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020398 Planning 'AGENDA PLANNING COMMISSION MEETING OF FEBRUARY 3, 1998 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. OATH OF OFFICE 4. ELECTION OF OFFICERS 5. CONSENT ITEMS 6. PUBLIC HEARINGS * 6.1 Case 98-01 Request for Conditional Use Permit to Allow Shared Parking for 8000 Bass Lake Road at 7910-7914 Bass Lake Road, St. Therese Home., Inc., Petitioner 7. COMMITTEE REPORTS 7.1 Report of Design & Review Committee - Next Meeting: February 12 at 8 a.m. (if needed) 7.2 Report of Codes & Standards Committee - Next Meeting: February 25 at 7 a.m. 7.3 Report of Comprehensive Plan Update Committee 8. OLD BUSINESS 8.1 Miscellaneous Issues 9. NEW BUSINESS 9.1 Review/Approval of Planning Commission Minutes of December 2, 1997. 9.2 Review of Comprehensive Plan Update Committee Minutes of November 20, 1997. 9.3 Review of City Council Minutes of November 24, December 8 and 22, 1997, and January 12, 1998. 9.4 Review of EDA Minutes of November 24 and December 8, 1997. 10. ANNOUNCEMENTS 11. ADJOURNMENT *Petitioners are required to be in attendance CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 98-01 Request: Request for a'Conditional Use Permit to Allow Shared Parking at 7910/7914 Bass Lake Road Location: 8000 Bass Lake Road, and 7910/7914 Bass Lake Road PI D No.: #06-118-21-41-0029, #06-118-21-41-0027, #06-118-21-0026, #06-118-21-41-0025 Zoning: R-5, Senior/Disabled Residential, and B-2, Retail Business Petitioner: St. Therese Home, Inc. and Kraus-Anderson Co.. Report Date: January 30, 1998 Meeting Date: February 3, 1998 BACKGROUND 1. The petitioners are requesting a conditional use permit to allow shared parking with an adjacent property at 7910/7914 Bass Lake Road, pursuant to Sections 4.036(11)(12) and 4.21 of the New Hope Code of Ordinances. 2. When St. Therese Home platted its property in 1997 and had a topographic/utilities location survey prepared, it was noted that some off-site parking was taking place. One of the conditions of the plat approval was that St. Therese Home, Inc. formalize this unofficial off-site parking arrangement by seeking a Conditional Use Permit for shared off-site parking. 3. This request is to formalize the unofficial past use of 28 parking spaces on adjacent land to the south at 7910/7914 Bass Lake Road owned by Kraus Anderson. 4. The St. Therese property was rezoned to R-5, Senior/Disabled Residential, in 1997, in conjunction with the approval for their duplex demolition/parking lot expansion. The St. Therese parcel is 9.4 acres in size and the existing land use is as a nursing home and elderly apartments. 5. The "L-shaped" parcel to the south of and adjacent to the St. Therese property is owned by Kraus Anderson. The parcel is 1.5 acres in size, is zoned B-2 Retail Business, and contains a small strip center fronting onto Bass Lake Road. The proposed shared parking area is located on the east side of the Kraus Anderson property and has access off of Winnetka. 6. Surrounding zoning and land uses include B-2, Retail Business, and R-4 apartments to the east across Winnetka; B-3, Auto Oriented, and B-2, Retail 'Business, to the south at the intersection of Winnetka and Bass Lake Road; R-4 apartments and Village Green Golf Course to the west; and R-1 and R-2 residential to the north beyond the municipal golf course. 7. The properties are located in Planning District #2, which describes "an existing street pattern, with traffic controls, that reinforce the pedestrian orientation of the neighborhood." This shared off-site parking arrangement includes a pedestrian sidewalk from the St. Therese property to the nearby adjacent parking lot. 8. St..Therese has 239 on-site approved parking spaces and has more parking than the zoning code requires. However, they have a need for additional off-site parking for their employees, thus the arrangement with Kraus Anderson for 28 off-site spaces. 9. In the petitioner's application, they state that "the property currently owned by St. Therese provides a total of 239 parking spaces, including the recently added lot on the north end. There are times most days (Monday - Friday), however, when overflow parking is needed. A study done in November 1997 indicated a need for between 15 and 25 (averaging 18) additional spaces during the busiest times of the day." 10. The petitioner further states that "St. Therese management contracts with Osborne Properties for 28 spaces of overflow parking. It is located at Winnetka and Bass Lake Road, currently behind the Amoco Service Station. This property is legally described as: 'That part of Tract B, Registered Land Survey No. 1245, Files of the Registrar of Titles, County of Hennepin, State of Minnesota, lying Easterly of a line drawn from a point in the North line of said Tract B, distant 253 feet West of the Northeast corner of said Tract B to the Northwest corner of Tract A in said Registered Land Survey.' This contract has been in effect for a number of years and has met the needs of the St. Therese employees. The reason for the Conditional Use Permit request is to formalize what already works." 11. Both properties are developed. The north half of the St. Therese property drains to the north (golf course) and the south portion drains into the existing pond between the two lots. A small grove of trees exist in the lawn/pond/walking area north of the pond. 12. Property owners within 350' of the request have been notified, including the City of Crystal, and staff received one inquiry regarding this request from Lyndale Garden Center, who had no concerns after the shared off-site parking CUP request was explained to them. ANALYSIS · 1. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. 2. Other general criteria to be considered when determining whether to approve or. deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibility. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Residential Districts, R-1,2,3,4,5, R-O: a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 2. In Business Districts (B-l, B-2, B-3, B-4); a. Traffic. The proposed use will not cause traffic hazards or congestion. b. Nearby Residences. Adjacent residentially zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. c. Effect on Other Businesses. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of unduly heavy non- shopping traffic or general unsightliness. 3. Due to the fact that both land uses already exist compatibly with the shared off-site parking use, based upon staff's knowledge and records, staff find that this request meets the general and CUP standards and criteria listed above regarding traffic, screening, compatible appearance of buildings, residential buffer and the prohibition of adverse affects on existing customer traffic. 4. Section 4.036(12) of the Zoning Code states that off-site parking shall require a conditional use permit and shall be subject to the following conditions: A. Code Compliance. Off-site parking shall be developed and maintained in compliance with all requirements and standards of the City Code. The parking lot to be used for the off-site parking was previously approved by the Planning Commission and City Council and constructed per code. B. Access. Reasonable access from off-street par.king facilities to the use being serviced shall be provided. Due to the proximity of the parking area to the St. Therese property, staff find that reasonable access from the off-street parking facilities to the use being serviced is provided. C. Lessee A.qreement Required. The site used for meeting the off-site parking requirements of the City Code shall be secured by a lease agreement between the parties, with term approved by the City Council subject to the review and approval of the City Attorney, filed with the City Clerk and recorded with the Hennepin County Recorder or Registrar of Titles, and a certified copy of the recorded document shall be filed with the City Clerk within 60 days after approval of the agreement by the City Council. The two parties do have a License Agreement, which is attached, that is dated November 11, 1997. The License Agreement has a 60-day notice to terminate. A condition of approval should include recording on both property titles within 60 days of Council approval. D. Proximity to Multiple Residence. Off-site parking for multiple family dwelling shall not be located more than one hundred feet from any normally used entrance of the principal use serviced. Staff does not feel that this condition applies beCause St. Therese is not classified as a multiple residence, it is a nursing home. E. Proximity for Non-Residential Uses. Off-site parking for non-residential uses shall not be located more than three hundred feet from the main entrance of the principal use being served. No more than one main entrance shall be recognized for each principal building. This request does not comply with this requirement for two reasons: 1. ^ pond separates the parking lot from the nursing home, which is 300 feet at the closest point. The yard area around the pond is a secluded, private space for residents. St. Therese does not desire to open the fence 'at the property line and disrupt this area with an employee bridge and sidewalk to the nearest building corner. 2. Both the nursing home and parking lot uses already exist and are compatible. Employees use the existing public sidewalk along Winnetka Avenue to walk to and from work at St. Therese. F. Term of Parking Agreement. Any use which depends upon off-site parking to meet the requirements of this code shall maintain ownership and parking utilization of the off-site location until such time as on-site parking is provided or a site in closer proximity to the principal use is ac. quired and developed for parking. St. Therese needs to maintain the lease until they decide to construct additional parking on their property and/or lease space closer to their building. They do have space on their property for parking expansion. 5. The submitted documents are complete in staff's opinion, including both property owners signatures, legal descriptions and site plans identifying the 28 parking spaces. RECOMMENDATION Staff recommend approval of the off-site parking conditional use permit for 28 spaces, subject to the following conditions: 1. Lease agreement to be filed with Hennepin County and a certified copy of the recorded document shall be filed with the City Clerk within 60 days of approval. 2. If the lease agreement is terminated, the off-site parking will be replaced with on-site parking within 90 days. Attachments: Zoning/Address/Topo Maps Petitioner Request Final Plat Parking Count 10/31 Correspondence 10/27 Council Minutes Application Log Off-Site Parking Graphics Survey License Agreement ~ENUE - ~:' *:' BO0~' ~II ~N D AV~, ZEALAND 0 ~ ~ YUKON AVE. XYLON AVE. N. -- o ~ ~ o - N AVl 2oo? -- N I A A V E ~oo7 . m ~OlO NO. 156 WINNETKA m ~. ' RHODE ISLAND AVE. ~VE. RHODE: ISLAND AVE Request for Conditional Use Permit The property currently owned by St. Therese provides a total of 239 parking spaces, including the recently added lot on the north end. There are times most days (Monday-Friday), however, when overflow parking is needed. A study done in November 1997 indicates a need for between 15 and 25 (averaging 18) additional spaces during the busiest times of the day. St. Therese management contracts with Osborne Properties for 28 spaces of overflow parking. It is located at Winnetka and Bass Lake Road, currently behind the Amoco Service Station. This property is legally described as: What part of Tract B, 'Registered Land Survey No. 1245, Files of the Registrar of Titles, County of Hennepin, State of Minnesota, lying Easterly of a line drawn from a point in the North line of said Tract B, distant 253 feet West of the Northeast comer of said Tract 8 to the Northwest comer of Tract Ain said Registered Land Survey.' This contract has been in effect for a number of years and has met the needs of the St. Therese employees. The mason for the Conditional Use Permit request is to formalize what' already works. ~/ , o8.o8 ~7 POND '- 904 5 ~05.q 904.4 - / ' I her, a trL SUPV{ super SCALE: ~ INCH A'40 FEET Land Minne PARKING SP]~CEAVAIIABILITY Area Description Available parking Spaces A Front lot 88 B Employee lot 151 DELMA[ C Amoco Star~ard lot 28 MN LI( D Glodek/Kapala . (~K~r'ch row) on Dralnage And Utility Easements Are east side of 23 Total Spaces 290 Being 5.00 feet or 10.00 feet in wu a]l lot !lnes, as shown on the dra% 4401 Xylon Avenue North City Hall: 612-531-5100 City Hall Fax: 612.531-5136 New Hope, Minnesota 55428-4898 Police: 612-531-5170 Police Fax: 612.531-5174 Public Works: 612-533-4823 Public Works Fax: 612-533-7650 TDD: 612-531-5109 Fire Dep't. Fax: 612-531-5175 October 31, 1997 Mr. Dave Bredenberg, Administrator St. Therese Home, Inc. 8000 Bass Lake Road New Hope, MN 55428 Subject: Request for Final Plat Approval of Saint Therese Addition Dear Mr. Bredenberg: Please be advised that at the October 27, 1997, New Hope City Council meeting, the Council approved the final plat of Saint Therese Addition, subject to the following condition: 1. Final Plat to be revised and incorporate recommendations of City Attorney, City Engineer and Building Official. Please proceed to make the changes to the final plat as highlighted in the attached report. Once the changes have been incorporated into the plat, please submit 10 blue line copies of the revised plat to the City. Per the enclosed instruction sheet regarding the filing of the final plat, once the plat is finalized you should submit two (2) mylars to the City Clerk with all the necessary signatures on the plat with the exception of the City and Hennepin County. After the appropriate City officials sign the plat, you will need to take the mylars to Hennepin County for filing. At the time the City signs the plat you will also receive an executed resolution approving the plat, which would be presented to the County at the time the plat is filed. The resolution for final plat approval will expire one hundred (100) days from the date of adoption. If the aforesaid subdivision is not recorded with the appropriate offices of Hennepin County within one (1) year, a new application will be required for subdivision by the City of New Hope. In conjunction with making the final revision to the plat, you should provide the City Attorney with evidence of title as soon as possible. jAlso, as discussed at the Council meeting, the off-site parking issues can be addressed through a separate conditional use permit application now or in conjunction with your future building expansion. · ~, ,,/~:, For Family Living Family Styled City i,,~,,,i.,%; lj~?~,:~ vendor Mr. Donahue indicated the City Engineer-and staff recommend that the City reconstruct the existing Public Works fuel facility. Ms. Jeannine Clancy, Director of Public Works, responded to questions from the City Council. Questions were raised concerning the projected costs for personnel travel time to an off-site fueling site. The Council directed staff to further explore the school district options as well as a private vendor option including utilization of two versus one vendor. Council advised staff that it will consider the issue further at its upcoming November 3 work session. PLANNING CASE Mayor Enck introduced for discussion Item 8.3, Planning Case 97-03, Final Plat 97-03 Approval for Saint Therese Addition, 8000 Bass Lake Road, St. Therese Home, Item 8.3 Inc., Petitioner. Mr. Kirk McDonald, M_anagement Assistant/Community Development Coordinator, explained when the site/building plan review and rezoning were approved last year, one of the conditions of approval was that St. Therese complete the platting of all parcels into one lot. He stated the irmal plat was submitted to City Department Heads, City Attorney, City Engineer, Building Official, Hennepin County, and utility companies for review. He acknowledged the presence of St. Therese representatives and thanked them for their cooperation with the platting process. Councilmember Cassen inquired regarding the five-foot drainage/utility easement along Bass Lake Road. Mr. McDonald reported that staff does not foresee any problems with the reduced easement width based on the property use.  '~ Mr. McDonald noted that as part of the platting process St. Therese completed a .~ site location survey which included off-site parkinli. The off-site parking issues are · expected to be addressed through a separate conditional use permit application or future expansion plans which St. Therese may pursue in 1998. . .... RESOLUTION 97-178 Councilmember Cassen introduced the following resolution and moved its ItemS.3 adoption: "RESOLUTION APPROVING PLANNING CASE NO. 97-03 FINAL PLAT OF SAINT TI:IER~E ADDITION AT 8000 BASS LAKE ROAD (PID //06-118-21-41-0029, //06-118-21-41-0027, g06-118-21-41-0026) SUBMITI'ED BY ST. TItERF_SE HOME, INC." The motion for the adoption of the foregoing resolution was seconded by Councilmember Collier, and upon vote being taken thereon, the following .voted in favor-thereof: Enck, Cassen, Collier,. Norby, Otten; 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. ORDINANCE 97-28 Mayor Enck introduced for discussion Item 10.3, An Ordinance Deleting New Item 10.3 Hope Code Sections 8.11 through 8.117 Regarding Christmas Tree Sales. New Hope City Council October 27, 1997 Page 4 . CITY OF NEW HOPE' , SPECIAL ZONING PROCEDURES APPLICATION LOG A B C D E F G H I J Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City cation application was sent day time day time Applicant for City approved or sent response number Name received notice limit limit was notified action denied the to Applicant Address by City that required expires expires of under application Phone information extension extension was missing or waiver 98-01 St. Therese Home, Inc. 115/98 3/10/98 5~9~98 8000 Bass Lake Road New Hope 55428 Dave Bredenberg Sr. Bernice Ebner Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application. A. Assign each application a number. B. List the Applicant (name, address and phone). C. List the date the City received the application. D. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within '10 business days after the date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line. E. To calculate the 60-day limit, include all calendar days. F. To calculate the 120-day limit, include all calendar days. G. Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G must come before the date in Boxes E and F.) H. List the deadline under any extension or waiver. I. The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.) J. List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before the time limit expires. LICENSE AGREEMENT THIS LICENSE AGREEMENT, is made this /) ~ day of ~, 19 c~ 7, by and between Osborne Properties, a Minnesota limited partnership (hereinafter referred to as "Owner') and St. Therese Home, Inc., a Minnesota non-profit corporation (hereinafter referred to as "Licensee"). WlTNESSETH THAT WHEREAS: A. Owner is the owner of that certain shopping center located at 7910 Bass Lake Road, Crystal, Minnesota, legally described as Tract B, Registered Land Survey No. 1245, files of the Registrar of Titles, Hennepin County, Minnesota (the "Shopping Center Parcel"); B. Licensee is the owner of that certain parcel of land lying north of the Shopping Center Parcel ("Licensee's Parcel"); C. Licensee desires to enter into a Ucense Agreement with Owner whereby Ucensee would be allowed to use that portion of the Shopping Center legally described upon' Exhibit A attached hereto for purposes of parking motor vehicles; and D. Owner is Willing to enter into such a Ucense Agreement with Ucensee, upon certain terms and conditions. NOW THEREFORE, in consideration of the mutual agreements herein contained, and for other good and Valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Subject to the terms and conditions hereof, Owner' hereby grants UCensee a revocable " nonexclusive license to use that portion of the Shopping Center Parcel legally described uPon Exhibit A attached hereto, and as shown outlined in red, upon Exhibit B attached hereto (hereinafter referred to as the "License Area"). Said license is granted for the benefit of Ucensee and may be used and enjoyed by Ucensee, the tenants of Ucensee, and the agents, .~ employees, visitors and invitees of Ucensee's Parcel for purposes of parking motor vehicles. Licensee, and Licensee's tenants, agents, employees, visitors, and inVitees may park motor vehicles only within that portion of the Ucense Area o..utlined in green upon Exhibit B attached hereto, the remainder of said License Area being reserved for use r~; Owner and Ucensee for driveway and roadway purposes. In no event shall Licensee or its tenants, agents, employees, ' visitors, and invitees park motor vehicles in the Shopping Center main parking area located along Bass Lake Road. ..~: - · 2 Licensee shall maintain the entire License Area in good order, condition and repair, at the sole cost and expense of Licensee. Ucensee's repair and maintenance obligations for the Ucense Area shall include, without limitation, the repair, replacement, patching, striping, seal coating, sweeping and snow plowing of the parking facilities and roadways located within said l. Jcense Area. 3. Licensee shall pay Owner, on the first day of each and every month, in advance, the sum of i Three Hundred Fifty and No/100 Dollars ($350.00) as a license fee for Licensee's use of the i License Area as permitted hereunder. 4. This License Agreement shall remain in full force and effect until terminated as follows: (a) Either party hereto may terminate this agreement by providing the other party hereto written termination notice at least sixty (60) days before the date of termination; or (b) Owner may terminate this Agreement and the license granted hereunder if Ucensee defaults in the performance of its obligations hereunder and said default continues uncured for ten days (10) days after said notice of default from Owner. 