch as garage sale signs and open house signs are prevalent
throughout the community and are frequently placed within the right-of-way or upon
public or private property without consent of the landowner. In addition, such signs are
frequently not removed after the contemplated event.
While recognizing the public need for such signage, the City of New Hope must balance
such need with the interests of affected landowners and the general health and safety of
the community. The New Hope Sign Code restricts the placement of signage within the
right-of-way, easements or upon public lands. Placement of signs within the corner
visibility triangle or right-of-way impairs sight lines of vehicular traffic creating a potential
hazard.
To ensure uniformity in the application and enforcement of the New Hope Sign Code,
the same may be revised to incorporate regulations as to the placement of temporary
signs such as garage sale signs and open house signs. A draft ordinance outlining
such revision is attached. The attached draft ordinance sets forth definitions for garage
sales signs and open house signs and proposed regulations as to sign size and
placement.
A draft ordinance revising the New Hope Zoning Ordinance to permit garage sales as
temporary uses within residential districts is also attached. Such draft ordinance sets
forth proposed time limitations for the number of garage sales that each property may
have annually and well as the duration of each garage sale event.
In drafting the aforementioned ordinances, NAC reviewed ordinance provisions of
various communities throughout the Twin Cities/Metro area relating to garage sale signs
and open house signs. Matrices outlining the results of such review are attached. As
indicated on such matrices, a majority of communities regulate sign size and placement,
as well as duration of posting. Most communities prohibit placement of such signs
within the right-of-way, easements, or upon public property and will remove signs (i) that
hinder sight lines, (ii) that are placed within the right-of-way contrary to regulations, or
(iii) that generate a complaint.
The Citizen Advisory Committee has reviewed, the draft ordinances. Public comment at
the Citizen Advisory Committee meeting of August 18, 2003 included expressed belief
that garage sales were a "symbol of Americana" and "somewhat of a social event".
While acknowledging the safety and public welfare aspects of City regulation of
signage, citizens also expressed concern regarding over regulation, limitation on sign
size, sign placement and enforcement. The Codes and Standards subcommittee of the
Planning Commission has also reviewed the proposed ordinance change in conjunction
with testimony received from the Citizen Advisory Committee meeting. Through their
review and discussion, the following changes have been made to the draft ordinance:
1)
Expand the sign area from three (3) square feet in area to six (6) square feet
in area and establish a three (3) foot height restriction.
2)
Remove the need to identify the name of the person(s) having the event and
require posting the date(s) of the event on the sign.
3)
Reduce the required setback from fifteen (15) feet from the back of curb to
ten (10) feet from the back of curb.
4) Prohibit signs on vehicles or trailers if parked on a street.
5)
Reduce the posting time for a sign from three (3) days before the event to one
(1) day before the event.
On September 15, 2003, the Citizen Advisory Committee met to review the second
draft of the garage sale / open house ordinance amendment. Below are the changes
that the Citizen Advisory Committee recommended during their last meeting. These
changes have been inserted into the Ordinance, which is attached for your review. The
changes include the following:
Section 2. 4.c.i. "Such signs shall not exceed six square feet in area or three feet in
height. The heiqht of the sign shall be measured from the top of the sign to the ground."
Section 2. 4.c.ii. "Such signs shall show, clearly imprinted, the dates (mo/day) or days
of the week of the event and the address of the event."
Page 2
Section 2. 4.c. viii. "Posting of garage signs shall be permitted one (1) day prior to the
sale, during the sale event and all such signs shall be removed one (1) day after the
garage sale is complete."
Section 2. e. Under Violations, the following will be inserted "Any sign said to be in
violation of this Code may be removed and disposed of by the City."
c. File
Page 3
CITY OF NEW HOPE
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE AMENDING SECTION 3-40 OF THE
NEW HOPE BUILDING AND SIGN REGULATIONS
Section 1. Section 3-40(b)(2) (Sign Code - Definitions) of the NEW HOPE BUILDING
AND SIGN REGULATIONS is hereby amended by inserting the following definitions in
appropriate alphabetical order:
Sign, bench means a sign located on the seat or back of a bench or seat placed
on or adjacent to a public right of way.
Sign, directional mean asign displayed on private property for the purpose of
assisting the flow of pedestrian or vehicular traffic including, but not limited to,
directional or identification signs for restrooms, freight entrances.
Sign, garage sale means a readily removable sign displayed on private property
that is used for identifying a sale of household items.
Sign, open house mean a readily removable sign displayed on private property
announcing the proposed sale or rental of property.
Section 2. Section 3-40(f)(4) (Sign Code - Permitted Signs/Public Convenience and
Directional Signs) of the NEW HOPE BUILDING AND SIGN REGULATIONS is hereby
deleted in its entirety and replaced with the following:
(4) Public convenience and directional signs.
Bench Signs. Signs or courtesy bus benches not exceeding twelve
(12) square feet subject to a valid bench permit issued per subsections
6-16(a) through 6-160) of this Code.
Directional Signs. Directional signs shall be permitted subject to the
following:
i. Such signs shall not exceed two square feet in area.
ii. All signs shall be placed upon private property and shall not be
located on public lands or within any easement or right-of-way.
Garage sale signs. Garage sale signs shall be permitted subject to the
following:
i. Such signs shall not exceed six square feet in area or three feet
in height. The height of the sign shall be measured from the top
of the sign to the ground.
ii. Such signs shall show, clearly imprinted, the dates (mo/day) or
days of the week of the event and the address of the event.
iii. Such signs shall be setback a minimum of ten (10) feet from the
back of the curb.
iv. Such signs shall not be located on municipal property or upon
property owned by the school district.
v. No signs shall be posted on utility poles, fences or trees.
vi. No signs shall be posted on vehicles or trailers located on the
street.
vii. All signs that are posted on property other than the premises on
which the sale is conducted shall have permission from the
property owner.
viii. Posting of garage sale signs shall be permitted one (1) day prior
to the sale, during the sale event, and all such signs shall be
removed one (1) day after the garage sale is complete.
Open House Signs. Open house signs shall be permitted subject to
the following:
i. Such signs shall not exceed six square feet in area or three feet
in height.
ii. Such signs shall show, cleady imprinted, the dates (mo/day/yr)
of the event and the address of the event.
iii. Such signs shall be setback a minimum often (10) feet from the
back of the curb.
iv. Such signs shall not be located on municipal property or upon
property owned by the school district.
v. No signs shall be posted on utility poles, fences or trees.
vi. No signs shall be posted on vehicles or trailers located on the
street.
vii. All signs that are posted on property other than the premises on
which the sale is conducted shall have permission from the
property owner.
viii. Open house signs may be posted only during the open house
event.
Violations. Violations of this Section shall be a petty misdemeanor.
Persons violating this Section may be fined in addition to other
penalties for code violations allows by this Code. Any sign said to be
in violation of this Code may be removed and disposed of by the City.
Section 3. This Ordinance shall be in full force and effect from and after its passage
and publication according to law.
PASSED this
day of September 2003 by the New Hope City Council.
By:
W. Peter Enck, Mayor
Attest:
By:
Valerie Leone, City Administrator
CITY OF NEW HOPE
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE AMENDING SECTION 4-2(b) and SECTION 4-3(h)
OF THE NEW HOPE ZONING ORDINANCE
Section 1. Section 4-2(b) (Definitions) of the NEW HOPE ZONING ORDINANCE is
hereby amended by inserting the following definitions in appropriate alphabetical order:
Garage sale(s) means the offering for sale to the general public of over five (5)
items of personal property on any portion of a lot in a residential zoning district,
whether within or outside any building.
Section 2. Section 4-3(h) (General Provisions - Temporary Uses) of the NEW HOPE
ZONING ORDINANCE is hereby amended by inserting the following new paragraph (5)
after the existing language:
(5) Temporary uses not subject to license or permit. The following temporary uses
shall not require a permit or license and shall be permitted in all residential
zoning districts subject to the specified conditions.
Garage Sales.
i. No more than three (3) garage sales are permitted on one property per
calendar year.
ii. The duration of each garage sale shall not exceed three (3) consecutive
days.
iii. Garage sale signs must comply with the provisions of the City of New
Hope Building and Sign Regulations.
Section 3. This Ordinance shall be in full force and effect from and after its passage
and publication according to law.
Attest:
PASSED this
day of September 2003 by the New Hope City Council.
By:
W. Peter Enck, Mayor
By:
Valerie Leone, City Administrator
Number
Duration
Regulated
Sale si~
Privam Prope~
wi pemission
Right of way
Easemen~
Public Prope~
Setback Eom
Number Limit m_.
Size limit
Posting
Removal -.
C'~ Removal
m
z
OZ
~ ~eal Es~ vs.
Open House Signs
Sale si~
Priva~ Prope~
w/pe~ission
Right of way
Easemen~
Public Prope~
Se~ack ~om
Number limit
Posting
Ci~
Removal
m
rn
Z
..~
0
m
City of New Hope
MEMORANDUM
To:
From:
Date:
Planning Commission.
Kirk McDonald, Director of Community Development
October 3, 2003
Subject:
MisceUaneouslssues
NOTE: The purpose of this miscellaneous issues 'memo is-to-provide commissioners with
additional detail on CounciI/EDA/HRA actions on Community DevelOpment related issues or
other city projects. It is not required reading and is optional information provided for your review,
at your discretion.
September 8 Council Meetin.q - At the September 8 Council meeting, the Council took action on
the following planning/development/housing issues:
· Project #733, Resolution supportin.q city of New Hope's Metropolitan Council
predevelopment .qrant application for soft costs associated with the potential
redevelopment of property located at 5620 Winnetka Avenue: Approved, see attached
Council request.
· Project #749, Resolution supportin.q PPL's Metropolitan Council predevelopment .qrant
application for costs associated with the potential development of city-owned properh~
located at 5501 Boone Avenue: Approved, see attached Council request.
· Project #753, Motion authorizinq staff to neqotiate the potential purchase of 5500
Winnetka Avenue based on its appraised value of $180,000: Authorization granted, see
attached Council request.
· Project #731, Resolution approvin.q plans and specifications for the 9200 49th Avenue
regional pond; orderina advertisement for bid-: Approved, see attached Council request.
Project #685, Resolution approving sale of 7105 62"d Avenum Approved, see attached
Council request.
Project #677, Motion to proceed with a written offer to purchase the fire damaqed four
plex apartment buildin.q located at 8113 Bass Lake Road for the property owner'~
requested price of $286,190.28: Council not in agreement with purchase price, directed staff
to continue to negotiate with property owner.
Ordinance establishinq a re.qistration process for private alarm systemm Approved, see
attached Council request and ordinance.
Resolution adoptin.q preliminary tax-supported budqets for 2004 and establishinf-
preliminary tax levy for the year payable 2004: Approved, see attached Council request.
Resolution establishin.q public hearinc~ on =roposed 2004 budqet: Approved, see attached
Council request.
September 22 Council Meetinq - At the September 22 Council meeting, the Council took action
on the following planning/development/housing issues:
· Project #755, Motion authorizing staff to obtain an appraisal of 5440 Winnetka Avenue:
Approved, see attached Council request.
· PC03-01, Resolution approvin.q time extension requested by Navarre Corporation to file
final plat: Approved, see attached Council request.
PC03-07, Resolution approving time extension requested by David Thompson to fil~
final plat: Approved, see attached Council request.
· Resolution approvin.q special leqislation .qoverninq the use of tax increment financin.q
by the city within a desiqnated area of the city: Approved, see attached Council request.
· Resolution authorizinq the issuance and sale of health care facilities revenue bonds (St
Therese Home, Inc. Project), in one or more series, and authorizinq the execution of
necessary documents: Approved, see attached Council request.
Codes and Standards Committee - The Codes and Standards Committee met on August 28 to
review the Sign Code issues related to signs placed in the boulevard. The Committee forwarded
its recommendations to the Citizen Advisory Commission for consideration on September 15, and
the CAC adopted the recommendations, which are now before the Planning Commission for
consideration.
Staff will be requesting to schedule another Committee meeting in October/November to discuss
the following items:
A. Transit Shelters -Two things occurred since the Planning Commission reviewed this matter,
which have delayed staff taking the ordinance and agreement to the Council:
1) Outdoor Promotions has contacted staff and said they want additional changes in both
the ordinance and the contract.
2) U.S. Bench strongly opposes giving up its sites for shelters and wants the city to pursue
"sharing the sites" to accommodate both benches and shelters at the sites.
City staff will be meeting on a staff level to discuss these issues and reviewing similar
ordinances approved by the city of Roseville and will then coordinate a Committee
meeting.
B. Minor Code Amendments - The city attorney has prepared an ordinance addressing minor
code amendments previously discussed by the committee. Staff wants the committee to review
the final ordinances before proceeding to the full Commission and City Council.
C. Miscellaneous - There are several other miscellaneous code issues that staff wants to discuss
with the committee in the future.
Desi,qn and Review Committee - The Design and Review Committee did not meet in
September. The deadline for the November Planning Commission meeting is October 10.
Committee members will be notified regarding the status of the meeting. Staff expects applications
from Dakota Growers (Creamettes), and possible application for a townhouse development on the
Franks Nursery site, Culvers at 42n~ and Quebec, a CUP for Thunder Alley Speedway, and a
single family garage addition/curb cut variance.
o
10.
11.
Future Applications - Future applications or businesses
include:
· Culvers and office condo project, 42nd and Quebec
· St. Joseph's Church residential development
· Dakota Growers (Creamettes) expansion
· Ryland/East Winnetka
· CVS/West Winnetka
· AC Carlson new development
· Independence Avenue
· Collisys- amend CUP
that staff is currently working with
City Center Task Force Update - The task force held an open house on September 18, which
was well attended by the public. Many positive comments were received. The task force will be
meeting again on October 9. Please refer to attached "Development Update" narrative and map.
Livable Communities Study - Staff is working with developers on all four target sites and will
update the Commission at the meeting. Please refer to attached "Development Update" narrative
and map.
Project Bulletins -Attached are project bulletins regarding the 2003 backyard drainage project
and the Highway 169 noise wall.
Proiect Updates:
· Navarre Corporation - construction to start soon.
· Plymouth Heiqhts Pet Hospital - construction started.
· St. Joseph's Church- construction continuing.
· Woodbridqe- construction to start this fall.
· Sinclair- construction of Phase 1 to start this fall.
Planninq/CouncillEDA Minutes - Enclosed are meeting minutes for your review.
If you have any questions on any of these items, please feel free to contact city staff.
Attachments:
Frank's redevelopment
PPL development at 5501 Boone Avenue
5500 Winnetka Avenue potential purchase
9200 49th Avenue regional pond
7105 62"d Avenue sale
8113 Bass Lake Road potential purchase
Alarm ordinance
Budget resolutions
5440 Winnetka Avenue obtain appraisal
Final plat extension for Navarre
Final plat extension for Thompson New Hope Addition
Special legislation on use of TIF funds
St. Therese bonds
Project Bulletin
Minutes
Development update narrative and map
R QUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 9-8-03 Consent
By: Kirk McDonald, Director of CD Item No.
& Ken Doresk¥, CD Specialist By:
RESOLUTION SUPPORTING CITY OF NEW HOPE'S METROPOLITAN COUNCIL PREDEVELOPMENT
GRANT APPLICATION FOR SOFT COSTS ASSOCIATED WITH THE POTENTIAL REDEVELOPMENT OF
PROPERTY LOCATED AT 5620 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. ~
ACTION REQUESTED
Staff is requesting Council approval of the attached resolution supporting the city of New Hope's Metropolitan
Council Predevelopment Grant Application for soft costs associated.with the potential redevelopment of
property located at 5620 Winnetka Avenue North, the Franks Nursery site. The concept proposal is for the,
construction of 56 market rate ownership town homes and was supported bY the EDA on September 23, 2002.
The project had stalled in pdvate negotiation for several months, but now appears to be progressing.
The purpose of this one-time predevelopment grant is to assist reinvestment activities that support housing
production in cases where plans are completed but necessary support to implement the plans is not available.
The initiative builds on the regional reinvestment strategy that encourages redevelopment, infill and adaptive
reuse. When this one-time grant program opportunity became available, staff wanted to take the initiative to
submit an application for an upcoming potential market rate housing project. It was staff's idea to submit an
application for the Frank's site and staff requested permission from the developer to submit a grant application
forthis project. If approved, grant funds would be used for soft costs such as legal fees, financial analysis
costs, survey fees, appraisals or costs associated with environmental testing. The grant application, which is
still in process of being completed, will be submitted by the deadline of September 15 and the request will be
inthe allowable range of between $30,000 and $50,000.
POLICY/PAST PRACTICF
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within
the city. The City Council has been addressing this goal through the city's many development activities,
including coordinating with potential developers on the redevelopment of property. In the past, the city has
~rovided resolutions of support for grant submissions.
BACKGROUND
On September 23, 2002, the New Hope EDA considered Master Development's concept proposal for the
_P_~ocated at 5620 Winnetka Avenue North, the Franks Nurse~osaI was for the
MOTION BY SECOND BY
TO:
Request for Action -- Page 2 _ _-_- ' 9-8-03
construction of 56 market rate ownership town homes. The EDA was generally supportive of the proposal and
directed staff to continue coordinating with the developers on the potential redevelopment of this site. Staff has
met with the developers a number of times over the past several months. The project had stalled in private
negotiation, but now appears to be progressing. Back in September 2002, the developers were requesting TIF
assistance and this predevelopment grant, if awarded, could offset a portion of the requested assistance.
The developers approached staff with this proposal prior to the developer's roundtable portion of the Livable
Communities initiative conducted in June 2002. The developers did participate in the roundtable process and
the redevelopment proposal was reviewed and recommended by the Livable Communities Task Force. Due to
the fact that the developers began working on the project prior to the roundtable, they requested that the
proposal be presented to the EDA for concept consideration prior to other Livable Communities development
proposals. As stated previously, the concept was considered in September 2002 and the EDA directed staff to
continue coordinating with the developers.
In August 2002, Krass Monroe, the city's financial consultant, reviewed the request on a preliminary basis and
provided the attached analysis. The analysis shows that'the project could generate enough revenue that the
city could consider some development assistance. The analysis will be revised to show current acquisition
costs if the developer and property owner agree upon a purchase price.
In 2000, the city received a Metropolitan Council Livable Communities Grant to study redevelopment
opportunities in the roughly quarter-mile area encircling the intersection of Winnetka Avenue North and Bass
Lake Road. In 2001 and 2002, the Livable Communities Task Force studied redevelopment opportunities
within the designated area. In 2002, the Council accepted ithe task force study. In February 2003, the Council
selected developers for each study area site including the proposal for the subject site, but excluding the West
Winnetka site. Staff continues to coordinate with developers in the Livable Communities Area.
In 1998, the Council passed a resolution approving' the city of New Hope Comprehensive Plan Update. In
1999, the Metropolitan Council approved the Comprehensive Plan Update. In the plan, the city was broken
down into several planning districts. Planning District 6 is the district where the subject property is located.
Planning District 6 is bordered by Winnetka Avenue North to the west, C.P. Rail system to the south and the
city of Crystal to the east and north._
The Comprehensive Plan targeted several areas in the city for redevelopment. Recommendations for Planning
District 6 include an aggressive strategy for enhancing the character of Bass Lake Road and the pursuit of
building renovation and/or redevelopment north of Bass Lake Road as conditions permit. Also, according to
the Comprehensive Plan and Life Cycle Housing Study, owner-occupied town homes is the type of housing
that is needed in the city.
On July 28, 2003, the Council approved Ordinance No. 03-17, extending the ban on development in all four
Livable Communities Task Force Study areas, until July 31, 2004. This ban includes the subject property.
Staff recommends approval of this resolution.
FUNDING
The grant funds will be used for soft costs such as legal fees, financial analysis costs, survey fees, appraisals
or costs associated with environmental testing. The grant application will be submitted by the deadline of
September 15 and the request will be in the allowable range of between $30,000 and $50,000.
ATrACHMENT~
· Resolution
Location, Zoning, Topographic and Building Permit Moratorium Maps
Proposed Site Plan and Building Elevation
Krass Monroe Analysis
Predevelopment Grant Application
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Predevelopment Grant Information
Funding Available: $300,000
Funding Source: Family Housing Fund and Minneapolis Foundation
Application Deadline: September 15, 2003 by 4:30 p.m.
Date of Awards: November 12, 2003
Purpose: The purpose of this one-time predeveiopment grant fund is to assist reinvestment
activities that support housing production in cases where plans are completed but necessary
support to implement the plans is not available~ This initiative builds on the regional
reinvestment strategy that encourages redevelopment, infill, and adaptive reuse.
Eligible Applicants: Application for predevelopment grants that support housing production is open to
all cities, counties, and townships in the seven-county metropolitan area. Preference will be given to
LCA participants, but is not required for consideration.
Eligible Uses of Funds:
Funded elements must directly contribute to implementation of an eligible reinvestment project,
including the following:
· Soft costs and professional services such.asJegal, title, financial analysis, architectural and
engineering design, Project management, modeling and mapping, tax credit fees. marketing and
advertising, survey fees, inspections, appraisals, and environmental testing
· Costs associated with securing other funding sources and preparing other grant proposals, except
grant proposals for Metropolitan Council programs
Ineligible Uses of Funds:
· Activities prior to award of grant
· Construction costs
· Master and Comprehensive Planning activities and related design workshops or other public
involvement techniques. (These should be complete or nearly complete.}
· Local permits, licenses or other fees such as perk dedication
· Operating expenses, salary costs and developers fees
Amount of Awards: Awards are expected to average $30,000 - $50,000.
Application Procesa: Submit the application and required attachments using ONE of the following
methods. This application is available online (see ~ / rants/ reclev/info.htm You
will receive confirmation of receipt of the application by staff.·).
E-mail application and ali
OR attachments to: mellesa,mandemchiedOmstc, stste.mn.us
Submit 6 Paper copies of the application and attachments to:
Meliasa Mandemchied
Metropolitan Council
Meare Park Centre
230 East FNth Street
St. Paul, MN 55101
May21,2003
Questions: Please direct questions related to the application end review process to Melissa
Manderschied at melissa.man~lerschied(~metc.state.mn.u~ or 651.602.1126, All other cluestions
related to the grant should be diracteci to Robin Caufman at robin.capfrnan('~,metc.state.mn.us or
651.602.1457.
Selection Process: A staff'team will evaluate complete proposals using the following selection cntena
and make recommendations to the Council for funding through the Community Development
Committee.
Selection Criteria: Applications will be ranked based on how well they address or incorporate the
following selection criteria, as applicable to the site or project.
Proiect Readiness and Level of Commitment
· Requires that the community has completed its comprehensive plan and is addressing
recommendations cited in the Metropolitan Council's review OR the plan is under review by the
Metropolitan Council
· Requires that the community has completed, or has well underway, its master plans, site plans
and/or development plans
· Requires that the community's comprehensive plan amendments are completed or under review by
the Metropolitan Council, if necessary
· Provides evidence in the application of local political commitment for the project
.... .Planned Outcomesof Project DeveloDmei~;
· Balances residential, commercial, workplace, and public/green spaces within and adjacent to the
site
· Delivers reinvestment and revitalization through redevelopment, adaptive reuse, or infill
development that supports housing Production
· Considers existing infrastructure, buildings, facilities and development centers, particularly along
existing transportation corridors, through reinvestment and public incentives
· Considers the natural environmental including restoration of natural features, reduction in
impervious surfaces, management of stormwater, connection to trails, and Provision of green
spaces
· Incorporates effective public involvement and partnerships
~tate Pro'ect evelo ment
.... ~,,a,.,~ ur regulatory tOOls and techniques to overcome barriers to redevelopment
· Leverages funding sources or techniques to assist in covering the cost of redevelopment, infill or
adaptive reuse
· Helps overcome time-sensitive impediments
· Strengthens methods, not listed above, to move the Project to redevelopment
Required Attachments: Attach the following additional information to the back of the application, in
8.5" x 11' format. Do not attach a coversheet, page(s) or use any graphic images on top of the
application form.
· Site plan showing immediate context, location of existing and planned buildings, streets or other
improvements, pedestrian access and open/public spaces
· Resolution of Support.
One copy of related Master Plan, if applicable
Vicinity Map: Contact your Metropolitan Council Sector Representative (651.602.1312 or
http://www, metrocouncil.orglplanning/assistan
vicinity map showing n~eCt i...-,;__ . .ce/sectorreps.htm) before
· · ,-.--J -~a~ugn; lanne . . ,- ..... ,.~, ,:, 2003 for a
P d land use, and ~o
reg rial context. This will be the only
vIcInity map reviewed by the staff team. Reviewers will use this map to determine conformance with
applicants' comprehensive plan and regional plans.
REQUEST FOR ACTION
Originating Depar[ment Approved for Agenda Agenda Section
Community Development 9-8-03 Consent
By: Ken Doresky, Community Item No.
Development Specialist By:
RESOLUTION SUPPORTING PROJECT FOR PRIDE IN LI¥1NG'S METROPOLITAN COUNCIL
PREDEVELOPMENT GRANT APPLICATION FOR COSTS ASSOCIATED WITH THE POTENTIAL
DEVELOPMENT OF CITY-OWNED PROPERTY LOCATED AT 5501 BOONE AVENUE NORTI-
('IMPROVEMENT PROJECT NO. 749)
ACTION REQUESTED
Staff is requesting Council approval of the attached resolution supporting- Project-for-Pride irt Living's"(PPL)
Metropolitan Council Predevelopment Grant Application. The purpose of this one-time predevelopment grant is
to assist reinvestment activities that support housing production in cases where plans are completed but
necessary support to implement the plans is not available. The initiative builds on the regional reinvestment
strategy that encourages redevelopment, infill and adaptive reuse. According to the information provided by
PPL, the grant funds will be used to:
· Conduct geotechnical engineering and design a foundation system due to poor soils;
· Create a stormwater management solution that addresses issues within and beyond the development;
· Improve the design to take advantage of the area's natural, location and social features;
· Possibly develop a shared parking agreement to address North Ridge's parking situation;
· Complete due diligence;
· Pursue additional funding sources; and
· Defray costs associated with creating marketing materials.
PPL is not requesting any city dollars, only approval of the attached resolution necessary to apply for Met.
Council predevelopment funding.
On June 23, 2003, the New Hope EDA considered PPL's concept development proposal for the city-owned
property at 5501 Boone Avenue North. The EDA was generally supportive of the proposal because a portion
of the project would meet CDBG guidelines and the city would not need to reimburse Hennepin County for
CDBG funds used to ac, quire a portion of the property. The EDA directed staff to continue coordination witi'
PPL on the potential future sale and subsequent redevelopment of the property. Staff plans to bring revised
plans to the EDA for consideration orr September 22.
MOTION BY
' SECOND BY
TO:
I:\RFA\PLANNING\Housin.\~n4 ~
_Request for Action Page 2 ' 9-8'-05
*POLICY/PAST PRACTICE
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within
the city. The City Council has been addressing this goal through the city's many development activities,
including coordinating with Potential developers on the sale and redevelopment of city-owned property.
In the past, the city has been -requested to approve similar resolutions in multi-partner redevelopment projects.
As the Council is aware, projects of this size require a vadety of funding partners and usUally require the
expertise of an experienced development agency, such as PPL. Often times, other jurisdictions and agencies
approve funding, contingent upon the city's consent and project participation.
BACKGROUND
On June 23, 2003, the New Hope EDA considered PPL's concept development proposal for the city-owned
property at 5501 Boone Avenue North. The EDA was generally supportive of the proposal and directed staff to
continue coordination with PPL on the potential future sale and subsequent redevelopment of the property. On
August 11, staff received the attached correspondence from PPL requesting that the City Council consider a
resolution of support for a Met. Council Predevelopment Grant.
On June 17, 2003, staff received the initial development proposal from PPL for the site. The proposal is
currently being revised from one 70-unit residential building including thirty-five (35) owner-occupied
condominiums and thirty-five (35) affordable rental units to two separate buildings, one containing forty-one
(41) ownership units and the other containing thirty-five (35) affordable rental units.
The EDA acquired. 5501 'B&&-ne-A~,~h'u-e-~nd a-po~fi0n of't-he property at 542,~ BoOne Avenue in 19~3~' ti'~;oUgh
eminent domain proceedings, - with the intent to convey the property to CareBreak for the construction of an
adult day care facility on the site. The total acquisition cost was $376,764 and the city used $100,000 in CDBG
(Community Development Block Grant) funds towards a portion of the acquisition. In 1995, the city approved a
plan for the construction of an adult day care center on the site and approved a rezoning of the property from
I-1 to R-5, subject to the project proceeding. The project did not proceed, the rezoning did not take effect, and
the land was not conveyed to CareBreak. '-
In 1997, the city executed a Land Disposition and Third Party Agreement with Hennepin County. The Third
Party Agreement shifted the responsibility/authority for developing the site from the city to the EDA. The Land
Disposition Agreement states that the property must be utilized for the development of an adult day care
facility or some other "CDBG eligible' use. If the property is not utilized for a 'CDBG eligible" use, the CDBG
funds must be repaid to the county or a portion of the land's sale price must be paid to the county. In 1999,
Minnesota Masonic Homes, Inc. purchased the North Ridge Care Center and CareBreak was impacted by the
acquisition. In 2000, a three-year extension was granted on the Land Disposition Agreement. The extension
expires in October 2003. CareBreak since indicated that they would not be proceeding with the development
of an adult day care center on the site. The EDA needs to find a suitable use for this property and ideally it
would be a use that qualified under CDBG guidelines so that those funds could remain in the project. Staff
contacted Hennepin County and determined that the original PPL development, as proposed would
quality as CDBG eligible. Staff believes the revised proposal would also qualify and will follow-up with the
county.
Staff plans to bring revised plans to the EDA for consideration on September 22.
Staff recommends approval of this resolution.
FUNDING
PPL is not requesting any City funds, only approval of the attached resolution necessary to apply for Met.
Council predevelopment funding. The total amount PPL is requesting from the Met. Council is $91,500 for the
following items:
Re~luest for Action Page 3
· Geotechnical Engineering: $15.000
· Foundation Design (Pilings & Grade Beams: $10.000
· Stormwater Management & Landscape Design: $20.000
· Sharing Parking Agreement: $ 5.000
· Transit Oriented Development: $ 5.000
· Registered Land Survey and PUD Approval: $15.000
· Common Interest Community Creation: $12.500
· Hennepin County HOME Application: $ 4.000
· Marketing Materials for Condo Sales: ~ 5,000
$91.500
ATTACHMENTS
· Resolution
· Location Map
· PPL Correspondence. 8-11-03
· Predevelopment Grant Application
· Plans
9-8-03
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REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 9-8-03 Consent
Item No.
By: Kirk McDonald, Director of CD
& Ken Doresk¥, CD Specialist By:
MOTION AUTHORIZING STAFF TO. NEGOTIATE .THE POTENTIAL PURCHASE OF 5500 WINNETKA
AVENUE NORTH BASED ON ITS APPRAISED VALUE OF $180,000 (IMPROVEMENT PROJECT FILE 753)
, ACTION REQUESTED
Staff recommends approval of a motion authorizing staff to negotiate the potential purchase of property
located at 5500 Winnetka Avenue North based on its appraised value of $180,000. A letter has been received
from the property owder indicating a desire to sell the property. The;Property is located within 'the Livable
Communities East Winnetka Study Area.
In the near future, staff will be coordinating a'm~e'ting with the ci:ty attorney, financial redevelopment consultant
and relocation consultant to discuss the timing of acquiring the remaining properties in the area and bring that
recommendation to the City Council.
POLICY/PAST PRACTICF
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within
the city. The City Council has been addressing the residential portion of this goal through the city's many
housing activities, including acquiring properties from willing sellers in areas designated for redevelopment in
the Comprehensive Plan. When a Property-owner submits a letter of interest to the city, a request is presented
to the City Council for authorization to complete an appraisal. The city is required by law to pay fair market
value when acquiring property. Normally, fair market value is determined from a property appraisal.
