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030497 Planning AGENDA PLANNING COMMISSION MEETING OF MARCH 4, 1997 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 2. 3. 4. 5. 6. 6,2 7.2 8. 8.1 9. 9.2 9.3 10. CALL TO ORDER OATH OF OFFICE REVIEW OF ADVISORY COMMISSION GUIDELINES ELECTION OF OFFICERS CONSENT ITEMS PUBLIC HEARINGS Case 97-03 Request for Preliminary Plat Approval, St. Therese Home, Inc., 8000 Bass Lake Road, Petitioner Case 96-24 Consideration of Ordinance 97-04, An Ordinance Amending New Hope Zoning Code by Establishing Regulations for Construction and Placement of Telecommunication Towers and Facilities COMMITTEE REPORTS Report of Design & Review Committee - Next Meeting: March 13 at 8 a.m. (if necessary) Report of Codes & Standards Committee - Next Meeting: March 26 OLD BUSINESS Miscellaneous Issues - Discuss training for Planning Commission members NEW BUSINESS Review of Planning Commission Minutes of December 3, 1996. Review of City Council Minutes of November 25, December 9, 1996, January 13 & 27, and February 10, 1997. Review of EDA Minutes of October 14, 1996, and February 10, 1997. ANNOUNCEMENTS ADJOURNMENT *Petitioners are required to be in attendance PC97-03 St. Therese Home 8000 Bass Lake Rd N~W HOP~ ltarch Planning Case ~OLD~'N VALLEY' Memorandum To: From: Date: Subject~. Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator February 27, 1997 Oath of Office for New Planning Commission Member The City Code states that "the Planning Commission may consist of up to ten members appointed by the City Council. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office." The Planning Commission consisted of nine (9) members up until December 31, 1996. The number of Commission members was reduced to eight (8) upon Sharon Cassen's election to the City Council. The City sought applications for appointment to various commissions from interested residents and received six (6) applications. The Council interviewed the six (6) applicants pdor to the January 27 Council meeting and formally approved one (1) new member to the Planning Commission, one (1) new member to the Human Rights Commission, and four (4) new members to the Citizens Advisory Commission at the conclusion of the January 27 meeting. Mr. Adam Kramer, 6041 VVinnetka Avenue, was appointed to the Planning Commission and I have enclosed his application for your information. I will be administering the oath of office to Mr. Kramer at the' beginning of the March 4 Planning Commission meeting. Please make him feel welcome to be a part of the Commission. 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TDD: 612-531-5109 City Hall Fax:612-531-5136 Police Fax: 612-531-5174 Public Works Fax: 612-533-7650 Fire Dep't. Fax: 612-531-5175 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) March 4, 1997 I, Adam Kramer, do solemnly swear that I will support the Constitution of the United States and of the State of Minnesota, and faithfully discharge the duties of the office of Planning Commissioner in the City of New Hope, Minnesota, to the best of my judgement and ability. So help me God. Adam Kramer Subscribed and sworn to before me this 4th day of March, 1997 William Sonsin, Chairman Kirk McDonald, Management Assistant/Community Development Coordinator (seal) Family Styled City For Family Living 4401 Xylon Avenue North New Hope, Minnesota 55428.4898 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TDD: 612-531.5109 City Hall Fax: 612.5~'~36 Police Fax: 612-53, ,,174 Public Works Fax: 612-533-7650 Fire Dep't. Fax: 612-531-5175 January 10,1997 Mr. Adam Kramer 6041 Winnetka Avenue North New Hope, MN 55428 Subject: Planning Commission Application Dear Mr. Kramer: Jeannine Clancy, New Hope Director of Public Works, has indicated to me that you are a new resident of New Hope and may be interested in serving on the Planning Commission due to your background with water operations in the City of Minneapolis. I wanted to let you know that the City is currently seeking applications for the Planning Commission and the deadline for submitting applications is January 17. I have enclosed the standard letter sent, to residents interested in applying for commission openings along with some brief background information on the City's commissions and an application. I would encourage you to apply if you are interested. This should be an interesting year for the Commission. We are currently working on ordinances regarding the regulation of antennas, towers and related facilities and are implementing the DNR Shoreland Management regulations. Other potential development projects in 1997 may include the expansion of Navarre Corporation on 49m Avenue, the platting of the St. Therese Nursing Home property, potential development of an adult day care center as a joint project between the City and North Ridge Care Center, and possible redevelopment proposals for Bass Lake Road and the Kmart property near City Hall. Please contact-me at 531-5119 if you have any questions about the Planning Commission or if i can be of any further.assistance.' Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator Enclosure: AS Stated CC; Dan Donahue, City Manager Jeannine Clancy, Director of Public Works Valerie Leone, City Clerk Family Styled City"~^~'~ "wV'~ V'~V'~ For Family Living 2.13, 2.131, 2.132, 2.133, 2.13~, 2'135 2.131 2.13 P~ANNING C.OMM.[SSION. Establishment. The Planning Commission heretofore established may be abolished by two-thirds vote of al1 the members of the Council. 2.132 Composition. (1) Number. The Planning Commission may consist of up to ten members appointed by the Council. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will fai~thfully discharge the duties of his office. (2) 2.133 2.134 2.135 (3) Term. Unless sooner removed by a four-fifths vote of the Council, nine of the members shall serve a term of three years, and the person appointed as the tenth member shall serve a term expiring the first business day of January in the year following the year appointed. All members appointed and qualified shall serve until their successocs -qualify. (4) Councilman May Be Tenth Member. The Council may appoint a member of the Council to serve on the Planning Commission who shall serve a term expiring on the first business day of January in the year following the year appointed. (Code 072684, Ord. 96-1) Residency Requirement. All members of the Planning Commission shall be a resident of the City of New Hope. (Ord. 89-19) Purpose, Authority and Duties. The Planning Commission shall serve as an advisory body to the Council. It is hereby authorized and directed to carry on City Planning activities and to adopt a plan for the regulation of the future physical development of the City, and to prepare and adopt an official map of all proposed alterations of existing lands and public spaces, and the future development of unplatted properties and shall recommend approval or disapproval of subdivisions of land. The Commission shall make a study of future developments of the City, including proposed public buildings, street arrangements and improvements, public utility services, parks, playgrounds, and other similar developments. The results of all studies made by the Commission, together with the recommendations of the Commission shall be submitted to the Council. The Planning Commission shall upon request of the Council, make recommendations to the Council regarding matters affecting zoning, platting, the making of public improvements and other measures affecting the future or present development of the City. Organization. The Planning Commission shall elect one of its members as chairman, one as vice chairman, and another as secretary, each of whom shall hold office until December 31st, following their election. (Code 072684) Meetings. The Planning Commission shall hold one regular meeting each month, on such day and at such time as established by the Council. Special meetings shall be called by the Chairman upon his request not more than two days after receipt by the Chairman or Secretary of a written request for a special meeting signed by three or more members of the Planning Commission. Special meetings shall require two days written notice to each member. No meeting shall be held during the month of July unless called as a special meeting according to the procedure of this section. (Code 072584, Ord. 85-11) 2-9 072684 2.136 Minutes.. The Commission shall adopt rules for the transaction of business, and shall keep a public record 'of its resolutions, motions, transactions and findings. One copy of the minutes of each meeting shall be delivered to the Clerk prior to the next regular meeting of the Council, and the Clerk shall record the same as a permanent record of the City. '2-9A 072684 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TDD: 612-531-5109 City Hall Fax:612-531-5136 Police Fax: 612-531-5174 Public Works Fax: 612-533-7650 Fire Dep't. Fax: 612-531-5175 January 29, 1997 Mr. Adam Kramer 6041 Wirmetlca Avenue NOrth New Hope, MN 55428 Dear Mr. Kramer: The New Hope City Council unanimously selected you to serve on the City's Planning Commission. The Council was impressed with your qualifications and interest in serving the City. Your term will expire on December 31, 1999 (3-year term). The Planning Commission'~ regular meetings are held on the first Tuesday of each month at 7:00 p.m. at City Hall. There will be no meeting in February due to the fact that the City has received no applications for consideration. Therefore, your itt'st meeting will be March 4, 1997, at which time an oath of office will be administered to you. You will receive the agenda packet on the preceding Friday, which will be hand delivered to your residence. This will allow you ample time to read over the material and do a little on-site investigation if you so desire. Should you have any questions regarding the Commission, please contact Kirk McDonald, Management Assistant/Community Development Coordinator, who is the staff liaison for the Planning Commission. For your review, I have enclosed a copy of minutes from a recent Planning Commission Meeting. Congratulations! Sincerely, Valerie Leone, CMC City Clerk enc. CC: ~ McDonald,iManagement Assistant/Community Development Coordinator Bill Sonsin, Planning Commission Chair Family Styled City ~ For Family Living ~~pplying for: CITY OF NEW HOPE APPLICATION FOR COMMISSION ( ) Citizen Advisory Commission ( ) Personnel Board (Y.} Planning Commission ( ) Human Rights Commission 1. Name J, HomePhone' Bus. Phone {~'73.-ZWl~ Address ~.,o~1 ~,.*) i~;~,&'r~x~ /q-v'E' How long have you lived in the City? What skills do you have that you feel would benefit the CiW? 5. Why do you want to serve on this commission? What experience have you had that you feel would be pertinent to this commission? 7. What other civic activities are you involved in? 8. Have you served on any City commissions or boards in the past? Signature ~ Date *Under the law, your telephone number is private data. If you are selected to serve, your telephone number(s) will be listed on the Commissioner's list. The purpose is so other Commissioners, city officials, and the public will be able to contact you. There is no consequence for refusing to supply this information. 03/96 - 103 Memorandum To: From: Date: Subject: Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator February 27, 1997 Guidelines for Advisory Commissions and Committees Last November it was suggested by the City Council that the City prepare written guidelines to assist persons serving on City commissions. City staff prepared the enclosed Guidelines and they were approved by the City Council at the January 27 meeting. The intent of the Guidelines is to explain the purpose of the City's advisory commissions. In addition, the Guidelines cover vadous items such as time commitment, authority, expectations, appointment process, conflict of interest, the open meeting law, and several City policies. A copy of the Guidelines is being provided to all persons who presently serve on City commissions and is enclosed with your packet as a separate document. Please review the Guidelines prior to the Commission meeting. The City Manager may be in attendance at the beginning of the meeting to briefly review the Guidelines with the Commission. Memorandum To: From: Date: Subject: Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator February 27, 1997 Election of Planning Commission Officers for 1997 Section 2.134 of the New Hope City Code, Planning Commission - Organization, states that "the Planning Commission shall elect one of its members as Chairman, one as Vice-Chairman, and another as Secretary, each of whom shall hold office until December 3'1 following their election". It appears to be the intent of the City Code that Planning Commission officers are to be elected on an annual basis. Staff recommends that the election of officers be conducted at the first part of the March Planning Commission meeting, following the administration of the oath of office to the new member and the review of the Guidelines for Advisory Commissions and Committees. Last year elections were held at the beginning of the January Planning Commission meeting due to the fact that the current officer's terms end on December 31, and the new officers should be in place to conduct the business on the January Planning Commission agenda. Due to the fact that there were no January or February meetings this year, elections will take place at the March meeting. Excerpts from the City Code pertaining to this matter, previous minutes regarding 1994, 1995 and 1996 officer elections, and a list of current Planning Commission members is enclosed for your information. 1996 officers included: William Sonsin, Chairman Sharon Cassen, Vice-Chairman Vi Underdahl, Third Officer Bill Sonsin also currently serves as the Chair for the Codes & Standards Committee. Sharon Cassen served as the Chair for the Design & Review Committee up until December 31, 1996, when her term expired and she assumed a seat in the City Council. With a Commission of nine and a quorum of five members required to conduct business, please remember that your attendance at meetings is very important. Please contact me (Kirk McDonald 531-5119) or my secretary (Pam Sylvester 531-5110) in advance if you are not able to attend a Planning Commission or Committee meeting. Thanks for your cooperation. CHAIR: Sonsin, William CITY OF NEW HOPE PLANNING COMMISSION 3308 Gettysburg Avenue N. 55427 545-4401 MEMBERS: Codes and Standards Sonsin, William, Chair Roger Landy Richard Stulberg Keefe, William Design and Review William Oelkers James Damiani Svendsen, Steven Additional Member Underdahl, Vi Kramer, Adam 4417 Flag Avenue North, 55428 8824 47-1/2 Avenue North, 55428 9024 47 1/2 Avenue North, 55428 5909 Ensign Avenue North, 55428 4665 Flag Avenue North, 55428 3508 Flag Avenue North, 55427 7706 53rd Avenue North, 55428 6041 Winnetka Avenue North, 55428 535-7602 533-9059 537-0613 535-6144 537-2294 545-2984 533-5913 971-0619 Management Assistant/Community Development Coordinator Kirk McDonald Pam Sylvester Planning Consultant Alan Brixius) David Licht ) 4401 Xylon Avenue North Recording Secretary Northwest Associated Consultants 5775 Wayzata Boulevard, Suite 555 Minneapolis, MN 55416 595-9837 (Fax No.) 531-5119 531-5110 595-9636 PLANNING COMMISSION MEETS THE FIRST TUESDAY OF EACH MONTH AT THE CITY HALL AT 7:00 P.M. 2.~.3, 2.].31,.2.~,32, 3.:.33. 2, ',34, 2. ,T3S · lnoL~mhed Oy ~wo-~h~rd· vo~e o~ &~l ~ne men.r· O~ ~e ¢O~nC~ (l) (2) Tern. Unless sooner removed by · four-fLfth· vote of the (,3) of uae Counc~ to '04 the teach manner of tnt KantiAn· C~A··Aon · hall 0e I re·Adefl~ of ~he CAcy of ~ev nope. (Ord. 19-19) 2.133 2.].34 an advL·ory ~ody co chi ¢o~flc~l. %~ Lo nere~y authorized and d~rected co carry on CI~y Kann&ng aocAvAc~et and co adopt a plan for chi regulation of the hcure pay·Aca~ ~eveLopmeflc of the CLty, and co prepore tad adop~ an ofetc~a~ map of all props·ed a~cerac~ons of ea~·%~ng lands and publLc specie, and the future deveLotmenc of develomnc· of one C~cy, ~flc~udAflg proposed p~nt~c buildings, Kreet arrangements and ~qroveaenc·, p~bL~c ~cXl~cy #rvLcet, par., playgrounds, and o~aer ·~a&Xar ~eveLomfl~t. ~e results of a~L KudLee mede ny ~ne Cam~.~on, come,her vkU ~he reeoemfldac~on· of ~ne ¢m~tsios sna~ U oumA~ed co chi CoGne~. ?Ue P~anflAng uae Coune~L rflardAa~ me,cern af~ecc~nq son,nv, p~acctnv, ~he me, hag of pun~L~ mprffeaenct and o~ner measures affe¢c~l the hours or pre#n~ deve~ogmn~ of cae CLoy. ~te Kanning Cam~·sLon shill eLec~ one of ~c· manners one ss vLce chaLman, and another la secretary, each of (Code 071i84) 2.13S KaecZnem. ~e PlannAng ¢mAet&on shaX~ hold one re~dlar each manta, on Such ~ay and aU ·urn t~me aa eecahl~·hed ¢ouncLL. SPO~La~ meeting· shall M called by the ¢neAL, sta ~pon (Code 072i84, Ord. nm&c~ono mad ~nd~n~o. One copy o~ ~ne m~flu~ms o~ each mee~n~ ~:m .... ~.,,vered ~o ~e Clo~ p~Log ~o ~e ne%~ requ~&r mme~Lflq o~ &s · pe~uaflen~ ~ne counciL, ·nd ~e ~erK sna~ :mco~d ~e CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES January 2, 1996 City Hall, 7:00 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Vice-Chairman Sonsin called the meeting to order at 7:00 p,m, ROLL CALL Present: Absent: Also Present: Landy, Underdahl, Sonsin, Cassen, Stulberg, Damiani Oelkers Kirk McDonald, Management Assistant, Steve Sondrall, City Attorney, Alan Brixius, Planning Consultant Vice-Chairman Sonsin stated the first order of business for the January meeting is to elect officers for the coming year. Vice-Chairman Sonsin then opened the floor for nominations for officers. Commissioner Underdahl nominated Bill Sonsin as chairman, seconded by Commissioner Landy, and was unanimously approved by acclamation. Commissioner Landy nominated Sharon Cassen for Vice-Chair, seconded by Commissioner Stuiberg, and was unanimously approved by acclamation. Commissioner Landy nominated Commissioner Underdahl for Third Officer, seconded by Commissioner Cassen, and was unanimously approved by acclamation. CONSENT ITEMS PUBLIC HEARING PC 95-31 Item 3.1 N(~ Consent Items. Chairman Sonsin introduced for discussion Item 3.1, Request for Sign · Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Mr. McDonald stated that the petitioner's representative was in the audience, however the petitioner was not in attendance yet. Chairman Sonsin asked for a motion to table Planning Case 95-31 until the petitioner arrived. MOTION Item 3.1 Motion by Commissioner Landy, seconded by Commissioner Underdahl, to table until later in the meeting Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. PC 95-20 Item 3.2 vOting in favor: Landy, Damiani Voting against: None Absent: ·. Oelkers Motion carried. Underdahl, Sonsin, Cassen, Stulberg, Chairman. Sonsin introduced for informal discussion Item 3.2, Consideration of An Ordinance Amending the New Hope Zoning Code by Defining Understory and Overstory Trees and Modifying Landscaping Regulations for Semi-Public and Income. Producing Property, City of New New Hope Planning Commission - 1 - January 2, 1996 OLD BUSINES~ Mi~ceillneoue I~uee NEW BU~NESS .x .... E, cno. FFICEFIS "~ , Commissioner Sonsin asked the status of A.C. Carlson and Mr. McDonald answered that there has been no change...?.xxnmiesioner Sonsin also asked what the status is On Cooper Higl~ School. 'Mr. McDonald stated that the engineers from the City and School District met last month to work out what part of the project each would do and to synchronize the time scheduleS. On the agenda, for the January 9th Council meeting, is the approval of plans and specifications for the Cooper street plans. The City is responsible for the extension of 47th Avenue and the parking lot improvements. The neightmrs have been invited to attend this meeting because there are still alternateS on whether Zealand Avenue will be a cul-de-sac. If the plap. s and specs are approved at that meedng, then the City will ask for authorization to advertise for bids, with bids to be opened in the first part of February. That will coordinate with the School District asking for bids also in the middle of February. The City would prol:~01y get the bids but not award the contract for the street work until the School District has awarded the contract for their work. Construction could possibly start right alter school gets out in June. The Planning Commission minuteS were approved as written. City Council minutes and EDA minuteS were reviewed. Commissioner Soneln ot~erved that the Commission, up to this point in the meeting, does not have any legal officers since City Code stateS the appointments expire December 31et. is it possible to change City Code so that the January mee~r~ are legal. Cheirman Gundershaug announced that the new c~mm~ would be appointed to committees at this time. Chaimtan Gundsrshaug stated that, since he has been chairman of the Design & Review Cemmiltee and has now been elected chairman of the Planning Commission, he feel, it is time to step down from the Design & Review Committee, but ttmt he would help out on the Committee for a couple monthe. Chairman Gundsmhaug appointed CommisaionM Caesen as chairman of the ~n & Review Committee, and Commissioners S~lberg and Oelkers as members of the DeSign & Review Committee. Commissioner Landy had previously volunteered to be placed on the Codes & Standards Committee. Chairman (3undershaug queStioned if there will be additional commissioners al~ointed to the Planning Commission. Mr. McDonald stated that the City is advertising for new members. Commissioner Sonsin stated that it was his preference that the Council appoint no more than one new commissioner, as there are already three new members on the Commission and it is important that the new members receive proper training and become accustomed to the Commissions operations. Chairman Gundershaug informed the new members to the Design & Review Committee that the meeting time is on the second or third Thursday of the month (depending on the application deadline) at 3:45 p.rfl. and both commissioners stated that this time frame was fine. ADdOURNMENT The Planning Commission meeting was unanimously adjourned at 7:28 p,m. ,,, ctfully submitted, Pamela Sylvester, Recording Secretary New Hope Planning Commission - 6 - January 3, 1995 OFFICERS Item 8.0 MOTION Item 8.0 ADJOURNMENT to what options there may be. Mr. Brixius stated he would recommend changing the definition to give either an exemption or give specific identification to what would be considered public art or advertising. He ~ said he would rather stay with the City's current definition and adjust~1~' performance standards. The options that have been identified are: 1) 2) 3) 4) 5) No change - stay within existing square footage requirements of business signs. Expand the total size requirements to allow painted graphics in association with letters/words/Iogos, potentially up to 50 percent of wall area. Limit the letter/wording size within the painted graphic through the use of a designated square footage requirement. Allow wall graphics in association with business identification signs, but exempt the background space when calculating the area of the sign. Allow painted wall signs as public art with no commercial intent/relation to on-premise businesses. Mr. Brixius stated that the Codes and Standards would appreciate direction on this issue from the remaining Commission members. Commissioner Watschke stated he was not in favor of having public art murals as art is very subjective. Mr. Brixius stated that as a government body we are "content-neutral" in that the only things that can be regulated is setback requirements, size and location. Chair Cameron said that maybe the ordinance should be looked at from a broader perspective. Commissioner Sonsin stated that Codes and Standards will be talking about this issue again at their January 20th meeting. Chair Cameron informed the Commission that this is the meeting that the annual election of officers is conducted for the Planning Commission for the coming year. Motion by Commissioner Cassen, seconded by Commissioner Underdahl, to appoint Robert Cameron, as Chair; Robert Gundershaug, Vice Chairman; as William Sonain as the Third Officer. Voting in favor: Lifson, Underdahl, Watschke Voting against: None Absent: Zak, Gundershaug Motion carried. Sonsin, Cameron, Cassen, Mr. McDonald introduced the new Managers Department Secretary, Pam Sylvester, to the Planning Commission. The Planning Commission meeting was unanimously adjourned at 8:35 p.m. Respectfully sub~nitted, /Jayne Ferry /J Recording Secretary New Hope Planning Commission - 10 - January 4, 1994 Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 97-03 Preliminary Plat Approval 8000 Bass Lake Road #06-118-21-41-0029, #06-118-21-41-0027, #06-118-21-41-0026 R-5, Senior/Disabled Residential St. Therese Home, Inc. February 28, 1997 March 4, 1997 BACKGROUND The petitioner is requesting preliminary plat approval of St. Therese Addition, pursuant to Chapter 13 of the New Hope Code. In October 1996, the Planning Commission and City Council approved a request for site/ building plan approval to allow parking lot expansion on an adjacent parcel of land acquired by St. Therese, which had previously been used for a twinhome residential purpose. At the same time, the Commission and Council approved rezoning the R-2 property and the remaining property owned by St. Therese, which was zoned R-4, all to an R-5 "Senior/Disabled" Residential Zoning District. The site/building plan review and rezoning were approved subject to several conditions. One of the conditions was that St. Therese complete the platting of all the parcels into one lot within six months and provide the necessary easements. 3. The purpose of this plat, as stated on the application, is to combine the five (5) separate parcels/legal descriptions into one parcel/plat, as requested by the City. Land uses surrounding the property include R-4 apartments to the east, B-2 retail to the south, City of New Hope golf course and R-4 apartments to the west, and golf course and R-2 'duplexes to the north. The property is located in Planning District #2 in the Comprehensive Plan. General policies of the Comprehensive Plan include statements to eliminate parking problems with off-street solutions. The topography of the property on the northeast slopes approximately eight feet from Winnetka Avenue to the golf course on the west. The balance of the property slopes gently towards the south and drains into the on-site pond. 7. As per routine policy, the preliminary plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies and Hennepin County for review and comment. o The City Code states that copies of the final plat shall be submitted to the Plannin~.,,~ Commission for their review and recommendation, unless this requirement is waived by th. Planning Commission during their review of the preliminary plat. The petitioner has requested waiver of the review of the final plat by the Planning Commission. The Planning Commission will need to make a determination as to whether it wants to review the final plat or not. Staff met in a pre-application meeting with the petitioner and the surveyor on January 31. 9. Property Owners within 350' of the request have been notified, including the City of Crystal, and staff have received no comments regarding this request. ANALYSIS 1. The total area of the proposed plat is 12.15 acres. The area of road dedication is 0.76 acres, thus the net area of the plat is 11.39 acres. The plat has a width (from east to west) of 614.77 feet. The plat has a length (from north to south) of approximately 810 feet. 2. The plat combines five (5) existing parcels into one lot. The lot area and width requirements for the R-5 Zoning District are compared to the plat below: R-5 Requirement Minimum Lot Area 15,000 square feet Minimum Lot Width 100 feet Preliminary Plat 529,254 square feet 615 feet The preliminary plat meets the minimum lot area and lot width requirements for the R-5 Zoning District. 3. The City Attorney reviewed the preliminary plat and made the following comments/ recommendations: Certain minor information required for preliminary plat by City Ordinance Section 13.041 is missing, namely the location of existing sewer and water mains, topographic data, and proposed design features. B. Prior to approval of the final plat, the property owner must provide our office with evidence of title for the land in the plat. 4. The City Engineer reviewed the preliminary plat and made the following comments/ recommendations: A. An existing site and utility plan showing topography, parking, driveways, trees, utilities, etc., shall be provided. B. A 10-foot wide drainage and utility easement shall be provided along all lot lines. Co A drainage and utility easement is provided over the ponding area located in the southeast corner of the plat. The easement line near Bass Lake Road shall be extended to the Bass Lake Road right-of-way eliminating the small property between Bass Lake Road and the easement. The location of the easement line shall accurately reflect the 902 contour. 'D. Drainage issues exist along the northwest corner of the property adjacent to the golf course. Sump discharge and draintile from St. Therese to the golf course shall be directed to existing storm sewer in the golf course. E. Water quality requirements shall be reviewed with Shingle Creek Watershed Commission to determine how they can best be satisfied. Hennepin County shall review the right-of-way requirements along Bass Lake Road. The 40-foot wide half right-of-way along Winnetka Avenue is consistent with similar dedication along this section of Winnetka Avenue. 5. Hennepin County reviewed the preliminary plat and made the following comments/ recommendations: A. The developer should dedicate the additional seven feet of right-of-way from the centerline of CSAH 10 as shown. This dedication plus the 10-foot easement will accommodate any future bikeway or utility installation. B. No additional access to CSAH 10 will be permitted. Any revisions to the existing driveway will require the issuance of an approved entrance permit prior to construction. C. All proposed construction within county right-of-way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to, access drainage and utility construction, trail development, and landscaping. D. The developer must restore all areas, with the county right-of-way, disturbed during construction. 6. NSP and Minnegasco reviewed the plat and responded that they had no issues. 7. The Public Works Department and Building Official reviewed the plat and had no comments other than those covered by the City Engineer. RECOMMENDATION Staff recommends approval of the Preliminary Plat of St. Therese Addition, subject to the following conditions: 1. Final Plat to incorporate all recommendations requested by City Attorney, City Engineer and Hennepin County. 2. The Planning Commission agrees to waive its review of the Final Plat. Attachments: Address/ZoningFFopo Maps Preliminary Plat Plat Legal Description City Attorney Plat Comments City Engineer Plat Comments Hennepin County Comments Public Works Plat Comments Letter Requesting Comments on Plat Application Log MEAOOW LAKE ~LEMENTARY OOROTHY MARY PARK ~100 ~o AVE. N. · 59 TH AVE. N PARK VILLAGE GREEN GOLF COURSE ST. THERESA NURSIN6 RO 56TH. AVE N HOSTERMAN JR HIGH SCHOOL 77ol WINNETKA ELEMENTARY C INTY VlLLAG~ R.3 ST. THIr ~SA R.4 .4 RIOG~ 'ER HOSTERIdAN JR HIgH SCHOOL BEGIN PARK WINNETKA ELEMENTARY SCHOOL AVE ' 54TN. AVE. '"" H 910.,3 lV PRELIMINARY PLAT OF -- ST. THERESE ADDITION ~ )~ner./Deve loper: gr. Therese Homes, Inc. ~000 Bass [~ke Road New }lope, Mn. 5~4L8 Zoning: R-5 TOta! Area of Plat: Area of I~t 1: ~oad D~dicat ion: 12.15 acres 11.39 acres 0.76 acres Surveyor: [~l~r H. Sch~anz Land Surveyors, Inc. 14750 South Robert Tr. Rosemount, Mn. 55068 Phone: 4Z 3-1'f69 Legal Description A[~stract: The West 24~.0(1 feet of the East Half of the Northeast Quarter of the Southeast Qu~i~te~ of Section 6, Township 118, R~nge 21, Hennepin County, Minnesota, lying north of the north rl~;ht of way line of Bass I~ke Road. The So~th 683.~5 feet of the North 85?.00 feet of the East Half of the Northeast Qua~te~ the Southeast ~uartev of Section 6, Township 118, Range 2.1, Hennepin County, Minnesota, lying east of the West 247.00 feet thereof. TorTens: Tract G, Registered L~nd Survey No. 1137, on file and of record in the office of the Registva~ of Titles, Hennepin County, Minnesota. Tra~t A and ~ B, ~egistered Land Surv~ Ne. 1495, files of the l~egistrar of Titles, STEVEN A. SONDRALL MICHAEL R. L~EUR MARTIN P. MALECHA WILLIAM C. STRAIT Co~a~cx & SONn~L, P.A. Arrom~¥s Ar LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-567~ FAX (612) 425-5867 SI,'IA~ON D. DF..qBY February 19, 1997 Kirk McDonald City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: St. Therese Addition Our File No. 99.15046 Dear Kirk: I have examined the proposed preliminary plat for St. Therese Addition and have the following comments: Certain minor information required for preliminary plats by City Ordinance Section 13.041 is missing, namely the location of existing sewer and water mains, topographic data, and proposed design features. Prior to approval of the final plat, the property owner must provide our office with evidence of title for the land in the plat. Otherwise, the preliminary plat is in order from a legal standpoint. Be sure to contact me if you have any questions. Sincere]y, Martin P. Malecha Asst. New Hope City Attorney m3w cc: Daniel J. Donahue, City Manager Steven A. Sondrall, City Attorney BONESTRO0 AND ASSOCIATES Bonestroo Roscoe ., U lerlik & Associates Engineers & Arcl~Kects 612 6361311 02/20/97 09:57 ~ :02 N0:924 MEMO DATH: TO: FROM: SUB.CT: Febronry 2 i, 19~7 Kirk McDonald Doug Snndstnd Mark Hanna Preliminary Plat - St. Therese Addition Our File No. 34 Gert, B96-2~ We have reviewed the above plat nnd offer the following recommendations: · An existing site and utility plan showing topoip'aphy, pnrkiqg, driveways, trees, utilities, etc., shall be provided. · A I O-foot wide drninage and utility easement shall be provided along all lot lines. A drainage and utility easement is provided over the pending mca Iocnted in the south~qt coroer of the pint. The easement line near Bass Lake Rend shall be extended to the Bass Lake Rend right-of-way eliminating the small property between Bass Lake Rend and the easement. The location of the easement line shah accurately reflect the ~2 contotlr. Dralna~ issues exist along the not*,hwe~t coroer of the property adjacent to thc golf course. Sump discharge and cirnintile from St. Tberese to the golf course shall be directed to existing storm newer in the golf course. Water quality requirements shall be reviewed with Shingle Creek Watershed Commission to determine how they can best be satisfied, Hennep|n County shall review the right-of-way requirements along Bass Lake Road. The 40-foot wide half fight-of-way along Winnetka Avenue is consistent with similar dedication along thig section of Winnetka Avenue. 2335 West -Hi~i~wa¥ 36 · st. Paul, MN 55113-3898 · 612-636-4600 FE]~-Z~F-199V 14:49 Hennepin County I Mr. Ki'rk I~cD~nalql City of New Ho~{ 4401 ~lon AVe. ). New Hope, HN: 55428 Re: Proposed~ Pla~ - st. 'Therese Add'n CS~' 10 Section 6, T~nship 2~, Range 21 Hennepin. C~Qty Plat No. 2387 Review and Rec~endations . Dear Hr. ~Donald: Hinnesota Statutes 505.02 and 505.03, Plats and Surveys, require county review of proposed plat~ abutting county roads. We rdvtewed the abov~ plat and make the following con~ents: · The deve)ope~ should dedicate the additional.7' of right of way from t~e centerline of CSAH 10 as shown. This dedication plus the 10' easement! will acc.o~.date any future bikeway or utility installation. · No additlona~ access to CSAH 10 will be permitted. Any revisions to the existing* dr~!eway will require the issuance of ~n approved entrance permit prior to con)t~uction. , · All proposed)construction within county right of way requires an approved Hennepin Couqty permit prior to beginning construction. This includes; but is' not ilmtted to access drainage and uttltty construction, trail development (nd landscaping. Contact our Re,mits Section at 930-~550 for the apprpprtate permit forms. : · The developa~must restore all areas, wttMn the county right of way, disturbed d~ing construction. Please direct an~ response to Dave Zetterstrom at g30~Z548. . D ;..ep~ent of ~ Works 320' ,:.W~ Avenue Soud~ Hopkim, Minnesota 55343-8496 (61~}930-2500 FAX:(612)930-2513 TDD:(612)~30-2696 : FEEI-~7-1997 14:49 FROH HEb~ CTY PUBLIC ~ TO Hr..K~rK HcDonal~ February ~7,: 1~9~ Page 2 As a matter of p~ocedure, we request that the CJty Cl&rk inform us of the City Council's acttonlon the right of way and access provisions. Sincerely, .Thomas D. ~l~hnsob, P.E. Transportatiion Planning Engineer TEU/DKZ/jh , ~' :, cc: Pete Tul;kki ~ Dave Swenson i TnT¢~ P. ~'~ CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: February 18, 1997 Kirk McDonald Management Assistant, Community Deveopment Coordinator Jeannine Clancy Director of Public Works Preliminary Plat of St. Therese Addition Thank you for giving us the opportunity to review the preliminary plat for the St. Therese Addition. There are no special concerns made obvious by this proposal that we feel need to be addressed at this time. g:Memos~StTheres CITY OF NEW HOPE MEMORANDUM DATE: February 7, 1997 TO: Hennepin County Public Works Minnegasco Northern States Power Co. U.S. West Telephone King Cable Television New Hope Director of Public Works New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer New Hope Building Official FROM: SUBJECT: Kirk McDonald, Management Assistant, Community Development Coordinator ~~ary Plat of St. Therese Addition Enclosed you will find the Preliminary Plat for St. Therese Addition. Please review and return your comments by 4:30 p.m. Friday, February 21. This Preliminary Plat will be considered by the New Hope Planning Commission at its meeting on March 4. If you have questions, please feel free to contact me at 531-5119. CITY OF NEW HOPE SPECIAL ZONING PROCEDURES APPLICATION LOG a B C D E F G H I J Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City cation application was sent day time day time Applicant for City approved or sent response number Name received notice limit limit was notified action denied the to Applicant Address by City that required expires expires of under application Phone information extension extension was missing or waiver 97-03 St. Therese Home, Inc. February 7, April 8, June 7, 8000 Bass Lake Road 1997 1997 1997 New Hope, MN 55428 Dave Bredenberg, Administrator 531-5037 Boxes A-C and E-F will always be filled out. VVhether the other boxes are filled out depends on the City's procedures and the date of a specific application. B. C. D. Assign each application a number. List the Applicant (name, address and phone). List the date the City received the application. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line. To calculate the 60-day limit, include all calendar days. To calculate the 120-day limit, include all calendar days. Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G must come before the date in Boxes E and F.) List the deadline under any extension or waiver. The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.) List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before the time limit expires. CITY OF NEW HOPE PLANNING CASE REPORT 'Planning Case: 96-24 Request: Consideration of Ordinance No. 97-04, An Ordinance Amending New Hope Zoning Code by Establishing Regulations for Construction and Placement of Telecommunication Towers and Facilities Location: City-Wide PID No.: Zoning: All Zoning Districts Petitioner: City of New Hope Report Date: February 28, 1997 Meeting Date: March 4, 1997 BACKGROUND This is a request by City staff for Planning Commission and Council consideration of Ordinance No. 97-04, An Ordinance Amending New Hope Zoning Code by Establishing Regulations for Construction and Placement of Telecommunication Towers and Facilities. This ordinance specifically amends or adds Sections 4.022 "Definitions," 4.032(3)(j) "Communication ReceptionFFransmission Devices," 4.035(4) "Exceptions," 4.039D "Personal Wireless Service Antennas and Towers," 4.052 "Permitted Uses, R-l," 4.053 "Accessory Uses, R-l," 4.103 "Permitted Accessory Uses, B-l," and 4.144 "Conditional Uses" of the New Hope Zoning Ordinance and City Code. This ordinance is in response to action taken by the City Council in June of 1996. At the June 24, 1996, Council meeting, the Council passed a Resolution Directing a Study be Conducted Regarding the Regulation of Transmission and Reception Facilities of Radio Common Carriers. The resolution stated that the Council found it necessary to conduct a study to determine if there is a need to amend the City's official controls or comprehensive plan relating to Radio Common Carrier Facilities (RCCF). Market demand, rapid advances in technology and expanding federal licensure of radio frequencies has resulted in the proliferation of RCCFs and that trend can .be expected to accelerate in the future. The City's existing regulations of antenna and tower transmission facilities predate the current expansion trend and the resolution stated that the City Council was concerned that official controls may not be adequate to meet the anticipated proliferation of RCCFs. At the time the resolution was approved, the North Suburban Cable Communications Commission, a joint powers organization of which the City is a member, was considering undertaking a study of the appropriate locations and control of RCCFs in its member cities. The reSolution authorized that a study be conducted by City staff and/or the Planning Commission in conjunction with the Cable Commission to determine if the City's official controls need to be modified. At the same meeting the resolution was passed by the Council authorizing a study on this-..~ subject, the Council also approved An Interim Ordinance Temporarily Prohibiting th~. Establishment, EXpansion, Modification or Rebuilding of Any Radio Common Carrier Facilities Within the City. The ordinance prohibited the construction of new or the expansion of existing RCCFs for a period through December 1, 1996 (approximately six months). The resolution and the moratorium ordinance were intended to protect the planning process while the study was being conducted. The Council has the authority to extend the moratorium for an additional 18 months subsequent to December 1, 1996, if they so desire. The Council subsequently has extended the moratorium until June 11, 1997. Over the last nine (9) months, the City has received numerous calls from companies desiring to construct new or expand existing communication towers and antennas. Once the new ordinance is adopted and the moratorium lifted, it is anticipated that the Commission and Council will be considering a number of zoning requests related to this issue. 6. The City and Northwest Consultants cooperated with the North Suburban Cable Communications Commission on their study, which was initiated in September. On September 19 a meeting was conducted with member cities to discuss the new Telecommunications Act of 1996 and City authority with respect to existing zoning ordinances and to discuss the desirability of cooperative and collaborative action. A second meeting was conducted on October 23 to review the preliminary draft of a model ordinance. A revised draft ordinance was presented in November and the ordinance was distributed to representatives of the industry for their comments/suggestions. Once the model ordinance was finalized, the language was modified to be New Hope specific. This involved coordination with the Public Works Department, Joint Water Commission, the Parks & Recreation Department (towers in parks), the Building Official, and the Codes & Standards Committee of the Planning Commission. The Codes & Standards Committee discussed this issue and a preliminary draft ordinance in detail at the January Codes & Standards meeting. Minor modifications were recommended and incorporated into the attached final draft ordinance, which was prepared by the City Attorney. 8. A public hearing notice was published for this Planning Commission meeting, as enclosed. ANALYSIS 1. The current City Zoning Code only allows radio/cellular transmission towers in the I-1 and I-2 Industrial Zoning Districts by conditional use permit. Staff had a lot of discussion as to whether these towers should be allowed in commercial and residential zoning districts. Staff's recommendation is that they not be allowed in those districts and this ordinance is similar to the existing code in that it only allows towers by conditional use permit in the industrial zones. 2. The ordinance also adds much more detail and guidelines to address issues such as antennas, etc., which the current zoning code does not contain. 3. The Planning Consultant will be present at the meeting to make a presentation on this ordinance. He has prepared the enclosed reports and staff requests that you review the attached reports and comments from the Planning Consultant and City Attorney, as it is not staff's intent to repeat all of that information in this report. There is also additional information attached from the Northwest Cable Commission study for your information, and there is additional information available for review at City Hall on the 1996 Telecommunications Act if you are interested. 4. A brief overview of the ordinance is as follows: Section I Section I of the draft Ordinance provides specific definitions of related terms used throughout the Ordinance. The definitions provide an understanding of the different types of antennas, antenna support structures and towers, and redefines the City's definition of essential services to exclude accessory antennas and personal service antennas and towers. These types of uses are clearly, not "essential services," however, the existing definition of essential services may be interpreted as including antennas. Section 2 Section 2 modifies the existing language for regulations of Communication Reception/ Transmission Devices by changing the definition of these uses to accessory antennas for the purpose of making a distinction between accessory antennas and personal wireless service antennas. Section 3 Section 3 adds personal wireless service and commercial broadcasting antennas and towers as an exception to the building height limits established for zoning districts for consistency in the height limitation requirements for these uses. Section 4 Section 4 includes the specific regulations for personal wireless service antennas and towers. Personal wireless service antennas and accessory antennas are allowed as a secondary permitted use in all zoning districts. Personal wireless service antenna towers erected on an antenna support structure are allowed as a conditionally permitted use within the I-1 and I-2 Zoning Districts. Commercial and public radio and TV antennas and public utility microwave antennas and related antennas are also conditionally permitted within the I-1 and I-2 Zoning Districts. Sections 5- 9 Sections 5 - 9 site the specific zoning districts in which the subject uses are allowed. As stated above, the following highlights the specific use and corresponding districts in which the uses are allowed: · Accessory antennas - Permitted Accessory Use within all Zoning Districts. · Personal wireless service antennas - Permitted Accessory Use within all Zoning Districts. · Personal wireless service towers - Conditional Use within the I-1 and I-2 Zoning Districts. · Commercial and public radio and television transmitting antennas and public utility microwave antennas - Conditional Use within the I-1 and I-2 Zoning Districts. In addition, staff is not recommending the adoption of a licensing ordinance, as it is staffs opinion that the proposed zoning regulations will provide adequate controls. As in past cases, when towers are proposed to be located on City property, a lease agreement containing specific provisions/requirements will be prepared. RECOMMENDATION Staff and the Codes & Standards Committee recommend approval of the enclosed ordinance. Attachments: Public Hearing Notice Ordinance No. 97-04 2/21 City Attorney Correspondence 2/12 Planner's Report 1/10 Planner's Report Resolution 96-142 Directing a Study to be Conducted Ordinance No. 96-15 Establishing Moratorium Northwest Cable Commission Information Other information available at City Hall for your review if you are interested: Implementing the New Telecommunications Law: A County and Local Official's Guide to the Telecommunications Act of 1996 "Local Government and the Telecommunications Act of 1996" Sprint Spectrum "Personal Communications Services" NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY ESTABLISHING REGULATIONS FOR CONSTRUCTION AND PLACEMENT OF TELECOMMUNICATION TOWERS AND FACILITIES City of New Hope,.Minnesota Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota, will meet on the 4th day of March, 1997, 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 amending definitions and establishing setback, height, sign and placement regulations for personal wireless service antennas and towers. 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 13th day of February, 1997. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 19th day of February, 1997.) ORDINANCE NO. 97-04 AN ORDINANCE AMENDING NEW HOPE ZONING CODE BY ESTABLISHING REGULATIONS FOR CONSTRUCT[ON AND PLACEMENT OF TELECOMMUNICATION TOWERS AND FACILITIES The City Council of the City of New Hope ordains: Section 1. Section 4.022 "Definitions" of the New Hope City Code is hereby amended by adding subsections (3B)"Antenna", (3C) "Antenna Support Structure", (3D) "Antenna Tower", (112A) "Public Structure" and (122B) "Secondary Use" and by amending subsection (50) "Essential Services" to read as follows: (3B) Antenna. Any of the below described uses requiring an antenna shall be subiect to the regulations of this Code and more specifically §§4.032(3)(i) and 4.039D herein: (i) Antenna~ Personal Wireless Service. A device consisting of a metal, carbon fiber, or other electromagnetically conducive rods of elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof. (ii) Antenna, Public or Commercial Radio and Television, Broadcast Transmitting. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element' used to transmit public or commercial (iii) broadcast radio, or television programminq and including the support structure thereof. Antenna, Public Utility Microwave. A parabolic dish or cornucopia shaped electromagneticall¥ reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and structure thereof. including the supportinq (v) (vi) Antenna, Radio and Television Receiving. A wire_~ set of wires, metal or carbon fiber element(s)~ other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. Antenna, Satellite Dish. A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio Or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TYROs (television, receive only) and satellite microwave antennas and support structure thereof. Antenna, Short-Wave Radio Transmitting and Receiving. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for thm transmission and reception of radio waves used for short-wave radio communications, and including thR supporting structure thereof. (3C) Antenna Support Structure. Any building or other structure other than a tower which can be used for location of antennas. (3D) Antenna Tower. A self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. The term tower shall not include amateur radio operators' licensed by the FCC. equipment, as (112A) Public Structure. An edifice or building of any kind, or any oiece of work artificially built up or composed of parts ioined together in some definite manner which i~ owned or rented, and operated by a federal, state, or local government agency. (122B) Secondary Use. A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building. (50) Essential Services. The erection, construction, alteration, or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication~water or sewer transmission~ cr distribution, co]]ection, c=.,%,%ur:-''~-",,~..,~,,, supply or disposal systems inc]uding po]es, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, po]ice ca]] boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Personal wireless service and commercial broadcasting antennas and towers shall not b~ considered an essential service ~ ..... ~:- ut~!it~^ .'-'pc~ ~c¥~rnmcnt ] not Section 2. Section 4.032(3)(j) "Communication Reception/Transmission Devices" of the New Hope City Code is hereby amended to read as follows: (j) Accessory Antennas. C ............ t ....... ry "-~ .... th ..... ~-~ '~ ...... ~ ~- ¢-~ .... ~ ..... w~ .... Accessory Antennas shall be limited to R£adio and television receiving antennas, satellite dishes, TVROs, short-wave dispatching antennas and amateur short-wave radio transmitting and receiving antennas. Accessory Antennas that are accessory to the principal use of property are permitted accessory uses in ali zoning districts provided they meet the following conditions: mounted accessory antenna shall not exceed twenty (20) feet in height from ground level. (i'i) Yards ~ ........, ~--':-- ~":-- Accessory antennas shall not be located within the required front yard setback or side yard setback abutting a street, except for wa]] mounted antennas less than twenty- four (24) inches in dimension, wa]] mounted to a principal building and the setback encroachment does not exceed two (2) feet. 3 (~ii) (iv) (v) (vi) (vii) (viii) (ix) Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the communication dcvic~ accessory antenna may be placed on the roof of any authorized structure on the premises, Setbacks. The height of the cc,,m,,%unlc;t~--,~,, dc'.'ic~* accessory antenna attached to an antenna support structure may exceed five (5) feet above the peak of the roof only by conditional use permit. Amm"-, ........... s Accessory antennas shall not be located within five (5) feet cr mc'ye fr;m =!] o_~f any lot lines of adjoining lots --~ -~-'~ --' ~.- -l~ O_E within a drainage and utility easement. Building Permits. A building permit shall be required for the installation of any ccmmunicctlon ~ accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the c~mmunic~tlcn: dcvic~ accessory antenna, including details of anchoring. The Building Official must approve the plans before installation. Lightning Protection. Each c;,,m,mun'--'=--,~..,~,, device accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of New Hope. Electrical Code. C;,,q,,munl--'~--~-.,~,, .~.,~~-"~-- Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the City of New Hope. Color/Content ~ ...... '--'~-- ~-"~-- Acce y .............. ~ ......... ~ ssor antennas shall be of a neutral color and any lettering or scenes contained on said device qualifying it as a sign shall be subject to the regulations of Sections 3.40 through 3.485 of the New Hope Sign Code. Effective Date. The provisions of this section shall be applicable to all cc,r. mur, i-c.~cn/rcccpticr,/~ ~' trcnc,r, ic~icn d¢¥1ceG accessory antennas erectee after 7 April 1988. All such structures existent prior to this date shall be addressed as legal nonconforming uses. 4 Section 3. Section 4.035 (4) "Exceptions" of the New Hope City Code is hereby amended by adding subsections (m) and (n) to read as (m) Personal wireless service and commercial broadcastin~ antennas not exceeding twenty (20) feet above the roof of the antenna support structure. (n) Antenna towers. Section 4. Section 4.039D "Personal Wireless Service Antennas and Towers" of the New Hope City Code is hereby added to read as follows: 4.039D Personal Wireless Service Antennas and Towers. (1) Purpose and Intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accommodate the growth of wireless communication systems within the City of New Hope while protecting the public against any adverse impacts on the City's aesthetic resources and the public we]fare. (2) Persona] Wire]ess Service Antennas. Personal wireless service antennas erected on an antenna support structure may be allowed as a permitted secondary use in ali zoning districts by administrative permit and provided they comply with the following standards: (a) Unless the antenna/antenna support structure and land is under the same ownership, 'written authorization for antenna erection shall be (b) provided by the property owner as well as the applicant. Except in residential zoning districts~ the antenna support structure is not less than twenty (20) feet in hei_qht. Within residential zoning districts, the support structure is not less than thirty-six (36) feet in height. (c) The antenna shall not exceed the height of the antenna support structure by ~reater than twenty (20) feet. The antenna support structure and antenna shall be in compliance with the Minnesota State Buildinq Code and all other applicable federal and statn regulations and permits. (e) Structural design, mounting and installation of thn antenna shall be in compliance with manufacturer'~ specifications and shall be verified and approved by a registered professional engineer. (f) No advertising message shall be affixed to the antenna. Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. (h) When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. (i) Transmitting, receiving, and switching equipment shall . be housed within the existing structuro whenever possible. If a new equipment building i~ necessary for transmitting, receiving and switchin~ equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. (~) All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by tho City Manager or designate. The removal shall bo the ioint or several responsibility of the utili.ty or communication provider and land owner. (k) Antennas and their appurtenances located above thn primary roof of an antenna support structure shall be set back one (1) foot from the edge of th~ primary roof for each one (1) foot in height abov~ the primary roof of the antenna. This setback requirement shall not apply to the following: (i) Antennas which are mounted to the exterior of antenna support structures below the primary roof, and do not protrude more than six (6) inc'hes from the side of such antenna support structure. ¢3) £j_i). Screened antennas and their appurtenances. (1) Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities harmonize with the character and environment of the area in which they are located. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antennas aR proposed is necessary to meet the frequency spacinq needs of the personal wireless service system and to provide adequate portable personal wireles~ service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. Personal Wireless Service Antenna Towers. Personal wireless service antennas erected on an antenna tower may be allowed as a conditionally permitted use within Industrial zoning districts, provided they comply with the following standards: (al Unless the antenna tower and land is under the same ownership, written authorizat'ion for antenna and antenna tower erection shall be provided by the property owner as well as the applicant. (b) All obsolete and unused antenna towers shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Manager or designate. Th~ removal shall be the ~oint and several responsibility of the utility· or communication provider and land owner. (c) All antenna towers shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. (d) Structural design, mounting and installation of the antenna towers shall be in compliance w~tn manufacturer's specifications and shall be verified and approved by a registered professional engineer. 7 (e) When app.~licable,, proposals to erect new antenna towers shall be accompanied by any required federal state, or local agency licenses. (f) The City may authorize the use of City property for an antenna tower in appropriately zoned districts in accordance with the procedures of the City Code. The City shall have no obligation whatsoever to use City property for such purposes. Antenna towers are prohibited on any property whose principal use includes the storage, distribution, or sale of volatile, flammable, explosive, or hazardous materials such as LP gas, propane, natural gas, and corrosive or dangerous chemicals. (h) Antenna towers shall maintain a minimum setback to the nearest property line of seventy-five (75) percent of tower height and a minimum setback from a building in the same lot of fifty (50) percent of tower height. (i) All antenna towers shall maintain a minimum separation of one thousand (1,000) feet from existing towers at the time the conditional use (i) permit is approved, The height of the antenna shall be the minimum (k) necessary to function satisfactorily as verified by an electrical engineer or other appropriate professional. Maximum height of any antenna tower shall be one hundred twenty-five (125) feet. Antenna towers shall not be artificially (m) illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. No advertising message shall be affixed to the antenna tower. Antenna towers shall be painted silver or have a (n) galvanized finish to reduce visual impact, unless otherwise required by federal law. Antenna towers shall utilize camouflagin~ techniques in order that such facilities harmonize with the character and environment of the area in which they are located. 8 (o) (p) (q) (r) The ~p~j,,icant shall demonstrate by providinq coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the tower and antenna as proposed is necessary to meet the frequency spacing needs of the personal wireless servicn system and to provide adequate portable personal wireless service coverage and capacity to area~ which cannot be adequately served by locating tho tower and antenna in a less restrictive district._ A security fence eight (8) feet in height shall bo provided around the base of the antenna tower. A locked anti-climb device shall be installed on all towers extending twelve (12) feet above the ground. Transmitting, receiving and switching equipment shall be housed within an existing structurn whenever possible. If a new equipment buildin~ is necessary for transmitting, receiving and switchinff equipment, it shall be situated in the rear yard of the principal use and shall be screened from vie:~ by landscaping where appropriat®. new antenna tower is to be constructed it (s) shall be designed so as to accommodate other users including but not limited to other personal wire]ess service companies, local, police, fire, and ambulance companies. The conditional use permit provisions of Section 4.21 of this Code must also be satisfied. (4) Commercial and Public Radio and Television Transmittinff Antennas, and Public Utility Microwave .Antennas and Related Antenna Towers. Such antennas shall be considered a conditionally permitted use within the [-1 and [-2 Districts of the City and shall be subject to the regulations and requirements of Section 4.21 of thi~ Code. Commercial and public radio and television transmitting, public utility microwave antennas and antenna towers shall also comply with the followinq standards: (a) The applicant must demonstrate that any antenna support structure is structurally capable of supporting the antenna and related equipment and complies with the Minnesota State Buildin~ Code. 9 Antennas located in an existing structure shall nnt extend more than twenty (20) feet above the heigh[ of the structure to which they are attached, (c) Antennas attached to a tower shall comply with tho tower provisions set forth in Section 4.039D(3) of this Code. Section 5. Section 4.052 "Permitted Uses, R-I" of the New Hope City Code is hereby amended by adding subsection (7) "Persona] Wire]ess Antennas" to read as follows: (7) Personal Wireless Service Antenna~. Personal wireles~ service antennas in conformance with §4.039D of this Code. Section 6. Section 4.053 "Accessory Uses R-I" of the New Hope City Code is hereby amended by adding subsection (7) "Accessory Antennas" to read as follows: (7) Accessory Antennas. Accessory antennas in conformance with §4.032(3)(~) of this Code. Section 7. Section 4.103 "Permitted Accessory Uses, B-I" of the New Hope City Code is hereby amended by adding subsections (7) "Personal Wireless Service Antennas" and (8) "Accessory Antennas" to read as follows: (7) Personal Wireless Service Antennas. Personal wire]ess service antennas in conformance with §4.039D of this Code. (8) Accessory Antennas. Accessory antennas in conformance. with §4.032(3)(5) of this Code. Section 8. Section 4.144 "Conditional Uses" of the New Hope City Code is hereby amended by adding subsections (14) "Persona] Wireless Service Antennas" and (15) "Commercial and Public Radio and Television Transmitting Antennas and Public Utility Microwave Antennas and Related Antenna Towers" to read as follows: (14) Personal Wireless Service Antennas. Personal wireless service antennas in conformance with §4.039D of thi~ Code. 10 (15) Commercial and Public Radio and Television Transmitting Antennas and Public Utility Microwave Antennas and Related Antenna Towers. Commercial and public radio and television transmitting antennas and public utility microwave antennas and related antenna towers in conformance with §4.039D of this Code. Section 10. Effective Date. This Ordinance shall effective upon its passage and publication. be Dated the day of , 1997. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk Published in the New Hope-Golden Valley Sun-Post the , 1997.) day of 11 10:25 P. 02/03 February 21, 1997 KIrK McOonal~ Management Asst. City of New Hope 4401Xylon Avenue North New Hoof, MN 55428 RE: Zontn9 Ordinance Dealing Telecommunication Towers Our File No: 99.49704 With Cellular Phone and Dear KirK: Please find enoloeed the following proooeed Ordinance for conslaeratton at the next Codec and Standarde meeting and Planning Commission: 1. Ordinance No. 97-04 - An Ordinance Naending (he New Hope Zoning Code by Establishing Regulattone for Construction and Placement of Telecommunication Towers and Factllttss. Basically,-Ordinanca NO. 97-04 establishing zoning regul&tions for telecomuntcation towers =onform$ to the ordinance provided in the City Planner's Febru&~Y 19, 1997 me~o. Several cha~ges were ma~e to the Ordtnanoe. The title wac shortened to conform with'the title ~rovtded tn the ~ub~tc heatlog nottce. T~S format for the definition of antenna in 9action I wes changed to Drovidestx subsections ~ased on use under a general definition of antenna. Ae a result, the definition of antenna support s~ructUra and antenna tower become subeection$ &.022(3C) and (3D) resoecttvelY. Also the definition of secondary uae w&a renumbered to subeect'ton (122B)- I~ Section 4 of the Ordinance establishing new Code ee¢tton 4.039D, eubsectton (2)(a) was changed to require a stgned application from both the ap~lloant and the pro~ertY owner when they are no~ the saJlte. F~rther, under (2)(d) the language wee =hanged to require FE8-21-97 FRI 10:25 P. 03/03. .Mr, Ktrk McDonald February 21, 1997 page 2 the support structure and antenna to comply with the Minnesota State BulldJng Gods and all other applicable federal and state regulatlons and 0ermJts. Also, under (2)(j) zontng was changed to City Manager or designate and the communication provider and property owner are now jointly and severally responsible for the removal of oD$oleZe and/or unused facilities. The City should not be ~n the middle of an arbitration concerning which party should remove obsolete facillttes. The amendment allows the City to proceed agatns~ etcher party, and, as a result, putting the burden on the property owner or communication provider to settle any differences between themselves concerning responsibility ~or removal of obsolete fa=jl~tJea. These same changes were made to subsection (3)(b) and [n subsection (3)(d) z have removed the reference to the Zoning Administrator so 1t Js consistent wit~ the language of subse==ton (2)(e). Zn subsection (3](o) ! ~&ve added ~he word 'tower" within the provision a~nce subsection (3) deals w~th the regulation of towers as well ae antennae. ~ectlon ? and 8 of the Planner's Ordinan¢e have been combined as section 7 in the enclosed Ordinance. aoth sections deal w~th &dding a subsection to Code Sectton 4,103. Ae & result, Section 7 of the enclosed Ordinance provides for the ad,trion subsections. Section 9 Of the Planner's Ordinance is now Section 8 of the enclosed Ordinance, Also, the subsections have been Fenumbered the enclosed OrdtnanGe to roll®ct the accurate numbering under the existing Code. As we discussed, a licensing ordinanoe te not being proposed at thta time. Please con[ac~ me tf you have any questions or comments regarding'the enclosed very Truly yours, Steven A. 8ondrall sl f2 Enclosure cc: A1 Brixius, C~ty Planner Valerie Leone, C4t¥ Clerk LTANTS I · COMMUNITY PLANNING - DESIGN MARKET RESEARCH 'MEMORANDUM TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary Teagueialan Brixius 12 February 1997 City of New Hope - Antenna Ordinance 131.00 - 96.11 In conjunction with the attached draft Ordinance for the regulation .of antennas, antenna towers and related facilities within the City, the following memo provides a summary of the proposed changes to the City Code. The Ordinance includes comments from the 17 January 1997 Codes & Standards Committee. Sect/on 1 Section I of the draft Ordinance provides specific definitions of related terms used throughout the Ordinance. The definitions provide an understanding of the different types of antennas, antenna support structures and towers, and redefines the City's definition of essential services to exclude accessory antennas and personal service antennas and towers. These types of uses are clearly not 'essential services", however, the existing definition of essential services may be interpreted as including antennas. Section 2 Section 2 modifies the existing language for regulations of Communication Reception/Transmission Devices by changing the definition of these uses to accessory antennas for the purpose of making a distinction between accessory antennas and personal wireless service antennas. Section 3 Section 3 adds personal wire/ess service and commercial broadcasting antennas and towers as an exception to the building height limits established for zoning districts for consistency in the height limitation requirements for these uses. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 PHONE 6 I :~-59S-9{536 FAX 6 I 2-5~5-cJ837 Section 4 Section 4 includes the specific regulations for personal wireless service antennas and towers. Personal wireless service antennas and accessory antennas are allowed as a secondary permitted use in all zoning districts. Personal wireless service antenna towers erected on an antenna support structure are allowed as a conditionally permitted use within the I-1 and I-2 zoning districts. Commercial and public radio and TV antennas and public utility microwave antennas and related antennas are also conditionally permitted within the I-1 and I-2 zoning districts. Section 5- 9 Section 5-9 site the specific zoning districts in which the subject uses are allowed. As stated above, the following highlights the specific use and corresponding districts in which the uses are allowed: Accessory antennas - Permitted Accessory Use within all Zoning Districts. Personal wireless service antennas - Permitted Accessory USe within all Zoning Districts. Personal wireless*service towers - Conditional Use within the I-2 and I-2 Zoning Districts. Commercial and public radio and television transmitting antennas and public utility microwave antennas - Conditional Use within the I-1 and I-2 Zoning Districts. NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING DESIGN MARKET RESEARCH MEMORANDUM TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary teague/Alan Brixius 10 January 1997 New Hope - Antenna Ordinance 131.00 - 96.11 In conjunction with the attached draft Ordinance, for regulation of antennas, antenna towers and related facilities within the City, the following memo provides a summary of the proposed changes to the City Code. Section Section 1 of the draft Ordinance provides specific definitions of related terms used throughout the Ordinance. The definitions provide an understanding of the different types of antennas, the antenna support structures and towers, and redefines the City's definition of essential services to exclude accessory antennas and personal service antennas and towers. These types of uses are clearly not "essential services", however, the existing definition of essential services may be interpreted as including antennas. Section 2 Section 2 modifies the existing language for regulations of Communication Reception/Transmission Devices by changing the definition of these uses to accessory antennas for the purpose of making a distinction between accessory antennas and personal wireless service antennas. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55zt I 6 PHONE 6 I 2-595-9636 FAX 6 I 2-595-9837 Section 3 Section 3 adds persona/wire/ess service and commercial broadcasting antennas and towers as an exception to the building height limits established for zoning districts for consistency in the height limitation requirements for these uses. Section 4 Section 4 includes the specific regulations for personal wireless service antennas and towers. Personal wireless service antennas and accessory antennas are allowed as a secondary permitted use in all zoning districts by an administrative permit. Personal wireless service antenna towers erected on an antenna support structure are allowed as a conditionally permitted use within the I-1 and I-2 zoning districts. Commercial and public radio and TV antennas and public utility microwave antennas and related antennas are also conditionally permitted within the I-1 and I-2 zoning districts. Sections 5 - 7 Sections 5-7 site the specific zoning districts in which the subject uses are allowed. As stated above, the following highlights the specific use and corresponding districts in which the uses are allowed: · Accessory antennas - Permitted Accessory Use within all Zoning districts. Personal wire/ess service antennas - Permitted Accessory Use within all Zoning districts. Personal wireless service towers - Conditional Use within the I-1 and I-2 Zoning Districts. Commercial and public radio and television transmitting antennas and public utility microwave antennas - Conditional Use within the I-1 and I-2 Zoning District's. License Ordi~tance Amendment--. rs. pc: Steve Sondrall Doug Sandstad 2 RESOLUTION NO. 96- [42 A RESOLUTION DIRECTING A STUDY BE CONDUCTED REGARDING THE REGULATION OF TRANSMISSION AND RECEPTION FACILITIES OF RADIO COMMON CARRIERS BE IT RESOLVED By the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: Section 1. Background. 1.01. The City of New Hope ("City") currently regulates various types of transmission and reception facilities through its official controls set out in its City Code. 1.02. Among the facilities that are currently subject to regulation are antennas and towers having a fixed location and operated to furnish to the public paging or mobile telecommunication service ("Radio Common Carrier Facilities" or "RCCF"). 1.03. Market demand, rapid advances in technology and expanding federal licensure of radio frequencies has resulted in the proliferation of RCCF's; and that trend can be expected to accelerate in the reasonably foreseeable future. 