5. Licensee shall indemnify and save Owner harmless from and against any and ali claims, demands, suits, liabilities, costs and/or expenses, including reasonable attorney's fee, incurred or suffered by reason of loss or damage to any person and/or property which arise or are caused, directly or indirectly, by Licensee's use of the Ucense Area. Ucensee's use of the License Area shall be at Licensee's own risk, and Owner shall have no liability to Licensee or any third person for any loss, injury, or damage to any person or property which arises in connection with Ucensee's use of the License Area, except for the negligent acts of Owner. Ucensee shall maintain in force during the term of this License Agreement, a policy or policies of general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) insuring License against bodily injury and property damage occurring in the License Area in connection with Licensee's use thereof. 6. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. - IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year first above wdtten. Th/.s Agreemenl: replaces t:he License Agreement dated. By: ~,J'~ "'." L ~ C... Osborne FZ:Ol:,erl:ies and. Owner si:. Therese Home, Inc. ST. THERESE HOME, INC. Licensee ' - EXHIBIT A (UCENSE AREA) That part of Tract B, Registered Land Survey No. 1245, Rles of the Registrar of Titles, County of Henneping, State of Minnesota, lying Easterly of a line drown from a point in the North line of said Tract B, distant 253 feet West of the Northeast comer of said Tract B to the Northwest comer of Tract A in said Registered Land Survey. \\ 0 0 ~ 'Memorandum To: Planning Commission Members From-' Kirk McDonald, Director of Community Development Date: January 30, 1998 Subject: Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on CouncillEDA actions. It is not required reading and is optional information provided for your review, at your discretion. 1. December 8 CouncillEDA Meetings - At the December 8 Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Resolution Re-Appointing Roger Landy and William Oelkers to the Planning Commission for Three-Year Terms Expiring December 31, 2000: Approved, see attached Council request. B. Project #543, Resolution Approving Specifications for the Old Fire Station Demolition; Order Advertisements for Bids: Approved, see attached Council request. C. Proiect #573, Motion Approving Landscaping Plan for 5212 Winnetka Avenue: See attached plan. D. Proiect #523, Resolution Approving Transfer of Ownership of Gill Brothers Funeral Home: Approved, see attached Council/EDA requests. E. Resolution Approving Personal/Professional Service Agreement Contract No. HCA04548 with Hennepin County Department of Traininq and Employment Assistance: Approved, see attached Council request. F. Proiect #625, Resolution Approving Agreement Between the Crystal/New Hope Collaborative and Sirolli Institute: Approved, see attached Council request. G. Planning Case 97-23, Comprehensive Sign Plan Approval, $201 Winnetka Avenue: Approved, see attached Council request. H. Proiect ~547, Presentation Regarding Proposed 42"d Avenue Street/Intersection Improvements: Approved, see attached Council request. I. Project 626, Presentation Regarding 36e Avenue: Approved, see attached Council request. J. Project #$89, Resolution Awarding Contract for the Building Rehabilitation at 9116 31=t Avenue: Approved, see attached Council request. K. Ordinance 97-29/Planning Case 97-29, An Ordinance Repealing the Lot Coverage Requirement for I-1 Zoned Property: Adopted. L. Ordinance 97-301Planning case 97-28, An Ordinance Amending New Hope Code by - Permitting the Placement of Air Conditioning Units in Sideyards: Failed by 1 to 3 vote. M. Project #523, Resolution Authorizing Certificate of Completion for Redevelopment Project 85-2: Approved, see attached EDA request. ' 2. December 22 Council Meetinas - At the December 22 Council meetings, the Council took action on the following planning/development/housing issues: A. Proiect #573, Motion Approving "As Is" Market Value Appraisal for City-Owned Property at 5212 Winnetka Avenue: Approved, see attached Council request. B. Project #612, Motion Approving Quote Submitted by Hy-Land Surveying for Boundary Survey of 5629 Wisconsin Avenue: Approved, see attached Council request. C. Planning Case 96-17, Resolution Accepting Easement from Englesma Limited Partnership for Water Main Improvement Relating to Ambassador Nursing Home Project: Approved, see attached Council request. D. Projects ~612 and 613, Motion Approving Utilization of Evergreen Land Services Company for Relocation Services: Approved, see attached Council request. E. Planning Case 97-22, Resolution Approving Metropolitan Council Local Planninq Assistance Program Grant Agreement: Approved, see attached Council request. F. Proiect ~612, Resolution Approving Purchase of 5629 Wisconsin Avenue: Approved, see attached Council request. G. Project #613, Resolution Approving Purchase of 7621 62nd Avenue: Approved, see attached Council request. 3. January 12 Council Meetin_cl - At the January 12 ~ouncil meeting, the Council took action on the following planning/development/housing issues: A. Resolution Accepting Resignation of Richard Stulberg from the New Hope Planning Commission and Extending Appreciation for His Service: Approved, see attached Council request. B. Resolution Accepting Resignation of James Damiani from the New Hope Planninq Commission and Extending Appreciation for His .Service: Approved, see attached Council request. C. Proiect #5'14, Resolution Approving Agreement with Events of Distinction to Assist with Coordination of 1998 Northwest Suburban Remodeling .Fair: Approved, see attached Council request. D. Project ~600, Public Hearing/Ordinance No. 98-02, An Ordinance Establishing a Housing Improvement Area for the Sandpiper Cove Townhome Development Pursuant to Minn. Stat. Chap. 428A: Adopted, with change for Uno early payoffs." See attached copy of ordinance. E. Motion Appointing John Cameron~ Paul Anderson and Tom Schmidt ot City Commissions: John and Paul appointed to Planning Commission and Tom appointed to CAC. F. Discussion Regarding Health Inspection Services: Council directed staff to contract with Hennepin County. See attached Council request. 4. January 26 CouncillEDA Meetinas - At January 26 Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Project ff~43, Resolution Approving Contract Between City of New Hope and DKH Excavating for Demolition of the Old Fire Station: Approved, see attached Council request. 5. Codes & Standards Committee - The Committee met in December and discussed side yard air conditioners, shopping center parking requirements, R-1 setbacks and accessory buildings, and sign code update, curb cuts, bus benches, and home occupations. In January the Committee continued discussion on home occupations, the Sign Code and R-1 setbacks and accessory buildings. 6. Design & Review Committee - Design & Review did not meet in December or January as no · · apl~lications were submitted that required review by the Committee. 7. Comprehensive Plan Update Committee - The Committee met in January and reviewed the Planning Tactics prepared by the Planning Consultant and the Policy Plan. The Committee will be meeting with the City Council on February 2. Roger Landy, the Chair of the Committee, will provide an update on the Committee activities for interested Commissioners. A presentation on the Comprehensive Plan update will be made to the full Commission at the March Planning Commission meeting. 8. Proiect Bulletins - Enclosed are project bulletins mailed dudng November, December and January to residents on Northwood Park improvements, Corner Park improvements and 9116 31 ~ Avenue. 9. Commissioner Correspondence - Attached for your information is correspondence to the two Planning Commissioners who were re-appointed for three-year terms (Roger Landy and Bill Oelkers) and to the two Commissioners who resigned (Jim Damiani and Rick Stulberg) at the end of 1997. The application from the two new members appointed to the Commission can be found under the Oath section of this agenda. Also enclosed is a letter from Bill Keefe notifying the City of a change in address. A new Planning Commission member list is attached. 10. Miscellaneous Articles - Enclosed are several articles from the Zoning News an~l the Zoning Bulletin for your information. 11. Other planning/housing/development issues that staff have been working on include: A. Industrial expansions: 1. Archives Corporation 2. West Pac 3. Collisys Electrical 4. Conductive Containers, Inc. 5. Avtec Finishing B. CareBreak 1998 development on Boone Avenue C. Resolution of issues related to Hoyt development D. Potential expansion of St. Therese Nursing Home E. Housing Projects: Sin.qle Family: 5212 Winnetka Avenue 9116 31'~ Avenue 5629 Wisconsin Avenue Multi-Family: Sandpiper Cove PPL Project on Bass Lake Road 62"" Avenue Apartments F. Potential rehabilitation and/or redevelopment of Post Haste Center G. The formation of a new Community Development Department, consolidating all planning, development, housing and inspections functions in one Department. Attachments: Re-Appointment for Roger Landy and Bill Oelkers Old Fire Station Demo Landscaping Plan for 5212 Winnetka Avenue Gills Brothers Ownership Transfer Agreement with Hennepin County Dept. of Training and Employment Assistance Agreement Between Crystal/New Hope Collaborative and Sirolli Institute Comp Sign Plan for 5201 Winnetka Avenue 42n~ Avenue Improvements 36~ Avenue Improvements 9116 31 ,~ Avenue Old Fire Station Project Bulletins Quarterly Reports Commissioner Correspondence Miscellaneous Articles REQUF T FOR ACTION Originating Depa_,-m~entApproved for Agenda Agenda Section Consent Finance/Admin. ~-8-97 Item No. By:. Valerie Leone By:. 6.5 RESOLUTION RE-APPOINTING ROGER LANDY AND WILLIAM OELKERS TO THE PLANNING COMMISSION FOR THREE-YEAR TERMS EXPIRING DECEMBER 3 l, 2000 Planning Commissioners are appointed for three-year terms. Both Roger Landy and Bill Oelkers are seeking re-appointment to the Planning Commission. Richard Stulberg and James Damiam have declined re-appointment. They will be honored at ne.ct summer's appreciation picnic. Other Planning Commissioners (not up for reappointment): Kathy Hemken William Keefe Adam Kramer William Sonsin Steven Svendsen Staff recommends adoption of the resolution. Vacancies on several commissions will be published in the Sun Post in the near future. MOTION BY SECOND BY TO: I~tew: ~tlon: Finance: RFA-OO I ~ t REQUEST FOR ACTION Originating DeparLment Approved for Agenda Agenda Section Public Works 12-8-97 Consent f f~ Item No. By: Jeannine Clancy By:. 6. ]. 9 RESOLUTION APPROVING SPECIFICA/TIONS FOR THE OLD FIRE STATION DEMOLITION; (PROJECT 543); ORDERING ADVERTISEMENT FOR BIDS The City Council has directed staff to undertake efforts to demolish the old fire station located at 4300 Zealand Avenue. To date, work has been approved to remove and relocate the civil defense sire6'and to sever the communications link between the old fire station and the new fire station. In addition, community groups and City Departments which store materials in the space have been notified that the building will be demolished. All groups are expected to have their items out of the facility in time for the demolition. Project specifications have been prepared by the City Engineer. The demolition shall inculde complete removal of the building, the foundations walls and footings except in the area of the hose tower. Due to the proximity of the transformer, the walls in this area will be removed to five feet below the existing groundline. The project specifications also include disposal of some non-friable asbestos, lead based paint, fluorescent light bulbs and ballasts, and mercury switches. After demolition, the site will be filled and graded to blend in with the adjacent ground. Public Works will seed the area in Spring, 1998. Should Council approve this resolution, the following schedule would be followed: Council Approves Plans &.Specifications December 8, 1997 Bid Opening January 20, 1998 Council Awards Contract January 26, 1998 Begin Demolition March 16, 1998 Complete Demolition April 17, 1998 Complete Site Restoration May 15, 1998 Staff recommends that Council adopt the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: [ RFA-O01 ~ ~ COL~CrL FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent  12-8-97 Kirk McDonald Item No. By:. Management Assistant By:. 6,20 MOTION APPROVING LANDSCAPING ~LAN FOR 5212 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 573) Staff is requesting approval of a motion approving the attached landscaping plan for the single family dwelling the City is rehabilitating at 5212 Winnetka Avenue North. The rehabilitation project is nearing completion and staff are currently working on punch list items with the contractor. It is anticipated thal the home will be placed on the market for sale in January in conjunction with an open house and sold during the first quarter of 1998. Due to the fact that the sale will take place during the winter months, a landscaping plan needs to be approved so it can be attached to the purchase agreement so the buyer will know what landscaping will take place in the spdng. In the spdng, the City will seek bids based on this plan and coordinate the installation of landscaping to finalize the project. The landscaping plan was developed by the Contract Manager and the estimated cost of the landscaping is approximately $3,000, the amount originally budgeted for landscaping on this project. The plan calls for the following plantings at the following locations: Location Plantings Front of House (north of front door) 1 3 Dwarf Winged Euonymus ~/ 5 Scandia Juniper i i 7 Dwarf European Viburnum Front of House (top of retaining wail) 11 Gold Flame Spirea '-North Rear Side of House 8 Taunton Yew Southeast Rear Yard 2 Black Hills Spruce The new plantings are intended to compliment the existing plantings on the property. The cost estimate also includes 200 yards of sod, site preparation, edging and mulch. Staff recommends approval of a motion approving the landscaping plans for 5212 Winnetka Avenue North. MOT[ON BY SECOND BY TO: Review: Administration:. Finance: RFA-O01 5212 Winnetka Avenue North Landscaping Plan 2 BHS Black Hills Spruce 8 TY TauntOn Yew 5 SJ Scandia Juniper 30.00 3 DWE i Dwarf Winged Euonymus 40.00 7 DEV i Dwarf European Viburnum 25.00 ~ 175.00 11 GFS Gold Flame Spirea 25.00 Subtotal i $1720.00 200 yds ; Sod 4.25/yd 850.00 Site preparation, edging, and Estimate 500,00 i rnulch -' [ Total $3,070.00 Originating Depa~uent App~d for ~e~a ~enda Section City Manager ~ Consent 2-8-97 Ki~ McDonald ~ / Item No. ~: Management Assistant ~ ~/ 6.2 [ RESOLUTION APPROVING T~NSFER~F OWNERSHIP OF GILL BROTHERS FUNE~L HOME (IMPROVEMENT PROJECT NO. 523) ~ Per the affached co~espondence from the City A~orney, the aEorneys for Nell McGraw have approached the EDA and the City for consents to the transfem of ownership of the prope~ at 7300 42~ Avenue No~h. The transfers are for estate planning pu~oses on the pa~ of Mr. McGraw and consist of a three-step process, as follows: 1. The assignment of the vadous contracts (including the Redevelopment Agreement, the Variance Site Improvement Agreement, mo~gages and other mis~llaneous documents) along with the real estate, from Gill Brothem Funeral Chapels, Inc. to Nell M~raw. 2. A lease of the pwpe~ by Nell McGraw back to Gill Brothers Funeral Chapels, Inc. 3. Nell McGraw will assign and transfer his interest in the vadous contracts and the real estate. including the lease, to NEM Family Limit~ Pa~nemhip. This maffer is before the Council because the Vadan~ Site Improvement Agreement be~een the City and Gill Brothers Funeral Chapels, Inc. is among the documents being assigned. All work required by the agreement has been completed and the secud~ has been released. The EDA is also being asked to ~nsent to the transfem and a similar resolution is on the EDA agenda. Staff recommends approval of the resolution. M~ON BY SECO~ ~ ~A-O01 ~ .I EDA ~ - REQUF T FOR ACTION Originating Depa~i~ient Approved for Agenda Agenda Section EDA City Manager 12-8-97 Item No. Kirk McDonald By:. Management Assistant By:. RESOLUTION APPROVING TRANSFER OF OWNERSHIP OF GILL BROTHERS FUNERAL HOME (IMPROVEMENT PROJECT NO. 523) This resolution is similar to the one passed by the City Council. Per the attached correspondence from the City Attorney, the attorneys for Neil McGraw have approached the EDA and the City for consents to the transfers of ownership of the property at 7300 42~ Avenue North. The transfers are for estate planning purposes on the part of Mr. McGraw and consist of a three-step process, as follows: 1. The assignment of the vadous contracts (including the Redevelopment Agreement, the Variance Site Improvement Agreement, mortgages and other miscellaneous documents) along with the real estate, from Gill Brothers Funeral Chapels, Inc. to Nell McGraw. 2. A lease of the property by Nell McGraw back to Gill Brothers Funeral Chapels, Inc. 3. Nell McGraw will assign and transfer his interest in the vadous contracts and the real estate, including the lease, to NEM Family Limited Partnership. The City Attorney states that they have examined the Agreement of Partnership of NEM Family Limited Partnership, the Articles of Incorporation and Bylaws of NEM Holdings Corporation, the general partner of NEM Family Limited Partnership, the Assignments and accompanying Quitclaim Deeds, and the Lease. All appear to be in order. The Redevelopment Agreement requires the Redeveloper obtain the consent of the EPA to any transfer of the property. The EDA cdteda are whether the proposed transferees have the qualifications and financial responsibility necessary to perform the obligations in the Redevelopment Agreement, and whether the transferees assume all of the obligations under the Redevelopment Agreement. (cont'd.) MOTION BY SECOND BY TO:' Review: Administration:. Finance: [I RFA-O01 ~ Request for Action Page 2 12-8-97 As for the first issue, now that construction of the project is completed, the Redeveloper has minimal financial obligations remaining under the Redevelopment Agreement. In addition, by law the assignors, Gill Brothers Funeral Chapels, Inc. and Neil McGraw individually, will still be obligated to the EDA for the performance of the Redeveloper's duties. As for the second item, the Assignment and Assumption documents clearly require the assignees to assume all of the obligations and liabilities of the assignors. If the EDA agrees to consent to the transfers, the enclosed Resolution Approving Transfer of Ownership of Gill Brothers Funeral Home can be passed. Staff recommends approval of the resolution. REQUF T FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent " 12-8-97 Kirk McDonald ' By:. Item No. By:. Management Assistant ' 6.22 RESOLUTION APPROVING PERSONAL/PR~)FESSIONAL SERVICE CONTRACT NO. HCA04548 WITH HENNEPIN COUNTY DEPARTMENT OF TRAINING AND EMPLOYMENT ASSISTANCE .. (IMPROVEMENT PROJECT NO. 625) The attached contract with the Hennepin County Department of Training and Employment''Assistance relates to the Enterprise Facilitation Program which was approved by the EDA at the November 24 " Council meeting. The agreement states that New Hope will act as the fiscal agent for the program, accept the revenues from Hennepin County, Metro HRA and the City of Crystal, and distribute the expenses for the program. As you will recall, each of the four participating parties are contributing $15,000 for the first year of the program. This contract accepts the $15,000 from the Hennepin County Department of Training and Employment Assistance. The agreement is effective from December 1. 