The city has been acquiring properties on a voluntary basis in the Winnetka/Bass Lake Road/Sumter Avenue
area for potential future redevelopment purposes. Over the past several years, the city has acquired a total of
seventeen (17) properties in this area. The city is currently negotiating the purchase of 5512 Winnetka Ave. N.
BACKGROUND
On August 11, the Council authorized staff to obtain an appraisal of the subject property. Forsythe Appraisals,
Inc, completed the appraisal and determined the property's value to be $180,000. On July 30, the city received
the attached correspondence by e-mail from the subject property owner requesting that the city consider
~urchasing the property. The correspondence is dated July 30, 2003. The property is located within the Livable
Communities East Winnetka Study Area and in Planning District 6.
MOTION BY SECOND BY
TO:
Re~luest for Action Page 2 9-8-03
In 1998, the council passed a resotution-appr0ving the city of New.ope-Comprehensive Plan Update. In
'1999, the Metropolitan Council approved the Comprehensive Plan Update. in the plan, the city was broken
down into several planning districts. Planning Distdct 6 is the district where the Winnetka, Bass Lake Road
and Sumter properties_that the city has been pursuing over the past few years are located. Planning Distdct 6
is bordered by Winnetka Avenue North to the west, C.P. Rail system to the south and the city of Crystal to the
east and north. ~.- - . .
The Comprehensive Plan targeted several areas in the city for redevelopment: Recommendations for Planning
District 6 include the acquisition and redevelopment of sites located along the south side of Bass Lake Road,
in the Bass Lake Road extension area and along the east side of Winnetka Avenue North between 5340
Winnetka Avenue and Bass Lake Road. As referenced in the-Comprehensive Plan Update, the
recommendation to redevelop this area is intended to alleviate poor housing cond!tions, improve access onto
Winnetka and Bass Lake Road and more fully utilize the land.
In October 1999, the New Hope Economic Development Authority directed staff to contact residents along the
east side of Winnetka Avenue North, between 5430 and 5550~to inquire if there Was any interest in voluntary
sales of these properties to the city. In March 2002, the Council directed staff to contact twenty (20) residents
in Planning District 6 to again inquire if there was any interest in voluntary sales of these properties to the city.
Since purchase solicitation letters were distributed, the city has purchased ten (10) of the seventeen (17) lots
along the east side of Winnetka Avenue North and seven (7) properties along Sumter Avenue North and in the
Bass Lake Road extension area (attached, please see a map of city-owned properties in Planning District 6).
In 2000, the city received a Metropolitan Council Livable Communities Grant to study redevelopment
opportunities in the roughly quarter-mile area encircling the intersection of Winnetka Avenue North and Bass
Lake Road. In 2001 and 2002, the Livable Communities Task Force studied redevelopment opportunities
within the designated area. In 2002, the Council accepted the task force study. In February 2003, the Council
selected developers for each study area site based on proposals, except the west Winnetka site. Staff
continues to coordinate with developers in the Livable Communities Area.
The Hennepin County Estimated Market Value for the property is as follows:
o Hennepin County
o Taxes payable 2003, estimated market value: $143,000 ($48,000 Land & $95,000 Building)
On April 14, 2003, the New Hope City Council directed staff to consider utilizing services of a firm other than
the appraisal firm that had been completing many residential property appraisals for the city, due to several
discrepancies in previous appraisals. On May 22, staff and the city attorney met with Forsythe Appraisals, Inc.,
to discuss possible appraisal services. Forsythe Appraisals has considerable experience in completing
appraisals and acquisition activities for governmental agencies in redevelopment areas. At this time, staff will
utilize the services of Forsythe Appraisals, Inc. In the past, Forsythe has completed appraisals for the city and
performed in a responsible manner.
The property has a lot width of 90 feet and depth of 330 feet measuring a total of 29,700 square feet. The
appraiser obtains this information for Hennepin County. Staff feels that the property depth is error at Hennepin
County and should be consistent with the other property depths in the area at 285 - 290 feet. The home is a
two level rambler. The home was constructed in 1952. Per the appraisal, "the subject property is an average
quality two bedroom rambler. The interior is in average condition and has average appeal. The basement is
appox. 82% finished. The floor plan and size of the dwelling are typical for the area."
Staff recommends that the Council authorize staff to negotiate the potential acquisition of this property based
on the appraised value of $180,000. If negotiation is successful, staff will return to the Council with a purchase
price for consideration including a request to Proceed with the preparation of a purchase agreement. At a later
date, a purchase agreement would be Presented to the Council for consideration. If a purchase of the property
is completed, staff would attempt to sell the home to a house mover, demolish the foundation and restore the
site to a maintainable condition. The property would then be landbanked in Preparation for future.
Request for Action
I~ge 3 ' 9-8-03
redevelopment of the area. Staff has indicated to the property owner that because this would be a voluntary
sale, no relocation benefits would be paid. The property owner would be required to sign a relocation waiver.
FUNDING
The subject property is located in an area where TIF funds can be expended. TIF funds would be used for
property acquisition and associated holding costs. Dudng the 2003 State Legislative Special Session, the city's
TIF special legislation was passed. Staff is coordinating with Krass Monroe, the city's financial consultant to
facilitate the necessary steps for implementation.
A'I-rACHMENTS
Appraisal
· Property Owner Correspondence, 7-30-03
· Location Map
· Topographic Map
· Planning Distdct 6 - City Ownership Map
· Hennepin County Parcel Data
· Hennepin County Information Provided by Appraiser- Regarding Lot Size
· Comprehensive Plan References - Planning Distdct 6
""' East Winnetka. Study Ama..-. planning District 6 \t'
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RE( UEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development september 8, 2003- Consent
Public Works
Item No.
By: Kirk McDonald
Guy Johnson By: _
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE 9200 49TH AVENUE NORTH REGIONAL
POND; ORDERING ADVERTISEMENT FOR BIDS - IMPROVEMENT PROJECT 731
REQUESTED ACTION
Staff recommends approval of the resolution approving the 9200 49th Avenue North regional pond plans and
specifications and ordering the advertisement for bids.
POLICY/PAST PRACTICE - -. .....
The City Council routinely approves plans and specifications and the advertisement for bids for public improvement
projects.
BACKGROUND
The improvement is a new regional water quality pond that is part of the city's 1986 Surface Water Management
Plan, a sediment pond, and a channel to connect the two ponds.
As the City Council is aware, with the development of the 9200 49th Avenue property, the City will be proceeding
with the construction of a regional storm water pond at that site. The city engineer has prepared plans and
specifications and staff is requesting that the Council approve the plans and authorize staff to advertise for bids on
the project. Bids would be opened on October 1, 2003, and presented to the Council for consideration on October
13, 2003. The city acquired both temporary and permanent access easements for the construction and maintenance
of the pond through the development approval and land sale process.
FUNDING
The construction cost for the ponding improvements is estimated at $304,000. Funding will be from the Storm Water
Fund and the proceeds generated from the sale of the south portion of the city property to the Plymouth Heights Pet
Hospital.
ATTACHMENTS
Engineer's memorandum, advertisement for bid, bid form, the resolution, site plan and permanent/temporary
easements.
MOTION BY SECOND BY
TO:
J:rfa\PubWorks~003\731 9200 49th Pond Pla"'~"S ecs
Bonestroo
Rosene
Ander/ik &
Assodates
Engineers & Architects
MEMO
TO:
Kirk McDonald
FROM:
CC:
DATE:
Vince Vander Top, Jason QuiSberg
Mark Hanson, Guy Johnson, Dale Reed, Tom Schuster
September 2, 2003
SUBJECT: 9200 49ta Avenue Pond Improvements
' OurFileNo: 34-98-820
Plymouth Heigths Pet Hospital is proceeding with improvements to the southern portion
of 9200 49~a Avenue. The City has retained the northern 1/3 of the lot to construct storm
water pond improvements. The attached plans and cost estimate address this
improvement.
The project is divided into three pans:
Pan #I - The construction of the regional pond at 9200 49~ Avenue.
Pan #2 - The construction of a sediment pond adjacent to Collisys Electric
Pan #3 - The construction of a channel along/through the wetland to connect the
storm water ponds.
All parts are consistent with the City Surface Water Management Plan. The construction
9200 49~ Avenue pond is now proposed in conjunction with the Pet Hospital
construction. A temporary easement has been maintained through the Pet Hospital
property for the pond construction. /t is efficient to construct the other two parts at the
same time.
The project construction costs are estimated as follows:
Engineers
#1
#2
#3
9200 49a Avenue Regional Pond
Collisys Sediment Trap
Wetland Channel
Total Estimate
$258,07O.OO
$ 36,055.OO
$ 9,925.OO
$304,050.OO
It is recommended that the Council discuss these plans and authorize the advertisement
for bids. This project could be constructed in the Jate fail if conditions remain dry.
Otherwise the project will be constructed in the winter. Bids would be received on
October l, 2003.
2335 West Highway 36 · St. Paul, MN 55113 · 6S1'636-4600. Fax: 651-636-1311
ADVERTISEMENT FOR BIDS
Scaled bids will be received by thc City of New Hope, Minnesota in the City Hall at 4401 Xylon
Avenue North, until 1:30 P.M., C.D.S.T., on Wednesday, October l, 2003, at which time they
will be pubUc]y opened and read aloud for thc furnishing of all labor and materials and all else
necessary for the following: -
9200 49'~ Avenue Pond Improvements - CRv P~oiect No. $97, BRA File 34-9g-$2~
Consisting of the following appwximate quantities:
13,000 CY
1 LS
I LS
1,000 LF
24 CY
Pond Excavation and Disposal
Clearing and Grubbing
Erosion Control, Native Seeding, Trees and Shrubs
Channel Grading
Rip Rap
Plans and specifications, bid forms and contract documents may be seen at the office of thc City
Clerk, New Hope, Minnesota, and at thc office of Bonestroo, R°sene, Anderlik & Associates,
Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, MN//5113, (651) 636-4600.
Plans can be also purchased with a credit card over the interact from our website at
www.bonestroo.com.
Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee,
certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least
five percent (5%) of the amount of the bid, which shall be forfeited to the City in the event that
thc bidder fails to enter into a conuact.
The City Council reserves the right to retain the deposits of the three lowest bidders for a period
not to exceed 60 days after the date and time set for the opening of bids. No bids may be
withdrawn for a period of sixty (60) days after the date and time set for the opening of bids.
Payment for the work will be- by cash Or check.
Contractors desiring a copy of the plans and specifications and bid forms may obtain them from
thc office of Bonestroo, RoSene, Anderlik & Associates, Inc., upon payment of a
non-refundable fee of $45.00. See "Information to Bidders" for plan/specification fee policy.
Thc City Council reserves the right to reject any and all bids, to waive irregularities and
informalities therein and further reserves the right to award the contract to the best interests of
thc City.
Daniel Donahue, City Manager
City of New Hope, Minnesota
34-98-820
2003 Bmeumo.
~u~l~tli~ & Assom~.. Jac.
- ADVE~I~,T FOR BIDS
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Vacate the north §.0'
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feet as drainage and
utility easement. Re-
dedicate the south 5.0'
as street, drainage, and
utility easement.
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Line "A"
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Easement
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2. Block 1, Brandefl Inclustrial Park 2nd Addition, according to the recorded plot thereof,
Hennepin County, Minnesota
~ROPOSED PARCEL "A"
All that part of said ~ot 2 lying north of the following descrbed line A, be in ·
on the west line. of .said lot 2, 157.00 f -,,,*,unce o! l~B. O0 feet.
in an easterly d~recbon oral · _eat sou.th of the northwes g mn.g .at o_point
P lei w~th the north hne of said lot 2 ,,t
t e ce o, o, assumed bearing thence
of S4214'56"E a distance of 52.05 feet. thence in on
easterly direction Porale/I with the north line of said lot 2 o distance of 35.00 feet to the
east line of said lot 2. lgS. 00 feet south of the northeast corner of said lot 2 and there
terminating.
~--~--~OPOSEO PARCEL "B"
All that part of said ~ot 2 lying south of the following descrbed line A. beginning at o point
on the west line of said lot 2. 157.00 feet south of the northwest corner of said lot 2. thence
in an easterly direction parallel with. the north line of said lot 2 o distance of 1BB. O0 feet.
thence on on assumed bearing of $42'14'56"E a distance of 52.05 feet, thence in on
easterly direction parolell with the north line of said lot 2 a distance of 35.00 feet to the
e~st line of said lot 2. 195.00 feet south of the northeast corner of said lot 2 and there
ter~'nin sting.
...... 'EASEMENT SKETCH/DESCRIPTION Sones!rca
_ NEW HOPE, MINNESOTA FIGUREI Rosene
~ Anderlll¢ &
9200 49TH AVENUE N. ItllAsSoclatw.~
Line
b -
IANENT
ACCESS'
EASEMENT
Southeast corner
Block 1.
49th AVENUE:
DESCRIPTION OF SUBJECT PROPERT~ /
Lot 2. Block 1, Brandell Industrial Park 2nd Addition, according to the recorded plat thereof,
Hennepin County, Minnesota
PROPOSED PARCEL "A"
Ail that part of said Lot 2 lying north of the following descrbed line A, beginning at o point
on the west line of said lot 2. 157.00 feet south of the northwest corner of said lot 2. thence
in an easterly direction parallel with the north line of said lot 2 a distance of 188.00 feet,
thence on an assumed bearing of S42'14'56"E o distance of 52.05 feet. thence in an
easterly direction paraiell with the north line of said lot 2 o distance of 35.00 feet to the
east line of said lot 2, 195.00 feet south of the northeast corner of said lot 2 and there
terminating.
=~OPOSED PARCEL "B"
All tl~at part of said Lot 2 lying south of the following descrbed line A, beginning at a point
on the west line of said lot 2. 157.00 feet south of the northwest corner of said lot 2. thence
in an easterly direction parallel with the north line of said lot 2 a distance of 188;00 feet.
thence on an assumed bearing of S42'14'56"E a distance of 52.05 feet. thence in an
ecs[erly direction poralell with' the north line of said lot 2 o distance of 55.00 feet to the
east line of said lot 2. 195.00 feet south of the northeast corner of said lot 2 and there
:erminating.
EASEMENT SKETCH/DESCRIPTION 8one$croo
l"l Rosene
- ~ An¢erlilr &
NEW HOPE, MINNESOTA FIGURE 2 IL/! Associates
9200 49TH AVENUE N.
En~Ine4r~ &
9200-49TH-EAS£.DWG DATE: MAY 2003 COMM.- 34GEN
REQUEST FOR ACTION-
Originating Department Approved for Agenda Agenda Section
Community Development 9-8-03 Public Headn~/
By: Ken Doresky, Community Item No.
Development Specialist By:
PUBLIC HEARING: RESOLUTION APPROVING SALE OF 7105'62~ AVENUE NORTH (IMPROVEMENT
PROJECT NO. 685)
ACTION REQUESTED
This is a public hearing for Council consideration of the attached resolUtion approving the sale of 7105 62n~
Avenue North to Steven R. Dufour. The unit currently being sold is the north/adaptable unit (please see
attached survey certificate). -
POLICY/PAST PRACTICE
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within
the city. The City Council has been addressing the residential portion of this goal through the city's many.
housing activities, including partnering with different agencies and orga.nizations on housing projects and
selling those projects to Scattered Site Housing Program eligible buyers. State law requires that a public
hearing be held for the sale of public property.
.BACKGROUND
On August 25, 2003, the Council approved a resolution scheduling a public hearing to sell the city-owned
property located at 7105 62'~ Avenue North. The unit currently being sold is the north/adaptable unit (please
see survey certificate). Attached please find a memorandum from Paul Sigurdson, Counselor Realty,
recommending that a public hearing be conducted for the sale of 7105 62'~ Avenue North. Also attached,
31ease find a purchase agreement for the property. Marketing is underway for 6151 Louisiana Avenue North,
the south/accessible unit.
On August 14, 2000, the city purchased 7105 62nd Avenue North from a willing seller for $103,000 for
residential redevelopment purposes. On March 26, 2001, the Council directed staff to remove the existing
house and proceed with the development of a new accessible twinhome in partnership with the Northwest
Communities Revitalization Corporation (NCRC). On November 13, the Council directed staff to see~
proposals from professional design firms for the development of accessible twinhome plans and specifications.
On January 28, 2002, the Council awarded the design proposal to Project for Pride in Living, Inc. in the Iow-
quote amount of $8,000. On July 22, the Council approved the house plans and directed staff to solicit bids for
the project. On September 23, the Council awarded a construction contract to the Iow-bidder, BCB
Construction, Inc. in the amount of $346,926. On November 25, the.__Council authorized staff to obtain
MOTION BY SECOND BY
TO:
Request for Action
Page 2 9-8-03
appraisals of each unit to determine the sale prices. On December 9, the Council approved the marketing plan
and sale prices. On January 27, 2003, the Council approved the mortgage structure for the property. Dunng
the spring, staff completed an administrative lot split of the property per City Code. On June 23, the Council
approval a motion authorizing final payment to BCB Construction, Inc. for completion of the city contract for
the construction of this twinhome. On July 9, staff held an oPen house for the property.
On December 9, the Council approved the Northwest Community Revitalization Corporation (NORC)
marketing plan and sales pdces for the units. The sales price is $185,000 for each unit consistent with the
appraised value. Again, the subject unit for this request is the adaptable unit at 7105 62"~ Avenue North. The
household has been determined to be eligible by Hennepin County. The prospective buyer, a first-time
homebuyer, has a degenerative back problem and is on permanent social security disability. The buyer's
elderly mother will be permanently residing at the property. Staff feels that the household is an excellent match
for the adaptable unit.
Sale Information
7105 62°~ Avenue North -Adaptable Unit 6151 Louisiana Avenue North - Accessible Unit
First Mortgage $157,500 First Mortgage $157,500
Hennepin County HOME Second $ 27,500 Hennepin County HOME Second $ 27,500
Mortgage/Down Payment Assist. Mort=nage/Down Payment Assist.
Total/Appraised Value $185,000 Total/Appraised Value $185,000
The prospective buyers have indicated that they will be in attendance at tonight's public hearing. A closing has
been scheduled for September 9.
Staff recommends approval of this resolution.
FUNDING
This project is located in an area where TIF funds can be utilized. CDBG funds were used to acquire the
property, remove the foundation and prepare the site. CHDO HOME funds in the amount of $60,500 have
been secured for this project for down payment assistance. Construction costs will be funded by the sale of
the property.
..ATTACHMENTR
1. Resolution
2. Survey Certificate
3. Location Map
4. Counselor Realty Correspondence, 7-28-03 & 7-30-03
5. Social Security Disability Information
· Purchase Agreement
· Marketing Plan
· Public Hearing Notice
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" I QUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 9-8-03. __ Development & Planning
Item No.
By: Kirk McDonald, Director of CD
& Ken Doresk¥, CD Specialist By:
MOTION TO PROCEED WITH A WRITTEN OFFER TO PURCHASE THE FIRE DAMAGED FOUR-PLEX
APARTMENT BUILDING LOCATED AT 8113 BASS LAKE ROAD FOR THE PROPERTY OWNER'S
REQUESTED PRICE OF $286,190.28 (IMPROVEMENT PROJECT NO. 677)
ACTION REQUESTED
Staff requests Council consideration of a motion authorizing staff to proceed with a written .offer to purchase
the fire damaged four-plex apartment property located at 8113 Bes~ Lake Road for the property owner's
requested price of $286,190.28. Ultimately, the owner is seeking $365,000,-but will be receiving $78,809.72 m
an insurance settlement, therefore is requesting the difference of $286,190.28 from the city. The requested
total of $365,000 is $26,000 more than the appraised value of $339,000 completed by Forsythe Appraisals on
August 7, 2003. The property is currently vacant and uninhabitable, therefore relocation benefits would not be
applicable in this transaction. If the property were occupied, staff estimates that approximately $80,000 (4
apartments x $20,000) in relocation benefits would need to be paid in addition to the purchase pdce.
The property owner has asked that if the requested terms are not acceptable to the Council, that an exemption
be considered to Ordinance 03-17, an ordinance amending Section 1.5(I) regarding the temporary prohibition
on all construction and development within the four. study areas identified by the Livable Communities Task
Force adopted on July 28, 2003.
POLICY/PAST PRACTICF
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within
the cCity. The City Council has been addressing the residential portion of this goal through the city's many
housing activities, including acquiring properties from willing sellers in areas designated for redevelopment in
the Comprehensive Plan. The city is required by law to pay fair market value when acquiring property.
Normally, fair market value is determined from a property appraisal.
BACKGROUND
On June 20, 2003, the four-plex at 8113 Bass Lake Road bumed and staff posted the property uninhabitable.
The property is located in the southwest quadrant of the.Livable Communities Redevelopment Area. On July
8,staff met with Wade Klick, property owner who verbally indicated to city staff that he was willing to explore a
3ossible sale of the subject property to the city. Based on Mr. Klick's request, the city manager authorized staff
to obtain an a raisal of the rc e . Fora he raisals, Inc, corn leted the attache~
MOTION BY
-- SECOND BY
TO:
Request for Action Page 2
determined the property's estimated market value to be $339,000 in repaired condition.
9-8-03
The owner has requested that the city consider purchasing the property for $286,190.28. Ultimately, the owner
is seeking $365,000, but will be receiving $78,809.72 in. an insurance settlement, therefore is requesting the
difference of $286,190.28 from the city. The requested total of $365,000 is $26,000 more than the appraised
value of $339,000. On August 28, the owner submitted the__attached.written correspondence stating:
"1 am willing to sell the property located at 8113 Bass Lake 'Road` to the city of New Hope for $286;190.28,
which is equal to a $365,000 purchase price - $78,809.72, which will be paid by MSl Insurance to myself.
Currently, there are four similar properties available for sale in New Hope/Crystal. They are smaller buildings
with the least expensive being offered at $390,000."
Furthermore, the owner stated, "If these terms are not acceptable to the city, I would like a vadance to fix the
building up. If this offer is acceptable, I would like to remove improvements i.e.: boiler, appliances that still
remain, cabinets, etc..."
On June 20, a fire occurred at the subject property. An estimated 75% of the building was damaged by tire,
smoke and water. According to the building official, the building can be rebuilt.
On June 23, the Council approved Ordinance 03-12 extending the temporary prohibition of all construction and
development within the four study areas identified by the Livable Communities Task Force. The ban includes
the application for and issuance of building permits under Chapter 3 ~of the City Code (excluding .permits.for-
routine maintenance and repairs), text changes, variances, conditional use permits and rezoning requests
under Chapter 4 of the Code and subdivision requests under Chapter 13 of the Code for any construction,
use, development or subdivision of all residential and commercial zoned properties in the-subject areas. The
prohibition is effective for one additional year, until July 31, 2004. On July 28, 2003, th® Council passed a
motion approving Ordinance 03-17 correcting minor typing errors in the odginal Ordinance No. 02-09: An
interim ordinance establishing a temporary prohibition on all construction and development within four study
areas identified by the Livable Communities Task Force. NO 'building' permit applications were affected by
these minor errors.
Although this extension would permit the city to deny any requests for building permits (excluding routine
maintenance and repair) within the described areas, it would not prevent any property owner from approaching
the city with a request to exempt a property or proposed improvement from the moratorium. Property owners
that desire to make substantial home improvements have the option of requesting an exemption to the
ordinance before the City Council. Up to this point, one (1) exemption has been requested. Michael
Tomaszewski, owner of 5434 Winnetka Avenue North requested an exemption for a 396 sq. ft. addition to the
west portion of his home. On August 26, the Council denied the property owner's request and directed the city
attorney to prepare findings of fact. On September 23, the Council approved the findings of fact.
On July 3, the city attorney mailed a letter to the owner of the subject property (see attached) describing his
options. On July 8, staff met with the owner to discuss the options. It was at this meeting that the owner
indicated that he would be agreeable to working with the city on a possible sale of the property.
On January 9, 2002, staff received a request to explore the potential purchase of 8115 Bass Lake Road, the
single-family home located directly adjacent to the subject property. The owner was a member of the Livable
Communities Task Force and through her involvement submitted the request. While considering the proposal,
on January 28, the Council directed staff to contact the two (2) four-plex owners to the east, veterinary clinic to
the west and the apartment complex to the south to inquire about the potential purchase and redevelopment of
all the sites. At the time, the veterinary clinic was not interested in acquiring 8115 Bass Lake Road for
expansion purposes, but did indicate that they may be interested in moving to a new facility in the Livable
Communities redevelopment area. The Park Acres Apartments located to the south was interested in
residential redevelopment of the combined Properties at this location. Currently, the developers of Park Acres
are proposing the Livable Communities golf course site residential redevelopment project and replacement
Request for Action Page 3 9-8-03
rental housing project that would utilize the subject property. And finally, the two (2) four-plex owners did not
respond.
On March 11, 2002, the Council passed a motion to not pursue the potential purchase of 8115 Bass Lake
Road. The Council declined the purchase citing: no plan was in place, the Livable Communities Task Force
had not completed the redevelopment study, the lack of citY-owned property in th® area and unwillingness of
some neighboring property owners to consider redevelopment.
In May 1999, the previous owner of the subject property contacted the city requesting consideration of
financial assistance to improve the property. The EDA did not think that the property was worth city investment
and directed staff to inquire if the owner would be willing to sell the property for redevelopment purposes. The
owner responded in February 2000 that they would be interested in exploring a potential sale of the property to
the city. On February 14, the EDA authorized staff to obtain an appraisal of the property. An appraisal of the
property was completed on February 29 by BCL Appraisals, Inc. listing the estimated market value at
$171,000. On March 27, the EDA authorized staff to negotiate a pOtential purchase of the property for the
appraised value. Staff could not reach a successful negotiated purchase pdce and according the Hennepin
County records the property sold in August of 2000 to the current owner for $177,000;
In 2000, the city received a Metropolitan Council Livable Communities Grant to study redevelopment
opportunities in the roughly quarter-mile area encircling the intersection of Winnetka Avenue North and Bass
Lake Road. in 2001 and 2002, the Livable Communities ..Task Force studied redevelopment opportunities
within the designated area~_!n 2002, the Council accepted the_ task force study. Itl February 2003, the Council
selected developers for each study area site based on proposals, except the west Winnetka site. Staff
continues to work with the developers on revised plans, including an affordable rental housing plan intended to
replace affordable units that may be lost at the site adjacent to the golf course. The subject property is
included in the affordable rental unit replacement plan.
The Hennepin County Estimated Market Value for the property is as follows:
· Taxes payable 2003, estimated market value: $212,000 ($60,000 land & $152,000 building)
On April 14, 2003, the New Hope City Council directed staff to consider utilizing services of a firm other than
the appraisal firm that had been completing many residential property appraisals for the city, due to several
discrepancies in previous appraisals. On May 22, staff and the city attorney met with Forsythe Appraisals, Inc.,
to discuss possible appraisal services. Forsythe Appraisals has considerable experience in completing
appraisals and acquisition activities for governmental agencies in redevelopment areas. At this time, staff will
utilize the services of Forsythe Appraisals, Inc. In the past, Forsythe has completed appraisals for the city and
performed in a responsible manner. Forsythe completed this appraisal.
In 1998, the Council passed a resolution approving the city of New Hope Comprehensive Plan Update. In
1999, the Metropolitan Council approved the Comprehensive Plan Update. Per the Comprehensive Plan, the
subject property is located in Planning District 4. The distdct is of mixed use with every land use present
except I, Industrial. The property is a four-plex rental unit and is zoned R-3, Medium Density Residential. The
property is surrounded by R-1, single-family residential to the west, R-3, Medium Density to the east and south
and faces Bass Lake Road to the north. The. Comprehensive.Plan states, 'the medium density four-plex units
located along Bass Lake Road display poor building condition. Renovation or redevelopment is recommended
for these sites."
The property has a lot width of 80 feet and depth of 240 feet measuring a total of 19,200 square feet. Each
unit is 899 sq. ft., therefore the building has 3,596 sq. ft. gross living area. The home was constructed in 1960.
The appraisal states that it is being made "subject to completion of repairs".
RECOMMENDATION
Staff recommends that the Council strongly consider the acquisition of this property for the owner's requested
purchase price of $286,190.28 for the following reasons:
Request for Action Page 4 9-8-0~' -
Although the total pdce desired by the owner is $365,000, $26,000 more than the appraised value, the
asking pdce from the city would be $286,190.28, $52,809.72 less than the appraised value. The
difference of $78,809.72 would be obtained by the owner through an insurance settlement.
· The property is vacant and uninhabitable, therefore relocation benefits would not be applicable.
The property has been damaged by fire and is located in the building permit moratorium area. An
estimated 75% of the building was damaged by fire, smoke and water. According to the building
official, the building can be rebuilt if an exemption to Ordinance 03-17, an ordinance amending Section
1.5(I) regarding the temporary prohibition on all construction and development within the four study
areas identified by the Livable Communities Task Force, is approved by the Council.
· The property is located in Planning District 4 of the city's Comprehensive Plan and the plan states: "the
medium density four-plex units located along Bass-Lake Road display, poor building condition.
Renovation or redevelopment is recommended for these sites..'
· The property is located in an area identified by the Livable Communities Task Force for future
redevelopment. Replacement affordable housing has been proposed for the site to replace housing
lost at the Boisclair condominium building proposed to be constructed at the Bass Lake Road
apartment site located immediately west of the city's golf course clubhouse and the New Hope golf
course.
If the owner's requested price is approved, a purchase agreement would be presented to the Council for
consideration. If a purchase of the property is completed, staff would demolish the remaining structure and
restore the site to a maintainable condition. The property would then be landbanked in preparation for future
redevelopment of the area.
FUNDING
The subject property is located in an area where Tlr funds can'be expended. Tlr funds would be used for
property acquisition and associated holding costs. During the 2003 State Legislative Special Session, the city's
TIF special legislation was passed. Staff is coordinating with KraSs Monroe, the city's financial consultant to
facilitate the necessary steps for implementation.
ATTACHMENTS
· Property Owner Correspondence, 8-28-03
· Appraisal
· City Attorney Correspondence, 7-3-03
· Location Map
· Topographic Map
· Aerial Map
· Ordinance 03-17
· Building Permit Moratorium Area Map
· Replacement Housing Concept Plan
· Hennepin County Parcel Data
· Comprehensive Plan References - Planning District 4
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~,. P. PAIL SYSTEM
RE( UEST FOR ACTION
By:
Onginalir~g DepaFaneni
Police
Gary B. Link, Director of Police By:
Approved for Agenaa
September 8, 2003
Agenoa Section
Ordinances & Resolutions
Item No.
10.1
ORDINANCE NO. 03-05, AN ORDINANCE ESTABLISHING A REGIsTRATiON PROCESS FOR PRIVATE ALARM
SYSTEMS
REQUESTED ACTION
Staff is requesting the City Council approve adoption of an ordinance providing for the registration of private alarm
systems, specifying the duties of alarm users and alarm companies, providing for fees and penalties for violations of this
cocle, ancl providing procedures for monitoring this ordinance and enforcement of it.
.P. OLIC¥1PAST PRACTICF
The city enacts rules and regulations in the form of ordinances intended to improve general safety, and effectively and
efficiently deliver services consistent with achievement of ~ city's strategic goals.
BACKGROUND
Upon reviewing the calls-for-service data supplied to the Council for the liquor license renewal process, the Council
became aware of large numbers of false alarms the Police Department had responded to during the past year. The West
Metro Fire Rescue District Board had given that agency direction to form a response to the significant number of false
alarms they responded to.
At the March 17, 2003, Council work session, Police Department staff Presented information showing that the New Hope
Police Department responded to an average of 900 false alarm cells each calendar year for the past five years. Staff also
presented information showing that the minimal annual cost for the Police Department to respond to these false alarms is
approaching $7,000. West Metro Fire Rescue responds to over 200 false alarms annually at a cost approaching $38,000.
