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030398 Planning AGENDA PLANNING COMMISSION MEETING OF MARCH 2, 1998 ' CITY OF NEW HOPE, MINNESOTA - 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT ITEMS 4. PUBLIC HEARINGS 4.1 Case 97-31 Ordinance No. 98-04, An Ordinance Amending the New Hope Zoning Code by Reducing the Rear Yard Setbacks in the R-1 and R-2 Zoning Districts and Amending the Setback Regulations on Collector Streets and Thoroughfares, City of New Hope, Petitioner 4.2 Case 96-27 Comprehensive Plan Update 5. COMMITTEE REPORTS · 5.1 Report of Design & Review Committee - Next Meeting: March 19 at 8 a.m. (Please allow 2 hours for meeting, as we anticipate 5-6 applications.) 5.2 Report of Codes & Standards Committee - Next Meeting: March 25 at 7 a.m. 5.3 Report of Comprehensive Plan Update Committee - Next Meeting - March 24 at 5 p.m. 6. OLD BUSINESS 6.1 Miscellaneous Issues 7. NEW BUSINESS 7.1 Review/Approval of Planning Commission Minutes of February 3, 1998. 7.2 Review of Comprehensive Plan Update Committee Minutes of January 8, 1998. 7.3 Review of City Council Minutes of January 26, and February 9, 1998. 8. ANNOUNCEMENTS 9. ADJOURNMENT Planning Commission Guidelines for Public Input The Planning Commission is an advisory body, created to advise the City Council on land use. The Planning Commission will recommend Council approval or denial of a land use proposal based upon the Planning Commission's determination of whether the proposed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the surrounding neighborhood. The Planning Commission holds informal public hearings on land use proposals to enable you to learn, first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your questions and comments become part of the record and will be used by the Council, along with the Planning Commission's recommendation, in reaching its decision. To aid in your understanding and to facilitate your comments and questions, the Planning Commission will utilize the following procedure: 1. The Planning Commission Chair will introduce the proposal. 2. City staff will outline the proposal and staff's recommendations and answer any questions from the Planning Commission. 3. The petitioner is invited to describe the proposal, make comments on the staff report, and answer questions from the Planning Commission. 4. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The Chair may set a time limit for individual questions/comments if a large number of persons have indicated a desire to speak. Spokespersons for groups will have a longer period of time for questions/comments. 5. When recognized by the Chair, the person wishing to speak is asked to come forward and to give their full name and address clearly. Remember, your questions/comments are for the record. 6. Direct your questions/comments to the Chair. The Chair will determine who will answer your questions. 7. No one will be given the opportunity to speak a second time until everyone has had the opportunity to speak initially. Please limit your second presentation to new information, not rebuttal. 8. At the close of the public hearing, the Planning Commission will discuss the proposal and take appropriate action. A. If the Planning'Commission recommends that the City Council approve or deny a request, the planning case will be placed on the City Council agenda for the next regular meeting. Usually this meeting is within one to two weeks of the Planning Commission meeting. B. If the Planning Commission tables the request, the petitioner will be asked to return for the next Commission meeting. CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 97-31 Request: Ordir~ance No. '98-04, An Ordinance Amending the New Hope Zoning Code by Reducing the Rear Yard Setbacks in the R-1 and R-2 Zoning Districts and Amending the Setback Regulations on Collector Streets and Thoroughfares Location: PID No.: Zoning: R-l, Single Family Residential, and R-2, Single and Two Family Residential Petitioner: City of New Hope Report Date: February 27, 1998 Meeting Date: March 2, 1998 BACKGROUND 1. The City of New Hope is requesting consideration of an ordinance reducing the rear yard setback requirement for R-1 and R-2 zoned property and amending the setback regulations on collector streets and thoroughfares, pursuant to Section 4.034 of the New Hope Code of Ordinances. '2. In response to numerous variance requests prompted by home improvements or desired home expansions, the Codes & Standards Committee directed staff to review the City's building setbacks within the R-1 Zoning District. An initial review of these standards was prepared in July of 1996 by Northwest Consultants. In November of 1997, Northwest summarized the findings of the 1996 report and outlined staff recommendations for ordinance amendments. 3. Early recommendations for modifications to the City Code coming out of the Comprehensive Plan Update Committee also recommend changes to the Zoning Code to encourage reinvestment in residential properties. 4. The report prepared by Northwest includes a table that provides a comparison of New Hope's R-1 and R-2 lot area and setback requirements with zoning standards from surrounding communities. The table indicates that New Hope's R-1 setback standards are consistent with other communities with the exception of the rear yard setback. New Hope's 35-foot rear yard setback is the most restrictive of the five surveyed communities. 5. City staff are asking consideration to increase the building envelop of the single family lots to encourage reinvestment in its housing stock. Per the planner's report, a reduction of the rear setback from 35 feet to 30 or 25 feet would increase the buildable area of a minimum-sized lot by 8.1 to 16.1 percent. 6. Section 4.034(4)(b) of the New Hope Zoning Ordinance also impacts the building envelop of lots abutting the city thoroughfares. City staff has identified the required setbacks along street thoroughfares as being excessive in light of the City's fully developed status. Section 4.034(4) (b) Setbacks Alon.q Thorou.qhfares. Heavily used streets designated as collector streets, or thoroughfares, have special minimum setback needs and requirements: (i) Along the following thoroUghfares the minimum front setback shall be ninety (90) feet from the center line of the street or fifty (50) feet from the right-of-way line or seventy-five (75) feet from the center line of the street, whichever is the greater setback. 27th Avenue North 49th Avenue North Winnetka Avenue 36th Avenue North Bass Lake Road County Road 18 (including service roads) 42nd Avenue North " West Broadway Boone Avenue North (ii) Where the side yard is adjacent to one of the above named thoroughfares, the minimum setback shall be thirty-five (35) feet from the right-of-way line or seventy-five (75) feet from the center line of the street, whichever is the greater setback. 7. In conversation with the City Engineer, it was determined that the County has required a maximum of 80 feet right-of-way for their major thoroughfares in the City. The 80-foot right-of-way is seen as sufficient to accommodate fewer traffic lanes and yet provide for boulevards and sidewalks. In most cases, the full 80-foot right-of-way has been acquired along major New Hope streets. 8. In recognition of the 80-foot maximum right-of-way suggested by both Hennepin County and the City Engineer, it is staff's recommendation that Section 4.034(4)(b) be amended to reduce the front yard and side yard setback as follows. (i) Along the following thoroughfares a minimum front setback shall be seventy-five (75) feet from the center line of street or thirty-five (35) feet from the street right-of-way line, whichever is the greater setback. 27th Avenue North 49th Avenue North Winnetka Avenue 36t~ Avenue North Bass Lake Road County Road 18 (including service roads) 42nd Avenue North West Broadway Boone Avenue North (ii) Where the side yard is adjacent to one of the above-named thoroughfares, the minimum setback shall be thirty (30)'feet from the right-of-way line or seventy (70) feet from the center line of the street, whichever is th~ greater setback. These changes will expand the building envelop by ten feet in the front yard and five feet in side yards abutting the street. 9. - In summary, the proposed ordinance makes the following changes: · Reduce rear lot setback requirements from 35 feet to 25 feet. · Reduce front yard and side yard setback requirements along collector thoroughfares within the City. The amendment of these standards will allow for increased home improvements and expansions and encourage reinvestment in the City's housing stock. ANALYSIS 1. The Planning Consultant has prepared the enclosed reports on this amendment and will be present at the meeting to review these proposed changes. 2. The City Attorney has prepared the attached ordinance implementing these changes. 3. The Building Official has prepared the enclosed comments and graphics and is supportive of the changes. 4. City. staff have prepared the attached research on previous rear yard setback variance requests for your · information. 5. Lastly, the Codes & Standards Committee has studied and reviewed these proposed changes and supports the ordinance amendment. RECOMMENDATION Staff recommends approval of Ordinance 98-04. Attachments: Public Headng Notice Ordinance No. 98-04 11/20/97 Planner's Report 12/22197 Planner's Report (excerpt) Building Official Memo Research on Rear Yard Setback Variances NOTICE OF-PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE · BY REDUCING THE REAR YARD SETBACKS IN THE R-1 AND R-2 ZONING DISTRICTS AND AMENDING THE SETBACK REGULATIONS ON COLLECTOR STREETS AND THOROUGHFARES City of New Hope, Minnesota Notice is hereby given that the Planning Commission cf the City of New Hope, Minnesota, will meet on the 2"d day of March, 1998, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the.purpose of holding a public hearing to consider the adoption of an ordinance amending the New Hope Zoning Code. Said ordinance will have the affect of reducing rear yard setbacks to 25 feet in the R-1 and R-2 Zoning Districts. it will also reduce setbacks along coilector streets and thoroughfares to 75 feet from the centerline of the street or 35 feet from the street right-of- way line, whichever is the greater setback. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the zoning code amendment. Accommodations such as sign language interpreter or large printed materials are available upon request at least 5 working days in advance. Please contact the City Clerk to make arrangements (telephone 531-5117, TDD number 531-5109). Dated the 2nd day of February, 1998. si Valerie J. Leone '~/alerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 11~ day of February, 1998.) ~ Co~cK & SON~)R,~., P.A. . ATTORNEYS Ar L~W STEVEN A. SONORALL Edinburgh ExecUtive O~ce Pl~a ce~ ASSIST~T MICHAEL R. ~FLEUR MARTIN P. MALECHA 8525 Edlnbrook Crossing SHARON O. DERBY WILLIAM C. STRAIT* Suite ~203 Broo~ P~k, M~nesota 554~3 - TELEPHONE (612) 42~71 F~ (612) 42~7 January 2'7, 1998 Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: ' Ordinance Amending Rear Yard Setbacks in the 13,-1 and 13,-2 Zoning Districts Our File No: 99.49804 Dear Kirk: Please find enclosed a revised Ordinance No. 98-04 for consideration at the March 2, 1998 Planning Commission meeting. The Ordinance was revised in Section 2 to change 27th Avenue North to Medicine Lake Road, and County Road 18 to State Highway 169 per our discussion at the last Codes and Standards meeting. Also enclosed is a proposed public hearing notice for the March Planning Commission meeting. This Ordinance could not be considered at the February Planning Commission meeting because we could not meet the 10-day publication requirement of Minn.Stat. Chap. 462. Contact me if you have any questions or comments regarding the enclosed Ordinance or the public hearing notice. Very truly yours, Steven A. Sondrall slt Enclosures cc: Valerie Leone, City Clerk (w/enc) ORDINANCE NO. 98-04 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY REDUCING THE REAR YARD SETBACKS IN THE R-1 AND R-2 ZONING DISTRICTS AND AMENDING THE SETBACK REGULATIONS ON COLLECTOR STREETS AND THOROUGHFARES The City Council of the City of New Hope ordains: Section 1. Section 4.034 (3) "Setbacks" of the New Hope City Code is hereby amended to read as follows: (3) Setbacks. Ail setback distances, as listed in the table below, shall be measured from the appropriate lot line. Front Yard Side Yard Rear Yard R-1 30ii(a) (b)(c) 3~ 25 R-2 30(a) (b)(c) 3,5 25 R-3 30 20 35 R-4 35 20 35 R-5 35 20 35 R-O 35 10(b) 35 ' B-1 35(a) 10(b) 35 B-2 35(a) 10(b) 35 B-3 35 10 35 B-4 35 10 35 !-1 50 20 35 i-2 50 10(a) 35 Section 2. Section 4.034(4)(b) "Setbacks Aion.q Thoroughfares" of the New Hope City Code is hereby amended to read as follows: (b) Setbacks along Thoroughfares. Heavily used streets designed as collector streets, or thoroughfares, have special minimum set back needs and requirements. (i) - Along the following thoroughfares the minimum front setback shall be ninety seventy-five feet from the center line of the street or fifty thirty-five feet from the street right-of-way line, ....... *-'-~-.'- *".~* ~--'" ~' .... *'-- ""~ -'* ~'~ ~-'---* whichever is the greater setback. 27th Avenue North 36th Avenue North 42th Avenue North 49th Avenue North Bass Lake Road West Broadway Winnetka Avenue County Road ~18 (including service roads) Boone Avenue North (ii) Where the side yard is adjacent to one of above named thoroughfares, the minimum the setback shall be thirty-five feet from the right-of-way line or seventy-five feet from the center line of the street, whichever is the greater. Section 3. This ordinance shall be effective upon its passage and publication. Dated this day of ,1998. W. Peter Enck, Mayor ATTEST: Valerie Leone, City Clerk (Published in the New Hope-Golden ValleY Sun Post on the ~ day of , 1998.) N MEMORANDOI~I TO: Kirk McDonald FROM: Dan Sjordal/Alan Brixius DATE: 20 November 1997 RE: New Hope - R-1 Setbacks *' FILE NO: 131.00 - 97.14 BACKGROUND In response to numerous variance requests prompted by home improvements or desired home expansions, the Code and Standards Committee directed staff to review the City's building setbacks within the R-1 Zoning District. An initial review of these standards was prepared in July of 1996. With this report, we have summarized the findings of the 1996 report and outlined staff recommendations for ordinance amendments. Attached for reference: Exhibit A - Zoning Map Exhibit B - R-1 District Plat Exhibit C - Setback Illustrations Exhibit D - Front Yard Setback on Thoroughfares ISSUES ANALYSIS Setbacks. The following table provides .a comparison of New Hope's R-1 and R-2 lot area and setback requirements with zoning standards from surrounding communities. 57.75 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 6 PHONE 6 I 2-595-963~ FAX ~ I 2-595-9837 City Min. Min. Setbacks Lot Lot Size Width Front Side Side Side Rear Rear .' (comer) (accessory) (accos~o~) New 9,500'-- 75 ff... 30 ft. 10 ff. 20 ff. 5 fL 35 ft. 5 ft. Hope sq.fL Brooklyn 9,500 75 fL 35 fL 10 ff. 25 fL 3 fL 25 fL 5 ff. Center sq.fL Golden 10,000 80 fL 35 fL 15 ft. or n/a 5 fL 20% of 5 ft. Valley sq.fL 15% of depth Plymouth 7,000 65 fL 25 fL 8 fL 25 ft~ 6 ft. 25 fL 6 ft. sq.fL St. Louis 9,000 75 fL 35 ff. 6 ft. 15 fL 5 ft. 25 ft. 3 ft. Park sq.ft. The preceding table indicates that New Hope's R-1 setback standards are consistent well with other communities with the exception of rear yard setback. New Hope's 35 foot rear yard setback is the most restrictive of the five surveyed communities. The City wishes to increase the building envelop of its single family lots to encourage reinvestment in its housing stock. A reduction of the rear setback from 35 feet to 30 or 25 feet would increase the buildable area of a minimum sized lot by 8.1 to 16.1 percent. While we would recommend a reduction of the rear yard setback, we would not suggest going below a 25 foot setback so as to preserve the residential privacy and enjoyment of the rear yard. In addition, the City may be considering reducing the 30 foot front yard setback to 25 feet. This would allow for additional building area on individual lots. Exhibits C-3 and C-4 illustrate this change. In conjunction with the rear yard setback reductions, this could result in a building pad increase of a minimum sized lot from 16.1% to 31.9%. Section 4.034 (4) (b) of the New Hope Zoning Ordinance also impacts the building envelop of lots abutting the City thoroughfares. City staff has identified the required setbacks along street thoroughfares as being excessive in light of the City's fully developed status. Section 4.034 (4) (b) Setbacks along Thoroughfares. Heavily used streets designated as collector streets, or thoroughfares, 'have special minimum setback needs and requirements: 2 (i) Along the following thoroughfares the minimum front setback shall be ninety (90) feet from the center line of the street or fifty feet from the · ' right-of-way line .or seventy-five feet from the center line of the street, ._- whichever is the greater setback. 27th Avenue North 36th Avenue North 42nd Avenue North 49th Avenue North Bass Lake Road West Broadway Winnetka Avenue County Road 18 (including service roads) Boone Avenue North (ii) Where the side yard is adjacent to one of the above named thoroughfares, minimum the setback shall be thirty-five (35) feet from the right-of-way line or seventy-five (75) feet from the center line of the street, whichever is the greater setback. In conversation with the City Engineer, it was revealed that the County has required a maximum of 80 feet right-of-way for their major thoroughfares in the City. The 80 foot right-of-way is seen as sufficient to accommodate fewer traffic lanes and yet provide for boulevards and sidewalks. In most cases, the full 80 foot right-of-way has been acquired along major New Hope streets. In recognition of the 80 foot maximum right-of-way suggested by both Hennepin County and the City Engineer, Section 4.034 (4) (b) can be amended to reduce the front yard and side yard setback as follows. The attached Exhibit D illustrates this amendment graphically. (i) Along the following thoroughfares a minimum front setback shall be seventy- five (75) feet from the center line of street or thirty-five ~35) feet from the street right-of-way line. whichever is the greater setback. 27th Avenue North 36th Avenue North 42nd Avenue North 49th Avenue North Bass Lake Road West Broadway Winnetka Avenue County Road 18 (including service roads) Boone Avenue North (ii) Where the side. yar~ is adjacent to one of the above named thoroughfares, minimum the setback shall be thirty (301 feet from the .- right-of-way line or seventy_ (70! feet from the center line of the street, - whichever is the greater setback. The aforementioned changes will expand the building envelop by 10 feet in the front yard and 5 feet in side yards abutting the street. City staff may wish to discuss whether the suggested 40 foot front yard setback along these thoroughfares should be reduced further. CONCLUSION The Codes and Standards Committee Should review the rear and froni yard standards within the R-1 Zoning District in order to determine whether they should be reduced as follows: · Reduce rear lot setback requirements from 35 feet to 25 feet. · Reduce front yard setback requirements from 30 feet to 25 feet. · Reduce front yard and side yard setback requirements along collector thoroughfares within the City. The amendment of these standards will allow for increased home improvements and expansions and encourage reinvestment in the City's housing stock. pc: Doug Sandstad' Steve Sondrall 4 City of' New. Hope SI/Cl-[ F,t~lll-T RESIOEKTIN. SCNIO~ CITIZEN A~SID~NTIAL RESIDENTIAl. OFFICE LIMITED HEIGHBORH~O ~USINESS RETAI~ BUSINESS AUTO ORIENTEO BUSINESS COMMUNITY SUSINESS LIMITEO INDUSTRIAL GENIAL INOUSTRIAL WET LAND Iklorthwest · Consultants, inc. Typical Lot Size/Dimension Lot ~dth: 85 fl. Lot Depth: 1t4 ~. I- 1 Lot Area: 9,690 ~q. EXHIBIT B I t~~e,~~'' I ;,- , · I l~~~.,-'I ; Ii ; I , ..;-LG~.. ~'~.~? ;4. ~.~.:-~;~;~, ' ~ k ..........~ ....... ~ ......... · E ~ .... . ..-'- . , - .... _ ~.-~,-~'~ · ~ . : (. -.._...- :.~<:':;:_. -.'~.~ .. I ,. . .:.: ~~ EXHIBIT C CENTERLINE OF COLLECTOR-- , 90' , 40' 50" ' * '-- EXISTING FRONT STREET R'O'W' OR PROPERTY LINE ~xt l 80' R.O~W:_ 1"=50' Existing Front Yard Setback on Collector CENTERLINE OF COLLECTOR 40' i 35° STREET R.O.W. OR PROPERTY LINE ~ ! I ~ROPOSED FRONT 1  I YARD SETBACK I 80' RJ).W. I I ', I 1 "=50' Proposed Front Yard Setback on Collector EXHIBIT D R-1 District Setbacks The Codes.and ~tandards Committee also considered making adjustment to the R-1 setbacks at their-December 17th ~eeting. While not favoring a front yard setback reduction from 30 feet to 25 feet, they were open to reducing the rear yard setback and setback along thoroughfares. In considering the reduction of the rear yard setback from 35 feet to 25 feet, they questioned whether a 10 foot setback reduction was sufficient to accommodate a home expansion. We indicated that typically the home depth did not consume the entire depth of the building envelope. As such the 10 foot reduction was a significant expansion of.the building envelope. To finalize this discussion, the Codes and Standards requested information on the typical depth of homes in New Hope and whether the.reduction of the rear yard setback by 10 feet would accommodate a significant expansion of these homes. If you have information with regard to standard home sizes and dimensions in New Hope and/or information on past rear yard variance requests, it would be helpful in addressing this issue. We would appreciate a response to the preceding items by the-12th of January. If you have any questions, please do not hesitate to call. pc: Kirk McDonald Steve Sondral PART II PRINCIPAL BUILDING SETBACKS IN R-1 & R-2 ZONES As part of our consideration before reducing cert.~in rear and front yard building setbacks, it will be helpful to review the 6xisting variety of typical properties in New Hope. We allow one principal building on all properties, other than PUD's. Typical graphics and copies of actual lot surveys are attached. These remarks do not apply to accessory buildings. Our minimum R-1 lot size, 9,500 sf, and lot width 75 feet, have not changed in decades. Different neighborhoods that were platted over our last 40 years, have varying street alignments and cul-de-sacs, resulting in true variety. We do not have any tiny lots or huge lots. · Average lot size is 9,700 sf, [ in a typical range from 8,800 to 11,400 sf ] · Average lot width is 78 feet [ in a typical range of 75 to 90 feet]. Please refer to E~hibit "T-i", attached, which illustrates a typical R-1 lot with a common rectangular home footprint. Exhibit "T-2" is the ssme lot with an "L"-shaped residence. Illustrated front setbacks are 35 feet, just like many of our homes. Exhibit "C-1" is a typical cul-de-sac lot with rectangular home. Note that the "Buildable Yards" in all 3 exhibits depict the expansion potential for the principal building [home]. In exsmple "T-2", expansion to the rear is very limited, even though this lot is 130 feet deep. Many of our lots are approx. 120 feet deep, yielding no expansion potential to the rear in the "L-shaped" exsmple. In most cases, the "T-i" sites have staple room for expansion to the rear. A reduced 25 foot rear yard setback would have little practical effect on "T-1", but major impact on '"F-2" doubling their "Buildable Yard"! Cul-de-sac lots are usually limited in rear yard depth, as evidenced by "C- 1", showing a basic rectangular home with only 10 feet to expand to the rear. Any larger home footprint results in even less expansion to the rear. Note that the generous rear yard area on this cul-de-sac lot does not compensate for the short rear setback. Both "T-1" and "T-2", with much smaller rear yard areas have a greater rear setbacks & expansion potential. A reduced 25 foot rear setback benefits "C-1" greatly ! continued... My knowlsdge of expansion potential and homeoWner interest suggest the following: · The percentage of homeoWners who have, or are likely to have, an interest in expansion within five years could b~ 15 %. THAT'S 750 !! · Between 10 % and 25 % of those, above, will have a rear setback complication, under existing codes. [75-188 homes]. · Are Expansions more common on larger homeS, with higher values and corresponding household income ? In many cases, these are deeper, fancier home floor plans or "L"-shaped. If that idea has merit, can it be predicted that the tiny, rectangular homes in Begin addition have lots of room to expand, but may do so less frequently because of ~nancial issues ? · New Hope has approx. 