1997, to November 30, 1998. The contract has been reviewed by the New Hope City Attorney and the Director of Finance and Administration. Once the agreement has been approved by the City Council, it will be presented to the Hennepin County Board for approval. Staff recommend approval of a resolution approving the contract and authorizing execution of the agreement by the Mayor and City Manager. MOTION BY SECOND BY " TO: Review: Administration: Finance: RFA-O01 ~  COr. y'NCIL ~ REDDEST FOR ACTION Originating Depaztment Approved for Agenda Agenda Section City Manager Consent 12-8-97 Kirk McDonald ~ '~ Item No. By: Management Assistant By:.U/ 6.23 RESOLUTION APPROVING AGREEMENT BETWEEN THE CRYSTAIJNEW HOPE COLLABORATIVE AND SIROLLI INSTITUTE (IMPROVEMENT PROJECT NO. 625) At the November 24 Council/EDA meeting, the Council approved the City's participation in a collaborative project with Hennepin County, Metro HRA and the City of Crystal, known as the Enterprise Facilitation Program. The program is based on a concept developed by the Sirolli Institute and the first year of the budget includes $;15,000 to be paid to the Sirolli Institute for the implementation of the program, including the training of board members and the facilitator who will be working with local businesses. The enclosed agreement is between the Sirolli Institute and the Crystal/New Hope Collaborative and the agreement expresses the desire of the two cities to engage the Sirolli Institute as a professional consultant to insure the successful implementation of the Enterprise Facilitation Program. The agreement includes a scope .of the services to be performed by the Sirolli Institute, which include the following: · Initial fundraising presentations to vadous funding sources and technical support to explain the Enterprise Facilitation model. · Steering committee development and training, including a full-day training course for all steering committee (board) members. · Assistance in hidng an enterprise facilitator, including assistance in advertising, screening and selection. · Training of enterprise facilitator. · On-going implementation support and troubleshooting. · Community certification. Staff recommends approval of the enclosed resolution which approves the agreement. MOTION BY SECOND BY Review: Admtntst~tton: Finance: I COUNCIL ~ Originating DePment Approved for Agenda ~ Agenda Sect/on ueveTopment City Manager & Planning ' 12-8-97 Kirk McDonald Item No. By:. Management Assistant By:. i 8. l. / PLANNING CASE 97-23, REQUEST FO/R COMPREHENSIVE SIGN PLAN APPROVAL, 52al WINNETKA AVENUE NORTH, RAS PROPERTIES, PETITIONER The petitioner is requesting Comprehensive Sign Plan approval, pursuant to Section 3.467 of the New Hope Sign Code. RAS Properties has purchased the large office/warehouse building located at 5201 Winnetka Avenue North, which was previously owned by Ben Franklin Warehouse. The r~ew owners have converted the building from a single occupancy to a multi-tenant occupancy. The building is being occupied by four different tenants and "Exhibit C" shows where each tenant occupies space in the building, to be known as the Winnetka Business Center. The four tenants include: Tenant #1 - Murpl~y Warehouse; Tenant #2 -_Minnesota Funding; Tenant #3 - Dedicated Logistics; and Tenant ~ - Generat Mills. The purpose of this application is to place signs on the property identifying the current tenants/companies that are occupying the building. This property is zoned I-I Limited Industrial District and the existing building ,contains 291,835 square feet. The property contains 549,485 square feet or 12.614 acres. The New Hope Sign Code states that "when a single principal building is devoted to two or more businesses, or industrial uses, a comprehensive sign plan for the entire building or shopping center shall be submitted. The effect of said comprehensive sign plan is to allow and require the owner of multiple occupancy structures to determine the specific individual sign requirements for the tenants of his building. As sign locations and size, etc. may be of some significant importance in lease arrangements between owner and tenant, it is the City's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility to deal with his individual tenants on their specific sign needs." (cont'd.) ,'viOTION BY SECOND BY ,, TO: Review: Admtntstratton: Finance: ,, I II I RFA-O01 Request for Action Page 2 12-8-97 Ground Sign The petitioner ~s proposing to utilize the existing freestanding illuminated ground sign in the front (east side) of the property which is the original Ben Fran~(lin sign. This consists of two ground signs on the existing single post identified as 'A' on the survey. One sign is 4'6" x 9' or 41 square feet and one sign ~s 2' x 8' or 16 square feet. The two signs equal 57 square feet and are under the 75 square feet the Code allows. The signs are 17'3" in height. The sign would remain as is with regards to the existing size. This sign would have only the name of the building on it and the address. No tenant names would be used. The sign is located 20 feet from the property line. The ground sign complies with the Sign Code area height and setback requirements. Wall Sians The petitioner is proposing to install four business identification wall signs on the front (east) wail, one per tenant; each with a maximum of 100 square feet. Code allows 100 square feet. per tenant. Exact wail sign locations are shown on the building elevation. The wall signs would be constructed of metal or wood and have vinyl or plastic letters. The signs would not be painted or illuminated. The petitioner indicates that they will approve all tenant signage to make sure the wall signs are of uniform size and structure. The addresses of the tenants would be 5201, 5211, 5221 and 5231 Winnetka for the tenants shown on "Exhibit A" as tenants 1, 2, 3 and 4. The wall signs comply with the Sign Code requirements. The Planning Commission considered this request at its December 2 meeting and recommended approval. Staff recommends approval of the resolution. R, EQUF. T FOR ACTION Originating Depa~Lu,ent Approved for Agenda Agenda Section Public Works /,,~ 12-8-97 Development & Planr~ing Item No. By:. Jeannine Clancy By:. 8.2 PRESENTATION REGARDING PROPOSED 42"4 AVENUE STREE'I'~INTERSECT1ON IMPROVEMENTS; MOTION AUTHORIZING STAFF TO PROCEED WITH STREETSCAPE DESIGN ACTIVITIES (IMPROVEMENT PROJECT 547) The purpose of this request for action is to update Council on staff's work effort relative to the 42n~ Avenue project and to request authority to proceed with landscape design services and schedule adjustment. Back.qround: The proposed improvement of 42~ Avenue includes the following: · Widening 42~ Avenue between Winnetka and Xylon Avenues to create a center turn lane · Improvement of the traffic signal at 42~ and Xylon Avenues to create dedicated left turn lanes for east and westbound traffic · Construction of a dght turn lane for eastbound 42" at Winnetka Avenue · Overlay of the existing street surface · Improvements to the existing storm sewer system · Improvements to the existing water main · Placement of overhead utility lines underground · Installation of street lighting · Coordination with Gethsemane Cemetery for PrOPosed landscaping and ddveway improvements. · Coordination with School District 281 for landscaping previously considered at the southeast comer of the intersection of Winnetka and 42~ Avenues. r MOTION BY SECOND BY TO: P,e~tew: Admin/stratton: Ftnance: II RFA-OO! ~ Request for Action Project 547 December 8, 1997 Page 2 Landscape Architect Selection In September, the City Council adopted a resolution directing staff to proceed with project related activities. Staff was asked to select a landscape architect who would be ~art of the project design team. This person would be responsible for creating a master ~lan for t~e streetscape improvements in the City Center area. In addition, the landscape architect would develop plans for phase one of the project which includes 42~ Avenue (Winnetl(a to Boone Avenue) and Xylon/45= Avenue (42n= to 45= Avenues). Staff prepared a request for proposal and solicited information from nine firms. Five firms submitted proposals to the city. City staff including the Contract Manager, Director of Public Works, Management Assistant, and the City Engineer reviewed the proposals and selected the following firms to participate in an interview process: Sanders Wacker Bergly · Dahlgren, Shardlow & Urban · BRW After the completion of the interview process, staff visited several streetscape projects to verify the design developed by the landscape architects. Baaed on the proposal, cost, and design aesthetic, staff is recommending that Dahlgren, Shardlow, and Uban (DSU) be selected for the project. DSU's proposed scope of work includes the following tasks: 1. Develop a master plan for the project. The project area includes: · 42" Avenue between Gettysburg and Louisiana Avenues ' ' · Xylon/45~' Avenue between 42"~ and Winnetka Avenues · Winnetka Avenue between Quebec and 45~ Avenues · May include recommendations for tying the business districts on 36~'/VVinnetka and Medicine Lake Road/Winnetka to the City Center area. 2.. Attend approximately four meetings with neighb0rflood groups and monthly project team meeting~. 3. Develop construction plans for phase one of the project. Phase one of the project which inctude~ 42~ Avenue (Gettysburg to Winnetka Avenues), and Xylon145~' Avenue (42"~ to Winnetka Avenues). 4. Provide ongoing construction services. 5. Provide cost estimates for the project at two phases of the design development. A complete copy of the proposed contract with DSU is attached. It is proposed that DSU contract with Bonestroo Rosene Andertik and Associates so that the responsibility for developing the plans and specifications to an acceptable level of design detail remains with the City Engineer. The cost of DSU's services is $56,483. Request for Action Project 547 December 8, 1997 Page 3 Street. scape Advisory Group Staff is also suggesting that a Streetscape Advisory Group be formed to obtain input for the master plan. Staff feels that it is very important for the adjacent property owners to take ownership of the landscape improvements that may be built as a result of this project. The advisory group could consist of representatives from the following ~troups: · City Council · Staff · Planning Commission and Citizen Advisory Commission -- · Property owners · Business Owners It is recommended that this group be no larger that 10 to 12 people. Assessments Staff has met with the city's consulting appraiser, Mr. Brad Bjorklund, to discuss whether or not this project could be assessed. Mr. Bjorklund suggested that only a portion of the improvements could be assessed. The proposed assessments would be set forth in the feasibility report. Funding Sources This project is proposed to be funded through the following sources: · New Hope's allocation from the Municipal State Aid program · Joint Water Commission · Hennepin County (for improvements to 42" Avenue) · Proceeds from Tax Increment Distdct #8 · Road and Bddge fund Schedule Staff is recommending the following revised milestone schedule: Streets, ape Design Meeting December 1997 Complete Master Plan Development March 1998 Conduct Neighborhood Meetings March 1998 Present Feasibility Report to Council April 1998 Begin Construction Spdng 1999 Complete Construction September 1999 This proposed schedule delays the project by one year. Staff is recommending this delay in order to allow for the development of the streetscape plan which includes neighborhood involvement, and to allow adequate time for development of plans and specifications. Request for Action Project 547 December 8, 1997 Page 4 County Funding If Council agrees to the revised schedule, staff will formally request that Hennepin County delay funding of the project for one year. County transportation staff is supportive of this idea although delay of the project does require approval by senior county administrative staff. Staff requests that the following motion be made: "Motion directing staff to proceed with contract negotiations for design services with Dahlgren, Shardlow & Uban,, and to formally request that Hennepin County reschedule the project for 1999." COUNCIL ~ Originating DepaxU~ent Approved for Agenda ~da SecUon Public Wor~s ~ 12-8-97 Development a Planning Jeannine Clancy ~ 8.3 / PRESENTATION REGARDING 36~ AVENUE (WINNET~ AVENUE TO TRUNK HIGHWAY 169); MOTION TO DIRECT THE CI~ ENGINEER TO PREPARE A CONCE~T REPORT The Capital Improvement Program included reconstm~ion of 36e Avenue (~nnetka Avenue to T~nk Highway 169)in 1999. If Council delays const~ion of 42"" Avenue until 1999, staff recommends that the 36~ Avenue proje~ also be delay~ one year in order to minimize traffic impacts on east-west streets. The 1998 sealcoat program includes all Municipal State Aid streets. Staff needs to make a decision as to the level of maintenance of this so.ion of 36e Avenue. In order to make this decision, it is recommended that a surface evaluation of the street be completed by Braun Inte~ec. It is fuAher recommend~ that a concept repo~ be developed to address the following issues: · The cross so.ion of the street. Discussion n~s to occur as to whether the street should remain at its cu~ent width or be widen~ to four lanes. In addition, issues such as the pa~ing lane and pmpos~ bike lanes n~ to be addressed. · The level of se~i~ at the intem~ion of Boone and 36~ Avenues. Discussion needs to occur as to whether the inteme~ion should remain a four way stop or if a traffic signal should be installS. · Dis~ssion r~arding whether or not the ove~ead ele~dc should be buded, in the ev~ that the street is widenS. M~ON BY SECO~ ~ ~: ~~uon: F~e: I III ~A-~I ~ Request for Action 36"' Avenue Concept Report December 8, 1997 Page 2 · Discussion regarding the proposed pedestrian walkway at Trunk Highway 169. · The extent ofwatermain replacement. · The extent of stormwater ponding improvements. If Council authorizes the concept report, the City Engineer estimates that the report could be completed in late January, 1998. Staff requests that the following motion be made: ~'Motion to direct the City Engineer to pret=are a concept report for 36= Avenue (VVinnetka Avenue to Trunk Highway 169)." COUNCrL ~ Originating Dependent Appm~d for ~enda ~ ~enda Sec~on ueveToome~ City Manager & Planning 12-8-97 Kirk McDonald ~tem ~o. ~: Management Assistant ~ 8. ~ RESOLUTION AWARDING CONTACT FOR THE BUILDING REHABILITATION AT 9116 3~s~ AVENUE NORTH (IMPROVEMENT PROJECT NO. 589 At the October 13 Council meeting, ~he Council approved plans and specifications far ~he rehabilitation af the Ci~-owned home at 9116 31~ Avenue No~h and authorized staff to adve~ise for bids, Bids were opened on November 3 and only one qualified bid was received in the amount of $73,925,00. from Anion Construction, Inc. Staff felt that the bid was too high, as the o~ginal budget amount for the rehabilitation was $50,000.00. At the November 10 Council meeting, ~he Council reje~ed all bids. Staff revisea the plans and specifications to reduce the amount of wo~ to be completed, and at the same meeting, the Council approved the revised plans and specifications and authonz~ re-adve~isement for bids. Bids for the revised plans were open~ at the New Hope Ci~ Hall on De.tuber 1, and although requests to pa~icipate in the bidding were mailed to ten contra~om, only one bid was received, as follows: Contractor Base Bid Sco~ Cooper, Flag Builders $59,200.00 City staff have review~ the bid and find it to be acceptable. Although the bid is Sg,000.00 over what= was originally estimate, staff f~is that the selling p~ of the home (on~ the rehabilitation is complete) can be increas~ by Si.0,000.00 (~om $95,000.00 to $105,000.00 - see aEached budget) ta account for the increase in mhabilitaaon costs. Flag Buildem has complet~ a number of rehabilitation projects for the Ci~ in t~e past and staff have been pleas~ with the quali~ of the wo~. The plans and sp~fi~aons also includ~ seven alternates. At this time, staff is recommending that only the base bid be a~pt~ and that none of the alternates be ac~pt~. If, du~ng the course of the rehabilitation, s~ff hoe a n~ to consider the alternates, they will ~ brought back to the Council for consideration in the fo~ of a change order. .. (cont'd.) M~ON BY SECO~ ~ ' TO: Request for Action Page 2 ! 2-8-97 The property at 9116 31'~ Avenue has been vacant for several months now. The storm drainage improvements have been completed and tree removal to accommodate the rehabilitation v/as just completed. Staff wants to get.this project underway and requests that the Council give favoral:}le consideration to the bid received. Staff recommend approval of the resolution awarding the contract for the rehabilitation at.9116 31" Avenue North to Flag Builders in the amount of $59,200.00. I EDA RE UF, ST FOR ACTION Originating Department Approved for Agenda Agenda SectJon City Manager ~-- EDA ./ 12-8-97 Item No. By: Mana(:,lementKirk McDonaldAssistant / RESOLUTION AUTHORIZING CERTIFICATE OF COMPLETION FOR REDEVELOPMENT PROJECT 85-2 (IMPROVEMENT PROJECT NO. 523) - The enclosed resolution authorizes the Certificate of Completion for the Gill Brothers Funeral Chapels, Inc. development at 7300 42" Avenue North. As you are aware, the property was to be improved by the developer with the construction of a funeral home with tax increment financing assistance by the EDA. After completion of the project, the agreement requires the developer to provide the EDA with a Certificate of Substantial Completion from the architect and a certificate certifying that certain costs have been paid. The developer has provided both of these items to the EDA and they are attached as Exhibits A and B. After receipt of the documents, the agreement calls for the EDA to furnish the developer with a Certificate of Completion. The attached resolution accepts these documents and authorizes the President and Executive Director of the EDA to execute the Certificate of Completion, which will allow Gill Brothers to begin collecting reimbursement of the certified costs. Staff recommends approval of the resolution. / P~vt~w: Admlnts~aUon: Finance: RFA-O01 / I I III I II I COUNCIl. ~ REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent ]~ 12-22-97 Kirk McDonald Item No. By.' Management Assistant By:. i 6.5 / MOTION APPROVING QUOTE FOR "A/S IS" MARKET VALUE APPRAISAL FOR CITY-OWNED PROPERTY AT 5212 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 573) Work is neadng completion on the City-owned single family home rehabilitation project at 521;2 Winnetka Avenue North. All that remains to be completed are punch list items. The next step in the p'rocess is to have an "As Is" Market Value Appraisal completed for the property. This will be the basis for estal3tishing the selling price and take into account all of the rehab work that has been completed. Staff have received two quotes for the appraisals, as follows: Firm Quote Herman Appraisal Services, Inc. $350.00 BCL Appraisals $350.00 Both firms submitted a similar quote. BCL Appraisals' quote is based on a turn-around time of two weeks and Herman Appraisal indicates the appraisal would be completed in three weeks. Due to the fact that staff wants to keep this process moving as rapidly as possible, staff is recommending having BCL Appraisals complete the work. Staff recommends approval of a r~otion approving the quote for an ~As Is" Market Value Appraisal for 5212 Winnetka Avenue North submitted by BCL Appraisals in the amount of $350.00. MOTION BY SECOND BY -- TO: ~ , · '" Review: Axlmlntstratlon: Finance: I II I RFA-O01 ~ II CO~ ~ REQUEST FOR ACTION O~lnating Department Approved for Agenda Agenda Section City Manager Consent ,~ 12-22-97 Kirk McDonald Item No. By:. Management Assistant By:. 6.6 / MOTION APPROVING QUOTE SUBMITTED BY 'HY-LAND SURVEYING FOR BOUNDARY SURVEY! OF 5629 WISCONSIN AVENUE NORTH (IMPROVEMENT PROJECT NO, 512) In conjunction with the purchase of 5629 Wisconsin Avenue North for the City's scattered site housing rehabilitation program, staff is requesting approval to have a boundary survey of the property completed that would include corner elevations and improvements. The intent of purchasing the property is to demolish the existing single family home on the site and construct a new home. A survey is needed for planning purposes to determine the structure size that the lot would accommodate and to identify easements. Staff obtained quotes on boundary surveys for the property, as follows: Firm Quote Hy-Land Surveying $475.00 Media & Associates $575.00 Lot Surveys Company $550.00 Staff recommends approval of a motion accepting the quote from Hy-Land Surveying, the Iow quote, to perform the survey. The survey will be paid for with CDBG funds. MOTION BY SECOND BY TO:' Review: Administration: · , Finance: I RFA-O01 ~ REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent ~ 12-22-97 Kirk McDonald / ~/ Item No. Ely: Management Assistant B~. /~ ' 6.7 -- -- ACCEPTING RESOLUTI°N EASEMENT FROM ENGELSMA LIMITED PARTNERSHIP FOR WATER MAIN IMPROVEMENT RELATING TO AMBASSADOR NURSING HOME PROJECT (PLANNING CASE NO. 96-17) Per the attached correspondence from the City Attorney, the City has been in protracted negotiation with Engelsma Limited Partnership concerning the easement. Engelsma is the ownership group related to Kraus-Anderson Realty Company, the management firm operating the Midland Shopping Center. This easement was needed to construct the new water main that resulted in a 'looped system" when improvements were made to the Ambassador Nursing Home under New Hobe Planning Case No. 96-17. The delay in obtaining the easements from Engelsma Limited Partnership related to a disagreement concerning use of the easement area by the shopping center, and an indemnification and hold harmless clause requested from the City by the Partnership. The City Attorney resolved the use issue and agreed to provide the indemnification and hold harmless clause. Per the City Attorney, ~as a practical matter, neither issue will have any significant impact on the day-to-day operation of 'the center in that the location of this easement is on the west property line behind the buildings with little or no use made of the area by the center's occupants. Also, the liability the City exposes resulting from the indemnification and hold harmless agreement is insignificant given the fact that this is an underground water easement. Also, any liability is fully covered by the City's insurance coverage with the LMCIT," Staff recommends approval of the resolution. MOTION BY SECOND ~ TO: Review: Admtn/st~tton: ,~ , Ftnance: / REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent 12-22-97 Kirk McDonald Item No. By: Management Assistant ~ 6.9 MOTION APPROVING UTILIZATION OF EVERGREEN LAND SERVICES COMPANY FOR RELOCATION SERVICES FOR IMPROVEMENT PROJECT NOS. 612 AND 613 As the City proceeds to acquire the single family rental property at 5629 VV~sconsin Avenue North and the four-unit apartment complex at 7621 62"" Avenue North, the City must comply with the Uniform Relocation Act. Staff is requesting to utilize the professional services of Evergreen Land Services Company for these relocation services. Evergreen has already 'provided relocation market stuc~y estimates to the City for these properties and is familiar with both properties. Staff has found their services to be accurate, complete, financially competitive and delivered on time. As a professional service, these services do not require bidding or the solicitation of quotes, per the City Attorney. Evergreen has Provided the attached cost estimate for relocation services for these two properties. The proposal ranges from a minimum of $2,000 to a maximum of $3,500 depending on the extent of services that are necessary. The work that Evergreen will perform for .the City is as follows: 1. Initial meeting with City staff to discuss project coordination and procedure& meetings with each owner and occupant to provide written general information on relocation benefits, documentation requirements, and the process applicable to each of their situations. 