At the June 9, 2003, Council meeting, staff presented the ordinance. Community feedback and Council discussion
resulted in staff being directed to remove the annual registration fee requirement for single residences. This change and
tecnnical corrections have been incorporated into the revised ordinance presented to you at this time.
The Council also directed staff to work with the city of Crystal to adopt this ordinance for the PUrpose of consistency for
West Metro Fire Rescue covering both cities. The Crystal city manager and police chief have ~lecided not to replace their
ex,sting ordinance at this time due to budgetan/constraints.
The purpose of the ordinance is to encourage the effective use of alarm systems. Mechanical malfunctions and operator
error account for the vast majority of false _alarms. This ordinance requires that alarm system equipment meet established
MOTION BY
~ SECOND BY
TO:
-- I:\rfA\POLICE~q.alarm ordinance.doc
RCA page 2
Septemper 8, 2003 *
industry standar0s and spec/ties the duties of alarm users, alarm installation companies, and alarm monitoring services.
The rec/uJrements of the ordinance are intended to make certain alarm systems are mec~aniceli¥ reliable and increase
user proficiency in an effort to reduce ttm numtmr of false alarms ~at police and fire ser~flces respond to.
Alarm systems are effective devices in notifying emergency services that a problem exists, however, mechanical
malfunctions and improper operator use lead to the expenditure and waste of shrinking resources for police and fire
services. The ordinance includes provisions for the assessment of fees for excessive false alarms an0 alternative service
levels if correction of the alarm problem does not occur.
At the Council's direction, the New Hope Police Department and West Metro Fire Rescue District have Incorporated
provisions for both emergency services into this ordinance and have worked with the City Attorney's Office during the
creation of this ordinance. Recommendations from the False Alarm Reduction Association and the National Burglar ancl
Fire Alarm Association model ordinances have been incorporated.
Information ai~out this ordinance has been communicated to resio~gs and businesses through the Police Department
TIPS newsletter, the utility Pipeline, the City Report, Business Link, city wabsite, and Post PublicationS. Upon approval by
tt~e Council, information about the ordinance w|ll I:~ communlceted again using the same communication devices.
Director of Police Gary Link and West Metro Fire Rescue District Chief Dana Alexon support enacting this ordinance.
ATTACHMENTS
Ordinance No. 03-05
-1 :\RFA~POLICE~,q-alarm orclinance. Cloc
ORDINANCE NO. 03-05
AN ORDINANCE AMENDING THE NEW HOPE CITT CODE
BY ESTABLISHING A REGISTRATION PROCESS
FOR PRIVATE ALARM SYSTEMS
The City Council of the City of New Hope ordains:
Section 1. Section 8-34 "Reeistration of Pr/yarc Alarm SYstem.o"is hereby added to the New
Hope City Code to read as follows:
Sec. 8-34. Registration of Private Alarm Systems.
(a) Purpose. The purpose of this section is to promote and maintain the operational
effectiveness and rehability of private alarm systems, reduce or eliminate false alarms and prevent
unnecessary responses by the New Hope police and the West Metro Fire-Rescue District unduly
diverting them from other law enforcement and fire protection activities. Nothing herein shall be
construed to impose any duty on the New Hope police department or the West Metro Fire-Rescue
District to respond to alarm dispatch requests, limit the discretion of the police department or fire
district to establish response policies, or waive any applicable governmental immunities. The city
council of the city of New Hope hereby makes the following findings to regulate alarm systems
within the city:
O)
(2)
The police department and fire district's response to false alarms has placed
an intolerable burden upon the time and resources of both departments.
The police department's response to false alarms unduly diverts law
enforcement resources from legitimate crime prevention and law enforcement
activities. The rue district's response to false alarms unduly diverts/ire
enforcement from legitimate fire protection and prevention activities. This
threatens the health, safety and welfare of the city of New Hope and its
citizens.
(b) Scope. Section 8-34, ct al., governs alarm systems intended to summon /ire
protection and law enforcement response and thereby requires alarm system registration, establishes
fees, provides for penalties and feos for violations, establishes a system of administration, and sets
conditions for suspension of police response and fire response.
(c) n-~ Defi"nt'ti°ns' The following definitions are specific to New Hope Code subsection $.
34 and are ot appncable to any other sections of this Code:
(1) AlalTn ~dmini__ql.~_to_~ The dir~tor of police, or d~ignee, is responsible for
the administration, control, and review of the city's false police alarm
reduction efforts. The fire chief of the West Metro Fire-Rescue Dismct. or
designee, is responsible for the admin/strafion, conlrol and review of the
city's false fire alarm reduction efforts.
~ The business ofanyindividual, parmership, corporation, or
other entity revolving the selling, leasing, maintaining, sera-icing, r~aifing,
altering, replacing, moving, monitoring, or installing any alarm s.v~tem at an
alarm site located within the city or causing to be sold, leased, maintained,
serv/ced, repaired, altered, replaced, moved, or installed any alarm system in
or on any building, structure, facility,- or other alarm site located within the
city. Specifically included in this ordinance and the provisions of it art
indivi_cluals, partnerships, corporations, or other entities performing alarm
system monitoring services.
Alarm Dispatch Req,e~: Notification to a law enforcement agency or fire
department that an alarm, either manual or automatic, has been activated at a
particular alarm site.
(4)
~: A single fixed premise, building, slructure, facility, or location
s~ved by an alarm system. Each tenant's space within a multi-tenant
building or complex, if served by a separate system, shall be considered a
separate alarm site.
(5)
~lllll.~,~!~: An assemblyofequipment devices including, but not limited
to: systems interconnected with a radio frequency method such as cellular or
p.nv~.e radio signal, arranged to emit or ~t a remote or ....
v~sual, or electroni,. 0;-.,.~ :-.,:-_-_._. . local auaible,
,..__ '. ~,~,,-, mmcaung an alarm condi.;
m~ perso~lnel are e,Jrn,,~,,,,4 to .......... ,u,, m walcn police or
---r~--.-,,=apona mcluamg, but not limited to, fire,
,,a ,o mo'
, uamon monoxlae n,,-,,;,~;,,, ----,-'- , nltor
~nd/tmn not related to the detection of a fire o- __:a_er. g .e~.cies, o.r any o~her
~ ~te or an ~Dt,~,4 ~,~-~. ...... i ';l'llnh'lal Intl~lSlOn into an
r,-~ ,~,uo=ry a~ an alarm site are sPecifically excluded
from the pmvisious of this Code. Alarm syst~ installed on a vehicle or
person are also excluded unless the alarm is permanently affixed to a specific
2
(8)
Automatic Voice Dialer: An electrical, electronic, mechanical, or other
device capable of being programmed to automatically send a pre-recorded
message when activated over a telephone line, radio, or other communication
System to a law enforcement ag_encY.
(9)
~: Any system, device, or mechanism for the detection and
reporting of criminal intrusion, or attempted intrusion, upon an alarm site to a
remote receiving station for the purpose of dispatching law enforcement
personnel.
~i~i?e..~]!t~: The activation of any rue alarm system which results in a
-dispatch of the fire district caused by mechanical failure, malfunction,
improper installation, lack o£proper maintenance or any other response for
which the fire district personnel are unable to determine the apparent cause of
the alarm activation, or which is caused by the negligence or intentional
misuse of the fire alarm system by the owner, itl employees, agents or any
other activation of a fire alarm system not caused by heat, smoke or fire.
False fire alarms do not include alarms caused by climatic conditions such as
tornadoes, thunderstorms, utililyline mishaps, violent conditions of nature, or
any other conditions which are clearly beyond the control of the alarm
manufacturer, installer or owner.
(11)
_False Police Alarm: An alarm signal eliciting notification to and a response
bypolice personnel where the responding police officer, having completed a
timely investigation of the alarm site, is unable to find any evidence of a
crime or attempted crime and which is caused by the activation of the alarm
system through mechanical failure, alarm malfunction, improper installation,
or the inadvertence of the owner or lessee of an alarm system, or of such
owner or lessec's employees or agents, or by service technicians. False police
do a, ,o
unaerstorms, ut~lltyline mish~s vi..t ......... ,. rnadoes,
----r . ~,.;m conalllons oInature, or any other
conditions which are clearly beyond the control of the alarm manufacturer,
installer, or owner.
g upants from fire or similar
A fu'e watch may involve ~'ecial -~ ..... emergencies.
· · ,,~, ~u~uon oeyonfl normal sta
as,~gnmg an additional securi~, ,.,,.....a,_, ..... ~ng such as
· · '; ~,uuuL~] co Walk the ' ·
mUned m fir~ prevention .---~ :- -,~ -- prermses, specially
.mu m me use olZu'e extin ' · · ·
fire ....-- · -. - 8rashers, m noU n th
-~-- ,,,.~,~u on me Premises and in
undetrmnding the particular fire safety situation. A fire watch shall maintain
an activity log on site for inspection by fire district personnel upon request.
(13) tigllillP.,~ll~: A silent alarm signal genera~ed b,, the m
device intended to ' . .~ anuai acuvation oza
s~gnal a robbery m progress to law enforcement personnel.
(d)
(14)
Local Alarm Svs't~m: Any alarm system that enunciates an alarm onlv bv an
mtcnor and/or exterior audible sounding device and is not momtore~ b.~, an
alarm company.
(15)
Panic Alarm: An audible or s/lent alarm system signal generated by the
manual activation of a device intended to signal a life-threatening or
emergency situation requiring the dispatch of law enforcement personnel
including, but not limited to, duress and ambush alarms.
Reg~tration required, application, fe~, transferability, false statement&
Form of Reeistration. Every alarm user shall be required to register each
~ar~n, .system on the alarm user's premises on a form provided by the cin,
..r. acn .m.m.m.m.m.m.m.m.m~m registration form must include the followine informat;,,,,
me city has de~m~ n~cessary to administer the alarm o';dinance: ...... "'""
~,e_.n~__e, complete a~_ .dress (including apartment/suite number), and
~Pb~O_ne hum.o..ers .o!~e person who will be the registration holder
responslole tor the proper maintenance and operation of the
alarm system and payment of tees required by section 8-34 of this
Code.
The classification of the alarm site as either residential (includes
ua~a~tm, ent, condo, mobile home etc.) cormncrcial or multiple dwelling
Co
.For .each alarm system located at the alarm site the -'- '~ -' .-
, ~aa,,~lllCaUon oI
me amrrn system; i.e. fire, burglary, holdup, panic, or other
each purpose whether audible or silent. , and for
Mailing address if different from the alarm site.
a~e _m__,~d telephone numb.ets of at least two individuals who are
,,.,,, .aa_a_aa_ve .a~ed ~ rec~ve notification of an alarm activ '
-.-.- ,,,nc, xesponcl to me alarm .."- ---' ...... aUon at
request can acc ..... o',= w~mm -~U minutes, and upon
necessary. =as me alarm sRe and deactivate the alarm system if
Signed certification from the alarm user stating:
i. the date ofinstallafion, conversion, or takeover of the alarm
system, whichever is applicable;
4
(2)
(3)
(4)
ii.
111.
iV.
Vo
the name, address, and phone number of the alarm company
performing the alarm .sys'tem installation, conversion, or ahrm
syst~n takeover, and responsible for prov/dmg r,:pair serv/ce
to the alarm system;
the name, address and phone number of the alarm company
monitoring the system, if d/fferent from the installing alarm
company;, ......... :..
that a set of wr/tten operating /nsuuctions for the alarm
system, including wr/tten gnidelines on how to avoid false
alarms, has been left w/th the alarm user; and
the alarm companyhas Uained the alarm user in proper usc of
the alarm system, including instructions on how to avoid false
alarms.
The type of business conducted at the alarm site and any dangerous or
special conditions present.
An acknowledgment that law enforcement and fire district response
shall be based on factors such as availability of police and fire district
-units, priority of calls, weather conditions, traffic conditions,
emergency conditions and staffing levels.
Any false statement of a mater/al fact made by an applicant shall
constitute a violation of section 8-34(d) of this Code.
Fees/Nonrefund~ble. The fee for initial registration and annual renewal for
an ahum site are set forth in chapter 14 of this Code. The fees shall reflect
the administrative cost to the city to monitor and respond to alarm systems as
provided herein. Registration and annual renewal fees are nonrefundable.
The initial registration fee must be submitted to the alarm administrator
w/thin seven (7) days after the alarm installation or alarm takeover.
Fa/lure to Re~,/ster. Fa/lure to register alarm systems at an alarm site shall
constitute a violation of section 8-34(d) of this Code. An alarm user that fa/Is
to register as required herein shall be subject to a civil penalty orS100 for
each false alarm occurrence while the alarm system remains unregistered.
The. fine for the first violation of this section will be waived if the alarm user
registers w/thin seven (7) days from the false alarm occurrence.
(5)
Registration, Duration, and Renew-l, The initial regiswation for a single
residence is valid for the time period the registrant is the alarm user. If the
alarm user has a false alarm requiting the payment of a false alarm fee, the
alarm admimstraIor may require the alarm user to file a registration renewal
at no cost. The initial registration shall expire one (1) year from the date of
issuance for all other alarm sites and must be renewed annually by submining
an updated application and a registration renewal fee to the alarm
administrator. The alarm s~msU~or shall notify each alarm user of the
need to renew 30 days prior to the expiration of the registration. It is the
r~ponsibility of the alarm user to submit an application prior to the
on on expiration date. Failure to renew will constitute a violation of
· A $?5.00 lat_e fee shall be assessed ii'the renewal application is
.more ~ 3.0 days a/Jzr thz re~t of the above-described notice
· amrm ammmstrator.
Duties of alarm users. An alarm user shall:
(2)
Igig~. Maintain the pr~mises and alarm system in a manner that will
minimize or eliminate false alarms;
'~'P'~ uve Io responll to Hie ~"~ .... , ......
· .~,ua aya~m S location within 30 minutes,
when notified by the city or fire district, to deactivate a malfunctioning alarm
system, to provide access to the premises, or to provide alternative security
for the premises;
(3)
(4)
(6)
(7)
~AI ~a~n_A__~?_a_u0.n. Not ma-nual!y ac~vate an alarm for any reason other th
,~un~n~ O! an evellt that the -,~'-- ...... an
----us ayat~an WaS mtendea to report;
. r, suu · exterior of an alarm site will s
_no longer than ten (1 O) minutes .~-- ~.,.~ ....... ound for
· -,u,-mmnes, inc. Standards 365 or
ov,~), l~re alarm systems shall be exempt from this section;
Kev Holder Li%~ Maintain a ~t key-holder list with their alarm
company;,
~F~ise.~l~ Nofi~caii~,,,' Notify the alarm c
on aS soon aS the~ser; .... ompany of a false
· o aware of the false alarm; alarm
-,------'~ ,,~u-ucuons for each ahem system; ~arm site, a set of written
6
(8) Automatic Dialine. Prevent any permitted automatic dialing device from
dialing 911 or any other office of the city of New Hope or the West Metro
lire-Rescue District.
(0 Required access to site. The New Hope police department will only respond to a
burglary alarm site once within a 2&hour period unless the alarm company is able to locate a kev-
holder who will provide police officers access to the site.
(g)
Duties of the alarm company.
(1) Alarm companies installing systems shall:
not install a device that activates a holdup alarm by the depression of
a single-action non-recessed button at alarm sites within the city and
shall remove existing non-recessed button alarms on or before
January 1, 2005;
bo
not install any panic or holdup alarm system m residential sites that
activates a silent alarm signal by alteration of the last digit of the
normal arm/disarm code at alarm sites within the city, and shall
deactivate such systems currently in existence on or before January 1,
2005;
do
not install or use any burglary control panel failing to meet Security
Industry Association standards that has a false alarm prevention
feature programmed to the factory default;
maintain a current record accessible to the alarm administrator at all
times that includes the names of the alarm users serviced by the
company, the addresses of the protected Properties, the type of alarm
system, the original installation date and subsequent modifications, if
any, for each protected property, a record of the date and time of
alarm dispatch requests to each protected property, a record of the
false alarms at each property with evidence of the company's attempt
to '
ven~, the alarm and an explanation of the cause of the false alarm;
provide each of its alarm system users with · ·
- operat~n mstructl
their alarm syst,.,-, incl---'-' .... g 'ons for
.._ ... ..... .---., _uumg an explanaUon of the co '
,,~-rtu_.~auon process, a telenhone m,,.,~.., o_ __,, .. . mpany s
operating the syst~., and' a -'----"~"'" .,~,_~a. xor assistance in
ary o! the provisions of this
ordinance relating to penalties for false alarms and the possibility of
no police response to alarm systems experiencing excessive false
alarms; and
7
(h)
(2)
establish a training period during the lust seven (7) days following
the installation of any burglary alarm .system during which the alarm
user will be trained on the proper use of the system and during which
no. requests for an immediate dispatch of police personnel will be
made by the alarm company without mdt, pendent factual support.
Alarm companies performing monitoring services shall:
bo
report alarm signals by using telephone numbers connecting them
with the designated dispatch center for the New Hope police
department and West Metro Fire-Rescue Disu'ict;
· ~ oemre requesting law enforcement response to an
alarm system signal;
Co
communicate verified cancellations of alarm dispatch requests to the
designated dispatch center in a pmr~_~ t fashion4
contmunicatc all available information about the type and location of
the alarm;
endeavor to contact the alarm system user when an alarm dispatch
request is made;
a~..cooperatively with the alarm system user an-' -'
strator to determine th ............ u alarm
recurrences. ~ ~u,sc o,any xalse alarm and to prevent
(3) An alarm company violating any of the duties ofthis section subject
to a civil penalty of $I00.00 for each separate will be
· violation. Each day of
noncompliance shall constztute a separate offense.
(1)
~qlse ,Ais-'nl Fee. Air,~m U$~
or falsealann f~eshali be pak~ by the sin eresid
oach~~~,,~.+,___,.,.~.-, ence alarm user to the Cirv
each year on the anniv----..'~'--'--'~-, .~ I'~) W~tlun a 12 month period bcgi~'~
following schedule A~,,'~-ff-~uate ~ seotion became effective based
thecityfor ' '~°~armz~eshailb~paldb alioth ._o. nthe
zrom the da~ of relgstrati.... _ L-_--~ ~..,,,,~. lo) wzthin a 12-month
· ,~,,, u~ zouowing schedule:
8
(i)
l-3 $o $o i
4 $50 $100 ~
5 $100
'$200 e,~c~ h alarm and
possible suspension of
police response service.
$200
$400 each alarm and
possible imposition of
fire watch.
(2)
False Alarm Fee - Alarm Company
Where the responding police officer or fire district representative determines
that a false alarm was caused by the on-site actions of an employee of the
alarm company, a penalty, of $100.00 shall be assessed against the alarm
company with no corresponding false alarm fee being assessed against the
· alarm user.
(3) Exceptions
No false alarm fee shall be due and no alarm shall be deemed as a false alarm
if it is shown that the false alarm was the result of darnage to utility lines,
tornadoes, lightning, earthquakes, or other such severe weather conditions.
(4) Payment of
Payment of fees provided for herein shall be paid to the city within 30 days
from ~e date of notice by the city to the alarm user. Failure to pay the fee
within 30 days of notice will cause the alarm user to be considered delinquent
and subject to a late payment penalty equal to ten (lO) percent of the false
alarm fee.
(5)
Ou~,andine
If an alarm user has an outstanding balance due the city that is 60 days past
due, all delinquent charges will be certified by the city cleric to the county
assessor who shall prepare an assessment roll each year. Each delinquent
account will be charged an additional assessment fee of $25.00 as provided in
section 14-1(2) for approval by the city council, the second Monday of
October each calendar year.
A~.Y. alarm_ ~er who has an outstanding balance at the time ofrenewal will
ri_o! lmve their false alarm count reset * ......... '
.... s~, re;so ano WIll not be eligible for n
zee raise alarms for the followin~ ,,,.-.. unl ..... o
· ~, .,"~ =ss me outstandin alarm ·
bein formall · . g balance zs
g y appealed. Ifthe ~s ·
appeal demed, the outstand
any other fees must be n,,;a ,., os.. ,: ..... mg balance and
· r-,,, ~ m~ urn= ozrenewal in order to hay
alarm ordimmce count reset to zero. · the false
Right to notice and a, vlmal.
(1)
9
Written notice shall be provided to all alarm USers noti .~ing thcm ofall false
alarm responses to the premises and their status as a chargeable fee. The
alarm USer has the right to request an informal heanng before the director of
police, fire chiefor_ti~ir designee to appeal the false alarm fee. The request
must be in writing and filed with the director of police or fire chief within ] 0
days of the false alarm notice.
(2) Aweal
Anyone aggrieved by the decision of the dh'ector ofpolicc, fire chief or their
designee to affu'm the false alarm f~e may appeal that decision to the city
manager by filing a written request for an appeal within ten (10) days of thc
date of that decision. The city manager's decision w/Il be final.
(j) Penalties. Any alarm user who falls to register an alarm system, after being given
notice and ample opportunity, or any person who fails to pay any fees levied after given an
opponumty to appeal is guilty ora petty misdemeanor.
(k) Suspension of police response.
(1)
(2)
Notice of Susvension of Police R~_~o~e.
Uwi~'n ~h; ~urrenre~fit~,.e .s~th_~_~l_se b~ ~ ~m ~ al~ site
· ~ yu.s. c~fi~ m~l the ,
(14) ~ ~m ~e ~ aoun~on ~t eff~t~ve fo~een
of~e notice, ~e N~ H~ Police D~ent will
not ~nd W a b~ ~ di~a~h .......
~d ..... -,- ~r ,~u~t ~m ~at site for
~ f~ ~ce ~m ~mne ~ ~~ ~ ~ is ~ in-p~on
-- ~ u~ me P~s~ or o~ ind~dmt
~,~°n ~t v~fi~ ~e n~ for ~ ~e~ate ~l/~e ...
~..: _ . . ~ ,~o~ ~or s~ion of olice
· ~~ Ior ~~t. P response ~d
· .~o -.om mc ~ate of the suspension notice, the alarm user
reviewing the city s files r,.. ,,._ _, ,,a.~p otme written appeal_
10
company, and all of the submissions of the alarm user. the alarm
administrator shall issue a decision to confirm, suspend, or rescind the
suspension notice and serve a written copy thereof on the alarm user's contact
person by mail. -
(3) ..... ..~s~ens~on of Polic~ Response.
Where an alarm user has failed to properly file a timely appeal ora notice to
su~en~d or where the alarm admimstmtor has i~ued a decision confirmin~ a
nouce to suspenct, the New Hope Police Department, m deterrnimng whe~er
to make an immediate police dispatch and response to notification ora signal
from that alarm user's alarm system, may disregard that burglary alarm
dispatch request when the alarm signal is the only basis for making the
dispatch request. Where there is, in addition to the alarm dispatch request, an
in-person call verification from a person at or near the premises or other
independent evidence showing a need for police dispatch to the alarm site,
.police may consider the suspension of police response as an additional factor
m the decision to order an immediate response.
(1) Reinstatement of Police Response. An alarm user whose police alarm response has
been suspended may have police alarm response reinstated by the alarm administrator if they have
complied with the alarm administrator's requirements including one or more of the following:
(2)
(3)
(4)
(5)
submits an updated application and the registration fee;
pays, or otherwise resolves, all citations and fees;
submits a certification from an alarm company stating that thc alarm system
has been inspected and repaired, if necessary, by the alarm company;,
submits proof that an employee of the alarm company caused the false aiarm;
files certification demonstrating that the alarm user has corrected operator
errors causing the false alarm.
(m) Fire Watch. The fire chief or his designee has the authority to re uire
a.f-t, er 6 false fire alarms within the alarm reel,-*,-,.--- --,---... q a fire watch
ei,minate the cause of the false fire alarm r~,o~.~o~ _.v~_,cn[~_,.year un_ul corrective action is taken to ----. ,-, fire watch shall be established as follows-
(l) Written notice to establish a fire watch and to disconnect or deactivate the
fire alarm _ ..s~n__, shall be mailed by certified mail, return re ·
to the alarm user s ',,.,o,.a ....... ceipt requested
desl , . ,
date on,,,~,;,-~, o,---,--- e-,,, ,~. ,~,...umc.~ person. 'lhe notice shall ecl the
,. _ '"'""'u~uarn~uscrsnailoe,.~uiredo_.,_._ . . sp. fY
nrc alarm system The date -'- ..... ~,'~ _ _u~ msconneet or aeact~vate the
,_ ,~__ _,_ '__ . ~ula/l OC aI least 15 daYS after the notle,, ;, ,.,,.;s.a
~, mc ~ USer. The alarm userlnav-.---eal "- - ' ........ ma~a
34(0 ofthis code. ~-,v,~, me oraerpursuant to section 8-
(2)
~ building affect~ because the signal from the fire alarm t
disconnected or deactivated shaP ~, .... :__,. . sys em has ~
· .-,. ,~uu~u to estabhsh a fire watch until
11
the fire alarm systern has been returned to service. Duues of the fire watch
shall include noti .fxing the fire department and building occupants of an
emergency, preventing a fire from occun-mg or extinguishing small fires.
The alarm user is responsible for paying all costs associated with establishing
a fire watch.
(4)
The fire chief or his designee shall have the authority to direct the alarm user
of the premises to silence an activated fn'e alarm system, have corrective
action taken and thereafter, order the alarm system reset.
(n) Reconnection of Fire ,41arm ~tem. A fire alarm system may be reactivated upon a
finding by the fire chief that the alarm user of the pr~nises has taken corrective action to remedy the
cause of the false fire alarms at the premises. The findings shall be based on compliance with the
following conditions:
(1)
(2)
In making a request for such reactivation, the alarm user shall have the
burden0fproving the corrective action was taken.
The fire chief, or his designee, shall inspect the fu-c alarm system and test it
prior to approving a new order to reconnect or reactivate thc fire alarm
system.
(3)
(4)
(5)
A $50 inspection fee shall be assessed to the owner before any reconnection
ora fire alarm system may be made.
The fire chlefshali not approve a new order to reconnect or reactivate if the
alarm user has failed to pay any fee pursuant to this Code·
The fLre chief shall have the authority to require that a fire alarm system be
al~tsy~t me~.~LW~rth ~re~ol ~~des and standards prior to the fire
(o) Enforcement aadt~u~lties' Enforcement of this ordinance may be by civil action
and/or by criminal prosecution
(P) Co..fuien~#y. · . . .
for appeal is classified Information contame~i, m the r~gmration ~plieation and applications
as secm'ity information as designated under the Minnesota Data Privacy Act,
Section 13.37 and shall be handled accordingly
New Hope or the West Metro l/re-Rescue .stri2Y all employees or representatives of the city of
ora third pm'tv adminle,,.~, .... Di aad b any
__ ----_.,,.,,,,. · y _thi._r · .
w~m access to such information. -.,,v aunumstrator or employees
. ~. Section 14-8(27)"lkL~te A~,,~ ~ . ,,.
New Hope City Code to read as follows7 ' ' Is hereby added to the
12
14-8(27) "Private Alarm System ReRistration Fee".
..... a. - InitialRegism~tion Fee
b. Annual Renewal Fee
(Not applicable to single residence alarm systems)
$25.00
525.00
Section 3. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the .... day of ,2003.
W. Peter Enek, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
P:~,Attomey~nh Ordmane~Ordinlm~ ~ ~ S~Pl~nf-fmll~.doc
_dayof
., 2003.)
13
COUNCI"L
Originai~g Dep~ru,,ent
Finance
REQUEST FOR ACTION
Approved tor Agenaa
September 8, 2003
Agenaa SectJon
Orcl. & Resolutions
Item No.
E. Sulander /i¥: ~,.J/-.5 10.2
RESOLUTION ADOPTING PRELIMINARY TAX-SUPPORTED BUDGETS FOR THE CITY OF NEW HOPE
FOR THE YEAR 2004 AND ESTABLISHING PRELIMINARY TAX LEVY FOR THE YEAR PAYABLE 2004
REQUESTED ACTION
Staff requests the Council adopt the resolution as a starting point for the 2004 budget review and discussions.
BACKGROUND
To comply with the "Truth in Taxation" requirements, the City must certify a proposed property tax levy to the
County Auditor, and adopt a proposed tax supported budget. This resolution adopts a total proposed 2004 tax
supported budget of $11,446,832 and a proposed tax levy of $7,829,093. The proposed tax levy is an
increase of $382,390 compared to the 2003 tax levy.
The proposed levy is the maximum allowed under 'levy limits" redefined by legislation enacted by the 2003 State
Legislature. The levy limit formula includes a provision which restricts the levy increase to 60% of the lost LGA
amounts for the 2004 budget year, and nothing else, no inflation, no tax base growth, nothing else.
The 2004 maximum general levy as certified by the Department of Revenue is $6,529,027. Special levies, as
clefined by law, are not restricted by the levy limit formula. Special levies for debt service payments and an
unfunded mandate for increased PERA contributions add $1,289,165 and $10,901 respectively, to the Proposed
property tax levy, for a total of $7,829,093. The required lax levy for debt service is $60,888 less than 2003.
The proposed tax levy can be amended for the final adopted budget in December, but the final levy cannot be
any higher than the Proposed levy.
The proposed expenditures for the General Fund as submitted by each department total $7,822,339 after
program cuts in excess of $277,000. The budget request would replace $108,535 of the estimated $630,000
of reserves used to balance the General Fund in 2003. The Proposed 2004 budget request includes the
I~roposed increase in Property taxes, Proposed franchise fees, and increased user charges for many of the
city s programs and services.
The '"i'ruth in Taxation" notices will be mailed by the County in late November. The 'Truth in Taxation" hearing
clatecouncilfor the Chambers.2004 budget will be set tonight as well, staff recommends December 1, 2003 at 6:00 pm in the
~IOTION BY
~ SECOND BY
TO:
- I RFA\F~nan
CITY OF NEW HOPE
RESOLUTION NO. 03-
RESOLUTION ADOPTING PRELIMINARY TAX-SUPPORTED BUDGETS
FOR THE CITY OF NEW HOPE
FOR THE YEAR 2004
AND ESTABLISHING PREUMINARY TAX LEVY
FOR THE YEAR PAYABLE 2004
BE FI' RESOLVED by l~e City Council of ltte City of New Hope as follows:
Section 1. The Preliminary Budget for ~ City of New Hope, Minnesota. for all'funds sUpported in wttole or in part by
property taxes for lhe calendar year 2004 is hereby adopted as hereinafter set
General Fund
General Government
Mayor and Council
Advisory Commission $105,693
City Manager 4.344
Elections 79,891
Administration 45.608
Human Resources 177,401
Communications 126.611
Finance 96.363
Auditing 131,740
Assessing 37.100
Legal 92,500
Planning & Zoning 20.000
117,545
TOTAL GENERAL GOVERNMENT
Public Safety $1,034,796
Polk:e Protection
Police Resenms
Fire Safety and Prevention
Protective Inspeclions
Animal Control
TOTAL PUBLIC ~IU=ETY
Engineering
Street Maint~ance
TOTAL S'rREETS
Streets
Parks And Recreation
Recreabm
S.~mm~ Pm;
Park Maintanance
TOTAL PARK8 AND RECREATION
Other Functions
Spec~ Pregrarns
TOTAL OTHER FUNCTIONS
TOTAL GENERAL FUND
$3,359.053
34,299
545,218
305,878
107.322
$4,351,770
$20.500
930.237
S950,737
$582,801
183.267
__ 682.349
$1,448,417
$36,619
$36,619
Resolution No. 03-
Page 2
Other Tax Supported Funds
Infrastructure-Streets
Infrastructure-Parks
Bassett Creek Watemhed
Shingle Creek Watershed -
Economic Development Authority
Bond and Debt Service
TOTAL EXPENDITURES FOR TAX SUPPORTED FUNDS
Section 2. Estimated receipts other than the general tax levy, are hereby set forth:
General Fund
Business Licenses
Non-Business Permits
Penalties
Inter-Governmental Revenue
Court Fines
Charges For Current Services
Parks and Recreation Fees
Franchise Fees
Use of Money and Property
Other
TOTAL GENERAL FUND
Economic Development Authority
Debt Service
S1,040.231
260,058
20,865
331,352
1,952~473
$ 59,160
290,950
2,200
1,032,414
301,250
428,570
473,175
294,594
90,000
5.700
$2,978,013
187,295
TOTAL ESTIMATED NON-TAX RECEIPTS ~
S3,880,308
.Section 3. That the preliminary ad valorem tax levy for 2003 payable in 2004 is set forth below:
TOTAL
NET TAX ESTIMATED PRELIMINARY
~ UNCOL[I=CTIB[I= LEVY
General Fund
$4,942,068 $49,421 $4,991,489
Infrastructure-Streets 1,040,231
Infrastructure-Parks 10,402 1,050,633
Economic Development AuthOrity 260,058 2,600 262,658
181,648 1,816 183,464
Bassett Creek Watershed 20,865 209 21,074
Shingle Creek Watershed 19,514 195 19,709
Subtotal ~6,464,3~ -
PERA Special Levy $64,64~ $6,529,02~
Debt Service 10,793 108 10,901
_TOTAL TAX REVENU; ~ ~ ~
TOTAL REVENUE~ FOR TAX SUPPORTED FUNDS ~
Adopted by the City Council of Ihs City of New Hope, I-iennepin County, Minnesota, Ibis 8th day of September, 2003.