1.04. The City's regulation of antenna and tower transmission facilities predates the events described above and fails to differentiate among the various types of facilities including RCCF~s. 1.05. The City Council is concerned that its official controls relating to RCCF's may not be adequate to meet the anticipated proliferation of RCCF's and to deal with the appropriate locations and conditions under which they may be permitted in the City. 1.06. There exist a number of significant planning and land use issues pertaining to the protection of health, safety and general welfare of the City, including the following: lack of either state or federal regulation concerning the height and location of RCCF's: comparison of RCCF's to other antennas and tower facilities to determine whether differences make appropriate different regulations regarding location, height and other matters. 1.07· The City has received numerous inquiries from companies desiring to construct RCCF towers and other facilities in the City. Section 2. Findings. 2.01. The City Council finds that it is necessary to conduct studies to determine if there is a need to amend the City's official controls or comprehensive plan relating to RCCF's, and if so, to adopt the appropriate amendments. 2.02. The North Suburban Cable Communications Commission (Commission), a joint powers organization of which the City is a member, has undertaken to conduct a comprehensive study of the appropriate locations and control of RCCF's in the cities that are its members. 2.03. The City Council finds that there is need to adopt interim measures for'the purpose of protecting the planning process and the health, safety and welfare of its citizens regarding such matters. Section 3. Planning and Zoning Study. 3.01. A study is authorized to be conducted by City staff and/or Planning Commission in conjunction with the Commission to determine if the City's official controls need to be modified as they related to RCCF's. 3.02. Pending completion of the study and adoption of any amendments to the City's official controls, it is unlawful for any person to establish, expand, or rebuild a RCCF. 3.03.: Upon application to the City Council, and the showing of an undue hardship, the City Council may grant such waivers to the provisions of this resolution, and upon such conditions as the City may, in its judgment deem appropriate. Section 4. Enforcement· The City may enforce this resolution by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 5. Term. Unless earlier repealed by the City Council, this resolution is effective until December 1, 1998, and may be further extended for such additional periods as the City Council may deem appropriate in accordance with Minn. Stat. §462.355(4). Adopted by the City of New Hope this 24th day of June , 1996. At t est: //Edw. g~. Erickson, Valerie Leone, City Clerk Mayor c:\wp51\cnh\reso.rad ORDINANCE NO. 96-15 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE ESTABLISHMENT, EXPANSION, MODIFICATION OR REBUILDING OF ANY RADIO COMMON CARRIER FACILITIES WITHIN THE CITY The City Council of the City of New Hope ordains: section. 1. Section 1.58 "Temporary Prohibition of Transmission and Reception Facilities of Radio Common Carriers" of the New Hope Code is hereby added to read as follows: I .58 Temporary Prohibition of Transmission and Reception Facilities of Radio Common Carriers. I .581 Definitions. For purposes of this section Transmission and Reception Facilities shall mean any antennas or towers having a fixed location and operated to furnish to the public paging- or mobile telecommunication service otherwise known as Radio Common Carrier Facilities or "RCCF". 1.582 Term of Suspension. Pursuant to the authority of Minn.Stat. §462.355, subd. 4, a total prohibition is hereby imposed on the establishment, expansion, modification or reconstruction of any transmission or reception facilities as defined in §'1.581 of this Code anywhere within the New Hope City limits. Said prohibition shall be effective through December 1, 1996. Any application for the issuance of a building permit under Chapter 3 of this Code, text changes, variances, conditional use Permits or rezoning requests under Chapter 4 of this Code and any subdivision requests under Chapter 13 of this Code for any new use, construction, development or subdivision of property for a RCCF as defined by §1.581 of this Code shall be denied until December 1, 1996. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 24th day of At t est: June , 1996. . ~dw. ,~.--Erickson, Mayor Valerie Leone;' City Clerk Published in the New Hope-Golden Valley Sun-Post the 3rd July , 1996. ) day of NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 6900 Winnetka Avenue North Brooklyn Park, MN 55428 January 30, 1997 (612) 536-8355 Kirk McDonald City of New Hope 4401 Xylon Avenue N New Hope, MN 55430 Dear Mr. McDonald: The process to develop a model telecommunication towers and facilities ordinance is complete. The model ordinance, along with a legislative text showing the changes since our meeting with the industry and city personnel, as well as two memorandums from Adrian Herbst, describing the ordinance and the changes made are enclosed. The one memorandum labeled "Confidential Attorney Client Privilege," is not to be shared with the industry. This model ordinance was first drafted by Mr. Herbst at the request of the Cable Commission. The draft was described and explained to city personnel who are members of the Telecommunications Tower Task Force at a meeting last fall. Based on the comments received at that meeting the draft model ordinance was revised to reflect the concerns and questions posed by city personnel. .That revised draft was then circulated to the Task Force and representatives of seven local telecommunications providers, with a specific request that the industry comment. We received written comments from three providers. Based on those comments the draft was again revised. In January we met with city personnel and six representatives of the industry to discuss the draft. The meeting was very helpful and the industry was very forthcoming and cooperative. Subsequent to this meeting and discussion in January, additional revisions were made which are reflected in the model ordinance and Mr. Herbst's memos which are enclosed. I want to thank the members of the Task Force, industry representatives and of course Mr. Herbst, for participating in this process. The model represents a great deal of hard work on the part of both cities and the industry and should serve all parties well. The Cable Commission has absorbed the cost of developing this model and I hope our involvement has helped our members cities. If you wish to consult further with Mr. Herbst, as individual cities, you may do so at your own expense. Again, thanks to everyone who helped in this process. Sin~.~ely~ 'Greg/~oore, Executive Director Nor~t~west Suburbs Cable Communications Commission Brooklyn Center * Brooklyn Park * C~s~ * Golden V~ey * Maple Grove * New Hope * Osseo * Plymou~ * ~bbinsdale NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 6900 WL, metka Avenue North Brooklyn Park, MN 55428 (612) 536-8355 October 10, 1996 Kirk McDonald City of New Hope 4401 Xylon Avenue Nor~:h New Hope, MN 55428 re: TELECOMMUNICATIONS TOWERS AND PUBLIC RIGHTS-OF-WAY Dear Mr. McDonald, On Thursday, Septmeber 19th, we held an information meeting regarding the Telecommunications Act of 1996 and its impact on public rights-of-way and telecommunications towers and zoning. The meeting was well attended and there were many positive conents about ~he presentation. As we suspected many, if not all area cities are receiving many requests for permission to attach antennas to existing structures or build telecommunications towers. To a lesser extent, ~here was concern expressed regarding increased use of ~he public rights-of-way. As you probably know the League of Minnesota c~ies and the city Engineers Association of Minnesota have drafted a model public rights-of-way ordinance and are working on drafting state legislation which will Me consistent wi~h ~hat model ordinance. The Suburban Rate Authority has a model ordinance as do other attorneys who do wor~ in this field, all of which have merit. Unfortunately, all ~hese choices only seems to add to the confusion. At the conclusion or,he information meeting we asked if the Cable Commission should continue to play a role with respect to these issues· The overwhelming 'feedbac~ we receivedwas to continue. Those in attendance seemed to want help in drafting ordinancesbu~perhaps more important, wanted someone to facili~a~e & dis~nlssion of the issues and to faoilitate an exhange of information among area cities. Because the issue of telecommunication towers and antennas seems to be of more innediate concern we will begin with this issue. We have scheduled a meeting for Wednesday, Sot.bet 23, 1996 at 9z00 A.M., &~ Crystal Cit~ Hall to review, in detail a model Master Tower Regulatory Ordinance. We in=end to walk ~hrough the ordinance in detail and answer questions and take suggestions and comments to improve the model. Brooklyn Center · Brooklyn Park · Crystal · Golden Valley · Maple Grove · New Hope · Osseo · Plymouth · Robbin~daie We will then redraft the ordinance and distribute it to representatives of the industry for their comments and suggestions and then try to hammer out language which is acceptable to everyone, to the extent possible. I want to emphasize that your city's par~icipation in this process is voluntary and your par~icipation will not prevent you from changing the language or tailoring thelanguage to suit your city if you so desire. City managers, city engineers, city planners, and city attorneys who are inolved wi~h ~hese issues should attend this meeting. You may want to select one or two people to represent your city. I also encourage your comments and suggestions regarding this process. Please phone me at 533-8196 wi~/l your advice. Sincerely, Gr~c~ ~loore, Executive Director No~west Suburbe Cable Com~unicatione Commission TBT.uCOMMUNIO. ATZONS TOWBIt~AND PUBLZO RIGHTS-OF-FAY WBDNBSD&~ OOI~BBR 23~ 1996~ 9z00 WHO SHOULD ATTEND: Those who attended the city managers; city engineers; cityplanners; city attorneys. first meeting on September 19; FREDRIKSON & BYRON, EA. FREDRIKSON & BYRON PRESENTATION NORTHWEST SUBURBS CABLE COMMISSION MEMBER CITIES SEPTEMBER 19, 1996 TELECOMMUNICATIONS PLANNING Adrian E. Herbst, Esq. Fredrikson & Byron, P.A. 1100 International Centre 900 Second Avenue South Mirmeapolis,, Minnesota 55402 (612) 34%7053 FREDRIKSON & BYRON, P.A. IMPACT OF THE 1996 TELECOMMUNICATIONS ACT KEY PROVISIONS FOUR AREAS OF REGULATORY AIYlTIORITY FOR CITIES CABLE TELEVISION TELECOMMUNICATIONS PROVIDERS AND/OR OPEN VIDEO SERVICES ZONING CONTROLS UTILITY REGULATION OTHER IMPORTANT PROVISIONS -.. 'UNIVERS~ SERVICE - OPEN ACCESS AND INTERCONNECTION -- FCC OVERSIGHTS -- STATE OVERSIGHT 577699- Page 1 FREDRIKSON & BYRON, RA. TELECOMMUNICATIONS PLANNING WHAT IS IT? REGULATORY DEVELOPMENT · COMMUNITY NEEDS ASSESSMENT 57?699 - Pa~e 2 FREDRIKSON & BYRON, P.A. ,4.ttorn~. $ A~ REGULATORY DEVELOP NT WIRED COMMUNICATIONS -- USE OF PUBLIC RIGHT-OF-WAY WI~F~LESS COMMUNICATION SERVICES--- PHYSICAL LOCATION OF FACILITIES WITItlN THE CITY ON EITHER PUBLIC OR PRIVATE PROPERTY 577699 - Page 3 FREDRIKSON & BYRON. PA. A~ot~eTs ,Ac [.~w WI~D COMMUNICATIONS REGULATORY STRUCTURE WHAT IS A TELECOMMUNICATIONS ORDINANCE WHEN SHOULD THE CITY ADOPT A TELECOMMUNICATIONS ORDINANCE 577699 - Page 4 FREDRIKSON & BYRON, P.A. Attorn~s A~ ~ A TELECOMMI~ICATIONS ORDINANCE WILL INCLUDE AT LEAST THE FOLLOWING: A REQUIREMENT FOR A PERMIT, LICENSE OR FRANCHISE ISSUED BY CITY · TERM PROCEDURES FOR REVIEW AND APPROVAL · AN APPLICATION FORM · PHYSICAL STANDARDS PROTECTION OF PROPERTY, INCLUDING RIGHT-OF-WAY REDUCE INTERFERENCE WITH OTHERS SAFETY AND QUALITY CONSIDERATIONS CAPACITY THAT MEETS COMMUNITY NEEDS 577699 - Page FREDRIKSON & BYRON, P.A. A~ome~s A~ t~ APPROVAL STANDARDS CONSTRUCTION STANDARDS FEE STRUCTURE WHICH MAY INCL~E AT LEAST --APPLICATION REVIEW --COST FOR IMPACT TO RIGHT-OF-WAY' REASONABLE CHARGE FOR USE OF RIGHT-OF-WAY (REASONABLE, COMPETITIVELY NEUTRAL, NON-DISCRIMINATORY) ENFORCEMENT INSURANCE AND PERFORMANCE SECURITY 577699 - Page 6 FREDRIKSON & BYRON, RA. WIRELESS COMMUNICATIONS SERVICES LOCATION AND PLACEMENT OF ANTENNAS AND TOWERS WHAT ARE THE PRIORITIES OF THE CITY, I.E., RE~~, CO-LOCATION, AESTHETIC CONSIDERATIONS 577699 - Page 7 FREDRIKSON & BYRON. EA. AtropOs Ac La~ A REGULATORY STRUCTURE MAY INCLUDE: ZONING ORDINANCE A LICENSING ORDIN~CE 57'7699 - Page 8 FREDRIKSON & BYRON. RA. WHAT MAY BE INCLUDED IN A TOWER REGULATORY ORDINANCE: · APPLICATION AND REVIEW PROCEDURES ® PERMITYED AREAS OF USE REQUIREMENTS FOR PRIORITY LOCATION ON PUBLIC PROPERTIES AND FACILITIES CO:LOCATION STRUCTURAL REQUIREMENTS 577699 - Page 9 FREDRIKSON & BYRON, PA. DESIGN CONSIDERATIONS, INCLUDING CAMOUFLAGING, LOCATION ON EXISTING FACILITIES, AND OTHER STANDARDS RELATING TO PROTECTION AGAINST PROLIFERATION SETBACK REQUIREMENTS · SEPARATION OR BUFFER REQU~~~S CERTAIN AESTHETIC CONSIDERATIONS, INCLUDING LANDSCAPING AND MAINTENANCE $77699- Page 10 FREDRIKSON & BYRON. P.A. LICENSING REQUIREMENT WILL A LICENSE BE REQUIRED? WHY? · APPLICATION FOR A LICENSE · REVIEW PROCEDURES ANNUAL INSPECTIONS AND ENGINEERING SAFETY OR STRUCTURAI~. SAFETY FILING ANNUAL LICENSE RENEWAL FEE REVOCATION AND ENFORCEMENT ABANDONMENT OR DISCONTINUANCE OF USE REQUIREMENTS 577699- Page 11 FREDRIKSON &:. BYRON, P.A. CONCLUSION TELECOMMUNICATIONS PLANNING REQUIRES: EVALUATION OF EXISTING REGULATIONS AND COMMUNITY STANDARDS AND NEEDS CONSIDERATION OF STATE LAW AND OTHER LOCAL LAW REQUIREMENTS THAT MAY : AFFECT THE AUTHORITY OF THE CITY PRIORITY coNSIDERATIONS AND NEEDS OF THE CITY SPECIAL CONDITIONS WHICH MAY REQ~ APPROVAL OR WAIVER FROM THE FEDERAL COMMUNICA~ONS COMMISSION, I.E., HISTORIC DISTRICT WAIVER OTHER FACTORS UNIQUE TO THE CITY 577699- Page 12 Memorandum To: From: Date: Subject: Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator February 27, 1997 Miscellaneous Issues Due to the fact that the Planning Commission has not met since the first part of December, this miscellaneous issues memo covers the months of December, January, and February. Issues of importance to the Planning Commission that have occurred over this three month time span are summarized below and staff have only included attachments of pdmary importance. If you have questions or want further information on any of these issues, please contact staff. 1. December 9 Council Meeting - At the December 9 Council meeting, the Council took action on the' following planning/development/housing issues: A. Presentation to Bob Gundershaug: A watch was presented to Bob Gundershaug for his 20 years of service on the Planning Commission. B. Resolution Re-Appointing Vi Underdahl to the Planning Commission for a Three-Year Term: Approved, 3-term expires December 31, 1999. Project #583, Discussion Regarding 1997 Backyard Drainage Projects: Council directed staff to conduct preliminary work and contact affected property owners; see attached Council request and project location map. Ordinance No. 96-25/Planning Case 96-37, An Ordinance Amending the New Hope Zoninp Code by Permitting Two Family Dwellings Within the R-3 and R-4 Zoning Districts: Approved, as recommended by the Planning Commission. Ordinance No. 96-26, An Ordinance Amending the New Hope Code by Extending the Moratorium on Pawn Shops: Adopted ordinance extending the moratorium until June 30, 1997, see enclosed Council request. 2. January 13 Council Meeting - At the January 13 Council meeting, the Council took action on the following planning/development/housing issues: A. Resolution Accepting Easement from Evangelical Lutheran Good Samaritan Society for Ambassador Nursing Home Project: Approved, see attached Council request. Resolution Approving Agreement with CEI Convention Services, Inc. to Provide Booths for the 1997 Northwest Suburban Remodeling Fair: Approved. The Fair will be held on April 5 at the Crystal Community Center. C. Resolution Relating to Redevelopment Plans, Redevelopment Projects and Tax Increment Financing Plans; Calling for a Public Hearing on Amendments Thereto: Approved. Do Ordinance No. 97-031Planning Case 96-04, An Ordinance Amending the New Hope Zonin.q Code by Establishing Pawn Shops as a Permitted Use in the B-4 Zoning District: Tabled until the March 24 Council meeting to allow the Council time to study this issue at a future work session. Ordinance 97-02/Planning Case 96-04, (Continued), An Ordinance Amending Chapter 8 of the New Hope City Code by Establishing Licensing Regulations for Pawnbrokers, Precious Metal and Second Hand Goods Dealers: Tabled until March 24 Council meeting to allow the Council time to study this issue at a future work session. Fo Ordinance No. 97-05, An Ordinance Amending Chapter 14 of the New Hope Code Increasin.q Permit and License Fees: This ordinance change increased the Basic Zoning Fee for the Comprehensive Sign Plan from $40 to $100. Ordinance No. 97-06, An Ordinance Amending Chapter 2 of the New Hope Code to Permit the Appointment of Non-Residents to the Planning, Human Rights, Traffic Control and Safety, Citizens Advisory, and Chemical Health Awareness Commissions: Continued to January 16 work session. Resolution Authorizing Release of Security for Kimball Addition: Tabled until April 28 Council meeting to allow ample time for City Engineer to determine whether the drainage swale is appropriate for the site. January 27 Council Meeting - At the January 27 Council meeting, the Council took action on the following planning/development/housing issues: A. Resolution Adopting Guidelines for Advisory Commissions and Committees: Approved, guidelines are included in this packet as a separate document. B. Project #589, Motion Authorizing Staff to Obtain an Appraisal for Property at 9116 31st Avenue: Approved, see attached Council request. C. Proiect #545, Resolution Approving Change Order No. I for Construction Contract for 6067 West Broadway: Approved. Ordinance No. 97-06, An Ordinance Amending Chapter 2 of the New Hope Code to Permit the Appointment of Non-Residents to the Plannin¢~. Human Rights, Traffic Control and Safety, Citizens Advisory, and Chemical Health Awareness Commissions: Approved, see attached Council request and ordinance. E. Appointment of Adam Kramer to the Planning Commission February 10 CouncillEDA Meetings -At the February 10 CounciFEDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Project #510, Motion Approving Final Pay Request to New Hope Partnership in the Amount of $8,165.16 for New Hope Apartments Rehabilitation Proiect: Approved, see Council request. B. Project #545, Motion Approving Final Pay Request to Equal Access Homes in the Amount of $5,156.28 for Construction of Single Family Home at 6067 West Broadway: Approved. Resolution Authorizinq the Issuance of its ~Multifamily Housing Revenue Bonds (Park Acres Apartments Proiect), Series 1997, in the~ Aa~m_~ate Principal Amount of not to Excee~ $1,650,000; Prescribing the Form of and Authorizinq the Execution of an Indenture of Trust, A Loan Aqreement. Re_~ulatory Agreement and Certain Related Documents; Authorizing th~ Execution and Sale of the Bonds and Directing Delivery Thereof: Approved. Project #584, Discussion Re.qardin.q City Pro;)ertv Acquisition Request by Grac* Management, Inc.: Concept approval granted. Please take time to review the enclosed Council request, as this platting, building expansion, and minor rezoning will be presented to the Commission later this year. Project ~,98, Presentation Regarding Proposed Northwood Lake Storm Water Quality/ Quantity Improvements; Motion to Direct the City Engineer to Prepare a Preliminary Report: Approved Preliminary Report for option 5; conduct public information meeting March 10. You will be hearing a lot about this project this year, and I would recommend that you review the attached information. F. Ordinance No. 97-11, An Ordinance Extendinq the Temporary Prohibition of Transmission and Reception Facilities of Radio Common Carriers: Approved extension until June 30, 1997. Go Resolution Requesting Hennepin County Housing and Redevelopment Authority to Administer Minnesota Housing Finance Agency Home Improvement Loan Programs in the City of New Hope: Approved. Resolution Requesting that the Hennepin County Housing and Redevelopment Authority Include the City of New Hope in their Application for Minnesota City Participation Program (MCPP) Funds to the Minnesota Housing Finnace Agency (MHFA): Approved. 5. February 24 CouncillEDA Meetings - At the February 24 Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: Project #545, Motion Approving Quote Submitted by Wrobleski's Lawn Service in the Amount of $3,202.20 for Landscaping at City-Owned Home at 6067 West Broadway: Approved. Resolution Approving Projected Use of Funds for 1997 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements: Approved, see Council request. C. Resolution Approving 1997 Amendment to Master Modification to Redevelopment Plans and Tax Increment Financing Plans and Making Findings with Respect Thereto: Approved, see Council request. This action allows the expenditure of tax increment funds for potential redevelopment of the Ponderosa and Taco Bell properties on Bass Lake Road. Project #567, Presentation Regarding Proposed 1997 Infrastructures Improvements; Resolution Relating to Preparation of a Concept and Engineering Feasibility Report for Infrastructure: Approved, see Council request and related maps. Entire report available at City Hall. Project #579, Presentation Regrading Proposed 1997 Sidewalk Improvement Project; Motion Accepting Feasibility Report and Authorizing the City Engineer to Prepare Plans and Specifications: Approved, see Council request. Report available for review at City Hall. Project #587, Acceptance of Reports from Springsted and from Essential Decisions, Inc.; Discussion Re.qardin.q Joint City and CareBreak Senior Center Development: Approved, see Council request. Reports available for review at City Hall. G. Discussion Regarding Vacant Property at 9200 49t~ Avenue North and Motion Authorizing Staff to Obtain Appraisal of Property: Approved, see Council request. Codes & Standards Committee - The Committee did not meet in December. The Committee met in January and discussed the cellular tower ordinance and preliminarily discussed ordinances regarding revisions to the sign ordinance and a new ordinance pertaining to delinquent taxes. In February, the Committee met and finalized review of the cellular tower ordinance, continued discussion on the other ordinances, and initiated discussion on the DNR Shoreland Management ordinance. 7. Design & Review Committee - The Committee did not meet in December, January, or February as no. applications for site/building plan approval were received. 8. 4t~ Quarter Reports - Planning, development and housing 4th quarter reports are enclosed for your information. GTS Trainin_q - Enclosed is information on the annual training that Government Training Service provides for Planning Commissioners. Training sessions are being offered in March and April. The City Council is strongly recommending that all new members attend the training, including current Commission members who have not previously attended a training session. Current members who want a refresher course are also encouraged to attend. There are funds in the Planning Budget specifically earmarked for training and the City will pay for your courses. Please contact Pam (531-5110) if you are interested and she will coordinate the registrations and payment. 10. TwinWest State of the City - The annual TwinWest State of the City presentation will be held on Wednesday, March 12, at 7:30 a.m. in the Council Chambers and you are invited to attend if you are interested. A presentation will be made and displays available of recent, current and future development and improvement projects that have taken place or are being proposed for New Hope. 11. Miscellaneous Articles - Also enclosed are several miscellaneous articles from planning publications, which you may want to review if time permits. Attachments: 1997 Backyard Drainage Projects Pawn Shop Moratorium Extension Ambassador Nursing Home Easement 9116 31~ Avenue North Appointment of Non-Residents to Commissions New Hope Apartments Proposed City Property Acquisition by Grace Management Northwood Lake Improvements 1997 Urban Hennepin County CDBG Funds 1997 Amendment to Master Modification to Redevelopment Plans and TIF Plans 1997 Infrastructure Improvements 1997 Sidewalk Improvement Project CareBreak Senior Center Development 9200 49~ Avenue North REQUEST FOR ACTION Originating Department City Manager Kirk McDonald B~. Management Assistant DISCUSSION REGARDING 1997 BACKYARD NO. 583) Approved for Agenda 12-09-96 O ,~eada SecUon ev&lopment & Planning Item No. 8.l DRAINAGE PROJECTS (IMPROVEMENT PROJECT City staff request to present to the Council preliminary recommendations on proposed 1997 backyard drainage projects and seek direction from the Council on this project. Since 1990 the City has investigated drainage problems/issues raised by residents. The City has completed drainage improvements in many backyards as a result of projects completed in 1991, 1993 and 1995. The projects have been funded out of the Storm Water Utility Fund. The City has adopted a policy instructing residents with drainage problems to request in writing that the City investigate their problem to determine if City assistance is available. The City Engineer and staff then review the drainage problem and determine the extent of the problem and its causation. The policy states that ground water seepage into basements or poor grading around a home's foundation do not constitute a backyard drainage problem. Residents are informed that, due to limited funding, the City will rank each improvement based on need compared to other projects, the date requested, and available funding, and that the City Council makes the final determination as to which projects are to be eligible for City assistance. The policy also states that if a backyard drainage improvement is recommended as eligible for City assistance, all affected property ownem must agree to the proposed improvement and grant any necessary easement at no cost to the City. The City Engineer and staff recently met to review drainage concerns that have been identified over the past year or those that have not been resolved from previous years. Based on that review, eight (8) areas have been investigated and the areas have been divided into three (3) separate categories, as described in the attached report from the City Engineer. The categories include: Storm Sewer Recommended " Area 1: 7 properties included in vicinity of 46"' and 45 ½ and Winnetka Avenues. Estimated construction cost = $30,000. MOTION BY TO: RFA-O01 Request for Action-.- Page 2 12-09-96 Area 2: 7 properties included near Little Acre Park. Estimated construction cost = $20,000. Area 3: 5 properties included near 34~ and Gettysburg. Estimated construction cost = $15,000. Survey Investiqation Recommended Area 4: 4 properties included near 40 % and Cavell Avenues. Estimated storm sewer cost (if required) = $20,000. Area 5: properties involved near 35"~ and Hillsboro Avenues. Estimated storm sewer cost (if required) = $20,000. Area 6: 4 properties involved near 40"' and Boone Avenues. Estimated storm sewer cost (if required) = $25,000. City Participation Not Recommended. Area 7: I property involved at 8424 33'" Circle. Drainage problem partially corrected. Area 8,: I property involved at 8701 No~wood Parkway. Property ownem can take steps to correct problem. The City Engineer will further describe these projects at the Council meeting, if the Council is agreeable with the recommendafiona, staff recommends that the Council give authorization for the City Engineer to: 1) Begin plan preparation for Areaa 1-3, and 2) Perform survey work in Areas 4-6 to determine if storm sewer construction is necessary or not. ~ RO_ ~ E C_T_ _L_QC 4, TION AREA 2 .... ~- , · ~ ~ _ - PRO~ECT LOCATI~ I =__ _ _ PROJECT LOCATION ~ ~ COUNCIL ltEQUF, ST FOR ACTION Approved for Agenda ~. ~genda Sec~on uramances & i Resolutions 12-09-96 It~ No. ~ ~o.2 ~tglnattng Department City Manager Kirk McDonald Management Assistant ORDINANCE NO. 96-26: AN ORE AMENDING THE NEW HOPE CODE BY EXTENDING THE MORATORIUM ON PAWN SHOPS Per the direction given by the City Council at the November 25 Council meeting, the City Attorney has prepared the enclosed ordinance extending the moratorium on pawn shops until June 30, 1997. As you are aware, the Planning Commission has completed its initial study on this issue and the recommended zoning and licensing ordinances were presented at the November 25 Council meeting. The Council directed that the moratorium on pawn shops be extended so that the Council will have adequate time to schedule a work session to review the ordinances and consider amendments/revisions to the ordinances pdor to their adoption. This extension will also allow adequate time for the City of Minneapolis to implement the APS tracking system prior to New Hope's adoption of an ordinance. Staff recommend approval of the ordinance extending the moratorium. MOTION BY TO: REQUEST FOR ACTION Or~ln~Ltr~ Depa~L~ent City Manager Kirk McDonald Management Assistant Approved for Agenda Rgenda Section Consent 1-13-97 Item l~o. 6.L6 RESOLUTION ACCEPTING EASEMENT FROM EVANGELICAL LUTHERAN SAMARITAN SOCIETY FOR AMBASSADOR NURSING HOME PROJECT GOOD In June 1996, the City Council approved a conditional use permit amendment to allow a building expansion at Ambassador Good Samaritan Nursing Home located at 8100 27~ Avenue North. Part of that expansion project included a new water main/loop connection between Virginia Avenue, the Nursing Home, and Midland Shopping Center. In August, the City received a request from the Nursing Home to share in the cost of the water main extension. The City Engineer and Public Works Director indicated that the connection would provide benefits .to the City, including improved water quality/circulation in that area of the City and an alternate water source in the event of a water main break. In September, the City Council agreed to participate in 50 percent of the cost up to a maximum of $3,800, subject to the proper easements being provided from both Ambassador Nursing Home and Midland Shopping Center. The City has received an executed utility easement from Evangelical Lutheran Good Samaritan Society, the owners of the Ambassador Good Samaritan Center. The 20-foot wide permanent easement is over/under the water main constructed on that part of the property. The enclosed resolution has been prepared by the City Attorney accepting the easement. An additional easement for the water main is needed from Midland Shopping Center and staff is discussing the details of the easement with the Shopping Center, and it will be presented to the Council for acceptance at a future meeting. Staff recommends approval of the resolution. MOTION BY RFA-00! COUNCIL RF., UEST FOR ACTION Approved for Acenda Ace=da Section Consent -~ 1-27-97 [t~ No. OriginattngDepartme~t CiW'Manager Kirk McDonald Management Assistant MOTION AUTHORIZING STAFF TO OBT,~IN AN APPRAISAL AVENUE NORTH (IMPROVEMENT PROJECT NO. 589) FOR PROPERTY AT 9116 31sT City staff have'been contacted by a representative of the owner of the single family home at 9116 31" Avenue and they have informed staff that they desire to sell the property and have inquired as to whether the City has an interest in purchasing the property. The owner of the property is a widow andI she currently resides on the property. The home is located near the intersection of 31" and Hillsboro Avenues and is located north of J.C. Park. The home was constructed in 1967. The General Inspector has indicated that this is a problem property and many items may need to be repaired or replaced to make the home habitable and bdng it into code compliance. Major items listed on a 1989 Housing Condition Repo~ include severe water problems .in the basement resulting in rotted framework and stairway, new drain file system recommended, garage slab replacement necessary and substantial extedor reheb work needed, including a new roof (other items may need to be repaired after a more up-to-date code compliance inspection is completed). The City Engineer also has confirmed that there are drainage problems on the property. The home has a full in-ground basement and a backfall from the street curb to the home and little elevation/grade on the property have contributed to the water problems. When J.C. Park floods, this is the first home impacted. The adjacent residential properties to the north and west also drain onto thia property. As a result of these conditions, staff sent a letter to the owner stating that the City may be interested in purchasing the house for rehabilitation or demolition/new construction purpose~ on a voluntary basis and that an appraisal on the site needs to be completed to determine the value of the property. Once the appraisal is completed, the Council would need to determine if the City is interested in purchasing the property. No relocation benefits would be necessary because thla would be a scattered site purchaee, no tananta live at the site and the owner has agreed to execute a waiver of relocation benefits. MOTION BY TO: RFA-O01 Request for Action Page 2 1-27-97 The lot is approximately 16,000 square feet and the house contains about 1,120 square feet, excluding the attached garage. The assessed value of the property is $84,000 ($24,000 land, $60,000 building). If the City determines to acquire the property, the following funds could be utilized: CDBG acquisition/ scattered site housing funds, MHFA grant funds received in 1994, Metro Council loan funds received in 1996, EDA and TIF funds and potentially CHDO HOME funds. Staff is requesting authorization to obtain an appraisal on the property for comparison and negotiation purposes. The estimated cost of a single family residential appraisal from BCL Appraisals is $350 and would be paid for with EDA funds. Staff recommends approval of a motion authorizing staff to obtain an appraisal of 9116 31" Avenue North. Once the appraisal is completed, the information will be presented to the Council to determine if any further action should be taken. SONNESYN : ELEMENTARY ' s4*rt4 ~,vc ~1. SCHOOL · 0 VALLEY PARK · · -' ~"~: i · WATER . ~ SUNN' HOLLO -- ~ SCHOC 8~ PAF ~ ' kllll, Z?THIAv[~ I N illlllle/l/lilll ' i , I · COUNCIL RF~UF~T FOR ACTION Originattng Department Appwved for Agenda Agenda Section Ordinances & Manager Resolutions 1-27-97 Dan Donahue ~'~ Item 1~o. ~./~/ · ~o.~ ORDINANCE NO. 97-06, AN ORDJI~/ANCE AMENDING CHAPTER 2 OF THE NEW HOPE .CODE TO PERMIT THE APPOINTMENT OF NON-RESIDENTS TO THE PLANNING, HUMAN RIGHTS, TRAFFIC CONTROL AND SAFETY, CITIZENS ADVISORY AND CHEMICAL HEALTH AWARENESS COMMISSIONS This item was considered at the Council Meeting of January 13th and at the Council Work Session of January 16th. The Crystal/New Hope Business Council recommends repealing the residency requirement from various city commissions. This would allow the local business community to become more involved with local government. The appointment process will allow the City Council to regulate the number or percentage of residents va. non-residents serving on commissions. This proposed ordinance amendment would permit New Hope property owners, business owners, or employees of area businesses to serve as commission members. Staff recommends adoption of the ordinance. MOTION BY TO: SECOND BY RFA-O01 ToH4r. KLrk 14c0onzLd 6L2-S4g--1237 Page 3/4 Decerrd:~ 10, 1996 Dan Do~hue Cily of New Hope 4401 Xylon Avenue North New Hq:e, MN 55428 The Cry~al/New Hope Business Coundl w~uld like to help strengthen the relation~ip between the Cily'of New Hq~e and the k:cal business cem'nunity. One way the busi~ council suggests doing that is by cg)aning the communication lines between the two groups. In adcJtiofl to that, increasing participation of the bum~ c=mmurdty within city boen~ and cofrmissions will help to strengthen the relationship. The business council presents the city with a viable plan to The current New Hq=e Cily Ordinances restrict non residents from participating with Boards and Commissions within the City of New Hope. The Crystat/New Hc~e Business Coun~l suggests the City of New Hope examine those onfemncee. The ~ ccx'rmunity needs to be involved Currently the City c~ New Hc~pe has four C~fTa'nissions which do not allow non residents to participate. Those four are: the Planning Ccm~/sskxt, Citizen Ac~ CcxTmiSsion, Human Rights C~mmission, and the Persmvtel Board. (See attached c:q:y of the current orcrrmnces). The City of New Hope often makes requests for increased padic~ion on cmmmissions. The business council suggests that opening ~ of these ccxrmismom to anyone woddr~ cx living within the city Iknita would increase particle. The City of New Hope will resewe the right to al~nt positions, maintaining the ability to screen cancidates, and select the best incividuaJ The City of New Hq=e can expect SUl:q:xxt from the Crystal/New Hq=e Buai __ru~__ Council as it examines these orc:rmarx:es. Should there be a need for further explanation of the Business Council's I:x'opoed, please ccmtact Gar/L'Herault at 425.9575, or Cynthia Sweet at the TwinWest Charr, b~ ~ ~, 540.0234. Thank you f=r your tk~e and considerate. Gan/L'Herault New Hope Business Council Chair January 9, 1997 Valerie Leone City Clerk City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Proposed Ordinance No. 97-6 Amending Chapter 2 Permitting Non-Resident Commission Members Our File No: 99.49706 Dear Valerte: Please find enclosed a proposed'Ordinance Amending Chapter 2 of the New Hope City Code Permitting Non-Residents to Serve as Commission Members for consideration at the, January 13, 1997 CounCil meeting. This Ordinance was prepared in response to the City Manager's request for removal of the residency requirement relating to Commission membership. The proposed Ordinance affects the following Commissions: 1. Planning; 2. .Human Rights; 3. Traffic Control and Safety; 4. Citizens Advisory; and 5. Chemical Health Awareness. These are the only Commissions established by ordinance within the City except for the New Hope Economic Development Authority, the New Hope Houaing and Redevelopment Authority, the New Hope Zoning Board of Adjustment and Appeals and the Psrsonne; Board. The legislation establishing membership of the Personnel Board does not impose a residency requirement. The other three Boards are composed of City Council members. Further, a review of our City Code indicates the City Council may also create ad-hoc advisory committees and commissions for a ~imited duration without complying with a membership residency requirement. Valerie Leone January 9, 1997 Page 2 If you have any other questions or comments regarding this ordinance, please do not hesitate to contact me, Very truly yours, Steven A. $ondra11 slt2 Enclosure cc: Daniel J. Oonahue, Ctty Manager (w/enc) Kirk McDonald, Management Asst. (w/eric) ORDZNANCE NO. 97-06 AN ORDINANCE AMENDING CHAPTER 2 OF THE NEW HOPE CODE TO PERMIT THE APPOINTMENT OF NON-RESIDENTS TO THE PLANNING, HUMAN RIGHTS, TRAFFIC CONTROL AND SAFETY, CITIZENS ADVISORY AND CHEMICAL HEALTH AWARENESS COI~4ISSIONS The City Council of the City of New Hope ordains: Section 1. Section 2.13 "Planning Commission" of the New Hope City Code is hereby amended by repealing in its entirety subsection 2.132(4) "Residency Requirement". SeCtion 2. Section 2.25 "Human Rights Commission" of the New Hope City Code is hereby amended by repealing in its entirety subsection 2.257(c)"Residence" and renumbering subsection 2.257(d) "Rf~" as subsection 2.257(c). Section 3. Section 2.28 "Traffic Control and Safety Commission" of the New Hope City Code is hereby amended by repealing in its entirety subsection 2.284(1)(c) "~_~_~L~", by renumbering subsections 2.284(1)(d) "~.g~.