2. Researching for comparable replacement housing/referrals for the residents; preparing the comparable analysis which sets maximum payment limits for replacement housing payments. 3. Preparing the required Notices of Eligibility for Relocation Assistance and 90-day Notices to Vacate per the relocation regulations, for City staff's review and signature. 4. Assisting the occupants in identifying and documenting eligible, reimbursable relocation costs and confirming the submitted costs are reasonable and necessary per the regulations. MOTION BY SECOND BY Review: Admlnlst~tion: Finance: Request for Action Page 2 12-22.~ 5. Preparing claims for relocation payment and making recommendations to the City regarding the eligibility of relocation benefits requested by the occupants. 6. Throughout the project, addressing questions and concerns of the occupants, and advising the occupants of their rights and obligations in the relocation process. 7. Throughout the project, reviewing the project/relocation status and reviewing any questions and concerns of the City staff. Staff recommends approval of a motion approving the utilization of Evergreen Land Services Company for relocation services for Improvement Project Nos. 612 and 613. REQITEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent 12-22-97 Kirk McDonald Item No. By: Management Assistant ~ 6. ~.0 RESOLUTION APPROVING METROPO~TAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT AND AUTHORIZING EXECUTION BY MAYOR AND CITY MANAGER (GRANT NO. SF-97-140-E/PLANNING CASE 97-22) in July 1997 staff requested, and the City Council authorized, New Hope's participation in a joint-city submittal of a Local Planning Assistance Grant application for the preparation of a joint-city Life Cycle Housing Study. Tl'ie study, initiated by the North Metro Mayors Association and to be completed by the consulting firm of Nancy Reeves and Associates, will be used by the cities to determine their future housing needs for inclusion in the update of the Comprehensive Plan. The City was notified in August that the joint-application had received a grant in the amount of $7,500, or $1,500 for each of the five participating cities. Although this is lower than the requested amount, it will assist in reducing the amount of City funds needed to update the plan. Met Council has recently forwarded the enclosed grant agreement for execution,-The agreement describes the funding disbursement schedule, progress reporting requirements, accounting and records, audit procedures and the authorized use of funds. The agreement has been reviewed by the City Attorney. Staff recommend approval of a resolution approving the agreement and authorizing execution by the Mayor and City Manager. MOTION BY SECOND BY TO:- Review: Administration: Finance: RFA-O01 ~ · ~ COUN~., ~ REQUEST FOR ACTION ~ Originating Department Approved Agenda Agenda for Section City Manager Coast, nc ~ 12-22-97 Kirk McDonald ,~ ,/ Item No. By: Management Assistant By:./~ 6. [6 RESOLUTION APPROVING PURCHASE//OF 5629 WISCONSIN AVENUE NORTH (IMPROVEMENT PROJECT NO. 612) In September, the City was contacted by the owner of the property located at 5629 Wisconsin Avenue North. In his letter, the owner stated his intent to sell his property in the spring, and inquired if the City was interested in discussing the purchase of his property. The owner does not currently occupy the property, and staff had knowledge that the house had been rental property for many years. The property has a long history of zoning and housing code violations including illegal storage of vehicles, excessive garbage, etc. As a result of receht complaints, the General Inspector completed an inspection on August 13, 1997. The Inspector noted several items in need of repair to meet minimum housing standards. Other major repairs needed to bdng the house into code compliance include reroofing, replacing the driveway, windows, and tnm on the house and garage, repairing and painting the siding. The properties surrounding this house are in good condition, and this property is a detriment to the neighborhood. Staff indicated an interest in potentially acquiring the property, demolishing the structure and constructing a new single family home. There is a single-family house and single-car detached garage located on the property. The home is approximately 832 sq. ff. finished, with no basement. The lot area is approximately 13,500 sq. ft. The assessed value of the property is $58,000 ($23,500 land/S34,500 building). The home was built in 1949. The property is located within an R-1 Single Family Residential Zoning District, and is surroundecl by R-1 Residential properties to the north, east and south and R-4 High Density Residential to the west. In October the City Council authorized staff to obtain an appraisal of the property. The Fair Market Value of the property was estimated at $57,000, per the appraisal. Staff met with the property owner, explained the intent of purchasing the property, and negotiated to purchase the property for $45,000 (with the property owner agreeing to make a $12,000 donation to the City). Staff indicated that we did not feel the Council would be agreeable to paying the estimated market value for the property due to the fact that the existing house would be demolished. (cont'd.) MOTION ElY SECOND BY 'TO: Review: Admlnls~tlon: Finance: I RFA-O01 ~ Request for Action Page 2 1 The City Attorney has prepared the enclosed resolution and purchase agreement for the acquisition ~ the property in the amount of $45,000. The property purchase would be funded with CDBG $catterect site housing funds. If approved, staff would proceed with plans for demolition and return to the Council with new construction plans and project budget options. Also, due to the fact that the property is currently occupied by a tenant, the City Attorney. has intricated that the City must comply with the Uniform Relocation Act and pay relocation expenses. Per the attached relocation estimate, the total estimated cost for relocation is $2,598. The property owners $12,000 donation to the City would be used to off-set the relocation expenses. Staff recommends approval of the resolution. I REQUF T FOR ACTION Originating Depari~uent Approved for Agenda _ Agenda Section ueve~opment City Manager & Planning 12-22-97 Kirk McDonald Item No. By: Management Assistant By:. RESOLUTION APPROVING PURCHASE OF 7621 62ND AVENUE NORTH (IMPROVEMENT PROJECT! NO. 613) At the October 13 City Council meeting, staff requested and the Council authorized an appraisal of the multiple family dwelling located at 7621 62nd Avenue. The request was made in response to correspondence the City had received from the owner of the four-plex stating that it was their intention to sell the property and inquiring if the City had an interest in the property. The building has four two- bedroom apartments and was constructed in 1960. The Inspection's Department has indicated that the building is in deteriorating condition and would require substantial rehabilitation. Staff indicated an interest in potentially acquiring the property, demolishing the building and land banking the site for combination with other adjacent parcels for future redevelopment purposes. The south side of 62"= Avenue between West Broadway and Sumter Avenue has been identified by the Council as a potential future redevelopment area. The block has also been included in an area where tax increment financing funds from other districts can be utilized. It is a non-TIF generating property eligible for TIF expenditures. Staff indicated that it was probable that relocation benefits would have to be paid if the City acquired the property. The appraisal of the property was completed. The current market value of the property (tax book listing), the appraised value ("fair market value") and the seller's asking price are listed below: Current Market Va!ue = $117,000 ($26,000 land & $91,000 building) (Proposed January 1997 Value for taxes payable in 1998) Original Appraisal Fair Market Value = $127,000 Owners Asking Price = $139,900 (cont'd.) MOTION BY ~ , SECOND BY , Review: Administration:. Finance: " RFA-O01 ~ Request for Action Page 2 12-22-97 At the November 10 Council meeting, staff presented this information to the Council and requested authorization to negotiate with the property owner for the potential acquisition of the property. Staff indicated that if an agreement was reached to purchase the property that staff would be requesting authorization to obtain the services of a relocation expert to assist the City with relocation matters. The Council authorized staff to proceed with the negotiation and requested that staff report back with approximate costs for relocation benefits. Staff met with and had several discussions with the owners of the building. The owners pointed out several inequities in the original appraisal and staff sent the appraisal back to BCL for revision. The revised Fair Market Value Appraisal of the property is $132,000. Staff has negotiated a purchase agreement with the property owner for $133,500, subject to Council approval. Staff also requested that a relocation specialist complete a market study of relocation benefits and said study is attached. The City is fortunate in the fact that only two of the four apartments are presently occupied so relocation benefits will only have to be paid to two parties. Total estimated cost of the relocation expenses is $10,498. This expense would be double if the other two units were occupied, therefore, staff feels that the purchase price, which is $1,500 over the appraised price, is justified. The City Attorney has prepared the enclosed resolution and purchase agreement for the acquisition of the four-unit apartment complex in the amount of $133,500. The property purchase would be funded with Tax Increment Financing funds. If approved, staff would work with the relocation specialist to relocate the tenants as soon as possible and proceed with plans for demolition of the building. Staff recommends approval of the resolution. I COUNCIL RE{]UF. T FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent Kirk McDonald Item No. By:. Management Assistant B~. 6.10 RESOLUTION ACCEPTING RESIGNATIO~ OF RICHARD STULBERG FROM' THE NEW HOPE PLANNING COMMISSION AND EXTENDING APPRECIATION FOR HIS SERVICE Rick Stulberg has informed the City that he is resigning from the Planning Commission to''pursue new challenges in his career. Stulberg was appointed to the Planning Commission in September 1994 has served on the Commission for over three years. Besides serving on the Commission, Rick also served as a member of the Codes & Standards Committee, which is a subcommittee of the Planning Commission that studies changes to the Zoning Code and Sign Code. Several of the more significant ordinances that were developed and/or revised during Rick's tenure include the regulation of commercial recreational facilities (billiard halls), front wail signage for single occupancy industrial/commercial buildings, licensing regulations for tattoo businesses, parking requirements for shopping centers, regulation of antenna towers, zoning and licensing or pawn shops, and lot coverage requirement for I-1 Districts. The attached resolution accepts Stulberg's resignation and extends appreciation for his years of service on the Commission. Staff recommends approval of the resolution. MOTION BY SECOND BY i- TO: Review: Adminlst~t~n: Finance: RFA-O01 I/E I . T FOR ACTION Originating Department Approved for Agenda Agenda SecUon City Manager Consent By:.f 1-12-98 Kirk McDonald Item No. By:. Management Assistant 6.11 RESOLUTION ACCEPTING RESIGNATION OF JAMES DAMIAN! FROM THE NEW HOPE PLANNING COMMISSION AND EXTENDING APPRECIATION FOR HIS SERVICE Jim Damiani has informed the City that he is resigning from the Planning Commission to pursue r~ew challenges in his career. Damiani was appointed to the Planning Commission in March 1995 and has served on the Commission for almost three years. Besides serving on the Commission, Jim also served as a member of the Design & Review Committee. which is a subcommittee of the Planning Commission that reviews plans for industrial/commercial building expansions and/or new building projects. Several projects that were completed during Jim's tenure include expansions at Industrial Tool, Universal Color, Taber. Bushnell, Pro Engineering, Ambassador Nursing Home, Liberty Diversified, and the Ice Arena and Public Works facilities and new construction for Gill Brothers Funeral Chapel and two projects for Hoyt Development. The attached resolution accepts Damiani's resignation and extends appreciation f~r his years of service on the Commission. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ Orlginaf. tng Department Approved for Ageada Agenda Section City Manager Consent Kirk McDonald I ~-12-98 Item No. By:. Management Assistant By:./,/ ,. 6.12 RESOLUTION APPROVING AGREEME~I' WITH EVENTS OF DISTINCTION TO ASSIST WITH, COORDINATION OF 1998 NORTHWES~SUBURBAN REMODELING FAIR (IMPROVEMENT PROJEC, NO. 514 The five CO-OP Northwest Cities (New Hope, Crystal, R0bbinsdale, Brooklyn Center, Brooklyn Park) and Plymouth again desire to join together with Northwest Hennepin Human Services to sponsor ~he annual. "Remodeling Fair" to encourage homeowners/residents to upgrade/remodel existing I~omes in our cities. The 1994, 1995, 1996, and 1997 Remodeling Fairs were very successful with 70 exhibitors and approximately 2,000 attendees. This year the Fair is scheduled to be held on Saturday, April 4, at the Crystal Community Center on Douglas Drtve. The objectives of the NW Suburban Remodeling Fairs are to provide homeowners with: I) remodeling ideas/techniques; 2) advice on working with remodeling professionals; 3) information on City requirements; 4) financing alternatives/programs by local banks; aha 5) examples of interesting remodeling projects. The Remodeling Fair will include exhibits provided by professionals in the field of remodeling and home improvements and workshops that provide information/advice on various remodeling and home improvement topics. The Police, Fire and Building Inspections Departments from the six cities will also have informational booths at the Fair. Staff from the six cities will be responsible for a majority of the tasks associated with the Fair including exhibitor registration/confirmation/booth assignment, marketing, facility set-up, and refreshments. The six cities again desire to hire a consultant to assist with the planning/scheduling of workshops and the solicitation/procurement of door prizes from exhibitom, Staff from the six cities desire to enter into an agreement with Eventa of Distinction, the same consultant that has been used the last several years, for these services. Events of Distinction has submitted a quote in an amount not to exceed $2.300 to perform these tasks (increased slightly from 1997). This firm does an excellent job coordinating with tl~e cities on the Fair and their pdce is considerably less than quotes submitted by other consultants in cnor years. (cont'd.~ MOTION BY SECOND BY , TO:' Review: Administration: · Finance: I RFA-O01 ~ Request for Action Page 2 1 - 12-98 New Hope is again coordinating the registration for the Fair and the receipt/disbursement of revenues/ expenses for the Fair; therefore, this agreement needs to be approved by New Hope even though it is addressed to Crystal. It is anticipated that the~e will be no cost to the cities to host the Fair, as the income denved from the sale of booths for exhibits pays for advertising and consultant expenses. The enclosecl resolution approves the Letter of Agreement with Events of Distinction to assist with the coordination of the 1998 Northwest Suburban Remodeling Fair and staff recommends approval of the resolution. O~m~g DepoSit ~p~ for ~e~ ~da ~Uon Public City Manager ~ Hea~na ' Kirk McDonald ~ Management Assistant B~// , 7. I PUBLIC H~RING/ORDINANCE NO. AN ORDINANCE ESTABLISHING A HOUSING IMPROVEMENT AR~ FOR THE SAND~PER COVE TOWNHOME DEVELOPMENT, PURSUANT TO MINN. STAT. ~428A (IMPROVEMENT PROJECT NO. 600) BACKGROUND This is a public heanng continued from previous m~tings to consider the adoption of an ordinance establishing a Housing Improvement Area for the Sandpiper Cove Townhome Development (Improvement Project no. 600). At the June 9, 1997, Council/EDA meeting, staff discussed the option of the Ci~ establishing a Housing Improvement Area to provide financial assistan~ to upgrade ~he exterior of these prope~ies. Sandpiper Cove is a townhouse development Io~t~ at 8101-8953 42"* Avenue ~hat contains 36 owner-occupied townhomes. ~e complex is 20 yearn old and there are significant exterior deterioration problems. ~e association has sought prelimina~ bids from contra~om who estimated at least $350,000 is ne~ to make siding, deck, window, and other improvements. They approached the Ci~ for assistan~ because, as a townhouse association consisting of individual owners, they have been rejected by several banks for loans to make the ne~ improvements. At that meeting, ~he City AEorney outlined new legislation and pro~dures to initiate a program where the Ci~ could assess ~he benefiting prope~ies similar to a special assessment proje~. ~e EDA was generally receptive to idea and directed staff to proce~ with the preparation of an ordinance. A public headng was open~ at ~e July 28 Council meeting to consider this ordinance and the public . hearing was tabl~ because ~e association had not yet had an engineering analysis completed determine the specific improvements that ne~ to ~ made to the profiles. A description of the necessa~ improvements must ~ ident~ in the ordinance. The public headng was tabled until August 25, October 13, Novem~ 10, D~m~r 8 and Janua~ 12 because the hidng of a consultant and me 'completion of t~ e~in~d~ analysis was taking longer than anticipat~ by the association. The townhouse as~~ ~ndu~ a m~ting in November where approximately 70 percent of the home- ownem were pm~ and ~ere was a unanimous vote to proce~ with the proje~ and to contract with an engineer to prepare detail~ cost estimates. M~ON BY S~CO~ ~ TO: .... Request for Action Page 2 ~-' g8 ; UPDATE The enclosed Overwew Specification and budget estimates were submitted to the City in December anc~ are in the process of being reviewed by the appropriate inspection personnel. Note that the total estimated costs of the ~mprovements has increased to almost $600,000 and does not include the 15 percent that the City would add on for legal, financial and administrative costs. The approval of the ordinance establishing the Housing Improvement Area does not constitute approval of the specifications, as staff wants to have the opportunity to recommend changes before the specifications are finalized. The association also met with staff in December to discuss the assessment process and several options are outlined in the attached correspondence. The association may consider reducing the scope of the project due to the increased costs. They have also requested that information be made available to them on potential rehabilitation grant programs for Iow/moderate income persons that own units in the complex. PROCESS Per the attached correspondence from the City Attorney, the adoption of this: Ordinance does not commit the City to go forward with the housing improvement project. Before the City would be obligated, a number of things must happen, as follows: 1. The Condominium Association must provide the City with a financial plan prepared by an independent third party, acceptable to the City and the Association, indicating the Association will be able to finance the construction, maintenance and operation of the proposed improvements made to the common elements of the property. The plan should also indicate the Association's long range plan to conduCt and finance other capital improvements that will be necessary to the property. 2. The Association will need to enter into a Development Agreement with the City for the purpose of implementing the construction of the proposed improvements. 3. A final determination will need to be made regarding the special assessments for costs to each unit within the Association for the proposed improvements. Once this cost is determined, the City will then need to hold a second public headng in connectior~ with the special assessment of these costs against each housing unit. As part of this public headng for imposition of special assessments, the City will need to indicate the assessable amount against each unit. 4. The adoption of proposed Ordinance 98-02 and any resolution imposing special assessments for cost of the improvement project are also subject to a veto by 35 percent of the homeowners within the Association within 45 days after the adoption of either the Ordinance or the resolution. As a result, proposed Ordinance No. 98-02 will not be effective until 45 days after its publication on January 21, assuming the Ordinance is adopted by the City Council at its January 12, 1998, meeting. in other words, this Ordinance will not be effective until March 9, 1998. Likewise, a fee resolution is subject to a veto by 35 percent or more of the homeowners within the improvement area. Therefore, the City could not fund any construction related costs until the veto time pedod has expired after adoption of the fee resolution. Before we can adopt the fee resolution, items 1, 2 and 3 al:}ove must be completed. 