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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 5530 HOSTERMAN JR _HIGH SCHOOL 54TH AVE N Building Permit Moratorium Area 5518 6,440 '~'"'-- I' i E ?.,o; II~illllmilllilg[',Sb'['J"l IV~ N ~""!-- -'-'; --.---,----.~ C.1 ~___ ,~-----4---~,,-~._;..__..~ i-_.. $2.' C) ~Z Z MetropoHt= Council 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 . , j ..... , ~ ...... ~ "~.~._. - .. ~ ~ 5~ c~ ~ NORTH · . ~ PUBLIC '. ..... WORKS ,',GAUGE ~ ME~S ; 5417 9101 8821 ~01 RIDGE CARE CENTER HOSTERMAN JR HIGH SCHOOL 1501 C. P. RAIL SYSTEM 55TH AVl[: N PPL AFFORDABLE APARTMENTS . 5501 NEW' HOPE, MINNESOTA BOOhlE AVE hi JLH 603.12 6/20/03 ,lum~ inc NE~'vPPL AFFORDABLEHoPE~ MINNESoTAAPARTMENTS . 5501 BOONE AVE N JLH 603- ! 2 e/2o/o3 llumentals/Archltecture inc ~to~ct ~M~ PPL AFFORDABLE APARTMENTS NEW HOPE, MINNESOTA - 5501 BOONE AVE N J~ 603- a/20/03 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' ,.~, --* ............ ~ ; - ~__. ;, ....... / . ..... ~ ....... ;- ...... ~. ....... ~ ~G~ :'~ . ......... ;._. I ~ ' ..... 2.. f ~ ,J ~ / ' /~~----~L J ~' ~.~mnet~Ave. N. ?~-~',.,.;~. ~/~ ~:~;~/~' I :~: ::~SE=~:~.~' ....... ~ ~ J ~, ~ ~.; . ~, ; ~ I -.,~,ouss~keRoad 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 P ./ ! f ! ! I ii I I ! I I I Existing 20' drainage- and utility easement. Vacate the north §.0' feet. Maintain the-north 10 feet of the south 15 feet as drainage and utility easement. Re- dedicate the south 5.0' as street, drainage, and utility easement. ! I I ! ! I I ! J , I I I I I ! ! . Line "A" Temporary Access Easement 10' 'o '~ 20' ! ! I 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 \ \.. ~.,...-.--~o$9 ~, : --, ~---~ ~1 ': ~. 6042 ! .... ~ ' '""--,. ., To ~ ~040 ~ 7124. ~: , · ,, %, . ~, ~o,.~ i ~:~', · "I. .~ ~ _ LOUBARDY LANE ..' ....: . ,. \ · ~---------,~ ,i,~.~ "-T-''~,- '..__u ; _._ ,~..,...~.' f .r-'-- -- i eooo, --..----x, ,, ,.___._ ,.__; : .... · % , '--"T =~ | , .... _.,-' ;~ 1. ; 7136 ~--'---'~,v'~ ~_ ti ~. : '~- ~ f ~'--T"'~ ~, - -- r---,- ~ t'H'~rf ' "x~,,~ = _I ~zj , . I~i · ' · ---' ~ .......... ,-- _- i :- _ ~......___j..x.; " 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 5650 56OO S$27 8317 5615 ~21 X. 8420 553O HOSTERMAN JR HIGH SCHOOL 8JO0 J)11 Building Permit Moratorium Area ~,. 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 A-! 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