64 cul-de-sacs, with 0 to 6 shallow lots. Perhaps 50 % of the cul-de-sac lots would benefit froTM a rear yard setback reduction. · Between 5 % and 10 % of the lots, on streets other than cul-de-sacs, will benefit from a reduced rear yard serb'ack. · Reducing the rear setback encourages private investment in homes and C'reduces government '~eavy-handedness". · Dwelling expansion slightly increases the ~mount of impervious surface and runoff. · A reduced rear setback of 25 feet brings us into alignment with several nearby cities. · To some degree, a reduced rear setback may result in fewer accessory buildings and more principal building expansion. In exhibit "T-2", for exnmple, a standard garage addition [ 20-24 feet deep] cannot be built behind the existing garage, under today's code. They could build a detached rear building, however, without facing a Variance '~assle". · I have no concern that any R-1 construction will approach the 25 % of rear yard ratio, which was the subject of a few q.uestions. Our yards are just too big. I strongly endorse the concept of reducing rear yard setbacks in the R-1 zone to 25 feet. cc: Brixius, Sondrall, Cavanagh attachments [5] SCALE: · / ,~ / " " I I . .j.. · '...',., ~~ A~ ' i i "- '~ ~' ~T ' ~'~ ~' "X '. a~ ,~ ~d IoCahOn Of .~11 budXm~s ~he,OOn. an~ all ws~D!o encroachm,.,~,~S. ~f ,t~y. tfom Of on =e~o lan~. that th~S survey was ct ~ .....~,~ AS sur'.'e)O0 by "~,' t~,S '~ ~ay of ~TC~.. . 19 ~. Ff ,.' [--., _. .. po box ~ 9sseo. m~nnesota flS;:.,g .412~425-2181 r ..,, A~ZP', ~ .... . ~ -~ ~ ,, civil '' Certificate '\ planning environmental land surveying soil expioratLon · For We hereby certihj, that this is a true and correct representation of a survey of the boundaries of the land described above and of the location of all buildings thereon, and all visible encroachments, if any, from or on said land, that this survey was prepared by me or under my direct supervision and thai I am a duly Registered Land Surveyor under 'the laws of the State of Minnesota. As surveyed by me this %C~T~4 ___ day of C~c.-r'~-~%=~. . _, 19 -%(0 · ccr~ti~ p.o. box j. osseo, minnesota 55369 a (612) 425-2181 c~l~,~::f-,.~cl~c:~ January 5, 1998 REAR YARD VARIANCES - 1990 - 1997 PLANNING CASE NAME/ADDRESS REQUEST RESOLUTION # 96-34 Michael & Pamela Terres 24' variance 96-205 3809 Xylon Avenue Expand existing deck to 4- season porch (existing PC & CC unanimous porch is 21' from rear property line) 96-30 Richard & Patricia Bruins 10' variance 96-178 7251 40~h Avenue Garage addition PC & CC unanimous Non-conforming corner lot, addition to be' built on rear (narrow width) of property 96-16 Clifford & Elizabeth Miller 9' variance 96-121 4076 Ensign Avenue Sun room addition PC & CC unanimous 94-28 Robert Funk 6' variance 94-161 4052 Cavell Avenue (Corner lot - conforming property) PC unanimous Garage addition to rear of existing double garage CC I ,against/1 abstain 93-34 Richard Kleinbaum 7' variance 93-167 8309 Northwood Parkway Add enclosed porch to rear of house PC & CC unanimous Lot is only 105' deep 93-29 Kuo Moy 10' variance 93-161 7608 48th Avenue Construct 3-season porch onto existing deck PC & CC unanimous 93-24 David Pomije 16' variance 93-123 3233 Gettysburg Avenue Construct master bedroom/bath on rear of house PC I abstain Pie shaped lot CC unanimous 1983 previous owner granted 7' variance for family room addition 93-21 Michael Banker 5' variance 93-121 3501 Xylon Avenue Construct porch addition PC & CC unanimous 93-18 Virginia McDurmott 7' variance 93-112 , ~ 4058 Ensign Avenue Add 3-season porch and 2' bay window PC & CC unanimous 92-33 Michael & Arlene Reich 10.5' variance 92-210 2724 Aquila Avenue Construct 4-season porch PC 1 abstain (Corner lot - conforming) CC unanimous 92-32 Jack & Annette Nabedrick 20' variance at closest point 92-190 9009 42nd Avenue (Corner lot - conforming) PC & CC unanimous Construct 3-season porch January 5, 1998 REAR YARD VARIANCES - 1990 - 1997 PLANNING CASE NAME/ADDRESS REQUEST RESOLUTION ft 92-28 Duane Hoff 8' variance 92-177 PC & CC 4164 Ensign Avenue (Corner lot - conforming) unanimous 3-season porch to be added on top of existing deck 92-02 Michael & Theresa Gray 13' variance 92-35 3433 Gettysburg Ayenue 3-season porch to be added on top of existing PC & CC unanimous deck 91-35 Robert Lindell 4' variance 91-197 4741 Boone Avenue Construct 3-season porch PC & CC unanimous House is on major thoroughfare and therefore is set back 50' on front leaving a smaller rear yard 91-27 Robert Natzel 13' variance at closest point 91-173 7621 48th Circle Expand garage PC & CC unanimous Irregular shaped cul-de-sac lot 90-21 John Degnan 4' variance 90-152 5206 Quebec Avenue Tear down detached garage and construct double PC & CC unanimous garage in same location 90-18 James & Marlene Buckstein 5' variance at closest point 90-142 3224 Ensign Avenue Family room addition PC & CC unanimous 90-13 Sandra Wieland 7' variance 90-117 3541 Virginia Avenue Enclose portion of existing deck PC & CC unanimous ~ · COUNCIL REQUF~T FOR ACTION .- Originating Depa[Lment Approved for Agenda Dev~lopmentA~enda Section City Manager & Planning ~'~ 10-14-96 Item No. ]~'/:KirkManagementMCDonaldAssistant ~~/ 8.1 / PLANNING CASE 96-34, REQUEST F(~R A VARIANCE FROM THE REAR YARD SETBACK REQUIREMENT TO ALLOW EXPANSION OF AN EXISTING SCREENED PORCH TO A FOUR- SEASON PORCH AND A VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE, 3809 XYLON AVENUE NQRTH, MICHAEL & PAMEI_A TERI~I::R. PI:TITI(3NI:I~.~ The petitioners are requesting a variance from the rear yard setback requirement to allow expansion of an existing screened porch t° a four-season porch and. a vadance to expand a non-conforming home, pursuant to Sections 4.034(3) and 4.22 of the New Hope Code of Ordinances. The petitioners are proposing to expand an existing 10' x 13' (130 square feet) screened porch, located in the rear yard at the southwest comer of the home, and convert it to a 20' x 21' (420 square feet) four-season, main level porch. City code states that the rear yard setback requirement in a Single Family Residential Zoning District is 35 feet. The proposed porch expansion would be located 11 feet from the rear yard property line (at the closest point), therefore a 24-foot variance from the 3S-foot rear yard setback requirement is being requested. The existing home was constructed on this uniquely shaped cul-de-sac lot in 1962. The existing home does not meet the 3S-foot rear yard setback requirement, as the existing porch is located 21 feet from the rear property line. That is why a variance to expand a non-conforming structure is also being requested in conjunction with the rear yard setback variance. The property is located on a 9,500 square foot lot on the west side of the cul-de-sac where Xylon Avenue and 38~ Avenue North intersect. The property is located in an R-l, Single Family Residential, Zoning Distdct and is surrounded by single family homes on the north/east/south. The rear yard of the property, where the variance is being requested, abuts up to Northwood Park. The petitioners state on the application that the request is due to a shallow lot which was originally developed and built on in 1962. They state that the request should be granted because they would like to invest in the home and upgrade the current, somewhat confining, living spaces. ReView: Administration: Finance: RFA-O01 Request for Action PC96-34 Page 2 10-14-96 Staff find that there are s~veral criteria in the Code that may be met with this request: 1. "Undue Hardship" definitely pertain, since the shallow lot depth and origi.n.al home design, approved by the City, are beyond the control of the petitioner. The original lot was so shallow (83 feet deep at center) as to prevent any home from being built that complied with zoning setbacks in 1962. If the normal setbacks are applied to this property (30' front yard and 35' rear yard), only 18 feet remained for the depth of the home. 2. "Use Compatibility" is maintained with this porch request, as many of the homes in the area already have porches. No expansion investment is possible for this home without a variance. 3. "Light and Air," "Street Congestion,' and "Public Safety" protections in the code are met with this request. 4. "Property Values" preservation is met with this investment and such a porch addition would not alter the essential character of the neighborhood. The petitioner has submitted details on the porch addition that indicate that the porch will be sided with 12-inch masonite lap siding to match the existing structure and that the shingles (light gray asphalt) will match those of the existing structure. The one concern that was raised by the staff and the Planning Commission was the inconsistent roof styles. The existing house has a 4:12 roof pitch and the odginal porch addition plans showed the porch with a 2:12 roof pitch. The Building Official indicated that a roof with a 2:12 pitch would normally not have asphalt shingles and suggested that the petitioner consider a more consistent roof connection, such as a matching slope gable roof. The petitioner was agreeable to that recommendation and said he would submit revised plans pdor to the Council meeting. The Planning Commission considered this .request at its October 1 meeting and recommended approval, subject to the following conditions: 1. Building materials of addition to match existing structure. 2. Petitioner consider an upgrade in the roof design and meet with the Building Official to fine tune a more conventional and attractive roof line. Subsequent to the Planning Commission meeting, the petitioner has submitted revised plans with a revised roof pitch to match the existing house. The revised plans are acceptable to staff, therefore 'condition #2 has been eliminated from the attached resolution. Staff recommends approval of the resolution. ~ PLAN DECLARATION I~I=Y 'II-iAT I .4J~ THE PROP~OWNER PLAN ~S COM~ ~= <CU~. . RF~~T FOR ACTION Originating Depa~;,,~ent Approved for Agenda _ Ai!enda Section uev~lopment City Manager & Planning  9-9-96 Kirk McDonald Item No. ]~Y: Management Assistant ]~. . 8.2 PLANNING CASE 96-30, REQUEST FOR A VARIANCE FROM THE REAR YARD SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A GARAGE ADDITION, 7251 40TM AVENUE NORTH, RICHARD & PATRIClA BRUINS, PETITIONERS The petitioners are requesting a variance from the rear yard setback requirement to allow construction of a garage addition onto the existing garage, pursuant to Sections 4.034(3)(c) and 4.22 of the New Hope Code of Ordinances. The petitioners currently have an attached single car garage on the east side of the home. They are proposing to construct a 12' x 22.8' (274 square foot) addition onto the garage, which would expand the existing garage into an attached double garage. City Code states that the rear yard setback requirement in a Single Family Residential Zoning District is 35 feet. The proposed garage addition would be located 25 feet from the rear yard property line, therefore a ten(10) foot variance from the 35-foot rear yard setback requirement is being requested. * ' The property is located at the southeast intersection of 40~ and Nevada Avenues and the home was built in 1961 on the comer lot by the developer. These rectangular lots at the end of · the block were sized so that the homes could be built parallel to the narrow frontage of the lot, however, the home on this lot was built perpen;dicular to the narrow frontage. The Zoning Code definition of "Lot Frontage" states that "the front of a lot shall be . . . that boundary abutting a public right-of-way having the least width." Although the front of the house faces north, the Zoning Code defines the yard on the west side of the house as the front yard because the property has a narrower frontage on Nevada Avenue (77.5 feet) than it has on 40= Avenue North. (117.5 feet). While for all practical purposes it appears that the MOTION BY ~ SECOND BY - / -' / Review: Administration: Finance: RFA-001 ~ Request for Action PC96-30 ~Page 2 : 9-9-96 home owner is expan~ng the garage into the side yard where the usual setback requirement for an attached garag.e_would be five feet, the City Code defines it as an expansion into the rear yard where the setback requirement is. 35 feet. This Js what necessitates the 10-foot variance request. The lot contains approximately 9,106 square feet and the existing structure meets all setback requirements except on the south side yard where a four (4) foot variance was approved in 1984 allowing the property owner to construct a 12' x 14' porch six (6) feet from the south side yard property line. The petitioner states on the application that they want to add the single car garage addition to the existing single car garage to provide for two-car use and to increase the value of the home and future saleability. The plans show that the garage addition will match the style and pitch of the existing garage roof, with fiberglass asphalt shingles to be used. Siding and front brick will also match the existing structure. Staff find that several criteria .in the Code may be met with this request, as the garage addition would not alter the essential character of the neighborhood and the fact that the home faces the side yard is beyond the control of the current owner. The adjacent home to the east was also built facing the side yard and has a garage wall about fifty (50) feet away from the proposed new addition. It does not appear that any other double garage options exist on this lot and the proposed addition is only 12 feet wide and is not oversized. The Planning Commission considered this request at their September 3 meeting and recommended approval, subject to the following condition: 1. Exterior construction materials of addition to match existing structure. Staff recommend approval of the resolution. I hereby certify that Chis topographic survey of the above described Lot 2 was prepared by me or under my direct supervision and that I am a duly re~tered Land Surveyor under the law~ pf the. State of Mi~ota. Date June 26, 1984 Reg. Lo. 11508 t . REQUEST FOR ACTION Originating Depa~i~ent Approved for Agenda Develo~ Section City Manager/,~ t Planning Kirk McDonald } / 6-10-96 Item No. By: Management AssistantB~. / 8.1 PLANNING CASE 96-16, REQUEST FOR A VARIANCE FROM TIlE REAR YAP~ SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A SUN ROOM ADDITION, 4076 ENSIGN AVENUE NORTH, CLIFFORD AND ELIZABETH MILLER, PETITIONERS The petitioner is requesting a nine-foot variance from the rear yard setback requirement to allow the construction of a 12' x 18' sun room addition 26 feet from the rear property line, pursuant to Sections 4.034(3) and 4.22 - New Hope Code of Ordinances. The petitioner's existing "L- shaped" home is located 38 feet from the rear yard property line. City code states that the rear yard setback requirement in a Single Family Residential Zoning District is 35 feet. The petitioner is requesting to construct a 12' deep x 18' long sun porch on the east side (in the rear yard) of the existing home. The proposed sun room addition would be located twenty-six (26) feet from the rear yard property line, therefore a nine (~)) foot variance from the thirty-five (35) foot rear yard setback requirement is being requested. The property is located on a 9,690 square foot lot (1/5' x 114') and the existing structure meets all setback requirements. The property is located on the east side of Ensign Avenue, north of the intersection of 40 1/2 Avenue North. The property is located in a Single Family Residential Zoning District and is surrounded by single family homes on the north/east/south/west. Staff feel that several of the criteria may be met with this request, as follows: · A. "Undue hardship" ma~ pertain since the shallow lot depth and "L-shaped" original home design are beyond the control of the petitioner, and such a porch addition would not alter the essential character of the neighborhood. Review: Administration: Finance: RFA-O01 ~ Planning Case 96-16 Page 2 6/10/96 B. "Use compatibility" is maintained with this porch request, as many of the homes in the area already have porches. C. "Light and air," "street congestion" and "public safety" protections in the code are met with this request. D. "Property values" in the neighborhood should remain stable or increase with the porch addition. The topo map shows that there is extensive tree-shrub coverage in the rear yards of the homes just east of this property to provide a buffer to the addition. The porch exterior materials would be white enamel frame with windows. One concern that staff has is the inconsistency of roof styles. The proposed "shed-style" roof pitch (1:12) does not match the existing "gable-style" (4:12). A more attractive and Consistent roof connection would be a matching intersecting gable roof. Staff would suggest that the roof pitches should match, even if the "shed" style roof is not changed to a gable. The Planning Commission considered this request at their June 4th meeting and recommended approval, subject to the following condition: 1. Consideration be given to upgrading the-rbof pitch to match the house roof pitch of 4:12. Staff recommends approval of the resolution. C(~UBi(~IL ) . REQUEST FOR ACTION Originating Department Approved for Agenda A/!enda Section Development City Manager & Planning Kirk McDonald 10-10-94 Item No. By: Management Assistant By:. 8.5 ! PLANNING CASE 94-28 - REQUEST FOR A 6' VARIANCE TO THE REAR YARD SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A 20' X 20' GARAGE ADDITION 29' FROM THE REAR YARD PROPERTY LINE, 4052 CAVELL AVENUE The petitioner is requesting a 6 foot variance to the rear yard setback requirement to' allow construction of a 20' x 20' garage addition 29 feet from the rear yard property line, pursuant to Sections 4.034(3) and 4.22 -New Hope Code of Ordinances. The petitioner is proposing to construct the 400 square foot garage addition on the rear (east) side of the existing garage; it would be an extension of the existing garage, which is attached to the home. The garage addition would be located 20 feet from the comer side yard property line, similar to the existing garage, and meets the side yard setback requirements. The proposed addition would be located 29 feet from the rear yard property llne and the rear yard setback requirement in the R-1 Zoning District is 35 feet, therefore, a 6 foot variance from the 35 foot rear yard setback requirement is needed. The property, which is located at the northeast intersection of 40 1/2 Avenue North and Cavell Avenue, is located in an R-I, Single Family Residential Zoning District and is surrounded by R-1 single family homes on the north/east/south/west. The petitioner states on the application that the addition is needed to keep boats and cars inside so they are not left outdoors. The plans show that the garage addition will have lap siding to match the existing structure and asphalt shingles to match existing..The addition will have one window on the south side to match the south window of the existing garage, with a service door to the north. No overhead door will be located on the rear (east) wall. The petitioner indicated that shrubs would be planted along the street side of the addition and that shutters would be installed on the side garage windows so that the existing garage and addition would blend with the house. Review: .a,d_minlstratlon: Finance: RFA-O01 ~ Request for Action PC94-28 : 2 October 10, 1994 Several neighboring p~operty owners appeared at the Planning Commission meeting and voiced their objections to the-request.. The petitioner resides on a comer lot and the garage abuts the north side of 40 1/2 Avenue North. The fronts of the homes located on the south side of 40 1/2 Avenue directly face the garage and the proposed addition. The neighbors complained that the addition will block their views of the rear yards to the north and possibly decrease their property values because the garage with the addition will have a disproportionate appearance to the house. Prior to the concerns expressed by the neighbors to the south, staff felt that this was a routine request. The 6 foot variance is only a 16 percent reduction from the required setback and is fairly minimal. Many precedents exist for rear yard R-1 variances under 20 percent. While it could probably be argued that this is not a unique parcel, remember that the petitioner could build a 14 foot addition without a variance. The trend to build three and four car garages has increased in recent years and they do alleviate outdoor storage problems. In addition, the least controversial yard to have a setback variance is the rear. This situation may be unusual because of the comer lot location and the fact that the garage is adjacent to the street. The Planning Commission considered this request at the October 4th meeting and recommended approval, subject to the following conditions: 1. Addition building materials to match existing structure. 2. Shrubs be installed along south side of garage/addition and shutters be installed on south windows so that addition blends with house. Staff recommends approval of the resolution. - REQUF T FOR ACTION Originating Department Approved for Agenda ~ertda Section u~velopment City Manager & Planning A 11-8-93 Kirk McDonald l"~ Item No. __Management Assistant __ by: t:~: i / 8.1 / PLANNING CASE 93-34 - REQUEST FOR V~ARIANCE TO 3§-FOOT REAR YARD SETBACK REQUIREMENT, 8309 NORTHWOOD PARKWAY (PID #18-'118-21-43-0048) RICHARD KLEINBAUM, PETITIONER The petitioner is requesting a 7' variance to the 35' rear yard setback requirement to allow construction of a 14' x 16' porch addition pursuant to Section 4.034(3) of the New Hope Code. The petitioner is proposing to construct a 14' x 16' (224 square feet) porch on the southeast side of the home in the rear yard. The porch would be located 28 feet from the rear yard property line, therefore a seven {7) foot variance from the 35 foot rear yard setback requirement is needed. The City Code allows open porches and decks as encroachments on yard setback requirements, however, porches and outdoor living rooms which become enclosed in and attached to the dwelling subsequent to initial construction of the principal dwelling are not exempt from yard setback requirements. The petitioner states on the application that the only feasible area to add a porch is behind the eating area off of the kitchen. The existing structure was constructed in 1968 and this will be the first addition. The variance request is due, in part, to the 1967 approval of the "Towers South" plat whicti created this lot with a shallow depth of 105 feet. If the lot contained the average City lot depth of 125 feet, no variance would be required for the porch addition. Staff finds that the shallow depth of the lot qualifies as reasonable hardship under the Zoning Code and that the 7-foot variance from the 35-foot requirement is a minor request and consists of a 20% variation from the code requirements for setbacks. A natural buffer exists in this area because the nearest home to the south is approximately 54 feet away and 12 feet higher in elevation. Modest fencin9, retaining wall and greenery (lilac bushes) further improve the buffer. The petitioner has submitted plans confirming that the addition will be architecturally compatible with the existirig home in style, quality and building materials. The plans show that the addition will have a gabled roof with asphalt shingles, cedar facia, and masonite siding that will match the existing house. Note from the plans that a 10' x 6' cedar deck will also be constructed on the west side of the porch. The deck does not require a variance. The porch and deck will be located on top of 6' x 6' treated posts and sit about 3 feet off the ground, with the deck having stairs down to the yard. Review: AdmmmtraUon: ¥inanee: RFA-O0] Planning Case 93-34 Page 2 November 8, 1993 The Planning Commission reviewed this request as a consent agenda item at their November 2nd meeting and recommended approval of the request. Staff recommends approval of the resolution. '~ CERTIFICATE OF SURVEY , "~ '~· SWENSON I'AND SURVEYING' 827 Norwood Street RONALD J. SWENSON ' Anoka, Minnesota 55303 TELEPHONE 1ED LAND SURVEYOR - '- (612) 427-1020 · Denotes Iron Monuments Found O Denotes Iron Monuments Set A~ . Book ~'! Page ~° '"'~,Yo ~, ~nvo~ .o. · ~Yz.s. o 0 / 0 z.- ,.. OR OINN. ~ REPRE~"NTAllVE. I hereby certify that this is a true and ~ct reDres, er, tat'..on of a survey of the boundaries cf: Lot 28, Block 3, TO'~/ERS SOUTH, ,Hennep~n C3unty, Mi nnesot a · It' does purport to show imcrove,ments or encroachments, if any_. As surveyAd by me this 27th day of September 1993. .