5. Even if both veto time periods expire, homeowners within the improvement area may file objections to the special assessments against their housing units. However, to affect appeal rights a property . owner would need to file a written objection to the Ordinance or the resolution on or before the public hearing at which the Ordinance or resolution is adopted. Therefore, if we receive no filed objections to the Ordinance on or before January 12, no property owner will be able to object to the inclusion of his or her unit within the improvement area. However, since we have not yet noticed a public hearing .quest for Action Page 3 1 -! 2-98 to adopt a special assessment fee resolution, all property owners within the improvement area ,~[! still be able to object to a fee levied against their units. SUMMARY Adoption of the proposed Ordinance simply initiates the process.to implement a housrng improgement project financed by the City and funded by special assessments against the individual housing unit. The Homeowner's Association, as well as the City, still have a significant amount of work to do prior to the actual commitment of funds or the sale of bonds for actual improvement costs. It is anticipated that representatives from Sandpiper Cove will be present at the meeting. Staff recommends approval of the ordinance. ORDINANCE NO. 98-02 AN ORDINANCE ESTABLISHING A HOUSING IMPROVEMENT AREA FOR THE SANOPIPER COVE TOWNHOME .- DEVELOPMENT PURSUANT TO MINN. STAT. CHAP. 428A The City Council of the City of New Hope ordains: Section 1. Section 1.80 "Sandpiper Cove Housing._Improvement Area" of the New Hope City Code is hereby added to read as follows: 1.80 Sandpiper Cove Housing Improvement Area. The City of New Hope (hereafter City) hereby establishes pursuant to Minn. Stat. Chap. 428A a housing improvement area over the property commonly known as the Sandpiper Cove Townhome development which is legally described in .Section 1,803 of this Code. 1.801 Recitals. The City hereby makes the following recitals in support of its action to establish the herein housing improvement area: 1. The City is authorized under Minn, Stat. §§428A.11 through 428A.21 to establish by ordinance housing improvement areas within which housing improvements are made or constructed and the costs of the ~mprovements are paid in whole or in part from fees imposed within the area. 2. Th~ City has determined a need to establish the Sandpiper Cove Housing Improvement Area as defined herein, in order to facilitate certain improvements to the property all in accordance " with the Housing Improvement Act, " 3. The City has consulted with the Rockford Owners Association and with residents in the Sandpiper Cove Housing Improvement Area regarding th~' establishment of said housing improvement area and the housing impro%~ments to be constructed and financed under this ordinance. 1.802 Findinqs. The City hereby makes the following findings in support of its action to establish the " herein housing improvement area: 1. The City Council finds that, in accordance with Minn. Stat. §428A.12, owners of at least 25 percent of the housing units within the housing improvement area have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2. The City Council has on July 28, 1997 and by adjournment thereafter conducted a puolic hearing, duly noticed in accordance with Minn. Stat. §428A.13, subd. 2', regarding adoption.of this ordinance at which all persons, including owners of property within the housing improvement area were given an opportunity to be heard. 3. The Council finds that, without establishment of the housing improvement area, the Housing Improvements (as hereinafter defined) could not be made by the homeowners association for, or the housing unit owners in, the Sandpiper Cove Townhome development. 4. The Council further finds that designation of said housing improvement area is needed to maintain and preserve the housing units withfn such area. 1.803 Housing ImProvement Area Defined. The Sandpiper Cove Housing Improvement Area is hereby defined as that area of the City legally described as follows: Lots 1 through 59, inclusive, Sandpiper Cove, all of which is according to the plat(s) thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. Said housing improvement area consists 'of 36 housing units as of the adoption of this section. 1.804 Housing 'Improvements Define~. For the purposes of §§1.80 through 1.809 of this Code, the term "Housing Improvements" shall mean those improvements to the housing units, garages, and common areas within Sandpiper Cove Housing Improvement Area as set 'out in the December 23, 1997 Overview Specifications (Preliminary) prepared by Construction Consulting & Inspections, Ltd. for the Rockford Owners Association as follows: 2 1. replacement of 234 w~ndow units; 2. replacement of ~ patio doors; 3. replacement of 36 oyerhead garage doors; 4. replacement of all rear decks and side entry stoops on 10 duplex buildings and replacement of all rear decks and front entry stoops/decks on 4 fourplex buildings; 5. repair of all roofs and installation of new fiberglass reinforced shingles; 6. replacement of all gutters and downspouts; 7. replacement of all exterior lighting on the buildings; 8. replacement of all exterior siding, soffits and fascia including wrap of all windows and doors, trim and'ceilings in stoops; 9. replacement of 20 garage mandoors in the duplex buildings; 10. the above mentioned construction shall atso include all incidental work and repairs to finish the construction to industry standards and comply with all building codes regard]ess of whether said incidental work is described in this Code or in the Decembe~ 23, 1997 Construction Consulting & Inspections, Ltd. Overview Specifications. 11. Housing Improvements shall also be deemed to include the following costs incurred by either the Rockford Owners. Association or the City: a. All costs of architegtural and engineering services in connection with the activities described in this Section. b. All administration, legal and consultant costs in connection, with the housing improvement area. c. Costs of issuance of bonds, if any, to finance housing improvements under the Housing Improvement Act, subject to the terms of Section 1.805 of this Code. 3 1.805 Housing Improvement Fee. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under Minn'. Stat. Chap. 428A known as the Housing Improvement Act, impose a fee on the housing units within the Sandpiper Cove Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee"), subject to the terms and conditions set forth in this Section. 1. Any Housing Improvement Fee shall be imposed on the basis of the total cost of.the Housing Improvements to be financed by .the Housing Improvement Fee, divided by the number of housing units in the housing improvement area as of the date of any fee resolution. 2. Any Housing Improvement Fee shall be i~posed and payable for a period no greater than 20 years after the' first installment is due and payable. 3. Any Housing Improvement Fee shall be prepayable in full or in part by housing unit owners within 30 days after the effective date of the resolution setting the Housing Improvement Fee, provided that if only a portion is prepaidr the prepayment amount must be at least 25~ of the total fee for that unit. After such 30-day period 'the Housing Improvement Fee (or unpaid portion thereof) shall not be prepayable. 4. ~he resolution imposing any Housing Improvement Fee shall provide that any fee (or portion thereof) not prepaid by the housing unit owner shall be deemed to include simple interest on unpaid housing improvement costs at a rate of 85 per annum. 5. Any Housing Improvement Fee shall be collected at the same t4me and in the same manner as provided fo~ payment and collection of ad valorem taxes, in accordance with Minn. Stat. §428A.05. As set forth in Minn. Stat. §428A.14, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any l&w or charter. 4 6. Any Housing Improvement Fee shall not exceed the amount specified in-the notice, of public hearing regarding the approval of such fee; provided, however, that' the Housing Improvement Fee may be reduced after approval of the resolution setting the Housing Improvement Fee, in the manner specified in such resolution. i.806 Issuance of Bonds. At any time after a contract with Rockford Owners Association, [nc. for construction of all or part of the housing improvements has been entered into or the work has been ordered, and the 30-day period for prepayment of the Housing Improvement Fee has expired as described in §1.805 hereof, the Council may issue bonds in the principal amount necessary to. finance the cost of the housing improvements that have not been prepaid together with costs of issuance of the bonds. Such bonds shall be issued pursuant to and in accordance with Minn, Stat, §428A,16 of the Housing Improvement Act, 1.807 Annual Reports, 1. On August 15, 1998 and each August 15 thereafter until all housing improvement fees derived in the housing improvement area are fully paid, the Rockford Owners Association, Inc, (and any successor in interest) shall submit to the City Clerk a copy of the association's audited financial statements. 2. Rockford Owners Association, Inc, (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. 1.808 Notice of Right to File Obiections. Within five days after the adoption of §§1.80 through 1.809 of this Code, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Sandpiper Cove Housing Improvement Area: a summary of these Code sections; notice that owners subject to the proposed Housing Improvement Fee have a right to veto thi.s ordinance if owners of at least 35 percent of the housing units within the Sandpiper Cove Housing improvement Area file an objection with the City Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file With the City'Clerk for public inspection. Sections 1.80 through 1.809 of this Code shall be effective 45 days after their passage and publication. 1.809 Amendment. This ordinance may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Minn. Stat. §428A.13, subd. 2 of the Housing Improvement Act. Section 2. Effective Date. This Ordinance shall be effective 45 days after its passage and publication. Dated the day of , 1998. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk Published in the New Hope-Golden Valley Sun-Post the day of , 1998.) 6 ~ ~ ~!~) REQUF~T FOR ACTION . Origmattng Depa[baent Approved for Agenda Agenda Section Un_finished & Fina.nce/Admin. 0 I- 12-9g Or~. Business Valerie Leone Item No. By:. City Clerk By:. 11.1 MOTION APPOI'NTI~G JOHN CAMEI~.ON, PAUL A.NDER. SON, AND TOM SCH~IDT TO CITY COM~VilSSIONS The City Council held commission candidate interviews the eve..n!n$ of January 5, 1998. Appointment recommendations are a~ follows: ~'ohn Cameron Planning Commission three.year term Paul Anderson Planning Comrmssion two-year term Tom Scb_rnidt Citizens Advisory Commission one-year term MOTION BY SECOND BY TO: REQUEST FOR ACTION Originating Depazh~ent Approved for A~enda Agenda Section City Manager ~ Other Business 1-12-98 Kirk McDonald item No. By:. Management Assistant By:. 12.1 DISCUSSION REGARDING HEALTH INSP/JECTION SERVICES Staff request to discuss health inspection services with the City Council. The Management Intern has prepared the following data on this subject and will be making a presentation on this issue and :he options available to the City. The City of New Hope employed a health inspector/sanitarian on a part-time basis (.25 FTE) for over 20 years to perform health inspection services for the City, including inspections of eating establishments. swimming pools, and other services/facilities that are licensed by the City. As a result of the resignation of the City's health inspector last June, the City must now determine how it would like to continue providing environmental health services to its businesses and residents. In the interim, the City has been contracting with Crystal to.l~rovide these services. The State, however, has informed the City that it needs to reach a permanent decision as the temporary nature of the contract between New Hope and Crystal is not acceptable. Due to the extenuating circumstances surrounding the health status of the Director of Fire & Safety, the City was granted additional time to finalize its plans. New Hope essentially has three options to consider: 1. Hire another part-time or full-time health inspector for New Hope; 2. Formalize the contract with Crystal and consolidate the service to have their health inspectors serve both cities; or 3. Get out of ~e health inspections business altogether and have Hennepin County perform :he service for the City. tcont'ct.) MOTION BY ,, SECOND BY , TO: Request for Action Page 2 1-12.98 City staff spent the last several months collecting and analyzing data related to the number of facilities ~n New Hope that need inspections. Staff looked at the average number of inspections required per year, the cost to have the services performed by Crystal, revenue generated by the license' fees charged and whether this covers the cost of the services, and a comparison of license fees charged by the two cities for similar licenses. This study has involved input from and meetings between the Inspections Department, the Finance & Administration Department, Crystal, Hennepin County, and the Minnesota Department of Health. The health inspections issue was brought before the Council at its November 24 meeting, but was tal:}led until January 1998 for two reasons. One, Hennepin County asked for an opportunity to make a presentation to staff about its services so that all options were considered faidy. Second, staff wanted to research the comments made by the Crystal Finance Director about Crystal's envi. ronmental health. The City Manager received a letter from the City Manager of Crystal in which he cladfies .several issues. Staff's top priority is to provide New Hope residents and businesses with excellent health inspection services in a cost effective manner. In the past, New Hope health inspection services have received acceptable ratings from the state. During the intedm contract with Crystal, staff feel that New Hope has received excellent health inspection services. If it is financially feasible, staff is recommending that the City pursue a long-term contract with Crystal to provide these serv!ces to New Hope. Such a contract would achieve two objectives: it would consolidate the service and keep the service at a local level. Staff have spent a great deal of time analyzing these options and the ramifications of each, per the attachments. Staff is requesting that the Council give direction as to which option to pursue. The City Attorney has prepared a preliminary agreement which would formalize the arrangement between Crystal and New Hope. If the Council gives direction to proceed in that manner, the agreement would t~e finalized and presented to the Council for formal action on January 26.  '~'~ * COUNCIL REQUEST FOR ACTION Originating Depa~ h~ent Apprt~ed for Agenda Agenda Section Oevel o preen 1: Public Works 1-26-98 & PI annin.q  ') Item No. By:. Jeannine Clancy By:. / / .. 8.1 / RESOLUTION APPROVING CONTRACT//~ETWEEN THE CITY OF NEW HOPE AND DKH EXCAVATING FOR DEMOLITION OF TJ-tE OLD FIRE STATION (PROJECT #543) The City Council has approved the specifications and authorized bidding for services related to the demolition of the old fire station located at 4300 Zealand Avenue. The bids were opened on January 20, 1998 and were as follows: Firm Bid DKH Excavating $32,191.75 Doboszenski & Sons 32,443.00 Kevitt Excavating 38,339.50 Veit & Company 41,735.00 Wickenhauser Excavating 41,744.50 Belair Excavating 42,985.70 Ceres Shop Expense 53,193.50 Landwehr ConStruction 56,~. ~. d.50 R. J. Valek Construction 58,251.00 JME of Monticell 77,442.00 The demolition contract includes complete removal of the building, the foundations walls and footings except in the area of the hose tower. Due to the proximity of the transformer, the walls in this area will be removed to five feet below the existing groundline. The project specifications also include disposal of some non-friable asbestos,-lead based paint, fluorescent light bulbs and ballasts, and mercury switches. After demolition, the site will be filled and graded to blend in with the adjacent ground. Public Works will seed the area in Spdng, 1998. MOTION BY SECOND BY TO: Review: AdmtnLstra~n: Finance: RFA-O01 ~ Request for Action Approval of Project #543 January 26, 1998 Page 2 To date, work has been approved to remove and relocate the civil defense siren and to-sever the communications link between the old fire station and the new fire station. In addition, community groups and city departments which store materials in the space have been notified that the building will be demolished. All groups are expected to have their items out of the facility in time for the demolition. The Fire Department may use the facility for training exercises dudng the month of February. Information about the Fire Department's training as well as other project inforfnation, will be "' disseminated to the neighborhood through a project bulletin. ShouId Council approve this resolution, the project schedule is as follows: Fire Department Training February, 1998 Begin Demolition March 16, 1998 Complete Demolition Apdl 17, 1998 Complete Site Restoration May 15, 1998 Staff recommends that Council adopt the resolution.  PROJECT ~-498 Bulletin #4 " , , NORTHWOOD LAKE PARK STORM SEWER, PONDING AND PARK IMPROVEMENT PROJECT INTRODUCTION The intent of this project bulletin is to update residents on the status of the Northwood Lake storm sewer, ponding, and park improvements project. The construction season has now ended due to the onset of extended cold weather and snow cover. Thank you for your patience and cooperation while construction was underway this summer and fall. PARK CLOSED Even though much of the park is finished, some restoration work remains. 'VVhen all work is completed in the spdng of 1998, the City will accept the contractor's work and open the park. Until that time, all residents and park users are reminded that areas of the park within the construction limits are closed. By leaving the park closed, the responsibility for the incomplete project remains with the contractor. Unauthorized persons are asked to stay outside of the construction limits until the park is opened. PLEASE NOTE: Even when the park is completed and accepted by the City, as in previous years, it is not our intention to plow the trails dudng the winter. WORK COMPLETED During the last few weeks of the construction season, the focus of the work was on restoration activities within the park. These included: · The completion of sod placement on the ballfields. · Seeding and mulching of specific areas. · Seeding and plant installation in the channel and Wetland areas. · Paving the pathways. · Placement of the bddges and benches. · Installation of ballfield fencing and the placement of concrete bleacher pads. · The restoration of Boone Avenue and the sidewalks along both sides of the street. 'UPCOMING SCHEDULE Work to be completed in the spdng includes: · The completion of sod placement outside of the ballfields. · Seeding and mulching of specific areas. · Planting trees and shrubs. · Installation of a pedestrian ramp at the south end of the park. · Placement of the bituminous wear course on Boone Avenue. It is important that all foot traffic stay off the turf until it has a chance to become established next spring. The sod placed this fall has started to root well in spite of the cold weather. The area seeded this' fall and the area seeded or sodded next spring will need some extra time to mature before it can accept foot traffic. Assuming normal weather conditions in the spring, the ballfields are expected to be ready for the softball season and the other Portions of the park are expected to be fully usable before mid- summer. By Duk Duk Daze in early July, the turf should be established well enough to handle the foot traffic. 