Attest:
- City Clerk
City of No~ Hope
2004 Preliminary Budge~
2004 Budget Summary
· 2003 General Fund Budget ,. $8.532.8.M
· 2004 Requested Gert Fund -$7,8'22.139
· S2'r7.742 tn ~ cuts
· S-.13'~.763 in actoummg shifL~ CGASB
· Reducnons to personnel -
· %- FTE In fsnan~e
· J officer. I sergeant. 2 ovilmns iff Police
· ;~ FTE m Public Works {hold vacant so,L'l/O~)
· Rest~uelunng ofl~onl/a~na facilily lUperv~or posmon
~ 2004 Budget Surranary
· Program / service Level Reductions
· Police
· 24/'/public ofl'~e imm will be cut back
' Crime prr%'~nlioll ~ ~
· Invest:l~auons .-{~tlt'ed Der. $~t. / Position remains vacant
· Streets
' Snow plowing will tsJte Ionl.%.~ with one less maintenance
worker
· Parks
· Outdoor Skntiflg finbt ~ W31rso~i$ boules w~ll
back so JUSt one - ioca~d a~ City Cemer becut
· Reduction to Local Government Aid (LOA) of
S709.999 for each of Ibc 2003 and 2004 bode, ts
· Maximum of 60% ot'2004 lost aid can be added ~o
the local property lax levy ($425,999)
· Smct lev~ limits - no tax base ~owth, et inflation
fa:tots can increase Ibc 2004 la~ kq~y.
e. Uncena:nty - Novemb~ e~momi~ feeeeast may
force additional
tn 2004. state cuta ~ I0 ~ elld IIId/ot
2004 LGA
Compared with Last Several Years
· 2001 LGA W~ $I,241.T'/6 ~'
· 2003 cut from $1.360.275 to current level
of'$650~76 - remains the same for
'.T.-_-
The Preliminary
· 2003 Adopted Levy s. S?,~46.703
· 2004 Prelimina .ry Lev), - $'7.829.093 ('5. !% increase} · Max'mmn allowed I~ sine n~e~ed levy. limiu
' Flnnl 1.~ may be lowm'm:L Imm ~annm itse incensed
Includes 60°/0 maximum ofLOA tedl~tioll allowed by
Slate Stalute
Utility Franchise Fees
· Monthly Fiat Fee
/~:~ Utility Franchise Fees
Fund Rev~ = $368.~3
Annul e~t~ ~ includes
· Gen~! Fu~ for ~U~ -
· .- -
· General Fund
· Special Revenue Funds
· Debt Service
· lnlraS~rucmre Funds
· m,-I ,~x supported funds
· Total proposed I~x lev),
· Funding from olher sources
S 7.822.139
371.'/31
1.952,473 -
!1.446.832
$ 3.617.739
General Fund Ca~ Flow
General Fund (68.3%)
~ General Fund
· 2004 Proposed Budge~ S1.034.796
·
~ General Fund
· 2004 ~mposed a"d~ra.~sz~77o
_ ' $5.§%compamdlo$3.l%iml~r
General Fund
General Fund
· W~st Me~o Fire Distr/ct - Fire~Rescue/Emergency
- Budget Rano 4~/52
· $545.218
· Rc~r'~l$~O'l'll from ~)~lt
Wil~
General Fund
General Fund
· 2004 Proposed. Budget $950,757
· 12.,~i-co~m:l to I !.3'/. iau year
Public Works Maintenance Staff
· Publ:c Works l..lbot Pool
· D,eecmr. sulx. r..isofy and ol~:e
· Wa;et and Sewer
· .%101111 Na,:alcr '
"Cent! F. qmpmem Gara~
· .Superb,or and 2 M~han~C;
General Fund
· 2004 Proposed Budget $1,44g,~!7 · 18.$% compamd lo 18.2'/. in; year
Special Revenue Funds (3.2%)
· Tax Summoned
· No,-,-x Sure--heP
· Commumv,.' De~eiopmem Gmnu 136.786
· H~ A~ims~u~ )
· Saf~ Camp 5.~
~ Debt Service (17.1%)
· 2004 Bond Payments S2,471.296
· $1.952..173 am mx ~upponed
· S 1.066,775 less ~an 2003
2003 mrk~ied
lmprovemenl i:kmds
$ 672.313
' General Ohh~ua,o~ Uond~
$1280.160
Nun-tax sutmoned obti~m6one
' Re~nue Bonds ¢21%)
$-~18.823
Infrastructure Funds (11.4%)
· Sn'eet Reconstruction Fund · $1.040,2.:1 !
· Park Reconstructi~ Fund
· $260.058 ..
Where New Hope Property. Tax
Dollars Come From
The Bottom Line
· What is the impact on each laxpayer?
· This will vary ~reatly, based o~ individual property
value and ra~e classification
· Property lax increase on SI75.000 home
Es"mamd mtTease orS, J0 Io S45 pet ,~ear
· New franchise fees on ~s and eleclric
S ! ~( per .Year tot mL'h tm, idmxiaJ ~l& lailily fmiomer
S I ~( pet .vi:ar fm Emch Teaadem~ eJect3x, mJbly clmomct
2004 Budget Data
Preliminary Summary Budget dam will be
posted on the city web sire
· Also available for inspecl~on at City Hall
Question~'TComment
T.t C= ~ ~r ~· ~e Neqr Hr, er
COUNCIL
REQUEST FOR ACTION
Originali~g Depa~'u,ent
Finance
Approved for Agenda
September 8, 2003
Agenda Section
Ordinances &
Resolutions
Item No.
E. Sulander I 0.3
RESOLUTION ESTABLISHING PUBLIC HEARING ON THE PROPOSED 2004 BUDGET AND AUTHORIZING
PUBLICATION
REQUESTED ACTION
Staff requests the Council schedule the public hearing date for the proposed 2004 budget.
BACKGROUND
A public hearing date, as well as a continuation hearing date, need to be scheduled for the proposed 2004 budget. The
hearings must be scheduled between November 29 and December 20.
Our. initial public .hearing cannot be held on the s. am..e dates selected by .other taxing authorities (see attachments. A
continuation heanng date must be scheduled at this time as well ...... )
continuation hearing date can be held on a date alraa ......... L~a-~4 ?.usl.ne .s:s oa~ after the initial hearing date). The
hearing may not be necessary if the initial hearin-,Ui~ =;u~.~ ?~-a-n°..ruer .t~x.. lng aulnority. Remember, the continuation
unnecessary, prior to the end of the initial '- .....u,__ ,,~u.,, -_,~_.r mr all pu?lc .c~m. menL If a continuation hearing is
.e.,.,~, me ~.,~y mus[ announce me aate and time of the date for the official
a~loption of the final property tax levy and budget.
oS~a~,r_e_c~o_mm_ends h.oldin~the original budget headng _on Monday, December 1a and the continuation hearing, if necessary,
,v, unuay, uecem~er u , prior to the regular City Council Meetin,~ If the December 1' date is adequate for ublic
comment, the Council may choose to adopt lhe budget on l~-~'cember 8 (regular council meeting). P
The separation of the public comment hearings and official adoption hearing is intended to allow time for the City Council to
carefully consider and incorporate concerns raised by taxpayers.
MOTION BY
TO:
SECOND BY
hRF
CITY OF NEW HOPE
RESOLUTION NO. 03-
"RESOLUTION ESTABLISHING PUBLIC HEARING ON THE
PROPOSED 2004 BUDGET AND AUTHORIZING PUBLICATION
WHEREAS,
~ City Manager of the city of New Hope has submitted to the City Council a ar-afl of the proposed 2004
budget for operations of the city;, and
WHEREAS,
citizen review ancl comment on the buclget is an important con. sicleration of a t~uclget heanng anct must be
helcl to meet state requirements; and
WHEREAS, notice of proposed bu~lgat hearing is re~luirecl by law to be pub/ishec110 ~ays prior to the hearing.
NOW, THEREFORE BE IT RESOLVED that the New Hope City Council hereby establishes a public hearing on the
proposed 2004 buclget on December 1.201~-~ at ?:00 p.m. anti directs Itm City Clerk to publish notice in the
Aclopted by the City Council of the City of New Hope, Hennepin County, Minnesota, Ihis 8th clay of September, 2003.
Mayor
Attest:
City Clerk --
If Initial
Hearing in
2003
Is on:
Notice of Public Hearing
May Be Published:
Continuation Hearing
May Be Held if Needed:
Le~3' Adoption Hearing
May Be Held*:
On or But Not On or But Not On or But Not
After: Later Than: After: Later Than: After: Later Than:
Nov. 29 Nov. 20 Nov. 26 Dec. 05 Dec. 18 Dec. 01 Dec. 26
Dec. 01 No~. 20 Nov. 26 Dec. 08 Dec. 19 Dec. 02 Dec. 26
Dec. 02 Nov. 21 Nov. 28 Dec. 09 Dec. 20 Dec. 03 Dec. 26
Dec. 03 Nov. 24 Dec. 01 Dec. 10 Dec. 20 Dec. 04 Dec. 26
Dec. 05 Nov. 26 Dec. 03 Dec. 12 Dec. 20 Dec. 06 Dec. 26
Dec. 06 Nov. 28 Dec. 04 Dec. 12 Dec. 20 Dec. 08 Dec. 26
Dec. 08 Nov. 28 Dec. 04 Dec. 15 Dec. 20 Dec. 09 Dec. 26
Dec. 09 Dec. 01 Dec. 05 Dec. 16 Dec. 20 Dec. 10 Dec. 26
Dec. 10 Dec. 02 Dec. 08 Dec. 17 Dec. 20 Dec. 11 Dec. 26
Dec. 11 Dec. 03 Dec. 09 Dec. 18 Dec. 20 Dec. 12 Dec. 26
Dec. 12 Dec. 04 Dec. 10 Dec. 19 Dec. 20 Dec. 13 Dec. 26
Dec. 13 Dec. 05 Dec. 11 Dec. 20 Dee. 20 Dec. 15 Dec. 26
Dec. 15 Dec. 05 Dec. 11 Dissaliowed Dec. 16 Dec. 26
Dec. 17 Dec. 09 Dec. 15 Dissallowed Dec. 18 · Dec. 26
Dec. 18 Dec. 10 Dec. 16 DissaHowed Dec. 19 Dec. 26
Dec. 19 Dec. 11 Dec. 17 DissaHowed Dec. 20 Dec. 26
Dec. 20 Dec. 12 Dec. 18 DissaHowed Dec. 22 Dec. 26
The "on or after" dates shown for your levy adoption hearing assume that no continuation hearing is held.
continuation hearin or on a su uent date.
Note:
School district initial or conlinuation hearings and city initial hearings on propOsed property taxes for
taxes payable in 2004 cannot be held on: (a) November 30, December 7, or 14 since these are
Sundays; Co! December 4 or 16 since these are the dates set aside for county initial he '
county conunuation hearings, respe~velv- ,. ~,.~ ~-._ ._,. .... . anngs and
partly within the seven county metropolit~°' t"/'"' ~aooa msmcts aria crees located wholly or
for the metropolitan special taxing area, December 3 or 10 since these are the dates set aside
district initial and continuation hearings, r~pectively. City
continuation hearings may be scheduled for a date that conflicts with the continuation hearing (but
not the initial hearing) of another taxing authority (county, school district, metropolitan special
taxing district) if the city deems it necessary.
I~ev. 06/27/03
Selection of*he Z)nte, Time, tod PLBce for*he Public Hetrin~
I. Counties: AlJonmnies(exceptRannr~)m'~m:lrulr~dmboldtbeirinitialTrmhin
?"'-"'+~ puMic beafinp o" the first Tnmsday of Decetnbor (Dec,-~h-. 4 m 2003). (Ranney
~onn~/will hold Jts~oint in~b] heirm~ with thc c1.~ of S~ Paul ud J-~pendan~ School DISu%~
ao. 62~. on Tuesday, De~__ .bet 9. 2003.) Coonues may hold ~kfmomd miUa] ~h~tn~ ' ? on Jm~r
ks pnar to Decemt~r 20 ff nc~.~qa~/far thc canVCmcnc~ of coun~ ~sidcm3. Coum~
conunuabon b.rm~ ffnee6~ mun be beJd an thc d~rd Tuesday ~rZ:~c~nl~r (2:~unber 16,
2003). OnJ¥ one conunmUon beinng dab ~s alJowccL
2. Meu. opoutan Special 'l'a~ag Dimicu: The joint public h~ (miml Truth in Taxauan
Meuupolimn Council, (2) ~' 'nc meuoPOhmn spccml taxu~ dm~cts ar~ (1) the the Mem~lhan Angora Commissim, nd (2) the
Mosquito Conu'ol District This ~ the leve~ cotmUes of Auoka, Carver, ~
Ramsey. Scou, ud Wulbngmn. Tho locamm .........
mmg.lom~ public ' is
-'--' '--"'~.' = conuuuauon b.rinj of. ~ spec~
taxing clism~ if needed, nmst be hold an tl~ sccood Wednesday of'December (]~:gmbgr JO in
reqLLu~l tO be, held jointly.
3. School DistrJm ]tod Cities: Thg cou2~r auditor is r~ponsibJc
sclecUon of?ruth in Tax. on hcarm~ da~s for~ coardimbon oft]~
for the school dmFicts nod for ~ CiUes wJth~ the
coumy. This includes both ~ hean~ da~s and conUnuauoa h~Ting
~n~uon hear~ dm, se~-c~d b~ ~, schooZ d~c,.~ ...... AJJ
~n°° °z ~ovcmber 29 through December.0 ........ 'u~ .crees must fall witi~n the Ume
~ · ~=mes oz~oo population or leu m,e exempt from
the Truth in Tn-ilion hearill~ reqMretne~L Therefore, only the dries over SOO
Ire involved in t~s belr~ dire Idecfloa
~be me~opoiJun ----, ....... p, ~uL eowns na tn~4., ..~-
...... · p~-um m~ alsgrtctB .ud .,.~,,.., ,,~.__ j -r .----, ~ mstrtct, (~Zl~pt
· · . --.- ..... .rary dim'k~) ~re ~ e~m t from
me er.tn m atzaUon bearing requirement, p
4. The school dim'Jcts make theb. selections first,
selec~ ~he first Thursday ar the and then the does. No
2003) foreitheT thbdTu~sdayinZ~(Z~4' sehooldistrJctmly
i~ midal het~ho date -- ~ · 2003 and Decunber.16,
~--~ ~v m conunu~on heari~ .....
aside for county initial hem~o, and
thc sevcn count, -~--o.- -~uy c,~uuatiou ~ ~ .........
conUnuaUon h...~ .... ~" '7' '~ &,~cunoor 10, 2003~ for
dismcts """,~ mm, nnce t~,~_e are tbe .... '. -'- ,u nnu~ M~n~ d~e or m
m hold then'joint nu~al burinf nd their com~nnm~m bemnls, msl~'twely.
D~ccmb~T 4, 2003 for th~ i.m.,. .... ln6epmdem School Disuict Un .... (WM~n
the date for Rarest, ,L~-.~.~"" beam& mu not l~mber 9 ')tm, ~_,_,,,.__u~ may caoose
their ..... -~ ~""'y, me city of St. ~ ' "~'~ msce uecember 9, 2003 is
JOint mm ,.,..~._, ~ and _na,L,,j~mde~ e.,- .......
al h--,,~./ -.- -,..u~a ulsmct No. 62~ Io hold
The same rules apply to the cities over SO0 popu~ ,
uatc) or anomer ~a~i.o .,.d. .... ' .... ,nmunuauou A~t, Mo daM .... - .sefecg. ,,m~ mr ns
the c~ty degms it ~',-_~_~'""mmY (c°un~, ~.bool dim4,~ or .....
unselected dat~ h,,~.".~.. ~..u?e_ tw° dams for its initial ),==__-__ '__ _._"~i for the use of cities
no . . -~..,,M, avauaDie jar b . . --.-,,q ur lis ' · . ·
select M~,,,4 ...... schOOl dislrict
hean~ o,s...-.._ =. 'mn~timmhooidi.ziet ...... [~ _~sefemDecunberl 2,v,,
RE/ UEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 9-22-03 Consent
Item No.
By: Ken Doresky, Community
Development Specialist By:
MOTION AUTHORIZING STAFF TO OBTAIN AN APPRAISAL OF 5440 WINNETKA AVENUE NORTH
(IMPROVEMENT PROJECT FILE 755)
ACTION REQUESTED
Staff is requesting that the City Council approve a motion authorizing staff to obtain an appraisal of 5440
Winnetka Avenue North for potential acquisition purposes. A letter has been received from the property owner
indicating a desire to sell'the property. The property is located within tl~e LJ~/abie Communities East Winnetka
Study Area.
.POLICY/PAST PRACTICE
City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties withir
the city. The City Council has been addressing the residential portion of this goal through the city's many
housing activities, including acquiring properties from willing sellers in areas designated for redevelopment in
the Comprehensive Plan. When a property owner submits a letter of interest to.the city, a request is presented
to the City Council for authorization to complete an appraisal. The city is required by law to pay fair market
value when acquiring property. Normally, fair market value is determined from a property appraisal.
The city has been acquiring properties on a voluntary basis in the Winnetka/Bass Lake Road/Sumter Avenue
area for potential future redevelopment purposes. Over the past several years, the city has acquired a total of
seventeen (17) properties in this area. The city is currently negotiating the purchase of 5512 Winnetka Ave. N
and 5500 Winnetka Ave. N.
BACKGROUND
The city received the attached correspondence dated September 10, 2003 from the property owner requesting
that the city consider purchasing the subject property. The property is located within the Livable Communities
East Winnetka Study Area and in Planning District 6.
In 1998, the Council passed a resolution approving the city of New Hope Comprehensive Plan Update. In
1999, the Metropolitan Council approved the Comprehensive Plan Update. In the plan, the city was broker
down into several planning districts..Planning District 6 is the district where the Winnetka, Bass Lake Road
and Sumter properties that the city has been pursuing over the past few years are located. Planning District 6
~Winnetka Ave. N. to the west, C.P. Rail s.~stem to the south and the ci of.,N...9.~stal to the east
MOTION BY
- SECOND BY
TO:
h\RFA\PLANNING\Housin \5440\Q - 5440 a praisal authorization.doc
Request for Action Page 2 9-22-03
and north.
The Comprehensive Plan targeted several areas in the city for redevelopment. Recommendations for Planning
District 6 include the acquisition and redevelopment of sites located along the south side of Bass Lake Road,
in the Bass Lake Road extension area and along the east side of Winnetka Ave. N. between 5340 Winnetka
Ave. and Bass Lake Road. As referenced in the Comprehensive Plan Update, the recommendation to
redevelop this area is intended to alleviate poor housing conditions, improve access onto Winnetka and Bass
Lake Road and more fully utilize the land.
In October 1999, the NeW Hope Economic Development Authority directed staff to contact residents along the
east side of Winnetka Ave. N., between 5430 and 5550 to inquire if there was any interest in voluntary sales of
these properties to the city: In March 2002, the Council directed staff to contact twenty (20) residents in
Planning District 6 to again inquire if there was any interest in voluntary sales of these properties to the city.
Since purchase solicitation letters were distributed, the city has.purchased ten (10) of the seventeen (17) lots
along the east side of Winnetka Ave. N. and seven (7) properties along Sumter Ave; N. and in the Bass Lake
Road extension area (attached, please see a map of city-owned properties in Planning District 6).
In 2000, the city received a Metropolitan Council Livable Communities Grant to study redevelopment
opportunities in the roughly quarter-mile area encircling the intersection of Winnetka Ave. N. and Bass Lake
Road. In 2001 and 2002, the Livable Communities Task Force studied redevelopment opportunities within the
designated area. In 2002j the Council accepted the task force study. In February 2003, the Council selected
developers for each study area site based on proposals, eXcept the west Winnetka site. Staff continues to
coordinate with developers in the Livable Communities Area. - -
The Hennepin County Estimated Market Value for the property is' ~-~311owS:
· Hennepin County
o Taxes payable 2003, estimated market value: $154,000 ($45,000 Land & $109,000 Building)
On April 14, 2003, the New Hope City Council directed staff to consider utilizing services of a firm other than
the appraisal firm that had been completing many residential property appraisals for the city, due to several
discrepancies in previous appraisals. On May 22, staff and the city attorney met with Forsythe Appraisals, Inc.,
to discuss possible appraisal services. Forsythe Appraisals has considerable experience in completing
appraisals and acquisition activities for governmental agencies in redevelopment areas. At this time, staff will
utilize the services of Forsythe Appraisals, Inc. In the past, Forsythe has completed appraisals for the city and
performed in a responsible manner.
Staff recommends that the Council authorize staff to obtain an appraisal of this property. The estimated cost of
the appraisal is $350. If the appraisal is authorized, staff will bdng the completed appraisal back to the Council
to consider negotiation.
FUNDING
The subject property is located in an area where TIF funds can.be expended. TIF funds would be used for
property acquisition and associated holding costs. During the 2003 State Legislative Special Session, the city's
TIF special legislation was passed. Staff is coordinating with Kress Monroe, the city's financial consultant to
facilitate the necessary steps for implementation.
ATTACHMENTS
· Property Owner Correspondence, 9-10-03
· Location Map, Topographic Map, Planning District 6 - City Ownership Map
· Hennepin County Parcel Data
· Comprehensive Plan References - Planning District 6
East Winnetka Study Area - Planning District 6
!il J Ill iiil~
~ ; ., ~
'
,
~J~. A._~ ~ ~ __. .
Comprehensive Planning Distd~ 6'
1. 5~0 Winnetka Ave N
2 "' ......... ' '
3. ~1W12 Winnetka Ave N
4 =' ...... ' '
· ~4u Wl~e~a Ave N
7 '
· 5518 Wlnnetka Ave N
~L u~4 wJnne~a Ave. N.
10, 5550 Winne~a A
.... Ve. N.
~ 1. 5520 8umter Ave N
12. 5530 Sum A. ~
ret_ye ....
13. 5~6 8umter Ave N
~4. sss~ surer.. Ave. N.
15. 7603 Bass ~ke Road ~.
~s. 7s2~ Sass ~ke Road ~.
Originating Department Approved for Agenda Agenda Section
Community Development 9-22-03 Consent
Item No.
By: Kirk McDonald By:
RESOLUTION APPROVING TIME EXTENSION REQUESTED BY NAVARRE CORPORATION TO FILE
FINAL PLAT (PLANNING CASE 03-0_1)
REQUESTED ACTION
Staff requests approval of a resolution approving time extension requested by Navarre Corporation to file the
final plat to November 17, 2003.
POLICY/PAST PRACTIC-I~ .........
The City Council has approved the filing deadline of final plats with Hennepin County in the past.
BACKGROUND
The City Council approved Navarre Corporation's request for final plat approval relating to property to be
known as "Paulson's Prairie" on June 9, 2003. At this time, Navarre Corporation submitted a written request to
extend the 100-day filing deadline with the Hennepin County Recorder for said final plat prior to the expiration
of said deadline. The city attorney prepared the attached resolution approving the request and extending the
filing deadline to November 17, 2003.
ATTACHMENTS
· Resolution
· City Attorney Correspondence
MOTION BY
SECOND BY
TO:
h\RFA\PLAN N lNG\Planning\Q-plat extension.doc
/' COUNC~
RE( UEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development 9-22-03 Consent
Item No.
By: Kirk McDonald By: 6. Z !
RESOLUTION APPROVING TIME EXTENSION REQUESTED BY DAVID THOMPSON TO FILE FINAL PLAT'
(PLANNING CASE 03-07)
REQUESTED ACTION
Staff requests approval of a resolution approving time extension requested by David Thompson to file the final
plat to December 31, 2003.
POLICY/PAST PRACTICI~ ..... -
The City Council has approved the filing deadline of final plats with Hennepin County in the past.
BACKGROUND
The City Council approved David Thompson's request for final plat approval relating to property to be known
as "Thompson New Hope Addition" on June 23, 2003. At this time, David Thompson submitted a wdtten
request to extend the 100-day filing deadline with the Hennepin County Recorder for said final plat prior to the
expiration of said deadline. The attached resolution approves the request and extends the filing deadline to
December 31, 2003.
ATTACHMENTS
· Resolution
· City Attorney Correspondence
MOTION BY SECOND BY
TO:
I:\RFA\PLANNING\Planning\Q.plat extension.doc
AC ON
Originating Department Approved for Agenda Agenda Section
Community Development 9-22-03 Development &
Piannin~l
Item No.
By: Kirk McDonald By:
RESOLUTION APPROVING SPECIAL LEGISLATION GOVERNING THE USE OF TAX INCREMEN"
FINANCING BY THE CITY WITHIN A DESIGNATED AREA OF THE CITY
REQUESTED ACTION
The city's redevelopment financial consultant, Krass Monroe, is recommending that the City Council approve
the attached resolution, which approves the special legislation enacted by the Minnesota State Legislature on
June 8, 2003, governing the use of tax increment financing by the city within a designated area of the city.
This is the first step in the process of creating a new tax increment district in the Livable Communities
redevelopment area, and staff recommends approval of the resolution. The purpose of the resolution is a legal
requirement to make the bill effective. The Council previously supported the legislation so the purpose here is
really to ratify what the Council has already approved.
POLICY/PAST PRACTICF
The City Council has approved similar resolutions in the past where special legislation has been approved on
behalf of the city.
BACKGROUND
As the City Council is aware, the city requested that special legislation be approved by the 2003 Minnesota
State Legislature to assist with redevelopment activities in the Livable Communities area. The purpose of the
special legislation is outlined in the attached memorandum from Krass Monroe and staff. The boundary of the
designated area is also identified in the attachments.
The first step in utilizing the recently approved legislation in the creation of a new tax increment financing
district for redevelopment purposes is the City Council to adopt the attached resolution approving the
legislation. The legislation will then be submitted to Hennepin County for approval and subsequent actions will
be required by the city.
_____._ (cont.)
MOTION BY SECOND BY
TO:
hrFa\
Request for Action . Page 2 9-22-03
The resolution states that:
Laws of Minnesota 2003, Chapter 21, Article 10, Section 10 ("the special law") was enacted by the
Legislature of the state 'of Minnesota and signed into law by Governor Timothy Pawlenty on June 8, 2003,
and relates to special rules governing the use of tax .increment financing by the city within a designated
area of the city.
Subdivision 3 of the special law provides that the special law is effeCtive upon approval by the governing
bodies of the city and Hennepin County (the "County') and that the city comply with Minnesota Statutes,
Section 645.021, Subdivision 3.
Minnesota Statutes, Section 645.021, Subdivision 3 provides that upon approval of the special law by the
city and the county, the city must file with the secretary of state 'a certificate-of approval, as proscribed by
the attorney general, along with a copy of its resolution of approval prior to the first day of the next regular
session of the Legislature.
· The first day of the next regular session of the Legislature is Tuesday, January 4, 2005.
The resolution further states that:
Now, therefore, be it resolved by the Council of the city as follows:
1. The special law is hereby approved.
2. The city clerk is hereby directed to file a certificate of approval and a certified copy of the city's resolution
of approval with the secretary of state. '
3. The city clerk is further directed to obtain a certified copy of the county's resolution of approval and to
provide it to the secretary of-state ..... ~
4. The city clerk is further directed to provide the ab0v-e documents t° the secretary of state prior to the first
day of the next regular session of the Legislature. '
5. The special law is effective upon compliance with the above requirements by the city and county.
Staff would like to extend thanks to the New Hope legislators that assisted with the introduction and passage
of the bill, including Senator Ann Rest and Representative Lynne Osterman.
Staff recommends approval of the resolution.
ATTACHMENTS
· Resolution
· 6-23 Krass Monroe Memo and Bill
· Staff Information
· Map and Boundaries
Council Member introduced the
following resolution, the reading of which was dispensed with by unanimous consent,
and moved its adoption.
CITY OF NEW HOPE
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION NO.
BE IT RESOLVED by the City Council (th-~ 'Council'i of the City of New Hope.
Minnesota (the 'City') as follows:
WHEREAS, Laws of Minnesota 2003, Chapter-~;~-,~rti'c. je 10, Section 10 ("the
Special Law"), was enacted by the Legislature of the State of Minnesota and signed into
law by Governor Timothy Pawlenty on June 8, 2003, and relates to special rules
governing the use of tax increment financing by the City within a designated area of the
City;
WHEREAS, Subdivision 3 of the Special Law provides that the Special Law is
effective upon approval by the governing bodies of the City and Hennepin County (the
"County") and that the City comply with Minnesota" Statute,~, Section 645.021
Subdivision 3; " ,
o
WHEREAS, Minnesota Statutes, Section 6450.21, Subdivision 3 provides that
upon approval of the Special Law by the City and the County, the City must file with the
Secretary of State a certificate of approval, as proscribed by the Attorney General,
along with a copy of its resolution of approval pdor to the first day of the next regular
session of the Legislature.
WHEREAS, the first day of the next regular session of the Legislature is
Tuesday, January 4, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City as follows:
1. The Special Law is hereby approved.
The City Clerk'is hereby directed to file a certificate of approval and a
certified copy of the City's resolution of approval with the Secretary of
State.
The City Clerk is further directed to obtain a certified copy of the County's
resolution of approval and to Provide it to the Secretary of State.
The City Clerk is further directed to provide the above documents to the
Secretary of State prior to the first day of the next regular session of the
Legislature. -
5. The Special-Law is effective upon compliance with the above
requirements by the C/ty and County.
Adopted by the Council of the City this day of ,2003.
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member , and upon vote being taken thereon,
the following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor and attested to by the City Clerk.
ATTEST:
Mayor.
City Clerk
CERTIFICATION
I,
, the duly qualified City Clerk of the City of New Hope,
County of Hennepin, Minnesota,-hereby certify that the foregoing is a true and correct
copy of Resolution No. _ passed by the City Council on the
_, 2003. - - _ day of
~ :~Wl,Z)A TA ~ ~.~oP~z s~Doocrry P. SSOLVF~ ~PROVINO ~ LF. OISLATJON. IX~
KRASS MONROE, P.A.
ATTORNEYS AT LAW
Ma.fy F- Moizahlz. Sr. Development
Jtmes IL C. nsseri)*. Esq.
MEMORANDUM
To: City of New Hope
Attn: Danie; Donahue, C~ Manager
,,Kirk McDonald, Community Deve/o/:~nt Director
From: James R. Casserly. Esq.