~onald J. Swen$on,~g~ter~ Land Sur'¢oyor M~nnesota License No. 13297 REQUEST FOR ACTION Originating Department Approved for Agenda ~enda Section ~-eVelopment City Manager & Planning 10-11-93 Kirk McDonald Item No. By:Management Assistant By: 8.1 PLANNING CASE 93-29 - REQUEST FOR VARIANCE TO 35-FOOT REAR YARD SETBACK REQUIREMENT, 7608 48TH CIRCLE NORTH (PID//08-118-21-32-0071), KUO MOY, PETITIONER The petitiOner is requesting a 10-foot variance to the 35-fo°t rear yard setback requirement to allow construction of a 12' x 12' 3-season porch on top of an existing, recently reconstructed deck, pursuant to Section 4.034(3) of the New Hope Code. The pot.ch would be located 25 feet from the rear yard property line on the north side of the home, therefore a 10-foot variance is needed. Open porches and decks are allowed as encroachments on yard setbacks, but porches and outdoor living rooms which become enclosed in and attached to the dwelling subsequent to initial construction of the principal dwelling are not exempt from yard setback requirements. The elevated deck is in compliance and requires no variance. The porch will have little impact on neighboring properties as the most impacted home directly to the north is separated by a 230 foot distance, and a grove of trees between the homes provides a good buffer. The irregular shape of this cul-de-sac lot could be considered as a hardship and the north rear yard is the only reasonable location for expansion on this lot. The Planning Commission reviewed this request at its meeting on October 5th and the major concern was the architectural compatibility of the proposed addition with the existing home. While the plans showed the masonite siding of the addition would match the home, the original plans showed a shed-type fiberglass roof which was not compatible with the gabled, asphalt-singled roof of the existing home. The . petitioner agreed to revise the plans so that the roof of the addition would match the existing house. The Planning Commission recommended approval of the request~ subject to the condition: 1. Revised plans be submitted showing the addition to be compatibl~ with existing dwelling, with gabled roof of asphalt shingles rather than shed-type fiberglass roof. Staff recommends approval of the resolution. ,, ,, f/ MOTION BY ~ .... SECOND BY TO: I. Review: Administration: Finance: I II I RFA-O01 r '~ 8713 OUPONT &~ENuE LAND SU nV[YORS ~~~/~~ ~ Survey for: COLCNIAL ~UI~E~S' -- - . ~. ~ .... ., .................. _ ..' HTE PLAN DEC~TION '_- ~2~, ' ..-' / ~?. ~:"~~/~"/~_~ c~5' t CERTI Y THAT I AM THE PPOPFr~Y - '..%'NER. ( R OWNERS REPRE~;~'~',~'T'TVE & ' ~/ ~, - - ~ ~f~., .' ,.. / / ',./ . ~ ~' P~posed Or~de / Descrlption: ~'.~~~~ .,' -~HA GA~S ...~ ' ~' --- - ~. ~o - - we hete~ ee~gy ~mt t~s m a true ~ eortect tepresentat~n oI a survey o~ ~u~av~s oI ~e 1~ ~ve de~cv~ ~ ol the locat~n ol all bu~d~gs, g any, thereon ~ ~' vis.lc enc~achment~, ~ ~y, Imm or on,s~'~~ ~ted' ~ :Stn day ot , June. , 197 7 . y~ ~/~ ~' ~ " ~ ,~ =~ ee ..... ~ ...... · REQUEST FOR ACTION originating Department Approved for Agenda ~. Agqnda Section L~evelopmem City Manager ~ & Planning Kirk McDonald i i / -9-93[]8 Item No. BY:Management Assistant BY:~ 8.6 PLANNING CASE 93-24 - REQUEST fl~OR VARIANCE FROM THE 35-~OOT REAR YARD SETBACK REQUIREMENT TO ALLOW A BEDROOM/BATH ADDITION, 3233 GETTYSBURG COURT, PID #19-118-21-23-0081, BILL KRANZ/DAVID POMIJE, PETITIONERS Petitioner is requesting 'a 16, variance from the 35'foot rear yard setback requirement, pursuant to Section 4.034(3)-New Hope Code, to allow construction of a 28'x18' (504 square feet) master bedroom/bath addition in the rear yard of the property off of the northwest comer.of existing structure. The addition will be set back 19 feet from the north rear yard property line at the closest point, therefore a rear yard variance is being requested. The east end of the addition will be more than 31 feet from the property line and trees on adjoining properties should help buffer the addition. The petitioner states that the shape of the lot/location of the house on the lot make it difficult to add an addition and still meet all setback requirements. Staff concurs that the unique shape of the pie-shaped lot could qualify as a hardship. A certified survey was submitted by the petitioner prior to the Planni~ Commission meeting, as requested. The previous owners of the property were granted a small rear yard variance (4 fee0 in 1983, for addition of a family room. At the Planning Commission meeting the adjacent neighbor to the west (3229 Gettysburg Court) stated that he was not opposed to the addition, but had concerns about materials for this addition and the current swimming pool project being delivered to the petitioner's rear yard over his property, changes in drainage patterns, and damage to his lawn and he wanted assurances that his property would be restored to its original condition. The petitioner confirmed that the entire area would be sodded once construction was completed. The Planning Commission reviewed the request at their August 3, 1993, meeting and recommended approval, subject to the following conditions: 1. Architecture/materials of addition to match existing structure. 2. Petitioner's and neighbor's property to be restored to original pre-construction conditions (including drainage) within 30 days of completion of construction. Staff recommends, approval .of the resolution. / Review: Administration: Finance: RFA-O01 ~ POMUE RESIDENCE ,,~ 3Z33 GETTYSBURG COURT NEW HOPE, MN Scale: 1 "= 30' -0" I ~(. ~~- REQUEST FOR ACTION :- Ortgtnatlng Department Approved for Agenda ~enda Section Dever6pment City Manager & Planning.. -9-93 Kirk McDonald Item No. BY:Management Assistant By: 8.3 PLANNING CASE 93-21 REQUEST BOR VARIA2qCE FROM THE 35-FOOT REAR YARD SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A PORCH, 3501 XYLON AVENUE NORTH, PID #19-118-21-12-0085, MICHAEL R. BANKER, PETITIONER The petitioner is requesting a 5' variance from the 35-foot rear yard setback requirement,, pursuant to Section 4.034(3)-New Hope Code, to allow construction of a porch at the (wes0 rear side of the existing building. The petitioner is proposing to construct a 14'x14' (196 square feet) addition to the existing "L"- shaped house, which would be located 30 feet from the rear yard property line, therefore a 5-foot variance is needed. The petitioner states that there is no room for any rear yard addition larger than 8 feet without a variance due to the design/placement of the home. The existing structure meets all setback requirements, and the topography of the site slopes downward and to the north (6 feet) and east (9 feet) from the rear southwest comer of the property. The diagonal drop is 15 feet from southwest to the northeast. The owner desires a traditional-sized porch of 14 feet, necessitating this variance request. The original design of this home pushed the rear wall almost 77 feet behind the front lot line, leaving a 44-foot deep rear yard. Besides the placement of the house on the lot, the unusual topography of the site should be taken into consideration. Dense screening in the rear of the property will also help to lessen the impact of the variance. The Planning Commission reviewed this request at their August 3, 1993, meeting and recommends approval subject to the. following conditions: 1. Professional detailed plans submitted prior to the Council meeting 2. Porch design and materials match/blend with existing structure. Staff recommends approval of the resolution. MOTION BY .. (~.~i' ~ SECOND BY · o: Re{Jew: Administration: Finance: I RFA-OOI ~ Originating Department Approved for Agenda ~ A~enda Section veveropment City Manager ~ & Planning I~ 7-26-93 Kirk McDonald ~ Item B!~anagement Assistant By:.i 8.3 PLANNING CASE 93-18 - REQUEST/F~OR VARIANCE FROM THE REAR YARD SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A THREE-SEASON PORCH, 4058 ENSIGN AVENUE NORTH, PID//18-118-21-24-0107, VIRGINIA MCDURMOTT, PETITIONER The petitioner is requesting a 7' variance to the 35-foot rear yard setback requirement to allow construction of a 3-season porch at the rear of the existing building, pursuant to SectiOn 4.034(3)-New Hope Code. The petitioner is proposing to construct a I2'x18' (plus a 2-foot bay window for a total of 20' or 228 square feet) 3-season porch on the east side of the existing home in the rear yard. A 13'x17' elevated deck would also be constructed on the north side of the proposed 3-season porch. The requested porch and deck would be located approximately 28 feet from the rear yard property line. The rear yard setback requirement in the R-1 Zoning District is 35 feet. City Code allows open porches/decks as encroaclxments on yard setback requirements, however, porches and outdoor living rooms which become closed in and attached to the dwelling subsequent to initial construction of principal dwelling are not exempt from yard setback requirements. Therefore, a 7' foot variance from the 35-foot rear yard setback requirement is needed to locate the 3-season porch 28 feet from rear yard property line. (The elevated deck would be in compliance and requires no variance.) The hardship for the variance request in this case may be the original placement of the home on the property. The design of the original home created a short rear yard, as the building is 36 feet deep. The proposed porch is 18 feet in length plus a 2-foot bay or a total of 20 feet, which is slightly longer than a standard porch. The combination of a short rear yard and proposed 20-foot long porch have resulted in a need for a variance because the rear yard is only 48 feet deep. The petitioner has confn'med that th.e design of the porch and building materials will match the existing structure. The Planning Commission reviewed this request at their July 6, 1993 meeting and recommends approval subject to the following conditions: 1) Owner to sign and date "Site Plan Declaration"; 2) Building materials for porch to match existing structure. Staff recommends approval of the resolution. MOTION BY SECOND BY t ~ 'Review: Administration: Finance:  REQUF~T FOR ACTION Originating Department Approved for Agenda [ Agenda Section Development City Manager & Planninl McDonald /~ 12-14-92 Item No. By.Kirk Management Assistant n~.~/// 8.1 PLANNING CASE 92-33 - REQUEST F A VARIANCE TO THE REAR YARD SETBACK REQUIR.BMI~.NT TO ALLOW CONSTRUCTION OF A 4-SEASON PORCH, 2724 AQIJILA AVENIJE NORTH (PID//19-118-21-43--0022), MICHAEL/ARLENE REICH, PETITIONERS The petitioners are requesting a variance to 35-foot rear yard setback requirement to allow construction of a four-season porch, pursuant to Section 4.034(3) of the New Hope Code. The petitioner is proposing to construct a 14' x 16' (224 ~uare foot) four-seamn porch on the north side of the existing home. The porch wonld be lo, ted 24.5 feet (at ¢lose~ point) from the north mar yard property line and Ci~ Code requit~ a 3~foot rear yard setback, therefore a 10.5 foot variance ~ needed for construction to proceed. An elevated deck would be constructed on the east side of the porch, but it requir~ no variance. The deck would be located 19.2 from the east side yard property line and about 20 feel from north rear yard property line. This is a "non-conforming lot" as the home was constructed facing the west side yard instead of the ~uth front yard and the code define.~ the front yard on a corner lot to be the frontage having the least width. This lot was platted with 90 f~t of frontage on 27th Place North, but in 1969 the home was constructed to fac~ Aquila Avenue. The existing home is legal and meets all mt. back requirements, even though it is oriented in the wrong direction (according to City Code). .- - The petitioner states on the application that as a result of placement of the house on the lot and spacing on each side of the house they believe the most appropriate location for the porch is on the 'north side of the home with the deck adjacent on the east side. The petitioner further states that the plan was designed to provide a maximum privacy for both petitioner and neighbors. The porch will face the side of the garage of neighbor On the n~rth side and the deck in backyard will be parallel to the house to allow adequate ~pace to property line on the e.a~t. The petitioner intends to provide land- scaping around tl~ porch and deck as well as along north and east property lines to provide a buffer from the neighbors if the porch is approved. Review: Administration: Finance: Request for Action Planning Case 92-33 December 14, 1992 Page -2- -- The major hardship with this' request is the orientation of the house. If the home were oriented to face 27th Place it is possible that the addition could be constructed without a variance. The owner is proposing to build the porch on the north because the perceived rear yard is too small. The petitioner has put a lot of thought into the development of the plans, the placement of the porch and the impact on adjacent neighbors. The neighbors directly adjacent to the property on the north and east have both come in to City Hall to review the plans and have no strong objection to the proposed addition. The plans show exterior materials and roof pitch of porch will match existing home. The Planning Commission reviewed this case at their meeting on December 1, 1992, and recommended approval subject to condition that the exterior match the existing home in roof pitch and siding. Staff recommends approval of the resolution. CERTIFICATE OF SURVEY o Z ~ ~.~ u(, ' = ' ~Z,I__ 27TH PLACE NORTH o DI~I. kon ~nu~t Pro~ Iow~ f~f el~. o ~t~ off~ ~eke Pro~ tod of foundation x ~o.O ~t. ~i~i~ e~. BENCH MARK: ~ot. m~ ~i~ ~o~ ~r~ f~ elw.- I here~ ~rtify that this il a true end correct representation of e survey of File No. the ~underiet of t~ e~ve ~i~d Ie~d end of the I~ation of ~A~suav~Ou, mc. ,~ /~ o~~ ,v~o~,~ ~n s~4~ ~ '~' ~ i, L.'-' I i,~ "~" ("' .~'.'"'" ~'~ ~,UtJI¥~JIL, ~ . REQUEST FOR ACTION '- Orlgtnattng Department Approved for Agenda Agenda Section City Manager 11-9-92 Development and Planning ' Kirk McDonald I' / Item No. By:Management As. sistant By: i~/ 8;-5 / PI~ANNING CASE 92-32 - REQUEST/FOR A VARIANCE TO THE REAR YARD SETBACK REQUIREMENT AND A VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE TO ALLOW CONSTRUCTION OF A THREE-SEASON PORCH, 9009 42ND AVENUE NO. (PID # 18 - 118-21-21-00 ! 1), SACK AND ANNETTE NABEDRICK. PETITIONERS The petitioners are requesting a variance to 35-foot rear yard setback requirement to allow construction of a three-season porch, pursuant to Section 4.034(3) of the New Hope Zoning Code. The petitioner is proposing to construct a 14' x 14' (196 square foot) three-season porch on the east side of the existing home. The porch would be located 15 feet (at the closest point) from the east rear yard property line and City Code requires a 35-foot rear yard setback, therefore a 20-foot variance is needed for construction to proceed. This is a non- conforming comer lot residence, as the front yard (per City Code) is the narrowest lot frontage which abuts Flag Avenue, however the house fronts onto 42nd Avenue (which is defined by the City Code as the side yard). Therefore, a second variance to expand a non-conforming structure is also required. Although this is a sizeable variance request (20 feet), a non-economic hardship exists because right-of-way along the north side was taken some years ago for the widening of County Road #9, which made the north side yard setback non-conforming. The home was built facing the wrong street, as the platted lot was shaped for a home facing west with a large east rear yard. The existing rear (east) setback is 15 feet compared to the 35-foot requirement. The proposed porch will be no closer to the ea~ line than the existing home (15 feet)'. Thus although a non-conforming structure would be expafiding, the degree of the non-conformity would not be increased. The south 'side yard~ setback is generous with 25 feet.after the addition, compared to a minimum requirement of 10'. Revlew: ~lmlnlstratlon: Finance: RFA-O01 ~ Planning Case 92-32 November 9, 1992 C?uncil Meeting o The Planning Commission revieWed this case on November 4, 1992, and recommended approval of a 20 foot variance to the 35 foot rear yard setback requirement to allow the construction of a three-season porch subject to the following condition: 1. The exterior of the porch to match existing home in roof pitch and siding. Staff recommends approval of the resolution. · , .-,eland Ave. (lmkiyn Park), P. O. Osieo, Minn. . . , CASWELL ENGINEERING CC Registered Professional Engineers and Land Surveyors ._CERTIFICATE OF SURVEY /~ ' . ~ale ~0 '  ~ PL~ tR~ -- ~'~ '~ BUILDING INSPECTO~ ,~ T~. >, VILLAGE OF NEW HOF I hereby certify that this is a true and corre~ repremntatio y o t · boundaries of the land described above. It d~s not purport to show improvement~ or encroachments, if any. As surveyed by me thi~ ~/ sr day of CASWELL ENGINEERING REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development City Manager r'~ & Planning .. 10-12-92 Item No. Kirk McDonald By: Management. Assistant By: 8.3 PLANNING CASE 92-25- REQUEST VARIANCE TO THE REAR YARD SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A THREE-SEASON PORCH AT 4164 ENSIGN AVENUE NORTH (PID #18-118-21-21-0012), DUANE L. HOi~, PETITIONER The petitioner is requesting a variance to the 35' rear yard setback requirement to allow construction of a 12' x 14' (168 square feet) three-season porch on the rear of the existing structure, pursuant to Section 4.034(3) of the New Hope Code. An existing deck is located on the east side of the home which extends beyond the setback limit, as permitted by code, and the petitioner wishes to construct a three-season porch on top of and with the same dimensions as the existing deck. The City Code allows open porches and decks as encroachments on yard setback requirements, however, porches and outdoor living rooms which become closed in and attached to the dwqelling subsequent to initial construction of the principal dwelling are not exempt from yard setback requirements. The porch would be located 27 feet (at the closest poin0 from the rear yard property line and City Code requires a 35-foot rear yard setback, thereofre an g-foot variance is needed for construction to proceed. The petitioner points out that due to narrowness of the baclcyard there is limited buildable space on the lot, plus there is an adequate buffer from the neighbors to the rear. The Planning Commission considered this request on OcWber 6, 1992, and recommended approval of the 8-foot rear yard setback variance subject to the following conditions: 1. Exterior design to match the existing home in roof pitch and siding. 2. Owner to subffdt an 'as built' lot survey within 14 days of building permit application to'verify the changes in the lot size and the home/porch' location. Staff recommends approval of the resolution. TO: ! Review: Administration: Finance: I II II RFA-O01 Orlgtnatlng Depa~haent Approved for Agenda A~end.a manmng City Manager Development  2-10-92 Item No B Kirk McDonald .._. 2' / ' Y: Management Assistant ':~Y'F 8.1 PLANNING CASE 92-02 - REQUEST ~FOR A VARIANCE TO THE 35-FOOT REAR YARD SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A THREE-SEASON PORCH, 3433 GETTYSBURG AVENUE NORTH (PID #19-118-21-22-0037), MICHAEL/THERF_SA GRAY, PETITIONERS The petitioners are requesting a variance to the 35-foot rear yard setback requirement to allow construction of a 3-season porch, pursuant to Section 4.034(3) of the New Hope Code. The 14' x 16' (224 square foot) 3-season porch will be located on the southwest side of the existing home in the rear yard. A 30' x 16' (480 square foot) deck presently exists on the southwest side of the home in the rear yard and the 3-season porch will be built on a portion of the existing deck. The requested porch would be located (at the closest point) 22 feet from the rear yard property line. City code allows open porches and decks as encroachments on yard setback requirements, however porches which become closed in and attached to the dwelling subsequent to initial construction of the principal dwelling are not exempt from yard setback requirements. Therefore, a 13-foot variance from the 35-foot rear yard setback requirement is needed to locate the thm¢-.~ason porch 22 feet from the rear yard property line. The property does have an irregular, four-Sided "pie shape" due to its location on a cul-de-sac, which makes the rear yard narrow at the southwest corner. There are dense areas of trees to the west and north that provide a buffer to screen the proch from the homes most impacted. The existing structure meets all yard setback requirements. The Planning Commission reviewed this case on February 4, 1992, and approved a 13-foot rear yard setback' variance due to the irregular shape of the property, subject to the following COnditions: · 1. Revised elevation drawings be submitted to clearly illustrate that design of porch and building materials will be consistent with existing home. 2. Prior to construction an "as-built" survey be submitted to verify setback and lot to be staked by surveyor at time of building permit application. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ,Lakeland ,~ve. (Imeidlm Park,), P. O. Os#e, Minn. Phone HA. $-2111 / C'ASWELL ENGI NEERING CO. . Registered Professional Engineers and Land Surveyors -- CERTIFICATE OF SURVEY ~ca ~e /"~ ~'0' " ................ Pn,-AT ~LA~PPRgV~ ~.- V,~L~ Or N~W HOPE DATE ~ I hereby certify that this ~s a true and correc~ repre~flt tion of a survey of the boundaries cf *hi land desk,bed above It does not ~urport to shaw improvementl or encroachments. ,f any. As surveyed by me th~s~:~ ~ _~day of C~SWGL ~.~N~ CO. File No.~22/T~/~.Sook ~ · Page_ ~7 Minnesota Registration ~o. ~ .....  I III COUNCIL ~ . . REQUF.~T FOR ACTION Originating Department Approved for Agenda A~enda Section Pranning & City Manager Development Kirk McDonald ~ 11-12-91 Item No. By: Management Assistant By:.(J/ 8.3 / PLANNING CASE 91-35 - REQUEST FOR A VARIANCE TO THE 35-FOOT REAR YARD SETBACK TO ALLOW CONSTRUCTION OF A THREE-SEASON PORCH, 4741 BOONE AVENUE NORTH (plY) #07-118-21-31-0043), ROBERT E. LIN'DELL, PETITIONER The Petitioner is requesting a variance to the 35-foot rear yard setback requirement to allow construction of a 16' x 16' (256 square foot) three-season porch, pursuant to Section 4.034(3) of the New Hope Code. The porch will be located on the west side of the existing home in the rear yard and an elevated deck will be located adjacent to the porch on the South side. Both structures will extend out 16 feet from the existing home and will be located 31 feet from the rear proPerty line. City Code allows oPen porches and decks as encroachments on yard setbacks, therefore a variance is not needed for the deck. However, porches which become closed in and attached to the dwelling subsequent to.initial construction of the principal dwelling are not exempt from yard setback requirements, therefore a 4-foot variance from the 3S-foot rear yard setback requirement is needed to located the three-season porch 31 feet from the rear yard property llne, It is questionable as to whether a hardship exists for the variance, as the proPerty is regular in shape and does not contain unusual topography. One factor that might be considered is due to the special 50-foot front yard setback along major thoroughfares (including Boone Avenue), there .is less area in the rear yard to construct an addition without encroaching on the setbacks. Staff considers this a minor va_dance and has confirmed that- the building materials for the addition will match the existing structure. The Planning Commission reviewed this case on November 5th and recommended approval subject to the condition that building materials on the addition match the existing structure. Staff recommends approval of the resolution. -to: 9/-/9 ? .. ! Review: Administration: Finance: I I RFA-O01 ~ · .__ nm,~ 11 22tm'cE .., ,.,,, ~.~...¢.: . . DEC.RATiON .... :~'" '': '~' ;'%~' ''t ;" '.'.-" ' " "~ '- ~"~'"'~ ' ~1 E PLAN -- ^, · ~.~' . · "' .... ~" '"" ~.T I ~. IF¥ THAT t AM THE PROPERTY " REPRESENTATIVE ~ '- .....,-,-,* OWNERS ' "-"~' ' ;~'~IS PLAN IS COMPLETE AND ACCURATE:. . ..~: BUimlNG 'IN ECTOR ~; 'f ._ ~ -~:....... / ... ~ here~'~l~ ~hl~ f~ht8 ts ~.~e a~. co~e~ rep~sen~ion of a I~'~ ~ ~~rtel of Lo% ,i~ , Block Z ZUBSCK'S ~LII~ ~ A~~... ~ ~l not pu~ ~o ! . REQUF~T FOR ACTION originating Department Approved for Agenda ~enda Se~lon manmng /~ City Manager Development  10-14-91 Item No. Kirk McDonald By: Management Assistant By:. 