11/26/97 PROJECT #594  Bulletin #2 1997 PARK IMPROVEMENTS CORNER PARK Overview Earlier this fall, the City of New Hope initiated a project to reconstruct the playground at Comer Park. Work on the project has ended for this year. This project bulletin is intended to serve as an update of what has been accomplished and what remains to be done next spring. Completed Work The completed work includes: The removal of the existing play equipment and the installation of new equipment. The new equipment includes accessible play features for persons with disabilities. · The construction of a hard surface path providing access to the play area from the sidewalk along the south side of 47~ Avenue. · The area between the play area and 47~ Avenue was re-graded to allow for better drainage of the area as well as to provide for the accessible path to the playground. · A new plastic perimeter was installed around the play structure. The area around this perimeter was back filled and leveled. · The basketball court was removed and replaced. · The area around the basketball court and the playground has been seeded. Work Yet to be Done While most of the work on the project has been completed, there are still a few items that must be finished in the spdng. These are: · The installation of an accessible picnic table on the hard surface path near the play structure. · The successful establishment of the turf. · The color coating of the basketball court. (This will most likely occur in late spring or summer when weather conditions allow for the proper cudng of the color coat material.) When these items are addressed early next spdng, the Comer Park Project will be inspected and the project finaled out. Contact Person~ If you have questions or concerns dudng the improvement project, please direct your calls to the engineer representatives: Joe Illetschko, Project Inspector: 604-4800 Randy Neprash, Project Engineer: 604-4703 If you desire to speak with someone with the City of New Hope, please contact Tom Schuster, Contract Manager, 533-4823 ext. 13. City of New Hope 4401 Xylon Avenue North New Hope,' MN 55428 12/11/97 (~ PROJECT NO. 589 Bulletin #2 ' 9116 31't Avenue North Purpose The purpose of this bulletin is to update property owners and residents in the neighborhood of 9116 31't Avenue North about the status of the City's rehabilitation project on this property. Overview In September the City purchased the property at 9116 31st Avenue North as part of the City's scattered site housing rehabilitation program. The City is proactive in acquiring properties with significant deficiencies and rehabilitating them in an effort to preserve property values in New Hope's residential neighborhoods. This particular prope.rty had suffered extensive water damage in previous years. The City's intent is to correct the drainage problems and rehabilitate the home and place it for sale. In October the City contracted with a firm to install storm sewer and yard drains to resolve problems with water ponding in the rear and side yards. A portion of the property was also regraded so that it drains properly. In November the City hired a tree service to trim and remove some trees on the property in preparation for the house rehabilitation. Construction/Rehabilitation The City accepted bids for the rehabilitation of the house in December and awarded the bid to Flag Builders, who has completed other rehabilitation projects for the City in the past. Rehabilitation of the house is expected to start in mid-January. The rehabilitation contract includes the following exterior work: expanding the single-car garage to a double-car garage; demolition of existing and installation of new driveway, sidewalk and garage slab; repair of all damaged or broken siding, soffits and facia; installation of new six-panel steel insulated front door, installation of new patio door and basement egress window and repair of all damaged or broken windows, storms and screens; installation of new roof and repair of existing gutter system. Interior improvements will include installation of a new interior drain tile system; new furnace; new water heater; repair/ replacement of rotted timbers and stair framing in basement; repair all plumbing/ electrical deficiencies; installation of new bathroom fixtures; and new paint and carpeting/vinyl floor covering throughout the main level. Schedule Rehabilitation will begin immediately and is scheduled to be completed by April 1, except for exterior cement work which will be completed by June 15. This spring the City will contract with a firm"to do additional landscaping on the property as well as final grading and sodding. 1/9/98 4401 Xylon Avenue North City Hall: 612-531-5100 City Hail Fax: New Hope, Minnesota 55428-4898 Police: 612.531-5170 Police Fax: Public WorKs: 612-533.4823 Pub/lc Works Fax: 612-533-7550 TDD: 612.531-5109 Fire Oep?. Fax: 612-531-5175 December 11, 1997 Mr. James Damiani 4665 Flag Avenue North New Hope, MN 55428 Dear Mr. Damiani: Thank you for returning your commission re-appointment interest response form. While I am saddened to learn of your decision not to request re-appointment to the Planning Commission, [ can certainly understand your decision. The City Council and staff extends their gratitude to you for your years of service on the Planning Commission. Our volunteers are a valuable resource. In January the City Council will adopt a formal resolution of appreciation and a framed copy will be mailed to you. Also, you will be recognized at next summer's employee/volunteer appreciation picnic. I hope you found serving on the Planning Commission to be a rewarding experience. If you ever desire to volunteer on another City commission, staff would be pleased to recommend your appointment. Sincerely, Valerie Leone, CMC City Clerk cc: Kirk McDonald, Staff Liaison Family Styled City ,¥, i,~. !~[, For Family Living 4401 Xylon Avenue North City Hail: 612.531-5100 City Hall Fax: 512.551-5~ New Hope, Minnesota 55428.4898 Police: 612.531-5170 Police Fax: Public Works: 612-533-4823 Public Works Fax: TOD: 612-531-5109 Fire Oep't. Fax: 612-631-5!?$ December I 1, 1997 Mr. Richard Stulberg 8824 47-12/Ave. N. New Hope, MN 55428 Dear Mr. Stulberg: Thank you for returning your commission re-appoititment interest response form. While I am saddened to learn of your decision not to request re-appointment to the Planning Commission, I can certainly understand your decision. The City Council and staff extends their gratitude to you for your years of service on the Planning Commission. Our volunteers are a valuable resource. In January the City Council will adopt a formal resolution of appreciation and a framed copy will be mailed to you. Also, you will be recognized at next summer's employee/volunteer appreciation picnic. I hope you found serving on the Planning Commission to be a rewarding experience. If you ever desire to volunteer on another City commission, staffwould be pleased to recommend your appointment. Sincerely, Valerie Leone, CMC City Clerk cc: Kirk McDonald, Staff Liaison Family Styled City ,~, ;~ l,'i~'' For Family Living .,i ', C DE0-15-97 MON 17:53 COMMAND TOOLING SYSTEMS ' F~X NO, 6125766911 P, 02 December 15, 1997 Kirk McDonald City of New Hope Dear Kirk, I am writing this letter to notify the City of New Hope of a change in my home address. am no longer a resident of the City of New Hope. My new address is: William Keefe 2216 Shadywood Road Orono, ~ 55391 Home Phone: 612471-1109 Work Phone: 612-576-6341 I believe it is still possible for me to serve on the Planning Commission and I will continue to view my appointment to the Planning Commission as a privilege and a responsibility. ff you or the City Council members have eom:ems, please call me. Thank you. Sincerely, William Keefe 4401XylonAvenue North City Hall: 612-531-5100 City Hall Fax: 6t2.53~.5 75~ New Hope, Minnesota 55428-4898 Police: 612.531-5170 Police Fax: 612.531.5!7~ Public Works: 612-533.4823 Public Works Fax: 612.533-7650 · TDD: 612.531-5109 Fire Dep't. Fax: 612.531.5175 December 10, 1997 Mr. Roger Landy - 4417 Flag Ave. N. New Hope, MN 55428 Subject: Re-appointment to Planning Commission I am pleased to inform you that the City Council, at its meeting of December 8, 1997, approved your re-appointment to the above-referenced commission for another term to expire December 31, 2000. The Council expresses its appreciation to you for your contributions to the community by serving on this commission. Congratulations on your re-appointment. Sincerely, Valcrie Leone, CMC City Clerk Family Styled City ~ For Family Living 4401 Xylon Avenue North City Hall: 612.531-5100 City Hall Fax:612-55t-5 ~ 26 New Hope, Minnesota 55428-4898 Police: 612.531.5170 Police Fax: 612-531.5t7,~ Public Works: 612-533-4823 Public Works Fax: 412-533-7650 TDD: 612-531-5109 Fire Dep't. Fax: 612.531-5175 December 10, 1997 Mr. William Oelkers - 5909 Ensign Ave. N. New Hope, MN 55428 Subject: Re-appointment to Planning Commission I am pleased to inform you that the City Council, at its meeting of December 8, 1997, approved your re-appointment to the above-referenced commission for another term to expire December 31, 2000. The Council expresses its appreciation to you for your contributions to the community by serving on this commission. Congratulations on your r~-appointment. Sincerely, Valerie Leone, CMC City Clerk Family Styled City ~ For Family Living CITY OF NEW HOPE PLANNING COMMISSION CHAIR: Sonsin, William 3308 Gettysburg Avenue N. 55427 545-4401 MEMBERS: Codes and Standards Sonsin, William, Chair Roger Landy 4417 Flag Avenue North, 55428 535-7602 Keefe, William 2216 Shadywood Road, Orono 55391 471-1109 Design and Review William Oelkers 5909 Ensign Avenue North, 55428 535-6144 Svendsen, Steven 3508 Flag Avenue North, 55427 545-2984 Comprehensive Plan Update Committee Kramer, Adam 6041 Winnetka Avenue North, 55428 971-0619 Kathi Hemken 3657 Maryland Avenue North, 55427 537-7990 Landy, Roger New Members Anderson, Paul Universal Color 535-6435 (w) Cameron, John Liberty Diversified Industries 536-6651 (w) DirectOr of Community Development Kirk McDonald 4401 Xylon Avenue North 531-5119 Para Sylvester Recording Secretary 531-5110 PlanninR Consultant Alan Brixius) Northwest Associated Consultants 595-9636 David Licht ) 5775 Wayzata Boulevard, Suite 555 Minneapolis, MN 55416 595-9837 (Fax No.) PLANNING COMMISSION MEETS THE FIRST TUESDAY OF EACH MONTH AT CITY HALL AT 7 P.M. DECEMBER 1997 AMERICAN PLANNING ASSOCIATION Zoning in ContextPimburgh In 1958, the city of Pirtsburgh (pop. 370,000) replaced its By Lee D. Einswdiler, AICP existing zoning code with an urban renewal style of code that emphasized standards that were suburban in character.' The Zoning has a well-deserved reputation as a rigid, inflexible 1958 code had a tendency to ravage existing neighborhood tool. And historically this has been true, esPecially in character in the older portions of the city. Bv the 1990s, smaller jurisdictions that lack support for more discretionary Pittsburgh o~cials realized that much of the city's development mechanisms for development regulation. Many communities, permitting in existing neighborhoods was occurring through the however, have made substantial efforts to add more flexibility in variance process. It was clear the code would need a fine-grained standard zoning districts, without the need for discretionary approach to differentiate among the city's neighborhoods. decision making (such as planned unit developments or design A review of the pre-1958 zoning code provided an early .. review boards). These techniques are collectively described as model with separate use and development iiabdistricts. The new contextual zoning. This issue of Zoning News illustrates the use of these techniques in several jurisdictions---one complex infill and d lp ig h h re eveo mentsettn w erete acceptance of regulation was fairly high Building T¥1~ (Pittsburgh) and one where regulatory RSD tolerance was very low (Baytown, Texas). s--~ r~,a,~,__,~,,, . ~ ~ ~.~.~ The Concept · setting in which a building is located--in reviewing development proposals is drawn from historic preservation guidelines. In reviewing modifications to historic buildings or within a historic district, RT context is often the key factor in deciding whether changes are appropriate. However, the context of historic buildings is typically judged by professionals with expertise in preservation or laypersons with a special ~ .. ~ - - ' ~ - interest in the topic. This design review ~. __,_~ process is frequently time_consuming and~ R~a ~ ~~;~1:~ fraught with excessive attention to details .. outside the scope of formal design review. .. What many communities are seeking Five residential use subdistricts (rows) andfive development subdistricts (columns) is a way to preserve existing produce sixteeen distinct zoning districts in Pittsburgh. neighborhood character by right through standard zoning mechanisms that can be reviewed in a cod.e, creates five residential use subdistricts that define the shorter time period and that do not require special expertise, primary type of housing (detached, attached, duplex, triplex, either in preparing the application or in reviewing the and multifamily) and five development subdistricts that define proposal, development intensity (very low, low, moderate, hi'~h, very high Contextual zoning is an attempt to meet that need. It is a density). The standards define lot size, lot area per unit, way to create flexibility based on the actual character of the area setbacks, and height. The combination of use and development surrounding a proposed development, standards districts allows a wide variation in neighborhood Contextual zoning can rely on the simplest of tools (a site character, from suburban to intensely urban, without the visit with a measuring tape) or make use of rectified aerial burden of hundreds of separate residential zoning districts to photographs often found in the tax assessor's or appraiser's define existing neighborhoods. office. With the advent of easy-to-use desktop geographic More importantly, context based on adjacent structures is information systems that illustrate lot lines, building footprints, used to set height and setbacks for any redevelopment or infill and existing uses, contextual zoning is now easier to administer lot. Older platted lots and neighborhoods often have amazing than ever before, consistency in setbacks and other aspects of bulk and massing, helping to define their character and charm. In order to Figure 2 ' capitalize on this wealth of existing context, the city devised both contextual height and contextual setback regulations, i r' Vacant f Proposed These regulations rely on the adjacent structure to determine ; ' i ~, ; ; ~'- setbacks or height by allowing the setback or height limit to be ~~ ; ' ' ; ;-- ; ; ; determined using any point between the subdistrict standard _ ! [---']: [~'-I, : r-'-]: ~:~I: [--'] il-'--] ,, and the actual height or setback ofan adja¢.ent structure ',[ I-~;[ ~; 1' ; / r-a; I/ %i ;---L-[i--I_.l; oriented to the same street. See Figure 1 below. ; --~- , Pittsburgh also uses the scale of a proposed use to define ~------a--,-~,._.z .... ~_? ........ compatibility at the neighborhood level and reduce anticipated impacts. For example, retail sales and services, ~ Existing Setback along with restaurants, are permitted in neighborhood ........... Standard Setback commercial areas as long as they are less than 3,000 square feet in size. existing front-yard setbacks on the same block are less than the Finally, when expansion of a nonconforming structure was district standard (see Figure 2). Setback averaging in Baytown proposed, off-street parking standards were applied only to relies on the following concepts: expanded areas rather than the entire building. This encourages · Existing setbacks on the same block face are averaged. redevelopment activity by grandfathering the existing conditions while ensuring incremental improvement of the parking · Only lots with similar uses to that proposed are included in situation. Many existing neighborhoods also received partial or the average. complete exemption from off-street parking requirements. · Vacant lots are included using the district setback. In Baytown, compatibility standards apply to all multifamily Figure 1 ~ and nonresidential development adjacent to an existing single- 'J~ family or duplex use, or within 150 feet of the lot line of any -~i property, zoned Neighborhood Conservation (NC). They include , ., Adjacent Height variable building setbacks, variable parking and driveway setbacks, i[i~t buffer standards, and some simple operational performance Contextual Height standards for noise, vibration, fire and explosive hazards, light and "Height Standard glare, and electromagnetic interference. i I Propos~ Building, parking, and driveway setbacks vary based on the ; I Stru~re lot width of the proposed site, as shown in the following cable. , Porking/ Building Driveway ' To}al Lat Wid~ Sell,ack Seeoack Baytown 0 to 60 feet 10.0 feet 6 feet In 1994, Baytown, Texas (pop. 75,000), was the third-largest 60.01 to 70 feet 12.0 feet 8 feet city. in the country without zoning. Houston had recently 70.01 to 80 feet 14.0 feet 10 feet rejected zoning for the third time. A tire storage facility near 80.01 to 90 feet 16.0 feet 12 feet a residential neighborhood had caught on fire, creating a 90.01 to 1 O0 feet 18.0 feet 14 feet substantial risk to the surrounding neighborhood. Using this More than 1 O0 feet 20.0 feet 16 feet incident as a rallying cry, civic and neighborhood interests in Baytown approved a minimal zoning approach, described as The maximum permitted height was stepped back from "neighborhood protection" and focused on avoidance of adjacent lot lines, starting at 35 feet within the first 50 feet from basic land-use conflicts. The result was a 37-page the lot line and rising tO 40 feet within the next 25 feet. Beyond neighborhood protection ordinance, with only three zoning 75 feet from the lot line, height was allowed to increase one districts covering the entire community--neighborhood foot for every five feet of additional setback (see Figure 3 conservation, urban neighborhood, and mixed use. The city below). also promised residents that the new ordinance would not require additional staff or revenue to administer. The new ordinance was approved by referendum and passed by the Figure 3 city council in May 1995. Contextual zoning in Bay~own relies on compatibility .~ standards and setback averaging to achieve the desired ~ protection of residences from incompatible uses and undesirable ~ NC Z0nm~0~ Max Heigllt 40 feet changes in character. Setback averaging is allowed where ~ s~,~.~.x u.~ .{ ~ t~ ~ · ~.~-.-: ....... Lee D. Einsweiler, AICP, is a principal associate"with James Duncan and Associates, a consultingfirm ~peciatizing in plan i - , impl~'mentation techniques in Austin, Texas. OistancetromLottine 2 Buffers ;nd screening are also required for nonresidential community's fringe may force a remaining grocery and multifamily residential development. Complete visual supermarket to close. This type of result has been common screening of the building, parking, mechanical equipment, nationwide. outdoor storage areas, and refuse collection areas with an RIGHT supporters argue that Wal-Mart would ultimately opaque fence or wall is required, up to a maximum height of hinder the community's chance for long-term stability, rather 10 feet. than strengthen the local job base. Downtown Ticonderoga The operational performance standards require nuisance remains economically vulnerable despite more than 20 stores elements (vibration, light, and glare) to be imperceptible at the still in operation. A thriving Wal-Mart would hardly lot line. The combination of these simple standards provides compensate for losses generated by deterioration of the central flexibility while ensuring compatibility of adjacent uses. business district. To combat the problem, grassroots revitalization efforts are Conclusion underway. Similar initiatives include a recent workshop held by Each of the techniques described above is an attempt to allow the National Trust's Main Street program, the authorization of flexibility within standard zoning districts to ensure that at least an architectural firm to expedite facade improvements for the minimum elements of height and bulk conform to the downtown commercial properties, and waterfront renewal on neighborhood. These attempts to incorporate the character of the nearby River La Chute. the setting into an individual zoning decision without opening Ticonderoga is seeking to expand its tourism potential, and the door to the problems of discretionary decision making have downtown prosperity will play a key role in the process. great potential for use elsewhere in the country. With a little RIGHT will also continue to advocate for more sophisticated carefully crafted ordinance language, any zoning code can be planning, including zoning implementation in the downtown made more responsive to the context of zoning, and incentives for business retention. Supporters believe such efforts might negate the necessity for big box developments like Wal-Mart. The issue is to go before a judge by the end of the WaI-Mart's Battle month with a ruling expected early next year. Fay Dolnick at Ticonderoga The historic New York town of Ticonderoga, site of the first Does Sports Plus Religion nerican victory in the War of ndependence, is the sdene of a Equal Gridlock? new struggle over the proposed construction ofa 111,000- square-foot, 23-acre Wal-Mart Super Center less than two miles The long-anticipated December opening of a $35 million from town. megachurch in Landover, Maryland, is fueling the growing After the planning board approved the site plan, the Wal- debate over zoning for large religious institutions. The new Mart Corporation purchased the land from a local farmer and church is generating excitement among church administrators, participated in a subsequent ceremony to break ground. The but some municipal officials are questioning the widespread festivities were short-lived; though, because of a lawsuit filed in implications of the massive structure. Saratoga County State Supreme Court by Responsible The Jericho City of Praise sits on 80 acres of former Intelligent Growth for Historic Ticonderoga '(RIGHT), a agricultural property and features a 10,000-seat arena complex, citizen group that opposes the development, sporting venues, educational facilities, state-of-the-art video The suit claims the planning board failed to comply with the screens, and a private elevator to escort the pastor from the requirements of the State Environmental Quality Review Act Green Room to the pulpit. Nearby residential neighborhoods (SEQRA) by not requiring a full environmental impact are already burdened by an array of suburban nuisances from statement from the Wal-Mart developer. Despite plans to build Jack Kent Cooke Stadium, home to the Washington Redskins, this fall, RIGHT spokesman Dean Cook threatened to seek a to the U.S. Air arena, both stark reminders of Landover's recent restraining order if construction continues while the suit is growth. The church congregation currently stands at 8,000. pending. Combined with football fans or patrons from other arena Planning board chairman Bernard Leerkes feels the board did events, it is likely that crowds in excess of 100,000 will move not express an opinion either for or against the Wal-Mart through the area on some Sundays. Traditional neighborhood development but says the application complied with state law preservationists see such growth as a mixed blessing. requirements, lending no legitimate reason for refusal. The megachurch phenomenon should come as no surprise to A public meeting to discuss the situation showed major many Americans, whose desires for everything from retail to community support for the development. Essex County, like movie theaters to religious institutions grow larger by the year much of northeastern New York State, suffers from a 50-60 (see "Zoning and Big Box Religion," November 1996). Some percent winter unemployment rate and welcomes the observers have noted that many neighborhood churches may opportunity for additional jobs. Supporting the suffer a demise similar to that of the neighborhood grocer in the development, Leerkes expressed concern over the face of powerful supermarket chains. community's persistent loss of sales tax revenue to a Any problems generated by the Jericho CiD, of Praise, such neighbo, ring county, where retail availability has attracted as illumination, noise, and congestion, still pale in comparison many Ticonderoga shoppers. He hopes the Wal-Mart center to nuisances from the two arenas, say some area planners who will reverse that situation, particularly since its site plan was feel controversies over the new church are exaggerated. Most of revised to include a large grocery extension. He did, Jericho's activity will be during daylight hours, setting it apart however, acknowledge the declining state of Ticonderoga's from the neighboring facilities, both of which host a variety' of once vibrant downtown, where competitive elements on the evening events. 