~", (1)(e) "Re_~jL_~__~[~" and (1)(f) '~Failure to Serve" to subsections 2.284 (1)(c), (1)(d) and (1)(e) respectively, and amending subsection 2.282(1) "Number" to read as follows: (1) Number. The Commission shall consist of seven members which shall include a representative designated annually from the Planning Commission, the City Manager or his 'designate, the Director of Police or his designate, the Director of Public Works or his designate, and three ~ persons to be appointed by the Council. Section 4. Section 2.35 "New Hope Citizen Advisory Commission" of the New Hope City Code is hereby amended by repealing in its entirety subsection 2.355(1)(c) "Residence" by renumbering subsections 2.355(1)(d) "Resignation" and (1)(e) "Absence" to subsections 2.355(1)(c) and (1)(d) respectively, and amending subsection 2.353 "Terms of Office~ Membership Composition" to read as follows: 2.353 Terms of Office, Membership and Composition. The Commission she1; consist of not ;ess than five and not more than fifteen members, 7~c.~~---- ...... v~ appointed by a majority of the Council, who shall serve without compensation at the pleasure of the Council. The terms of office shall be from January 1 to December 31, of each year, or until each individual successor has been appointed. The chairperson of the Commission shall be appointed by the City Council. The Commission, at its initial meeting, and each year thereafter, shall choose a vice chairperson, and a secretary. A quorum shall consist of a majority of the members then constituting the Commission. The chairperson shall preside at all meetings held during that year. The secretary shall regularly keep the minutes .of each meeting of the Commission and shall also be responsible for forwarding a copy of such minutes promptly to the City Clerk. Section 5. Section 2.40 "New Hope Chemical Health Awarenes~ CommissiOn'' of the New Hope City Code is hereby amended by repealing in its entirety subsection 2.405(1)(c) "Residence" by renumbering subsections 2.405(1)(d) "~", (1)(e) "Failure to Serve" and (1)(f) "Violation of Bylaws" to subsections 2.405(1)(c), (1)(d) and (1)(e) respectively, and amending subsection 2.403 '"Membershio" to read as follows: 2.403 Membership. The New Hope Chemical Health Awareness Commission shall be composed of from 5 to 15 members to be appointed by a majority of the Council ;~,d ;~;.;1 b; ....... ~ -- --'~-' ..... · ~-.. ~-'~.. -4 ,,.-.~ :%,. Each a~pointee she33 serve a two-year term, except for seven members of the first a~olntees who shal~ be a~ointed for terms ex~tring on Decembe~ 31, 1983. The other eight sha3~ be a~ointed fo~ terms expiring on December 31, 1984, in order to ~rovide for staggered terms. Each membe~ sha33 serve untt~ his successor is du3y a~ointed. Section 8. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1997. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk Published in the New Hope-Golden Valley Sun-Post the , 1997.) day of 2 COUNCff., REQUEST FOR ACTION Originating Depaziment [ Approved for Agenda Agenda Section ! City Manager [ Consent Kirk McDona,d ! )_~ 2-10-97 ' ----~"em N'o. By:. Management Assistant ~ 6.9 MOTION APPROVING FINAL PAY REQUE/ST TO NEW HOPE PARTNERSHIP IN THE AMOUNT OF $8,165.16 FOR NEW HOPE APARTMENTS REHABILITATION PROJECT (IMPROVEMENT PROJECT NO. 510) This is the final pay request for the New Hope Apartments Rehabilitation Project (Improvement Project No. 510). The final pay request is in the amount of $8,165.16. In 1994 the City Council approved a multi-family housing loan to New Hope Apartments for rehabilitation purposes. New Hope Apartments is a four-building, 48-unit apartment complex located at 7200 - 7260 43~ Avenue North. The odginal total project cost for the rehabilitation was $194,700.00 and the property owners provided 50% of the project cost and the remaining 50% was funded with an EDA loan in the amount of $97,350.00. The property owners later came back to the EDA and requested that the project cost be increased by $40,000.00, with the EDA loan being increased by $20,000.00, due to unanticipated additional costs including replacing the fire alarm system. The EDA agreed to provide the additional funds, thus the total project cost increased to $234,700.00, with the EDA loan amount being 50% of that amount or $117,350.00. The City advanced the loan funds only after the items of work had been completed, confirmed and inspected by the City, and after the property owner paid their half to the contractor. The loan will be repaid now that the project is completed. The General Inspector has confirmed that all items included in the final pay request have been completed. Staff recommends approval of a motion approving the final payment to New Hope Partnership in the amount of $8,165.16 for the New Hope Apartments Rehabilitation Project (Improvement Project No. 510). MOTION BY TO: October 31, 1996 Mr. Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: FINAL SUBMISSION FOR NEW HOPE REHAB Dear Kirk: I think we are at the end of our New Hope rehab. I want to thank you, the Mayor and City Council for making this loan possible to us. I am absolutely convinced it was a win, win for both sides. Our building is operating well and I am certain we have better residents than we could have had before the loan. In any case I am submitting invoices totaling $16,330.31 that have been paid by the partnership. I am also submitting an invoice from Bituminous Roadways in the amount of $7,231.00. This invoice has not been paid by the partnership. I propose the balance in the rehab account be paid as outlined in Exhibit A. I will call your office to setup a time to meet with you and review final settlement. Thanks again. David P. Stewart - for New Hope Partnership COUNC~ ~ REQUEST FOR ACTION Originating Department City Manager Kirk McDonald Management Assistant DISCUSSION REGARDING CITY P,t~'OPERTY ACQUISITION MANAGEMENT, INC. (IMPROVEMENT PROJECT NO. 584) Approved for Agenda _ NZeada Sectton uevelopment & Planning 2-10-97 Item No. REQUEST BY GRACE Last fall the City received correspondence from Grace Management, Inc., who owns property and operates a business at 3701 Winnetka Avenue North, inquiring about the possibility of acquiring additional land at .the rear (west) of their property for building expansion purposes. The property west of the site is zoned R-O, Residential Office, is owned by the City and is associated with Northwood Park. Grace Management stated that they could not accommodate any additional employees in their current space and they anticipate the need to add additional employees in the near future. They indicated that they would like the ability to nearly double the size of the existing space, and in order to expand, they would like to acquire additional land. They stated that they would need additional parking spaces to accommodate the building expansion and that they would be interested in acquiring an area of approximately 60' x 60' (3.600 square feet) at the northwest comer of the existing property (subject to survey) to accommodate parking and potential setback requirements. This request was referred to the City Attomey for review pdor to the November 25 Council meeting. The City Attomey stated that his opinion was that the City could sell this property to Grace Management for fair market value, based on an appraisal, after a determination by the City Council that said the property is not needed for any public purpose, and specifically any park purpose, and that said sale would be in furtherance of the interest and public purpose of the City. If an agreement was reached, he recommended that any conveyance to Grace Management be done by quit claim deed only without any general warranties regarding the use of the property. The City owns the property in fee simple without restriction aa to its use. The property was obtained by warranty deed in 1965. Since the property is so closely connected with Northwood Park, an argument could be made that it is dedicated park property. The City Attomey further stated that the property has never been officially dedicated by the City as park property. The deed does not place any restrictions on the use of the property for park purposes and a review of the New Hope Comprehensive Plan indicates the City did not designate thie area as park property. (A copy of the park and open space system map is attached indicating that Northwood Park does not extend down to the subject property.) The City Council considered these facts and directed staff to continue to work with the property owner. MOTION BY TO: RFA-O01 Request for Action Page 2 2-10-97 Subsequent to November 25, City staff, the City Engineer and City Attorney met with Grace Management to further discuss this request. An appraisal of the property proposed to be acquired was completed by BCL Appraisals (attached) and Grace Management agreed to reimburse the City for the appraisal costs. The appraisal indicates that the fair market value of the property (approximately 6,720 square feet) is $2,550.00, based on the potential R-O zoning, the problematical topography, and the lack of access. Grace Management has preliminarily agreed to pay the appraised amount for the property. Staff also discussed obtaining a bluff easement from Grace Management to protect the tree, covered bluff on the south side of their property. Pending discussion and direction from the Council, staff is recommending the sale of the subject property to Grace Management to retain their current business and assist with the expansion of the business, subject to the following conditions: 1. Payment of appraised value ($2,550.00) 2. City receives a "bluff conservation" easement 3. The conveyance be made by quit claim deed without any warranties 4. Said conveyance is conditioned upon completion of the building expansion, and 5. The property is platted and rezoned to incorporate the City property being acquired by Grace Management. If the Council is agreeable to these conditions, staff would recommend that the Council not conduct a public hearing for the sale of the property or have a closing on the property.until this spring when Grace Management actually commits to the proposed building expansion. STEVEN A. $ONDRALL MICHAEL R. I=AFLEUR Co~cK & SOh-DP~., P.A. ATTORNEYS AT [.AW Edinburgh Executive O~c~ Plea 8525 Edtnbrook Crossm~ Suite ~203 Br~kl~ P~k. M~n~sota 55443 ~PHONE (612) 42~71 February 4, 1997 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Grace Management/City Property Acquisition Request Our File No: 99.11182 Dear Kirk: This letter will confirm our recommendation for the proposed sale of City property to Grace Management, [nc. The subject property is approximately 6,720 sq.ft, located adjacent to and immediately west of the Grace Management property at 3701 Winnetka Avenue North. As we pointed out in our November 6, 1996 letter, the City has the authority to sell this property to Grace Management. The sale has a public purpose by permitting the expansion of an existing business, thereby keeping the business within the City. Also, the City is -not using the subject property of the sale for any governmental purpose. There has been an appraisal of the property made by BCL Appraisals. Their report indicates the value of the sale property is $2,550.00. From our meeting, it is my understanding Grace Management willing to pay said amount for the property. Also, the sale should be conditioned upon the following: That the City receive back a "bluff conservation" easement. This easement, however, can be drafted to permit & "California style" building expansion utilizing the air space over the easement. That the conveyance be made by quit claim deed without any warranties. Kirk McDonald February 4,. 1997 Page 2 That the conveyance is conditioned upon completion of the building expansion currently proposed by Grace Management. That the property is platted and rezoned to incorporate the City property being acquired by Grace Management. It is my understanding this matter will' be placed on the February 10, 1997 Council agenda for concept approval. However, we would not hold a public hearing for the sale of the property or have a closing on the property until sometime this spring when Grace Management actually commits to the proposed building expansion. Please contact me if you have any other questions or comments regarding this matter. Very truly yours, Steven A. $ondrall slt2 cc: Daniel J. Donahue, City Manager COUNCil, REQIJEST FOR, ACTION Approved for Agenda Agenda Section 2-10-97 Development & Planninll Item No. Originating Department Public Works Jeannine Clancy PRESENTATION REGARDING PROPOSED NORTHWOOD LAKE STORM SEWER, PONDING, AND PARK IMPROVEMENTS (PROJECT 498); MOTION TO DIRECT THE CITY ENGINEER TO PREPARE A PRELIMINARY REPORT Background In Apdl, 1995, the New Hope City Council authorized proceeding with pdority one projects defined in the City of New Hope Surface Water Management Plan. The projects identified are as follows: · 36th Avenue Project (Project 486) · Northwood Lake Drainage Improvements (Project 498) · CCI/Golf Course Improvements (Project 544) In December, 1995, the City sold $1.2 million in General Obligation Storm Sewer Revenue Bonds for the purpose of funding storm water improvements in the City. In structuring this bond sale, $458,000 was set aside from the total bond sale for the Northwood Lake project. These bonds are paid for through the tax levy established for the Storm Water Utility Fund. In Apdi, 1996, the Citizen Advisory Commission discussed this project for the first time. The neighborhood adjacent to Northwood Park on the east side of Boone was invited to hear the City Engineer's presentation regarding the project. The Commission took public testimony at the meeting and, as a result, recommended that the City Engineer prepare options for the proposed project. In May, 1996~' an open house was held to review the six options for improvements with area residents. Residents who were invited to this meeting included those with property adjacent to Northwood Park on both the east and west sides of Boone Avenue. The open house was MOTION BY TO: SECOND BY RFA-O01 Request for Action Northwood Lake Project 498 2-10-97 Page 2 followed by a formal Citizen Advisory Commission meeting in which the neighborhood heard presentations from the City Manager;, Steve McComas, an expert in water quality; Len Kramer, the engineer for the Bassett Creek Watershed Commission; and the City Engineer, who formally presented six options for implementing the project, the costs, and the positive and negative aspects of each option (see attached). Both wdtten comments and public testimony were taken at this meeting. In June, 1996, as part of the annual park tour, the Commission visited Northwood Park and reviewed the options for the improvements. In August, 1996, the Commission bdefly discussed the role of the Commission in formulating a recommendation to the City Council for the proposed project. During public testimony taken at the May, 1996 meeting, some residents stated that it was their desire to create a task force to study the issue. The Commission concluded that involving the residents would be an element of the process, but that the role of the commission would be to study the proposed project, develop options, and make a recommendation to the City Council. Dudng the months of September, 1996, through January, 1997, the Commission heard expert testimony regarding storm water quality, reviewed written comments from the Department of Natural Resources and the Bassett Creek Watershed Commission regarding the project, reviewed the options for financing the project, and studied options for implementing the project. At the conclusion of their study, the Commission chose Option 5 to present to the neighborhood. The Commission selected this option because it best met the following goals: · To minimize existing flooding, erosion and sedimentation from surface flows. · To protect and enhance wildlife habitat · To preserve and improve water and park facilities · To improve storm water quality (by maximizing the amount of areas available for treatment) · To promote ground water recharge (by creating additional ponding areas) Request for Action Northwood Lake Project 498 2-10-97 Page 3 The Commission presented this option and its associated financing plan in January, 1997 to the neighborhood. The Commission and staff also responded to questions from the audience and took public testimony. At the conclusion of the meeting, the Commission recommended that Option 5 be presented to the City Council to consider. The Commission also recommended that the project be paid for with existing city funds, and that no special assessments be levied against the adjacent property owners, nor against the properties within the Bassett Creek Watershed District. The minutes of the Citizen Advisory Commission proceedings regarding this topic are attached. Flnancina '. Option 5 of the project has an estimated construction cost of $857,000. As recommended by the Commission, the project could be paid for in the following manner:. Fundin.q Source Amount State Aid Storm Sewer Revenue Bonds Community Development Block Grant Funds Bassett Creek Fund Road and Bridge Fund $150,000 $ 79,000 A memorandum from the Public Works Director to the City Manager dated November 18, 1996, provides greater detail for the financing options (see attached). Schedule A proposed milestone schedule for the project is as follows: Council Orders Preliminary Report Engineer Presents Preliminary Report/ Council Conducts Public Information Meeting Council Orders Plans Council Approves Plans Council Awards Contract Construction Begins (After Duk Duk Daze) Substantial Completion February 10, 1997 ~__-"'"March 10, 1997~. March 10, 1997 May 26, 1997 June 23, 1997 July 14, 1997 Fall, 1997 Request for Action Northwood Lake Project 498 2-10-97 Page 4 Recommendation Staff recommends that a preliminary report be prepared by the City Engineer regarding Option 5. In preparing this report, the City Engineer will review the comments of the neighborhood so that concerns regarding the design of park improvements and the ponds can be addressed to the greatest extent possible. Staff also recommends that the City Council conduct a public information meeting with the neighborhood after the preliminary report has been prepared and prior to the development of construction plans. Staff requests that the following motion be made: 'Motion directing the City Engineer to prepare a preliminary report for the Northwood Lake Storm Sewer, Ponding, & Park Improvements (Project 498), and directing staff to notify residents of a public information meeting on March 10, 1997. msword:g~quest~567cnct~t, do~ NORTHWOOD LAKE STORM SEWER, PONDING & PARK IMPROVEMENTS Project No. 498 Discussion: The improvements contemplated in Northwood Park are identified as Options 1-6. Each improvement satisfies certain objectives which are identified to each improvement and discussed below. V = Volume - Storm water flow is improved Q = Quality - Ponding/piping to improve water quality downstream P = Park - Improvements which provide an upgrade to the park Option 1 3' x 7' box culvert with outlet structure ¢} Boone (200 I..F) - V Clean channel east of Boone (1500 LF) - V Total Advantage · Storm water flow ~ Boone improved · Channel cleaned Disadvantage · Water quality requirements (ponding) not met · Routine channel cleaning required $250,000 75,000 $325,O00 Option 2 3' x 7' box culvert with outlet structure ¢~ Boone (200 LF) - V Clean channel east of Boone (1500 LF) - V North storm sewer (600 LF) - Q Low flow storm sewer south (1500 I.F) - Q Treatment basin ir, wetland ,(2 EA) - Q Total Advantage · Storm water flow ~ Boone improved · Channel cleaned; routine maintenance not required · Water quality requirements are considered $250,000 75,000 60,000 120,000 120T000 $625,000 Disadvantage · Higher cost than Option 1 · Bassett Creek Watershecl/DNR may not approve water quality improvements in existing wetland ]414~01mo112 Option 3 3' x 7' box culvert with outlet structure ~ Boone (200 LF) - V Clean channel east of Boone (1500 LF) * V North storm sewer (500 LF) - Q Low flow storm sewer south (1400 LF) - Q Boone storm sewer west (200 LF) - Q Treatment basins (3 EA) - Q Bridges (3 EA) - P Bituminous trails (800 LF) - P Total Advantage · Storm water flow = Boone improved · Channel cleaned: routine maintenance not required · Water quality requirements are satisfied · Bridge improvements (3) comply with ADA(') requirements Disadvantage · Higher cost than Options 1 and 2 · Pond excavation disposed off-site, resulting in higher cost ADA = Amedcen Disability Act $2S0,000 75,000 50,000 112,000 20,000 180,000 180,000 12.000 $a'/9,ooo option 4 3' x 7' box culvert with outlet structure 0 Boone (200 LF) - V Clean/realign channel (1500 LF) - V North storm sewer (300 LF) - Q Low flow storm sewer south (1400 LF) - Q Boone storm sewer west (200 LF) - Q Treatment basins (3 EA) - Q Bridges (3 EA) - P Relocata/regrade softball/soccer field - P Bituminous trails (1800 I..F) - P Total Advantage * Storm water flow ~ Boone improved · Channel cleaned; routine maintenance not required * Water quality requirements are satisfied · Bridge improvements (3) comply with ADA requirements * Pond excavation utilized to regrade softball/soccer field · Drainage for east softball/soccer field improved Disadvantage · Higher cost than Options 1-3 · Softball field relocated closer to adjacent field/residential property · More disruption to part( dudng construction $250,000 75,000 30,000 112,000 20,000 150,000 180,000 60,000 27,000 $904,000 Ootlon 5 3' x 7' box culvert with outlet structure 0 Boone (100 LF) - V Relocate channel/restore stream (1500 LF) - V North storm sewer (300 I.F) - Q Low flow storm sewer south (1400 I.F) - Q Boone storm sewer west (200 LF) - Q Treatment 13asins (3 EA) - Q Bridges (2 EA) - P Relocate/regrade 2 softl3all/soccer fields - P Bituminous trails (4000 LF) - P Total $200,000 75,000 30,000 112,000 20,000 150,000 120,000 $as7,0oo Advantage · Storm water flow ~ Boone improved · Channel relocated to existing location before development, which will improve flow characteristics · Water quality requirements am satisfied · Bddge improvements (2) comply with ADA standards · Pond excavation utilized to regrade two softball/soccer fields · Cost is less than Options 3 and 4 (1 less 13ridge, 100 LF less on 3' x 7' box cuNert) · Drainage for softball/soccer fields improved · Provides more green space Disadvantage · Higher cost'than Options 1 and 2 · Softball field relocated closer to adjacent field/residential property · More disruption to part[ dudng construction Option 6 3' x 7' box cuNert with outlet structure O Boone (100 LF) - V Relocate channel / restore stream (1500 LF) - V North storm sewer (300 LF) - Q Low flow storm sewer south (1400 LF) - Q Boone storm sewer west (200 LF) - Q Treatment basins (3 EA) - Q 8ddges (2 EA) - P Relocate/regrade 2 softball/soccer fields - P Bituminous trails (4000 I..F) - P Total $200,000 75,000 30,000 112,000 20,000 150,000 120,000 90,000 60~000 $857,000 Advantage · Storm water flow ~ Boone improved · Channel relocated to existing location before development, which will improve flow characteristics · Water quality requirements are satisfied · Bddge improvements (2) comply with ADA standards · Pond excavation utilized to regrade two softball/soccer fields · Cost is same as Option 5, less than Options 3 and 4 · Drainage for softball/soccer fields improved Disadvantage · Higher cost than Options 1 and 2 · Softball field relocated closer to residential property · More disruption to park dudng construction · Pond between fields is considered less desirable than Option 5 '~414~oes COUNC~ REQUEST FOR ACTION OrlginaUng Department I Approved for Agenda Agenda Sect/on City Manager [ Public Hearing I 2-24-97 Kirk McDonald I O It=No. By: Management Assistant I By:.///// 7.1 PUBLIC HEARING - RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1997 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 Grant (CDBG) funds. The City has been notified that it will receive $167,862 in 1997 (July 1, 1997, to June 30, 1998) CDBG funds if qualifying programs proposed by the City staff and residents are approved by the City Council and Hennepln County. This amount is a $1,378 decrease from the 1996 funding of $169,240. 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 infrastmc~m 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, le~ paint abatement, and planning activities to address housing and community revitalization need& MOTION BY TO: RFA-O01 Request for Action 2 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 fund public services. Proposals that exceed 20% will be reduced. Once all proposals have been submitted, county staff will determine if the 1997 program has exceeded the HUD required 15% cap on public services. If the 15% cap has been exceeded county-wide, communities budgeting over 15% of their allocation may have to make reductions. The following activities are the program requests proposed by staff:. Prolect Child Day Care Senior Transportation Youth Services Micro Business Housing Rehabilitation Scattered Site Housing Budaet $15,000 12,311 6,261 15,000 30,000 89.290 $167,862 CHILD DAY CARE This is an ongoing joiN-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. 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 F'we-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 $12,000 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 aclivity. Due to the 20% public service funding cap, staff is recommending a funding level of $6,261. (20% of $167,862 = $33,572; $15,000 for Day Care + $12,311 for Senior Transportation + $6,261 for Youth Services = $33,572) MICRO BUSINESS City staff have been discussing participation in a pilot project micro business program with the City of Crystal and the Hennepin County Department of Jobs and Training. Hennepin County has indicated that the cities could fund their portion of the program with CDBG funds. This would be considered a joint-city activity. This action would not authorize City participation in the program;, it would merely allocate the funds if the Council determines in the future that it wants the City to participate in such a program. ~ ~;~uest for Action .~- Page 3 2-24-97 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 headng and adopting the resolution. COUNCIL Approve! for.~enda Agenda Section Public Hearing 2-24-97 Item No. 7.2 Originating Department City Manager Kirk McDonald By:. Management Assistant PUBLIC HEARING - RESOLUTION APPR(~VING 1997 AMENDMENT TO MASTER MODIFICATION TO REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS AND MAKING FINDINGS WITH RESPECT THERETO At the January 13, 1997, Council meeting, the City Council established a public headng date of February 24 for the Council and EDA to consider amendments to redevelopment plans, redevelopment projects and tax increment financing plans regarding the Ponderosa and Taco Bell properties located at 7100 and 7112 Bass Lake Road. Thie is the public hearing to consider the approval of those amendments, which would expand the area subject to the redevelopment plans and projects and authorize expenditures of tax increment from the tax increment financing districts on these two properties. As you are aware, in the past the City. has discussed potential future City involvement in the redevelopment of these properties. Two resolutions are involved in the amendment process. The EDA Resolution Approving 1997 Amendment to Master Modification to Redevelopment Plans and Tax Increment Financing Plane and Requeeting Approval of the City Council should be approved prior to the public hearing before the City Council and before the adoption of the City Council resolution. The EDA is recommending the *Master Modification' to the City Council, therefore, it is appropriate that the EDA act first on its resolution recommending changes to the City Council. After the EDA action, the City Council should conduct the public hearing and, pursuant to the recommendation of the EDA, adopt the City Council Reeolution after the public hearing ~s c[osed Approving 1.9~? Amendment to Master Modification to Redevelopment Plans and Tax Increment Financing Plans and Making Findinga with Respect Thereto. (contd.) MOTION BY TO: SECOND BY RFA-O01 Request for Action Page 2 2-24..~ Since the EDA is requesting City Council approval for these amendments, the City Council meeting should be suspended prior to the public headng on this matter. The EDA meeting should be called to order and the EDA Resolution requesting approval for the amendment by the City Council should be passed before consideration of the amendment at the public headng called before the City Council. The Council meeting can then be reconvened, the public headng can be conducted and closed, and the City Council Resolution approving the amendment should then be passed. The 1997 Amendment expands the area subject to the Redevelopment Plans and authorizes the expenditure of tax increment revenue derived from the Districts to pay public redevelopment costs in the additional area made subject to the Redevelopment Plans' by the 1997 Amendment. The Amendment provides for additional property in the City consisting of the property/buildings located at 7100 and 7112 Bass Lake Road to be eligible for the expenditure of tax increment funds due to blighting factors, age, obsolescence and market conditions. The funds in the amount of $600,000 may be used for acquisition, demolition and/or other site development costs. The resolution states that the amendment serves the original goals and purposes of the City and HRA by developing property in the City and by providing needed facilities which will be of benefit to all residents of the City. Staff recommends approval of the resolution. Ortginatin¢ Department Public Works COUNCIL REQUEST FOR ACTION Appwved for Acenda 2-24-97 Agenda Section Development & Planning Item No. 8.1 Jeannine Clancy 1997 iNFRASTRUCTURES IMPROVEMENTS, PRESENTATION REGARDING RESOLUTION RELATING TO PREPARATION OF A CONCEPT AND ENGINEERING FEASIBILITY REPORT FOR iNFRASTRUCTURE IMPROVEMENT PROJECT 567 In September, 1996, the City Council authorized the City Engineer to develop a concept report for a 1997 Infrastructure Improvement program, and directed staff to conduct neighborhood meetings. Three evening meetings were held, in addition to several other meetings with owners of the apartment complexes and the school district. The City Engineer has completed the Concept Report and will make a presentation to the Council on his findings. Attached is a coPY of the Concept Report. Some of the important aspects of the report include: · Recommendation to proceed with a feasibility repo~.for Area~l_ ~&fo2~. Area :3 as part of · Recommendation to schedule certain maintenance items neeu~u the Public Works annual program planning. , Recommendation to delay Area 4 in order to allow additional time to resolve neighborhood concerns, and to organize the construction activities of the city into areas with close proximity. Recommendation to adjust the city's assessment policy based on the appraisal work · · $ has been pedormed to supp.o, rt ~e prole_ct ,._=__ ..~,, =nd schedule for each area. that ' ' a cost esumate, finan~-~ ~,,,,,,, - · A scope of work, preltmsn ry ........... -*..,~;,,,~ the meetings. · A summary of all the comments receive~ Dy the resluem= ,L~=, ,,.,,, .= nce from Minnegasco requesting that a proposed pipe installation Als ttached is corresponde ....... .~..~,,,~ ,,,i,h rk oro sed for Area 2. ._ 08 ............... ~us.=,- ...... WO _ po project that they would I~ke to implem-m u= ,,,,,, MORON BY Request for Action 1997 Infrastructures Improvements February 24, 1997 Page 2 If Council agrees to proceed with a feasibility report'for Areas 1 and 2, the following proposed schedule is suggested: Order Feasibility Report Present Feasibility Report Conduct Public Hearing/Order Plans & Specifications Approve Plans & Specifications Receive Bids/Award Contract Construction Completion through Wear Course Complete Construction Assessment Headng February 24, 1997 March 10, 1997 Apdl 14, 1997 Apd128, 1997 May 26, 1997 October 17, 1997 June 15, 1998 August 1998 Staff recommends adoption of the resolution. g:ReClUeSt~,~7Fea~ ~QI'H A~ N ¢7'tJ,I A~ # NEW HOPE, MINNESOTA LOOATION i INFRA STRUCTURE IMPROVEMENTS CONCEPT REPORT FEBRUARY 1997 K: X,34X34198X97- ST-01. DWC, I Z \ \ 60TH AVE N LIBERTY PARK / m . ~L >- ~i ' : "'"'/~ / I.'-:, , , ~ 0 i"~.._z\ I I "', ',, ; ~ · ~n..j / \ ? 'lOt I \ / I r",, ,' t \ i i i ...-J ', ; I.J~; ~ ~ " t~°- ~ ', l.-----i~ / \ / _--~, , , \ , i I , I .... ~----- " ~ I -- -~---5,:,:;::'--~----.Z/ / / i I ~.1 r i I T"-'"'--~ "1 V/"'- A, -- '*,. I JLI=I _._ , ! / / I I / i % ~X.."~ t ,~ ----' --'------' .... L I i ! / ~. x_x p~-- ~.~/ ; I-- ~ .... ~._ , I , ..,.-. ,o~/ -../ ....... ,_._..... -~ '.,,, LEGEND "' · ...,, AR EA , BOUND AR Y 1..,,,.,,~.¢~..,,,,, AREA INCLUDED AREA 1 NEW HOPE, MINNESOTA CONCEPT REPORT INFRA STRUCTURE IMPROVEMENTS 34198FO2.DWG FEBRUARY 1997 COMM. 34198 Bonee/roo Roeene Anderlik & Aeeociatee RESEARCH CENTER ROAD EAST NORTH CARE 56TH AVE N ULLAGE GREEN GOLF COURSE HOSTERMAN MIDDLE SCHOOt 54TH AVE N ST. THERESA NURSING HOME ~NNETKA ELEMENTARY SCHOOL LEGEND AREA 2 BOUNDARY o 200 AREA INCLUDED - AREA 2 NEW HOPE, MINNESOTA CONCEPT REPORT INFRA STRUCTURE IMPROVEMENTS 34198FOS.DWG FEBRUARY 1997 COMM. 34198 Bones troo Rosene Anderlik & Aeeociatee COUNCIL REQUEST FOR ACTION Originattng Department Public Works Approved for Agenda 2-24-97 Item No. Jeannine Clancy ~ 8.2 PRESENTATION REGARDING PROPOSED 1997 SIDEWALK IMPROVEMENT PROJECT; MOTION ACCEPTING THE FEASIBILITY REPORT AND AUTHORIZING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS (IMPROVEMENT 579) Ageada Sectton Development & Planning in September, 1996, the City Council authorized the City Engineer to prepare a Feasibility Report for a proposed sidewalk replacement program. The City Engineer has prepared the report and will make a presentation regarding his findings. Attached is a copy of the Feasibility Report. Some of the important aspects of the report include: * Public Works staff and the City Engineer have identified 5,230 lineal feel of sidewalk and 130 pedestrian ramps for reconstruction. Public Works staff has temporarily repaired the sidewalks with asphalt to alleviate tripping hazards. Public Works staff replaces sidewalks in the summer months; however, the amount of work that needs to be done cannot be accomplished entirely in-house. Due to funding limitations, the project will need to be phased. Staff is recommending that the 1997 project include sidewalks on Winnetka and Boone Avenues. Sidewalk reconstruction on these streets can be paid for by New Hope's Municipal State Aid Allocation, and the Community Development Block Grant (CDBG) Program. The CDBG funds can be used only for replacement of existing and construction of new pedestrian ramps to meet requirements set forth by the Americans with Disabilities Act. The 1997.pmpoeed project also includes construction of a sidewalk along the south side of Bass Lake Road east of International Parkway. Public Works has received many requests to install this sidewalk. Consistent with the City's policy, the costs for this work should be :' MOTION BY TO: RFA-O01 Requeet for Action 1997 Sidewalk Improvement Project February 24, 1997 Page 2 assessed to the vacant commercial property owner. Staff recommends that an assessment agreement be presented to the property owner for consideration. If the property owner agrees to the cost, the city will construct the sidewalk as part of the 1997 project. If the property owner does not agree to the assessment agreement, staff will continue to work with the property owner to reach agreement and incorporate this sidewalk into a future project. The project includes some improvements to the Police Entrance at City Hall. The improvements will create a Seating area where sod and landscaping is currently in place. Due to the amount of salt used to keep the sidewalk clear of ice, the plantings in the small landscape area have not been successful in being established. Funding is available for this work in the City Hall Capital Improvement Program. A proposed project schedule is as follows: Present Feasibility Report Approve Plans/Authorize Bidding Award Contract Complete Construction February 24, 1997 April 28, 1997 May 26, 1997 August 15, 1997 Staff requests that the following motion be made: "Motion accepting the feasibility report and authorizing the City Engineer to prepare plans and specifications for the 1997 Sidewalk Improvements Program (Improvement 579).' g:request'~57gF®as COUNCIL x oa Acrxos Originating Depariment Manager Dan Oonahue Approved for Agenda 2-24-97 Agenda Section Development & Plannin: Item No. 8.3 ACCEPTANCE OF REPORTS FROM SPRINGSTED AND FROM ESSENTIAL DECISIONS, INC.; DISCUSSION REGARDING JOINT CiTY AND CAREBREAK SENIOR CENTER DEVELOPMENT (PROJECT NO. 587_L In November, 1996, the City Council authorized two studies related to analyzing a rD osal from CareBreak for a joint CitylCareBreek development on city-owned property P )-P-( ........ '"- ..... ~sal included a building of between 20.25,000 square feet. at ,5,stn ana ~oone. ' '" ~'"'"~'" ·. nior CareBreek would occupy about half of the feclhty and the other half would be a se Various options are being looked et for both development and community center. management of such a facility. Also financing and operating costa are being analyzed. MOTION BY ,. SECOND RFA-O01 ~xecutive $-rnmary Study Objective Section [ The objective of the study is to develop financing and ownership options for a proposed senior center/adult day program facility. The study will include the following: " · Collecting and reviewing financing and ownership data for senior/adult day program facilities; · Analyzing and developing two to three options for financing and ownership of the proposed facility (i.e., public, private, and/or public-private partnership). I i Project Description The project is a ji~int effort to develop a senior adult day and senior resource center by CareBreak and the City of New Hope. Interest in the project as a joint effort is the result I of the increasing number of seniors in the City of New Hope, and the need for CareBteak to move to a new facility because of space and parking limitations at North Ridge.. The proposed facility under discussion is a 25,000 square foot building on a designated site in New Hope. Planning for the facility includes 10,000-12,000 square feet for the Adult Day Program, 3,000-5,000 square feet for lease to other related services, and 8,000-10,000 square feet to house a senior program developed by the City. Estimated cost for the facility is 2.5 million dollarl. The site for the project consists of two parcels of land equaling 4.0 acres valued at $197,400. The larger parcel, located at 5501 Boone Avenue, is 300' x 506' (151,800 square feet) and is appraised at $141,400. The smaller parcel, located at 5425 Boone Avenue, is 300' x 75' (22,500 square feet) and is appraised at $56,000. Soil conditions would require an estimated $150,000 additional to build on the site. The parcels are owned by the City of New Hope Economic Development Authority (EDA) and are currently zoned L-1 Limited Industrial. They would have to be rezoned to R-5 to allow for. housing for seniors and disabled, be issued a conditional use permit,. and undergo a site and building review in order to construct the proposed "senior center" on the site. Funding and ownership of the facility is the pdmary focus of this study, and a number of options are presented for the City's consideration. These options have been.developed within the limitations specified by the City: · No General Fund dollars to be used · No funding anticipated from the school district · N° referendum will be held .. Designated site to be used I ! SPRINGS'FED Page I-1 II II ! II II II ! ! ! ! II ! ! ! ! ! ! Financing and Ownership Options The primary variable to be determined in selecting the most advantageous choice for the City of New Hope to finance and manage the proposed senior facility is ownership. Financing, operations, program management, and leasing are dependent on ownership. Three ownership options - City, CareBreak, or Joint - were assessed fi.om the point of advantages, disadvantages, and financial implications. Exhibit I displays the financial impact of the different options. Option A: City_ (EDA) Primary_ Owe, er City (EDA) builds and operates facility, contracts out for senior program, leases space to CareBreak for Adult Day Program. Optics Al: Project funded with Tax Increment Financing (TIF) c~sh. Option AZ Project funded with tax increment bonds. Ootion B: CareBreak Primary Owner' City (EDA) donates upgraded site to CareBreak, CareBreak builds and operates facility; City contracts with CareBreak to provide and manage senior Program. Option B1: Project funded with'lease revenue bonds. Option B2: Project funded with private financing. Ootion C: Citv (I=DA) and CareBreak J6int Owne~_ City (EDA) upgrades site, CareBreak builds, shared financing 'and ownership. CareBreak operates building, City (EDA) contracts with CareBreak to manage Senior Program. Conclusion Option A1 is the most advantageous financing and ownership option for the City of New Hope. This conclusion is based on the following: · Lowest net cost to the City · City would retain ownership (equity) of the facility Expenditures of TIF cash for this project could generate a portion of the operating revenue for funding the senior program and facility for the City depending on the scope of the services provided. [] 5PRINGS~I:D Page 1-2 City of New Hol~e, Minnesota Recommendation ! t ! ! ! ! 1 Based on the results of this study, it is recommended that the City build, own, and operate the proposed Senior Facility and finance with Tax Increment cash in accordance with Option Al. In the event that the cash available through Tax Increment Financing (TIF) is not sufficient to complete construction of the facility, it is recommended that the City use a combination of Options A1 and A2 to construct the facility or delay construction until such time as the 'I'IF cash availability would cover the entire cost. i I I I ]~ SPRINGSTED Page I-3 I OrlginaUng D~~t ~p~ for ~e~ _ ~da uev~o~ment Ci~' Manager & Planning ~ 2-24-97 Ki~ McDonald ~// [t~ No. ~ Management Assistant ~ i/ 8. DISCUSSION REGARDING VACANT PROPER~ AT 9200 49TM AVENUE NORTH AND MOTION AUTHORIZING STAFF TO OBTAIN APP~ISAL OF PROPER~ ~e vaunt pardi at 9200 49~ Avenue No~h is own~ by Clamn~ Bmndell. ~e 2.8 a~e site is zon~ I-1, Limit~ Industrial, and has never been develop~ due to questionable soil ~ndRions on potions of the pm~. ~e New Ho~ SuEa~ Water Management Plan identifies a ~ion or all of ~e pm~ as a ~tum potential sRe for a water qual~ ~nd to help improve the qual~ of ~e la~e wetland no~h of and adja~nt to ~e sRe. ~e Plan st~es that by d~e~ing ~e trunk sto~ sewem into a ~nd on a potion of this sRe, ~e ~ntamina~ Io~s to the wetland ~uld ~ dmmati~lly ~u~. ~e s~iments would be ~n~n~t~ and ~uld ~ effetely manag~ in the ~ea~e~ ~nd m~er ~an ~ing spread over the large wetland. Over the past several yearn, Ci~ staff have discuss~ the pm~ ~h numerous developem looking for an industrial buildable sRe, and them cu~ntly is a N~ Ho~ busine~ preliminarily interested in the sRe. Staff have indi~t~ th~ ~e Ci~ may ~ intemst~ in a joi~-ven~re, similar to the proje~ on Que~c Avenue ~ ConduCe Containem, Inc. where ~e C~ would ~nsider shadng the cost of the land a~uisRion in ex~ange for a sto~ water ~nding easement on ~e no~ pa~ of the pmpe~ (see a~ach~ sket~ by C~ Engin~r). It was anticipat~ that the ~o~ sale ~uld take place dimply ~n ~e ~ ~er a~ ~e indus~al user, ~h the C~ simply ~n~buting to the land a~uis~on in ex~ange for the ea~ment. To date this has not ~~. ~e pm~ ~ has ~ ~n~ C~ staff and indi~t~ that he is in failing health and has inquir~ if ~e C~ m~ ~ i~emst~ in pur~asing the pm~ di~ from him. ~is has led staff to present the op~ ~ ~ Coundl of the Ci~ ~ing mom aggress~e in ~ssibN a~uidng and controlling the developm~ ~ ~ia pm~ ~ a ~on of R is n~ for sto~ water improvements. Perhaps the Council would ~ns~r having ~e C~ a~uim ~e pm~ and manet ~e ~on not n~ded for sto~ water impmveme~ to an indus~ai user. M~ON ~ S~O~ ~ ~A~ I Request for Action Page 2 2-24-97 If the Council has an interest in potential acquisition of this site, staff recommends that the Council authorize an appraisal of the property by BCL Appraisals. Estimated cost of the appraisal is $800 - $1,000 and would be funded with EDA funds. Once the appraisal was completed, the City could discuss the potential sale of the property with Mr. Brandell. PLANNING AND DEVELOPMENT Fourth Quarter 1996 Report City Council Synopsis During the fourth quarter, several business expansions were continued and work was initiated on potential projects for 1997. St. Therese Nursing Home received approval for their parking lot expansion in October and rezoned all of their parcels to R-5, with the condition that they plat the property within the next six months. Ambassador Nursing Home also substantially completed their building addition and water main/loop connection and staff coordinated the necessary easements. Also, in October the Council approved the vacation of a portion of a drainage and utility easement for Sheridan Sheet Metal to help them clear the property title. In November the City Council approved the expansion of the Bass Lake Road Pet Hospital, with that facility to nearly double in size. Work was initiated on two projects that will probably bring business expansions in 1997. The City received a request from Grace Management at 3701 Winnetka Avenue about potentially acquirihg a piece of City-owned property to accommodate their building expansion. An appraisal is in process and this matter will be further discussed by the Council in 1997. Staff also met with Navarre Corporation several times during the fourth quarter to discuss their plans to double the size of their facility. Several important business programs also continued or were initiated in the fourth quarter. The City continued to participate in the newly created TwinWest New Hope/Crystal Business Council and conducted a site tour of commercial/industrial/housing projects in October. The fall issue of the Business Link newsletter was published in November and highlighted MC TO transit route changes to the Science Industry Park area. The City met with MC TO, MetroLink and Plymouth officials and determined that New Hope Science Industry Park businesses would be invited to participate in the March 1997 Commute West Job Fair to be held in Plymouth. Lastly, New Hope and Crystal met with Hennepin County officials regarding a joint-agency pilot Enterprise Facilitation project to encourage the development of new and expansion of existing businesses. The Planning Commission and staff finished or continued work on a number of Zoning Code amendments. The Codes 8, Standards Committee completed a six-month study of pawn shops and the Planning Commission approved a draft pawn shop ordinance at its November meeting. The ordinance was presented to the City Council and will be studied by the Council the first part of 1997. A couple of minor ordinance revisions were also approved during this quarter, including revisions to shopping center parking requirements and implementation of concrete curbing requirementa. Twinhomss were approved as a permitted use in the R-4 Zoning District. Staff continued work on two major ordinances: DNR Shoreland Management regulations and communication towers and antennas. These two issues will be reviewed by the Codes & Standards Committee starting in January. In addition to the above projects, discussions were conducted regarding the potential development or redevelopment of the following sites: CareBreak, Kmart,..Homeward Bound and the Ponderosa/Taco Bell properties and these sites will receive additional attention in 1997. Lastly, in December the City Council formally recognized Bob Gundershaug for his 20 years of service on the Planning Commission. Commissioner Sharon Cassen was elected to the City Council, so the Planning Commission will be filling a vacancy in early 1997. The fourth quarter of 1996 proved to be very successful in the planning and development areas, with a number of goals and objectives being met. Please refer to the complete report for more details. Kirk McDonald, Management Assistant/ Community Development Coordinator PLANNING AND DEVELOPMENT Fourth Quarter 1996 Report The Planning Commission reviewed the following cases dudng the fourth quarter: October 6 50 November 2 17 December 1 0 Oct. Vadance I 1 Rezoning I 1 SBPR I 1 Ord. 2 2 Comp Plan I 1 Discussion - 1 Pawn Nov. SBPR I 1 CUP Amend I 1 Ord. I 1 Dec. Ord. I 1 TOTALS 11 11 Sign Variance I 5 Ordinance 7 Site Bldg. Plan Review 5 CUP/PUD 1 PUD-concept & final 2 CUP 1 Variance 4 CUP Amendment 2 Rezoning 1 Comp Plan Amendment 1 YEAR TO DATE 24 I 5 TOTAL PLANNING/DEVELOPMENT ISSUES Planning Case 96-34, Rear Yard Variance to Allow Expansion of Porch, 3809 Xylon Avenue -At the October 1 Planning Commission meeting, the Commission approved the request for a 24-foot variance from the rear yard setback requirement to allow expansion of an existing screened porch to a four-season porch. The City Council concurred with this recommendation at its October 14 meeting and approved the request. Ordinance 96-23, Rezoning of St. Therese Property- At the October I Planning Commission meeting, the Commission approved the rezoning of the entire St. Therese property to R-5, Se.nior/Disabled Residential, in conjunction with the site/building plan review request to expand the parking lot. The 0dginal property was zoned R-4 and recent property purchases were zoned R-2. The City Council concurred with the decision of the Planning Commission at its October 14 meeting, and the ordinance was adopted. 3. Planning Case 96-33, Parking Lot Expansion at St. Therase Nursing Home- At the October 1 Planning Commission meeting, the Commission approved the site/building plan for parking lot expansion at St. Therese Nursing Home. At the October 14 City Council meeting, the Council passed a resolution approving the plans subject to several conditions, one of which included platting of all of the parcels into one lot within six months of the approval and providing necessary easements. Ordinance 96.14~Planning Case 96-21, An Ordinance Amending New Hope City Code Section 4.036(4)(h)(xv) Regulating Off-Street Parking by Requiring Perimeter Concrete Curbing Around Off-Street Parking Areas. At the October 1 Planning Commission meeting, the Commission recommended approval of. an ordinance regulating off-street parking by requiring perimeter concrete curbing around off-street parking areas. The ordinance amendment was initiated by the Design & Review Committee and states that all off-street parking areas would be required to construct perimeter concrete curbing around parking areas with the exception of single family, two'family, and townhouse units with direct access to garages. The City Council adopted this ordinance at its October 14 meeting. 5. Ordinance 96.12~Planning Case 96-06, An Ordinance Amending New Hope Code 4.036(10)(z) Regulating Parking Requirements for Shopping Centers- The Codes & Standards Committee of the Planning Commission studied this issue and recommended simplifying parking requirements at shopping centers. The Planning Commission approved the ordinance at its August 6 meeting. The City Council, at its August 12 meeting, determined that changing the required number of parking spaces for smaller shopping centers may create a shortage of parking and referred this issue back to the Planning Commission for further study. City staff, the Planning Consultant and the Codes & Standards Committee re-examined this issue and determined that the recommendation of six spaces per one thousand square feet of building area was adequate. At the October I Planning Commission meeting, the Commission was in agreement that the required number of parking spaces as proposed in the ordinance should be left at six spaces per one thousand square feet of building area. At its October 14 City Council meeting, the Council adopted the ordinance as recommended by the Planning Commission. 6. Planning Case 96-35, Plymouth Comprehensive Plan Amendment- The Planning Commission passed Resolution 96-1 regarding comments on City of Plymouth Comprehensive Plan Amendment at its October 1 meeting. The proposed amendment would change the land use at the southwest quadrant of Highway 169 and 49~ Avenue/Schmidt Lake Road in the Comprehensive Plan from Limited Commercial to Commercial Service to accommodate a convenience gas/grocery, a 6,500 square foot restaurant and an automobile service center. The comments in the resolution pertained to landscaping and traffic issues. The City Council approved the resolution and authorized submittal to the Metropolitan Council and the City of Plymouth at its October 14 meeting. Planning Case 96-39, Vacation of Utility Easement, 4116 Quebec Avenue - At the October 14 City Council meeting, the Council set November 12 as the public hearing date to consider vacation of a 10-foot easement along the northern boundary of the Sheddan Sheet Metal property, due to the fact that a portion of their existing industrial building was built on the easement prior to platting the property. This matter was discussed at the November 12 Council meeting and was continued to the November 25 meeting So the City Engineer could further review the information. At the November 25 City Council meeting, the Council approved a resolution vacating the easement running under the building on the property. Planning Case 96-36, Site/Building Plan Review and CUP Amendment for Vet Clinic Expansion, 8119 Bass Lake Road - At the November 6 Planning Commission meeting, the Commission approved building plans and a conditional use permit amendment for the expansion of the Bass Lake Pet Hospital. The City Council approved the request at its November 12 meeting. 9. Pawn Shop Moratorfum, An Ordinance Amending Chapter 8 of the New Hope City Code by Establishing Ucensing Regulations for Pawnbrokers, Precious Metal and Second Hand Goods Dealers and An Ordinance Amending Zoning Code by Establishing Pawn Shops as a Permitted Use in the B-4 Zoning District- During the first quarter, the Commission approved a motion recommending that the City Council establish a six-month moratorium on pawn shops so that the City could study this issue and establish zoning and licensing regulations regarding this use. The Codes & Standards Committee studied this issue with information provided by the Police Department, City Attorney, Planning Consultant and City staff. During the third quarter, the Council passed a resolution extending the moratorium until March 11, 1997. At the October 1'Planning Commission meeting, the Commission held an informal discussion regarding the zoning and licensing regulations for pawnbrokers, precious metal and second hand goods dealers. The Planning Commission held a formal public hearing at its meeting on November 6 and approved an ordinance establishing licensing regulations for pawnbrokers, precious metal and second hand goods dealers and an ordinance amending the Zoning Code by establishing pawn shops as a permitted use in the B-4 Zoning District. The licensing requirements are tied to the Minneapolis Automated Pawn System (APS) which will not be operational until 1997. At the November 25 City Council meeting, the Council tabled discussion of pawn shops to a future work session and Council directed staff to extend the moratorium ordinance an additional six months. At the December 9 City Council meeting, the Council adopted an ordinance extending the moratorium until June 1997. 10. Victory Park Antenna - At the November 12 City Council meeting, the Council consented to assignment of Victory Park Antenna Site Agreement due to a change in ownership. The odginal agreement stated that if there was a change in ownership of the company that the Council would have to agree. All terms of the agreement remain the same. 11. Ordinance No. 96-24~Planning Case 96.24, Extending Cellular Phone Tower Moratorium -During the second quarter, the Council directed that a study be undertaken to examine the potential need to update regulations pertaining to transmission/reception facilities due to increased market demand and the proliferation of these uses. The Council also implemented a moratorium until December 1 on the establishment, expansion or modification of any such devices. This study was not initiated until September by the North Suburban Cable Commission and would not be completed by December, therefore, at the November 12 City Council meeting, .the Council extended the moratorium until March 11, 1997. 12. Project fl584, Request by Grace Management, Inc. to Acquire Portion of City Property for Building and Parking Lot Expansion - At the November 25 Council meeting, the Council discussed a request by Grace Management, 3701 Winnetka Avenue, to acquire additional property at the rear (west) of their site for building/parking lot expansion purposes. The property west of the site is owned by the City and is associated with Northwood Park. The Council directed staff to cooperate with Grace Management on the request and staff contacted BCL Appraisals for an appraisal on the property. 13. Ordinance No. 96.25~Planning Case 9637, Permitting Two Family Dwellings Within the R-3 and R-4 Zoning Districts - The City received a request to build a two family dwelling in an R-4 Zoning District. Approval was granted by the City and when the petitioners came in to fill out the application for a building permit it was discovered that a two family dwelling did not roll over into the R-4 District. Staff concurred that rather than spot zone one property, it would be desirable to include twinhomes in the Medium Density Zoning District, which would roll over into the R-4 District. The Planning Commission and City Council approved an ordinance amending the New Hope Code by permitting two family dwellings within the R-3 and R-4 Zoning Districts at their respective meetings on December 3 and December 9. 14. Gundershaug Presentation - At the December 9 Council meeting, the Mayor and Council recognized Bob Gundershaug for his contributions through serving on the Planning Commission for 20 years. Gundershaug was presented an engraved watch as a token of the City's appreciation. 15. Planning Commission Appointment- At the December 9 Council meeting, the City Council approved a resolution re-appointing Vi Underdahl to the Planning Commission for a three-year term expiring December 31, 1999. 16. Codes & Standards Committee - Dudng the fourth quarter, the Codes & Standards Committee did not meet as its work on the pawn shop zoning and licensing ordinances was completed and forwarded to the Planning Commission and City Council. The Committee will begin work in January on ordinances regarding communication towers, DNR Shoreland Management regulations and several other minor ordinance revisions. 17. Design & Review Committee - During the fourth quarter, the Design & Review Committee met on the St. Therese Nursing Home parking lot expansion project and the Bass Lake Road Pet Hospital expansion project. 18. Winnetka Commons Advertisement - During the fourth quarter, staff coordinated with Winnetka Commons Shopping Center and the other businesses located at the 36"' & Winnetka Avenues intersection on a "constructions ovef' advertisement. 19. TwinWest New Hope/Crystal Business Council- During the fourth quarter, staff continued coordination with the New Hope/Crystal Business Council, which is being coordinated by TwinWest. 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 will be holding monthly meetings and is comprised of business members from both Crystal and New Hope. On October 16 New Hope staff conducted a site tour for the Business Council of recent or proposed commercial/industrial expansions, new developments and redevelopments. Housing projects were also highlighted. 20. Business Link Newsletter - The Management Assistant, Community Development Specialist and Building Official have been publishing/distributing the New Hope Business LJ'nk newsletter on a quarterly basis for over one year. The fall issue was mailed to all New Hope businesses in November. 21. Science Industry Park Bus Route Changes . During the fourth quarter, staff distributed posters and bus schedules to all Science Industry Park businesses regarding the recent bus route changes by MCTO to better accommodate employee public transportation in that area. 22. Navarre Corporation Expansion - During the fourth quarter, staff continued to coordinate with Navarre Corporation on their proposed 1997 building expansion, rezoning and platting. The City is also coordinating an application to the Department of Trade and' Economic Development for state financial assistance on the project. 23. Lease with Phoenix Manufacturing for City. Owned Property at 7528 42"d Avenue - Earlier in 1996, staff negotiated a revised lease with Phoenix based on new rates through the end of December, and during the fourth quarter, the lease was adjusted to allow the company to remain in the building through January 1997. Once the building is vacated, bids for demolition will be sought. 24. DNR Shoreland Management Regulations - During the fourth quarter, City staff, City Attorney, City Engineer, Planning Consultant, and DNR representatives met on several occasions to develop a draft ordinance implementing the DNR Shoreland Management Regulations. This issue will be considered by the Codes & Standards Committee in January. 25. Communication Towers/Antennas - During the fourth quarter, City staff and consult- ants continued coordination with a committee formed by the North Suburban Cable Commission to develop a model ordinance for communication towers and antennas. This ordinance will be considered by the Codes & Standards Committee in January. coordination on the Ambassador Nursing Home expansion project during the fourth quarter and on secudng the necessary easements for the water main/loop connection. 27. Commute West Job Fair - During the fourth quarter, staff met with MCTO and Plymouth MetroLink representatives regarding a Job Fair to be held in March in the City of Plymouth. New Hope Science Industry Park businesses have been invited to participate in the Fair. 28. Kmart Site - City staff met with the owners of the Kmart property in late November regarding potential redevelopment of the site. 29. Homeward Bound Site - City staff met with Becklund Health Care in December regarding their interest in acquiring the Homeward .Bound facility. 30. Enterprise Facilitation Demonstration Project- In December City staff met 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. 31.Bass Lake Road Commercial Properties . In December staff prepared property profiles on the Ponderosa and Taco Bell properties and coordinated an amendment to the TIF plan, to be considered in 1997, that would allow TIF expenditures on these properties for redevelopment purposes. 32. CareBreak - In December staff provided property and appraisal data to a financial consulting firm who is compiling a financial analysis on the proposed CareBreak development at 5501 Boone Avenue North. 33. Lasky Car. X/Mini-Mall PUD/CUP Proposal for 7180 42nd Avenue- During the first quarter, the Planning Commission and City Council approved a development proposal for property at 7180 42nd Avenue for a PUD, which included a 4,800 square foot Car-X automotive service facility and 2,268 square feet of future retail space. A Development Agreement and performance bond requirements were sent to the developer dudng the second quarter, but an executed agreement and bond have not been received. During the third quarter, the City Council directed staff to work with the developer on a tax increment financing assistance package. During the fourth quarter, staff received notification from Lasky to put a hold on this project since Car-X is no longer interested in this site. - 34. Community Development Specialist Resignation - At the end of December 1996, Sarah Bellefuil, Community Development Specialist, resigned her position *effective the first part of January to accept a position with the Hennepin County Department of Planning & Development. Over the past three years Bellefuil had been actively involved in housing and redevelopment activities, business retention programs, communication issues, and served as editor for the Business Link newsletter. Candidates to fill the position will be sought the first part of 1997. Kirk McDonald Management Assistant/Community Development Coordinator HO USING A ND REDEVEL OI=MEN T A U THOR/TY 1996 Fourth (~uarter Report City Council Synopsis During the fourth quarter, staff continued to coordinate a number of scattered site housing projects. Construction was substantially completed on the new three-bedroom, single family home being built at $067 West Broadway. The City purchased this property in October 1995 from HUD and demolished the old structure on the site in June. Landscaping plans and specifications were approved by the Council in October. The City received four applications to purchase the property before the end of the year. The City intends to complete construction and sell the house during the first quarter of 1997. As part of a future potential redevelopment in the Bass Lake Road area, the City purchased the property at $$30 Sumter Avenue on August 29 on a voluntary basis. The purpose of the acquisition was to demolish the sub-standard home on the site and land bank the property. During the fourth quarter, bids were awarded to complete an asbestos survey, seal the well, disconnect the utilities, and demolish the house. Demolition took place on October 31. The City also acquired a large, single family home at $2f2 Winnetka in need of rehabilitation from HUD during the fourth quarter and closed on the property on October 29. Staff is currently in the process of preparing plans and specifications for the rehab, which will take place dudng the first part of 1997. In October the City also preliminarily pursued the acquisition of an old, large, single family home at ~?$~ Lamphere Drive and completed an appraisal of the property. However, the Council later declined interest in the property due to the appraisal amount and the relocation costs/ requirements. The Council and staff also continued working on several multi-family housing projects/programs during the fourth quarter. In October the Council scheduled a public hearing to consider ~.he issuance of $2.2 million in Multi-Family Housing Revenue Bonds for extensive rehabilitatio;~. at Park Acres Apartments. The public hearing was held and the issuance of bonds approved at the November 12 Council meeting. New Hope Apartments also submitted invoices for the final payment on their rehabilitation project and they are in the process of being reviewed by Inspections. Staff continued to meet with representatives of the Sandpiper Condominiums to try and work out a proposed financial assistance package to accommodate needed repairs at that complex. The City continued to be active in CO-OP Northwest and CHDO activities. In October the Council approved plans and specifications for the Tasks Unlimited Special Needs Housing Project at 3579/3581 Independence Avenue North and approved an amendment to the loan agreement. The City received final plans for remodeling and a building permit application in December. City staff cooperated with the Planner's Group to sponsor two Landlords' Forums in October/November to help educate multi-family building owners/managers about rental housing issues. Lastly, planning for the 5~ annual Northwest Suburban Remodeling Fair got underway during the fourth quarter and registration forms were mailed at the end of December. The Fair will be held on April 5 at the Crystal Community Center and New Hope is again coordinating the collection of revenues and payment of expenses for the Fair. several miscellaneous highlights of the quarter include the City being spotlighted in the September 28 issue of the Star Tribune Housing Profile Section and the receipt of an award from the Minnesota State Council on Disability at the October 28 Council meeting for the City's efforts to construct handicapped accessible homes. Lastly, Sarah Bellefuil, the Community Development Specialist for the last three years, moved on to accept a position with the Hennepin County Department of Planning and Development. Sarah was instrumental in getting several housing projects completed, including new construction and rehabilitation projects. The Community Development Specialist position will be filled during the first quarter of 1997. The fourth quarter of 1996 was very productive in the housing and redevelopment area with a number of goals being accomplished. Please refer to the full report for more details. Respectfully submitte¢i, Sarah Bellefuil I Community Developmbnt Specialist Kirk McDonald Management Assistant/Community Devel. Coord. HOUSING & REDEVELOPMENT AUTHORITY Fourth Quarter 1996 DESCRIP I ION Scattered Site Housing Projects: 6073/6081 Louisiana Avenue 5559 Sumter Avenue ~CTOIEIER NOVEMBER DECEMBER 11/25 Council approves final payment $37,922 CDBG warrant request submitted to Hennepin County for utility extensions $125,000 loan from Metropolitan Council HRA repaid Land banked for future intersection realignment 7621 Bass Lake Road Land banked for future intersection realignment 6067 West Broadway Construction and marketing of home in process 5530 Sumter Avenue 10114 Council approves pains & specs for landscaping and authorizes quotes to be bid in 1997 10114 Council awards contract for asbestos survey 10/14 Council awards contract to seal well/completed 10114 Council awards contract to disconnect sewer and water/completed 10114 Council awards contract to demolish house/completed on 10131 Land banked for potential future redevelopment 4317 Nevada Avenue 10125 City declines interest in property I I 5212 Winnetka Avenue 10129 City closes on property Rehabilitation activities to begin in spdng 1997 10114 Council authorizes staff to purchase property Property sold before City could bid on property 5812 Boone Avenue 2751 Lamphere Drive 9116 31'~Avenue o 10/14 Council authorizes appraisal of property 10/28 Council declines interest in property due to appraisal amount and relocation costs Staff contacted re: City interest in · acquiring property DESCRIPTION OCTOBER 7909 51st Avenue 10/14 Council approves porch addition 10/28 City received award from Minnesota State Council on disability Special Needs Housing 10/14 Council approves plans & specs Tasks Unlimited for rehab of property & amends loan 3579/3581 Independence agreement CareBreak Facility 5501 Boone Avenue Homeward Bound Facility 4741 Zealand Avenue CDBG Single Family Rehab Program MHFA Metropolitan Livable Communities Act CHDO Landlords' Forum Remodeling Fair Multi-Family Housing Financial Assistance New Hope Apartments 7610 Bass Lake Road Sandpiper Condominiums Park Acres Minnesota HOUSing Finance Agency Community Rehab Fund Grant A. pplication NOVEMBER DECEMBEt~ City receives final plans for remodeling and building permit application Coordinated with Springsted on financial analysis Becklund Home Health Care denied City staff met with Becklund to discuss HUD grant financing options 4 homes in process of being rehabed dudng this quarter Applications for 1997 MCPP funds to be sent to cities in early 1997 10/28 Council elects to continue participating in the Local Housing Incentives Account Program for Calendar Year 1997 Board approves 2 proposals for New Hope for a total of $31,500 in 1996 HOME funds 10/28 Landlords' Forum held at Crystal Community Center 10128 Council approves agreement with Events of Distinction 11/12 CHDO bus tour conducted 1116 Landlords' Forum held at Brooklyn Park City hall Planning for Remodeling Fair in process Final invoices submitted for payment No progress - owners not cooperative Met with representatives and explore new legislation which may accommodate City financial assistance 10/14 Council sets public hearing date 11112 Council approves request for $2,2 for issuance of Multi-Family Housing million in bonds Revenue Bonds City staff coordinated with City of Crystal 11126 MHFA notifies City that New Hope to submit two grant applications (Rehab did not get rehab grant and Fix-Up Funds) HOUSING AND REDEVELOPMENT AUTHORITY Fourth Quarter 1996 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 281 New Hol~e and surrounding area Iow income families. This is somewhat higher than the number families that were being served in September. Dudng this same time period in 1995, New Hope was providing assistance to 245 families, so overall the program is serving more families in 1996 as in 1995. The breakdown is as follows: Month Certificates Vouchers Total October 175 96 271 November 181 99 280 December 181 100 281 The number of housing inspections has decreased compared to the same time period in 1995. During the fourth quarter of 1995 a total of 86 inspections were completed. A breakdown of housing unit inspections for the fourth quarter is contained in the following table: Initial Reinspect Total Year To Date Section 8 46 22 68 345 In January 1996, the EDA approved the First 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 51 Section 8 contracts in the cities of Golden Valley, Maple Grove and Edina. Metro HRA will be responsible for all inspections for the additional contracts and the New Hope Housing Representative will handle the administrative component of the contracts. The amendment allowing administration of the additional contracts will provide additional revenues for the program and will help to insure that the program for Iow/moderate income residents is maintained. At the end of November the City was notified that recent changes in legislation 'through HUD's 1997 fiscal year appropriations bill are making no additional funds available for new Section 8 incremental rental assistance. Another change revises the procedures for calculating ongoing administrative fees for rental assistance programs. The end result is a reduction in the amount of fees earned per unit month. Effective January 1, Metro HRA will be implementing a reduction of 5.9% from the current level of $21.65 to a rate of $20.37 per-unit per-month. The per-unit per- month adjustment for portability will be 80% of $20.37, or $16.30 (currently $17.32). These rates will be effective for all Section 8 units under lease in metro-area communities. During the fourth quarter, the Section 8 RepreSentative cOntinued coordinating with Metro HRA on implementing a computer link between the City Hall and Metro HRA offices in St. Paul. Hopefully, this can be accomplished in 1997. 