8.1 PLANNING CASE 91-27 - REQUEST FOR A 13' VARIANCE TO THE 35' REAR YARD SETBACK TO ALLOW EXPANSION OF EXISTING GARAGE, 7621 48TH CIRCLE NORTH (PID #08-118-21-32-0074), ROBERT R. NATZEL, PETITIONER The petitioner is requesting a 13' variance to the 35' rear yard setback to expand the existing garage, pursuant to Section 4.034(3) of the New Hope Code. A 20'x20'(400 square feet) addition is proposed on the southwest comer of the house 'off the existing garage, and side yard require- ments would be met. The lot is irregular in shape with a tapered side lot line and a variety of easements on the lot making it difficult to add additional garage space anywhere else on the lot. The Planning Commission reviewed this case on October 8th and recommended approval subject to the condition that the siding and roofing materials match existing structure. Staff recommends approval of the resolution. · o: .,. ! Review: Administration: Finance: I RFA-OOI ~ OWNER, ~ OWNERS REPRESENTAT; THIS'P~N I~ ~MPL~E AND REQUF T FOR ACTION Originating Department Approved for Agenda Agenda Section Planning & City Manager Development Kirk McDonald, MA ~ 8-13-90 Item No. By: By:.7 8.2 PIJ~I~ING C~%~E 90-2~ - REQUEST FOR VARIANCE TO ALLOW AN ADDITION TO AN EXISTING BUILDING AT 5206 QUEBEC AVENUE NORTH, JOHN DEGNAN, PETITIONER, (PID #O8-118-21 22 0057) The petitioner is requesting a 4-foot variance to the required 35-foot rear yard setback to allow an addition to the existing home. The request is pursuant to Section 4.034 (3) of the New Hope Code of Ordinances. A single family home and detached garage are currently located on the property. The applicant is proposing to tear down the existing detached garage and construct an addition that would include a new attached double garage to be located exactly where the existing detached garage is located. The Planning Commission reviewed this case at its meeting on August 7, 1990, and recommended approval. Staff recommends approval of' the resolution. MOTION BY TO: ! Review: Administration: Finance: RFA-O01 -.= DENOTES PROPOSe) SURFACE DRAINAGE O DENOTES IRON MONUMENT SET SCALE: 1 INCH - :50 FEET · OENOT~ IRON MONUMENT FOUND PROPOSED GARAGE FLOOR -- FEET XlX~.0 OENOTES EX)STING ELE'VA~ON PROPOSED LOWEST FLOOR -- FEET (000.0) DENOTES PROPOSED m__gVATION PROPOSED TOP OF BLOCK- FEET WE H~RE~Y C~RTIFY TO DOUI~ $CHOEN ' ~AT ~lS IS A ~UE AND CORRECT R~~A~ON OF A ~ ~ ~E ~U~t~ ~ 6. B~K 5, ~R RI~L ~ COMP~'$ ~ ~~ ADOITION~ ACCORDING " ~ ~ ~COR~ P~T THERE~,HENN~N C~N~, MINNESOTA. IT ~ ~T ~RT TO S~W IM~OV~ OR ~CROACHMENTS, ~C~T AS SHOWN. AS ~R~ ~ ME OR UND~ MY DIR~T SUP~VISION ~IS 2~ ~ DAY OF J U ~ ,1 ~ f MINN~OTA UC~SE NUMB~ 19828 ' ' ' 'l I'll amesR. Hill inc. COUNCIL i . m 0 s? acrxo Originating Department Approved for Agenda Agenda Section Development Manager 5 P!-_nning 7- 23 - 90 Itero No. B~. Kirk McDonald, MA By: ~/ 8. 3 PLANNING CASE 90-18 - REQUEST FOR VARIANCE TO REQUIRED 35-FOOT REAR YARD SETBACK TO ALLOW ADDITION OF A FAMILY ROOM AT 3224 ENSIGN COURT NORTH, (PID #19-118-21 24 0022), JAMES/MARLENE BUCKSTEIN, PETITIONERS The petitioner is requesting approval of a 5-foot variance to required 35-foot rear yard setback for the purpose of constructing a 16' x 14' family room addition. This request is made pursuant to Section 4.034(3) of the New Hope Code of Ordinances. The petitioner wishes to construct a family room addition at the rear of the home as the existing family room. is to be remodeled into a bedroom to accommodate a parent in a wheelchair who is moving into the home. The Planning Commission reviewed this case at its meeting on July 10, 1990, and recommended approval. Staff recommends approval of the resolution. Re~iew: Administration: Finance: RFA-O01 ~ DOLAN ENGINEERING INC. /~ ~~ ENGINEERS & LAND SURVEYORS Ht(~HWAY IS 1~ NICOLLET AVENUE ~) ~ " BURNS VILI. E~ MINNESOT~ Certlf[cclte of* Survey For -~.~.-r~ J~'.~.,~ ..... ~ . iNSpEcTOR ~EPRESENT~TIVE - -. < / ~ COUNCIL II ACTION Or~tnatmg Department Approved for Agenda Agenda Section Development Manager ...........  6-11-90 Item No. By: Dan Donahue B~. 8. PLANNING CASE 90-13 - REQUEST FOR VARIANCE TO REQUIRED 35-FOOT REAR YARD SETBACK TO ALLOW ADDITION OF A PORCH AT 3541 VIRGINIA AVENUE NORTH, (PID #19-118-21 11 0030), SANDRA M. WIELAND, PETITIONER The petitioner is requesting approval of a 7-foot variance to required 35-foot rear yard setback to allow addition of a porch. This request is made pursuant to Section 4.034(3) of the New Hope Code of Ordinances. The petitioner wishes to enclose a portion of an existing elevated deck and convert it to a porch. The Building Inspector has confirmed that the area of the deck proposed to be enclosed has adequate footings to support such an addition. The Planning Commission reviewed this case at its meeting on June 5, 1990, and recommended approval. Staff recommends approval of the resolution. MOTION BY ~ SECOND BY Review: Administration: Finance: RFA-O01 ~ot '~ ~nd that ~art ,-~ Lot ~ lvi~ .......... ~ ~ ., ,~.~n fr~ :.he No~hwe~t co.er ~hereof ~o a ooin~ ~n ~h~ ~ur~ , ,.~, ~ of ';Said ~ed !~e, S~uther!y fr~ the Northeast co~r ~ / '/ .- I" ~,,' ..... ~I OWNER, OR OWNERS REPRESENTATIVE & F D [~v~ ~_ '~ j THI~ P~N IS COMPL~E AND ACCURATE: .,  Quality Homes ~,..,_~-~'~-"._ -- .... Scale: 1"" = 20' ~_ PLAN ~PROVE~ ~ ~ ,.,~. ~ ' "~' ' '~ECT~R ~/' /' _. ~ ~u~ ~ ~ / I ....... '~'~ .' ~ / / " , ,. ~ ..' ~ ~.~. ~, , ' l// ' '~'~ ~ .~'~,~., '~e ~ .. ./~ ~ ,. z ,' Memorandum To: Planning Commission Members From: Kirk McDonald, Director of Community Development Date: February 27, 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. February 9 CouncillEDA Meetings - At the February 9 Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Project #613, Motion Authorizing Staff to Obtain Appraisals on Multiple Family Dwellings at 7601 and 7641 62"d Avenue North: Tabled until February 23. The Council directed staff to try and negotiate a lower price for the appraisals. B. Resolution Establishing Findings of Fact for Denial of Variance Request Regarding Fire Chief's Order to Install Fire Alarm and Smoke Detection System at 7300 49t~ Avenue North and Denial of Variance: Approved, see attached Council request. C. Planning Case 98-01, Request for a Conditional Use Permit to Allow Off-Site Parking for 8000 Bass Lake Road at 791017914 Bass Lake Road, St. Therese Home, Inc.: Approved, see attached City Attorney correspondence. The City Council included a fourth condition in the resolution to revise the license agreement into a recordable form to be filed with Hennepin County. D. Project #626, Presentation Regarding 36th Avenue Reconstruction (Winnetka Avenue to Highway 169) Concept Report: See attached Council request. The Council report is available for review at City Hall. E. Project #618, Presentation Regarding Dorothy Mary Park; Motion Authorizinq Staff to Proceed with Neighborhood Meetings: See attached Council request. The Council report is available for review at City Hall. F. Proiect #623, Resolution Approving Letter of Understanding Between the Fridley HRA and the New Hope EDA for the Suburban Remodeling Plan Book Proiect: Approved, except for the deletion of Item 3 in Letter of Understanding, see attached EDA request. G. Project #614, Resolution Authorizing President and Executive Director to Enter into a Redevelopment Contract with Project for Pride in Living, Inc. for Funding of Bass Lake Road Redevelopment: Approved, see attached EDA request. 2. February 23 Council Meetings - At the February 23 Council meetings, the Council took action on the following planning/development/housing issues: A. Proiect #5981Planning Case 97-06, Resolution Vacating Storm Sewer and Utility and Drainage Easements at 7300-7390 49~ Avenue North: Approved, see attached Council request. B. Planning Case 97-06, Resolution Authorizing Reduction of Letter of Credit for 7300 49= Avenue North: Approved, see attached Council request. C. Proiect ~6t3, Motion Authorizing Staff to Obtain Appraisals on Multiple Family Dwellings at 7601 and 7641 62"" Avenue North: Approved, see attached Council request. D. Proiect #573, Motion Approving Final Pay Request to Anton Construction, Inc. in the amount of $4,207.25 for 'Rehabilitation at 5212 Winnetka Avenue North: Approved, see attached Council request. E. Resolution Approving Transfer of Responsibility for Regulatory Programs and Inspections Coverina Food, Beveracle, and Lod.qin.q Establishments to Hennepin County: Approved, see attached Council request. F. Public Hearing, Resolution Approving Projected Use of Funds for 1998 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreements with Hennepin County and Any Third Party Agreements: Approved, see attached Council request. G. Project #493, Presentation by CareBreak on Proposed Development and Request for Council to Consider Transfer of Land at 55~ and Boone Avenues: Approved, see attached Council request. H. Proiect #~90, Consideration of Bids for the Public Works Fuel Facility: Approved, see attached Council request. I. Proiect #601, Presentation of Concept Report for Swimming Pool Maintenance Improvements: See attached Council request. Report available for review at City Hall. J. Projects #627, #629, and #630, PresentatiOn of Concept Plan for Civic Center Park Improvements: See attached Council request. Report available for review at City Hall. 5. Codes & Standards Committee - The Committee did not meet in February. Staff is continuing to work on the accessory building code amendment and the Sign Code. 6. Design & Review Committee - Design & Review did not meet in February as no applications were submitted that required review by the Committee. 7. Comprehensive Plan Update Committee - The Committee met in February with the City Council to review the work completed by the Planning Consultant and the Committee and ask the Council whether the Update is proceeding in a direction that the Council is comfortable with for the City's future. 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 during February to residents on the demolition of the Old Fire Station, proposed bile lanes and Project for Pride in Living/Bass Lake Road project. 9. Quarterly Reports - Attached for your information are the fourth quarter reports relative to planning and development, housing and engineering issues. 10. Other planning/housing/development issues that staff have been working on, that will probably be considered at the April Planning Commission meeting, include: A. Winnetka Center upgrades B. Post Haste Upgrades/Commercial Day Care Center C. Conductive Containers, Inc. expansion D. United Hardware expansion E. Paddock Laboratories expansion F. SuperAmerica new construction Attachments: 7300 49~ Avenue Findings of Fact · St. Therese CUP 36~ Avenue Reconstruction Dorothy Mary Park Project Remodeling Plan Book Project PPL/Bass Lake Road Redevelopment Project 7300 49~ A~enue Easements 7300 49~' Avenue Letter of Credit 7601 and 7641 62r~ Avenue Appraisals 5212 Winnetka Avenue Final Pay Request Health Inspections CDBG Funds CareBreak Presentation Public Works Fuel Facility Swimming Pool Presentation Civic Center Park Presentation Project Bulletins Quarterly Reports COUNCIL '_ RE UF T FOR ACTION Originating DepaxLment Approved for Agenda _ A~enda Section ueve~opmem Community Development & Planning ? Item No. By: Kirk McDonald B~. 8.1 RESOLUTION ESTABLISHING FINDINGS ~DF FACT FOR DENIAL OF VARIANCE REQUEST REGARDING FIRE CHIEF'S ORDER TO INSTALL FIRE ALARM AND SMOKE DETECTION SYSTEM AT 7300 49TM AVENUE NORTH AND DENIAL OF VARIANCE (PLANNING CASE NO. 97-06) The developers of the property at 7300 49t~ Avenue have petitioned the City for a hearing to request variance from the Fire Chief's order that they install an automatic fire alarm and smoke detection system at the subject property. As you are aware, Hoyt Development constructed a large warehouse/office building at the site in 1997. The City entered into a separate Agreement (enclosed) with the developer providing for this procedure as the exclusive method for settlement of this dispute. The enclosed resolution denying the variance states that the developer/petitioner must either comply with the Fire Chief's order and install the fire alarm system as directed or they must petition the State Fire Marshal's office for a ruling reversing the Fire Chief's order and granting the variance. If the developer fails to comply with the final order rendered pursuant to this procedure, the City could call on the developer's Letter of Credit in an amount equal to the cost of installation or it may commence an action revoking the Certificate of Occupancy for the building. The City is protected, therefore, from any failure by the developer to take appropriate action in accordance with the final outcome from this variance request. The City Attorney will introduce this item and present the City's viewpoint on this issue. Please review the enclosed Resolution, which describes the Minnesota State Fire Code, why the developer feels the Fire Chief's order is unreasonable, the variance process set out in the Fire Code and the Findings of Fact. Previous correspondence on this issue is also attached. It is anticipated that the developer of the property will then set forth their case in support of the variance request. After the presentations, the City Council has the following options: 1. Adopt the enclosed resolution denying the variance; 2. Approve the variance by a motion stating verbally for the record your reasonsfor approval; or 3. Refer the matter back to staff for a written resolution making findings of fact for approval. Staff recommends approval of the enclosed resolution denying the variance request regarding the Fire Chief's order to install a fire alarm and smoke detection system at 7300 49"' Avenue North. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-001 FEB-05-98 THU t5:26 P, 02/06 ,,_ February 5, 199A Kirk McDonald Director o¢ Community Development City of New HoDs 4401Xylon Avenue Nor%h New Hope, MN 55~Z8 RE: Hoy% Variance Requea~ From Fire Chief Order TO Install Fire Alarm Our File: g9.11190 gear Kirk: Enclosed please Find a proposed "RESOLUTION E~TABL[SHINQ F~NDING$ OF FACT FOE DEN[AL OF VARIANCE RFQUEST REQARD~NG F~EE CHieF'S OEDER TO [N~TALL FIRE ALARM AND SMOKE DETECTION SYSTEM AT 7300 AVENUF NORTH AND DENIA~ OF VARIANCE" for c~n~ideraCion mt the FeOruary $, 1SS7 Council 'Meeting. Basically, the Oeve}opers of this proper~y have petitioned For hearing %0 request a variance from the Fire Chief's order' ~h&~ ~ey insba~3 an automatic Fire alarm and smoke de~ec=~on system at the subjec= ~roperty, A~ we discussed, ~his hearing can be placed on the a~enda under Planning and DeveloDmant. [ wilt introduce item ~nd permit ~e Oeve~op~r\Pe~i~ioner ~o se~ ~or~b ~e~r case in support ge %he variance ~equea%. Oeper~ding on %~e information they produce a~ ~he meeting, I may submit a short rebuttal to their case. Depending on the number ~f people that make a presen=a~on the Council, [ anticipate ~ho hearing wi33 no% exceed 45 minutes. This procedure ie authorize~ by ~in_sD~n. S~Lt~ §)~9F-Oll Subd. 5. The Counci~ will then be free %o adopt ~he enclosed resolution denying ~he variance, approve ~he variance by a mo~ion s~a=ing verbally for %he record their reasons ~or approval o? refer ~he matter back to .sta~ ~or a wr'iCten resolution making ~indings o~ ~c~ If the Council adopts ~he enclnsed reoolu~ion ~he DeYeloper\Pe~itloner must e~her comply w~th the F~re Chief's order FE9-05-98 THU t5 25 P, 03/05 , Kirk NcOonalH February 5, 1998 Page 2. and install the'~ire &1arm system ~s directed or they must petition the State Fire Marshal's Office for a ruling reversing 'the Fire Chief and 9ranttng the variance. [ wan[ to remind you we have entered i~to a separate October- 7, !997 Agreement (see copy enclosed) with the Oeve3oper providing for this procedure as the exc]ueive me=hod for sett]ement dispute. If the Oeve3ooer fails tO comD]y with the ~ina] order' rendered pursuant =O =his procedure the City wi~] be free to either ca33 o~ tbs Developer's letter of credit in ~n amount e~ua3 to the cost o~ insta3~a~{on o~ it may commence an action .revok~n~ the Bui3ding'e ~ermanenb Certificate of Occupancy. Therefore, the C~t¥ is protected from any fai3ure by the Deve3oper to take action in a~cordance with the fins] Outcome from this variance r~quest. Any reduction in the ~etter o~ credit should take this matter into consideration. Th~ cost of this system is estimated at $35,000 to $40,000. ! am a~so attac~ing to this letter a number of documents that suppoF% the findings made in the enclosed resolution ~or consideration by ~he City Cour~¢il. P~eaee have the Fire Inspector review ~he resolution and documents am wet1 Cot possible revision or ~up~ementa%ion. contact me i¢ you have ar~y other questions or comments about this matter. Very truly yours, Stev~n A. Sondral! enc]osurMs cc: Valerie Leone '- RESOLUTION NO. 98- RESOLUTION ESTABLISHING FINDINGS OF FACT FOR DENIAL OF VARIANCE REQUEST REGARDING FIRE CHIEF'S ORDER TO INSTALL FIRE ALARM AND SMOKE DETECTION SYSTEM AT 7300 49TM AVENUE NORTH AND DENIAL OF VARIANCE BE IT RESOLVED by the City of New Hope, Minnesota (the City) as follows: WHEREAS, J.S. Winnetka, Inc. (hereafter JSW) and Hoyt Development Company (hereafter HDC) are the Developers (hereafter collectively referred to as Developer) of certain property located at 7300 49th Avenue North identified as City Development Case No. 97-06, and WHEREAS, JSW has entered into a June 9, 1997 Site Improvement Agreement with the City of New Hope (hereafter City) which provides that Developer will construct a 120,000 sq.ft, multi-tenant warehouse building on the sub.iect property pursuant to the Developer's site and building plans approved by City Council Resolution No. 97-80 at its May 1'2, 1997 meeting, and WHEREAS. said Si{e Improvement Agreement indicates the approval of [Developer's project is conditioned upon Developer's agreement to provide acleqL~ate water service and fire protection measures for the building, per the direction from the Fire Chief and City Engineer, and WHEREAS, as part of said fire protec~i.'on measures the New Hope Fire Chief has ordered Developer to install at the property an automatic fire alarm and smoi<e detection system as authorized under the Minnesota State Fire Code (MSFC) and the Uniform Fire Code (UFC). The MSFC has adopted by reference the UFC. The UFC permits and authorizes the Fire Chief to require installation of the automatic fire alarm and smoke detection system at the property for the foiiowing reasons: 1. The approved site and building plan permits "high-piled combustible storage" at the property. The' UFC defines this as material in closely packed piles more than 15 feet in height or combustible materials on pallets or in racks more than 12 feet in height. 2. If high-piled combustible storage is permitted there must be a fire apparatus access roadway provided to within 150 feet of ali portions of the exterior walls of the building. 3. If all portions of the exterior walls are not accessible as required in no: 2 above resulting from topographical conditions such as railroads, waterways or non-negotiable grades this requirement can be excepted on condition that the Developer comply with the Fire Chief's order for additional fire protection which may include an automatic fire alarm and smoke detection system permitted by the UFC. 4. The subject property does not have the minimum required access to ali portions of its exterior walls. Specifically, the north and east portion of the building is not accessible by a roadway due to the railroad tracks adjacent to the property in that location. To permit use of the building for high-piled storage the Fire Chief ordered installation of an automatic fire alarm and smoke detection system, and WHEREAS. the Developer contends the Fire Chief's order for an automatic ~re alarm and sprinkler system is unreasonable and unnecessary and hereby requests a variance from said order for the following reasons: 1. The authority to order the automatic fire alarm and smoke detection system is a discretionary power provided to the Fire Chief by the UFC. The Fire Chief is not unequivocally mandated to require the alarm and detection systems. 2. The building is already equipped with an Early Suppression Fast Response Automatic Sprinkler System (ESFR) and as a result the automatic fire alarm and smoke detection system is unreasonable and unnecessary. 3. The exterior walls of the property are all accessible by access roads within 150 feet by virtue of the fact access to the east and north portions of the building can .be gained through the New Hope Municipal Ice Arena parking lot, and WHEREAS, the variance process is set out in Minn.Stat. §299F.011, Subd. 5. This statute holds the State Fire Marshal may grant variances from the minimum requirements specified in the MSFC and the UFC if the following facts have been shown: 1. There is substantial compliance with the provisions of the fire code. 2. The safety of the public and occupants of the building will not be jeopardized by the variance, and 3. Undue hardship to the applicant will result if the variance is not granted. I--iowever, r~3 appeal .for a variance can be made to the State Fire Marshal until the applicant has first made appliCation to the local governing body and its City Council has acted on the application for said variance. WHEREAS, the Developer has requested the City Council to consider at its February 9, 1998 Council meeting the variance request pursuant to a January 25, 1-,395 letter submitted by Developer's attorney and that said letter shall c~nstitute Developer's petition for the requested vadance pursuant to the requirements of both Minn.Stat. §299F.011, Subd. 5 and the October 7, 1997 Agreement entered into between the City and the Developer, and. WHEREAS, at the February 9, 1998 meeting the City Council, in considering this petition, had before it all relevant sections of the MSFC, UFC and ~,'~inn.$tat. §299F.011, ail relevant City files pertaining to this request and specifically all memoranda and correspondence from the New Hope Fire Chief, Fii'e Inspector, City Attorney, and Director of Community Development and Building Official regarding this matter, all correspondence, memoranda and rGports received from Developer, all verbal presentations made by the City Staff, C~tv Consuitants. the Developer and Developer's consultants at the February 9, 1998 meeting, all resolutions and Council minutes relating to this planning case and the City Council's own knowledge, recollections and observations of the subiect property, and WHEREAS, in consicleration of the Developer's variance request to be relieved from the Fire Chief's order to install an automatic fire alarm and smoke c~emction system at the subject property this Council hereby makes the following: FINDINGS OF FACT 1. The adjacent parking lot of the New Hope Ice Arena is not an acceptable fire apparatus access road as that term is defined by the MSFC and UFC. An acceptable road must not be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. The Ice Arena parking lot is impaired by vehicle congestion. Further, access to the subject property is impaired by a fence surrounding the parking lot. It would also require the Fire Department to lay its hoses across working railroad tracks and the snow, weather conditions and topographical conditions between the Ice Arena and the subject property would make access hazardous to the north and east end of the subject property via the ice Arena parking lot. As a result, all of the exterior walls of the property are clearly not accessible by a fire apparatus access road to within 150 feet. 3 2. The ESFR automatic sprinkler system is triggered by heat and not smoke. A slow smoldering fire at the bottom of a rack or pile of high-piled storage will not be detected early by the ESFR system. However, the likelihood of early detection will be increased if the automatic fire alarm and smoke detection system is required since said system is triggered by smoke. Therefore, the combination of the two systems is necessary for the greatest protection of the occupants of the building and the safety of the public. This is especially true in light of the fact the building is not 'equipped with an adequate fire apparatus access roadway. The combination of high-oiled combustible storage approved for the property at the Developer's request and the lack of the access roadway to the north and east exterior wails of the property renders an early response by the New Hope Fire Department to a fire at this building a necessity and not a luxury. 3. The Developer has not established an undue hardship except for an economic hardship. The additional cost to the Developer for installation of the automatic fire alarm and smoke detection system is justified by the increased protection afforded the public and occupants of the building required by the lack of an adequate fire appara[us access road. Further, the Developer knew it would be subject to this cost in that the approval of site and building plans for this project were subject to his agreement to install the automatic fire alarm and smoke detection system as ordered by the Fire Chief. CONCLUSION OF LAW Based on the foregoing recitals and findings of fact contained in the herein resolution, all written and verbal information presented by the City Staff and Developer at the February 9, 1998 hearing and the City Council's own knowledge, recollections and ot)servafions regarding the subject property, this City Council hereby concludes as follows: 1. The Developer has not met its burden of showing its requested variance should be granted as required by Minn.Stat. §299F.011, Subd. 5. 