Mary E. Molzahn. Sr. Development Analyst
Date: June 23, 2003
Re:
Special Legislation
Our File No. 10048-15
.;une 8. 2003 This Specia/Legion ~i'~ich _,, .u;, mw Dy' ~ovemor Tim Pawfenty on
.requirements and I/milations on the use'of *---- :-~w'~v-~-_~a exten°s_ some of the current
to provide the C/B/of New H--- - .... ~ ,-~umerg ~nancing ("rIF'), was
reclevelopment of ~.-"--- · ..~J ~/'] with the addit/on-, ~-----:,~-- --~gned
· -,~ g~ss LaKe ~orTidor - · -, ,~uu,m/necessa for
of the Specfal l 0,,~,-,~__ (Comclor') inclu,.~., ,.._,_ . . .fy the
· -.-a, omuufl. ' ~ umrh'V IS a Drie! syrlopsis
tThheeBCaity may create, one or more tax increment fi ' · ·
. ss Lake Corridor. - nancmg districts · · .
or soils condition -,'--- '- provided that the 'i'iF District -u-,=- ...(~F' Districts ) within
u,~mcc ,~ =roes as ermer a reelevelopment
1. The City must indicam at the time a 'i'lF District is
created uncler the rules contained in the S,--~,, .... established that/t is being
,'-,.,,,, ~-g~qlation:'
2. i~e Five Year Rule I~linne,_ ,-,~ Stahr~.-, Secti
....'eh _.e~te. n~_ . to a Nine ~;ea~--' ~'~ on 469.1763, subdivision 3 has
,.~,u,cauon of a TIF District: t-,ule. Within nine (9) years from the clate of
a. the C/ty taus! pay for all c/uai/fyin9 expenses;
b. the C/ty must issue ~Onc~s for ~i~ ~x inc~ment genemte~ a~er ~e nme
year lim~ ~F~m Tax ln~eme~") is ple~ge~ ~r ae~t se~ce:
c. ~e C~ must ~ntm~ ~ a ~j~ pa~ ~r se~ices to ~e provi~e~
~i~ pa~ent ~ll ~ ma=e ~m F~m Tax/n~emen:: or for
cJ. an indepencJent party must incur expenses for which it will be rermbursec~
by the City with Future Tax increment.
The C/ty's ability to spend tax increment outside of a 'i'IF D/stria is restnctecJ as
foltoWS~
a. aclministrattve expenses are considered expenses within the TIF
-,,.,~ ,a mcreaseo trom 25% :to 40%;
c. eligib, le. tax incremenL expenditures "'utsicl
acqu~srdon and public imnrove,,,--,- --- ~" . = a ~lP District inciucle
~,- _,,,~,,~a Jar hOUsing purposes: anc~
d. tax increment may on/y be expended within the corriClor
Smt.~mes, section 469 17,1 ......mp~ trom the require,---,.. -, ..clentifiec~
purpose of qua//fying a -nc r.,:..~_ n 10 and are deeme,~ 0, ,,.-,-- _. '~
$ The durati - --- velop....,,~ u,amc[.
· o, or each T1F District is 20 years from receipt of the fi ·
6. The City can cre~a 'n= ,.,.-.._. rst tax increment.
..... ,.,, , ,uur [rlrou I1 D
7. The Special ~ ~'istati--: - 9 ecember 31, 20~3.
C:~5 -"~/ "'= ~-.' S · y~e C'
. .021. sul~iivisi~,, ~ ,.,, ~. compliance with ~,;--- lty and Hennemn
[o file a Ceres=m,, ~ ~-_~__,~a~., ,approvaI Reaui,.~,,...~_,~.nes. o~ Statute.,;, secti~r~n
?ate. AttaUecl are m a ....a..nct a Resolution of ~'-'-~.-;- · ~m requires the C/tv
meeting and n,, _ ~v .-._,-a~ution wh/ch -.- ,-,~- .-~,,,gva~ With the Seer-.,......
· u,/ a ~ "~ ~ carl ado -..-,~,y
_require the County to ,.,---,.- ~ Approval The .~,,-.~, ,pt .at any City Council
approve th~ .~,.--.~, ,--..,~ry w~ the i ,,,,,-,. -~'"~',"'"~ L~isI=~,~- .- .
City afl ' "" ~X aa (I) a . ~,,e~ive. It WO ~Y
,.~.._, ... Cl (ii) dO it in 2003- ~ a resolution similar to ~,---,-- lulc~ be pruclent to
for Cou, t,, L;...'"_ ? .wou ake to ac o tec by the
---., .,--ae ~ US know. -,=pare an analysis
· Page
It is not necessary for the Oity to clevelop any new programs to implement ancl utilize the
Special Legislation. The City's existin9 Redevelopment Plan includes the Gomclor In ~s
Recle. velopment Project No. 1 and a/lows TIF Districts outsicle of the Gomclor to
~ntnbute to...expe~_ ._ es in,~cle the Comctor, but not vice versa. Prior to or sfmulmneously
_with the creation of the first T/F District, the City should adopt a comprehensive buaget
for the Comclor. Each TIF District would then identify its share of the expense conta~necl
in the comprehensive budget. The City will continue to create TIF Districts, I~oth msicle
and outsicle the Corridor, shoulcl continue to identify them in numerical secluence. It will
only be necessary to code the '/'iF Districts within the Corridor so that it is clear that they
are subject to the Special Legislation and to help the City with its reports to the State
Auditor.
if you provide us with two executed copies of the City resolution and Certificate
Approval, we will make the filino with the Se---'--- -~ ....... of
L .. = a=~,ry ur am~e. In me meantime, /f you
nave any quesaons or comments, please give us a call.
Enclosures
G:tWPDATAWWEW HOFEtl ~M~U~ ~ MEM,JR~ 1.DO~
- · Page 3 -
171.11 Sec. 10. [CITY OF' N-"-'-'W HOPE: TAX INCREMFNT FINANCING
171. I2 DISTRICT.]
171.13 Subdivision 1. /SPECIAL RULES.]/.a)At the election of
171.14 ci . uon a~o tion of the tax increment financino Dian for tahe
171.15; district or districts ~escriDed m this sect/on, the rules
171.16
171.17 rovi0ecl un,er this sect/on a oiv to each such ~iS~riC~.
For u oses of thws section. "district" means a
171.18 recJeveiooment or soils condition tax increment financin
171.19 district establishecl bv the c/tv of New Ho e or the economic
171.20 . . . .
171.22 westeri extension of 5Bth Avenue N.. east on the westerl
171.23 extension of 58th Avenue N to SumterAvenue N.. south on Sumter
171.24 .Avenue N. to Bass Lake Road. east on Bas
171.25 ~. ke. Roac~ to the cwt
~ 71.26
171.27 ..... '-"-
171.26 est ,,,. ,.,,. r~e nael Drive to
171.29 ~
171.30 .Avenue N. north on Z. ealanc~ Avenue N. to Bass Lake RoacL east on
no.. o. .... .,.
171 34
--,.,~o cours t~~ ~'~' ~__"'~="L ro · /ine 0~'New Ho
. -e ~-eKe I'(oao. east on Bass Lake Roac~ e .__.If
1726 ~' ,,,~-or-wa . must~-~
· o The five- · ~xceeo
.1_72.7 46~ta Stat~-t,, .... _
.__"' a~. ~,aes are treated as e -- .
~ ~z. 14 activiti ,.?~.~um e.of m_crements
17 . es o_uts~de . . that ma be -
172. is ..... "--oo..sion 2~ ~.t~es.
172.17 ~mentss,,~_nto~ · -,,-, ~o ercenta e
~smon ariel Ublic
172.19 imorovements, that are faidv aooortioned to Dan:els on wh~cr~
172.20 t~e u~imate use ~s olanne~ for housinq;
~72.2~ 4 increments ma only De ex en~e~ on
~72.22 t~e area i~en~ed in paraqmp~
~72.23 ~ The reauirements ~r uar in a re~evelo merit
~72.24 ~istri~ un,er Minnesota StatUes. se~ion 46g. ~74 suO~ivis~on
~72.25 ~0. ~onota i torte oametsi~ent~e~as
~ 72.26 08-~ 1~21-3~0008.08-11~21-3~000g. 0~11~21.33.0010.
172.27 0~118-21.3~0011.08-11~21.3~013. 0~11~21-3~0018.
172.28 08-11~21-3~0019. 0~11~21.3~0025 0~11~21.33.0027.
172.29 08-11~21-3~0029. 0~11~21.3~0082 and 0~11~21-33.0087.
172.30 ~ich are Oeeme~ substanOard ~rthe u ose of ual' in the
172.31 dJstri~ as a reOevelo me~ dJst~.
172.32 Subd. 2. [EXPI~TION.]~
172.33 1. am m h c. from the limitations ~Minneso~ StatUes.
172.34
se~ion 469. ~63. subdivision 2 exaims 20 "earn
172.35 ~~n- ..... , ~ ..... after the
~, =,, ,=-~ ~rom a ols~ for ~ich
172.36 cit ~s ele~ed that this se~ion a lies. the
173.1 ~to aoo~ve ~x increment finan~n lans
173.2 to establish a ~x increment financm dist~ sub'e~ to this
173.3 ·
~ 73.4 Subd. 3. [EFFECTI~ DA~.] This se~io ··
n
173.6 · ~ u~ewHo ean~
173.7 ~n~ m~ ~u on~m iianceb ~ec' ~hMi~esota
S~t~[ se~ion ~5.~ s~divisi~ 3.
CrTY OF NEW HOPE
(Kirk McDonald. Director of Community Development)
House File No. 1478
Senate File No. 306
a_te rede..?iopment or soils condition TIF Districts for a 10-year period as
,,,~,,,,enL occurs w~in the Corridor.
In. addition to these issues relating to the overall redevelopment of the
Di · · oT IMss Lake Road/Winne ,-.-.-,,~.. u~ u~. Winnetka Avenue East Ama
:fter acquisition ~,,, ~s_~?e~e "thJctures were e~, .... -__, -_..,rteen parcels which cont=,i,,-,, F
avoid Potential . ~aty were subse ue . time of purchas
i .... vandalism or ~ ;,. .... .~.q .ntly demohshed by ~, e.o.r were vacated
eliminated, al-,-.- -"- '~'~'~ .-.uu?~ar~ard before their ~.~-~."" -uup; re~olutions effe,~;,~_~;: ___~a~.emess to
_ cts. The C' ' .. IX~te~ abil . _ _. ult, the struct . - g
statutes. S . ,fy ~s req,.u~tlng that these ity to qualify porn. ohs of the are ute,s_ have been
D~,,*.;--,- ection 469.174, sul~,;,._ ,,, .parcels be deemed a-~-~.--.,--, a as redevelopment ?m
· ..,,,~,,.m mere in futu,-~ ,--,-- · uy Mlnrtesota
· - ',=,.mvelopment TIF
Thank you for your Consideration of this matter.
Request for Special Legislation to Assist With Bass Lake Road Corridor Redevelopment
· City of New Hope has been studying redevelopment opportunities in the Bass Lake Road/Winnetka
avenue area for many years and the area is identified in the city's Comprehensive Plan for
redevelopment.
· This is a well documented redevelopment area and the City received a Livable Communities Grant
from the Metropolitan Council to study the redevelopment of four areas within the study area:
1. Bass Lake Road Apartment Area --
2. Winnetka A~enue. East Area' . .
3. Winnetka Avenue West Area ' ' .....
4. Northeast Bass Lake RoadlWinnetka Avenue Area
· The City would like to redevelop this area as an integrated tax increment financing pro ram
designating the Corridor as an independent ---:ect ....... g ,
districts ('TIF Districts") within the ~,-,,.,.;,,,,. ~..p,u_/.,_~..a_,_r~_ aha creaang small tax increment fin ·
....... '"'",,,,-- -~ ,eueve~opment o rs. anc~ng
- unaer me current T/F Act, however, accom"lishin ........ .ccu_: . .
most obvious obstacles are the five-year ru~ "-- u_ .a_.~.~ag.e.u reoeve!0Pment is extremel dlffic
restnctions In re,,-,--, ,- :---' - ~': , me cenFmo tax ca,,,,,,.,,, -,.. ...... Y.. ult. The
· ~,-,,, ,u . .u~,. e oD .staaes, the City is requesting ~"a'-c''''x ,am eno me pooling
~- The five-year limitation be extended to nine years allowing four additional years in which to pay
qualifying expenses, issue.bends, contract with third rtie · f
,- The certification, or"f,,~ ......... pa s for services or ncur expense~.
rate to float ,~a,+, ,,--"..'.~"~'~' g~ me local tax capacity ,--,- ,- ........ . -'
;, - -. z~-, mm me currant lax rate;'] '-'~ ,.~ e.m;natea allowing the tax Capacity
The tax increment pooling limitations be eliminated allowing tax increment generated within the
Corridor, regardless of the TIF District in which it was generated, to be spent within the Corridor
for a pedod of 20 years; and
.January 27, 2003
City of New Hope
Hope Village
Livable Communities Snidy Area Map
Our File No. 34-01-130
STUDY AREA BOUNDARY DE$CRIPTIOI~'
The parcels located generally within the f.ollowing described area: Bcg~rmmg at the
intersection of Winnetka Avenue N. and the westerly exte~ion oI'$g~ Avenue N.. east
on the westerly exteasion ot'$gm Avenue N. Io Sumter Avenue N., south on Sumter
Avenue N. to Bass Lake Road, east on Bass Lake Road ~o the ~ity boundaries o£New
Hope and Crystal, MN., south along said city boundary Io SL Raphael Drive, west on St.
Raphael Drive to Sumter Avenue N., south on Sumter Avenue N. to $3m Avenue N., west
on 53'~ Avenue N. to Winnetka Avenue N., north oa Winnetka Avenue N. to $$~ Avenue
N., west on 55~ Avenue N. to Zealand Avenue N., north on Zealand Avenue N. to Bass
Lake Road, east on Bass Lake Road to Yukon Avenue N., north on Yukon avenue N. to
Meadow Lake Road E., east on Meadow Lake Road E. to the intersection with the west
property line oi'New Hope Golf Course, south along the west property line of New Hope
Gol£Course to Bass Lake Road, east on Bass Lake Road to Winnetka Avenue N., north
on Winnetka Avenue N. ~o the point ofbeginning.
'"'"--Z --
II
COUNCP_
REQUEST FOR ACTION
Originating Department
Community Development
By: Kirk McDonald, Director of
Corem
By:
Approved for Agenda
9-22-03
Agenda Section
Development & Plannin~
Item No.
8.2
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE 'OF HEALTH CARE FACILITIES REVENUE
BONDS ('ST. THERESE HOME, INC. PROJECT), IN ONE OR MORE. SERIES, AND AUTHORIZING THE
EXECUTION OF NECESSARY DOCUMENTS
REQUESTED ACTION
Staff requests Council approval of the attached resolution, prepared by the City's bond council giving final
approval to the issuance of tax-exempt revenue bond under Minnesota Statues, Chapter 462C, to finance and
refinance improvements to its facilities in the City. The City's Director of Finance and City Attorney have
reviewed all the documents. Also, the applicant has paid the appropriate fees to the City.
POLICY/PAST PRACTICF
City goal #3 is to pursue the maintenance and redevelopment of commercial and residential Properties within
the city. In the past, the Council has approved the issuance of revenue bonds and approved housing Programs
to address this type of request.
BACKGROUND
On June 23, 2003, the City Council scheduled a public hearing at the request of'St. Therese Nursing Home to
consider the issuance of revenue bonds. On July 28, a public hearing was conducted and the Council
preliminarily approved the bond issuance. The City's bond consultant from Dorsey & Whitney has been
coordinating with the applicants and has Prepared the attached correspondence and resolution. The
correspondence states, 'The City has received a request from SL Therese Home, Inc. ("St. Therese") that the
City issue tax-exempt bonds under Minnesota Statues, Chapter 426C, to finance and refinance improvements
to its facilities in the City. The City Council at its meeting on July 28, 2003 Previously gave preliminary approval
to the issuance of Bonds, and St. Therese has requested that the City Council adopt a resolution at its
meeting on September 22m giving final approval to the issuance of the Bonds.'
Furthermore, Dorsey and Whitney state, 'The Bonds are Proposed to be issued in one or more series in the
aggregate Principal amount of up to $6,500,000. The debt service on the Bonds will be payable solely from
payments to be made by SL Therese and will be secured by a first mortgage on its facilities in New Hope. The
City will not have any liability with respect to the Bonds. SL Therese will pay all City expenses with respect to
the Bonds in accordance with the City's requirements for issuance of revenue bonds. St. Therese will pay the
City a fee of ~ of 1% of the principal amount of the Bonds in accordance with the City's requirement for
issuance of
MOTION BY
s com sv
TO:
~1 I:RFA\PLAI~
Request for Action
Page 2 9-22-03
The City's Director of Finance and City Attorney have reviewed all the documents. Also, the applicant has paid
the appropriate fees to the City.
On July 30, 2003, the Metropolitan Council submitted ~ attached letter to the Minnesota Housing Finance
Agency indicating support for the sub)ect action. The correspondence states, "The improvement and
preservation_of these 220 rental units in New Hope is consistent with both local and regional plans. The
Regional Blueprint encourages the preservation of life-cycle housing options throughout the region and in
particular, in the older communities. As a participant in the region's Livable Communities Local Housing
Incentives program and consistent with its LCA and comprehensive plan housing goals, this proposal will
preserve life cycle housing options in the City.'
On June 23, the City approved a resolution imposing a fee of ~ of 1% for issuance of revenue bonds. As the
City's bond council stated, SL Therase will pay the bond issuance fee. The fee is expected to be $32,500 or
of 1% of S6,500,000.
The attached resolution, in part, states:
· By the provisions of Minnesota Statutes, Chapter 462C, as emended (the 'Act"), the Cily is authorized
to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance
one or more multifamily housing developments within its boundaries, which revenue bonds or
obligations shall be payable solely from the revenues of the development. Pursuant to Section
462C.07, Subdivision 1 of the Act, in the purchase or making of multifamily housing loans and the
issuance of revenue bonds or other obligations, the City may exercise within its corporate limits any of
the powers the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter
462A, without limitation under the ProVisions of Minnesota' Statutes, Chapter 475.
· At the request from rePresentatives of St. Therese Home, Inc., a Minnesota nonprofit corporation ('the
"Company'). the City has approved a housing program (the 'Program') PUrsuant to the Act, which
provides for the issuance by the City of revenue bonds ('the 'Bonds') under the Act to finance the
remodeling of, the construction of additions to and the acquisition and installation of equipment in St.
tThhee~:me Ca~e..Center, an. ursi_ng home facilily licensed for 302 beds.
.... _mpany rne Proceeos of which we,- .... -' .... and to refinance indebtedn,~e
~,,o [o st Th ,, uo=u u~ nnance im rove
· erese Apartments, a 220-u · P ments to St Therese
St. Therese Apartrnen,~ ..,,~ ...... .J.nit _senior rental housin facil' 8 ' _~C. are.Center
- -,~ ,.,ming ny me c:omnan- ---, ,---?-g? - r-_~,_. L Therese Care Center and
Bass Lake Road, respectively, in the City. ,- x ,.,- ,u~meo at 8000 Bass Lake Road and 80~
· It is hereby determined that it is desirable for the City to proceed
~er_m.o.._r.e ser!es in a maximum aggregate nrinci,,-, ........ with the issuance of the Bonds in one
=-q Interest at the rates par annum ---'"' - P"' -,-.?unx not to exceed $6,500.0
contain the further terms --.-, ......d,, marem on rrm dates and i,~ ,k ...... . !00. The Bonds shall
. -,-, ~rmmons, including revisions ,, -,~ pnnc~pal amounts, and shall
pnor to the stated maturity thereof, set fo ' P with respect to redem
~ay be amended or co,.,,d,,,..-, ..... ~ Jn the Indenture here m.~ m.d ....~,_ .~ pt_ion of the Bonds
[ne i-* ......... ...~.,-~u ~ nerelna/ter n,.,-~,~,.~,~ .,.,__tofore ,,,~u mm [ne Ci~,/--. o~.-
,,,~ uy [ne Bonds, the ,,--,.~--, ~-?.. p~.nc, fpal amount of the Bond
~',,,,,,,pd~ mammy SCl'Jedule for the Bonds,
determined.~T=i,d,_~_??'.U_nderwrimr urmer the [~nor to maturity and the purchase ri
· ~ ,v~ r an d P ce for the
provided that th~ ,,...., .... City neger are hereby d,m.,,...~., ._ Ag nt have not as vet
i --_.~ ,,,,~_ mum egg ate ' · ~."_ -'"_"'"~ m approve - - .....,
nterest rate u ,k ...... reg. pnnc~pal am~,,~ -, ,,- .... such terms of the
ri .,v s~rlgs · .,.,.,~,~s ~ iflo cIon(3$ ~ ...... *,do,
!he date of ,ssuance ?7'_O0%.par annum Son-- not .ex d $S.SO0.O00.
raceme taxati fl ~ .... -'~_-,,, ~g mr BONOS of a · . ,,~u re no later than 31 ' -
less than ooo°/O::~, ."/~ pu~ price of th. n..-._ _se. nas .the Interest on which k. ..... ~yea_rs after
__ ---:.. -,~,o uT me dnci,~ -.- ,~. ;,ua oT sum, · . -' _'-: -,,-;,,p~ -om rede
aeries tile ' P ,..I amount lhereof · nas to be paid th . ral
interest on wh' · · (excluswe of · · . ~ · Underwriter ·
su · ~ch rs su ect . ongmal ~sue d' rs not
· ch senes to be pai,~ ~.- ,,-- ..bi . to federal raceme ~,,,,~ .... ?Count), and for Bond~
e ' " - "'x me uno · .. "-.~-~,,i, me · "--~-,
[ xclusfve of original i ....... erwriter rs not less "- ...... purctmse price of ~ n,.,.-,_ _.
--u~ orscount), umn u,~% of the principal arnourl~j~u~
Request for Action Page 3 9-22-03
The Mayor and the City Manager of the City are authorized and directed to prepare and execute the
Bonds and to deliver them to the Trustee pursuant to the Indenture for authentication and delivery to
the purchaser or purchasers thereof, together with a certified copy of this resolution and other
documents required by the Indenture. As provided in the Indenture, the Bonds shall be executed by the
manual or facsimile signatures of the Mayor and City .Manager and shall be authenticated by the Bond
Registrar (as defined in the Indenture), as authenticating agent, pursuant to Minnesota Statutes,
Section 475.55, Subdivision 1.
· As provided in the Indenture, the Bonds are special, limited obligations of the City. Principal of,
premium, if any, and interest on the Bonds are payable solely out of the revenues derived from the
sources described in the granting clauses of the Indenture. Neither the State of Minnesota nor the
County of Hennepin shall in any event be liable for the payment of the principal of, premium, if any, or
interest on the Bonds or for the performance of any pledge, mortgage, obligation or agreement of any
kind whatsoever that may be undertaken by the City. Neither the Bonds nor any of the agreements or
obligations of the City contained in the City Financing Documents shall be construed to constitute an
indebtedness of the State of Minnesota, the CountY of He_nnepin or the City, within the meaning of any
constitutional or statutory provisions whatsoever, nor t° cOnStitute or give rise to a pecuniary liability or
be a charge against the general credit or taxing power of the State of Minnesota, the County of
Hennepin or the City. The agreement of the City to perform the covenants and other Provisions
contained in this resolution or the Bonds, the City Financing Documents or the Bond Purchase
Agreement shall be subject at all times to the availability of the revenues furnished by the Company
sufficient to pay all costs of such enforcement or the enforcement thereof, and the City shall not be
subject to any personal or pecuniary liability thereon other than as stated above.
· The approvals hereby given to the vadous documents referred to above includes approval of such
additional details therein as may be necessary ~nd "apPropriate and such modifications thereof,
deletions therefrom and additions thereto as may be approved by the City Attorney and by the Mayor
and the City Manager authorized herein to execute said documents prior to their execution; and the
Mayor and the City Manager are hereby authorized to approve said changes on behalf of the City. The
execution of any instrument by the appropriate officer or officers of the City herein authorized shall be
conclusive evidence of the approval of such documents in accordance with the terms hereof. In the
absence of the Mayor or the City Manager, the documents authorized by this resolution to be executed
may be executed by the Acting Mayor or the Assistant City Manager.
Representatives from SL Theresa were requested to attend tonight's meeting to respond to any questions
concerning the Proposed Bonds.
Staff recommends approval of the resolution.
FUNDING
The city's bond counsel has stated that the City will not have any liability with respect to the Bonds. St.
Therese will pay all City expenses related to the Bonds in accordance with the City's requirements for
issuance of revenue bonds. Also, St. Theresa will pay the City a fee of ~ of 1% (approximately $32,500) of the
principal amount of the Bonds in accordance with the City's requirement for issuance of revenue bonds.
ATTACHMENTS
· Resolution --
i Bond Counsel Correspondence, 9-16-03
St. Therese Financial Correspondence (Attachment B - Quarterly Financial Statements are available for
review in the Community Development Department)
Metropolitan Council Correspondence, 7-3-03
· City Council Minutes, 7-28-03
· Location Map
RESOLUTION NO, 03-.
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE
OF HEALTH CARE FACIIdT~S REVENUE BONDS (ST.
THEE.ESE HOME, INC. PROJECT), IN ONE OR MORE
S -RZES, AND AU'mO O F.X crmo OF
NECESSARY DOCUMENTS
follows:
BE 1T RESOLVED by the City Council of the City of New Hope (the "City"), as
Section 1. Recitals and Finding.
1.1. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the
"Act"), the City is authorized.to plan, admin__i'ster, issue and sell rm'anue bonds or obligations to
make or purchase loans to finance one or more multifamfly housing developments within its
boundaries, which revenue bonds or obligations shall be payable solely from the revenues of the
development. Pursuant to Section 462C.07, Subdivision I of the Act, in the purchase or making
ofmultifarnily housing loans and the issuance of revenue bonds or other obligations, the City
may exercise within its corporate limits any of the power~ the Minnesota Housing Finance
Agency may exercise under Minnesota Statutes, Chapter 462A, without limitation under the
provisions of/vlinnesota Statutes, Chapter 475.
1.2. At the r~luest from representatives of St. Therese Home, Inc., a
Minnesota nonprofit corporation (the "Company"), the City has approved a housing program
(the "Program") pursuant to the Act, which provides for the issuance by the City of revenue
bonds (the "Bonds") under the Act to finance the' remodeling ot~ the construction of additions to
~mac~l~tyel~c~lms~l~on, ~n0~ beds, and to refinance indebtedness of the Compan~ the proceeds of
installation ofeqtupm~t m gL Therese Care Center a nursing home
which were used to finance improvements to SL Therese Care Center and to St, Therese
Apartments, a 220-unit senior rental housing facili
Apartments are owned ~,,, ,t._ ,.,_ .. ty. St. Therese Care Cent,,n- ,,,,,~ t,..,.,
,.,., ,uT ~..ompany ana located -o on,,,, ,. . _ _ - .... at. i nerese
Lake Road, respectively, in the City.. -, ovvu tress Lake Road and 8008 Bass
1.3. · . .
Associatio,, oo +... ....... /._ =aa me ~dlty aaa Wells Fargo t~._~., ,. . . Trust
+,__ ,., '" "-' ",~,~ line "~mstee"}. The ,,,,,,.._a. _,..;--~ '".~=' minnesota, National
~= ~..ompany pursuant to a Loan Ao,~.,~-.o~._~,,.'~_- utme Bom:Is will be loaned by
. mpany Under the Lo~,, ~-- _ ~ l.,oan Agreement'" - Y
· .-,, ,'~t/~=ement the C ), net'ween the Ciw and the
to pay the prmcinal o+' -------'- -- ompany will agree to ,,,,t.. ~ ..... -- _
and ....,_,_ .. ~_ ~, ~,~.auum, uany, and intere.,st on +~,-. t~___, "'"~.." ,,nm payments sut/lcient
~,,,~,m~u=. ~y me ~ . . u~ ~onas as
revenues and n*v,~e-,~ City will ~rant a securi~,; ........ hall become due
uc purchased bv N,--~'-~-, ,- --.~ ~= ~,ny ~ the lno.,
~ ,,,,,~um aeour/I/ ~,',r,~anenL The
Agreement [the "B---' '- - ~, Inc.(the "Underwri,,..~ --- _ Bonds are to
x ~uu rurctlase ~ ~ pursuant to a Bon
Underwmer Th- '-- A-~n,-ement"), by and am ......... d Purchase
· = maenture and *~,- · --- - v~ m~
Documents". ..,~ ~an .,~recrqent are refuted ..... ,~,.mj, ~mu me
~,.-=u m as the "City Financing
1.4. Drafts of the following documents relating to the Bonds have been
prepared and submitted to this Council and arc hereby directed to be filed m the office of the
City Clerk:
(i) Loan Agn~'ncnt;
(ii) Indenture;
(iii) Bond Purchase Agreement; and
(iv)
Preliminary Official Statement (the "Preliminary
Official Statement") relating to the offering of the
Bonds for sale by the Underwriter.
Section 2. A~oroval and Authorize!ion.
2.1. It is hereby determined that it is desirable for the City to proceed with the
issuance of the Bonds in one or more series in a maximum aggregate principal amount not to
exceed $6,500,000. The Bonds shall bear interest at the rates per annum and mature on the dates
and in the principal amounts, and shall contain the further terms and conditions, including
provisions with respect to redemption of the Bonds prior to the stated maturity thereof, se~ forth
in the Indenture heretofore filed with the City (as the same may be amended or completed as
hereinafter provided). The aggregate principal amount of the Bonds, the interest rates to be
borne by the Bonds, the principal maturity schedule for the Bonds, the provisions with respect to
redemption of the Bonds prior to maturity and the purchase price for the Bonds to be paid by the
Underwriter under the Bond Purchase Agreement have not as yet been determined. The Mayor
and City Manager are hereby authorized to approve such terms of the Bonds, provided that the
maximum aggregate principal amount of the Bonds does not exceed 1;6,500,000, no interest rate
on the Bonds exceeds 7.00% per annum the Bonds mature no later than 31 years after the date of
issuance thereof, and for Bonds cfa series the interest on which is exempt from federal income
taxation, the purchase price of the Bonds of such series to be paid by the Underwriter is not less
than 98% of the principal amount thereof(exclusive of original' issue discount), and for Bonds of
thereof (exclusive of original " ,.,-.,,~,, wtu~r ~s not less than 8;$% of the principal amount
issue discount),.
2.2.
is hereby atmrov,,n _.~_.T?!°rm o.f~e Bond Purchase Agreement heretot'--- ,-. ...... _
o -'".' '-"v ~,tLy a'tltorn 'ih ...~,.~ uy mc Ma r
Underwriter ul~on the ,-..--,- ..-- ,'-~,- 'eYL a_e Bonds are hereby authorized to b- ..-'-' -- ~- yo.
·. ,- - -,--,~. ,-r mrm m mc B,--a "----- - ~ ~,tu Lo me
~v~ me uond Purchase a,,,.~..._.: ........ ,a~/. on_ ,,enat!otthe city, to execute
· --a,,~au~u~ m suosmntiallv He fo ........ and
heretofore filed with the City, together with such changes and completions thereofas may be
., u,m uxme uoncl Purchase Agreement
approved by the Mayor, the City Manager and the City Attorney, subject
contained in this ·
e,~r~.2~ ~e ex,mi.'on thereof to constitute to the limitations
approval of such ,,~s~ ama compleUons, conclusive m, idence of the
2
2.3. The forms of the City Financing Documents heretofore filed with the City
are h~reby appwved. The Mayor and the City Manager of the City are hereby authorized and
directed, on behalf of the City, to execute and dehver the City Financing Documents in
substantially the forms hereby approved, but including such modifications, insertions and
additions as are necessary and appwpriate in the/r opm/on and in the opm/on of the City
Attorney and consistent w/th the Act. The execution of the City Financing Documents by the
appwpr/ate officers of the City shall be conclusive ev/dence of the appwvaI thereof and of the
terms of the Bonds by the City.