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. Currently there are nine residential households in the process of being assisted, four being rehabilitated and five on the waiting list. At this time, $64,500 is still available from Year 1994, 1995 and 1996 funds. Scattered Site Housing Projects 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: CareBreak Facility - 5501 Boone Avenue North - The proposed CareBreak Facility, operated by Senior Outreach Services, was originally going to be built at the City-owned property located at 5501 Boone Avenue North. But, due to construction costs, CareBreak began looking into purchasing the Homeward Bound site at 4741 Zealand Avenue North and using that building instead. During the first quarter of 1996, CareBreak decided not to buy the Homeward Bound site and is once again considering the site at 5501 Boone Avenue. The City has designated $100,000 in 1995 CDBG funds for a future CareBreak facility. The CDBG funds have been dedicated toward the purchase of the 5501 Boone Avenue site. Homeward Bound Facility - 4741 Zealand Avenue North - During the month of September, staff helped Becklund Home Health Care complete a funding proposal to HUD to purchase and rehabilitate the Homeward Bound Facility. Becklund's proposal included converting the 62-bed facility into a 24-bed facility for the ventilator dependent population. In November, Becklund Home Health Care was notified by HUD that they did not receive a grant to redevelop the Homeward Bound Facility. In December, staff from Becklund Home Health Care met with City staff to discuss other financing options for the redevelopment of the site for the ventilator dependent population. Conversion of 3579/3581 Independence Avenue North for Group Home Facilities - In 1995, the City was awarded $90,000 in HOME funds, through the CHDO, to be used toward a residential style special needs housing facility. The City also committed $90,000 in EDA funds as a zero interest, first mortgage for the project. On September 9, the EDA approved a loan to Tasks Unlimited to purchase 3579/3581 Independence Avenue North. On September 20, Tasks Unlimited closed on the property. At the October 14 EDA meeting, Tasks Unlimited presented a remodeling proposal of the duplex. The proposal included converting one of the double garages into a recreation room for residents. The remodeling will occur in the spring of 1997. 6073/6081 Louisiana Avenue North -- The City sold the 6073 Louisiana Avenue twin home unit to Scott and Michelle Abbott on May 23, 1996. The 6081 Louisiana Avenue North unit was sold to Douglas Langenberger on June 26, 1996. Each unit sold for $95,000. On December 6, the City submitted a CDBG warrant request to Hennepin County for $37,922. The funds were used for utility extensions that occurred at the site. 6067 West Broadway -- The City purchased 6067 W. Broadway from HUD, due to mortgage foreclosure, in October 1995, for $41,400. The site is located in a neighborhood that has previously been designated by the City Council as blighted. Most of the homes adjacent to this property are well kept and in good condition and this particular property is a detriment to the neighborhood. Due to the condition of the house, it was demolished on June 17. Construction of a new house began on the site in September and was substantially completed by December. The new house has three bedrooms, 1% bathrooms, a living room, kitchen, dining room, basement, and two car garage. The building design is similar to other single family homes located in New Hope. At the October 14 Council meeting, the City Council approved plans and specifications for landscaping and authorized staff to obtain quotes. Quotes for the landscaping will be sought in 1997. The City is currently advertising the sale of the house in the City newsletter, SunPost, cable TV, and through direct mailings to New Hope apartment buildings and area churches. The City has received four applications to purchase the house. Marquette Bank is reviewing the applications to determine if any of the applicants are eligible to purchase the property. 5559 Sumter Avenue North - The City Council authorized the purchase of 5559 Sumter on October 9, 1995, for $62,000. The house located on the property was demolished in June. The City is maintaining the property until such time as it is used for future development or the realignment of Sumter Avenue North. 762'/Bas~ Lake Road- The City Council approved the purchase of 7621 Bass Lake Road on October 23, 1995, and closed on the property December 22, 1995. The house was demolished in June. The City is maintaining the property until it is used for future development. 5530 Sumter Avenue North - On June 24 the City Council directed staff to negotiate the purchase of the property at 5530 Sumter. Staff met with the owner in July and agreed to pay $72,000 for the property. The City closed on the property on' August 29. At the October 14 Council meeting, the Council awarded contracts and had the well sealed, cut the sewer and water, disconnected ali utilities, and had an asbestos survey completed at the property. Asbestos was found inside the house and was removed in late October. The house and garage were demolished on October 31, 1996. The City is maintaining the property until it is used for future development. 5212 Winnetka Avenue North - On AugUst 14 th® City received notice from HUD that the property at 5212 Winnetka Avenue was for sale through their Direct and Private Sales program. The sale price was $77,400 and included a $5,000 reduction for a wet basement and an additional 10% reduction for direct sale to the City. The City indicated a preliminary interest in the property on August 25, and the City Council authorized the purchase of 5212 Winnetka on August 26. The City closed on the property on October 29, 1996. The City is maintaining the property and will begin rehabilitation activities in the spring of 1997. 4317 Nevada Avenue North -- In July the owner of 4317 Nevada asked staff if the City would be interested in buying his property. In response, staff sent a letter to the owner stating that the City would be interested in purchasing the property on a voluntary basis. On August 12 the City Council authorized an appraisal. The appraisal, which valued the house at $59,000, was completed on August 22. On August 26 th® City Council authorized staff to negotiate to purchase the property at 4317 Nevada. Staff met with the owner on September 16 and agreed to a purchase price of $59,000. The property owner also stated that he would have to give the tenant a 60-day notice and would still like to work with her to buy the property. On October 25 staff contacted the owner of 4317 Nevada regarding the status of the property. The owner stated that he was still working with the tenant to purchase the property. In response the City sent a letter to the owner stating that the City was no longer interested in pursuing purchase of the property. 2751 Lamphere Drive - On October I the City was contacted by the owner of. 2751 Lamphere Drive regarding whether or not the City was interested in purchasing his property. On October 14 the City Council authorized an appraisal of the property. The property was appraised at $119,000. The City Council reviewed the appraisal at their October 28 meeting. Due to the high appraisal price, the issue of a tenant occupying the property, and the size and configuration of the lot, the City Council decided not to pursue purchase of the site. 91f6 3f" Avenue North - During December staff was contacted by the representative of the owner of 9116 31~ Avenue to inquire if the City had an interest in acquiring the property. Due to the fact that this home has had severe water drainage problems in the past and because it is located near J.C. Park, staff will be pursuing this matter with the owner and the City Council in January. Purchase and Rehabilitation of Single Family Homes - Staff continues to look for housing that is in need of rehabilitation. In addition, staff has developed a list of potential sites for redevelopment and will contact the owners to determine if they are interested in selling their home to the City. The purchase and rehabilitation of the properties will be funded through HOME, CDBG, and EDA funds. In addition, the City has received a Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan in the amount of $120,000. The City will receive the loan in April 1996. The Housing Assistance Loan will be applied toward the purchase and rehabilitation of the homes and paid back at the time of sale. Minnesota Housing Finance Aaencv Grants Minnesota Housing Finance Agency Community Rehabilitation Fund Application - On September 13, the City, in cooperation with the City of Crystal, submitted a MHFA Community Rehabilitation Fund grant application for $240,000. The purpose of the grant is for the purchase, demolition, or rehabilitation and new construction, of four Iow/moderate income single family homes. On November 26, the City received a letter from the MHFA stating that New Hope and Crystal had not received a 1996 Community Rehabilitation Fund .Grant. Minnesota Housing Finance Agency Community Fix-Up Fund - New Hope, in conjunction with the City of Crystal and Park National Bank, have applied for the MHFA Community Fix-Up Fund. The fund will allow middle (maximum income of approximately $61,000) income home owners accessibility to funding to maintain and/or improve the single family housing stock in the two communities. The funding can also be used for "value-added" improvements such as room additions. Park National Bank will maintain the loan program on behalf of New Hope and Crystal. The City will be informed during the first quarter of 1997 if New Hope and Crystal will participate in the Community Fix-Up Fund. Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan - On February 9, 1995, the City submitted two Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan applications. One application was for $125,000 for the construction of a three bedroom handicap accessible twin home to be constructed at 6073 Louisiana Avenue North. The second application was for $120,000 for the purchase and rehabilitation of two homes that would be resold to Iow income families after rehabilitation had been completed. The Housing Assistance Loans are zero interest and must be repaid when the sale of the units are complete. Because the twin home located at 6073/6081 Louisiana Avenue North was completed and sold during the second quarter, the City returned the $125,000 loan back to the Metropolitan Council on December 28, 1996. The second loan for $120,000 will be returned when two rehabilitation projects have been completed. Community Activity Set-Aside (CASA) Program - Beginning on April 1, the CHDO was the designee of $460,000 in mortgage revenue bonds through the MHFA Community Activity Set- Aside (CASA) Program. CASA funds are used to provide first-time home buyer mortgages to Iow and moderate income people that are purchasing homes through the CHDO. Marquette Bank New Hope is the designated lender for the mortgage revenue funds. The interest rate for the funds are 6.90% and are the exclusive use of the CHDO until January 1997, or all the funds have been expended. The City intends to use $85,000 in CASA funds for the sale of 6067 West Broadway. MHFA Minnesota City Participation Program ~ The MCPP is a program through the MHFA 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. In 1996 the MCPP program has been expanded to eight months from six months. The 1996 MCPP program began in April and runs for eight months. During the first six months, participating cities have exclusive use of their individual allotment. During the final two months, the individual allotments go into a statewide pool that is available to all MCPP participating cities. In January 1996, the City applied for the 1996 MCPP program. On April 18 the City received approximately $474,000 in MCPP first-time home buyer funds for 1996. The funds were expended by early June. Applications for the 1997 MCPP funds will be sent to cities in early 1997. 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 for the 1996 year, and passed a resolution in October 1996 agreeing to participate in 1997. CO-OP Northwest 1995 HOME Grant - In 1995 the CHDO hired PPL to act as coordinator for the 1995 HOME grant applications. In April 1995 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 Winnetka 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 will be used for the 6067 West Broadway project and would be added to the $13,500 in 1995 funds. $5,000 in additional funds will go toward a second mortgage and $5,000 toward a grant to the City. Bus Tour - On November 12 the CHDO staff and representatives from the five cities coordinated a bus tour for the CHDO Board and other interested city officials of CHDO housing projects. Projects completed in the past and currently in process were highlighted inn New~*''~ Hope, Crystal, Robbinsdale, and Brooklyn Park. 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: Landlords' Porum - City staff cooperated with other CO-OP Northwest cities to plan and sponsor two Landlords' Forums that were held during the fourth quarter. One Forum was conducted on October 28 at the Crystal Community Center and the other Forum was held on November 6 at the Brooklyn Park City Hall. The purpose of the free Forums was to provide landlords with information regarding their rights and responsibilities related to the operation of their rental properties. Topics covered at the Forum included tenant screening and discrimination laws, leases, unlawful detainers, and crime prevention and safety issues at rental properties. Remodeling Fair- During the fourth quarter, City staff also cooperated with other CO-OP Northwest cities to start planning for the 5~ annual Northwest Suburban Remodeling Fair, which will be held at the Crystal Community Center in April 1997. The purpose of the Fair is to encourage homeowners to stay in the City and upgrade/remodel their existing homes. Registration forms and invitations to participate in the Fair will be mailed in January. New Hope will again be coordinating registrations and the collection of revenues and will be making disbursements for expenses. At the October 28 Council meeting, the Council approved an agreement with Events of Distinction to assist with the coordination of seminars and doorprizes for the 1997 Fair. Multi-Family Housin_~ New Hope Apartments - During the fourth quarter, work continued to be finalized on the New Hope Apartments rehab project and invoices for final payment were submitted and are in the process of being reviewed by the General Inspector. 7610 Bass Lake Road- At the September 9 EDA meeting, the EDA considered a request from the owners of an 11-unit apartment complex at 7610 Bass Lake Road for financial assistance to make needed rehabilitation repairs to the building. The EDA directed staff to work with the owners and report back to the EDA in the fourth quarter. The owners have not cooperated with the City so no progress took place on this project during this quarter. Sandpiper Condominiums - During the fourth quarter, staff met with and continued to cooperate with representatives of the Sandpiper Condominiums regarding possible City financial assistance to rehab the complex. Staff and City Attorney are studying recently passed legislation to determine if it would be applicable to this project and will be presenting a proposal to the EDA during the first quarter. Park Acres - At the October 14 Council meeting, the Council set November 12 as a public hearing date to consider a Housing Program and the Issuance of Multi-Family Housing Revenue Bonds for Park Acres Apartments. At the November 12 public hearing, the Council approved the request of Reprise Partners Limited Partnership for $2.2 million in tax exempt bonds to acquire and rehab the property at 8007-8011 Bass Lake Road, subject to an inspection by the City in January 1997. Miscellaneous Star Tribune Housina SPotlight - In the September 28 issue of the Star Tribune, the City of New Hope was the featured City in the Housing Profile section of the newspaper. NAHRO Conference -- On November 14 staff attended the annual Minnesota conference for the National Association of Housing and Redevelopment Officials. Minnesota State Council on Disability - At the October 28 Council meeting, the City received an award from the Minnesota State Council on Disability. for the City's efforts to provide home ownership opportunities for the disabled through the construction of two handicapped accessible twinhomes. Metropolitan Council Growth Strate.qy Meetings - New Hope hosted an open house on October 24 and a public hearing on November 20 regarding the Metropolitan Council's new growth strategy. Respectfully submitted, Sarah Bellefuil Community Development Specialist Kirk McDonald Management Assistant/ Community Development Coordinator ENGINEERING PROJECTS Fourth Quarter 1996 Report Progress took place on the following major engineering projects during October, November and December: Project ~437, 36th Avenue Railroad Bridge Reconstruction Project- The City Engineer reports that all work has been completed and the contractor has signed the final pay request. Once the IC-134 forms have been submitted by all subcontractors, final payment will be recommended. Project #486, Phase II 36th Avenue Street Improvements from Winnetka to Louisiana Avenues - The City Engineer reports that all work is completed except for restoration and minor punch list items which will be completed in the spring. Project #498, Northwood Lake Drainage - The Citizens Advisory Commission studied this project during the fourth quarter and has scheduled an informational meeting with residents for January 28. Project #499, Surface Water Management Plan - During the second quarter, the Task Force reviewed the recommendations made by both Watershed Districts. The plan was revised to incorporate those recommendations and the final plan was submitted to both Watershed Districts for approval. The plan was approved by the Shingle Creek Watershed Commission and the Bassett Creek Water Management Commission during the third quarter. At the November 25 City Council meeting, the Council passed a Resolution Adopting the Surface Water Management Plan and Directing Implementation of Said Plan. Subsequent to the plan adoption, the City received additional comments on the plan from the Met Council. The Watershed Districts will consider these comments during the first quarter of 1997. Project #507, 42"" Avenue Railroad Bridge Repainting - At the November 12 City Council meeting, the Council approved the final pay request to Rainbow, Inc., for the railroad bridge repainting, in the amount of $2,788.75, as the project is completed. Project #515, 3.City Joint Water Supply - At the September 23 City Council meeting, a presentation was made by the Director of Public Works and a resolution passed supporting General Mills legislation and the pursuit of emergency and alternative permanent water supplies. This study was ongoing throughout the fourth quarter. Project #5f9, Utility Extension at 6073 Louisiana Avenue North - At the November 25 Council meeting, final payment to H&M Asphalt Company in the amount of $1,886.91 was approved for the construction of utility extensions at 6073/6081 Louisiana Avenue North, as the project is completed. Project #521, 1995 Street Improvement Project (Area 2) - During the second quarter, a public hearing was held and a resolution adopted regarding the assessment for the street improvement project. The City Council decided to reduce the amount of the assessment per lineal foot to $22.12 for residential properties and $33.18 per lineal foot for commercial properties. At the same meeting, the Council approved Change Order ~ which provided for the construction of additional drain pipe in Wisconsin Circle for proper drainage to catch basins. Dudng the second quarter, the contractor completed concrete curb and sod punch list items. During the third quarter, the sewer service repairs were completed in Wisconsin Circle such that the final bituminous surface could be completed. By the end of the fourth quarter all work was satisfactorily completed, and at the December 9 City Council meeting, the Council authorized final payment be made in the amount of $92,665.47. The final contract amount for this project was $1,057,945,69, which was 12.8% over the bid amount, and included two change orders. Approximately 1,100 sq. yds. of sod died due to the extremely dry summer and will need tc be replaced in 1997. Project #527, Cooper High School Street Improvements - During the fourth quarter, all work and punch list items were completed. At the December 9 City Council meeting, the Council authorized final payment in the amount of $23,260.00 bringing the final contract amount to $722,110.11, which is 9% over the bid amount, and included two change orders. Approximately 1,500 sq. yds. of sod died due to the extremely dry summer and will need to be replaced in 1997. Project #,529, 47th Avenue Water Tower Rehabilitation - At the January 22 Council meeting, the City Council awarded the contract for the 47th Avenue Water Tower Rehabilitation Project to Odland Protective Coating in the amount of $272,850. A neighborhood informational meeting was conducted on February 29 to answer questions about the project, and the pre-construction meeting was held on March 19. A project bulletin was mailed to impacted properties on June 6. The project included complete removal of the existing paint on the tower, application of new paint, structural improvements and other miscellaneous upgrades. The project started in June and was completed in August. All painting and restoration was completed and the tower was put back in service. Two minor punch list items need to be completed before the project can be finaled. Project #530, Lighted Field Improvements - Dudng the fourth quarter, staff continued to deal with the grading contractor on liquidated damages and bonding due to the fact that the project was not completed on time. Retaining wall issues have not yet been resolved. At the November 12 City Council meeting, the Council accepted the lighting portion of the project and authorized final payment to Killmer Electric in the amount of $6,254.43. The City Attorney is continuing to final out the contract with the grading contractor and bonding company. Project #~36, New Hope Ice Arena Expansion - Dudng the second quarter, work continued at the Ice Arena. A second round Mighty Ducks grant from the Minnesota Amateur Sports Commission was received in the amount of $250,000 during the second quarter and the City Council approved the Grant Agreement. Also during the second quarter, the Council approved the addendums for the 24 Ice Arena construction contracts, which incorporated prevailing wage provisions, and nine minor change orders to the project totaling $16,703 and also approved an agreement with School District #281 regarding ice arena rental for High School teams. The majority of the construction work was completed during the third quarter. The Council approved several Change Orders to the Ice Arena contract during the third quarter. At the November 25 City Council meeting, the Council authorized transfer of $4,000,000 TIF funds to the Ice Arena Construction Fund. At the December 9 City Council meeting, the Council approved 12 change orders in the amount of $39,607 bringing the total contract amount to $3,558,005.94. A grand opening at the Ice Arena was conducted on December 23 with many local officials and residents in attendance. Project #,540, 1995 Street Improvement Project (Area 1) - During the second quarter, a public hearing was held regarding the assessment for Area I of the 1995 Street Improvement Project. The final assessment rate reduced costs to $22.12 per lineal foot for residential properties and $33.18 per lineal foot for commercial properties. During the fourth quarter, work was completed on punch list items. At the December 9 City Council meeting, the Council authorized final payment in the amount of $15,705.37 bringing the final contract amount to $297,688.44, which was 14.9% below the bid amount. Project #542, Public Works Remodeling Project- During the second quarter, work continued on the preparation of plans and specifications for the remodeling of the Public Works building, an agreement for geotechnical investigation to evaluate subsurface soil conditions was approved, th~ Planning Commission and City Council granted the necessary zoning approval for the project an,. staff continued to coordinate with Hennepin County for partial funding of the project (ADA improvements) with CDBG funds. At the September 23 City Council meeting, the Council approved the. plans and specifications and authorized advertisement of bids. A resolution was approved for Second Addendum to Standard Form of Agreement between the City of New Hope and Bonestroo & Associates. Also at that meeting, the Council approved a resolution to enter into a contract with E&V Consultants and Construction Managers for construction management services in an amount not to exceed $35,000. At the November 12 City Council meeting, the Council awarded the construction contract to Mikkelson-Wulff in the amount of $710,159. Several alternates are included in the revised project total. Construction will not begin until March 1997. so winter construction costs have been deleted. All funding would be supplied by CDBG funds, 1996 ClP monies, funds from Road & Bridge, Central Garage & Labor Pool. Project #544, Storm Water Pond Improvements at 4400 Quebec and Municipal Golf Course - During the third quarter, work on the punch list items continued. The full course was opened and playable on August 11. The work on the CCI storm water pond was also completed during the third quarter. Dudng the fourth quarter, the contractor completed all punch list work except for restoration. Retainage will be held until spdng. Staff are currently reviewing plantings that are proposed for the Quebec Avenue pond. Project #~547, 42nd/Xylon Avenue Intersection Upgrade - During the second quarter, staff met with Cemetery officials regarding the appraisal process, appraisers for the Cemetery and the City were selected, a third independent appraiser was selected, and the appraisers started their work. During the third quarter, the appraisal process continued and the appraisals were presented to City staff in October. During the fourth quarter, staff continued to coordinate with Hennepin County and the Cemetery. The Cemetery is reviewing landscaping and site improvements to be included in the project. Once the Cemetery has determined the scope of their work, a Feasibility Report will be prepared documenting costs and schedule. Project #550, New Hope Elementary School Ballfield Reconstruction - Dudng the first quarter, the Council awarded the bid on the project to the Iow bidder, S.M. Hentges & Sons, Inc., in the amount of $173,565 for the New Hope Elementary Ballfield Reconstruction Project. The School District will reimburse the City for storm sewer work. Dudng the second quarter, the Council approved Change Order #1 for additional storm sewer pipe and catch basins in the amount of $11,166, which will be paid for by the City. This bdngs the total contract pdce to $187,981. During the · second quarter, a pre-construction meeting was held, a project bulletin was mailed to impacted properties, and work on the project started on June 10. The project will greatly improve the drainage of the playing fields. At the August 26 City Council meeting, the Council considered a proposal for additional storm sewer piping in the amount of $5,275. This Change Order was approved at the August 27 Council work session. The few remaining punch list items will be completed in the spring. Project #~51, Louisiana Avenue & 31st Circle Street Improvements - At the February 26 Council meeting, the Council approved a resolution declaring the intent of the City to reimburse costs of this project with tax exempt debt and complying with the reimbursement bond regulations uncter the Internal Revenue Code. At the same meeting, the Council accepted/approved the Feasibility Report for the project. At the March 11 Council meeting, a resolution was passed setting the date for the public hearing on the project. At the March 25 Council meeting, the public hearing on the project was held. The project involves mill and overlay on L~uisiana Avenue and 31st Circle between Medicine Lake Road and 32nd Avenue. Total cost of the project is estimated at $88,490 with $86,458 being assessed to abutting property owners. Crystal is coordinating the project, as the street divides the boundary between the two cities. One resident opposed the project at the public headng. The Council closed the public headng and approved a resolution ordedng COnstruction of the project and- preparation of final plans and specifications. Construction of the project started in mid-September. During the fourth quarter, all work was completed except for punch list items. Once final costs are determined, an assessment hearing will be scheduled. Project #556, Begin Park Playground Equipment- A neighborhood meeting was held regarding this project on Apdi 23 to get input from residents on equipment preferences and special needs. At the May 28 City Council meeting, the Council approved plans and specifications and authorized advertisement for bids. At the June 24 Council meeting, the Council awarded the bid to Odland Construction in the amount of $43,881. The pre-construction meeting was held on July 8. At that time staff agreed to extend the project completion deadline to September 30. Due to contractor issues, the work was not completed on time. Construction to remove the old playground equipment began on September 30. During the fourth quarter, the contractor completed all work except for the resilient surface and restoration, which will be completed in the spring. Project #~59, Hidden Valley Park In-Line Skate Rink - At the August 12 Council meeting, the City Council tabled the approval of plans and specifications on this project and requested that staff research alternate in-line skating options and liability issues and report back at a future meeting. The Director of Parks & Recreation provided the City Manager and Council with the requested information during the fourth quarter. Project #560, Park Shelter Roof Repairs - Terra Linda Park - During the third quarter, the Council awarded the contract for roof repairs to Hunerberg Construction in the amount of $15,400. Work was completed during the fourth quarter. At the November 25 City Council meeting, the Council accepted the project and authorized final payment to the contractor in the amount of $15,400. Project #~63, Storm Sewer Drainage Improvements, 7180 42nd Avenue - At the April 22 City Council meeting, the Council directed staff to prepare a Feasibility Report regarding drainage issues on the north property line at 7180 42nd Avenue (Lasky PUD development). The proposed storm sewer would serve this property and adjoining properties. The Feasibility Report was presented to the Council at the September 26 City Council meeting and the Council approved a resolution to hold the public hearing on October 28. At the October 28 Council meeting, the City Council considered a Resolution Ordedng Construction and Preparation of Final Plans and Specifications. However, due to the fact that the development plans have been put on hold, the Council canceled the project and instructed staff to recommence the proceedings when new development plans are approved. Project #~64, Emergency Vehicle Pre-emption Project- At the August 26 City Council meeting, the Council approved plans and specifications and authorized advertisement for bids. Bids were opened on September 18, and on September 23 the City Council awarded the bid to Killmer Electric Co. in the amount of $61,785. At the October 28 Council meeting, the Council approved a Resolution Approving a Cooperative Joint Powers Agreement for Emergency Vehicle Preemption at 62~ and West Broadway between New Hope and Brooklyn Park. The contractor is proceeding with work as weather permits and is being coordinated with Hennepin County. Project #,567, 1997 Street Improvement Project - At the September 23 City Council meeting, staff presented the proposed 1997 Street Improvement Project and Council directed the City Engineer to prepare a concept report and conduct neighborhood meetings. The areas included in the 1997 project include: Area 1) - 59~ and Hillsboro; Area 2) - near Hosterman School (56"~ and Zealand); Area 3) - 48"' Circle west of Quebec; and Area 4) - Nevada Avenue and 45"'. At the December 1 City Council meeting, the Council authorized a contract with BCL Appraisals to obtain appraisals the properties involved. Staff anticipates the use of special assessments to fund the project. Project #,568, Clean & Televise Storm Sewers in Northeast Comer of City- At the August 12 City Council meeting, the Council approved plans and specifications to clean and televise storm sewers in the northeast corner of the City and authorized advertisement for bids. At the August 26 meeting, the Council passed a resolution approving a contract with Infratech for this work in the amount of $7,949.00. At its October 14 meeting, the City Council approved Change Order #1 in the amount of $2,437.50 for additional work to be done at Crystal Towers Apartments located at 5601/5705 Quebec. This system was constructed on private property, however it does serve some adjacent additional New Hope and Crystal properties. This change order brought the total contract amount to $10,386.50. Cleaning and televising is proceeding as temperatures permit. Project #,F,69, Hockey Rink Replacement at Lions Park - At the August 26 Council meeting, the Council approved a bid from Stewart Lumber for lumber to rebuild the hockey rink at Lions Park in the amount of $4,900.70. This project was completed during the fourth quarter. Project #570, Uberty Park Hockey Rink Replacement- At the August 12 Council meeting, the Council approved a bid from Treated Lumber Distribution Company for lumber to rebuild the hockey dnk at Liberty Park in the amount of $5,090.70. The project was completed during the fourth quarter. Project #575, Xylon Avenue Street Improvements - At the September 23 City Council meeting, a presentation was made by the City Engineer on proposed Xylon Avenue street improvements. The Council directed the City Engineer to prepare a concept report and conduct neighborhood meetings. At the December 12 City Council meeting, the Council authorized a contract with BCL Appraisals to obtain an appraisal of the properties involved. Staff anticipates the use of special assessments to fund the project. Project #576, Ice Arena Amenitie~ - At the September 23 City Council meeting, the Council approved bids for goals, nets and pads for the Ice Arena and authorized purchase in the amount of $2,413. At the same meeting, the Council approved the purchase of one new scoreboard and two time clocks for the Ice Arena in the amount of $8,460.00. During the third quarter, the Council approved the purchase of goals, nets, pads, one new scoreboard and two time clocks for the Ice Arena totaling $10,873.00. At the October 14 City Council meeting, the Council approved the Iow bids for the purchase of 12 fiberglass benches in the amount of $1,743.86, a personnel lift in the amount of $6,805.35, and carpeting for the third floor community room in the amount of $3,505.50. TIF monies will be used since all of these purchases are for the second sheet of ice. At the October 28 City Council meeting, the Council authorized the purchase of concession stand equipment including a refrigerator, ice machine, and dishwasher in the amount of $7,678.00. This equipment will be paid for with TIF funds. At the November 12 City Council meeting, the Council approved bids for the purchase of an autof~ machine for the concession stand in the amount of $6,484.68; a floor scrubber in the amount of $8.211.87; cash registers for the concession stand and ticket window in the amount of $2,474.00; and furniture in the amount of $7,797.56. At the December 9 Council meeting, the Council approved a bid submitted by Security Link for a security system for the Ice Arena in the amount of $9,987.00. Project #579, 1997 Sidewalk Improvemen~ At the October 14 Council meeting, the City Engineer presented information to the Council on potential areas for a 1997 sidewalk improvement project. The Council directed the City Engineer to prepare a Feasibility Report identifying the scope of the project, the cost, and the funding. The Feasibility