2. That the New Hope Fire Chief's order directing the installation of the automatic fire alarm and smoke detection system is reasonable, necessary and not in excess of the discretionary authority granted him under the MSFC and the UFC. 4 NOW. THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of New Hope that: That Developer's request for a vadance from this Order is hereby DENIED. Developer is ordered to install the automatic fire alarm and smoke (~etection system as ordered by the New Hope Fire Chief subject to a reversal of that order by the Minnesota State Fire Marshal under authority of Minn.Stat. §299F.0'1 '1. Dated: February 9, 1998. W. Peter Enck, Mayor A~est: Valerie Leone, City Clerk 5 ?, 04/05 FEB-05-98 THU 15:25 : - ..... · P. 03/04 '~: ' ~; L NOV I 2 lggT This Agreemen~ is made ~,hls ?,CF- ¢lay of Oc'cober, 1~97 between JO Winnetka, IKI(~. ( "J~W" ), Hoyl~ Development Oom~any ("NDO") ind ~he Cl~y Of New Hone ("¢it¥"). lo~ed at 7300 4~h Avenue North, New Hope, NinneGo~a, alee known as City Development Ogee No. 97-0~, and J6W ha~ previously entered WHE~EA~, ~h¢ deYelopmen~ con~i~ of one ~om~erc~al/fndus~r~al office/warehoUse Du~ldl~g consisting of approximately I~0,000 square fee%, arid ,. WHER~Aa, [he City has reeulred ~n · ~ha,. bu~,ld~ng' WHEELS,- dSW and HDC da not agree , with. ,the' in%erpre~a%iOn nf G~d utc se~ons ~nd ~on~nd ~he tn.~ll~S~on a ~re alarm ~nd smoke .de~ection system in the building NOW, ~EREFORE, ~n ~on~dera~on of ~e foregoin;, ~d other City of New Hope agree as provided for tn M~~ S~9sr,oll, Su~. 5. .... .2. Ourtn~ ~he ~nueno7 of ~he &p~ml,.~hm C(ty will FEB-05-98 T}{U 15:25 - OCT-2' -7 ~ON 13:45 ,.. P, 04/04 Harshal ufl~ec ~l_glq,~ ~9F.011, Subd. ~. 4. The decision o¢ ~o appeal proces~ 8ha~l be b~nd{n9 upon the parties, ~it~er party w~lt have ~he opportun~y ~o pursue prov~de~ by ~he Admin~m~ra~e Pr'oc~ureS ACt ~ld aDy r~ghts ~er4ve %herefrOm. ~. j~ W~nneCka In~. ~,,nd Hoyt DeveiOp~ C~any agree 1997 I~rovjmen~ Aeruemen~, &. d~ W~nnetka inc. and Hoyt ~velop~t O~anY ehall indemn~y ~nd hold the C~ty ha~le$~ rr~ afly claim, 1oas, or d~aee au~:al~eB DY :~e building, ~nmlud~ng ~d¢ly ~n~ury or death to a~y ~r~on, d4rectly attributable to the laGK of a fire alarm and recsonaOle attorme~'m WU~R~OR~, the parties agree to the a~v8 ter~ ~ tfldicate~ by the a~na:urea belnM of their authorized 4401 Xylon Avenue North City Hall: 612.531.5100 City Hail Fax: 612-53~-5136 New Hope, Minnesota 55428.4898 Police: 612.531.5170 Police Fax: 612.531.517~ ' Public Works: 612-533.4823 Public Works Fax: .612-533-7650 _- TDD: 612-531-5109 Fire'Dep't. Fax: 612.531.5175 February 4, 1998 Mr. Brad Hoyt Hoyt Development Company 13400 '15"~ Avenue North, Suite F Plymouth, MN 55441 Subject: Building Code Complianc® and Land Use Approval Zoning Letters Dear Mr. Hoyt: Enclosed are your requested Building Code Compliance and Land Use Approval Zoning Letters. Two odginal copies of each letter are being sent to you; one set for your files and one Set for you to forward to State Farm Life Insurance. As you know, only temporary Certificates of Occupancy have been issued for the two tenants currently occupying the property. There are three outstanding issues that require a resolution before the City will issue a permanent Certificate of Occupancy for the two occupied tenant bays as follows: 1. The old telephone pole and catch basin located on the' north end of the shared driveway must be removed; 2. The waste steel stored on the roof must also be removed; and 3. The metal soffit and trim at the southeast entry must be repaired (sheetrock currently exposed). The Building Official notified your contractor, Mr. Callaway, of these issues in reports provided to him on October 15 and October 17 of last year. It is Mr. Callaway's responsibility to contact our Building Official after these issues are resolved for a final inspection. Perman. ent Certificates of Occupancy will be issued after our inspection indicating compliance with the inspection reports previously provided. There are two additional outstanding issues that the City is not linking to the Certificates of Occupancy at this time as follows: 1. The Fire Chief's Order to install a fire alarm and smoke detection system; and 2. Correction of the drainage pond construction issues set forth in the City Engineer's November 14, 1 997, memo. These items are tied to your Letter of Credit by the Development Agreement and the separate agreement relating to the vadance petition for the fire alarm installation issue. However, the Building Code Compliance letter has been revised to disclose all of these issues upon the advice of the City Attorney. -'~,'~1 ,/'~~, For Family Living Family Styled City '~,'~i CITY OF NEW HOPE RESOLUTION NO. 98- RESOLUTION APPROVING PLANNING CASE NO. 98-01 REQUESTING A CONDITIONAL USE PERMIT TO ALLOW OFF-SITE PARKING FOR 8000 BASS LAKE ROAD AT 7910/7914 BASS LAKE ROAD (PID #06-118-21-41-0029, #06-118-21-41-0027, #06-118-21-41-0026, #06-118-21-41-0025) SUBMITTED BY ST. THERESE HOME, INC. WHEREAS, the applicant, St. Therese Home, Inc., has submitted a request identified as Planning Case No.98-01 for a conditional use permit to allow shared parking at 7910/7914 Bass Lake Road, pursuant to Sections 4.036(11)(12) and 4.21 of the New Hope Code; and WHEREAS, the Planning Commission held a public hearing on Planning Case No. 98- 01 on February 3, 1998, found that all' conditions required by the New Hope Zoning Code for the conditional use permit have been satisfied by the applicant, and recommended approval of the planning case request subject to all conditions as set forth in the City Staff Report dated January 30, 1998; and WHEREAS, the City Council on February 9, 1998, considered the report of the City staff, findings and recommendations :of the Planning Commission, and the comments of persons attending the City Council meeting; and WHEREAS, the City Council hereby finds and concludes that the applicant has satisfied all conditions required by the New Hope Zoning Code for issuance of the requested conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope that the conditional use permit to allow shared parking at 7910/7914 Bass Lake Road, as submitted in Planning Case No. 98-01, is approved subject to the following conditions: 1. Lease/license 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/license agreement is terminated, the off-site parking will be replaced with on-site parking within 150 days. 3. Change the address on the license agreement to state New Hope, Minnesota, instead of Crystal. 4. Revise the license agreement into a recordable 'form to be filed with i-lertnepin County. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 9th day of February, 1998. Mayor Attest: City Clerk FE8-08-98 FRI 11:56 ' P, 02/04. February 6, 1998 Kirk McDonald City of New Hope {401 Xylon Avenue Norttl New Hope, MN 55428 ~t. Theresa Home, Inc. Our File No. 99.15046 Dear Kid<: An issue has arisen as to whether the License Agreement between Osborne Prepares and St. Theresa Home, Inc. relating to employee .~a.~king off the St. Theresa site, is a recordal31e document ! have reviewed the .~reement. In order for l~e document to be recorded, two ~ems need to be addressed. First, ~ signature~ on the dm~umerft mu~t be nelarized. Second. the document must contain the name and address of the ~ who dm.fled the document. I have ~ a page containing the nota~tion blank~, and a place for the "drafted ~ information, ff this page is completed and attached to the Agreement as the third page (aRer the signature page and before the Exhibit page~), the document shoulO De rec, orclal~le. Note ~et if Torrens or registered' property is involved, the Agreement will need to be approved, by the Examiners of Title before it can be recorded. Let me know If you have any que~ohs on this. Sincere,y, Ma.tin P. Ma!ec.h.a Assistant City AffOmey ~EB-06'--98 FRI 11:57 ' P. 04/04 STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing was acl(nowledged before me this day of ............ 199 , by and , the and ., of ...,a under the laws of . on behalf of the Notary Public STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing was acknowledged before me this ~ day of _. · 199 , by and ..... the and , of , a under the laws of , on behaff of the Notary Public This Document Drafted By: COUNCIL I;tF T FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works ~ 2-9-98 Development & Planning Item No. Jeannine Clancy By:. 8.3 PRESENTATION REGARDING 36"~ A~NUE (WINNETKA AVENUE TO TRUNK HIGHWAY 169) CONCEPT REPORT- IMPROVEMENT PROJECT 626 -. The Capital Improvement Program includes reconstruction of 36"~ Avenue (Winnetka Avenue to Trunk Highway 169) in 2000. In December 1997, the City Council authorized preparation of a concept report for this project, which included a pa. vement evaluation of the existing asphalt· In summary, the concept report recommends that: · This section of street not be included in the 1998 sealcoat program. The pavement evaluation indicates that the pavement surface has deteriorated to a point that sealcoating is no longer feasible. A limited amount of patching should be done in order to keep the ddving surface in a suitable condition. · An option for the cross section of the street be selected after additional meetings with the City Council and after meetings with the neighborhood. While many options exist, some of them are not financially feasible for the City. · That the impact of changing the cross section of the street at the intersection of 36"~ Avenue and Boone Avenue be determined and the most appropriate form of traffic control (four way stop versus traffic signal) be agreed upon. · That a warrant study be completed at the intersection' of Hillsboro Avenue and 36"~ Avenue to determine the most appropriate form of traffic control. · That a determination be made regarding the scope of.the drainage improvements and financing for these improvements. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 Request for Action Project 626 - Concept February 9, 1998 ' Page 2 · That a determination be made regarding aesthetic improvements to the street including, but not limited to, placement of overhead utilities underground or construction of streetscape amenities. · That the watermain in 36"~ between Boone Avenue and Decatur Court be replaced. · That staff contact MnDot and the City of Plymouth to determine the feasibility of widening the bridge across TH 169 to better accommodate pedestrians and bicyclists: The City Engineer will present the report to the Council on Monday evening. In order to provide Council with an opportunity to review the impacts and feasibility of each option described in the report, staff requests that this project be further studied at a council worksession. Originating Dc-pa I~uent Approved for Agenda Agenda Section Public Works 2-9-98 Development & Planninc, I / Item No. By: Jeannine Clancy By:. 8.4, PRESENTATION REGARDING DOROT/H/Y MARY PARK; MOTION AUTHORIZING STAFF TO PROCEED WITH NEIGHBORHOOD MEETINGS (PROJECT 618) The 1998 Capital Improvement Program includes $140,000 for improvements to Dorothy Mary Park. Some of the improvements being considered are replacement of the dock, reconstruction of the steps which provide an entrance off of 60 '~ Avenue North, and drainage improvements. Parks\Recreation and Public Works staff as well as representatives from the City Engineers office recently toured Dorothy Mary Park and inspected current drainage problems, the condition of improvements such as the steps, trails, dock and benches, and the condition of natural amenities such as the woods and the pond. Since the park covenants require that the City maintahl and beautify the park m a natural and wild state, the City Engineer's office also reviewed pre-development and historical maps to determine the composition of the park before settlement. The City Engineer's office has prepared a concept report which discusses these issues and is attached. Many alternatives exist to address the park issues. Because there are a variety of options that the City could pursue, staff is recommending thai a neighborhood meeting be held before any design work begins. This would give staff the opportunity to meet with neighborhood residents and representatives of the Citizen's Advisory Commission to discuss the history of the park and its current condition, and develop a common vision and broad goals for management of the park. After options for park improvements are develope~ with the neighborhoof:l. 's input, a presentation would be made to the Citizen Advisory Commission and City Council. Shem Buss, a landscape architect from Bonestroo, will present the report to the Council on Monday evening. Staff requests that the following motion, be made: "Motion authorizing staff to proceed with neighborhood meetings regarding Dorothy Mary Park.= MOTION BY Sl!~COND BY TO: Review: AdminiStration: , Finance: REQUF T FOR ACTION Originating Department Approved for Agenda Agenda Section EDA Community Development  Item No. By: Kirk McDonald By:. 4 RESOLUTION APPROVING LETTER (~-"/UNDERSTANDING BETWEEN THE FRIDLEY HOUSING i AND REDEVELOPMENT AUTHORIT/Y AND THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY FOR THE SUBURBAN REMODELING PLAN BOOK PROJECT (IMPROVEMENT PROJECT NO. 623) At the November 10, 1997, New Hope Economic Development Authority meeting, th® EDA discussed and was receptive to New Hope's participation in the Suburban Remodeling Plan Book Project. A number of inner-ring suburban communities are participating in the project which would result in a plan book with remodeling/expansion ideas for several different styles of homes being made available to each city for use by residents. A request for proposals for architects to prepare the plan book was sent to a number of firms and Robert Gerloff Residential Architects was selected to complete the project. The maximum cost for each participating city is $5,000 and New' Hope's portion would be paid out of the EDA budget. The city of Fridley Housing and Redevelopment Authority is coordinating the project on behalf of the participating cities, including the contract with the architects and invoicing each city. The Fridley Housing and Redevelopment Authority has ag~:eed to enter into a contract with Robert Gerloff Residential Architects to produce the content of the remodeling plan book focusing on typical housing styles in fully developed suburbs. Enclosed is a Letter of Understanding, a copy of the draft contract between the Fridley HRA and Gerloff and an invoice for $5,000. Fridley is requesting that each participating jurisdiction initiate the process to formally approve participation in the project and the enclosed resolution approves the Letter of Understanding. The contract amount is $60,000. Up to 18 cities may participate in the project, but it is anticipated that no les~ than 12 cities will participate and contribute to the cost of the contract. The funds from participating cities will be deposited with the Fridley HRA, who will execute the contract and pay on the contract from the deposited funds. Any unused funds would be reimbursed to the participating cities on a pro-rata basis. (cont'd.) it? ! -- Review: Administration: Finance: RFA-O01 ~ Re,:- LeSl fcr Action Page 2 2-9-98 The. ~u,~:>ose of the Letter c~'~ Understanding is for each city to agree on certain terms with the Fridley H~,.:~ ~-e.~,:alding the use of the $5,000. The purpose of the contract with the architects is to produce the o,.'>r'~e.~r~t of the plan book. Each city will be responsible for publishing/duplicating their own plan book. Thc. _et~ er of Understanding specifically contains the following understandings: 1. -'he 2,ity agrees to pay S5,000 to the Fridley HRA to be held on account to pay for the contractual services. 2. :'he 3ity acknowledges that the Fridley HRA is administering the contract on behalf of several cities and that the publishing and production of the plan book will.be an additional undertaking to be ~:ompleted in cooperation with the cities. 3 'Fhe Cty agreed to defend, indemnify, and hold Fridley HRA, it officers and employees, harmless Ir'orr any liabiiity claims damages, costs, judgments, or expenses, including reasonable attorney fees resulting directly or indirectly from an act or omission of the Fridley HRA, its officers and emp:io,jees, in administration of the contract. 4 -!he HRA agrees to administer the contract in consultation With the cities at meetings regularly established by the cities' representatives. This may include, but is not limited to, requesting addticnal services, rewewing the architects work performance,' and specific direction regarding ;~reparation of the plan book. 5 '~-he Fridley HRA agrees to refund any unused portion of the cities' payments in a manner as --~utJa ly agreed to by the cities and that the use of the funds is for the purposes as described in this ~.ett~;r of Understanding 6 :'he HRA acknowledges that the City is entitled to use the content of the plan book; however, the :3ity agrees to work in consultation with the cities identified.in publishing the plan book. The Letter of Understanding has been reviewed by the City Attorney. St~f~ r~,.:cmmends approval of a Resolution Approving Letter of Understanding Between the Fridley I~o~,s. in!.: ~nd Redevelopment Authority and the New Hope Economic Development Authority for the S~.~o,,.~rban Remodeling Plan Book Project (Improvement Project No. 623). ', ik REQUF T FOR ACTION Originating Department Approved for Agenda Agenda Section EDA Community Development  ~ Item No. By: Kirk McDonald By:. 5 RESOLUTION AUTHORIZING THE PRE AND EXECUTIVE DIRECTOR TO ENTER INTO A REDEVELOPMENT CONTRACT WITH PROJECT FOR PRIDE IN LIVING,. INC. FOR FUNDING OF BASS LAKE ROAD REDEVELOPMENT (IMPROVEMENT PROJECT NO. 614) At the October 27, 1997, EDA meeting, a presentation was made by city staff and Project for Pride in Living, Inc. regarding a concept Proposal for the redevelopment of the multi-family dwellings located at 7302-7316 Bass Lake Road. The project involves the redevelopment of the eight four-plexes located at the site and the construction of new townhomes. A total of 34 units would be created with 14 existing units being rehabilitated and 20 new units being constructed. A variety of financing sources would be utilized, including tax increment financing funds from the City. The EDA unanimously supported the project and directed staff to proceed on the project with PPL. Since that time, a neighborhood meeting has been conducted and several meetings with city staff have taken place. The next step in the process is the approval of a Redevelopment Contract outlining the responsibilities of the City and PPL. Said contract is necessary so that PPL can demonstrate the City's commitment to the project to other funding agencies. The contract, which has been reviewed and revised by the City Attorney, states that the City will have final approval on the plans. The City Attorney will review the contract with the EDA and PPL will also be present at the meeting to make a presentation and answer any questions the EDA may have. Also enclosed is a summary of the Redevelopment'Contract by PPL, a project bulletin and the most recent concept site plan that is being sent to property owners in the area, a summary of the planning issues prepared by PPL in response to the City's Planning consultant's report. Lastly, a summary of the development agreement planning issues and a report from the City's Planning Consultant are also attached. Staff recommends approval of the resolution. MOTION BY SECOND BY / Review: Administration: Finance: RFA-O01 ~ ~ ~OUIYU, IL O~m~ Depment ~pmved for ~enda ~enda Section Community Development Con sen Item ~: Kirk Mcdonald ~ 6.4 RESOLUTION VACATING STORM SEWER AND UTILI~ AND D~INAGE ~SEMENTS AT 7300- 7390 49~'AVENUE NORTH (IMPROVEMENT PROJECT NO. 598/P~NNING CASE 97-06) In the spring of 1997, the City began a vacation proceeding for ~o easements at the 7300-7390 49~" Avenue site, which is pa~ of Five Thousand ~nnetka 2"" Addition. One of the easements involved vacating 10 feet of the 20-foot wide easement along the southeast border of the prope~y so that the building could be constructed 10 feet from the prope.y line. The second easement vacation involved vacating a po.ion of the storm sewer easement running noAh/south through the propeAy, due to the fact that a potion of the building was located over the storm sewer pipe and easement. Per the a~ached correspondence from the City Afforney, the City has obtained and recorded permanent replacement easements for the relocated storm sewer pipe and for a rededication of the drainage (ponding) easement along the no.herly pa. of the prope~y. It is now appropriate for the City to complete the original vacation proceedings. The enclosed resolution, which was prepared by the City Attorney, completes the vacation proceedihgs. Staff recommends approval of the resolution. MORON' BY SECO~ BY -- R~: ~tra~on: F~ce: O~ma~g Deposit ~p~ for ~enda a..~a~ Section CommuniW Development Co ns en t Kirk McDonald Item No. ~: ~: 6.6 RESOLUTION AUTHORIZING REDUCTION OF LE~ER OF CREDIT FOR 7300 49TM AVENUE' NORTH (P~NNING CASE NO. 97-06) The Ci~ has held a Le~er of Credit in the amount of $101,700 on the 7300 49~ Avenue development for the installation of public improvements and on-site amenities. This amount was held to insure that specific improvements were made, including relocation of the 30-inch sto~ sewer, water capaci~ pond/easements, installation of landscaping and for restoration/erosion control. The majori~ of the improvements have been completed and the developer has requested a reduction in the Leffer of Credit. There are ~o major areas of concern that need to be addressed which are linked to the Le~er of Credit: I 1. Pond Construction - Per the Ci~ Engineer's November 14 correspondence, four items related to the no~h pond were not constructed according to the plans approved by the Ci~. The Ci~ Engineer is recommending retaining $30,000 until the identified issues are resolved. 2. Fire Alarm Issue - Per the Ci~ AEorney's Februaw 17 correspondence, he is recommending that $40,000 be held until the fire alarm variance issue is resolved. Based upon the recommendations of the Ci~ AEorney and Ci~ Engineer, staff is recommending a reduction in the LeEer of Credit as follows: Original Leffer of Credit Amount $101,700.00 Amount to be held for pond issues 30,000.00 Amount to be held for fire alarm issues 40,000.00 Total Amount of Recommended Reduction $ 31,700.00 Staff recommends thai the Leffer of Credit be reduced b~ $31,700, from $101,700 to $70,000.00. The enclosed resolution authorizes the reduction and staff recommends approval of the resolution. M~ON BY SECO~ ~ TO: ~: ~s~on: F~e: .i · ~ COUNCIL REQUF~T FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development Consent 2~8 Item No. By: Kirk McDonald By:. 6.8 MOTION AUTHORIZING STAFF TO OBTAIN APPRAISALS ON MULTIPLE FAMILY DWELLINGS AT 7601 AND 7641 62NO AVENUE NORTH (IMPROVEMENT PROJECT NO. 613) Staff have received the enclosed correspondence from the owner of the two four-plexes at 7601 and 7641 62nd Avenue stating their desire to sell the two properties and inquiring if the City has an interest in the property. Both buildings have four two-bedroom apartments and were constructed in 1960. The current market value of each property is $117,000 ($26,000 land and $91,000 building). Per the General Inspector, both buildings are in deteriorating condition and would require substantial rehabilitation. The two properties are located on either side of the building/property recently purchased by the City at 7621 62nd Avenue. The market values of the properties are identical to the property recently purchased by the City. Staff is requesting authorization to obtain an appraisal on each of the two properties to determine the market value of the properties and to determine how the market value compares to the property recently purchased by the City. If and when the appraisals are completed, at some future date staff would present the results to the Council to determine an appropriate response to the owners inquiry. The appraisals would not be for public disclosure and are protected information under the Minnesota Data Practices Act. Staff obtained two quotes for the appraisals as follows: Firm' Quote BCL Appraisals $900 ($450 per building) Herman Appraisal Services $1,950 MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 Request for Action . Page 2 2-2~..