2.4. The City hereby consents to the dislribufion by the Under~,riter of the
Prelimmary Official S~atement and the final Official Statement to potential purchasers of the
Bonds; however, the CiD' makes no representations with respect to, and assumes no
responsibihty for the sufficiency, accuracy, completeness or contents o/; the Preliminary Official
Statement or the final Official Statement. To satisfy the requirements of Rule I$c2-12 of the
Securities Exchange Commission, as amended, upon the finalization of the Preliminary Official
S~aternent the City Manager is hereby authorized on behalf of the City to deem the information
relating to the City comained in the Preliminary Official S~atement to be final as of its date.
2.5. The Mayor and the City Manager of the City are authorized and directed
of this resolution and o~ d~.,'"~,.~,~--.~,-~-~-°-r~ur~..,n~s_ ,er~. lnereoI, together with a certified copy
~,um~ura ~-ximrea Dy Ule ulaenlllre .As ' '
.th.e Bonds shall be executed by the manual or fac,4,,,~. --. ~ · _ provided m the Indenture,
manager and shall be ,,,,a,_.,: .... ., ,_ ...... ~"'~. ~ Jt .~l~'urm orthe Mayor and Ci
· .,,-..,.-.,~,~a=u vy me ~ona l,~egmtrar (as defined in the Indenture)?as
authenticating agent, pursuant to Minnesota Statutes, Section 475.$$, Subdivision 1.
2.6. As provided in the Indenture, the Bonds are special, limited obligations of
the City. Pri.n. Cipal o/; premium, if any, and interest on the Bonds are payable solely out of the
revenues .derived from the sources descn~ m the. granting clauses of the Ind ·
State of Minnesota nor the County ofHenn~,,in ,~,.,: ..... enture. Neither the
the principal ot~ premium, if any, or interest on the Bonds or for the Performance of any pledge,
-r ,,,,,um any event I~e liable for the payment of
mortgage, obligation or agreement of any kind whatsoever that may be undertaken by the City.
Neither the Bonds nor any of the agreemen~ or obligations of the ' ·
Financing Documents shall be , .... _.. ....... City contained m the Citv
an react)redness of the State of Minnesota,
the County of Hennepin or the City, within the meaning of any constitutional or statutory
provisions whatsoever, nor to constitute or 'ye '
the g~"al credit or taxin g~ rise to a pecuniary liabili or b ·
g power of the State of Minn ty · a charge against
The agreement of the City to ,,,.,~'.---- ,~-- . .esota, the County of Hennenin ,- ,~, ·
resolution _ E'-,~_~m m= covenants ana *~,,,..------'-- . -,- o. -,e City.
or the Bonds, the CityFinan,.;,,. n.. ..... o~..,., p_.,,.,vasmns contained in th/s
subject at all thnes to the ava/]ab/1/ty "'"$ ,.,,o~;um=nts or tae Bond Purchase Agreement shall be
of the revenues rum/shed by the Company sufficient to pay
all costs of such
personal eriforeement or the enforcement thereo/; and the City shall not be subject to any
or pecan/ary liability ~-other than as rated above.
· 2.7. The Mayor, the City Mana er
caoUp~e°foZ;t?d d/rected to prep. and furn/sh to ~.~n~d tbe City .Clerk ofth, City are
.... proceed/ngs and records of th- "~- · unsei and the Underwriter c~:"--
~, -,- ,,~tuu=u m s~ow the . _ _ ..-~,-_~ mm such other ·
facis relating ro the ! ....
egality of the Bonds as such
facts appear from the books and records in the officers' custody and control or as otherwise
known to them; and all such certified copies, certificates and affidavits, including any heretofore
furnished, shall constitute representations of the City as to the troth of all statements contained
therein. -
2.8. The Mayor and the City Manager of the City are hereby authorized to
execute such additional agreements, documents and certificates in connection with the Bonds as
may be necessary and appropriate in their opinion and in the opinion of the City Attorney and
consistent with the Act. Copies of such additional agreements, documents and certificates, when
executed, shall be delivered, filed and recorded as provided therein.
2.9. The approvals hereby given to the various documents referred to above
includes approval of such additional details therein as may be necessary and appropriate and
such modifications thereof, deletions therefrom and additions thereto as may be approved by the
City Attorney and by the Mayor and the City Manager authorized herein to execute said
documents prior to their execution; and the Mayor and the City Manager are hereby authorized
to approve said changes on behalf of the City. The execution of any insmm~ent by the
appropriate officer or officers of the City herein authorized shall be conclusive evidence of'the
approval of such documents in accordance with the terms hereof. In the absence of the Mayor or
the City Manager, the documents authorized by this resolution to be executed may be executed
by the Acting Mayor or the Assistant City Manager.
Adopted this 22nd day of September, 2003.
Attest:
City Cl~k
Mayor
4
DORsE¥ & WHITN~.~ LLP
I~. D~:~=! Donahue
City Ms~B~.r
City ofNcw Ho/~
N~w H~¢, MN' $~42~
2003
NoIvo IrONc
~v~: Proposed Rev~ Boz~ for St. l~=~se H~me,/nc.
Dear.~r. Doaabuc:
DOR.$~y & WHITNEy LLP
Mr. Daniel Danahae
Sepmmbcr 1 ~, 2003
hryou have a=y questions, p/=ue cai/me.
cc: Stove Sondrall
HOME. INC.
8000 Bas: Lake Road * M:nneap,,l,. MN 55-125.319o · Phone: 763-531-5000 * Fax:
ST. THERESE NURSING HOME, INC.
APPLICATION TO
ISSUE TAX-EXEMPT REVENUE BONDS
This application is submlncd by $~. Therese Nursing Home.,/nc. ("S~. Thcrese") for e
resolution oftbe City Council authoring issuance of tax exempt revenue bonds in an amoum
not to exceed $6,500,000 for the vmiect d-.--:~---, ....
from the bonds w/U be u~ed tn. ~:~"~- ~'~-v~.~emw_m~e Cil7 of New Hope. /¥oceeds
approxtmate]y $3,400.000 ,,,,-,-.-,;-- -- ,-,- ,- _ Care Center ii]) ~ftmd
support for i~s re~ue~' o.,,~,,,~ ~ ~. ~aere~e mottle (i/i) pay co~s ofi-esuance. As
St. There~e daow~ and stares the following:
1. $~. There~e operate~ a nm'~ing home/'or the accommodation of and ca~ of ~]d-erly person~ at
8000 Bas~ Lake Road, New Hope, Mim, esota (the
]icer~ed beds and has opera~ed ~ince ] 9~. "C.m'e Center"). The Care Center h~ 302
2. St. :/'ben=se also operates a congregate l/yin fac~ · ·
seniors at 8008 Bass Lake Ro~,~ ~a,,, u~ g,.. ty pto~ding homing w/th s
was constructed m 19 u~c, ~-mnesora ("the Re~dence" ·
· .. 79 om ora commmzi need · ). The Residence
housing fac~l/ty tlult would Provide a conti~tT,,.....~P__e~__~,ved .by ~.t. Therese for an elder!
constant nm'sing attentio . .~, ~,, cm'~ zor elect! ?'.
while o,.--.: .... .n. The Residence provides ~,,,,,,~--...,~ y P~. ons not yet requu-me
.7,~_~m~ mere to maintaia t~, a,a__~ -- .-~-,.~ w~m scrv]ccs for th
O ' ---.-- .
P sswle. :l~e Reda ..... "-~a~eace a~(! privacy *- -,- · -~,
· . ,,-,-~ com~a ofea ~ . . r . ~, ua me mardmum extent
description of the set~i ...... ap eat bm/ding with 2.2n ,,,,;,,. - ~-
Attachmeat A. ~ ~mv]nea to temmts by the Resideace is L~t~e~] ~ turner
3. St. ~..e~e~e is a Mizmesota aoapmfit corporation. St. Th ·
f, om "/ /_o?mz=ionpum t to or
uenter and the n.~a__ ~ _--~.,mu -'~eveaue Service. c; .... ,_ . . --, ,-~ugu~ 25, 1967
-----,,~,a~ nave been e~em,~t from ---, ~-'~ mca- meoption, both th-. ,~--
4 St '~ ~ '"'r"m ~matetaxes.
· .. aaerese Articles oflacotpm.~oa rmte - · -
aut7 nuts/ne ouer. a,,.. ,, :,~--"."' ,ea~neace fac/l/ties ~a ..~ .... 7 ~,--~a~mp and
· . . - .... ,,a. zae AI~/C ' --- '~a,~U rebab .... -'-'-"
gain, mc~deatal or ~----. le~ provide that St. ~- ...... il/tat/on and
ofOo '~ -,,,caws., to itl m,,,,,~-..,. --,~ae sJaaU no, -~'----, - -'
~'- x ncrcse, its aase~ .k.n ~._ .. ~---.,~a. x ne Azticl ...... - ,,-urn peCl~arv
uted ozdy to ,~,,u& .-__ .. Upon the
$,,aN-r THSaSSS Ho~...A Vocu~; Nov.P~.n., (~trr-suPPoaT~ O~,,avr~rg,w
!
organizations. Pursuant w its bylaws. St. Therese has a nine-member Board of Directors who
receive no compensation for their services.
Key personnel of St. There, se include thc following:
Barb Rode/s the President/Chief Executive (~ffi¢~fSt. Theres¢. She also holds fl~e
license as the nursing home administrator. Ms. Rode holds a M.S. in G=neomoiogy fi.om
Nova Southeastern Umversity and a B.A. in Organizational Stmclures in Management
fi'om Bethel College and Seminary. Ms. Rode has worked in long term care and senior
housing for 31 years. Ms. Rode serves on the Minnesota Health & Housing Alliance
Associate as the National Delegate for Minnesota. Her--revi ....... '-' - - -
Theresie was ad~m, F, uu$ po$1llon DeIore St.
· istrator of Cuyuna Regional Medical Canter, Care Center and served
the Minnesota Deparlmen! o£Health Rural Advisory Board,Retired Senior Volumeer
Program board, Rural County Based Purchasing Board and numerous health care related
committees.
Gerald M. Pizi~er~ .Ir is the Chief Financial Officer of SL There. se. He has a B.A. in
business admmistratio~ from the University of St. Thomas and is a licensed certified
public accountanL
6. St. Therese currently employs approximately 500 employees in the City of New Hope.
7. Audited financial statements for gL There. se Home for the years ending June 30, 2001 and
2002 are attached as Attachment B.
1. A brief description of the proposed St. There. se project as contained in a memorandum fi.om
the St. Therese staff'to the City of New Hope, dated June 20, 2003, is attached hereto as
Attachment C.
2. The St. Then:se project has been designed to expand and
will maintain the quality of life for ~:-' - · remodel the Care Center in ways that
ora Palliative ........ ~:__,., . ,,~uucnls an/l K'xlants Th. ,.,,.:_ t_ _
pharmacv/m~,,,n ,__,, _ :}, addition ora business r,m,,. ~,,.: .... onstructwn
,,..,~aup generator. - ---',-,~,~ ayr, em; and expandine the ·
t~ capacity of the
3. The St. Therese project is am--' ....
provider and employer o, ~,,ummz~on effort for an inm,~-.o ,.,__ ..
as a care provider in t~,. ~,.._,... _ en. loyed an excellent ...... pe onprofit sennce
--" ~"z~.T uil~f~W ~']ODe tx. .... u;pu~allOIl gor OV Ih;...... _
jobs at -,-,.. ,.,-m- zorn' thousand staff'- ..... v. er..,.,), years
~t. Therese and the care provided to .... -,~,= aan meaningful
always oeen main ' · n:~oents and tenan b
tamed at the lzighest levels. In ~ .... ts y_ these employees has
and physical plant must be kept in good ·.
· -,,,aa- m continue this tradition, the buildings
~e cha?. ging resident and *,~-,,, ...... ?pan- and penod/c~Uy ..,__., ....
oe a vaJuable norm,,,~;. ~-___.--'~.' _yypuumon. With these e.,b~.~'~'~~u m meet the needs of
-'~""", aanaee to the ~e--, o~. Th ·
New Hope COmmun/ty. erese can continue to
4. It is not expect~ that there will be any significant environmental effects caused by the St.
There,se project.
5. Thc approximate date ofcommencemem of the St. Theresc proj~! is April 1, 2003, with
corr~_~ letion anticipated ~ five months.
The Bonds
1. The amount o£bonds proposed to be issued for th· projec! in the Cio/of'New Hop~ shall no!
exceed $6,500,000,
mortgage, of which approximately $3,400,000 will .be used to retire the outstanding
2. The bond issuers have not been selected at this time.
3. Larson, Allez~ W~ishair & Co., 220 South Sixth '
5402: serve as the accountants Strut, Suite 1000 Minneapolis. Minnesota
to SL Therese ia com~ectian with the project and the bond
mancmg.
4. Growth Resource Parmers LLC, 7545 Office Ridge Circle, Eden Prairie,
serve as ~ncial advisors on the bond ~nancing. ~ 55344.3644
oa,,uz, s~rves as legal coupe! for._ _ ~ S~~ ohs. ' ....
~c~g St ~e m ~~ ~ ,,___. ~..- ~o~
· m= ~j~ ~a ~e bond
6. Jerome p. Gilligan, Dorsey & Whimey, L.L.P., 220 South Sixlh S~'eL Minneapolis,
Minnesota, serves as bond counsel to the City of Nmv Hope.
7. steven Sondrall, J~a. Swamo~ & S~'
muer s counsel m me L;fly of New Hope. g
A .ch~_k for the $$00 no~-~fuedable t~
a Check for a $5 000 ---- ..... ee to the of the Ci~ ,.,r~,,__ ,.
, -m;una~le Sit . -; ,.,-,,mw nope is a
legal, accountin,, ---, ~ . depo $o the City of New ~ · Rached. In additi,,,,
· · -.- ~u~rese Aer~bv ~,.-.~_ .~'-'~. o~ m me City are,,ida '--- ,,- -- "' ~ ma~ all
OV and in ,.,.-- _~ -' "--'~m m r~illlbm.~- ,u_ ,-.-~ t- ~, uy ~L -ill,I'Ve ..... .
.,- . - --' -~,au~'uoa with ~,,,.,--____,. ----,. ,u~ ~..ny of New u,,.._ ~ .... ,,u a umety
oonas are sold or the,,--,~--'~---""a~ tory al/orney, and ei~ k,,,..~ ~'..._'~__'~, _ .'m~an_cmg, mcludia
~',w~ m complet~L ---- -,,,,,, ~oumm, wtmthor orno~ theg
3
Respa-riley
Dated .]'tme 20, 2003.
ST. THERESE HOME, INC.
4
A TTA ~~A
DESCRIPT/ON OF ST. THERESE RESIDENCE SERVICES
1. The Residence cmpJoys thirty three full time - uival ·
· - ' ' ~! a~ent empJoyees, consistm
approx,mate~y three admimslradv¢, one social service ..... -, . .. .g of
, uu~ arno a llRl~aMorai car~. ori~
reg/stered nurse, one licemed p~acr/ca/nurse, twenty home health a/des, n~,o activities staff,
three secur/ty personnel.
f_o,r~a .con~uum of care facilin~
nursing sup~ ~ ~~ ~ a n..~- ~r ela=~ p~ not ~t ~Ui~ng 24-hour
· e eld=Jy at a ~Je ,~, , _~;~ ~e~ yet pm~d~ n~ s~c~ for
~sc to pm~de ~~" ~ P~ ozme pl~ ~ me ~n~u~ of~ w~ for
U~g ~g~ W ~e eld~ly at low~ ~ m~ket
~o~e to ~e ~no~c Pw~e ~d n~ of~e eld~Jy ~u~g ~s s~ce.
Wi~ ~ m ~epb~ d~i~ of~e R~id~ce, eit
?dmo~ a~ b~ d~i~ ~ ~di~-a .-:.- -~ ~ne ~~ ~d four ~o
~y~ ~. ~ · .
z~s to ~~e a wh~ · · ~m~ ~t ~ ·
- . ~"~=mab ' -' ·
door s~ ~ ei=~ ] .... ~ .... ~l m s~ ~~ ~!1~, ..... ~ _ ..
All non hTdic.a~.ed um~ .con. tam special features for the elderly, which can be adapted to
their needs Exterior and interior doorways are han~capped accessible.
5. ,Bach a.p.anm _e~t is coanected to a 24-hour em _.
~ocat~ m each bathroom ..a ,-__, . ergency call swt,~.~ A _ ~
oder to co d
· , ,aaorgency puli cord. ~-u~rgancy services. There is no
6. ~ach apartment is equipped with smoke -
equipped with spz'hlkler ,~e and heat detectors ill ca~ of
aystem, smoke and heat d-,,.-.-~ fire. Bach halJwa- ·
7. The - .-.~ua~, and fire e~neui,.~.~ ay
such as ciera,-- - !.fthe Re~ideaee coatain ,---:-, ,.
bamtmil~, ADA amom~tl m~p ttant for elder!
8. ·ne coz~mon b~ .... aa~
for the coav--:~=-'"'L~_-' aa ~u aoa-lumdie~.ed
-,u~nce ot ~ elderly. --,-,- uoors are equipped with
· walk-in ~howets
9. All floors are equipped with
point~ for co _ amp ebaliwa wi
mfort and ~aae. ys th handrail, and with sitting areas at halfway
Doc~ I 1 !354013
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10. Dining mom service is provided for an evening meal during the week and a noon meal on
Sunny. Additional me, al service is in the research process to pwvide a dailv brunch to meet
the changing needs of Residence tenants. Meals are delivered, at an addhio;~al Cost, when a
tenant is unable to dine m the Residence dining mom.
bondresapLdoc
1. Within the Residence, the Social Serv/ce Department serves tenant needs, including,, among
oth~ s~ces, pro~ding assistance with Care Center placement and assisting in resolving
any physic~ mental, emot/onal, or other problem that may arise. Social Scvv/ces can include
helping a new tenant cope with the emotional trauma of moving from a life-long home,
contacting relatives concerning the hca/th ora tenanL holding a health-care conference in
conjunction w/th P. es/dencc staff to determine how a tenant could best be maintained in his or
h~ apartment Tenant are not char~ed s~arateJy for the services received from the
Residence Social Service'Depamnent.
12. Within the Residence, the Pastoral Care Department provides continuous support through
many one-on-one and group sessions, including the following:
a. ~e .fr/,ende:s_ Group members are
Kes~aence rastora] Care Coordinator As B ..... ,,aucr me supervision of the
· cmenaers, th ad
cxpmencmg gr/efor loneliness an,~ ~. ....... ,,-. ey opt a tenant who may be
. pamc~pate m other acfiv/fies to sssi,-, - · ..... ~end .. They ',as~L d/ne, or
b. The Spouse Sul~on ~-- _ o, ,, ,-nam mrouga touga Periods
physical ormcnta] in~'-,,ac/,-. ,---- g a loss ora loved one throu,,h
? ~ Ly. ~vzcrno~ meet on a · · ~"'
theaT:reralcraIf.are Coord/nator moderating, to discuss th~'g~l~e~s~-b-a~-,/s' vath the Residence
=m experiences dealing with the Joy-j - ~- ~.n~ concerns and share
caregiver e~ one ozwhica they are the sole
c. The .GriefGroup meets to discuss the loss ora loved o ,
meetings are geared toward . ,, ,,~. ...... n_e through death. Time
experience, talking ,,~,uu~ men- loss, sadness and loneliness the~
d. Pastoral visits are done on an individual basis to those tenants who request the service
or to reach out to those tenants who may be feeling alone and might feel the need but
e. Communion rails are made dali,, to *'- ........
ann are unable to . ~ muac mmv~duals who ·
£ o.=-_~ . attend daily denominati,--,-, ---. experience health nrobl,~,-
wish to learn more -'----- :.~, .u~_a_ .y acr~pture classes are offered ....
~ ,., ..._ ,,uu~ melt faith, rar. u weelcly Ior tenants w
a. ~all · . ho
Y Mass ,e offered m "-- - - -. -
tenants to .m_= on-site LIRie Plower
further the can . .. Chapel for the ·
chmen! oftheu, spmtual lives, convemence o£our
Tenants are not ~ separatel,, for
Department. -' °'-'~rnces received from the Residence Pastoral Care
Doc~ I !
A~
I3. Within thc Residence, thc Home Health D~m~onent off'ers assisumcc with daily living ~o
help fo. contm g t l.dm the
a. =ammg services are provided either m the privacy of the tenant's apartment or the
wh/rlpool mb room located on ground floor.
b. Assistance with daily lifting services such as cL, v, ssing and grooming ar~ provided as
tenant reque.~~
c. Meals prepared in the tenant's apartmenL specificaljy for the residing tenant include
brcakf~ lunch, dizmer, and snacks.
d. Preset/bed medications are monitored and dispensed per doctor's orders.
e. Grocery shopping serv/ces are provided every Tu~day. The tenant makes a list with
up are available, ap~-mg c~ennm& au.~ng, or general t~dymg
g' aESpp~ts~arem~Pmw/~.'th/n~' ~:bth:;~:t__ena~_ts_w,b..o..want or_need to attend act/v/des or
Residence are escorted if ~,,,,~. m aumnoa, me~..'cal appointments outs/de of the
answerecL - -- ~,~ ,a uonducted for tenants to get medical concerns
-~cneamea basis is in the piunnine stae ......... aeeds on a regularly
year. a ~cs ann small/bt flnplementation w/th/n one
i4. Housekeeping services are ofl~ered on a biweeki · .
traffic areas, cleanine the t~,.~._ ,, _ ~ bans. The services incs,,.~- -- ·
some instancee *---~- ~..au~u hoot, and cJeanine the ~,-*'-- -- ,- ..u~ vacuuming
addition_ reo~,s~-s .... ,__...no.t phya/cally able to utili... ....... .nxtums and floor, in
requested or,~,,~--~ -, - tch. en floor waxing is ~ ,.~..~ . .... r.scrub tubs. in
apar~ent, ~,;-.~,.,__ Permnned as needed. ~---- - hal servmes are
mo-'- ' ".,-..-,~.rdy monitor the in-aparanent .,s..__ _~.o. useaceeping personnel that enter
mtortog helps administrl~ . . ,.~aa~cs ~ ~ay occttr ~
are not charged senm,~,..~, ~_=o~n_._determine ffaddit/onal ,,o~,., ..... [or a tenant; as th~s
-..,, 0,= ~r~e. smence HOusekeeping
~$. · ...
.tThen:nRtsTi~J~yAC~v~~l.e..~..,t- _Pmvid_es, act/vities to enhance the da/,... _
ranch bunch, -*--',-- · :- maea a men s co~,, ~ --- . ~y uves
de ' · ,,,uy excrete- . '"--' -,. uuaver~/oa
l venes, ceraz,/. caUh. wl xel. .... group, an out-to-
loc "-, ,,~u~a, co0. ' c ' ~,'"'-~' ~nOppm
a/New Hone ~--,.~.~ ~ la~ m-house,-,..--__ · . g, -house ~'ocerv
Om -'- "~~ o ' to '"""'~, amg-alon' 'ab · -. ---,
bake sales, city h..~.., . .~....pinata events occur wi~:- .,~ ? _,.u.~ ~.a"Paettm Thent~.
-- --=-.~ ~ e.,,.~,,....__ _ -ua me Re~aen,... o.- .... -~,-.
~ --....~uas. bitthd~., .....~ ..... ,-~ mat mealude tenant
Do~ 111354013
A-3
16.
I7.
Physical, occupational and speech therapies are available w tenants of the Residence
through St. Therese Rehab Agency.
The Residence has a pendant call system. The system identifies the area in which the tcnam
is located when the system is rapped. The system is for those tenanls who feel they would.
like the extra security of knowing someone is a push button away. The rr, ccivcrs are located
in the residence office, on the 1 West station in the Care Center, and on a pager worn by
either a security attendant or home health aide. The receivers located in three areas
facilitate the first response.
The average age of tenants residing in the Residence is concurrent with Care Center
residents.
I)oc~1113540~
A-4
Metropolitan Council
$u1¥ 30, 2003
Tim Marx, Commissioner
Minnesota Housing Finance Agon~
400 Sibley Street, Sm. 300
St. Paul, MN55101
City of New Hope
Housing Revenue Bond Program - SL Theresa Care Center and Apartments
Metropolitan Counc/I Ref~,,,d File No. 189g~-1
Dear Commissioner Marx:
The City of New Hope bas submitted for
proposed housing bond program for the S~ur review, pursuant to Minnesota Statutes Chapter 462C, a
was received in the Community Development ·
Division office on July 28, the Same da), as
public hearing. The program--,,-...ses '- ~- ....
ac uisi ' ' . r-~ m z~ance t~e · . . ~e pro, ram's
q t~on of installation ofeouim,,,,, ,. ,,-_ t,. ~ ~ consUuction of additions and
--,-r.,-.-. ,,, u/~ o~. · ~resa care '" ....... · . , the
,..~n~r and 220 umt semor rental housing
at 8008 Bass Lake Road in the cit~. The proposed issue wiI! be for up to ~6.5 million in revenue bonds.
The irnprovcrncnt and preservation oftbese """ . L .
~-uugnout ~e region and in panicular.~.~
~ommtm/fie,~ ~ ,...-~ z~ .... ,
. . _ ~ -'.~,ua~ incentives .ma,,,,,, ..,,~ .___. · "~ - _p~_ .czpant m me region's Liv.
hOUSing goal ,.,.-, __ ,-:.-?--, --,, ,.~ua~stent w/th ;*- · ,',- ---. - able
.,/' '---,---T "-' lamaa:r~ lhre.cycle ~,,,,..~._ __~ . · .-. -,,.~ aaa comprehensive elan
//~l~ty / ]1 '-'-,~ui~ upuO~ ill 13~ cfly. -
you .J~v~
questious~blease can me at 651-602-1418.
G on
cc;
East ~ Seca . SL Paul ~ S5101.182~ . 18511 el~ Metro '-
,4. p.,4.~r~.,.,s,,,m,G,,.k,,~-1000 . Fllc~l~.l~So . 'TIY~i'O~GI info LIne s02.1888
CITY OF NEW HOPE
PROJECT BU[LETiN'~;i
PROJECT NO.#752
Bulletin #1
2003 BACKYARD DRAINAGE IMPROVEMENT PROJECT
City Project #752
Overview
The city of New Hope has initiated a Backyard Drainage Improvement Project that will correct
drainage issues in Holiday Park and in the back yard of lots east of the park. The project includes
the installation of new yard drains and storm drainpipe to collect and remove nuisance water from
backyards in the area and from the park. The drainpipe will cross the park from east to west and
will connect to a storm sewer in Flag Avenue North.
Project Schedule
It is expected that the work will begin the week of September 22, 2003. Dudng the project, the
contractor will remove and reinstall portions of two chain-link fences on the block. Any turf
damaged dudng the construction will be replaced with sod. The contractor will access the site via
Flag Avenue and Holiday Park. The street will remain open throughout the project but the use of
Holiday Park may be limited while construction is underway. Given favorable weather conditions,
all of the work, including site restoration, should be completed by the end of October.
In a related project, parts of the Holiday Park playground structure are being painted this fall.
Therefore, the playground will periodically be fenced off and unavailable for use while the painting
is being done.
Contact Persons
If you have questions or concerns during this Backyard Drainage Improvement Project, please
direct your calls to Vince VanderTop, Project Engineer, at (651) 604-4790, or Tom Schuster,
Contract Manager, at (763) 592-6763.
19, 2003
September 25, 2003
Subject: Highway 169 Noise Wall
Dear New Hope Property Owner:
Construction of the noise wall along the east side of Highway 169-has been underway since mid
July. This Minnesota Department of Transportation project has been progressing swiftly,
benefiting from the dry conditions. According to information we have received from them,
Mn/DOT expects that the construction of the noise wall will be completed in early October.
Painting of the noise wall, the final grading along the front and back of the wall, and the
reinstallation of the chain link fence behind the wall should be completed by the middle of
October.
The chain link fence that was removed from along the right of way will be replaced as part of
this Mn/DOT project. This fence is necessary to ensure the safety of children and pets that
might otherwise be able to crawl under gaps intentionally left along the bottom of the noise wall
for drainage. In addition, uninterrupted access to the east side of the noise wall is required for
maintenance of the wall and the right of way. Grading of that part of the MnDOT right-of-way
along the backside of the wall is being done so as to match the grade of the adjacent back
yards prior to construction.
If you have questions or concerns, please contact Bden Konkol, Mn/DOT Project Engineer, at
763-797-3911.
Sincerely,
Tom Schuster
Contract Manager
cc: New Hope City Council Members Dan Donahue, City Manager
Guy Johnson, Director of Public Works
Mark Hanson, City Engineer
Valerie Leone, City Clerk
Brien Konkol, Mn/DOT Project Engineer
CITY OF NEW HOPE
4401 Xylon Avenue North * New Hope, Minnesota 55428-4898 * www. cfi.new-hope.mn.us
City Hall: 763-531-5100 · Police (non-emergency): 763-531-5170 * Public Works: 763-592-6777 · TDD: 763-531-5109
City Hall Fax: 763-531-5136 · Police Fax: 763-531-5174 · Public Works Fax: 763-592-6776
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES
August 6, 2003
City Hall, 7:00 p.m.
CALL TO ORDER
The New Hope Planning Commission met in regular session pursuant to due
call and notice thereof; Chairman Landy called the meeting to order at 7:00
p.m.
ROLL CALL
Present: Anderson, Barrick, Brauch, Buggy, Hemken, Landy, O'Brien,
Oelkers
Absent: Svendsen
Also Present: Kirk McDonald, Community Development Director, Steve
Sondrall, City Attorney, Vince Vander Top, Assistant City
Engineer, Ken Doresky, Community Development Specialist,
Pamela Sylvester, Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC03-10
Item 4.1
Chairman Landy introduced for discussion Item 4.1, Request for Conditional
Use Permit to Allow a Motor Fuel Facility, a Convenience Store with Gasoline
and Car Wash, and Site/Building Plan Review, 9456 Medicine Lake Road,
Sinclair Oil Corporation, Petitioners.
Mr. Kirk McDonald, community development director, stated that Sinclair Oil
was requesting a conditional use permit to allow a convenience store with
gasoline, a car wash, and site/building plan review. The property is in a CB
community business district and is located at the northeast comer of Highway
169 and Medicine Lake Road. The site is surrounded by R-4 high-density
residential apartments (Hillsboro Court) to the north and east, residential
properties across Highway 169 in the city of Plymouth to the west, and
commercial properties to the south across Medicine Lake Road in Golden
Valley. A small building is situated on a large site containing 39,999 square
feet or .9183 acres. The proposed building would contain 2,800 square feet,
the car wash 960 square feet, and the canopy 2,448 square feet. With the
new development, the green area would be 55 percent, building area 10
percent, and paved area 35 percent. The city's Comprehensive Plan identified
this site as an area for redevelopment.
Sinclair Oil Corporation proposed to construct a new convenience store, a car
wash building, and other site improvements. McDonald stated that the
petitioner submitted correspondence indicating that phase one would take
place dudng the summer and fall of 2003 and phase two would be completed
during the summer of 2004. The first phase would consist of removing the
existing islands, dispensers, piping, underground storage tanks and installing
new double wall fiberglass underground storage tanks, double wall product
piping, pay-at-the-pump dispensers and a new canopy over the new
dispensers. Two underground storage tanks would be installed: one 12,000-
gallon tank for one product and one 12,000-gallon compartmentalized tank
(7,000 and 5,000-gallon compartments), which would hold two products.