3 Jericho is not the real catalyst for the area's change. By the ' :* time the church broke ground, changes to infrastructure 'were kl~tl' M~dell {~11' Sop4lrstores; largely in place to accommodate other developments. Roads had Alternatives to Big-Box Sprawl been widened, turn lanes added, and other infrastructure Constance Beaumont. National Trust for Historic Preservation, systems implemented to moVe both heavy traffic and large 1785 Massachusegs Ave., N~, Washington, DC 20036. 1997. 60 volumes of People. The transition from rural to suburban also pp. SlOper copy, 40 percenr discount for orders oflO or more. called for additional services such as police protection to The drainage of business activity from Main Street to maintain traffic flow and tend to any disruptions, sprawling malls and superstores need not be an unstoppable Still, communities need not defer to every church demand juggernaut, according to this timely and well-conceived manual for development. Planning officials acquired a stronger influence in the National Trust's Preservation Information Series. An over churches after the 1993 Religious Freedom Restoration Act effective series of case studies outlines how commu, nity leaders (RFRA) was overturned last June (see "Court Nixes Religious across the country have persuaded big-box retailers to refocus Freedom Act," August). Cities can address blatant zoning their attention on downtown locations, often rescuing and violations and negative impacts on the surrounding community revitalizing historic commercial buildings. The report details the while paying due consideration to both religious freedom and many zoning and other regulatory techniques cities can use to municipal planning. The issue is not whether to zone for a achieve these goals. It concludes with an analysis of the impact megachurch, but where to place any large facility in relation to of superstores in sprawl locations on downtowns in Iowa and the other community districts. Although many Americans may still lessons learned from these experiences. romanticize about walking to the corner cathedral on Sunday mornings, many communities are no longer designed to accommodate such notions. The face of religion is changing. 1 997 ZOB~ng News Index Michael Davidson Adult Uses Massaging the Regulations October Affordable Housing : vt t ports','"'--z°ningf°rAccess°ryDwellingunits January The Conflict at the Edge February Commu~iai Zoning Mediation--An Introduction Solving Day Labor Problems May Video and Workbook on Interest-Based Mediation, Produced by Acres of Automobiles June MGI Film & Television, MacKenzie Group International P.O. Zoning for Dual Fueling August Box 218, 1117 Queen Street West, Toronto, ON M6J 3P4, Tico nderoga's Batde Agair~t Wal-Mart December Canada. 199Z Running Time 19:30. U.S. cost, $50 plus $Z50 Cumpreh®nslvo Plans S&H; Canadian cost, $69.95 plus $5 S&H. Louisville Vision Takes Form June Interested in alternative methods of dispute resolution? For those who are tired of time-consuming and costly court battles, I~m, semont mediation may provide some relief. Narrated by a professional Eyes on the Street: Citizen Involvement in mediator, the video takes viewers through a mock land-use Code Enforcement September dispute between an aggressive developer and a tireless Floodplain Regulations environmentalist. Although not endrely appropriate if your goal Zoning for Flood Hazards October is to set a legal precedent involving the constitution, mediation I~le~.~ I®seu~os · is a viable option for resolving a myriad of land-use issues. Its Online Resources for Zoning Officials November proponents hail the process as consensual rather than adversarial, time-sensitive, a better solution builder for both #uneu~,ming I, Ise~ parties, diplomatic, and cost-efficient. Attorneys and a judge are Changing or Expanding Nonconforming Uses March interviewed to disctas the benefits of mediation, and lulilluns Uses participants in a real-life set-dement provide insight into the Montgomery County Updates Church Regulations May Storefront Churches Challenged August process. Court Nixes Religious Freedom Act August DOes Sports Plus Religion Equal Gridlock? December Zomng Neu/s is a mond~ly new, letter published by the Am~rica. n Planning A.tu~ciadon. ' I~OI~I'II and T~II"iSlII Subscription* are available for $50 (U.S.) and $65 (foreign). Frank S. So, Executive Director: wim~ ~. ~ei~, ~)i ....... ~ ....b. Nudist Camps Spread Their Wings February Zoning News is produced at APA. Jim Schwab and Mike David.mn. Editot~ Shannon I~o~uain4,~ Armstrong, Chris Burke. Fay Dolnick. Sanjay Jeer. Megan Le~is. Marya Morris. Martin Roupe. j'aso, Wittenberg, Rep ..... Cynthia Cheski. basi .... Editor;, Lisa Barton, Design and Neighborhood Character and Rezoning July Producsion. Copyright © 1997 by American Planning ,Msociation, t22 S. Michigaax Ave., Suite 1600. SakdlvllJuu Rogulutluns Chicago, IL 60603. The American Planning ,~*ociation ha~ headquarterx om .... 1776 The Problem of Antiquated Subdivisions Ap ril Ma_uachusetts Ave., N.W., Wmhing~on. DC 2OO36, ~l righu re~¢~ed. '.'40 p~n of this p~bn~tion may be ~eVro~,~ o, ~tin~ i~ ~y form o,~r Vacating and Replatting Platted Lands May any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the American Planning Takings .~, ..... inn. Tahoe Agency Loses Suitum Case August Printed on recycled paper, including 50-70% recycled fiber · nd t05 po,t= .... me ...... 4~ Zoning Ordinances Zoning in Context December 4 JANUARY 1998 PLANNING ASSOCIATION Flexible Zoning: ,he survey and evaluation conducted for this issue of Z°ning News focus particularly on zoning ordinances that incorporate A Status Report on performance criteria and standards as fundamental determinants Performance Standards of appropriate land uses. The Fort Collins, Colorado, Land Development Guidance System and thc version of performance- based zoning espoused by Lane Kcndig arc perhaps the best- By Doug/as Per,er, AICP known examples of such an approach. Fort Collins and a number of other communities formulated Performance Adecade ago, I and several other authors examined and measures, including location and design criteria, which, with evaluated current practices in the usc of performance project rating systems, were used to determine the acceptability standards as a central element in regulating community of proposed devclopmcnu. In his 1980 book, Performance development. The resulting report, Flexible Zoning: How It Zoning, Kcndig provided the first comprehensive treatment of Works, was published in 1988 by the Urban Land Institute. At the time, it appeared that performance-based zoning was on the rise, propelled by planners' increasing frustrations with the rqJ~ limitations of conventional Euclid~m zoning. As I wrote in the r'~ zorlil~l foreword to Flexible Zoning: "thc concept.., has attracted many adherents with its promise of freedom from arbitrary clptDecirs to be ~ tis Q divisions of land uses, better control over site and building ~undolllefllcll ~l'OITI4~O~ ~ design, and more reliable public decision-making." klccll zorlil~, evefl c15 How has this concept weathered the years? Have local officials found performance standards a better alternative to p~.t_~ Iltec~ur~ ore conventional Euclidean zoning in making decisions about ~ ~ into community development? Do local planning and zoning ol}141~i.se ~)l'l~l administrators who deal routinely with performance provisions ............ continue to applaud their effectiveness? In other words, how OI'dirlo~eS. - have performance standards per~rme~ I A targeted sampling of experience with performance-based ordinances across the United States suggests two cross-cutting trends: first, several communities with long-standing experience the concept and offered a model ordinance that stimulated in using performance standards have returned to more interest in performance standards as a guiding principle of conventional zoning approaches; and second, performance zoning. Essentially, his approach focused on mitigating provisions appear to have found widespread acceptance as potential impacts of development by open space buffers--open significant elements in many otherwise conventional approaches space and density calculations play a major part in Kendig's to zoning. Performance standards, it seems, have ~gone model provisions. underground" but play an increasingly important role in This issue of Zoning News especially concentrates on zoning guiding development, for residential and commercial uses, building on the February · 1993 issue (and a subsequent Planning Advisory Service report) PerfOflllallCe. Based ~clbes that described trends and experience w!th industrial Peri:ormance zoning employs regulatory provisions that allow performance standards. consideration of specific quulities of a development site's Data on the current status of performance-based zoning was location and characteristics, including compatibility With obtained by a review of ordinance provisions and telephone surrounding uses. Such an approach guides choices of land uses interviews with local planning and zoning administrators in and development designs. Performance measures are spelled out nine communities: Fort Collins and Breckenridge, Colorado; in criteria and standards that replace prescriptive lists of Hardin County, Kentucky; and Largo, Floridamall zoning permitted uses and rigid density, lot size, and other systems analyzed in Flexible Zoning, plus Queen Anne's County, requirements for site and building design. Various approaches Maryland; Lake County, Illinois; Tallahassee, Florida; Flagstaff, to uses of Performance standards were described in APA's 1996 Arizona; and Pocatello, Idaho--all but Pocatello using zoning Planning Advisory Service report, Per, finance Standards for systems based on Lag. e Kendig's model. Growth Management. Flexible zoning applications include the widely popular planned unit development concept, industrial Findings performance standards, performance-based determinations of Performance-based zoning appears to be waning as a appropriate land uses, point systems for rating proposed fundamental framework for local zoning, even as performance developments, many types of environmental and open space measures are increasingly incorporated into otherwise standards, adequate public facilities measures, and the use of conventional ordinances. This evaluation demonstrates that the communirywide threshold and benchmark standards, bodypolitic in many communities views traditional prescriptive zoning as yielding more predictable results than performance defining appropriate types of uses. This new arrangement,was zoning, in part because prescriptive provisions seem simpler to contingent upon neighborhood determinations of compatibility. administer and less open to interpretation. Yet current Although it might have been possible to establish guidelines for ordinances increasingly employ performance measures to offer neighborhood reviews, the successful experience with land-use flexibility in mixing uses, clustering development, and regulations changed attitudes toward zoning, allowing the mitigating impacts of specific uses. The following discussion county to adopt the previously rejected practice of traditional highlights the most significant findings of this survey, zoning. The Search for Certitude. Communities' that previously Largo, Florida, also revised its performance-based ordinance employed some form of performance-based zoning as a central to conform more closely to conventional zoning. Its tenet in their land-use policies have since dropped that approach comprehensive development code, adopted in 1983, allowed a in favor of more conventional zoning practices. This decision considerable amount of flexibility for choices of uses. It also resulted from complaints about the lack of predictable outcomes employed impervious surface and floor area ratios instead of from applying performance measures, required setbacks, minimum lot sizes, and building height Fort Collins, a stalwart of performance zoning since adopting limits. Adapted from Kendig's ideas, the ordinance used buffers its Land Development Guidance System in 198 I, completed a to mitigate impacts of uses on surrounding uses. comprehensive revision of the ordinance in April 1997, thus Largo reverted back to conventional zoning because the city eliminating the option of negotiable planned unit is almost completely developed and zoning regulations, must developments. Such developments accounted for more than 90 address more site-specific concerns associated with percent of the community's new construction. The revision also redevelopment. As planning director Rick Goss puts it: "Now shifted many performance criteria from negotiable guidelines to everyone's a neighbor." Residents have an interest in assuring mandatory requirements, compatibility of proposed development with existing uses. The action came after years of mounting pressure by Neighborhood and corridor plans are now underway in Largo, concerned citizens and public officials. Many considered the with the new ordinance providing more assurances for uncertainties over land use on parcels of property that had yet to neighborhood input and mitigation of development impacts. be developed. Concern also arose over the redevelopment, or The flexibility offered by performance-based zoning would infill, of in-town parcels for uses some deemed incompatible inevitably create anxiety in jurisdictions with growing with the neighborhood, populations. In Fort Collins and Largo, both maturing cities, The new ordinance provides assurances through its the expanding cadres of longsime residents assured a constant straightforward list of zoning districts that cites specific watch over development proposals, leading finaltv to desires for permitted uses and its requirement that either a hearing officer more protection from unexpected consequences ~f or the planning and zoning board rule on all permits. Bob development. Although performance criteria and standards Blanchard, director of current planning for Fort Collins, refers supposedly provide such protections, they were perceived as to the new ordinance as "a hybrid," since it retains many of the unreliable in application. design and amenity incentives of the old ordinance within the Frmtration u~ith Complexity. Another problem that format of conventional zoning districts and regulations, surfaced was the complexity of decision-making procedures Lake County, Illinois, in suburban Chicago, is in the process required by performance-based ordinances. Although of revising the Kendig-formulated performance-based ordinance performance criteria and standards provide a framework and adopted in 1988. The new ordinance will unify a traditional discipline for decisions, they alsq require analyses of the zoning approach with subdivision, sign, and other regulations, conformance to those measures and the extent of impact Sheel Yajnik, principal planner for the Lake County mitigation necessary for specific development proposals. Department of Planning and Development, claims that They do not allow the typical yes/no decision of performance zoning worked well in situations that allowed, for conventional Euclidean zoning. In addition, zoning .example, some mixed-use development in residential administrators found that the rationale underlying the neighborhoods. The flexibility of the regulations, however, performance measures was difficult for laypeople, public raised concerns over the unpredictability of land-use decisions, officials, .and even planners to understand and accept. especially in regard to commercial and industrial uses. "The Such was the case in Queen Anne's County, Maryland, safeguards are there," says Yajnik, "but the fact that specific uses which in 1987 adopted a performance-based ordinance modeled · and site design requirements axe not locked in caused concerns." after Kendig's proposals. Like ordinances elsewhere, its Hardin County, IGmmck'y, dropped its flexible zoning provisions included floor area ratios, impervious service ratios. provisions, adopted in 1984, when a court ruled that the open space multipliers, and natural resource multipliers. There county's non-mapped policy plan and negotiation-based zoning were also different provisions for buffering requirements for decisions gave property owners too litde assurance about their each zoning district. development rights. As a rural county seeking control over County planners found that a typical subdivision plat might development, but abhorring typical zoning, Hardin County require two to three pages of mathematical formulas to created a single zone that allowed considerable latitude for determine appropriate densities and open space reservations. The provisions also required a considerable amount of day-to- day interpretation which, if not rigorously recorded, led to Douglas R. Porter is president of the Growth Management varying results and inevitable conflicts. The system was difficult Institute in Chevy Chase, Maryland. He would like to express to explain to developers, citizens, and county officials. appreciation for the cooperation of local planners in the nine Over time, adjustments made to simpli~ provisions or sample communities and to Chuck Bohl, a plannin~ student at the resolve issues seemed to make matters worse because ir was University of North Carolina, who conducted an initialsurvey of difficult to track relationships among the different ratios and performance-based systems for thh report, multipliers. Incidentally, the county's planning director, Steve admitted Zeigler, that Kendig warned them that altering ratios (about 44~percent of the planned urban service area) in mixed- and multipliers was a tricky business, use zoning categories that incorporated performance factors Ultimately, the multiple amendments rendered the ordinance such as impacts on adjacent uses and facilities. Three years later, user-unfriendly. Officials in Queen Anne's County made the city and county officials concluded that the approach was faulty, decision to adopt a more comprehensible land-use policy. A due in part to the unpredictability of allowable land uses. The traditional ordinance is now in preparation by the staff, results were delays for developers, uncertainty for residential Pocatello, Idaho, officials went through a similar experience neighbors, and a contentious review for zoning administrators. with an ordinance adopted in 1981. It included performance The comprehensive plan was revised to allow for nine types of standards for residential development and used open space development patterns within mixed-use areas. Armed with a multipliers based on a site's physical geography, surrounding new GIS data system that assured accurate rezoning, the uses, and other factors to determine maximum densities and planning staff proposed 23 new zoning districts. The new minimum tot sizes. Like Queen Anne's County planners, zoning became effective on November 1, 1997. Although the Pocatello officials found it difficult to administer and too new districts will be prescriptive in nature, they will continue to complicated to explain to users. Two years ago, the staff permit some flexibility of use in conformance with the initiated a major revision to simplify the ordinance. Some comprehensive plan. performance standards were kept as regulatory requirements, Largo's ordinance revisions retained the concept of buffers but the ordinance ultimately adopted a more conventional but rewrote the requirements to enlarge them and add more Euclidean format. In addition, the authors of the new landscaping. Largo planners will also continue mitigating provisions are attempting, in their words, to "reduce the impacts to achieve compatibility between old and new uses. The verbiage and jargon" and make the code more user-friendly, new ordinance requires developers to meet with neighborhood Largo's planning director, Richard Goss, observed that the residents and it furnishes some ground rules for the discussions - Class 2 "flexible" zoning option was regarded as cumbersome that, as planner Rick Goss puts it, "take a lot of the political and complicated for planners and developers alike, accounting crap out of the process." for its infrequent use by property owners. The new ordinance in Queen Anne's County will use a "Conventional