~ These quotes were considered by the City Council on February 9 and staff recommended accepting the Iow quote from BCL Appraisals. The City Council tabled this matter and directed staff to contact BCL and request consideration of a reduction in the proposed fee. Due to the fact that BCL has already completed an appraisal on the adjacent property, the Council questioned whether there wouldn't be some duplication of work for the appraisals on the other two buildings. Staff contacted BCL and, per the enclosed letter, they have agreed to reduce the cost to $300 per building or $600 total for appraisals on both buildings. The appraisals will be paid for with EDA, TIF or scattered site housing funds. Staff recommend approval of a motion approving the revised quote submitted by BCL Appraisals in the amount of $600. cOV cm REQUF T FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 2-23-98 Consent Kirk McDonald ~ ,'"~ Item No. By: By:~/// 6.10 MOTION APPROVING FINAL PAY REQIg/EST TO ANTON CONSTRUCTION, INC. IN THE AMOUNT OF $4,207.25 FOR REHABILITATION AT 5212 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 573) This is the final pay request from Anton Construction, Inc. for the rehabilitation of the single family home at 5212 Winnetka Avenue North (Improvement Project No. 573). All work has'been completed except for some very minor items that cannot be completed until spring and the Building Official has issued a Certificate of Occupancy. The City is retaining a $450.00 escrow to insure completion of the remaining items this spring. The appraisal of the rehabilitated property has been completed and marketing of the property is currently in process. The final pay request is in the amount of $4,207.25 and staff is recommending approval subject to the following conditions: 1. Completion of IC-134 requirements by the. Minnesota Department of Revenue. 2. Escrow in the amount of $450.00 be retained for exterior items that cannot be completed until spring. The original contract amount was $84,595 and $56,145 was paid for the first pay request, leaving a balance of $28,450. The second pay request was in the amount of $28,450, but only $23,792.75 was paid so that a 5% retainage on the project could be retained. This final pay request will release that retainage, except for the escrow amount. Staff recommends approval of a motion approving the final pay request subject to the conditions stated. MOTION BY TO: Review: Administration: Finance: RFA-O01  I COUNC/L RF., UF T FOR ACTION Orlginat. tr~ Department Approved for A~enda A~enda Sect/on Community Development Co~se~t  2-23-98 Kirk McDonald Item No. By: By:. 6.11 RESOLUTION APPROVING TRANSFE RESPONSIBILITY FOR REGULATORY PROGRAMS AND INSPECTIONS COVERING FOOD, BEVERAGE AND LODGING ESTABLISHMENTS TO HENNEPIN COUNTY At the January 12 City Council meeting the Council considered options for health inspection services' for New Hope and directed staff to coordinate an agreement whereby Hennepin County would assume these responsibilities for the City. Subsequent to that meeting the following actions have taken place to achieve that goal, as follows: 1. A letter was sent from the City Manager to the Minnesota Department of Health informing them of the City's desire to relinquish control over municipal environmental health inspections. The state will delegate the responsibility to Hennepin County. 2. Appropriate City staff met with HennePin County at the end of January to discuss how and when the changes would be taking place and established March 1, 1998, as a target date for the transfer of responsibilities. Due to the fact that New Hope had already collected license fees for 1998, the County was agreeable to be flexible in this area and meet with staff later in the year and pro-rate the fees so that the City can recover its costs associated with collecting the fees and then relinquish the remaining funds to the County. 3. City staff also met with the Department of Agriculture to discuss what responsibilities they will assume. To complete this process of transferring responsibilities, the Minnesota Department of Health has sent the City the attached Supplementary Agreement. The agreement was referred to the City Attorney for review and he has p~epared the enclosed resolution transferring the inspections responsibilities to Hennepin County and authorizing the Mayor and City Manager to execute the Supplementary Agreement and to take all other necessary steps to facilitate the transfer of responsibilities. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ i REQUEST FOR ACTION _ Originating Depazbhent Approved for Agenda Agenda Section Community Development 2-23-98 Public Hear!ng Kirk McDonald & )/3 Item No. By: Jacquie Cavanagh By:.f/ 7. ! PUBLIC HEARING - RESOLUTION APPROVING PROJECTED USE OF FUNDS' FOR 1998 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS This is. the annual Public Hearing for the use of Urban Hennepin County Community Development Block Grand (CDBG) funds. The City has been notified that it will receive $162,931 in 1998 (July-1, 1998 to June 30, 1999) CDBG funds if qualifying programs proposed by'the City staff and residents are approved by the City Council and Hennepin County. This amount is a $4,931 decrease from the 1997 funding of $167,862. The formula for determining the planning allocation is based upon population, incomes at or below poverty level, and overcrowded housing units. The following County housing and community development priorities are to serve as a guide when considering the use of CDBG funds to address local needs. The County will consider the relationship of proposed projects to the County priorities in their evaluation of. projects for CDBG funding. The priorities include: Housing Rental and Supportive Housing - planning, site acquisition, related infrastructure for development of new units and rehabilitation of existing units for Iow income households (less than 50% of median income). Home ownership - planning, site acquisition, related infraStructure, down payment assistance for Iow income first-time home buyers and rehabilitation of existing units occupied by Iow income households. community Development Neighborhood redevelopment/revitalization, senior centers, removal of~architectural barriers/ADA compliance, lead-based paint abatement, and planning activities to address housing and community revitalization needs. MorION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ RFA Page 2 February 23, 1998 Public Services Services to senior citizens, disabled persons and youth; child care assistance and transportation services. No more than three activities can be undertaken in one community and each activity should have a budget of at least $7,500. When funds are committed jointly with other participants (cities) to carry out a single activity, these limits do not apply. Communities are strongly encouraged to develop joint initiatives to address mutual needs by consolidating their resources. _. Communities may initially use up to 20% of their CDBG planning allocation to ~und public services. Proposals that exceed 20% will be reduced. Once all proposals have been submitted, county staff will determine if the 1998 program has exceed the HUD required 15% cap on public services. If the 15% cap has been exceed county-wide, communities budgeting over 15% of their allocation may have to make reductions. The following activities are the program requests proposed by staff: Activity Budget Child Day Care $15,000 Senior Transportation 12,311 Youth Services 5,275 Micro Business 15,000 Housing and Rehabilitation 30,000 Scattered Site 85,345 $162,931 Child Day Care This is an ongoing joint-city activity that the City has sponsored in previous years. This is the specific amount requeSted from the Minneapolis Day Care Association and $3,000 of the GMDCA funds are committed to the Adventure Club. Staff is also investigating whether some of these funds can be utilized for the Detached Worker Program. This use is considered a public service activity. Senior Transportation This is also an ongoing joint-city activity that the City has sponsored in previous years. This is the specific amount requested by the Five-Cities Transportation Project. This is also considered a public service activity. Youth Services This year the City received a request from Family Hope Services for $8,500 to support transportation and outreach costs for the Tree House Program serving at-risk youth and families. This is considered a joint-city public service activity. Due to the 20% public service funding cap, staff is recommending a funding level of $4,275. (20% of $162,931 = $32,586; $15,000 for Day Care + $12,311 for Senior Transportation + $5,275 for Youth Services = $32,586). RFA February 23, 1998 Page 3 Micro Business This is for the second year of funding for the Enterprise Facilitation P~:ogram, a pilot project micro business program with the City of Crystal, the Hennepin County Department of Jobs and Training, and Metro HRA. Hennepin County has indicated that the cities could fund their portion of the program with CDBG funds. This is considered a joint-city activity. Housing Rehabilitation This is an ongoing activity that has been sponsored in previous years. Funds are made available to assist Iow income persons in making basic repairs to homes that they own. Scattered Site Housing This is an ongoing activity that has been sponsored in previous years. Funds are made available for site acquisition, rehabilitation of existing units, related infrastructure improvements and first-time home buyers assistance for Iow income households. The City also received a funding request from Community Action for Suburban Hennepin in the amount of $4,000. Detailed program requests are enclosed that explain how the funds will be used for each of the proposed programs. Pending input from the public, staff recommends closing the public hearing and adopting the resolution. REQUF~T FOR ACTION originating Department Approved for Agenda Agenda Section Devel o preen t City Manager ~ & Planning (", ,,/ 2-23-98 Item No By Dan Donahue s3n,~ : . 8.1 ' pRESENTATION BY CAREBREA~ON PROPOSED DEVELOPMENT AND REQUEST FOR COUNCIL TO CONSIDER TRANGFER OF LAND AT 55th AND BOONE (PROJECT NO. 493) Three years ago CareBreak requested and had received approval to develop a 25,000 square foot adult daycare center on land owned by the City at 55"~ and Boone. At that time, financing could not be arranged and the development ne~er went forward. The organization has now reformulated their plans and would again like to ask the City Council to consider transferring the property to them for the development of a senior adult daycare center. Deb Rose will be at the council meeting to represent CareBreak and'present the concept plan and the request for the property. MOTION BY SECOND BY TO: Review: Administration: Finance: REQUEST FOR ACTION Originating Depa~t~ent Approved for Agenda Agenda Section Public Works 2-23-98 Development & Planninc_:_:j By:.~ Item No. By: Jeannine Clancy 8.2 / CONSIDERATION OF BIDS FOR THE PUBLIC WORKS FUEL FACILITY (Project 590) The City of New Hope operates a fuel facility located at-Public Works. This facility provides fueling services for all Public Works, Police, Fire and administration vehicles and equipment. The fuel facility includes three underground storage tanks (USTs) for storage and dispensing of fuel and one elevated propane storage tank. Approximately 65,500 gallons of fuel is dispensed each year. By December 22, 1998, the City must either comply with new State and Federal Environmental Protection Agency (EPA) regulations or discontinue use of the facility. Basically, the underground storage tanks must be upgraded to meet spill, overflow, and corrosion protection. The City Council has directed staff to prepare plans and specifications and to accept bids for removal of the existing system, installation of two 10,000 gallon fuel tanks, and installation of a new fuel dispenser system. The alternate bid is for a fuel management system which consists of gas cards or keys and a softwar~ program to track consumption. The bids were opened on December 23, 1997. The following bids were received: Contractor I Ba~e Bid Amount Alternate Total 'American Tank Services. Inc. $9513408 $7.775.00 i $102.909.08 MN Petroleum $1071875.00 $178.09 : $108.053.09 Ceres Environmental $1071973.75 $8.500.00 ; $116.473.75 Pumo & Meter Service. Inc. $108.295.00 -$21015.00 ' $106.280.00 Zahl'EauiDment ComDanv $120.788.25 -$300.00 ~ $120.488.25 Earth B'umers. Inc. $129.118.00 $7.900.00 i $137.018.00 J & D Enterprises of Duluth $145.814.00 $10.000.00 [ , $155.814.00 Engineer's Estimate $122,670.00 MOTION BY SECOND BY TO: Review: Administration: Finance: Fuel Facility ~~ Project 590 February 23, 1998 ~ . Page 2 Staff also conducted a trial run of use of the School District Fueling Facility. During this trial period, twelve city vehicles fueled at the school facility. The findings of this thai run are in the attached memorandum and summarized as follows: · Police personnel will be impacted the least by fueling at the School District Facility. · The Fire Department will have some inconvenience when fueling their large pieces of equipment due to the size of bays and the reliability of one of the pumps. · The Public Works vehicles averaged a 15 minute stop due to the off site location, the road speed of some of the equipment, and problems encountered with the dispensing equipment. Staff has requested that Bonestroo revise the cost analYsis of the fuel facility options. The revised cost analysis assumes the actual 'low bid plus 25 percent for engineering, legal and contingency costs. The analysis also revises the cost identified as time utilized by employees to fuel off site. The cost comparison is attached and essentially shows that: · Constructing a new system at Public Works has the lowest cost over a 10 year pedod; although, the cost is comparable (within 4%) of using a private vendor. · The cost of a new facility at Public Works would break even with the cost of the School District fuel facility in 5.0 years. · The cost of a new facility at Public Works would break even with the cost of using a private vendor after 9.5 years. The options before the Council are as follows: 1. Adopt the resolution awarding the bid to American Tank Services for the base bid plus th® alternate for the fuel management system. If Council agrees to this, the project would begin in the Spring and be completed by the Summer. Funding is available in the Central 'Garage Replacement Fund. 2. Direct staff to negotiate with a Private vendor for fueling services. An agreement identifying costs would be considered by Council at a future date. In addition, specifications would need to be prepared to remove the city's existing fuel facility and a 500 gallon elevated tank purchased to Store fuel for small engine equipment. 3. Direct staff to negotiate with the School District for fueling services. An agreement identifying costs would be considered by Council at a future date. Again, specifications would need to be prepared to remove the city's existing fuel facility and a 500 gallon elevated tank purchased to store fuel for small engine equipment. Fuel Facility Project 590 February 23, 1998 Page 3 From an operations and efficiency standpoint, staff recommends that the City maintain its own fueling facility. However, staff recognizes that this project does require a capital investment on the part of the City, and there is liability associated with underground fuel facilities. If Council does not feel that the fueling facility is an appropriate capital expenditure, staff would prefer to further investigate a private facility as opposed to entering into an agreement with the School District. G:Requests\590AP PROJECT BULLETIN Project No. 543 _ Demolition 0fthe Old Fire Station at 4300 Zealand Avenue North Overview The City of New Hope is proceeding with the demolition of the old New Hope Fire Station at 4300 Zealand Avenue. This building housed the New Hope Fire Department until they moved into their new building at 4251 Xylon Avenue in 1991. Since that time, the old Fire Station has been used primarily for storage of city equipment and as a storage facility for NEAR, a local food shelf agency. Due to the condition of the building, its continued use is no longer feasible. The project will include the removal of the existing building, including slabs and foundations, and removal of the bituminous parking area on the west side of the building. The driveway from Zealand Avenue to the new Fire Station will be maintained, but will have a reduced width. The area now occupied by the Fire Station and the adjacent parking area will be restored to turf. At this time there are no definite plans for the site. The trees on the site will be protected during the demolition. In preparation for this project, the communication systems have already been removed from the building. The civil defense siren that had been located on the roof of the old building has been relocated to a pole just east of the building. Prior to its demolition, the building will be used for training by the New Hope Fire Department. Several training exercises are scheduled, but all will be confined to the office and dorm areas of the building. All heaters, lighting fixtures, and asbestos-containing floor tile will be removed and properly disposed of before the training exercises begin. After each training, exercise, the building will be properly secured. Project Schedule The New Hope City Council awarded the contract for the building demolition in the amount of $32,191.75 to DKH Excavating at the January 26 Council Meeting. The contract allows for the demolition contractor to begin work on March 16 and requires that the building demolition be completed by April 17. Once the demolition is accomplished, the site will be restored to turf by May 15. Construction Hours Standard construction h°urs'will be between the hours of 7 a.m. and 10 p.m. Monday through Friday, and 9 a.m. and 9 p.m. on Saturday.' All work, including mobilization of equipment, will take place during these time periods. Contact Persons If you have questions or concerns during the demolition project, please direct your calls to Vince VanderTop, Project Inspector, at 604-7490 or Tom Schuster, Contract Manager, at 533-4823 ext. 13. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 2/2/98 4401 Xylon Avenue North City Hall: 812-531-5100 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 February 5, 1998 PROPOSED BIKE LANE PROJECT PUBLIC MEETING Dear New Hope Resident: I am writing to invite you to attend a public meeting regarding proposed bike lanes' on Boone Avenue, sections of 49th Avenue, and sections of Quebec Avenue in New Hope. Backaround The City of New Hope 1995 Transportation Plan identifies the need and recommends that the City encourage the use of the bicycle as a mode of travel for recreational as well as other types of trips. The Transportation Plan included potential locations for bike lanes and bike paths. Every year, the City sealscoats a section of its streets. Sealcoating is a necessary maintenance activity in which oil and rock are applied to the asphalt surface of the street. Sealcoating extends the life of the pavement and also helps add traction to the pavement surface. This year, the City is scheduled to sealcoat a portion of its collector streets. Since the placement of oil and rock will cover the existing pavement markings, an opportunity exists to stripe certain streets in the sealcoat area for bike lanes. Bike Lane Locations Streets that are scheduled to be sealcoated and are identified as potential bike lane locations include the following: · Boone Avenue (Medicine Lake Road to 62"d Avenue) · Quebec Avenue (49~ Avenue to 42nd Avenue) · 49th Avenue (Boone Avenue to TH 169 and Winnetka Avenue to Quebec Avenue) The enclosed map better illustrates these locations. Options Some of the options currently being considered are as follows: Boone Avenue (Medicine Lake Road to 62"d Avenue): · Option 1: Provide pavement markings and signs that would restrict parking to one. side of the street. Bike lanes would exist on both sides of the street. Given the locations of schools and parks, consideration is being given to prohibiting parking on the west side of Boone between 62nd Avenue and 36~h Avenue. Parking would be prohibited on the east side of Boone between 36th Avenue and Medicine Lake Road. · Option 2: Continue to allow parking on both sides of Boone Avenue. The pavement would be marked and signs installed to designate parking lanes and bike lanes. · Option 3: Make no changes to the pavement markings and signs. Family Styled City ~ For Family Living New Hope Resident Page 2 February 5, 1998 49th Avenue (Boone Avenue to TH 169 and Winnetka Avenue to Quebec Avenue): · Option 1: Continue to prohibit parking on the south side of 49"' Avenue. The pavement would be marked and signs installed to allow parking on the north side of 49"' Avenue and bike lanes on both sides of the street. · Option 2: Make no changes to the pavement markings and signs. Quebec Avenue (49"' Avenue to 42"d Avenue): · Option 1: Continue to prohibit parking on the east side of Quebec Avenue. The pavement would be marked and signs installed to allow parking on the west side of Quebec Avenue and bike lanes on both sides of the street. · Option 2: Make no changes to the pavement markings and signs. Cost and Funding If approved by Council, the cost of the bike lane project (estimated at $20,000) would be paid for through the City's capital improvement and operating budgets. There would be no special assessments levied against adjacent properties for this project. Meeting Information The Citizen Advisory Commission will discuss this topic at a meeting on February 26, 1998, between 6:00 and 7:30 PM. The Commission will listen to public input on this topic and make a recommendation to the City Council. If you wish to comment about this proposal but cannot attend the meeting, you may call City Engineer Mark Hanson at 604-4838 or Project Engineer Vincent VanderTop at 604-4790. You may also write to the Citizen Advisory Commission at 4401 Xylon Avenue North, New Hope, MN 55428. - This letter has been sent to those residents who directly abut Boone Avenue, sections of 49th Avenue and sections of Quebec Avenue. If you know anyone else who may wish to attend the meeting but did not receive this letter, please invite them to come along. Thank you for your interest in this project. Sincerely, City Manager cc: Citizen Advisory Commission Members City Council NEW HOPE, MINNESOTA Course Works Road - 'o o 5*th Avenue N I i LEGEND Transpori:ction P!cn Bikeways in 1998 Seo! Coot Project : Figure 2 I : 4.2nd Rockford I : : it I Avenc~e ~ 0 1050 H 2100 _ ] ,,~o~e in feet I ~ jJ]~ Bonestroo -~ flosene Anderlik & Associates Engfneer~ & Architects St. Paul. Milwaukee December 1997 K: ~54~54216~54216FO2.0WG PROJECT NO. 614 Bulletin #1 _ Project for Pride in Living (PPL) Bass Lake Road Housing Development Overview This is to inform you about the progress of the Project for Pride in Living (PPL) Bass Lake Road housing development. The development is on schedul® and will be submitting applications in mid-February for mortgage funds. PPL has proposed to renovate the four-plexes into two unit, two-story buildings, for a total of 14 four-bedroom units. Breckenridge will remain as the occupant of the eighth f. our-plex. A new garage would be built between each four-plex. Twenty three-bedroom townhouses would be built at both the north and south ends of the site. These would have tuck-under garages. Thirty-four units would be created: 14 rehabilitated and 20 new. There are 28 units on the site right now. Initially, eight of the units would be reserved for families on the Minneapolis Public Housing waiting list and four units would be for families on the New Hope waiting list. These twelve units would consist of six three-bedroom ahd six four-bedroom units. Rent for the market rate units will be approximately $660 for the three-bedroom and $740 for the four-bedroom, with tenants paying their own utilities. Two handicapped accessible units would also be created. The plan is to begin construction this fall and be finished in the spring of 1999. In December, PPL hosted a tour of buildings this nonprofit corporation has built and is managing, followed by a lunch and a discussion with the project architect. Another design meeting with the neighbors will be held this spring. Site Plan There has been one minor change in the concept site plan, which is attached. Due to the need to maintain two ways to enter and exit the site, the office building land has been excluded because it is loCated on the west side of the drive. In addition, clustering the townhouses in this way allows for joint garages for each cluster, which reduces the amount of pavement needed for driveways and increases the lawn. A new storm sewer will serve the site, which should eliminate problems adjoining neighbors have had with runoff from these buildings. Contact Person For more information contact: Chris Wilson, PPL Project Manager 874-3314 Steve Cramer, PPL Executive Director 874-8511 Lisa Kugler, PPL Development Consultant 827-2189 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 531-5100 2/6/98 PLANNING AND DEVELOPMENT Fourth Quarter 1997 Report The Planning Commission reviewed the following cases during the fourth quarter: MOA' No. of Cases Notices Sent October 5 99 November 0 0 December 3 0 Month ReqUest Number Approved Denied Withdrawn Tabled Oct. Vadance 2 2 CUP 1 1 Ord. 2 2 Nov. None 0 Dec. Ord. 2 2 Comp. Sign Plan 1 1 TOTALS 8 '8 Year To: Date Approved Denied W'ffJidrawn Tabled Comp Sign Plan/Amend. 