Report is in the process of being prepared and will also include pedestrian ramp reconstruction as required. Project ~580, Repair Storm Sewer'Pipe at 5924/5928 W. Meadow Lake Road- At the October 28 City Council meeting, the Council awarded the contract for storm sewer repair to Sunram Construction in the amount of $10,560. The project will include the removal of existing pipe and installation of 30 feet of pipe, shoreland restoration, and removal of sand/sedimentation from the lake. The storm sewer pipe and dredging in the lake has been completed and restoration will take place in the spring. Project #~81, Alternative Water System Analysis & Rate'Study- The Joint Water Commission is investigating the cost for their own water supply/treatment vs. water purchased from Minneapolis. A rate study for the three communities is also being conducted. This study was ongoing during the fourth quarter. Project #582, Installation and Maintenance of Street Lights in the Vicinity of 41~ and Jordan Avenues - At the October 28 City Council meeting, the Council approved an agreement between NSP and the City for installation md maintenance of street lights in the vicinity of 41't and Jordan Avenues. NSP will install five fixtures on fiberglass poles, which will have underground feed. Payment for installation will be made to NSP in the amount of $6,550 and a monthly maintenance fee of $5.45 per light was established. Project #~583, 1997 Backyard Drainage Project- At the December 9 City Council meeting, the City Engineer described the proposed project to Council and staff asked for direction from the Council. The Council directed the City Engineer to conduct preliminary work and hold neighborhood meetings with affected property owners. Project #585, Crystal 1997 Street Project- In September 1996, the Crystal City Council ordered improvement associated with Phase 3, South Central Street Reconstruction. One street in the project area is 32'" Avenue North between Winnetka Avenue North and Winpark Drive. The north one-half of the street is in the City of New Hope. At the December 12 City Council meeting, the Council authorized a contract with BCL Appraisals to obtain an appraisal of the properties involved. Staff anticipates the use of special assessments to fund the project. Project #~586, Construction of Path to Wetland at 49~ & Flag Avenues - During the fourth quarter, Public Works constructed an access to the outlet structure across property at 5010 Hillsboro Avenue to remove a beaver dam at the outlet structure. A permit has been submitted to the DNR for placing fill into the wetland to construct the access. The access will be completed in the spring following DNR permit review. Kirk McDonald Management Assistant/ Community Development Coordinator ENGINEERING PROJECTS Fourth Quarter 1996 437 36t" Avenue RR Bridge All work completed and final pay request executed 486 36t" Avenue Street Improvements All work completed except for restoration and minor punch list items which will be completed in .spring 498 Northwood Lake Drainage Citizens Advisory Commission studies proj~t and options - will conduct informational meeting in ,January 499 Surfac~ Water Management Plan' 11/25 council adopts Plan & directs Met Council provides additional implementation of Plan comments on Plan 507 42n~ Avenue Railroad Bridge 11112 Council authorizes final" Repainting payment 515 3-City Joint Water Supply Study is ongoing 519 Utility Extensions at 6073 Louisiana I 'i i/25 Council authorizes final AvenueI payment 521 1995 Street Improvement Project - Punch list items completed 12/9 Council authorizes final Area 2 payment 527 Cooper High SchoOl street " Punch list items completed 12/9 Council authorizes final ImProvements payment 529 47th Avenue Water Tower Minor punch list items yet to be Rehabilitation ~pleted 530 Lighted Field Improvements 11112 Council authorizes finai Negotiation with grading contractor payment to lighting contractor continues 536 Ice Arena Expansion Construction substantially 11125 Council authorizes transfer of 12/g Council approves Change completed TIF funds to Ice Arena Construction Orders 10112 Second Sheet open for fund 12/23 Grand Opening held business 540 1995 Street Improvement Project - Punch list items completed " 42/9 Council authorizes final Area 1 payment 542 Public Works Remodeling Bids on project sought 11112 Council awards contract t~. Construction to start in Marcl~ Mikkelson-Wulff in the amount of $710,159 544 Storm Water Pond Improvements " All punch list items completed except for restoration, at 4400 Quebec & Golf Course which will be completed in the ,sPring 547 42~d/Xylon Avenue Intersection Appraisals completed I Ongoing coordination with Gethsemane Cemetery UpgradeI and Hennepin County 550 Ballfield Reconstruction Project completed I Minor punch list items to be New Hope Elementary ....I completed in spdng 551 Louisiana Avenue & 31't Circle Project completed except for punch list items Street Improvements `5§6 Begin Park Playground Equipment Majority of work completed, with resilient surface and restoration to be completed in spring ,559 Hidden Valley Park In-Line Skate Information on options provided to City Manager and Rink Council by Park & Rec Director 560 Perk Shelter Roof Repair Work completed 11/25 Council accepts project & Terra Linda Park authorizes final payment 563 Storm Sewer Drainage 10128 Public Headng held but 7180 42r~ Avenue Council takes no action on storm sewer improvements until development plans proceed 564 Emergency Vehicle Pre-emption i0/28 Council approves Work is proceeding as weather Cooperative Agreement with permits Brooklyn Park for 62'~/W Broadway 567 '97 Street Improvement Program 12/9 Council approves contract with BCL Appraisals for appraisal ..... services 568 Televise/Clean Storm Sewers 10/14 Council approves Change Work in progress as weather permits :- Order #1 569 Hockey Rink Replacement Project completed during fourth quarter .... Lions Park 570 Hockey Rink Replacement Project completed during fourth quarter ., Liberty Park 575 Xylon Avenue Street Improvements 1219 Council approves contract with BCL Appraisals for appraisal services 576 Ice Arena Amenities 10/14 Council approves bid for 12 11112 Council approves bid for 1219 Council approves bid for benches autofry machine for concession security system 10114 Council approves bid for stand i personnel lilt 11112 Council approves bid for floor 10/14 Council approves bid for scrubber carpet for 3'~ floor community room 11112 Council approves bid for 10/28 Council approves bid for cash register for concession stand concession stand equipment 11/12 Council approves bid for furniture 579 1997 Sidewalk Improvement 10/14 Council discussed project & Feasibility Report in progress Project directed City Engineer to prepare Feasibility Report 580 Repair Storm Sewer Pipe at 10/28 Council awards contract to Storm Sewer pipe and dredging in lake completed, 5924/5928 W. Meadow Lake Rd Sunram Construction restoration to take place in spring 581 Alternative Water System Analysis Study in progress during fourth quarter and Rate Study 582 Street Lights at 41't & Jordan 10/28 Council approves agreement with NSP for installation & maintenance of street,lights 583 1997 Backyard Drainage Staff met to prioritize drainage 1219 Council directs City Engineer Improvements issues to proceed with preliminary survey work ~ 585 Crystal 1997 Street Project 12/9 Council approves contract with BCL Appriasals for appraisal servk:es 586 Construction Of path to Wetland at Access to outlet completed Permit submitted toDNR To be completed 'in spring 49thlFlag ENGINEERING Fourth Quarter 1996 Report City Council Synopsis A number of construction/engineering projects were either completed, continued, or initiated during the final quarter of 1996. Construction of the $4.2 mil/ion expansiOn at the New HoPe Ice Arena was finalized during the fourth quarter. The project involved the construction of a 45,000 square foot, two-story addition on the south side of the existing arena to accommodate a second sheet of ice and other interior/exterior improvements. During the quarter, the Council authorized the transfer of TIF funds to the Ice Arena construction fund, approved several change orders, and approved the purchase of a number of equipment and amenity items to furnish the new addition, including furniture, concession stand equipment and a security system. A grand opening of the facility was held on December 23 with a number of residents and local officials in attendance. Work also proceeded du#ng the fourth quarter on a major construction project that will take place in 1997: the remodeling and expansion of the Public Works building. During this quarter, bids were received on the project and in November the Council awarded the contract on the project to Mikkeison-Wuiff, the Iow bidder on the project. Construction on the project will begin in March 1997. The City continued to address surface water quality and quantity issues during the quarter. The Citizens Advisory Commission spent the entire quarter studying the storm water improvement options for Northwood Park in conjunction with the City Engineer and City staff. In December the Commission made a recommendation on a specific option and they will be conducting an informational meeting with Northwood Park residents, on this issue in January. Another major accomplishment during this quarter was the final adoption of the New Hope Surface Water Management Plan in November by the City Council. The two Watershed Management Organizations formally approved the plan in October. The Council approved a resolution adopting and directing the implementation of the plan. The Council thanked the Task Force that had worked on the plan for the past three years. During the first part of 1997, staff will be responding to comments received from the Met Council on the plan. The Council finished up work on the 1995 and Cooper High School Street projects during the quarter, with final payments for all three projects being approved in December. Work continued on future street construction improvements at the intersection of 42~ and Xylon Avenues. The appraisals for the project were completed and shared with Gethsemane Cemetery officials and coordination with Hennepin County continued. A Feasibility Report on this project will be completed the first quarter of 1997. Progress was made on several projects to be undertaken in 1997. Staff met with the City Engineer to prioritize backyard drainage improvements and the information was presented to the Council in December. The Council directed the City Engineer to proceed with preliminary survey work on the recommended areas. During this quarter, the Feasibility Report on 1997 Sidewalk Improvements was also being completed. Finally, in December the Council considered preliminary recommendations for 1997 street improvements in four separate areas in the City and approved a contract for appraisal services on these projects and directed staff to proceed with neighborhood meetings. Lastly, a number of 1996 projects were essentially completed during the final quarter. Reconstruction work at 36~ and Winnetka was completed, as well as the repainting of the water tower at 47~ and Aquila. A number of park improvement projects were also completed or nearly completed. The ballfieid construction at New Hope Elementary was finalized, hockey rink replacements at Lions and Liberty Parks were comp/eted, the park shelter work at Terra Linda Park was finished and final payment authorized and the playground equipment at Begin Park was installed, with punch list items to be completed in the spring. These projects, in addition to a number of other minor engineering items, kept the City Council and staff busy during the fourth quarter of 1996. Respectf~,~ub. r~itted, ~. ~ Kirk McDonald,, Management Assistant/Community Development Coordinator GENERAL INFORMATION We are pleased to once again offer workshops designed especially for citizen planners. This year's newly-redesigned sessions are better than ever with more opportunities for in-depth study of current topics and more hands-on application. Participants will enhance their knowledge of various areas of planning and, as a result, become better equipped to make recommendations and decisions about the communities in which they live. Program Features Include: · An accomplished faculty with extensive backgrounds in both planning and instruction · Presentations focusing on current issues and timely information · Handy reference materials designed to make your job easier · Practical workshops designed by a committee of planning experts and local officials If you would like to make your contribution to soiving land use problems as informed and effective as poss- ble ... REGISTER TODAY! THESE PROGRAMS ARE FOR YOU. WHo SHOULD An'END?. Members of planning commissions, boards of adjust- ment/appeals and governing bodies in Minnesota cities, counties and townships. Also valuable for mem- bers of other advisory commissions, housing and redevelopment authorities, staff (especially those with- out degrees in planning), real estate professionals, and others working in areas related to specialized workshop topics. ATTENDANCE AT THESE WORKSHOPS PROVIDES ~.DDITIONAL BENEFITS FOR CiTY ELECTED 3FFIClALS! =f you are enrolled in the League of Minnesota Cities Leadership Institute for Elected Officials (or want to be!), these courses count towards the 40 credits required for Certification. Each Land Use Planning ~rkshop is worth 7 credit& The Certification Program was inaugurated-in January, 1996. AP~lSlication forms are available-by calling Cathy Dovidio at the League offices at (612) 281-1250. Call. Sharon Kiumpp at (612) 281-1203 with questions about the Leadership Institute program. REAL ESTATE CREDITS Participants of "Annual Planning Institutes' and "Beyond the Basics' can earn Continuing Real Estate Education credits. REGISTRATION/CANCELLATION Register at least 7 days prior to the workshop date using the forms in this brochure. (Space is limited.) Fill out one form for each workshop; duplicate forms if needed. You will not receive confirmation of your regis- tration, but we will notify you if the session you requested is full. Fees will be refunded less a $15 service fee if the registration is cancelled 3 work- ing days before the program. Substitutions for regis- tered participants may be made at any time. Should inclement weather (or other cimumstances beyond our control) necessitate program cancellation or postpone- ment, registrants will be notified via announcements on WCCO radio and other local radio stations. FEES Registration fees for all workshops include a meal, refreshment breaks and handout materials. See inside for details about group discounts for three or more participants attending. IMPORTANT: To qualify for the group discount, regis- trations must be mailed in the same envelope! CO-SPONSORS · Association of Metropolitan Municipalities · Association of Minnesota Counties · Humphrey Institute of Public Affairs · League of Minnesota Cities · Minnesota Association of Townships · Minnesota Chapter, American Planning Association · Minnesota Planning Association · Minnesota Planning FURTHER INFORMATION Contact Barb Wright (Registration) or V/v/an Hart (Program) at Government Training Service (612) 222- 7409 or Minnesota Toll Free (800) 652-9719. -thmugheducational. services ~ to enhance individual~'compets~aa¢l ~.organizational ser- vices designed to strengltten group? effectiveness. ;;~C~ Printed on recycled paper ANNUAL PLANNING INSTITUTE: THE BASICS Thursday, March 6, Saturday March 22 or Thursday, April 17, 1997 9:00 a.m. - 4:30 p.m. Understanding the Nuts and Bolts of Planning, Zoning and Subdivision Regulation -- For those new to land · . use planning and zoning or interested in a review of fundamentals. ALL ABOUT PLANNING -- Learn how to explain to others what you do in your planning role - The History -- Why do we plan? - The Process -- What can it do for your community? - The Products -- What's in a plan and what are the tangible results? IMPLEMENTING THE PLAN -- Find out how to exercise your authority and responsibilities -The Zoning Ordinance and its relationship to an adopted plan - Understanding Amendments,, Conditional Use Permits and the Variance - Enforcement -- How and When -The Subdivision Ordinance and its relationship to an adopted Plan KNOWING YOUR LEGAL LIMITS -- Explore ways to avoid expensive litigation - Understanding the Laws of Planning, Zoning and Subdivision - Avoiding Conflict of Interest - Ensuring "Due Process" - Conducting a proper Public Hearing and recording your Findings PARTICIPANTS IN THE PLANNING AND ZONING PROCESS -- Discover where you fit in -The Elected Official -The Planning Commissioner - The Applicant - The Planner -The Attorney -The Zoning Administrator - The Building Inspector - The Constituent - The Neighbor - The NIMBY THE SUCCESSFUL PLANNING COMMISSION -- Learn how to maximize your impact as a commissioner -Your responsibilities as a member - Your opportunities to influence the future - Learning the magic word -- Cooperation. PRACTICE MAKES PERFECT ... or at least better - Put what you've learned to work - Hands on simulations of actual planning and zoning dilemmas - Hot issues - Answers to your specific questions William Griffith, Attorney, Larkin, Hoffman. Daly & Lindgren Robert Lockyear, Director of Planning and Public Affairs, Washington County Thursday, March 6 and Saturday, March 22,1997 - Eade Brown Center, U of M St. Paul Campus, 1890 Buford Ave. · St. Paul, MN 55108 · (612) 624-3275 Thursday, April 17, 1997 -- St. Cloud Civic Center, 10 4th Ave. S., St. Cloud, MN 56301 · (320) 255-7272 $89 per person or $75 per person for 3 or more people from same jurisdiction. This course has been approved for six hours of Continuing Real Estate Education credit. BEYOND THE BASICS Saturday, March 8, Thursday, April 10 or Thursday, April 24, 1997 9:00 a.m. - 4:30 p.m. Learn about preparing and using planning tools to deal with a wide variety of development problems, plus an in-depth review of the planning process -- from proper legal notice to development of sophisticated findings of fact. OVERVIEW OF LAND USE TOOLS -- Review the history of land use regulation - Source and Limitations of Authority to Plan and Zone - Fundamental Legal Principles, Balance Between the Police Power and Private Property Rights - Comprehensive Plan -- Look at the plan elements in depth · Design for Community · Summary of Process · Review of Elements - Zoning -- Develop a complete understanding of the tools and standards of zoning · Official Zoning Map · Zoning Ordinance: Permitted, Accessory Uses, Standards, Variances -- Standards for Approval, Conditional Use Permits -- Standards for Approval, Interim Use Permits · Rezonings - Subdivisions Regulations - Advanced Zoning Applications -- Explore Innovative ways to guide land use development · Overlay Zoning · Interim Development Moratoriums · Performance Zoning · Zoning for Community Aesthetics, Environmental Protection - Community Participation - Learn how to improve community involvement · Planning Commission -- Staggered Terms · Visioning · Task Forces, Planning Committees · Newsletters · Attitudinal Surveys · Open Houses · Issues Workshops SMALL GROUP SESSIONS APPLYING PLANNING AND ZONING PRINCIPLES - Apply what you have learned through hands-on activities LEGAL ISSUES, EFFECTIVE PROCEDURES - Examine the legal issues in depth - What Are Takings? - Applying the Principles - Living With the 60-Day Limit SMALL GROUP SESSION -- Apply what you have learned through hands-on activities - Hands-on simulations of actual planning and zoning dilemmas - Hot issues -- Answers to your specific questions A BRIEF OVERVIEW OF. MINNESOTA'S ENVIRONMENTAL REVIEW PROGRAM - Learn about your roles and responsibilities. - EAW, ElS, AUAR PRACTICAL ADVICE - Discover effective shortCuts plus ways to avoid planning and enforcement pitfalls - Procedures Manual - Advice for Handling Controversial Hearings - Prototypical Planning Report - Working Relationships - Sample Findings of Fact - How to Handle Conflicts QUESTIONS, DISCUSSION Karen Cole, Attorney, Popham, Haik, Schobdch John Shardlow, President, Dahlgren, Shardlow and Uban, Inc.; planning consultant Saturday, March 8 and Thrursday, April 10, 1997 - Earle Brown Center - U of M St. Paul Campus 1890 Buford Ave. · St. Paul, MN 55108 · (612) 624-3275 Thursday, April 24, 1997 - St. Cloud Civic Center, 10 4th Ave. S., St. Cloud, MN 56301 · (320) 255-7272 $99 per person or $85 per person for 3 or more people from the same jurisdiction. This course has been approved for 6.5 hours of continuing Real Estate Education Credit. HAVE WORKSHOP - WILL TRAVEL G~,,zernment Training Service can customize the workshops i~ s brochure and other planning topics, especially for your community! You choose the topics, date, location, and supply the partic- ipants. We'll provide the faculty and materials. Some possible in-house planning workshop topics include, but are. not limited to: · Updating Your Comprehensive Plan · Planned Unit Development · Environmental Issues · Housing & Economic Development Tools · The Art of the Deal · Visionary Leadership · Hanging Tough in Tough Times More and more cities and counties are taking advantage of this convenient, cost-effective way to make such education- al opportunities available to those involved in local planning. OTHER BENEFITS: · The content can focus on your current issues. · The program can be presented for a diverse group -- advisory commission members, elected officials, staff, interested citizens. · Costs can be shared by two or more jurisdictions. Call Vivian Hart (612) 222-7409 to explore the possibilities. CONSIDERING A GOAL-SETTING OR TEAM BUILDING SESSION FOR YOUR GOVERNING BODY OR AN ADVISORY COMMISSION? GTS can provide trained facilitators who have extensive experience working with local governments like yours! We can also facilitate a process designed to gather citizen input, to guide problem solving, to help re-allocate scarce resources and made budget decisions, or to help strengthen existing teams. Using professional, objective assistance can be even more beneficial when you are faced with these times of reduced resources and tough decisions. Call Mary Sabatke (612) 222-7409 for all the details. Municipal Finance Workshops for Elected Officials Friday, March 21, LMC Building, St. Paul or Friday, April 18, St. Cloud Civic Center Elected officials are called upon to make a variety of decisions relat- ed to city finances. This half-day workshop will provide an overview of what's involved and focus on several key areas of fiscal responsi- bility: what fiscal policies should be in place, how to spot fiscal warn- ing signs, what should be considered in financing decisions as well as various financing methods, types of debt and bond financing process. The last hour will be devoted to in-depth roundtable discussions. Participants of this practical and informative workshop will leave with an understanding of financial terms and "jargon" as well as four LMC Leadership Institute credits/ Scheduled for your convenience, the dates and locations of these sessions piggyback with Annual Planning Institutes. Call Maureen Weslander at GT$ (612)222-7409 or (800)652-9719 for a registra- tion brochure. · Community._. Vlsi0n!ng-t~~~for in~....bii'gj ~.~ ~..communiflt leaders. Look at' oppork~n~~ ~.?~in~ seSSion~ -tO ple~.-~'-':~%.. . 3. Environmental P~~.~l~:t~proteCt environmentai~;a~eas,, watershed 4. Rural Panning ~ ~~ techniques designed~ tO: WOrk effectiVely, in rural set- Please hcicate your ~mst b_ ~asesaon on one (or re°re) oHhe aboga. ' topics by r~bg itoh the registm~ in a future maYr~ ~ ~ ~ ~~ ~ lo register.) ' Min~sam Chapte, · American PJanain~ ~ssociition Minnesota Plannint MnAPA 1996 Awards The following three awards were given at the Upper Midwest Planning Con- ference in September. The award selec- tions were made, and the following project descriptions prepared, by the Awards Committe, chaired by Barbara Senness. Distinguisked Prolect dovard: Dahlgrm, Sltardlme and Ubam St. Cloud Comprdg'a~i~ Pla~ This plan represents a truly monumen- tal effort. While it includes the typical elements of a comprehensive plan, it also includes a market forecast cie- ment~ a plan for the downtown, a spe- cial study of an older indusuial corri- annexation areas. Each of-these ele- ments was prepared with input from affected interests which in the case of St. Cloud includes not only the City but the three counties of which it is a part and the four surrounding dries and several townships. The public pro.- cess emphasized openness and inch- ' Minnesota. Paxticipants included the Minnesota Department of Transporta- tiort, the eight county highway depart- menu, and eight dries within the counties. The benefits of proiect implementation were identified a~ 1) reduced taxpayer costs; 2) reduced environmental im- pacts; and 3) improved levels of ser- vice. In this era of doing more with less and promoting coordination in service delivery; this project is a model for our time. M~rk C, rim~, Ci~ of Goldm Mad, PA Program CommitW CI~ir Ov~ the past decade, Mark has been a Ieader in 'the state chapter-As Program Committee Chair,.he has put forth el- - fort and energy to owanize many of the events we have all enjoyed during. that rime. For tvolunteer with many other competing responsibilities, this is often a thankless job; The Chapter rec- ognizes ~ th .ar. ~.u~. Mark for his many Neighborhood Characterisfi~ public hearha, g notification, The mailed giesfor To~rron meetings which were held in the fail of 1995; These meet- ings were held in four different neigh- bothoods in the city and were well at- tended by the public. One way to achieve' the goal of in- creased public awareness was to ex- pand the distance in which surround. ingproperty owners receive mailed The Lakeville City Council, with the- assistance of the Community and Eco- nomic Development Department, has established a program intended to im- prove and expand the method of noti- fying the public of upcoming planning and land use actions. The need to increase public awareness of development proposals and planning acrions was identified during the four ' neighborhood Lala'villt Forums: Stratt. are then directed through a menu of pre. recorded messages and detailed information related to the specific project they are eMling about. The call- er is then invited to leave a message to t~o~vemore information if they desire. To the best of the City's knowledge, this method of public notification via signage and an automated telephone system is the. first of its kind in Minne- forward into the next century-- DirtMg~/shed Project Mt~rOlJolitm~ lnt~stat~ Comm~ Nort~ Miam, sota MaiaW. The goal of this project was to develop a strategic and implementation plan for the long term sharing and coordina- tion of roadway maintenance sites in the eight-county area of Northeastern siveness, which in turn fostered cooper, effort~ -: ' notification area has been exp.~ ation in the developmem of the Rnak' ' ~ ...... welbo ' /- -~'~lmm 35Ofeet to 500 feet for orelimi- proaucts, t~ecausemeptan~s ea-orga-,/t lwflllt l !~ IUeTITIITP'{:~ ~o*"""1-*- c,,nditionaluse,~'imits nized, even though it covers awealth / L~l~KIlkki; Ii~lllU/K,,~ '='!~' ....~ . r' ...' · unde~ v e~ ann rezonmg$. of topic areas, it~sclearan& . { · u~-~ ~ll~l Ir' u~'ell~! v~c~ standable and, perhaps m~t admita~ ~ IIl~ll~ VUDkI~ IIId I Itl- - {n conjunction with the increased mall- bly, notoverwhelming.' L ' .f eATlt~llcVS?£M ' ing a ofpu c notifica, on qd'u uvn .,, d signs were designed: The s~gns direct Thi.s plan provides the CitY.of St. qd'u ,vfl ~ ~, ~.r, · .... the public to call a 24-hour automated Cloud with an important tool to mo~ M' I:R~I{ I~#l~q', ~QAlt IR~IINB~ telpbone number (985-PLAN). Callers I0 Planning November 1996 P L A N N I N G P R A C T I C E Zoning on the Line At a time when traditional zoning is under attack from all sides, from property rights groups to new urbanists, preparing zoning codes has become a boutique industry. Almost no one, it seems, will settle for an off-the-shelf model. Two examples of the personalized approach follow: Kellearm Foster's multimedia visual zoning code and a neotraditional land plan created by Lennertz Coyle & Associates for a suburb of Portland, Oregon. Traditional or not, however, zoning codes must deal with all sorts of new uses, from drive-in coffee bars to topless car washes. The topic was dealt with in a recent APA Planning Commissioners Service audioconference, excerpted below. Finally, some comments on enabling legislation by Stuart Meck, A~cP, the principal investigator of APA's GROWING SMARTTM project. Most zoning ordi- nances follow the same clunky hat makes it dif- ficult to find cross-references to a particular topic. Until re- cently, the best we could do was to mark relevant sections with that wonderful invention, the yellow-sticky. But now the personal computer, loaded with the appropriate software, can do that and more. The ~visual interactive code' developed at Penn State al- lows communities to transform their existing regulations into a graphic representation of what they want to become. We've already tested the sys- tem in a rapidly developing rural area outside Pittsburgh. Now it's being used in an ur- ban setting in Pasadena, Cali- fornia. In both contexts, the purpose is the same: to make regulations easier to use and more effective in communi- cating the visual, spatial, and environmental implications of local policies. The VIC enables local gov- ernments to convert their reams of zoning regulations and plan- ning data into a single digital Lment that incorporates photographs, illustrations, video clips, and maps. Among its features are an index; in- stantaneous text searches to locate any word or phrase; cus- tom bookmarks to allow easy return to any part of an ordi- nance; and illustrative com- mentaries-pop-up windows that explain the code's legal text and are accompanied by visual images. Users simply click on a portion of the text or an icon to access graphic de- pictions of building setbacks, public spaces, tree planting standards, and so on. Gathering materials for the illustrative commentaries can be a community project. For instance, a town might hold a photography contest or ask lo- cal architects, landscape ar- chitects, and planners to pre- pare sketches or computer simulations, which could be presented at a series of public meetings. The illustrations and Explanations of the legal text are provided in the illustrative commentary window [below]. The visual interactive code had a test run in Allegheny County, Pennsylvania. explanatory text are inserted into a database from which the final multimedia visual code is processed. The format can be personalized with audio or video messages from local plan- ning officials, community lead- ers, and concerned citizens. Although an ordinance can be transformed into an inter- active format at any time, it is easiest to do so during an up- date or revision. The illustra- tions used to explain the revi- sion can then be used as pop-up commentaries in the new code. Our company, the Visual Interactive Communications Group, has designed the code so that its components can be created and maintained locally, using two da- tabases, Commentary Organizer and Media Queue, that we created using the popular data- base program, File- Maker Pro (all are trademarked). The in- formation organized in the databases is then sent to our company for processing into the VIC format, which is issued on a CD-ROM disk. The same steps are followed to update the code. Kelleann Foster Foster is an associate pro- fessor of landscape archi- tecture at Penn State Uni- versity in University Park, Pennsylvania. P L A N N I N G P R A C T I C E The hardest prob- lew lilasamYS Cn nhiet: 1 about the New Urbanism, 'is dealing with existing commu- nities that were never designed to be true neighborhoods.' His firm, Lennertz Co¥1e & Asso- ciates of Portland, Oregon, has tried to do just that in a new land plan for a nearby subur- ban town of about 10,000. Like many post-World War II suburbs, this one is less a place than an agglomeration of office parks, big-box stores, and circle-the-wagon subdivi- sions. While economically thriv- ing, the community does not work well as a town. Its streets are congested and its neigh° borhoods are disconnected, says Lennertz. After a long series of public meetings, the town's citi- zens decided they needed a drastically different master plan. The firm's principals are part of what might be called the good o1' town network. Lennertz was project manager during the start-up of Duany and Plater- Zyberk's Kentlands town project, and both he and part- ner Stephen Coyle are well- versed in the by-now sizeable body of new urbanist codes. 'But we didn't use them as a base,' says Lennertz. 'Rather they were inspirational.' The plarmen started by iden- tifying the town's existing dis- tricts, corridors, and neighbor- hoods, all of which will fall into one of eight proposed planning areas: neighborhood, neighbor: hood center, central retail dis- trict, workshop industrial dis- trict, campus district, large-scale A neotraditional plan now undar consideration bya Portland suburb would allow the replacement of strip shopping with neighborhood centers like this. industrial district, corridor edge residential, and corridor com- mercial center. Bach area gets its own standards for block size, lot coverage and lot size, and 13 allowable buildin~ types. Uses, heights, building orientation, al- lowable encroachments, and pedestrian access are all detailed. These prescriptive standards consider streets and building types in the context of overall development, not as piecemeal functions. 'We created a code language that focuses on the concept of compatible build- inS types rather than uses,' explains Lennertz~ The finn focused on those sections of town where some elements of neighborhood al- ready exist--areas that have defined edges, are separated by corridors, and are within roughly a half-mile of a neighborhood center that often essential ser- vices and other public uses. How does one restore what the plan calls 'authentic neigh- borhoods' in a postwar car town? Lennertz notes that in a perverse way suburban driv- ers are already focused on the public realm--the street. The trick now is to make the street into an attractive place for people, not just cars, a place where as the planners put it, 'the bonds of community are more likely to form.' The way to do that, they say, is to control street width, building mass, and roadside de- sign. The plan includes detailed architectural standards (design principles and building materi- als, applications, and require- ments). Storefronts must face the street. Signage is to be re- strained to a scale decipherable by people passing at four miles an hour rather than z~0, and off- street parking is relegated to the back and middle of blocks. For newly developed parts of town, the plan allows three types of streets: corridor edge streets, neighborhood connec- tors, and general neighborhood or 28-foot-wide local streets. Noting that most postwar sub- divisions have far too few streets, the plan urges that still more be built--most of them secondary streets connecting neighborhood centers. Overall, the plan is not a blueprint for an ideal town, but a manual for making a better one. Compared with many new urbanist plans, it is less a radical departure than a sensible compromise. The de- sign standard for commercial storefronts urges that entrances be 'every 50 feet when pos- sible'--less frequent than the m~mum found in cozy tradi- tional shopping streets, but ap- propriate to a commercial en- vironment scaled to the car rather than the stroller. And the allowed residential lot size of 3,500-7,000 square feet is big enough for conventional developers to squeeze in a nice profit margin. The plan is intended to ap- ply only to new construction. But new construction doesn't always need new land {this town is about 80 percent built out}. Lennertz points out that the standard postwar suburb is so land-inefficient that a new town could be built in the in- terstices of an old one. A start, he Says, would be to build ac- cessory housing units above garages in existing neighbor- hoods, as the plan allows. Park- ing lots could also become sites for new street-centered, mixed- ' use buildings. James Krohe fr. Krohe is a writer in Portland who specializes in land-use issues. 12 Planning November 1996 P L A N N I N G P R A C T I C E 'Who would have thought ora drive-in coffee bar 10 years ago?' Vabhat do you do ut new uses?' at was the question on the table at a Sep- tember audioconference sport- sored by APA's Planning Com- missioners Service. Here's an excerpt: Stuart Meck, AICP [modera- tor]. 