There would be four dispensers with controls and electronics to accept credit
cards at the pump. A 24-foot by 102-foot canopy on eight columns would
cover the dispensers. Canopy lighting would consist of 16 lights mounted on
the canopy deck. The lights would have fiat lenses and be mounted flush with
the canopy deck panels.
Phase two would consist of constructing a new 35-foot by 80-foot convenience
store and a 24-foot by 40-foot car wash building with all the related equipment
and controls. The existing building would be removed. The final grades with all
curbing, paving and perimeter lights are to be completed as the buildings near
completion. Landscaping would be completed as the entire project is finished.
Sinclair would operate the facility with company employees. Delivery of
petroleum would be by Sinclair Trucking and Sinclair can control delivery of
product to specific times of the day. With the proposed dispensing equipment,
Sinclair would be installing the necessary controls to enable customers to
pumhase petroleum on a 24-hour basis. The necessary signage, shutoff
switches, phone locations, etc. would be reviewed with city officials prior to
installation during construction.
McDonald added that the convenience store would offer cold and hot ddnks
with fast foods and general merchandise. Sinclair would not offer any outside
display area or outside sales on a regular basis. If outside sales would be
required occasionally, Sinclair would contact the city prior to the sales taking
place. The car wash would operate in conjunction with the convenience store.
Deliveries of supplies for the store and car wash would be accomplished
through the front door of the store and the side service door of the car wash.
Sinclair plans to make a substantial monetary investment at this site and
operate it for many years.
Property owners within 350 feet of the site were notified, including the cities of
Golden Valley and Plymouth, and staff did not receive any comments.
McDonald reported that the purpose of the site plan review is to insure that the
purposes of the code are adhered to and that a comprehensive review of the
site, building and development plans were made by the Planning Commission
and City Council pdor to issuance of a building permit. The purpose of a
conditional use permit (CUP) is to provide the city with a reasonable and
legally permissible degree of discretion in determining the suitability of certain
designated uses upon the general welfare, public health, and safety. In
making this determination, the city may consider the nature of adjoining land
or buildings, similar uses already in existence, and the effect upon traffic into
and from the premises. The Planning Commission should keep in mind that
this is a redevelopment of an existing site with the same use. Motor fuel
facilities are conditional uses and requirements include safety, compatibility,
curbing, surfacing, green strip, canopy requirements, and signage.
Requirements for a convenience store with gasoline include sanitation,
licenses, outdoor sales and display, and hours of operation. Car wash
requirements include stacking, access and noise provisions.
McDonald stated that city staff and consultants and the Design and Review
Committee reviewed the plans. Revised plans were submitted as a result of
those meetings, and included the following data. All setback requirements for
the convenience store, canopy and car wash are compliant with code. A
survey of the property noted two existing encroachments on the property.
Paving on the west property line would be removed with phase two. The drive
aisle paving from the apartments to the north encroach slightly over the
property line and this condition would remain unchanged. The survey noted
that the Hennepin County parcel map and adjoining legal description refer to a
seven-foot road easement along the south line of the property; however, the
certificate of title does not mention this easement. A condition of approval
would be to clarify this discrepancy. The applicant should provide the city with
documentation regarding whether any site contamination exists due to current
or previous uses. The proposed canopy over the pump islands complies with
the setback, height, clearance and fagade height requirements of the code.
The canopy would be 16 feet high by 24 feet wide by 102 feet long. The face
would be three feet in height per code requirements. Motor fuel stations are
Planning Commission Meeting 2 August 6, 2003
required to have at least five off-street parking spaces plus three off-street
parking spaces for each service stall. There are no service stalls with this
preposal; therefore, five parking spaces are required for the motor fuel station
use. Parking at the pump islands fulfills this requirement. The convenience
store requires one off-street parking space for each 200 square feet of area.
The convenience store has 2,520 square feat of net floor area and would
require a total of 14 parking spaces. There are 13 regular spaces plus one
ADA parking stall with ramp previded in front of the convenience store. Drive
aisles and curb cuts have bean sized to accommodate truck maneuvering.
The curb cuts are proposed to exceed 26 feet in width and require city
enginear and city manager approval. The east curb cut is preposed at 42 feet
and the west curb cut at 32 feet. Due to the site being redeveloped, the
accesses are subject to Hennepin County appreval.
McDonald reported that the preposed convenience store would have a red
brick exterior finish. The building would be one story or 19 '~ feet tall. The reof
on both the store and car wash would be grean metal. The car wash building
would be 17 feet in height and the building elevation indicated that the extedor
finish would be compatible with the store. The trash enclosure, located on the
west side of the car wash stacking entrance, would be a six-foot high red brick
wall with a wood gate at the front and be approximately 77 square feet. A
decorative cap would be placed on top of the enclosure wall. The 13-foot by
24-foot mechanical enclosure at the northeast side of the convenience store
would be brick. The entryway would extend forward and be mostly glass with a
15.2 square foot wall sign above glass double doors. Two single doors would
be on the rear of the building to access the mechanical area and one for an
emergency exit. There would be four windows on each side of the entryway.
Car wash exit and entrance doors would be nine feet wide by ten feet tall and
appear to be glass, which should be clarified. The convenience store would
include a cashier area, food and drink sales, food counter, accessible
restrooms, coffee bar, four booths, walk-in cooler, backroom office, and
storage area. The fire department connection would be located in the
northeast comer of the building.
There are apartment garages to the north of the preperly and an apartment
building to the east. Screening of the proposed Sinclair parking lot and
stacking space would be required. Nine Austrian pine trees would supplement
the existing Russian olive treas along the north preperty line. A six-foot high
cedar fence was preposed along much of the east preperty line for screening.
The fence must previde a complete visual screen to a minimum height of six
feat. The fence should extend at least 25 feat further south than what is
shown on the site plan to previde screening of bollard lights. Norway maple
treas are preposed west of the fence. Three additional Norway maple trees
should be provided along the extended fence on the east preperty line. The
landscape plan indicated an irrigation system would be installed. The sod in
the boulevard area along Medicine Lake Road should be replaced and the
sidewalk should be repaired or replaced in phase one of the project. All
disturbed areas would receive sod. Four areas are proposed for snow storage
along the'north and west preperty lines.
Canopy lights are preposed to have fiat lenses with recessed lights. The
canopy details note that only the Sinclair sign and logo would be illuminated,
and the grean stripes and white fascia would not be illuminated. McDonald
reported that the planner had indicated in his report that the proximity of
lighting to the adjacent multiple-family residential use east of the preperty was
a concern. The lighting plan had been revised to replace pole lights with
bollard lights, and although this has reduced the light intensity, the maximum
intensity of one foot candle at the preperty line is exceaded adjacent to the
bollards. To reduce the light level to an acceptable level, staff recommends
extending the fence along the property line at least 25 feet further south than
Planning Commission Meating 3 August 6, 2003
what is shown on the site plan and designing the bollard lights to direct lighting
only to the west. Extending the fence would screen the bollard lights from the
apartment building.
McDonald continued by saying that a fire department connection had been
provided at the northeast comer of the building in a storage area. The area
adjacent to the fire department connection would be striped and signed as a
fire lane. A "no parking" sign would be installed at the front of the lane. Three
"no parking/fire lane" signs would be installed south of the trash enclosure.
The proposed fuel dispensing equipment would be operational 24 hours per
day. Signage for the fuel dispensers must comply with the fire code
regulations. Based on occupancy, a second building exit is required and
illustrated on the north wall. The building would have a sprinkler system.
Wall and canopy signs comply with the city's standard for sign and number.
Canopy signs are not allowed to exceed 16 square feet each and are included
in the total area of wall signage. None of the proposed canopy signs exceed
16 square feet. There is a limit of one canopy sign per canopy fascia fronting
onto a street. The signage shown on the exterior site elevations complies with
this requirement, however, the signage shown on the canopy details sheet
includes the Sinclair sign and logo on the west side of the canopy. To comply
with canopy sign limits, either the sign or logo must be eliminated. The existing
freestanding sign is proposed to remain and complies with setback and area
requirements. The plan identifies that the Sinclair sign and logo on the canopy
and above the front door would be illuminated. The illuminated canopy signs
are located on the south and west elevations.
McDonald added that the building official noted in his comments that the back
room could not be used for a storage room if it would be utilized as a second
required exit for the convenience store. An altemate location for the second
exit would be at the west end of the building near the restrooms. This change
could be made on the plans that are submitted With the building permit review.
The fire department made a number of recommendations related to the sale
of gasoline and 24-hour dispensing, as noted in the planning report.
McDonald stated that staff felt this proposal for redeveloping the site was good
and that the petitioner had done a good job addressing a majodty of the
issues raised by staff and consultants. He stated that staff was recommending
approval of the site plan and conditional use permit, subject to the conditions
in the staff report.
Mr. Vince VanderTop, assistant city engineer, stated that the applicant had
been very responsive with the issues raised by engineering staff and the
public works department. VanderTop noted that the ddveway access points
were wider than what was referenced in the ordinance. From a city
engineering standpoint, there is no issue with this and the driveways are
similar to existing. However, one requirement would be that a driveway permit
be acquired by the applicant from Hennepin County as this is a county
roadway and it could be perceived that the construction was changing
conditions. He stated that the city would support any requirements or
recommendations of Hennepin County.
Public works raised the issue that the existing sanitary sewer may be
insufficient or old. Replacement of or evaluating the system would be required.
The sprinkled building would require a new water service and should be
coordinated through public works.
VanderTop continued by saying this site contains just under an acre in area.
The drainage from this site now flows to a catch basin in Medicine Lake Road
and this catch basin flows through a pipe under Medicine Lake Road to
Planning Commission Meeting 4 August 6, 2003
another catch basin on the south side. From there the water either goes south
into a Golden Valley system, or the Highway 169 storm sewer system.
Ultimately, the water ends up in the Medicine Lake watershed system. There
are storm water quality and quantity requirements for all properties in the city.
It is important for this site to meet these requirements as the water leaves the
city. Due to the layout of this site, there was not room for the traditional NURP
pond. There is a Iow area at the southwest comer of the property, which would
hold the storm water. The applicant was able to demonstrate that they could
meet the quantity requirements so the water could be held back and released
at a limited rate and there would be no flooding downstream. There was no
wet volume to meet water quality requirements. Other options were discussed
at Design and Review and the plans show a rainwater garden concept. This
concept is new to the city mainly because New Hope's soil is not conducive to
this type of treatment. This particular design is similar to a design produced for
the Minnesota Landscape Arboretum. In a typical NURP pond, the water is
trapped and sits there for such a time that the pollutants can settle out or the
phosphorus and nutrients are taken up by plants before the water is released.
This rainwater garden pond does not have that wet volume, and would
essentially be a dry pond. The pond would be over-excavated, a filter fabdc
installed over the clay, and 18 inches of sand would be put in with four inches
of topsoil over the sand. This area would be planted with specific plantings for
the garden area. The water would run off the parking lot, be trapped in this
area, infiltrate into the sand layer and be taken up by the plants. There is a
draintile in one area that would connect to the catch basin. Ideally the draintile
should be located in the bottom of the pond to pick up all the drainage,
however, in this case the draintile would be located just above the bottom of
the pond, due to the elevation of the catch basin. Under typical conditions, the
pond would be dry with plantings along the bottom. There would be B612
curbing around the parking lot, which is typical of all commercial properties.
The city asked the applicant to provide, for the area adjacent to the pond, a
ribbon or surmountable curb so that the water would sheet drain from the
parking lot over the curb into the iow area. There would not be one point
source into the pond, the water would be distributed over the curb the length
of the pond. There would be Iow grow plantings conducive to this environment
and the plantings would stabilize the embankment and help disburse the flow
from the parking lot. There would be native seed mixes used in the planting
area, which would be left natural (not mowed). VanderTop added that this type
of treatment has worked well in other areas.
Commissioner O'Bden inquired on the cleaning of this type of pond.
VanderTop replied that a condition of approval would be for the applicant to
provide a drainage and utility easement over the pond, the same as NURP
ponds, and to execute a maintenance agreement with the city. VanderTop
added some maintenance would be required, the same as any other pond, in
approximately ten years to clean the sediments from the pond and then
adding more seed mix and plantings.
Mr. Larry Feldsien, engineer for this area for Sinclair Oil Corporation with
offices in Bumsville, came to the podium to answer questions of the
Commission.
Feldsien commented that he had enjoyed the process and the good
discussion at the review meetings. He stated he had met with a representative
from Hennepin County to review the ddvaway issue. Hennepin County had
suggested increasing the radius going out onto the highway, and Sinclair
would be applying for a permit. Feldsien commented that they would be
installing a new water and sewer service with the project as well as final
grading at the end of the project. He stated that would be happy to replace the
sidewalk and sod along Medicine Lake Road dudng phase two. He clarified
the signage on the canopy by saying that the logo would be on the Highway
Planning Commission Meeting 5 August 6, 2003
169 side of the canopy and the Sinclair sign would be on the Medicine Lake
Road side of the canopy.
Commissioner Oelkers asked whether the petitioner was agreeable to adding
another 25 feet of fence and additional trees along the east side of the
property, as recommended by staff, and Feldsien responded in the affirmative.
He also pointed out that the proposed snow storage was in the same location
as the newly planted trees. VanderTop indicated that the snow storage areas
should be moved so as not to interfere with the new trees. Feldsien responded
that if there was a lot of snow it could be removed from the site or the snow
storage area could be moved to between the trees.
Commissioner Buggy questioned the white side wall for the west elevation
and was informed this was a pdnting error.
Commissioner Hemken inquired as to the 24-hour operation and whether all
of the lights would be on during the night when the pumps were operating.
Feldsien responded that some of the lights would be on but not all of them. It
was confirmed that there would be no on-site staff during the late night hours.
Hemken wondered whether the gas station would remain open during
removal of the old building and construction of the new building. Feldsien
replied that the new building would be constructed further back on the lot and
they hoped to remain open dudng the construction process. After the new
building was completed, they would remove the old building. He added that if
a situation arose that was not safe for customers, they would close down for a
short pedod of time.
Commissioner Bardck wondered how loud noise from radios, etc. would be
controlled dudng nighttime hours when no staff was present, and whether
appropriate signage may be erected stating radios must be turned off.
Feldsien stated that noise had not been a problem at other locations. Engines
must be turned off dudng the fueling process.
Commissioner O'Bden raised the issue of cleaning general debris from the
site and, in particular, the ponding area. Feldsien responded that Sinclair
employees are instructed to keep the lot clean and the ponding area would be
part of the lot that would be kept free of debds on a regular basis.
VanderTop reiterated that the intent of the ponding area would be an amenity
for the area. It would be Sinclair's property and maintained by them, not the
city. There would be an easement over it. A maintenance agreement would be
executed so that in the event the pond became unsightly with debds, the city
could require the owner to clean it, and if they did not, the city could clean it
and assess the cost to the property owner.
It was clarified that the car wash would operate dudng normal business hours,
which would be 7 am to 11 p.m. It was confirmed that the car wash doors
close automatically when the wash cycle starts.
There being no one in the audience to address the Commission, the public
hearing was closed.
Motion by Commissioner Buggy, seconded by Commissioner Hemken to
close the Public Hearing on Planning Case 03-10. All voted in favor. Motion
MOTION Motion by Commissioner Oelkers, seconded by Commissioner O'Brien, to
Item 4.1 approve Planning Case 03-10, Request for Conditional Use Permit to
Allow a Motor Fuel Facility, a Convenience Store with Gasoline and Car
Wash, and Site/Building Plan Review, 9456 Medicine Lake Road, Sinclair
Planning Commission Meeting 6 August 6, 2003
Oil Corporation, Petitioner, subject to the following conditions:
1. Execute development agreement with city and provide appropriate
bond for security (amount to be determined by building official
and city engineer).
2. Comply with city engineer recommendations, including a drainage
and utility easement over the rainwater garden and execute a
maintenance agreement with the city.
3. Comply with building official recommendations.
4. Comply with recommendations from West Metro Fire-Rescue
District.
5. Comply with recommendations contained in planner's report
including:
/L Before a building permit is issued, the applicant must either
provide proof that a seven-foot road easement exists along
the south line of the property or that easement must be
created.
B. The applicant must provide the city with documentation
regarding whether any site contamination exists due to
current or previous uses.
C. Accesses onto County Highway 70 (Medicine Lake Road) are
subject to Hennepin County review and approval. Curb cuts
exceeding 26 feet in width require city engineer and city
manager review and approval.
D. The applicant must provide information about car wash water
consumption.
E. Three additional Norway maple trees should be provided so
that Norway maple trees are planted along the entire east
property line.
F. The proposed cedar fence must be designed to provide
complete visual screening to a minimum height of six feet.
The fence must extend at least 25 feet further south than is
shown on the site plan to screen bollard lights.
G. As part of Phase 2, all of the grass in the boulevard area be
replaced with sod and the sidewalk be repaired or replaced as
necessary.
H. A detailed drawing of the proposed bollard lights must be
submitted and is subject to city review and approval.
I. Only one canopy sign per canopy fascia fronting onto a street
is allowed. Each sign may not exceed 16 square feet in size.
J. The convenience store must be sprinkled, which will require
installation of a six-inch water service. The car wash will
require a two-inch water service. The sewer connection must
be replaced when the building is replaced.
K. Signage for the fuel dispensers is subject to the review and
approval of the fire marshal.
6. All outside sales will receive approval from the city.
7. Adjust snow storage away from the new trees along the north
property line.
Voting in favor: Anderson, Bardck,
O'Bden, Oelkers
Voting against: None
Absent: Svendsen
Motion carried.
Brauch, Buggy, Hemken, Landy,
Landy stated that this planning case would be considered by the City Council
on August 11 and advised the petitioner to attend.
Planning Commission Meeting 7 August 6, 2003
PC03-14
Item 4.2
Chairman Landy introduced for discussion Item 4.2, Request for a Variance to
Allow Construction of a Freestanding Sign Three Feet From the Property Line,
9400 36~ Avenue North, Randy Rau/Brooklyn Center Service Inc./The Perfect
Car Wash, Petitioners.
Mr. Ken Doresky, community development specialist, stated that Mr. Rau was
requesting a seven-foot variance from the 10-foot setback requirement to
allow construction of a freestanding sign three feet from the property line. The
property is located in a CB community business district, at the northwest
comer of 36~ and Jordan avenues. Adjacent land uses include the Post Haste
Shopping Center abutting the site to the north, Boger Dental to the south
across 36t~ Avenue, single family to the east, and single/two family to the
southeast and southwest across 36th Avenue. Highway 169 and the city of
Plymouth is located to the west of the shopping center property. The site
contains 36,000 square feet and the existing building/car wash contains
10,103 square feet. The total green area contains 6,305 square feet and the
paved surface area is 19,592 square feet. The service station was constructed
in 1967. When the shopping center was constructed in 1972, an agreement
was reached to permit the gas station to erect a pylon sign on the shopping
center property for visibility toward Highway 169, which was a permitted non-
conforming sign. In 1990, approval was granted for a new Holiday station/
convenience store/car wash, and in 1991, a variance was approved to expand
the non-conforming sign. In 1996, CUP approval was granted to allow
expansion of the car wash.
Doresky reported that the owner of the gas station/car wash desired to change
the sign from the current Mobil name to Shell. The application submitted
information for comprehensive sign plans for the site and requested a
variance to allow the freestanding sign to be placed three feet from the south
property line. According to the Zoning Code, the purpose of a variance is to
permit undue hardships or mitigate undue non-economic hardship in the
reasonable use of a specific parcel of property and where circumstances are
unique to the individual property, and granting the variance was demonstrated
to be in keeping with the spirit and intent of the code. The applicant stated in
correspondence that the variance hardship was dictated by site design and
the need to preserve existing trees along the boulevard. Mr. Rau indicated that
he would remove the non-conforming off-site sign in exchange for the
proposed freestanding signage. The applicant proposed to remove the
existing signs and replace them with two wall signs, canopy signage and one
freestanding sign. The approvals required for this request are: sign plan
approval and sign vadance for the freestanding sign three feet from the
property line. Doresky stated that the petitioner had indicated in
correspondence that it had been 12 years since the gas station/convenience
store/car wash was constructed and he wanted to make a change and
improve the entire site. A vadance was needed so that the new sign could fit
perpendicular to 36a Avenue. If the sign was installed parallel to the property
line in order to meet setback requirements, two mature trees would have to be
removed. Along with the new signage, the petitioner indicated he would
remove other old signage. The complete building and canopy would be
painted and new fascia installed. New gas pumps and pump islands would be
replaced.
Property owners within 350 feet were notified, including the city of Plymouth,
and staff did not receive any comments.
Doresky explained the sign code criteda involved in the review of the request
was included in the report. He pointed out that §3-40(k) - sign variance, states
where there are practical difficulties or unnecessary hardships in carrying out
the strict letter of the provisions, the City Council has the power to vary the
Planning Commission Meeting 8 August 6, 2003
requirements in harmony with the general purpose and intent hereof. A
variance may be granted based upon the following conditions: 1) unique
conditions to a particular parcel of land, 2) purpose of the vadance is not
based exclusively on a desire to increase the value or income potential of the
businesses involved, 3) the hardship is caused by the sign code and has not
been created by any persons having an interest in the parcel, 4) the granting
of the variance would not be detrimental to the public welfare, 5) that the
variance would not impair an adequate supply of light and air to adjacent
property, and 6) that the vadance would not impair or increase the congestion
of the public streets or interfere with the function of the police and fire
department of the city.
Doresky reported that city staff and consultants and the Design and Review
Committee reviewed the plans. Revised plans were submitted as a result of
those meetings. According to the sign code, not more than two wall signs are
allowed per building. The total area of the wall signs should not exceed 15
percent of the front face of the building in a commercial district or 250 square
feet. The revised plans showed two wall signs. The car wash wall sign would
read "Perfect Car Wash" in blue letters and would be 36 square feet in area. A
red sign band would continue around the face of the building. The second wall
sign would read "Food Mart" in blue letters and would be 21 square feet in
area and a red sign band would continue around the face of the building. The
sign code states that canopy signs should not exceed 16 square feet and one
sign per canopy fascia fronting a street. There would be two canopy signs,
one facing west and one facing south. The signs would not exceed 12 square
feet and would be compliant with code. The canopy has frontage on 36th
Avenue. The second canopy sign would face Highway 169. Due to the fact
that this property is on a comer lot, staff determined that the canopy signage
was appropriate. The plan indicated that the Shell signs would be incorporated
into the colors that run along the canopy fascia. The Shell letters would be red
and a red band would continue around the fascia. The background of the
fascia would be yellow. Staff recommended that only the signs "Shell" be
illuminated. The balance of the canopy fascia should not be illuminated. The
sign code states that one freestanding sign would be allowed per lot and could
contain 100 square feet. The freestanding signage is proposed at 115 square
feet. Staff's interpretation of the code is that the applicant would be entitled to
the 100 square feet for business identification plus 16 square feet for the gas
sale sign, for a total of 116 square feet, therefore, the proposed freestanding
sign would be compliant.
The applicant desired to locate the sign along 36th Avenue within a
landscaped island between the two curb cuts. The sign is 12 feet in width and
would be located within three feet of the south property line, with a seven-foot
variance requested. The total height of the proposed sign, including the 1.5-
foot base, would be 11 feet. There would be a brick base to match the exterior
of the principal structure. The total height including the base meets code
requirements. The sign would have a metal face and metal frame with plastic
letters. The colors of the sign would be yellow, red and white, and the content
would contain "pay at the pump," 'Perfect Car Wash," gas prices and the Shell
logo. Doresky stated that the plans showed the location of the trees and the
proposed sign. He explained staff had concerns regarding the canopy of the
trees and the sight lines of the proposed signage. If the existing trees need to
be trimmed back to improve sight lines, the applicant would need to submit a
plan for city review detailing the areas to be trimmed. The site is part of a
larger shopping area with limited space for new signage. Due to the site
configuration and access points and the elimination of a pylon sign on the site,
the request meets the variance requirements outlined in the code. A variance
had been granted for the pylon sign, however, that variance would expire with
the construction of the new freestanding sign and removal of the pylon sign as
proposed.
Planning Commission Meeting 9 August 6, 2003
Doresky added that in addition to the change over in the existing signage on
the site, the applicant was proposing to remove the 200 square foot pylon sign
located at the comer of Highway 169 and 36t~ Avenue. He stated staff felt that
was a major incentive for considering the sign variance. In addition to the
removal of the oversized sign, the applicant would be required to remove the
existing pylon sign on site in exchange for the new freestanding monument
sign. No change in landscaping was proposed with this request. The building
official indicated in a memorandum that the applicant should provide elevation
drawings of the sign in relation to the existing trees and to indicate the existing
trees would not be removed once the sign was installed. Doresky stated that
the applicant did submit a plan that showed where the sign would be on the
site, the location of the trees, the edge of the sign into the drive aisle area, and
indicated the line of sight. Staff would recommend that the city attomey
prepare an agreement guaranteeing the removal of the pylon sign.
Doresky stated that staff was recommending approval of the request, subject
to the conditions in the report.
Mr. Vince Vander Top, assistant city engineer, commented that the city had a
recent survey of the property completed at the time of the 36~ Avenue
improvements. The curb and gutter lies approximately 16 feet from the
property line, so with the sign at three and one-half feet from the property line,
there is a distance of 19 feet from the edge of the sign to the curb. In his
opinion, that would be adequate distance for sight lines. VanderTop
suggested that the applicant should determine whether there are any
underground lines in this area before digging.
Mr. Randy Rau, owner of The Perfect Car Wash at 9400 36~ Avenue North,
came forward to answer questions of the commission.
Rau stated that he felt it was time to create a new image for the site and new
Shell signage. The sign was to be situated perpendicular to the street rather
than parallel, which was the reason for the variance. He stated that the old
pylon sign had been removed as of the beginning of August.
Discussion ensued on whether or not there was signage for the bait he sold
and the commission was informed that there would be no signage for bait.
Commissioner O'Brien wondered what sign had been removed and was told
that the non-conforming sign on the shopping center property had been
removed. O'Bden pointed out that other Shell stations have the entire band
around the canopy illuminated. Rau stated that due to the fact that the city
does not allow the band to be lit, light bulbs would not be placed in that area.
He stated he had stations in several other cities that do not allow the band to
be illuminated, so he felt that would not be a problem. Rau indicated that the
two Shell signs are illuminated.
Discussion ensued on the height of the monument sign and it was confirmed
the sign would be 11 feet tall. Rau reported that the sign would fit under the
limbs of the trees. He indicated that it may be possible that he could have the
sign lowered by one foot, if the Commission desired. It was confirmed that the
sign would be set back a sufficient distance for visibility exiting the driveways.
There being no one in the audience to address the Commission, the public
headng was closed.
Motion by Commissioner Oelkers, seconded by Commissioner Buggy to
close the Public Hearing on Planning Case 03-14. All voted in favor. Motion
Planning Commission Meeting 10 August 6, 2003
MOTION
Item 4.2
Motion by Commissioner Brauch, seconded by Commissioner O'Bden, to
approve Planning Case 03-14, Request for a Variance to Allow
Construction of a Freestanding Sign Three Feet from the Property Line,
9400 36~h Avenue North, Randy RaulBrooklyn Center Service, Inc./The
Perfect Car Wash, Petitioner, subject to the following conditions:
1. Comply with city engineer's recommendations dated July 30,
2003.
2. Comply with building official recommendations and obtain
necessary permits.
3. The canopy signage stating "Shell" will be illuminated. The sign
band along the balance of the canopy fascia shall not be
illuminated.
4. Prior to the completion of the freestanding sign, the non-
conforming off-site pylon sign located at the southwest corner of
the Post Haste Shopping Center shall be removed. Staff to verify
this has been completed in an appropriate manner. The 1991
variance approving that signage be removed from the records.
5. A detail of the proposed monument sign in relation to the existing
trees be submitted to staff prior to construction.
6. Trimming or removal of the existing trees to improve sight lines of
the new sign shall require approval from city staff.
Voting in favor: Anderson, Barrick,
O'Brien, Oelkers
Voting against: None
Absent: Svendsen
Motion carried.
Brauch, Buggy, Hemken, Landy,
Design and Review
Committee
Item 5.1
Codes and Standards
Committee
Item 5.2
Landy stated that this planning case would be considered by the City Council
on August 11 and advised the petitioner to attend.
Oelkers reported that the Design and Review Committee met with the
petitioners to review the plans.
McDonald added that staff did not expect any applications to be submitted for
the September meeting.
Hemken reported that the Codes and Standards Committee did not meet in
July. A meeting had been scheduled for August 28.
OLD BUSINESS
Miscellaneous Issues
Landy questioned the reason the City Council had denied the Klipstein
vadance request. McDonald reported that the Council did not feel the front
yard setback was appropriate and left the door open if Klipstein wanted to
submit a revised plan. The vote was unanimous.
Landy reported that the City Center Task Force would be meeting on August 7
to review and narrow down concept plans. The task force would be preparing
for the open house to be held on September 18; from 5:30 to 8 p.m.
McDonald invited all of the commissioners to attend the open house.
Hemken questioned what had happened regarding the transit shelter issue
and McDonald responded that it was on hold and would be brought back to
the Codes and Standards Committee at a later date.
The issue of temporary signs in the boulevard was briefly discussed.
Planning Commission Meeting 11 August 6, 2003
NEW BUSINESS
ANNOUNCEMENTS
ADJOURNMENT
Motion was made by Commissioner Buggy, seconded by Commissioner
Barrick, to approve the Planning Commi~,~ion minutes of July 8, 2003. Ail
voted in favor. Motion carded.
City Council and EDA minutes were reviewed.
Commissioner Brauch initiated discussion on the Council minutes of June 23,
specifically the second hand dealers' licenses. He stated he had been
contacted by the owner of Down On 42n~ Avenue consignment shop, who was
very upset with the outcome of that issue. She indicated to him she was
considering moving her business out of the city because of it. Her store had a
12 year history in the city, had no problem with police calls, clothing was
dropped off by appointment and now, because of this ordinance, she would be
forced to pay a licensing fee and an annual fee every year thereafter. Brauch
indicated he felt this was poor legislation and may ddve businesses out of the
city. McDonald added that Brauch's viewpoint had been brought forward to the
City Council.
McDonald announced that the Culvers/office condominium development at
42n~ and Quebec avenues would be on the October Planning Commission
agenda. He also announced that the City Council had come to terms with
Ryland Homes and this development would be moving forward this fall.
The Planning Commission meeting was unanimously adjourned at 8:25 p.m.
Respectfully submitted,
Pamela Sylvester
Recording Secretary
Planning Commission Meeting 12 August 6, 2003
City Council Minutes
Regular Meeting
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
August 25, 2003
City Hall, 7:00 p.m~
CALL TO ORDER
PLEDGE OF
ALLEGIANCE
ROLL CALL
APPROVAL OF
MINUTES
OPEN FORUM
ROTATING VOTES
CONSENTAGENDA
MOTION
Consent Items
FINANCIAL CLAIMS
Item 6.2
RESOLUTION 03-123
Item 6.4
RESOLUTION 03-124
Item 6.5
IMP. PROJECT 595
Item 6.6
New Hope City Council
Page 1
The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Enck called the meeting to order at 7:00 p.m.
The City Council and all present stood for the Pledge of Allegiance to the Flag.
Council Present:
W. Peter Enck, Mayor
Sharon Cassen, Councilmember
Don Collier, Councilmember
Mary Gwin-Lenth, Councilmember
Steve Sonaner; Councilmember
Staff Present:
Dan Donahue, City Manager
Jerry Beck, Cou-uanications Coordinator
Eve Lomaistro, Human Resources Coordinator
Kirk McDonald, Director of Conmmnity Development
Steve Sondrall, City Attorney
Doug Debner, Assistant City Attorney
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Cassen, to approve the Regular Meeting Minutes of August 11, 2003. All
present voted in favor. Motion carried.
There was no one present to address the Council for open forum_
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the Mayor's name first
followed by the Councilmembers in alphabetical order.