3 Ordinances 10 2 Plat Site/Bldg Plan Review Variance 4 Comprehensive Plan 1 CUP 4 1 YEAR TO DATE TOTAL 24 3 PLANNING/DEVELOPMENT ISSUES 1. Improvement Project #611, Primo Piatto Request for IDRB - At the October 13 City Council meeting, the Council granted preliminary approval for a request from Primo Piatto for Industrial Development Revenue Bonds. 2. Planning Case 97-19, Request for CUP for Outdoor Storage Trailer, 2751 Winnetka Avenue - At the October 7 Planning Commission meeting, the Commission approved a CUP for an outdoor storage trailer for the Value Village Thrift Store, which relocated to the Midland Shopping Center in December, subject to several conditions. The City Council concurred with the Planning Commission's recommendations at its October 13 meeting. 3, Planning Case 97-20, Request for Variances at 5600 Highway 169 and 6621 International Parkway - At the October 7 Planning Commission meeting, the Commission recommended approval of a side yard setback variance for each property so that a building connection could be constructed. At the October 13 City Council meeting, the Council approved the request as recommended by the Planning Commission. 4. Planning Case 97-21, Request for Variance for Second Driveway Access at 2865 Quebec Avenue - At the October ~7 Planning Commission meeting, the Commission recommended approval of a side yard setback variance to allow a second driveway for handicapped access purposes, subject to several conditions. The City Council concurred at its October 13 meeting. 5. Ordinance #97-151Planning Case 96-31, An Ordinance Establishing a Shoreland Permit Overlay District - At the October 7 Planning Commission meeting, the Commission recommended approval of an ordinance amending the New Hope City Code by establishing a Shoreland Permit OverlaY District, subject to flexibility in several areas. The City Council adopted the ordinance at its October 13 meeting. The ordinance was sent to the DNR for review and comment and the DNR did not respond during the fourth quarter. This issue will be finalized in 1998. 6. Resident Guide & Business Directory - At the October 13 EDA meeting, the EDA approved a proposal by the McNulty Group/Planet Publications to produce a Resident Guide and Business Directory. This was a major undertaking during the fourth quarter in cooperation with New Hope businesses. A kick-off event was held and the ad sales at the end of December exceeded budget estimates. City staff also spent a great deal of time preparing the city edit for.the new publication, which will be distributed to residents and businesses in February/March 1998. 7. Ordinance 97-031Planning Case 96-04, An Ordinance Amending the New Hope Code by Establishing Pawn Shops as a Permitted Use in the B-4 Zoning District - At the October 27 City Council meeting, the Council adopted this ordinance as recommended by the Planning Commission and repealed the moratorium. 8. Ordinance 97-2/Planning Case 96-04, An Ordinance Amending Chapter 8 of the New Hope City Code by Establishing Licensing Regulations for Pawnbrokers, Precious Metal and Second Hand Goods Dealers - The City Council adopted this ordinance at its October 27 meeting. 9. Summary of Ordinance 97-2 Eetablishing Pawn Shop Licensing Regulations - At the October 27 City Council meeting, the Council approved posting a summary of Ordinance 97-2 City Hall and the Ice Arena. 10. Planning Case 94-15, Release of Security for Kimball Addition - At the October 27 City Council meeting, the Council approved the release of security for the Kimball Addition. Due to the fact that the developer had an outstanding balance with the City for expenses incurred during the project, the City deposited the security check and refunded the balance to the developer. 11. Planning Case 97-03, Final Plat Approval for Saint Therese Addition - During the first quarter of 1997 the Planning Commission and City Council approved the Preliminary Plat for Saint Therese Addition. Staff continued coordination with St. Therese during the second and third quarters on the final plat. At the October 27 City Council meeting, the Council approved the final plat of Saint Therese Addition, subject to several conditions. Right-of-way and perimeter easement issues were resolved in conjunction with the plat approval. 12. Ordinance 97-28, An Ordinance Deleting New Hope Code Sections 8.11 through 8.117 Regarding Christmas Tree Sales - At the October 27 City Council meeting, the Council adopted Ordinance 97-28 due to the fact that Christmas tree sales were included in the newly adopted ordinance pertaining to outdoor produce sales. 13. MHFA Capacity Building Grant Program Application - At the November 10 City Council meeting, the Council authorized submittal of a Capacity Building Grant Program Application which could finance a portion of the housing component of the Comprehensive Plan Update. The maximum amount of the grant was $2,500. 14. Suburban Remodeling Planbook Project- In October/November, staff discussed with the EDA a cooperative effort of inner-ring suburban communities to develop a remodeling planbook to be used by residents in the remodeling and expansion of their homes. The cost to the City to participate was $5,000; and the EDA approved participation in the project at its November 10 meeting. 15. Metropolitan Council Local Planning Assistance Program Grant Agreement - During the second quarter, the Council authorized staff to submit a grant application to the Metropolitan Council in the amount of $20,000 for consulting expenses that would be incurred to update the Comprehensive Plan. The application was completed and submitted in mid-July. A the. end of August the City was informed it would receive a grant of no less than $8,190. At the November 24 Council meeting, the Council authorized execution of the grant agreement, which describes funding disbUrsements and reporting procedures. 16. Planning Case 97-23, Comprehensive Sign Plan - At the December 2 Planning Commission meeting, the Commission approved a comprehensive sign plan for the building at 5201 Winnetka Avenue, including wall signs and revisions to the existing ground sign. The Council concurred with the Planning Commission's recommendation at its December 8 meeting, and requested that additional fencing/landscaping improvements be completed on the north and east sides of the building in the spring of 1998. 17. Ordinance No. 97-291Planning Case 97-29, An Ordinance Repealing the Lot Coverage Requirement for I-1 Zoned Property - The Codes & Standards Committee of the Planning Commission reviewed this issue dudng the fourth quarter and recommended approval of an ordinance repealing the lot coverage requirement at the December 2 Planning Commission meeting. The City Council, at its December 8 meeting, adopted the ordinance as recommended. 18. Ordinance No. 97-301Planning Case 97-28, An Ordinance Amending the New Hope City Code by Permitting Placement of Air Conditioning Units in Sideyards - The Codes & Standards Committee of the Planning Commission reviewed this ordinance during the fourth quarter in conjunction with a previous variance request. The Committee recommended approval at the December 2 Planning Commission meeting, subject to several conditions being met. At the City Council meeting on December 8, the Council'failed to adopt the ordinance amendment on a 1 to 3 vote. The Council indicated they would prefer to keep the present ordinance in place and review vadance requests on a case-by-case basis. 19. Re-Appointment of Planning Commissioners - At the December 8 City Council meeting, the Council re-appointed Commissioners Landy and Oelkers for three-year terms expiring December 31, 2000. Two Commissioners indicated that they did not wish to seek re- appointment due to work and family commitments. 20. Candidate Interviews for City Commissions - Due to the fact that there were two openings on the Planning Commission, the City Council conducted interviews prior to the first Council meeting in January. The new Commissioners will be sworn in at the February meeting. 21. Planning Case 97-06, 7300 49= Avenue, Hoyt Development - Construction plans for this office/warehouse facility was approved during .the second quarter of 1997, construction was completed dudng the third and fourth quarters, with several unresolved issues. At the October 27 City Council meeting, the Council approved a replacement easement from Kalway Construction Company, the new owner of the property at 7300 49th Avenue. Another issue is the installation of an automatic fire alarm and smoke detection system. The City Council required and approved a variance agreement with the developer at its November 24 meeting, because tenants were allowed to move into the building prior to the resolution of the Code requirement. 22. Enterprise Facilitation Demonstration Project - During the second and third quarters, staff continued to coordinate with Hennepin County Department of Jobs & Training regarding a potential demonstration project with New Hope and Crystal to encourage business development and expansion in the two cities. At the November 24 EDA meeting, the EDA approved participation in the program and authorized the utilization of CDBG funds in the amount of $15,000 allocated for this program. At the December 8 City Council meeting, the Counci! approved a one-year contract with Hennepin County Department of Training and Employment Assistance which states that New Hope will act as the fiscal agent by accepting revenues and disbursing expens_es for the program. At the same meeting, the Council approved, an agreement between the Crystal/New Hope Collaborative and the Sirolli Institute, who will be providing fundraising presentations, technical support, training of committee members, hiring and training a facilitator and community certification. 23. Proposal by Project for Pride in Living (PPL) for Redevelopment at 7302-7316 Bass Lake Road - At the October 27 EDA meeting, a presentation was made by PPL for redevelopment of multi-family dwellings at 7302-7316 Bass Lake Road. The EDA was generally supportive of the concept proposal. A neighborhood meeting was conducted in November and PPL also met with City staff and consultants on the project. This will be a major redevelopment project for 1998. 24. Health Inspection Services - At the November 24 Council meeting, staff discussed with the Council the health inspection services currently being provided by Crystal's health inspectors. Staff requested direction on providing this service either by hiring another health inspector or using the services provided by Crystal or Hennepin County. The Council tabled this issue for discussion at the next meeting. The option of having the County provide the services was further researched during the fourth quarter and staff will be outlining all options for the Council in January. 25. Codes & Standards Committee - The Committee met during the fourth quarter to continue or initiate study of the DNR Shoreland Management regulations, licensing of second hand goods dealers which is a continuation of the pawn shop ordinance, lot coverage requirements in the I-1 District, air conditioning units in side yards, real estate sign regulations, R-1 accessory buildings and setbacks, shopping center parking requirements, and bus benches. 26. Design & Review Committee - The Design & Review Committee did not meet during the fourth quarter because there were no applications that required review by the Committee. 27. Comprehensive Plan Update Committee - The Comprehensive Plan Update Committee, consisting of several members from the* Planning Commission, Citizens Advisory Commission and city staff, was organized dudng the second quarter of 1997. The C(~mmittee began its review of the draft Planning Inventory and conducted a tour of the entire City identifying residentJal/commercial/industrial areas in need of redevelopment during the third and fourth quarters. The Committee will continue making changes to the plan and present this information to the City Council sometime during the first quarter of 1998 for its recommendations. The Committee will continue meeting until the plan is completed. 28. TwinWest New Hope/Crystal Business Council - Dudng the fourth quarter, staff continued coordination with the New Hope/Crystal Business Council, which was initiated by TwinWest last year. The purpose of the Council is to enhance business relationships with the local community, to provide access to the business community on local issues, and to encourage economic vitality through business retention and job creation. The Council holds monthly meetings and is comprised of business members from both Crystal and New Hope.. 29. Business Link Newsletter - The Management Assistant, Community Development Specialist, and Building Official have been publishing/distributing the New Hope Business Link newsletter on a quarterly basis for the past two years. The fall issue was mailed in November and spotlighted Liberty Diversified Industries. 30. Winnetka Shopping Center - The City continued to communicate with the management for Winnetka Shopping Center regarding potential uses for the vacant SuperYalu space and met with SuperValu and Winnetka Center representatives in mid-June. Staff has responded to a number of inquiries about the space.-Staff also met with developers inquiring about the acquisition/rehabilitation of Post Haste Center during the fourth quarter. 31. Potential Development with Upper Midwest Management Corporation - Shortly after the City closed on the acquisition of the property at 9200 49"~ Avenue, city staff met with representatives of Upper Midwest Management Corporation regarding a potential cooperative development of-the site. Upper Midwest Management Corporation owns the office building adjacent to this site and is interested in a potential twin office building. Staff is coordinating with architects representing Upper Midwest Management Corporation on the potential development of a concept site plan for the property. 32. 42nd & Quebec Redevelopment - During the second quarter, the appraisal for the Ardel Engineering property at 7500 42"a Avenue was updated to facilitate future negotiations on the acquisition of that site. Staff continued to have discussions on this during the fourth quarter. The temporary parking lot construction in cooperation with the Sunshine Factory was completed and Phoenix Manufacturing finalized their rent payments to the City. 33. Job Fair - New Hope is participating in the 1998 Commute West Job Fair hosted by Plymouth and staff is attending meetings to plan and organize for the March event. 34. Miscellaneous Development Activities - · Potential Archives Expansion · Potential West Pac Expansion · Potential Collisys Expansion · St. Therese Nursing Home Expansion · CareBreak New Construction · Ponderosa Inquiries It was a busy quarter with many planning and development objectives met, with a major focus on the Resident Guide/Business Directory, the Enterprise Facilitation Program and the Comprehensive Plan Update. Kirk McDonald Management Assistant/Community Development Coordinator HOUSING AND REDEVELOPMENT AUTHORITY Fourth Quarter 1997 Report The New Hope HRA continues to be busy with the management of housing programs and redevelopment activities in the City. Section 8 Rental Assistance Program Currently, the section 8 Rental Assistance Program is providing assistance to 307 New Hope and surrounding area Iow income families. This is somewhat higher than the number families that were being served in September. During this same time period in 1996, New Hope was providing assistance to 281 families, so overall the program is serving more families in 1997 as in 1996. The breakdown is as follows: October 193 110 303 November 194 114 308 December 191 116 307 The number of housing inspections has decreased compared to the same time pedod in 1996. During the fourth quarter of 1996, a total of 68 inspections were completed. A breakdown of housing unit inspections for the fourth quarter is contained in the following table: Fourth Quarter 40 19 59 330 In May 1997, the EDA approved the Second Amendment to the Section 8 Housing Assistance Payments Program Contract for Administrative Services. The contract amendment allows the city of New Hope to administer an additional 23 Section 8 contracts for the city of Osseo. Osseo lost the individual that administered its contracts and Metro HRA contacted New Hope to inquire if the City was interested in assuming additional contracts. Metro HRA is responsible for all inspections for the additional contracts and the New Hope Housing Representative handles the administrative component of the contracts. The amendment allowing administration of the contracts provides additional revenues for the program and will help to insure that the program for Iow/moderate income residents is maintained. Community Development Block Grant Program Housing Rehabilitation Program -- Hennepin County manages the Housing Rehabilitation Program for the City and maintains a waiting list. The funds assist Iow income persons in making basic repairs to homes that they own. The City Council approved three Deferred Loan Repayment Agreements this quarter. Scattered Site Housing Proiects During the fourth quarter, the City continued to pursue several projects that will be funded by CDBG, MHFA, HOME, EDA and city funds. Projects that use these funds include the following: · 5212 Winnetka Avenue North At the end of July, the City Council awarded the contract for rehabilitation to Anton Construction, Inc. in the amount of $84,645.00. Staff held a pre-construction meeting with the contractor to review contractual documents, schedules and the work to be completed. The project began with demolition of the~ garage and interior/exterior features of the home in late August. At the same ti_me, the City Council approved a quote from Tim's Tree Service to remove a large cottonwood that had caused significant foundation damage. In order to gain access to the backyard, the contractor completed the tree removal during demolition of the garage. Rehabilitation was nearly completed dudng the fourth quarter, with punch list items remaining. At the December 8 Council meeting, the Council approved the landscaping plan, which will be installed in the spring of 1998. On December 22 the Council approved a quote in the amount of $350.00 from BCL Appraisals for an "as is" market value appraisal to determine the selling price of the home. An open house will be conducted in February and the property will be marketed for sale to a first-time home buyer. · 9116 31't Avenue North - At the end of July, the City Council also approved the purchase of this property for inclusion in the City's scattered site housing program. In addition to other significant repairs, the property suffered severe water damage caused by drainage from adjacent properties and insufficient grading. In order to correct the problem, the City Engineer developed a backyard storm sewer system. The Council approved the Iow quote by Dave Perkins Contracting as part of the rehabilitation during the fourth quarter. During the third quarter, staff developed detailed plans and specifications for the home. At the October 13 City Council meeting, the Council approved plans and specifications and authorized advertisement for bids. A project bulletin was mailed to nearby residents on October 24. Bids were opened on November 3, and since only one responsive bid was received and it was significantly higher than the projected budget, the Council rejected the bid at its November 10 meeting. At the same meeting, the Council approved revised plans and specifications and authorized advertisement for rebidding the project. At the November 24 City Council meeting, the Council approved a quote from Crystal Tree Service for tree removal in the amount of $1,331.25. At the December 8 Council meeting, the Council awarded the contract to Flag Builders in the amount of $59,200.00. Rehabilitation will start in the first quarter of 1998. · 7813/7819 Angeline Drive - Staff is continually evaluating sites for inclusion in New Hope's scattered site housing program and staff is interested in trying to negotiate for purchase of these adjacent properties. After the properties are acquired, it would be staffs intent to utilize the site for construction of an accessible twin home, similar to the twin home buildings previously built by the City. · 7911 60 1/2 Avenue - In September the City was contacted by the property owner inquiring whether or not the City would be interested in purchasing his property through the scattered site housing program. After completing a code compliance inspection and evaluating the property, it was found that the house was in good condition and marketable on the open market. The City Council declined to purchase this property at its October 13 meeting. · 5629 Wisconsin Avenue - The City was contacted by the property owner stating his intent to sell the property and inquiring whether or not the City would be interested in purchasing the property. The General Inspector completed an inspection in AuguSt and determined that there were several items in need of repair to meet minimum housing standards, along with several other major repairs required to bring the house into code compliance. The City obtained quotes to complete an appraisal of the property, and the City Council authorized BCL Appraisals to complete the appraisal of the property at its October 13 meeting. The City would be responsible for relocation costs associated with purchasing this property. The estimated ~fair market value" of the property proposed on the appraisal was $57,000.00. City staff met with the property owners on December 12 and the owners agreed to sell the property for $45,000.00 and would donate $12,000.00 to the City. At the December 22 Council meeting, the Council approved the utilization of Evergreen Land Services to relocate the tenants residing in the home. At the same meeting, the Council approved a quote from Hy-Land Surveying'in the amount of $475.00 for a boundary survey of the site. The purchase agreement was also approved at the December 22 Council 'meeting. The closing on the property took place on December 31. HOUSING PROGRAMS/FUNDING · MHFA Community Rehabilitation Fund Application - On July 16 the cities of New Hope and Crystal submitted a joint application for MHFA's Community Rehabilitation Fund Program. The purpose of the program to provide funds for acquisition, demolition, rehabilitation, and/or new construction of single family homes. New Hope and Crystal applied for a combined amount of $95,635.00. At the end of September, the City received a letter from MHFA stating the joint New Hope/Crystal proposal was not eligible for funding in 1997. · MHFA Community Fix-Up Fund - The City Council approved a resolution for New Hope, in conjunction with the city of Crystal and Park National Bank, to apply for the MHFA Community Fix-Up Fund. Early this year, Park National Bank received a letter from MHFA accepting the proposal. The funds allow middle income (maximum gross annual income is $65,895) home owners within designated areas access to funds for home improvements, including "value added" improvements (i.e., a room addition). Park National Bank continues to review New Hope/Crystal applications for eligible participants. The funds allow middle income homeowners access to below market interest rate loans for home improvements. · MHFA Minnesota City Participation Program - The MCPP is a program through the MHF~, in which the MHFA sells mortgage revenue bonds on behalf of participating cities to meet locally identified housing needs. The proceeds from the bonds provide below-market interest rate mortgage loans for Iow and moderate income first-time home buyers. The 1997 the MCPP program began in April and ran for eight months. During the first six months, participating cities/counties have exclusive use of their individual allotment. Dudng the final two months, the individual allotments go into a statewide pool that is available to all MCPP participating cities/counties. In January 1997 the City, in conjunction with Hennepin County Housing and Redevelopment Authority, applied for the 1997 MCPP program. On April 17 the County received approximately $8,493,000 in MCPP first-time home buyer funds for 1997. The County administers the funds for New Hope. The funds were committed by the end of June. Applications for the 1998 MCPP funds will be sent to cities in early 1998. · Metropolitan Livable Communities Act - The Metropolitan Livable Communities Act was enacted in June 1995 by the State Legislature in an attempt to address housing issues in the metropolitan area. The Act also establishes a Metropolitan Livable Communities Fund, which consists of three accounts designated to help improve communities and neighborhoods. The funds in these accounts can only be accessed if a City elects to participate in the Livable Communities Act. The City participated in the Metropolitan Livable Communities Act fpr the 1996 year, and passed a resolution