Plus" Zoning. Communities replacing different, but growing, technique to allow flexibility: performance-based ordinances with conventional zoning conditignal zoning provisions. If spelled out in the ordinance, approaches are not dropping performance standards altogether, these provisions permit many uses within various districts. They In fact, a look at the new ordinances reveals that such standards must meet certain criteria, however, which can be written as continue to play a major role in guiding development, echoing performance measures. Some ordinances simply provide a list of the assimilation of performance provisions in zoning ordinances such factors to be considered in the approval process. nationwide. Over the past two decades, the science of zoning techniques has matured as planners have gained experience with performance measures such as open space ratios, floor area ratios, buffers, and impervious surface ratios. Clustering and Community Number hillside provisions, mixed-use districts, and stream valley protection requirements, which often function much like Brecken?idge, Colorado 970-453-3160 performance measures, have become commonplace. In Flagstaff, Arizona 602-774-5281 returning to conventional zoning formats, communities are Fort Collins, Colorado 970-221-6750 retaining many of the same performance measures seen in their previous ordinances. Hardin County, Kentucky 502-769-5479 In Fort Collins, for example, most of the previous Lake County, Illinois 847-360-6330 performance criteria and standards are incorporated into the Largo, Florida 813-587-6700 new ordinance. Criteria formerly used to evaluate projects by Pocatello, Idaho 208-234-6184 assigning points for approval are now requirements for project ratification. The old performance standard for landscaping, for G}ueen An'ne's County, Maryland 410-758-1255 example, asked planners how the landscape plan supported Tallahassee, Florida 850-891-8600 functional needs such as visual screening and climate control. They also had to determine how the standards enhanced the aesthetic appearance of the site and neighborhood and how they Conventional zoning in many communities, therefore, integrated and buffered existing natural areas. Four pages of appears to be assimilating performance criteria and standards in potential examples illustrated ways to achieve that criterion, a variety of forms, making them less conventional, but more In the new ordinance, 11 pages of landscape provisions are flexible, in application. spelled out as requirements, providing for tree preservation and replacement, minimum diversity proportions for plant species, specific buffer techniques, and other detailed provisions. Some Of the nine communities contacted, Breckenridge and Flagstaff flexibility in decision making is retained, however, through the have retained their performance-based zoning. Breckenridge's use of "alternative compliance options" and standards as development code, adopted in 1978, divides the town into 42 minimum requirements, which can be exceeded as appropriate, districts for which land-use guidelines specify such factors as In addition, each residential zoning district establishes an intensity of use and acceptable uses. All projects are subjected to average density that allows density variations within a site. evaluation using 30 absolute and 11 relative policies that create Tallahassee and Leon County, Florida, adopted joint zoning a point score. Projects may add amenities, design features, and in 1992 that reflected comprehensive planning policies calling extra infrastructure improvements to offset negative qualities. for mixed-use development. The zoning placed 70,000 acres According to Mark Leidal, the director of current' planning, the town has made minor adjustment~ m the policie~ and point versatile than tennis or basketball courts. Therefore, gro~ups awards, but th~ basic structure of the ordinance remains intact, of children may be more inclined to congregate around these He indicated that the ~ystem is too labor-intensive for the 30 to facilities for considerable periods of time. Proponents of the 50 major permits issued each year: Sport Courts feel this is precisely the reason to have one in FlagstaftVs ordinance, adopted in 1991, u~ed traditional the yard. Concerned parents can keep a close watch over zoning for developed atea.~ but employed the Kendig model for their children and the friends they associate with. areas still vacant. According to zoning administrator Mark Still, many residents feel such facilities are more appropriate Young, the approach ha, been satisfactory t~us far, although the in a public setting. One Naperville councilman commented that staff has made some minor revisions. Young indicated that staff Sport Courts have aesthetic problems that surpass backyard must interpret some requirements to provide for flexibility in swimming pools. Local officials tend not to agree but still want applicauon. However, this is an almost universal need in the to reconsider how these facilities are regulated. Historically, zoning game, performance-based or not. community planners would consider such a facility a detached accessory use, much like a tennis court or pool. COIICluSJOlIS Naperville's chief planner, Jerry Dudgeon, says that Sport This survey suggests that the once-hetalded promise of Courts in his community will probably retain their status as performance zoning is being fulfilled more through specific detached accessory uses. Any change will come in the form of a applications than dramatic changes in zoning approaches. An text amendment for lighting the facilities. Naperville's .detached increasing number of planners have become familiar with the accessory uses are restricted to a rear yard, may be located a performance concept and measures. Applying them to minimum of five feet from the lot line, and maintain a floor traditional zoning formats provides some flexibility in area ratio of less than 25 percent of the backyard, or 480 square determining uses as well as design and other factors. Although feet, whichever is less. A meeting is planned with the president camouflaged by adaptive zoning management, performance of Sport Court of Northern Illinois to determine how best to zoning is alive and well. handle the issue. Michael Davidson Sport Court Call for Controversy Information A new recreational facility characteristically called a Sport Court Zoning News is seeking information concerning the training of has transformed some suburban yards into virtual city parks. The planning commissioners. Materials should include effective courts, which consist of a concrete pad covered with soft rubber, training processes, special techniques, and implementation of have become somewhat of an indulgence for active back'yard training programs. This material will be used in a future issue of enthusiasts. Sport Court of Northern Illinois, which manufac- Zoning News covering this topic. Please send information to tures and installs the facilities, discovered an emerging market in Mart3, Roupe, Research Department, &PA, 122 S. Michigan the Chicago area and hoped to install 40 such courts in 1997. Ave., Suite 1600, Chicago, IL 60603-6107, or fax to him at Grid marks and lines painted on the courts permit a myriad 312-431-9985. of recreational uses, ranging from hopscotch to hockey. The courts also include equipment for basketball, volleyball, tennis, hockey, in-tine skating, and skateboarding. They range in size A suburban family in fast-growing Naperville, Illinois, recently installed' the community's first Sport Court. Nuisance factors associated with the facility prompted ~'~1 ~B~apInt ~' neighboring residents to circulate a petition calling for the.. Public Officialsl I Seurce Be~k city to deny the homeowner a permit. The courts come US EPA and the Northeastern Illinois Planning Commission, equipped with overhead lighra and are a mecca for Helen Tsiapas, US EPA, Region 5, '77 W. Jackson Blvd., AE-17J, neighborhood chilcham. Unlike swimming pools, they have a Chicago, IL 60604. 81 pp. 199Z Free. considerably longer playing season and are mt/ch more Looking for an alternative to conventional landscaping? This source book discusses the benefits of natural landscaping, ' including water conservation and pollution control. It also zo~t~g ~v~ ~, a money n~e~.~ p~ed ~y the ~m~, et~mi,g ~,~ia,~on. explains the basic principles of natural landscaping and the Subscriptions ~rc available for SS0 (U.S.) and S65 (foreign). Frank S. So, Executive Director; William R. Klein. Di ....... f V.~. feasibility of using it successfully with midwestern climates and Zoning N~vs is produced at APA. Jim Schw.~b and Mil~ D~vid~n. Fa:limm Shannon soil types. It provides ways for local officials to encourage the Armstrong, Chris Burke, Fay Dolnick. Sanjay Jeer, Meg~n Lewis, Marya Morris. Martin Roupe, Jason Wittenberg, Reporters; Cynthia Cbe~ki. A.~xant Editor; Li~a Bm-ton. Design ~nd growing trend of natural landscaping, offers tools and v~o~,~io~, techniques, and provides direction to other sources of Copyrisht © 1998 by American Planning Araoe.~tion. 122 S. Michigan Ave.. Suite 1600. Chicago, IL 60603. The American Planning A.*aociation ha~ he~dquarten officm at.!776 information and expertise. Finally, the source book identifies ~h~=~ ^~.. ~.~v.. W~hi~on, t~c 20o~s. methods to avoid both poorly implemented natural All righu re~erved. No pat~ of this publication may be r~ptoduc.~:l or utilized in any form or by landscaping and local governmental problems. Although any means, electronic or mechanical, including photocopying, recordins, or by any information .... age and retrieval ~ ..... ithou~ permiuion in writing from the American Planning geared toward the Midwest, the same principles of planning ~ ..... in,. and implementation can be applied to natural landscap,ng Printed on recycled paper, indudin~ 50-70% recycled fiber ~ 10~0 po,,~on,~ ........ ~ efforts around the country. Page 6 -- December 24, 1997 Z.B, Z.B. December 24, 1997 --- Page 7 public place, placing a dumpster and recycling bins on it, and surrounding it ali The city could amend its zoning ordinance under its police powers whenever · wiih a fence,,would impacl the sightliness and historic integrity of the district, it determined circumslances and conditions warranted such changcs~ In this Moreover, the jn¢lge reasonably concluded Foster didn't show the denial of case, the setback restriction served no purpose when applied to properties th~ permit would result in unreasonable economic hardship to Ihe condominium, bounded by abandoned streets. For this reason, the city council l'ound it in thc see also: Committee of !00 on the Federal City v. District of Columbia best interests of the public to amend the definition of corner Iols. This decision Department of Consumer & Regulatory Affairs, 571 A.2d 195 (1990). clearly rested in the sound discretion of the council. see also: Kalorama Heights Limited Partnership v. District of Columbia The amendment was not arbitrary and did not singularly benefit the Department of Consumer & Regulatory Affairs, 655 A.2d 865 (1995). Lauridsens. It applied to all properties in Ihe city, including a number of other properties bounded by abandoned roads. Zoning Change ~ City amends definition of 'corner lot' so owner can The Shrivers were nol entitled lo damages based on the anticipated build garage construction of a garage on the Lauridsens' property. They had no right to an Shriver v. City of Okoboji, 567 N. W. 2d 397 (Iowa) 1997 unobstructed view across a private lot that complied wilh all applicable zoning The Lauridsens bought a lakeshore lot on West Okoboji Lake in Okoboji, restrictions and setback lines. iowa, in the early 1980s. The Shrivers had owned an adjacent lot since 1947. see also: Neuzil v. City of iowa City, 451 N. W. 2d 159 (1985). The street abutting bolh lots was not open to vehicular traffic, see also: Mohr v. Midas Realty Corp., 431 N. W. 2d 380 (1988). In 1983, the Lauridsens applied to the city for a building permit to add an attached garage to their existing house. The city's zoning administrator denied Notice ~ Did citizens' appeal of board's decision meet state notice their request based on a city zoning ordinance that required a 25-foot setback .requirements? for "corner lots." At the time, the ordinance defined a "corner Iol" as a lot Ray v. Douglas County, 941 P. 2d 558 (Oregon) 1997 - located at the intersection of two or more streets. The Yards sought approval from Douglas County, Ore., to operate a recreation- The Lauridsens applied for a variance, which the city board of adjustments al vehicle campground. The county granted the Yards a conditional usc pcrmil. denied. Ray and other neighbors challenged the county's decision to grant Ibc pcrmil. In 1994, the Lauridsens became interested in selling their property. Seeking The county's Land Use Board or Appeals sent the issue back to the county for to enhance Iheir property's value, they sought a determination from the zoning reconsideration. It notified Ray and the others of its decision by mail on Feb. 6, administrator that their lot was not a corner lot. The zoning adminislrator denied 1997. Later, believing it forgot to notify all the parties involved, the board their request, finding their lot was a corner lot as defined by the ordinance, again sent notice of its decision on Feb. 12. Ray received both mailings. The Lauridsen.~ appealed to court. The court upheld the zoning Ray asked a court to review the board's decision. Under state law, such administrator's finding, and the Lauridsens appealed again, appeals had lo be filed within "21 days following the date [the board] delivered While the L'~uridsens' appeal was pending, their lawyer asked the city or mailed the order lbeing appealedJ." Ray filed an appeal on Feb. 27 -- 21 council to amend the definition of "corner lot" in the zoning ordinance. The days after he received the Feb. 6 notice. council amended the ordinance to redefine a corner lot as a lot located at the State law also required that parties seeking court review notify Ihe opposing intersection of Iwo or more streets "designed to accommodate licensed motor party "by registered or certified mail" within tile 2 l-day time limil. Ray scm vehicular Iraffic." Under Ibc amended ordinance, the Lauridsens could build Ibc Yards (the opposing parly) notification by ordinary mail. The Yards received the proposed garage because their property was not a corner lot subject to the it Feb. 28 -- 22 days after Ray received Ihe board's Feb. 6 notice. setback requirement. The counly asked the court to dismiss Ray's appeal, arguing Ray failed to The Shrivers sued the city, asking the court to declare that the amended nolify Ihc Yards wilhin the time limit. Ray objcclcd. Itc claimed the lime limil ordinance was invalid. They claimed the city council acted illegally and didn'l slart to run unlil Feb. 12, Iht date of Ihe board's second mailing. a~'bitrarily. They also sought damages based on the decreased market value ill' DECISION: Appeal dismissed. Iheir properly, arguing that a garage built on the Lauridsens' property would Ray failed lo comply wilh the slale's notice rcqt. ircmcnt, so hc could not impair their view of the lake. apl,cai thc board's decision. Thc court dismissed the Shrivers' claims, and the Shrivers appealed, Ray had 21 days h) nolify lilt' Yards ~)l' }lis apl)cai, starling fro[i} thc diilc Itc DECISION: Affirmed. gol Iht board's first Jeller. Thai Iht board twice nolificd Ray ol' ils decision · The Shrivers failed to prove Ihe zoning amendment was illegal or arbitrary, didn't change tile I'act Ihal Ray knew abonl Iht decision Feb. b. I Ic had unlil . which Ihcy had Io do lo overcome the slrong presumplion in favor of its validily. Feb. 27 lo holily Ibc Yards ol' his appeal. Thc Yards received nolicc on Feb. 28, P_,age 2--January I0, 1998 Z.B. ( Z.B. January I0, 1998- l'agc 3 First Amendment-- City bans all home office signs on single-family homes of home businesses, it merely prevented homeowners from posting signs Iouting City of Rochester Hills v. Shultz, .568 N.W. 2d832 (Michigan) 1997 their wares. The city invited owners to advertise their home occupations in Schultz owned a house in a single-family zone in the city of Rochesler olber media, such as phone books, Ihat could increase commercial aclivily within Hills, Mich. She sold beauty products from her home, and hung a large sign residential zones. from a tree on her'front lawn to advertise her merchandise and solicit distributors. Similarly, the ban didn't directly advance the city's interests in aeslhetics. A cily ordinance allowed homeowners to conducl home occupations al their Home occupation signs represented a small portion of the total signage the city residences subject to limilalions, one of which (vax that the business didn't did allow ~omeowners, churches, and businesses to post in single-family areas. "cause the erection or mainlenance of any signs." Homeowners, churches, and The city allowed subdivision, real estate, model home, street number, name, businesses could, however, post in single-family areas: signs at entrances of and political signs, as well as the flags of any state or nation. The city never subdivisions; real cslate development signs; signs inviting the public to tour even tried to show that home occupation signs were more offensive Ihan thc model homes; signs containing streel numbers and the owner's name; danger plethora of signs it allowed in single-family areas, which was necessary lo prove signs; flags of any state or nation; signs bearing any message posled inside the total ban of home occupations signs would directly advance ils intcresls in windows; signs indicating lhe date of erection of buildings: polilical signs; and maintaining aesthetics. garage sale signs. Finally, the ban was not a content-neutral, reasonable "time, place, and The city issued Shultz a rickel for erecting a sign in violation of the home manner" rcslriction. The ban. was nol content neulral because it didn'l equally occupation ordinance. Shultz asked the court to dismiss the ticket, arguing the prohibit all commercial signs in residential areas. Real estate developers could ordinance was an unconstilutional prohibition of commercial speech, build signs directing the public to subdivisions and model homes, and owners Both the cily and Shullz agreed Schultz's sign deserved conslitulional could have garage sale signs. Homeowners could conceivably place advertisements prolection because il concerned a commercial activity and wasn't misleading, in Iheir windows for businesses unrelated lo home occupations because the city They also agreed the city's asserted interests -- in maintaining the nature and didn't ~'egulate signs inside buildings and visible through windows. character of residential neighborhoods by permitting "only minimal, inciden- see also: Central Hudson Gas ~ Electric Corp. ~: New York Public Service iai, non-disruptive commercial aclivity within residential zones" and maintain- Commission, 447 U.S. 557, I00 S. Ct. 2.743, 65 L. Ed. 2d .741 (1980). lng "aesthetics, property values and Iraffic safety by keeping residential see also: State University of New York Board of Trustees v. Fox, 492 U.S. neighborhoods free of visual clutter"--were substantial government interests. 469, 109 S. Ct. 3028, 106 L.Ed. 2d 388 (1989). This meant the city had to prove its ban on home occupation signs directly advanced its interests in maintaining the character, nature, aesthetic quality, Variance -- State challenges variance granted by county board property values, and safety of residential areas. State v. Kenosha County Board of Adjustment, 569 N. W. 2d 54 Thc cily argued thc ban on home occupations signs directly advanced its (Wisconsin) 1997 interests "by permitting only minimal, incidental, non-disruptive commercial Huntoon owned six adjoining lakefront parcels in Kenosha County, Wis. activity within residential zones." The city also claimed the ordinance was a Her house was on the only developed parcel. The property had been in her content-neutral, reasonable "time, place, and manner" restriction on protected family for about 60 years, and the house was built before Ibe county had setback speech and was therefore constitutional, requirements. Thc court agreed with Shultz, ruling the city could regulate, but not flatly Huntoon applied to the county board of adjustments for a variance from an prohibit, home occupation signs. I! dismissed the complaint against Shultz, holding ordinance that required a 75-foot shoreline setback. She wanted to build a 14- the ordinance was an impermissible restriction on protected commercial speech, by 23-foot deck on the lake side of her house. The deck would reduce the The city appealed, existing 78-foot setback to 64 feet. DECISION: Affirmed. The state Department of Natural Resources recommended that the board The court properly dismissed the charge against Schultz. The ordinance was an deny Huntoon's request, stating she couldn't meet the statutory "unnecessary unconstitulional, content-based reslriction on protected commercial speech, hardship" requirements. The city failed to prove its ban on home occupation signs directly advanced Following a public hearing, the board granted Huntoon's request. The state its interests in maintaining the character, aesthetic quality, and safety of asked a court to review the board~ decision. A month later, the board held residential areas. By banning signs advertising home occupations, the city had another public hearing, apparently prompted by a letter from thc natural not ensured that commercial activity within its residential zones would be resources department, and again granted Huntoon's request. minimal, incidental, or non-disruptive. The ban did nothing to stem thc growth The board found ttuntoon's hardship was not self-created, hOling the case