Mayor Enck introduced the consent items as listed for consideration and stated that
all items will be enacted by one motion unless requested that an item be removed
for discussion.
Motion was made by Councilmember Cassen, seconded by Councilmember
Collier, to approve all items on the Consent Agenda. All present voted in favor.
Motion carried.
Approval of financial claims through August 25, 2003.
Resolution increasing fees for public rental of community room at the ice arena.
Resolution placing parking restrictions on Louisiana Avenue North between 62na
Avenue North and Lombardy Lane.
Motion ratifying staff's action of sending notice to the Sunshine Factory
Restaurant regarding termination of the non-exclusive license agreement allowing
temporary parking on city-owned property located at 7528 42"a Avenue North
(improvement project no. 595).
August 25, 2003
RESOLUTION 03-125
Item 6.7
Resolution ordering pubhshed notice and public hearing on sale of 7105 62ad
Avenue North (improvement project no. 685)
PLANNING CASE
03-11
Item 8.1
Mayor Enck introduced for discussion Item 8.1, Resolution establishing findings
of fact and conclusions of law relating to front yard variance request for property
at 4053 Nevada Avenue North and denying request (planning case 03-11).
Director of Commumty Development Kirk McDonald presented information from
the findings of fact that had been drawn up by City Attorney Steve Sondrall. Mr.
McDonald explained that it is routine to refer this type of item to the City
Attorney. No one from the audience spoke.
RESOLUTION 03-126
Item 8.1
Councilmember Collier introduced the following resolution and moved its
adoption subject to resolving the landscaping issue along the fence on the east
property line: "RESOLUTION ESTABLISIIlNG FINDINGS OF FACT AND
CONCLUSIONS OF LAW RELATING TO FRONT YARD VARIANCE
REQUEST FOR PROPERTY AT 4053 NEVADA AVENUE NORTH AND
DENYING REQUEST (PLANNING CASE 03-11)". The motion for the
adoption of the foregoing resolution was seconded by Councilmember Gwin-
Lenth, and upon vote being taken thereon, the following voted in favor thereof:
Enck, Cassen, Collier; Gwin-Lenth, Sommer; and the following voted against the
same: None; Abstained: None; Absent: None; whereupon the resolution was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
NOISE ANALYSIS
4630 QUEBEC
Item 8.2
Mayor Enck introduced for discussion Item 8.2, Review of August 2003
environmental noise analysis report prepared by HDR Engineering, Inc. relating to
the vicinity of 4630 Quebec Avenue North.
Director McDonald presented the report from HDR, which was a result of the
Council's June 16 request for a final noise test in this location. Previous noise
tests had been completed in August and November 2002 in response to complaints
from residents in the neighborhood. The August report revealed that the company
was in minor violation of the noise regulations. The company then installed pre-
manufactured acoustical jackets on the refrigeration units to abate the noise. The
test in November indicated that the company was in compliance with the noise
ordinance. This information was sent to residents in December, 2002. The results
of August, 2003 noise tests indicate that the measured nighttime noise levels
comply with the MPCA nighttime limits for residential land uses.
Mayor Enck requested that the results be sent to the neighborhood residents.
There was no further discussion.
MOTION/
Item 8.2
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Sommer, to accept the environmental noise analysis report dated August,
2003. All present voted in favor. Motion carried.
AMEND CHAPTER 14/
FEE FOR LAND USE
Item 10.1
Mayor Enck introduced for discussion Item 10.1, Ordinance no. 03-19, an
ordinance mending chapter 14 of the New Hope City Code by establishing a fee
for land use confu-mation letter.
New Hope City Council
Page 2
Director McDonald explained that budget constraints caused the city to look at
services provided by the city without charge; land use confirmation letters are one
of those services. This information is requested by title companies, owners,
lenders, and appraisers when a property in the city is being sold. The building
official/zoning administrator position has routinely prepared these letters, each of
which require about an hour to research the property. Staff completed a survey of
other cities and found many cities do charge a fee for this service. The ordinance
would establish a $50 fee for land use confu'mation letters, which is allowed under
August 25, 2003
ORDINANCE 03-19
Item 10.1
FRANCHISE FEES/
XCEL ENERGY
Item 10.2 and
CENTERPOINT
ENERGY
Item 10.3
New Hope City Council
Page 3
New Hope Code Section 4-30(t). Mr. McDonald stated the fee would be required
up front and could be paid by credit card similar to the permit process.
No one in the audience spoke to this issue.
Councilmember Gwm-Lenth introduced the following ordinance and moved its
adoption: "ORDINANCE NO 03-19, AN ORDINANCE AMENDING
CHAPTER 14 OF THE NEW HOPE CITY CODE BY ESTABLISHING A
FEE FOR LAND USE CONFIRMATION LETTER". The motion for the
adoption of the foregoing ordinance was seconded by Councilmember Collier, and
upon vote being taken thereon, the following voted in favor thereof: Enck,
Cassen, Collier, Gwin-Lenth, Sommer; and the following voted against the same:
None; Abstained: None; Absent: None; whereupon the ordinance was declared
duly passed and adopted, signed by the mayor which was attested to by the city
clerk.
Mayor Enck introduced for discussion Item 10.2, Ordinance no. 03-21, an
ordinance implementing an electric franchise fee on Northern States Power
Company, a Minnesota Corporation d/b/a Xcel Energy, for providing electric
energy service within the city of New Hope and Item 10.3, Ordinance no. 03-22,
an ordinance implementing a gas energy franchise fee on CenterPoint Energy
Minnegasco, a divisionof CenterPoint Energy Resources Corporation, a Delaware
Corporation, for providing gas energy service within the city of New Hope.
City Manager Dan Donahue stated that there are two proposed ordinances this
evening that relate to franchise fees; ordinance 03-21 for electric franchise fees
and ordinance 03-22 for gas franchise fees. His corca-nents will relate to both due
to their similarity.
Mr. Donahue explained that instituting franchise fees would help balance both the
2003 and 2004 budgets. He noted that there will be a Public Hearing in December
on the proposed budget for 2004. The 2003 budget was duly approved in
December 2002 but is affected by the state budget cuts to the city and these cuts
must be addressed this year. The city will lose $1.4 million in the general fund
between 2003 and 2004. This loss is permanent. A city cannot control its own
destiny as no taxes can be levied without the approval of the state legislature.
Staff is proposing a mix of program service cuts and staff cuts, which are already
being done. In addition, staff proposes a mix of revenue enhancements, new fees,
tax levies, and increased program fees. The Council does not wish to change core
services.
Mr. Donahue detailed an early retirement program and other personnel cuts
already established. In addition, the city is postponing some expenses. An
additional $285,000 must be cut from the 2003 budget, part of which can be
funded through reserves.
A proposed 2004 budget will go to the Council on September 8. An additional
$709,999 or 8.3% will be lost. Cuts in spending, inter-fund transactions, a tax levy
up to 60% of the lost dollars (the maximum allowed by the state legislature),
increased program/permit fees, and a possible franchise fee will be part of the mix.
The Council must approve a draft of the 2004 budget on September 8 to set the
maximum budget for 2004. The budget can then be trhamied but cannot be higher
than this preliminary number.
There is also a possibility that the city will not receive the expected payment of
local government aid in December ($350,000) if the state revenues are less than
anticipated. This will not be known until December but we must make decisions
before that is known. Franchise fees are one way for the city to recoup some
revenue.
August 25, 2003
A franchise fee is a fee on gas and electric companies' use of public right of way
for their lines. The state allows up to 8% of the gross mount of energy used.
This is a cost of the utility companies doing business. Several cities are looking at
franchise fees; especially cities that are fully developed like New Hope.
There is a two month lead time to enact this fee. Waiting until December to make
the decision would not only preclude revenues in 2003, it would also eliminate the
revenue for first quarter 2004.
Mr. Donahue recommended that the city adopt franchise fees to avoid wholesale
budget cuts. He then presented two scenarios showing how much each would cost
the resident and how much revenue would be created for the city.
The Mayor opened the floor for public comment. The following residents came
forward:
Dave Nyce, 7931 59½ Avenue North; Michael Klein, 3217 Gettysburg Ct.; James
Fackler, 4031 Nevada Avenue North; Ted Kroenlng, 8400 50t~ Avenue North; and
Lisa Ertel, 3725 Hillsboro. Each spoke in opposition to franchise fees suggesting
the city cut its budget the same way a family must cut its budget if income is lost.
Various comments included a request to add to the tax levy rather than enforce a
fee that is not deductible; cutting back on staff, and cutting back on "non-
essential" services. Concerns were raised about businesses moving out of the city
due to additional costs of doing business in New Hope; the effects of an additional
fee on senior citizens who are on a fixed income; continuation of operating the
arena if it doesn't break even; and the effect on families that have already cut back
dramatically.
The Mayor clarified that $1.4 million is lost forever and asked where the city
should cut expenses. He also explained that if more money is taken from reserves
and the city then lacks cash to pay bills, borrowing money to pay those bills then
creates an additional expense.
Councilmember Cassen commented on the difficulty the council faces when hard
decisions must be made. She understands that the utility companies will pass on
the fee to residents and that is her concern. The city has not made any of its
budget decisions yet. She suggested putting franchise fees on hold until the entire
budget is considered. At this time, she stated her opposition to the fees but added
that she may support them in the future, if necessary.
Councilmember Sommer agreed with Councilmember Cassen and added that it is
mae that the utilities have not paid a dime for the right of way and they still won't
pay a dime as they will pass it along to the consumer rather than take it as a cost of
doing business. He showed interest in finding a way to cut $200,000.
Councilmember Gwin-Lenth commented from a different perspective, that
franchise fees are already being paid to the cable commission and they are a user
fee, not a tax. Use of public right of way is a cost to the city. Franchise fees have
validity in her opinion.
New Hope City Council
Page 4
Councilmember Collier agreed that the utilities will pass this on to consumers just
as they pass on every bit of their expense. He reminded everyone that there is a
constituency for every service and gave the example of when the city considered
not plowing snow from sidewalks. Although this would have saved the city
considerable dollars, there was an uproar from the community. He said he also
took tack for voting to not spend $5,000 for Duk Duk Daze fireworks. It is easy
to say "cut expenses" until it comes to what expenses to cut. And the entire loss of
revenue cannot be added to property tax as the state limits the city to recovering
only up to 60% of the loss through taxes. He spoke in favor of leaving the
August 25, 2003
COMMUNICATIONS
Item 12.1
New Hope City Council
Page 5
franchise fees on the table and discussing them in October when more budget
information will be available.
Mayor Enck inquired what would happen if a decision is not made this evening.
Mr. Donahue answered that there are constraints and requirements set by the
companies. Xcel must have a 30-day notification of the ordinance and CenterPoint
requires a 60-day notification before the fees are implemented. If action is taken
this evening, the fees would be implemented in November and the city could see
some revenue in the fourth quarter this year. If the decision is made in October,
fees would not flow to the city until 2004.
Mayor Enck asked what would happen to fourth quarter this year without the fees.
Mr. Donahue answered that we have already cut what can be cut this year.
Without the fees, additional money would need to come out of reserves.
Mayor Enck noted he believes the council would prefer cousidermg the franchise
fee ordinances during the budget process.
No action was taken on Items 12.2 and 12.3.
Mayor Enck introduced for discussion Item 12.1, Exchange of communication
between members of the city council.
Mayor Enck
· Announced a change in the curriculum of DARE and reassignments in the
police department.
· Announced a Comcast presentation on high de£mition television.
Councilmember Cassen
· Reported attending a meeting on housing that discussed mixed use, reuse and
development that she found very timely for the city of New Hope. A panel
talked about gap financing, challenges, successes, and other issues in
housing. She will pass on the materials to the Director of Community
Development and would like to further discuss the issues in the future. She
added that any commercial development needs a "big box" or it usually fails.
Councilmember Sornmer
· Noted that earlier today Dan Donahue, Kirk McDonald, Representative Lynn
Ostermann, and he met with Peter Bell at the Met Council and that it was
very productive. Part of their discussion included a redevelopment grant the
city has applied for.
Councilmember Gwin-Lenth
· Stated that New Hope's Human Rights Commission meets quarterly with the
regional Human Rights Commission; the next meeting is September 2 in
Maple Grove, and will include updates from local commissions and updates
from the Northwest Heunepin Human Services Council.
· Reported that a forum on disability issues will be held on Thursday,
September 4, and will focus on issues and trends affecting businesses and
people with disabilities.
Councilmember Collier
· Asked about goose droppings on the new trails at Hidden Valley Park and if
the city has equipment to collect it.
· He also explained that he lost some emails that he had not yet answered and
apologized for that. He asked that the emails be resent.
City Manager Donahue
· Announced retirements of Marlene Isaacson, Section 8 Housing Coordinator
and Jeff McFarlane, Sergeant Detective, who will come back on a pan time
basis after a 30-day period.
Reminded the Council of the work session this Thursday, August 28; the
agenda will include budget discussions, false alarms, and presentation of
market research for the Livable Communities and City Center Task Forces.
August 25, 2003
ADJOURNMENT
Motion was made by Councilmember Cassen, seconded by Councilmember
Sommer, to adjourn the meeting, as there was no further business to come before
the Council. All present voted in favor. Motion carried. The New Hope City
Council adjourned at 8:42 p.m.
Re. ?pectfull~r~/ubmined, -
Eve Lomaistro
Human Resources Coordinator
New Hope City Council
Page 6
August 25, 2003
City Council Minutes
Regular Meeting
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NI~W HOPE, MINNESOTA 55428
September 8, 2003
City Hall, 7:00 p.m.
CALL TO ORDER
PLEDGE OF
ALLEGIANCE
ROLL CALL
APPROVAL OF
MINUTES
OPEN FORUM
ROTATING VOTES
CONSENT AGENDA
MOTION
Consent Items
FINANCIAL CLAIMS
Item 6.2
New Hope City Council
Page 1
The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Pro tern Collier called the meeting to order at 7:00 p.m.
The City Council and all present stood for the Pledge of Allegiance to the Flag.
Council Present:
Sharon Cassen, Councilmember
Don Collier, Councilmember
Mary Gwin-Lenth, Councilmember
Steve Sommer, Councilmember
Council Absent: W. Peter Enclq Mayor
Staff Present:
Dan Donahue, City Manager
Doug Debner, Assistant City Attorney
Ken Doresky, Community Development Specialist
Guy Johnson, Director of Public Works
Valerie Leone, City Clerk
Gary Link, Director of Police
Kirk McDonald, Director of Community Development
Steve Sondrall, City Attorney
Daryl Sulander, Director of Finance
Vince VanderTop, Assistant City Engineer
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Sommer, to approve the Regular Meeting Minutes of August 25, 2003. All
present voted in favor. Motion carried.
Presentation by Rebeka Moir representing PRISM (People Responding in Social
Ministry) regarding PRISM and a Sleep Out Event planned the week of November
15-22, 2003, to raise funds and awareness to fight local hunger and homelessness.
Mayor Pro tem Collier directed the City Clerk to prepare a resolution is support of
the sleep out event for consideration at the September 22 Council Meeting.
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the Mayor's name first
followed by the Councilmembers in alphabetical order.
Mayor Pro tem Collier introduced the consent items as listed for consideration and
stated that all items will be enacted by one motion unless requested that an item be
removed for discussion. Item 6.11 was removed for discussion later in the
meeting.
Motion was made by Councilmember Cassen, seconded by Councilmember
Collier, to approve all remaining items on the Consent Agenda. All present
voted in favor. Motion carded.
Approval of financial claims through September 8, 2003.
September 8, 2003
LIABILITY CLAIMS
Item 6.3
Acknowledgement of liability claim no. 03-19 (Mia Saldaneri).
RESOLUTION 03-127
Item 6.4
Resolution providing for hearing on assessments for 2003 delinquent utility
service charges and weed removal charges.
CENTURY COLLEGE
Item 6.5
Approval of contract with Century College for law enforcement training to
purchase one slot in their law enforcement continuing education program.
RESOLUTION 03-128
Item 6.6
RESOLUTION 03-129
Item 6.7
Resolution supporting City of New Hope's Metropolitan Council predevelopment
grant application for soft costs associated with the potential redevelopment of
property located at 5620 Winnetka Avenue North (improvement project no. 733).
Resolution supporting Project for Pride in Living's Metropolitan Council
predevelopment grant application for costs associated with the potential
development of city-owned property located at 5501 Boone Avenue North
(improvement project no. 749).
IMP. PROJECT 753
Item 6.8
Motion authorizing staff to negotiate the potential purchase of 5500 Winnetka
Avenue North based on its appraised value of $180,000 (improvement project no.
753).
RESOLUTION 03-130
Item 6.9
IMP. PROJECT 742
Item 6.10
RESOLUTION 03-131
Item 6.12
Resolution approving plans and specifications for the 9200 49th Avenue North
regional pond; ordering advertisement for bids (improvement project no. 731).
Motion to accept the 2003 crack seal repair and seal coat project and to authorize
final payment to Allied Blacktop (improvement project no. 742).
Resolution awarding contract to Minnesota Native Landscape for site restoration
of the storm water channel and utility improvement project (improvement project
no. 746).
CONVEYORS
Item 6.13
PUBLIC HEARING
Item 7.1
Motion to approve disposal of two portable conveyors through Wayne Pike
Auction Company.
Mayor Pro tem Collier introduced for discussion Item 7.1, Resolution approving
sale of 7105 62na Avenue North (improvement project no. 685).
Mr. Ken Doresky, Community Development Specialist, provided background of
the property and construction of the twinhome. He stated the property considered
for sale is the north unit that is a handicap adaptable trait. The appraised value and
sales price is $185,000 for each unit. He introduced the prospective buyer, Steven
Dufour, who is a furst-time homebuyer and has a degenerative back problem. The
buyer's elderly mother will also reside at the property. Staff feels that the
household is an excellent match for the adaptable unit. He stated the first mortgage
is $157,500 and the Hennepin County HOME second mortgage/down payment
assistance is $27,500.
Councilmember Cassen commended Project for Pride in Living (PPL) on the
excellent design of the unit and BCB Construction for producing a well-
constructed home.
CLOSE HEARING
Item 7.1
RESOLUTION 03-132
New Hope City Council
Page 2
Mr. Steven Dufour and his mother were recognized. Mr. Dufour stated he is
pleased with the house and grateful for all the city's assistance.
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Sommer, to close the public hearing. All present voted in favor. Motion carried.
Councilmember Gwin-Lenth introduced the following resolution and moved its
September 8, 2003
Item 7.1
IMP. PROJECT 677
Item 8.1
ALARM SYSTEMS
Item 10.1
New Hope City Council
Page 3
adoption: "RESOLUTION APPROVING SALE OF 7105 62r~n AVENUE
NORTH (IMPROVEMENT PROJECT NO. 685)'. The motion for the
adoption of the i~oregoing resolution was seconded by Councilmember Cassen, and
upon vote being taken thereon, the following voted in favor thereof: Cassen,
Collier; Gwin-Lenth, Sommer; and the following voted against the same: None;
Abstained: None; Absent: Enck; whereupon the resolution was declared duly
passed and adopted, signed by the mayor pro tem which was attested to by the city
clerk.
Mayor Pro tern Collier introduced for discussion Item 8.1, Motion to proceed with
a written offer to purchase the fire damaged four-plex aparunent building located
at 8113 Bass Lake Road for the property owner's requested price of $286,190.28
(improvement project no. 677).
Mr. Kirk McDonald, Director of Community Development, explained that the
four-plex apartment property located at 8113 Bass lake Road experienced a fire in
June, 2003. Staff recently met with Wade Klick, the property owner, to discuss the
city's long-term redevelopment goals. Mr. McDonald indicated the property owner
expressed a willingness to explore a possible sale of the property to the city. An
appraisal determined the property's estimated market value to be $339,000 in
repaired condition.
Mr. McDonald stated the owner is willing to sell the property for $365,000. The
owner will be obtaining an insurance settlement of $78,809.72 and therefore is
requesting the difference of $286,190.28 from the city.
Mr. McDonald noted the property is vacant and uninhabitable and would not
require relocation benefits to tenants. He asked the Council for direction regarding
the purchase of the subject property.
Discussion ensued regarding the property including the fact that the property is
presently landlocked on both sides, disappointment that 8109 Bass Lake Road was
not offered to the city, comparable sales in the appraisal were less ($314,000 and
$317,000), the asking price of $365,000 appears excessive since the property was
purchased in 2000 for $177,000 and no substantial improvements were made, and
support for saving relocation expenses of up to $80,000.
The Council expressed support for acquisition of the property and directed staff to
negotiate the price with the property owner.
Mayor Pro tem Collier introduced for discussion Item 10.1, Ordinance no. 03-05,
an ordinance establishing a registration process for private alarm systems.
Mr. Gary Link~ Director of Police, explained that the proposed ordinance has been
reviewed by the city council on numerous occasions and most recently at its work
session of June 9. He stated the purpose of the ordinance is to encourage the
effective use of alarm systems. Mechanical malfunctions and operator error
account for the vast majority of false alarms. The ordinance will help ensure that
alarm systems are mechanically reliable and increase user proficiency. On average,
the annual cost to respond to 900 false alarms is $7,000 for the police department
and 200 false alarms is $38,000 for the fire department.
Mr. Link stated the initial registration fee is $25, and the annual renewal fee is
$25. Single residence alarm systems are exempt from the annual renewal fee
requirement. However, if the owner of the single residence changes alarm
companies or sells the property, another registration fee would be required. Mr.
Link reviewed the false police and fire alarm fee schedule for false alarms in
excess of three within a 12-month period.
September 8, 2003
Councilmember Gwin-Lenth emphasized the ordinance is necessary to recover the
labor spent on responding to false alarm calls. She pointed out that the ordinance
will ensure pr6per maintenance of the alarm systems and increase operator
efficiency.
Councilmember Cassen compared the ordinance to a user fee for people who are
utilizing the city's public safety services.
Councilmember Sommer commented that the enforcement of the ordinance will
likely result in a decrease in false alarms calls and subsequently require less time
by public safety personnel.
Mayor Pro tem Collier noted he is not totally comfortable with the one-time $25
registration requirement for single residences. He asked the Police Chief to
comment on the necessity of the collection of reformation.
Mr. GaW Link reported that having Current information on hand will allow public
safety personnel to efficiently respond to the alarm calls. He stated after
responding to a call, the emergency contact person will be notified so that the
property can be re-secured. Without this information, officers would be required
to spend more time to locate the property owner. Information regarding the alarm
company will allow police personnel to discuss and evaluate the problem with the
alarm company and in mm better serve the community.
ORDINANCE 03-05
Item 10.1
Councilmember Cassen introduced the following ordinance and moved its
adoption: "ORDINANCE NO 03-05, AN ORDINANCE ESTABLISHING A
REGISTRATION PROCESS FOR PRIVATE ALARM SYSTEMS". The
motion for the adoption of the foregoing ordinance was seconded by
Counciimember Gwin-Lenth, and upon vote being taken thereon, the following
voted in favor thereofi Cassen, Gwin-Lenth, Sommer; and the following voted
against the same: Collier; Abstained: None; Absent: Enck; whereupon the
ordinance was declared duly passed and adopted_ signed by the mayor pro tern
which was attested to by the city clerk.
2004 PRELIMINARY
BUDGET
Item 10.2
Mayor Pro tem Collier introduced for discussion Item 10.2, Resolution adopting
preliminary tax-supported budgets for the City of New Hope for the year 2004 and
establishing preliminary tax levy for the year payable 2004.
Mr. Dan Donahue, City Manager, stated the city council has conceptually been
discussing the proposed 2004 budget for several weeks. He commented that state
law requires certification of a proposed property tax levy and proposed tax
supported budget by September 15.
Mr. Daryl Sulander, Director of Finance, utilized a power point program to explain
the proposed budget for 2004. He stated the proposed 2004 tax supported budget is
$11,446,832 and the proposed tax levy is $7,829,093. The proposed tax levy is an
increase of $382,390 over the 2003 tax levy. The proposed tax levy is the
maximum allowed under levy limits redefined by legislation enacted by the 2003
State Legislature. The levy limit formula includes a provision which restricts the
levy increase to 60% of the lost LGA amounts for the 2004 budget year. It does
not allow for inflation or tax base growth.
New Hope City Council
Page 4
Mr. Sulander stated the general fund budget for 2004 is $7,822,339 (compared to
$8,532,844 for 2003). The budget includes program and personnel reductions. The
police department office hours will be reduced from its present 24/7 operation.
Also, the crime prevention program in the police department has been reduced and
an investigator position will remain vacant. Staff reductions in the public works
department will mean that snowplowing streets will take longer with one less
maintenance worker. Outdoor skating rinks and warming houses will be cut back
September 8, 2003
to just one rink located at Civic Center Park.
The preliminary'tax levy for 2004 is $7,829,903 which is a 5.1% increase.
Mr. Sulander reported that the budget is based on proposed franchise fees from
utility companies estimated at $437,310.
Next, Mr. Sulander reviewed was the 2004 preliminary tax supported budgets:
General Fund
Special Revenue Funds
Debt Service
Infrastructure Funds
Total tax supported funds
Total proposed tax levy
Funding from other sources
$7,822,339
371,731
1,952,473
1,300,289
11,446,832
7,829,093
$3,617,739
Reserves within the general fund are necessary for cash flow purposes since the
city receives property tax payments only twice a year (May and November).
Components of the general fund, special revenue funds, debt service and
infrastructure funds were illustrated. Mr. Sulander indicated the preliminary
summary budget data will be posted on the city's web site. A copy will also be
available at city hall through the city clerk for persons interested in reviewing the
budget data.
Mayor Pro tern Collier pointed out that the proposed budget is preliminary only,
and a f'mal budget will be considered in December.
RESOLUTION 03-133
Item 10.2
Councilmember Gwin-Lenth introduced the following resolution and moved its
adoption: "RESOLUTION ADOPTING PRELIMINARY TAX-SUPPORTED
BUDGETS FOR THE CITY OF NEW HOPE FOR THE YEAR 2004 AND
ESTABLISHING PRELIMINARY TAX LEVY FOR THE YEAR PAYABLE
2004'. The motion for the adoption of the foregoing resolution was seconded by
Councilmember Cassen, and upon vote being taken thereon, the following voted in
favor thereofi Cassen, Collier; Gwin-Lenth, Sommer; and the following voted
against the same: None; Abstained: None; Absent: Enck; whereupon the resolution
was declared duly passed and adopted, signed by the mayor pro tem which was
attested to by the city clerk.
2004 BUDGET
Item 10.3
Mayor Pro tem Collier introduced for discussion Item 10.3, Resolution
establishing public hearing on the proposed 2004 budget and authorizing
publication.
Mr. Daryl Sulander, Director of Finance, stated staff proposes holding the "troth in
taxation" hearing on Monday, December 1, at 7:00 p.m. If a continuation hearing
is necessary, it can be held on December 8 prior to the regular council meeting.
The levy adoption hearing could be held immediately following the continuation
hearing on December 8 or on a subsequent date. It is proposed that the 2004
budget be presented at the regular council meeting of December 8. The city is
required to certify its final tax levy by December 26.
RESOLUTION 03-134
Item 10.3
New Hope City Council
Page 5
Councilmember Sommer introduced the following resolution and moved its
adoption: "RESOLUTION ESTABLISItlNG PUBLIC HEARING ON THE
PROPOSED 2004 BUDGET AND AUTHORIZING PUBLICATION". The
motion for the adoption of the foregoing resolution was seconded by
Councilmember Cassen, and upon vote being taken thereon, the following voted in
favor thereofi Cassen, Collier; Gwin-Lenth, Sommer; and the following voted
against the same: None; Abstained: None; Absent: Enck; whereupon the resolution
was declared duly passed and adopterl, signed by the mayor pro tern which was
September 8, 2003
CONSENT ITEM
REMOVED
IMP. PROJECT 752
Item 6.11
RESOLUTION 03-135
Item 6.11
CITY
COMMUNICATIONS
Item 12.1
COMMUNICATIONS
Item 12.2
New Hope City Council
Page 6
attested to by the city clerk.
Mayor Pro tern' Collier introduced for discussion the consent item which was
removed for discussion, Item 6.11, Resolution awarding contract to Penn
Contracting, Inc. for the construction of the 2003 backyard drainage and storm
water improvements (improvement project no. 752).
Councilmember Gwin-Lenth questioned what the project entails. She asked
whether any additional projects were added to the backyard drainage project list as
a result of the June 24-25 rain event.
Mr. Guy Johnson, Director of Public Works, stated the proposed backyard
drainage project for 2003 involves properties at 8919, 8937, 8955, and 9001 47-1/2
Avenue North. He mentioned this site was eliminated from the 2001 backyard
drainage project due to budget constraints. The storm water improvements for
2003 is limited to an area in the northeast comer of Dorothy Mary Park. He stated
the only thing added to the project as a result of the rain event cited by
Councilmember Gwin-Lenth is structure improvements in the northeast comer of
Dorothy Mary Park.
Mr. Vince VanderTop, Assistant City Engineer, was recognized. He explained the
project and illustrated part one of the backyard drainage project that benefits four
properties along 47-1/2 Avenue North immediately east of Holiday Park. He stated
storm sewer will be extended through the park and drain tile connections will be
placed ten feet toward the houses. The drain tile connections will be there if any of
the homeowners need to utilize the connections in the future. Staff has already
been obtaining the necessary easements. The cost of part one is $31,510. The
second part of the project will improve the storm sewer inlet capacity at the outlet
of Dorothy Mary Park. The cost for part two is $8,960. The low bidder for the
project is Penn Contracting, Inc. for a total cost of $40,470.
Councilmember Gwin-Lenth introduced the following resolution and moved its
adoption: "RESOLUTION AWARDING CONTRACT TO PENN
CONTRACTING, INC. FOR THE CONSTRUCTION OF THE 2003
BACKYARD DRAINAGE AND STORM WATER IMPROVEMENTS
(IMPROVEMENT PROJECT NO. 752)". The motion for the adoption of the
foregoing resolution was seconded by Couneilmember Cassen, and upon vote
being taken thereon, the following voted in favor thereof: Cassen, Collier; Gwin-
Lenth, Sommer; and the following voted against the same: None; Abstained:
None; Absent: Enck; whereupon the resolution was declared duly passed and
adopted, signed by the mayor pro tem which was attested to by the city clerk.
Mayor Pro tem Collier introduced for discussion Item 12.1, Council input on city
communications. The Council reviewed past and future city communication
activities.
Mayor Pro tern Collier introduced for discussion Item 12.2, Exchange of
communication between members of the city council.
City Manager Donahue
· Reminded Council ora work session on Monday, September 15
· Advised that the Joint Water commission is testing wells at General Mills; a
series of community information meetings will be held in October/November.
Mayor Pro tern Collier
· Announced Marlene Isaacson's retirement party planned for September 10;
Council extended its congratulations to Marlene.
Councilmember Gwin-Lenth
· Reported that the City Center Task Force will host an open house on Sept 18
from 5:30-8:00 p.m.
· Encouraged residents to attend the city's 50th Anniversary Celebration
September 8, 2003
ADJOURNMENT
planned for October 11.
· Remarked that the city secured a $55,500 Met Council grant to prepare the
master plan'and development strategy for the city center site; she commended
the Community Development Department staff for their efforts.
Councilmember Sommer
· Announced the ground breaking ceremony on September 9 at 9200 49t~
Avenue for the Plymouth Heights Pet Hospital
Councilmember Cassen
· Reported that she attended an AMM Meeting on September 4 - discussion
focused on infrastructure funds and the pros and cons of providing funds to
the metro and Greater Minnesota area.
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Cassen, to adjourn the meeting, as there was no further business to come before
the Council. All present voted in favor. Motion carried. The New Hope City
Council adjourned at 8:51 p.rr~
Valerie Leone
City Clerk - -
New Hope City Council
Page 7
September 8, 2003