in October 1996 agreeing to participate in 1997. In September, the City Council approved a resolution to continue participation in the Metropolitan Livable Communities Act for the calendar year 1998. CO-OP Northwest · 1996 HOME Grant - In 1995 the CHDO hired PPL to act as coordinator for the 1995 HOME grant applications. In April 1997 PPL completed and submitted the 1995 HOME application to Hennepin County for $200,000. Out of the grant, New Hope received $90,000 to convert a duplex into a residential style group home facility. New Hope has also received $13,500 in home funds to help finance the construction of a single-family home at 6067 West Broadway. · 1996 HOME Grant - The CHDO received $100,000 in HOME funds for 1996. In October the CHDO · board approved two New Hope proposals requesting a total of $31,500 in HOME funds. The first request is for $21,500 for the property at 5212 VVinnetka Avenue; $9,000 in funds will be for a second mortgage, $10,000 as a rehabilitation grant to the City, and $2,500 for soft costs. The remaining $10,000 was used for the 6067 West Broadway project and was added to the $13,500 in 1995 funds. $5,000 in additional funds went toward a second mortgage and $5,000 toward a grant to the City. · 1997 HOME Grant - In 1997 the CHDO received $157,200 in HOME funds. On July 10 the CHDO board approved budgets for 1997. New Hope's proposals included an allocation of $53,370 for two single family rehabilitation projects. · 1998 HOME Grant - to be submitted during the first quarter of 1998 in conjunction with CHDO. CareBreak - The City Council and EDA approved Third Party Agreements and a Land Disposition Agreement with Hennepin County at the November 10 meetings. These agreements relate to the use of CDBG funds for a future potential project. Homeward Bound - During this quarter, staff continued discussions with several parties regarding the potential re-use of this site. Planners Group - During the fourth quarter, City staff continued to participate in the CO-OP Northwest Planners Group, which coordinated or planned the following activities: · Remodeling Fair - In April 1998 the CO-OP Northwest cities will sponsor the 6th annual Northwest Suburban Remodeling Fair to again be held at the Crystal Community Center. The purpose of the Fair is to encourage homeowners to stay in the City and upgrade/remodel their existing homes. Seventy-five vendors and approximately 2,500 people attended the Fair in 1997. New Hope coordinates registrations, collects revenues and disburses expenses. Events of Distinction will again assist with the coordination of seminars and doorprizes for the Fair. Planning for the 1998 Fair was started in November. · Landlords' Forum - A Landlords' Fo~'um was held in November. Greater Minneapolis Metropolitan Housing Corporation (GMMHC) - At the November 24 EDA meeting, staff presented information to the EDA regarding the GMMHC Homeownership Resource Center program. Staff has been working with the cities of Brooklyn Park, Brooklyn Center, Crystal, Robbinsdale and Hennepin County to formulate a program which would provide a. one-stop approach to assist homeowners with their housing needs. Each of the five cities is invited to become a sponsor of the Center and commit $5,000 to the program for 1998. Commitments for funding would also come from the McNight Foundation, Metropolitan Council, Hennepin County and GMMHC. The EDA was generally supportive of the program. Multi-Family Housin¢~ · Sandpiper Condominiums During the fourth quarter, staff continued to cooperate with representatives of the Sandpiper Condominiums regarding possible city financial assistance to rehab the complex. An ordinance was drafted establishing a Housing Improvement Area and the adoption of the ordinance is on hold until an engineering analysis of the improvements to be made is completed. It is anticipated that the engineering analysis will be completed and the ordinance considered at a January Council meeting. · Project for Pride in Living Redevelopment/Bass Lake Road -The City continued to coordinate with PPL and Distdct 281 on the potential redevelopment of the four-plex units at 7302-7316 Bass Lake Road during the fourth quarter. A neighborhood meeting was conducted on October 22. A concept proposal was presented to the EDA on October 27 and the EDA unanimously supported the project. City staff and consultants also met with PPL representatives during the fourth quarter. 7621 62"'~ Avenue - Staff was contacted by the owner of this four-plex during the third, quarter in~uidng whether or not the City would be interested in pUrchasing this property. At the October 13 City Council meeting, the Council authorized staff to obtain an appraisal of the property. BCL Appraisals determined the appraised value of the four-plex to be $127,000; the owner was asking $139,000. At the November 10 City Council meeting, the Council authorized staff to negotiate with the property owner for purchase of the property. In accordance with the Uniform Relocation Act, the City is required to pay relocation costs, therefore, a relocation expert will be hired to assist with relocation services. TIF funds would be used for property acquisition, relocation expenses and redevelopment of the property. At the December 22 City Council meeting, the Council authorized the use of Evergreen Land Services to relocate the tenants residing in two of the four apartments in the building. At the same meeting, the Council approved the purchase of the property. Community Development Specialist - Stephanie Olson left the Community Development Specialist position with the City in November and advertisements were placed to fill the position. With new and on-going single and multi-family housing projects, it was a very busy quarter for staff. Respectfully submitted, Kirk McDonald Management Assistant/ Community Development Coordinator HOUSING & REDEVELOPMENT AUTHORITY Fourth Quarter 1997 Scattered Site Housing Projects: 5559 Sumter Avenue Vacant 7621 Bass Lake Road Vacant 6067 West Broadway New construction 5530 Sumter Avenue Vacant 5212 Winnetka'Avenue Rehab continues with punch list items to be completed. 12/8 Council approves landscaping plan Open house and marketing of property to take place during 12/22 Council approVes quote for "as is" first quarter in 1998. appraisal 9116 31st Avenue 10/13 Council approves plans and 11/3 Bid opening 12/1 Bid opening specifications and authorizes 11110 Council rejects bid 12/8 Council awards contract to Flag advertisement for bids 11110 Council approves revised plans Builders - $59,200 10/24 Project bulletin mailed and specifications and authorizes advertisement for bids 11/24 Council ,approves quote from Crystal Tree Service for tree removal 7813/7819 Angeline Drive No progress on potential acquisition 7911 60 % Avenue 10/13 Council declines potential purchase 5629 Wisconsin 10113 Council authorizes staff to obtain 12/22 Council approves utilization of an appraisal Evergreen Land Services for relocation service 12/22 Council approves quote from Hy- Land Surveying for boundary survey 12122 Council approves purchase agreement 12/31 Closing on property CareBreak Facility 11/10 Council approves 3rd Party Adult Day Care Agreement 5501 & 5425 Boone Avenue 11/10 EDA approves 3rd Party Agreement 11/10 EDA approves Land Disposition Agreement Homeward Bound Facility Continued coordination on potential uses 4741 Zealand Avenue CDBG Single Family Rehab 10127 Council approves Deferred Loan 12/8 Council approves Deferred Loan Program Repayment Agreement Repayment Agreement 12/8 Council approves 3% Interest Deferred Loan Repayment Agreement MHFA Fix-Up Fund program in effect Minnesota City Participation Program in effect Metropolitan Livable 1998 Participation Resolution approved I I Communities Act in September I I ' Metropolitan Council Continued cooperation on a number of development, planning and housing issues CHDO Continued participation in all activities Landlords' Forum held in November Started planning for 1998 Remodeling Fair GMMHC I 11/24 EDA discussion on Home I Ownership Resource Center Program Multi-Family Housing Financial Assistance Sandpiper Condominiums 10/13 Continue public hearing 11110 Continue public hearing I 12/8 Continue public hearing to 1/12/98 12/2 Staff met with Sandpiper Cove representatives Vinland Center On-going discussions re: potential joint project No progress during this quarter 7621 62"d Avenue 10/13 Council authorizes staff to obtain 11/10 Council authorizes staff to 12/22 Council approves utilization of an appraisal negotiate purchase with property owner Evergreen Land Servicesfor relocation services 12122 Council approves purchase of 4- plex building Project for Pride in Living . 10122 Neighborhood meeting 11/6 Tour by neighbors of other PPL 10/27 Present concept proposal to projects Council ENGINEERING PROJECTS Fourth Quarter of 1997 Report Progress took place on the following major engineering/construction projects dudng October, November and December: 1. Project #437 & 486, 36th Avenue Street Improvements from Winnetka to Louisiana Avenues - All work was essentially completed in the fall of 1996 except for restoration and minor punch list items which were completed in the spring of 1997. The wear course laid last year on Winnetka was corrected last summer with New Hope sharing in the funding. At the September 8 City Council meeting, the Council established October 13, 1997, as the public hearing on assessments for this project. At the October 13 Council meeting, the Council adopted the proposed assessments. The fi'nal cost on the project was $3.2 million which was shared with the cities of Crystal and Plymouth and Hennepin County. 2. Project #.498, Northwood Lake Drainage -. Dudng the second quarter, the Council approved plans and specifications and authorized advertisement for bids. The Council awarded the contract to Ames Construction with five alternates in the amount of $1,023,249.60. Construction started in mid-July on the storm sewer, ponding and park improvements. Initial work included the removal of the existing outlet structure and culvert under Boone Avenue. Boone Avenue was closed for one day so that a bypass culvert could be constructed. After the bypass was constructed, traffic lanes were shifted to the east to provide area to construct the outlet structure. Pilings 45 feet deep were installed to support the new outlet structure and new storm sewer and sanitary sewer lines were constructed. Construction then focused on the outlet structure and channel excavation. All of the grading, ballfield reconstruction and site restoration was completed. Pedestrian bridges were completed during the third quarter and Boone Avenue reconstruction began after the new box culvert was functioning. Project bulletins were mailed to residents in October and November to keep them informed on the progress of the project. At the December 8 City Council meeting, the Council approved Change Order #1 in the amount of $45,310.14, which brought the contract total to $1,068,559.74. Work was completed for 1997 and sod, seed and plantings not installed will be completed in the spring of 1998. 3. Project #508, Flag Avenue Backyard Drainage - At the October 13 City Council meeting, the Council accepted permanent storm sewer easements from three property owners affected by the improvement project. 4. Project #536, Ice Arena Expansion - At the December 22 City Council meeting, the Council approved a change order to the ice arena contracts in the amount of $8,945.00. 5. Project #$42, Public Works Remodeling Project - Construction was completed during the third quarter and the Department moved back into their remodeled/expanded offices. At the October 13 City Council meeting, the Council approved Change Order #1 in a deduct amount of $3,572.04 and Change Order #2 in the amount of $33,868.44. At the December 8 Council meeting, the Council approved Change Order #3 in the amount of $14,858.18. 6. Project #543, Demolition of Old Fire Station - The City Council approved plans and specifications and authorized advertisement for bids at its December 8 meeting. The building will be demolished during the first quarter of 1998. The warning siren and other utilities to the site were also relocated during the fourth quarter. 7. Project #547, 42nd/Xylon Avenue Intersection Upgrade - During the third quarter, the City continued coordination with Hennepin County and Gethsemane Cemetery on this project. Driveway relocation and landscape plans have been submitted by the architect for the cemetery for along the 42'd Avenue boulevard. Hennepin County has included the project in their 1998 ClP. The County has also determined its cost participation at $410,000.00. The City Engineer prepared a Concept Report and presented it to the Council at its September 8 meeting. At the December 8 City Council meeting, staff updated Council on the progress and requested authorization to proceed with landscape design services. Several landscape design firms were interviewed and Dahlgren, Shardlow & Urban was selected to develop plans and specifications in the amount of $56,483.00. An advisory group was formed consisting of City Council, staff, Planning Commission, Citizens Advisory Commission, business and property owners. The Feasibility Report was prepared during the fourth quarter. Funding sources for the project will consist of Municipal State Aid program, Joint Water Commission, Hennepin County, TIF funds, and the Road and Bridge fund. 8. Project #55'1, Louisiana Avenue & 3'1st Circle Street Improvements - All work is completed on this project. At the September 8 City Council meeting, the Council established October 13, 1997, as the public hearing on assessments associated with the street improvements. At the October 13 Council meeting, the Council postponed action on the assessment until the October 27 meeting due to the fact that one business owner questioned the front foot basis for the assessment. Staff reviewed the assessment policy and recommended no change to the Council at its October 27 meeting. The Council concurred with staff's recommendation. At the December 8 City Council meeting, the Council discussed the assessment appeal for Bruce Paddock, and at the December 22 meeting, the Council authorized a reduction in the -- assessment. 9. Project #556, Begin Park Playground Equipment - Final punch list work was completed during the fourth quarter and black dirt/seeding will be completed in the spdng of 1998. 10. Project #567, 1997 Street Improvement Project - Dudng the first and second quarters of 1997, the Council approved plans and specifications and ordered advertisement for bids for Areas 1 and 2, which included: Area 1) - 59~ and Hillsboro; Area 2) - near Hosterman School (56"~ and Zealand). The Council rejected the bid for Area 1' and awarded the bid for Area 2 to Ryan Contracting in the amount of $1,071,713.00. A neighborhood meeting was held with property owners and a pre-construction meeting was conducted. Construction started at the end of June and the street and utility phase (through base course) of the project was completed in September and all work scheduled for 1997 was completed except for punch list items. All of the turf restoration in the project area also was completed. The bituminous wear course will be placed in the spring of 1998. Project bulletins were mailed to impacted property owners dudng the construction process. At the August 25 City Council meeting, the Council approved Change Order #1 in the amount of $4,085.00 for restoration of storage area and the provision of sump pump connections, bringing the contract total to $1,075,798.28. At the October 13 Council meeting, the Council approved Change Order #2 in the amount of $3,054.00, which brought the contract total to $1,078,852.28. Another project bulletin was mailed on October 24 updating residents of the project status. 11. Project #579, Sidewalk Improvements - During the first quarter of 1997, the Feasibility Report was presented to the Council. Approximately 5,230 lineal feet of sideWalk and 130 pedestrian ramps were in need of reconstruction. The 1997 project included sidewalks on Winnetka and Boone Avenues. Funding for the sidewalks was paid for with New Hope's Municipal State Aid Allocation and CDBG funds, which could be used for the replacement of existing sidewalks and ramps that meet ADA requirements. Several improvements were proposed by the Police entrance at City Hall, which were funded through the City Hall Capital Improvement Program. Dudng the second quarter, the Council approved plans and specifications and ordered advertisement for bids. The City Council awarded the contract to West Star Curb in the amount of $248,710.10 at the May 27 Council meeting. A pre-construction meeting was conducted in June and a project bulletin was mailed to impacted property owners. Construction began in June and all sidewalk replacement, pedestrian ramps and turf restoration was essentially completed by the end of September. At the December 8 Council meeting, the Council accepted a temporary easement from one property owner in order for the contractor to remove a retaining wall and complete grading of the property. A project bulletin was sent to impacted residents in October. By the end of the fourth quarter, all contract work was completed including punch list items. 12. Project #583, Backyard Drainage Project - At the April 28 City Council meeting, the Council ordered preparation of plans and specifications for the project for priorities 1-4. The City Council approved plans and specifications and ordered advertisement for bids at the June 9 Council meeting. At the July 28 City Council meeting, the Council awarded the bid to Jay Bros., Inc. in the amount of $88,675.00. One area of the project was funded with Park CIP surplus monies and the balance of the project was funded out of the Storm Water Utility Fund. A pre-construction meeting was conducted on August 11 and a project bulletin was mailed to affected property owners on August 25. Construction was completed during the fourth quarter and final easements were prepared. 13. Project #585, Crystal 1997 Street Project (J.R, Jones) - Street construction was completed during the fourth quarter and the wear course will be placed in 1998. 1-4. Project #590, Public Works Fueling Facility - A presentation was made to the City Council at its meeting on October 27 regarding the pros and cons of reconstructing the present fuel facility versus utilizing the School District facility and/or pdvate vendors. Council directed staff to further explore all options available. 15. Project #595, 42~ Avenue Building Demolition/Parking Lot Construction - During the first quarter, Phoenix Manufacturing vacated the City-owned building. The City had previously determined that after Phoenix vacated the building that the building would be demolished for future development. During the second quarter, contracts were completed on well abandonment, asbestos and light ballast removal. At the May 12 City Council meeting, the Council approved the plans .and specifications for demolition and authorized advertisement for bids. The plan included alternates for two different sized parking lots. Bids were opened on June 51 At the June 9 City Council meeting, the Council awarded the contract for demolition to F.W. Gartner & Co.~ in the amount of $44,484.30. Funding for demolition was from the 42nd Avenue Redevelopment TIF funds. At the same meeting discussion ensued regarding a temporary parking lot to be utilized and paid for by the Sunshine Factory. The Council directed staff to prepare a lease agreement for parking lot construction and maintenance of the property. A project bulletin was mailed on June 23 to adjacent property owners. The building was demolished in July and the parking lot was constructed. At the September 8 City Council meeting, the Council approved plans and specifications for the landscaping of the City-owned property and authorized advertisement for bids. At the September 22 Council meeting, the Council approved the quote from Wrobleski's Lawn Service in the amount of - $8,311.25 for the landscapi .n.g. The.work was.com, pie, ted ~,y. the end of October. At the December 22 City Council meeting, the Counci~ accep[ed the Properly aemolifion project and authorized final payment to the contractor in the amount of $7,625.92. The total contract amount was $99,529.48, which was 16.47 percent over the odginal contract amount. The Sunshine Factory will be paying for the parking lot expense overage and the City will pay for the building demolition overage, dUe to poor soil conditions. 16. Project #606, City Hatl Roofing Project - At the August 25 City Council meeting, the Council approved plans and specifications and. authorized advertisement for bids. The City Council awarded the contract to All Systems Roofing, Inc. in the amount of $48,500.00 at its September 8 Council meeting. Work was completed in December. 17. Project #608, City Hall Mold Removal - At the December 8 City Council meeting, the Council authorized staff to contract with TSP/EO$ Architects and Engineers to define the scope of work to be completed in order to eliminate the mold problem at City Hall. The cost estimate for this work was $6,000.00. Additional costs estimates for the actUal clean-up and rebuilding were discussed. A committee was formed to give input to remodeling and remediation plans. Clean-up/reconstruction will begin during the second quarter of 1998. 18. Project #617, Bile Lane Feasibility -A bike lane evaluation report was submitted by Bonestroo to city staff for review. Options were presented to the Citizens Advisory Commission in December. 19. Project #618, Dorothy Mary Park Improvements -A preliminary report including issues and options was submitted during the fourth quarter. 20. Project' #626. 36"' Avenue improvements - A presentation was made to the City Council at its December 8 meeting re~arding the reconstruction of 36"~ Avenue from Winnetka to Highway 169. Council directed the City Engineer to prepare a concept report detailing the surface evaluation and recommendations on a maintenance plan or street overlay during the next several years. It is anticipated that the concept report would be available in January 1998. Respectfully submitted, Kirk McDonald Management Assistant/Community Development Coordinator ENGINEERING PROJECTS Fourth Quarter 1997 437 & 36th Avenue Street Improvements 10/13 Council adopts assessment 486 policy 498 Northwood Lake Drainage 10/9 Project bulletin mailed 11/26 Project bulletin mailed 12/8 Council approves Change Order #1 in the amount of $45,310.14 Work on project substantially completed during fourth quarter 508 4224 Flag Backyard Drainage 10/13 Council accepts permanent easements from 3 property owners 536 'Ice Arena Expansion 12/22 Council approves Change Order in the amount of $8,945 542 Public Works Remodeling 10113 Council approves Change 12/8 Council approves Change Order #1 in the amount of Order #3 in the amount of <$3,572.04> and Change Order #2 $14,858.18 in the amount of $33,868.44 543 Demolition of Old Fire Station Warning siren and utilities at site relocated 12/8 Council approves plans and specifications and authorizes advertisement for bids 547 42ndlXylon Avenue Intersection Landscape design firms interviewed and 12/8 Presentation to Council and Upgrade tours of their projects too place motion to proceed with streetscape design concepts with DSU Feasibility Report prepared 551 Louisiana Avenue & 31st Circle 10/27 Council adopts assessment ' 12/22 Council authorizes reduction Street Improvements policy of special assessment Levy #14102 (Paddock) 556 Begin Park Playground Equipment Punch list items completed 567 '97 Street Improvement Program 10/13 Council approves Change Contractor completed all scheduled work. Order #2 in the amount of $3,054 Final wear course to be constructed in 1998. 10/24 Project bulletin mailed 579 1997 Sidewalk improvemen'i ~0/10 Project bulletin mailed 12)8 Council accepts temporary Project easement from property owner All contract work completed, including punch list items 583 1997 Backyard Drainage Construction completed during fourth ' Improvements quarter and easements prepared. 585 Crystal 1997 Street project Street reconstruction completed; wear course to be placed in 1998. 590 Public Works"Fueling Facility 10/27 Presentatio~ to council I .... I 595 7528 42'~ Avenue Demolition Building demolition, parking'lot constructi0~ 12122 Council authorized final and landscaping completed payment on project 606 City Hall Roofing .... I Work completed in December I 608 City Hall Mold Removal Committee formed to discuss 12i8 Council awardS'contract tO remediation/remodeling ideas TSP/EOS to develop scope of work 617 Bike Lane Feasibility Study Bike lane evaluation report submitted CAC reviews options 618 Dorothy Mary Park Preliminary reports ~ubmitted 626 36~h Avenue Streetscape 12/8 Presentation to Council on street improvements and authorization to prepare concept report