'Does a community have to allow every use within its boundaries?' Mark Wycoff, AICP [Plan- ning & Zoning Institute, Lan- sing, Michigan]. Most zoning ordinances have a provision saying that all uses are pr.o- hibited unless they're ex- pressly permitted. But the municipality ought to take the initiative to research the use and then determine appropri- ate zones and then initiate a text change and/or the rezon- lng necessary to deal with it.. ·. In some communities, the planning commission or the zoning board of appeals is re- sponsible for classifying un- listed land uses. But this could be construed as a legislative action and might not be le- gally permissible. So if you attempt to do it that way, be sure you get legal advice. Frank Bangs [Levois & Roca, Tucson/. If a community has taken a laundry list approach to describing uses, it's likely that the existing descriptions will cover the new use. But there are going to be situations where existing terminolosy sim- ply doesn't cover a proposed use, and in those instances it's better to approach it through a text amendment rather than to try to. bend the definition through interpretations or ap- peals to the board adjustment. Christopher Duerksen [Clarion Associates, Denver]. A commu- nity simply can't anticipate all the new types of businesses and uses that seem to spring up these days. Who would have thought of a drive-in coffee bar 10 years ago? But it takes a lot of time to amend an ordinance or do a text change, and people want to do business, and plan- ners want to encourag~ them. I see an ordinance that says what uses you want to prohibit in a district instead of saying what's allowed. You could allow some uses that aren't listed but tha~ have characteristics similar tc permitted uses. And you coulc include hours of operation ant other attributes of the permit- ted uses so that a staff member could decide whether the pro- posed use fits or not. That way a community Call be more flex- ible in reacting to proposals for new businesses that they may want to accommodate. For details about the next audioconference, scheduled for December 4, contact APA educa- tion manager Carolyn Torma in the Chicago office. Audiotape train. lng packages are available through the Planners Book Service. Revising your ordinance? Keep those standards short, says California planner Charles Lerable, author ora 1995 Planning Advisor~ Service report called Preparing a Conventional Zoning Ordinance./PAS Report No. 460 is available for $34 plus shipping and handling from APA's Planners Book Service.} P L A N N I N G P R A C T I C E 13 V?ually all of the state ning--as opposed to lanning--statutes de- scend from the Standard State Zoning Enabling Act that was drafted by an advisory com- mittee of the U.S. Department of Commerce in the 1920s. The committee's model law focused on urban conflicts--between industrial and residential uses, for instance. Their legal ratio- nale was the need to control 'nuisances' and systematically protect the public from harm. Over the years, zoning's fo- cus has broadened and regula- tions have become far more complex. Local governments, sometimes with the participa- tion of the state, have tried to use zoning to solve thorny en- vironmental problems, create open space, exact improve- ments, and preserve agricul- tural land. The line between protecting the public from harm and securing public benefits has begun to blur. We have been reviewing state enabling laws as part of the third phase of APA's GROW- ING SMArT'project, which will begin next year, We are find- lng many provisions concern- ing specific uses, something that was not contemplated by the 1920s advisory committee. Statutes now include sections on the regulation of day care State enabling laws are ripe for rev/s/on, says Smart Meck. centers, group homes, agricul- ture (typically an exemption from local regulation), and manufactured housing. Often these provisions are responses to special interest groups; others respond to fed- eral statutes such as the Fair Housing Act Amendments of 1988. Some enabling acts au- thorize local governments to provide incentives for afford- able housing such as density bonuses, while others contain detailed specifications for the review of site plans and planned unit developments. In contrast, the original zoning enabling act was almost entirely proce- dural, with few if any substan- tive requirements. The 1920s enabling act was also silent on such procedural niceties as notification of neigh- boring property owners and making information about pend- ing development proposals available for review before zon- ing hearings. The existence of the Internet, on which notices and other information can be placed as part of a local government's home page, opens up new opportunities for citi- zen involvement in develop- ment decisions. One area sure to be addressed in the APA review is the board of zoning appeals or adjustment. The BZA was supposed to be a 'safety valve' to respond to the pressure of practical difficul- ties in the administration of regu- lations, but in most places it has turned into a back-door way of authorizing what the zoning ordinance prohibits. A number of states have ex- pressly barred zoning boards from granting use variances, which in effect amend the zon- ing code. Contending the insti- tution itself is fatally flawed, some critics have advocated doing away with the board en- t/rely and replacing it with a single hearing examiner, a trained individual who would hear and decide appeals and be solely accountable for decisions. Regulatory streamlining is an- other issue. Applicants for de- velopment permission in com- munities may find that they need to run a' gauntlet of deci- sion-making bodies ranging from the planning commission to a design review commission, each reviewing a discrete component of the proposal sequentially rather than simultaneously. The presence of these many layers and steps was a mutation not anticipated in the 1920s. Statements of purpose will need reexamination as well. The model enabling act said one purpose of a zoning code is to avoid 'undue concentra- tions of population' -language that could be used to justify the continuation of low-den- si('y suburban development. Stuart Meck, Meck is the principal investigator for APA's G~ow~c S,'axRa'~ project. NOVEMBER 1996 AMERICAN PLANNING ASSOCIATION Zoning and Big Box Religion By Jim Schwab, AICP If a society's religious practices in some way reflect its values and lifestyles, recent trends on the church scene should be no surprise. After all, neighborhood grocery stores have succumbed to large chains. Small independent retail stores have succumbed to the Wal-Marts, the Kmarts, and the category killers. Entertainment, sports, and numerous other enterprises have grown in size in the last half-century. Who would expect organized religion to be any different? But we do expect it to be different, in part because churches and synagogues are often seen as repositories of timeless values and as central factors in anchoring the moral life of a neighborhood. Since the advent of zoning, our prevailing concepts of religious institutions have led communities to allow religious institutions by right as permitted uses in residential Modern music and the'atricali~y are part of the megachurch appeal neighborhoods. The expectation that churches would have few or no detrimental impacts on surrounding properties was largely based on tradition. Whether in small towns or urban areas, churches and synagogues were off-hours attractions for people who, as often as not, walked m services. During the week, youth groups were deemed desirable because they kept youngsters off ' In a growing number ofcommunitie~ churches, once among the most desirable land uses in a community, ' have beCOme the newest /not-in-my-back-yard the streets and away from questionable activities. Overall, the presence of thriving churches tended to reassure residents that their neighbors had sound moral values. Today, however, new churches, particularly in certain suburban areas, are often big and busy. Many so-called ~megachurches' may draw only minimally from the surrounding neighborhood for their membership of thousands, most of whom will drive to services from as far as 50 miles away. Activities flourish all week long, and the traffic seems never to cease. In a growing number of communities, churches, once among the most desirable land uses in a community, have become the newest not-in-my-back-yard (NIMBY) land use. At the same time, because of First Amendment considerations, rejecting their proposals for siting or expansion can land a municipality in court. The issue is poignant enough that, on October 15, 1996, the U.S. Supreme Court accepted a zoning case from Texas that challenges the constitutionality of a recendy enacted federal law dealing with religious freedom. This issue of Zoning News discusses both the big box trend in religious institutions and the constitutional issues surrounding the Religious Freedom Restoration Act of 1993. What Is a M®gachurch? Megachurches do not yet have a precise or official definition. The term can almost be used as a pejorative by detractors, and communities tend to know one when they see one. But megachurches have received a good deal of attention from both religious leaders and zoning officials. On the religious side, they represent a major response to the spiritual needs of those baby boomers whom author Wade Clark Roof, a professor of religiofi and society at the Universiry of California at Santa Barbara, has called A Generation of Seekers (New York: HarperCollins, 1993). Often breaking with the traditional religion of their parents in the 1960s and acquainted with a variety of New Age spiritual quests in the-1970s, these now-middle-aged adults often are turning to a variety of church settings of their own making, some fundamentalist and conservative, others with rather fluid theologies and worship styles. Many of these churches are nondenominational, a factor that usually increases their appeal. Their members tend to eschew old geographical links to neighborhood-based parishes in favor of shopping for churches much as they travel to malls and big box retail outlets. The churches make a committed use of all the newest technological and marketing devices in their efforts to provide a more modern worship experience. Far more than traditional congregations, these churches, as noted by Charles Trueheart in The Atlantic Monthly ("Welcome to the Next Church," August 1996), embrace the use of theatrical and multimedia techniques, entertaining approaches to worship, and modern musical styles that, in Trueheart's words, often resemble the top 40. The result of this appeal is what concerns some local planners. Traditional assumptions about impacts on surrounding land uses have become obsolete. Chicago Tribune reporter Steven Lee may have summed it up best with an October 6 article headlined, "Not all rejoice when a church opens next door." When a facility like Willow Creek Community Church in South Bartington, Illinois, a northwest Chicago suburb, has 15,000 people attending Sunday services, parking needs far outstrip those envisioned in traditional Euclidean zoning laws. The decibel levels of thousands of people singing may intrude on the serenity of a quiet neighborhood. Outdoor lighting can become the focus of complaints. Other grievances can surface from time to time. Willow Creek sidestepped such issues by buying enough land in 1981 before other development arrived, says communications director Paul Braoudakis. Other churches are not always able to do this. The trend is national. From Trucheart's artide alone, one can identify at least four regional centers where this development is occurring--the suburbs of Chicago and the Twin Cities, Southern California, and parts of Texas, including Dallas. A thorough survey would almost certainly identify others. Although historian R. Laurence Moore, the author of Selling God: American Religion in the Marketplace of Culture (New York Oxford University Press, 1994), notes that megachurches originated in urban centers as long ago as the 1920s, Southern California helped pioneer the modem, more suburban trend with Dr. Robert Schuller's Crystal Cathedral in Garden Grove. ' Not all megachurches po~ land-use problem~ or even attract 'much notice. Many use nontraditional buildings for their services, and many also start as something a bit smaller. For instance, Ttueheatt mentions the Saddleback Valley Community Church near Mission Viejo, California, a relatively new planned community. Saddleback began by using a high school and has more recendy moved to an industrial building in an unincorporated area of Orange County. Another congregation in the area is currendy using a movie theater. Part of the Schuller legacy is that his congregation began in an outdoor movie theater. Defining megachurches is a matter of degree related to size, and churches evolve and grow (or shrink) over time, as is noted by Rev. Lyle E. Schaller, a veteran church scholar and former city planner who has published some two dozen books on the subject. For zoning officials, these changes pose many opportunities for discussion, negotiation, and compromise, and local ministerial associations are usually highly cooperative. ~-~ Fostering goodwill within their communities is generally high on their list of values. Changing Times Nonetheless, notes Robert Kosin, director of administration for the Chicago suburb of Barrington Hills, even traditional churches have begun to encounter previously unanticipated opposition when planning expansion. In part, he says, that is because residents have begun to see the area's first megachurches as a "harbinger of things to come." South Barrington is an adjoining suburb, and residents of both communities have taken note of Willow Creek's impact on the area. In Tmeheart's article, Pastor William Hybels describes Willow Creek as having attracted "two percent of market share" of the two million people within an hour's drive. Although a large institution, Marinen Church in Newport Beach, Cali)~raia, has raised no problems because it is on a relatively isolated site in an industrial area. More recently, Barrington Hill~ became the home of Life Changer~ International Church, a 22,000-square-foot facility sitting on 15 acres. Life Changers has tangled with the city in court, winning in September a stay of the city's denial of a certificate of occupancy while part of the building was being completed. Kosin ~ay~ the new congregation's bigger impact was that it triggered a rea~se~ment by the community of its traditional zoning of all kinds of institutional uses. Incorporated in 1957, Barrington Hills simply adopted Cook County's zoning then in effect, which permitted institutional uses in residential zones. The village never reexamined that practice until Life Changers applied for building permits. It subsequently changed its zoning to make institutional use,, including churches, special uses, so that in the future it could assess the impact of such facilities before establishing permit conditions for parking, road access, outdoor lighting, and other land-use issues. Throughout Chicago's suburbs, particularly in gro~', ng areas to the west and northwest where the trend is most vtsible. ,~ther communities are reassessing institutional zoning. The most common solution is the change from permitted to special uses, but others are being tried. In Des Plaines, the location of a relatively small new church in a "country atmosphere" residential area with streets lacking curb and gutter improvements has attracted complaints from neighbors about the members' use of street parking. The village has upgraded its parking standards from just one space per 10 seats to one per four, according to community development director Michael Donofrio. Those, of course, are proactive solutions. More difficult controversies often emerge over applications for exp~nsions and accessory uses, the latter cases often drawing communities into legally dangerous territory of determining what activities actually constitute religious expression. Reactions to megachurches are still far from universal. In Irving, Texas, the home of several megachurches, including the Fellowship of Las Co!inas, community development manager Steve Reed says the city has found no need to revisit its regulations, which allow churches by right in all except industrial districts. However, Irving's parking regulations require one space for every 3.5 seats in a church's main auditorium, and some expanding downtown churches have had to find additional parking as a result. Others along major freeways, including Las Colinas, have had ample land for such purposes, Reed adds. Newport Beach, California, is the home of Mariners Church and St. Andrew's Presbyterian, both large institutions. Mariners, says planning director Sharon Temple, "has raised no problems because it is on a relatively isolated site in an industrial area." But the city has placed all churches into the ~governmental, educational, and institutional" general plan category and is limiting them to 2,500 square feet in commercial areas as part of a current comprehensive plan update. The reason, accord- ing to Temple, is to allow small storefront start-ups but then require them to find an appropriate site once they need a freestanding facility. There are limits to the kinds of land-use regulations communities can and should impose, regardless of size. For example, Kosin thinks design review can be highly problematic. He says recent developments have made him more aware of the ways in which faith dictates design for many religions, including those less familiar to most Americans, such as Hindu temples. Architectural features are to varying degrees symbolic statements of faith and pose an inherent conflict between church and state for any community trying to regulate them. Historic landmarking of older churches poses fewer legal problems but has nonetheless been the basis of more than a few legal battles. However, that issue is unlikely to affect the newer megachurcbes for some time to come. Constitutional Issues For zoning purposes, the COnstitutional guarantee of freedom of religion most clearly distinguishes religious from other institutional uses. The First Amendment places a greater burden on government to justify regulations that may interfere with the free exercise of religion than to justify other kinds of uses of the police power. As long as most communities permitted religious uses by right in residential districts, however, the potential for legal conflict was largely limited to discrimination against minority religions, which usually earned the offending governmental unit a rebuke in court. The most significant new development in this area was the passage in 1993 of the Religious Freedom Restoration Act (Public Law 103-141), which sought to reverse the impact of a decision by the U.S. Supreme Court on April 17, 1990, in Employment Division v. Smith, 494 U.S. 872 (1990). That case involved a member of the Native American Church who was denied unemployment benefits by the state of Oregon after being dismissed from his job for the sacramental use of peyote. Smith contended that the First Amendment protected this use. In the majority opinion, however, Justice Antonin Scalia wrote that prohibiting the exercise of religion did not violate the First Amendment if it was merely the incidental effect of a generally applicable and otherwise valid law or regulation. The significance of that holding extended far beyond its effect on drug laws and moved a wide-ranging coalition of religious organizations into action. By November 1993, the Religious Freedom Restoration Act (RFRA) passed the Senate almost unanimously and was signed into law by President Clinton. RFRA's primary effect was to restore the compelling interest test regarding religious freedom established in Sherbert v. Vetoer, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972). The law includes among its findings that: "laws 'neutral' toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise." Section 3(b) provides the new litmus test: Exception: Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person-- (1) is in furtherance ora compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. RFRA's impact was immediate, reversing the Supreme Court position that relied heavily on the issue of whether a violation of religious freedom had also violated the Fourteenth Amendment's equal protection clause. The Religious Freedom Home Page (http://www. northshore.shore.net/rf), sponsored by the Boston-based Christian Science Committee on Publication, maintains an updated list of court decisions citing RFRA and summarizing their holdings. To date, according to this list, courts have cited RFRA in about 60 cases. The most frequently recurring conflicts occur in somewhat predictable areas: prisoners' rights, education, and employment discrimination. Relatively few, however, relate to zoning or other land-use controls. Kosin suggests that this is partly because few people have yet come to terms with the law's impact on the regulation of religious land uses. The cases so far involve a mixed track record for local land-use regulation. In Jesus Center v. Farmington Hills Zoning Board of Appeals, 544 N.W.2d 698 (1996), 48 ZD 229, the court found under RFRA that a church's operation of a homeless shelter as an accessory use constitutes a religious exercise and that the community could only go so far as to establish guidelines for its operation, but could not ban itor force its relocation. But a federal district court in Daytona Rescue Mission, Inc. v. City of Daytona Beach, 885 F.Supp. 1554 (1995), 48 ZD 2, found that the city could validly decide that such accessory uses were inappropriate. But in mid-October, the U.S. Supreme Court accepted what appears to be a rest case of RFRA's constitutionality (Flores v. City of Boerne, 73 F.3d 1352 [5th Cir., 1996]). The issue is whether Congress overstepped its prerogatives by prescribing the standards for constitutional review. The city of Boerne, Texas, is making that claim in a zoning case where the Roman Catholic archdiocese of San Antonio is alleging that the cirVs denial of a permit to expand a historic church violates the act. The city tried to apply its landmark ordinance ro block any alteration or expansion. Although the trial court ruled RFRA unconstitutional, the Fifth Circuit reversed. The outcome of this CaSe probably will have to wait until next spring. But it seems likely that the disposition of zoning issues will remain mixed, much as it does with other First Amendment issues, simply because some local governments will go too far and others will regulate appropriately within established constitutional constraints. As with other First Amendment issues such as adult uses, signage, and the right of assembly, the burden is on government to document the validity of its regulations in furthering a legitimate and compelling public interest. Most of the serious concerns raised by megachurches involve impacts that have been addressed adequately in other contexts--traffic, noise, lighting, signage, access, and parking. It is clear that many of these impacts raise doubts about the appropriateness of permitting these uses by right in residential zones, but that does not mean that they can or should be excluded from a community entirely, or even excluded from residential, areas under all circumstances. In reality, many rapidly growing but struggling new congregations find nonresidential areas more inviting simply because land prices may be lower. The bottom line is to document that local regulations are not bans on constitutionally sanctioned religious activity but reasonable restrictions concerning time, place, and manner of expression--and to follow the bouncing ball of recent decisions in the courts and Congress. Abortion and Zoning Meet in Wichita A single-family residence that an antiabortion group sought to turn into a counseling clinic set offa long-running Wichita controversy that the city council finally resolved this spring. The home, now owned by Serving Women in Crisis, Inc. (SWC), is next m an abortion clinic operated by Dr. George Tiller. On April 2, the Wichita city council cleared the way for a contentious zoning change to allow SWC to proceed with its plans when it voted to drop an appeal it had filed with the Kansas Court of Appeals. The council had previously denied the zoning change, causing SWC to file suit. The trial court summarily found the council's actions to be arbitrasy and discriminatory, and the council appealed. Between the appeal · Zoning lgeu, s is a monthly nes~h.qxec pubt;_a~4~ ~ by the American Planning Auociarioo. Subscriptions are available for $50 (U.S.) and $65 (fotei~). Frank S. So. Executive Director, William IL Klein, Director of Rematch. Zoning New~ is produced at APA. Jim Schwab, Fa:limn Chti~ Burke, Fay Dohich, Michelle Gregory, Sanjay Jeer, Megan Lesds, Dong Martin, Marya Morris, Mar~in Roupe, Aaron Sheffey, Lama Thompson, Relmrte~; Cynthia Chesld./u~istant Editor' Lisa Barton, Design and Production. Copyright © 1996 by American Planning Association, 122 $. Michigan Ave., Suite 1600, Chicago, IL 60603. The American Plannin$ Association hat headquattev~ offices at 1776 Massachusetts Ave., N.W., Washington. DC 20036. All rights reserved. No part of thLs publication may be reproduced ot utilized in any form or by any mean& electronic or mechanical including photocopying, recording, or by any information storage and rertievel system, without permitaion in writing from the American Planning Association. Printecl on recycled paper, including 50-70% recycled fiber and 10% postconsumer waste. ~ 4 and this spring's vote, however, the council changed from Democratic to Republican hands. Tiller's clinic has been the target of massive protests in recent years, and when SWC bought the home in early 1994, ~ controversy ensued. SWC requested a zoning change from "A" residential to ~LC" light commercial to allow its clinic m operate, and the Wichita Metropolitan Area Planning Department recommended approval. In February 1994, however, the Metropolitan Area Planning Commission (MA_PC) denied the change on the bases of increased traffic, deterioration of available parking, and the noise nuisance caused by antiabortion protesters. MAPC sent the case to the city council, which in turn remanded it on March 8 for reconsideration. MAPC approved the change, sending it back to the council, which then denied it. SWC filed suit on May 1 I, and on January 6, 1995, the Kansas district com-t sided with SWC. The council appealed that decision, but later dropped the appeal, clearing the way for the zoning change and the new clinic. In his ruling, Judge Carl Friedel made it clear that the issues facing the court were not the morality of'abortion or the rights of protesters to picket Tiller's clinic. Instead, he noted, "IT]he sole issue to be decided by the court is whether the city's denial of plaintiff's rezoning application was reasonable as a matter of law." Friedel attacked every point the council had used as a basis for its judgment. Neighborhood opposition was deemed noteworthy, but not ~legally sufficient" to obstruct the zoning change because the decision should be guided by the benefit or harm to the community at large. Additionally, concerning neighbors' opposition based on nuisance, the court observed that the presence or absence of the counseling center would not affect the protesters who were already at Tiller's clinic. Because the uses on the same block were moving from residential to commercial, the court saw opposition based on changes in neighborhood character as a moot point. The court went so far as to note that denying the change based on the contiguity of commercial and residential uses would 'condemn" similar previous changes. Potentially the most important point in terms of zoning law revolves around use. The court noted that there was no substantial evidence of any 'nexns" between the proposed use and detriment to the community at large. The change could not be denied based on use when there were no substantive factors lending themselves to this decision. By summer, SWC had not yet made any changes to the property or begun any activity. Aaron B. Sheffey Chicago Reins in Yard hies Garage and yard sales are causing more consternation than in the past among Chicago-area residents, many of whom no longer are tolerant of their neighbors' penchant for selling odds and ends. Chicago recendy joined many of irs neighboring suburbs, which have passed a variety of restrictions over the years, by enacting an ordinance limiting homeowners to two such sales a year, for which they must obtain permits. The measure, which took effect on October 1, sets fines of $50 to $500 per violation. The permits themselves are free from the city's Department of Streets and Sanitation. Jim Schwab Page 2 -- November 1996 z.a. First Amendment -- Billboard owner says offsite-sign ban restricts free speech Acl~erley Communications of Massachusetts Inc. v. City of Cambridge, 88 E3d 33 (Massachusetts) 1996 Ackerley Communications of Massachusetts Inc. was in the billboard busi- ness for more than 100 years. Among its stock of billboards, it had 46 "offsite" signs in the city of Cambridge. Offsit¢ sign. s included freestanding signs and ones attached to buildings that had messages with no relevance to activities in the building (e.g., "Great Gifts at Kappy's Liquors" on a sign attached to Joe's Hardware). An onsite sign had a message identifying the occupant of a pre- raises ("Joe's Hardware") or the goods and services available there ("Budweiser Beer" displayed at a bar). in 1991, the city amended its zoning ordinance. Signs on rooftops, free- standing signs larger than 30 square feet, wall signs larger than 60 square feet, and projecting signs larger than l0 square feet all had to be removed after a four-year grace period. In defining which signs had to come down, the ordi- nance didn't distinguish between commercial and noncommercial messages. However, under its "substitution provision" permitted signs could have any noncommercial message. When they amended the ordinance, city officials knew that when combined with state law, the ordinance regulated only offsite messages (those identifying a business, good or service that had nothing to do with the premises). This was because state law mandated grandfather protection for nonconforming uses, but excepted from that protection signs subject to the state Outdoor Advertis- ing Board's jurisdiction. (The board regulated offsite signs.) Recognizing the interplay between the ordinance and state law, the ordi- nance stated offsite signs more negatively impacted the area because they were bigger, higher, less attractive, and more intrusive, it also stated signs that iden- tified things about a property, and signs that displayed noncommercial mes- sages, served Ihe public interest. Because all its signs fit into at least one of the ordinance's categories, the company would have to remove them all. From the time the ordinance amend- ment wenl into effect, the company put only noncommercial messages on its billboards in an effort to get First Amendment protection for them. After the four-year grace period, the city told the company to take down its signs. The company sued Ihe city. The company asked for a preliminary order to stop the city from cufi~rcing the ordinance while the case was pending. Accord- ing lo Ihe company, the ordinance favored nonconforming signs with commer- cial mcssagc.~ over those wilh noncommercial messages, so it violated lhe First Amendment. The courl denied lhe company's request, finding the company didn't show it was likely 1o win the case. The court said the ordinance didn't make distinctions between commercial and noncommercial messages. Instead, it distinguished between onsite and offsite signs. g.a. November 1996 -- Page 3 The company appealed. Both parties asked the appeals court to make a final decision, saying there were no further factual issues -- only a legal one. DECISION: Reversed and sent back to the trial court. The lower court improperly denied the order the company requested. Enforcement of the ordinance violated the First Amendment, so the city was not allowed to do so. The appeals court did not base its decision on the onsite/ offsite distinction, though. Instead, it found the ordinance could not be enforced because, in conjunction with the state law, it impermissibly distinguished between different types of noncommercial speech, Distinguishing between different types of nonconforming, noncommercial speech was not allowed under the First Amendment. The only types of non- commercial speech the ordinance would allow were those that related to activi- ties on the premises, so only nonprofit entities would be allowed to put up signs. Forms of expression such as political speech would be disfavored, result- ing in a sign that said "Remember to Vote" being forced to come down while a sign that identified the public library could stay up. Because this was effec- tively a content-based restriction, the city could not enforce the ordinance as written. The city might have a better case if it banned all signs and then created a limited exception for signs that identified buildings. The exception could be based on the concept that such signs served a need that couldn't be met any other way, much like traffic and safety signs. Editor's note: In 1989, the same court decided a similar case Ackerley Com- munications brought against Cambridge's neighbor, the city of Somerville, Mass. The court decided Somerville's sign ordinance violated the First Amendment. The case wasAckerley Communications of Massachusetts v. City of Somerville, 878 F.2d 513 (1989). Metromedia Inc. v. San Diego, 453 U.S. 490, 101 S. Ct. 2882, 69 L.Ed.2d SOO (1981). First Amendment-- Ordinance would require relocation of store that sells sexually explicit materials Z~I. Gifts D-2, L.L.C. v. City of Aurora, 932 F. Supp. 1256 (Colorado) 1996 Z.J. Gifts D-2, L.L.C. was an Oklahoma partnership that operated a store called Christie's in the city of Aurora, Colo. The store, which had been open since October 1993, was in a commercial retail zone. it sold and rented sexually explicit videotapes. It also sold lingerie, magazines with sexually explicit content and sexually oriented novelties. Every- thing the store sold or rented was for offsite use. In January 1994, the city adopted an ordinance that prohibited operation of sexually oriented businesses without an appropriate license from the city. All such businesses were to be confined to industrial zones. Since the city consid- ered Christie's to be a sexually oriented business, it said Christie's had to relo- cate to an industrial zone. The reason the city enacted the ordinance was to minimize the adverse effects associated with such businesses, including reduction in property values, Page 4 -- November 1996 z.a. spread of sexually transmitted diseases and crime. Before enacting the ordi- nance, the city reviewed research thai indicated sexually oriented businesses aggravated prostitution, child pornography, illegal drug activity, and other crimes, it also reviewed studies by real estate appraisers that linked sexually cxplicil businesses with reduced property values. All the research on which thc city relied dealt mainly with adult entertainment, including erotic dancing, sexu- ally explicit movie theaters and adult book stores that had peep, show facilities. Thc business sued, claiming the ordinance violated its First and 14th Amend- ment free speech rights, as well as its rights under the Colorado constitution. The city sued to get an order that would prevent Christie's from operating out- side an industrial zone. The business and the city both asked for judgment without a trial. DECISION: Judgment granted for the business. The ordinance violated the business's free speech rights because it sought to suppress the sexual messages in the store's inventory. The city had plenty of evidence to support its contention that adult enter- tainment establishments reduced property values and aggravated crime. The ordinance Iherefore served a legitimate government interest in seeking to miti- gate the adverse effects of adult entertainment. Bul Chris!ie's didn't offer adult entertainment; ali its products were sold or rented fin offsite use. As an analogy, the court pointed to liquor-license require- ments, which didn't apply the same to bars as to liquor stores. Nor could towns regulate sports arenas as they did sporting goods stores. The establishments addressed in the studies the city reviewed were so dif- ferent from the store's that the city couldn't use them to claim Christie's adversely affected the neighborhood. And if the city couldn't claim that, then any attempt to apply the ordinance to Christie's had to be considered an attempt to limit the sexual message of the store's inventory. Doing so violated the business's free speech rights under the U.S. Constitution. · The city could use far less restrictive measures to mitigate any adverse effects Christie's might cause, like prohibiting window displays of"indecent" materials, or prohibiting sale of such items to minors. It could not force the store to move to an industrial zone. ILQ lnvestments Inc. v. City of Rochester, 816 ESupp. 516 (1993). Adult Entertainment-- Was establishment substantially complete before moratorium was enacted? Steam th'at Inc. ~: Silva, 646 N. Y.S. 2d 537 (New York) 1996 In August It,~4, Slcam ileal Inc. began building an' adult entertainment eslablishmcn~ m Ihooklyn. It had most, but not all, of the necessary construc- tion pcrmils. In November 1994, an amendment lo the New York City Zoning Resolution established a one-year moratorium on the opening of new adult entertainment establishmenls. Under thc resolution, permits for work that had not been done before Ihe moratorium's enactment automatically lapsed. Developers could Z.B. November 1996 -- Page 5 renew them by applying within 30 days of the lapse to the Board of Standards and Appeals. The board would then determine whether construction was sub- stantially complete to justify a permit renewal. Steam Heat never applied to the board for renewal of its permits, and con- tinued construction. The city of New York Department of Buildings contacted Steam Heat and asked it for evidence that construction was substantially com- plete. After reviewing the evidence, the department determined it was, and renewed Steam Heat's permits. Steam Heat opened on April 21, 1995. Brooklyn's borough president appealed the department's determination to the board. The board held public hearings and visited Steam Heat's premises, considering for permit-renewal purposes only the portion of the premises related directly to the adult entertainment usc: qne-third. Board members noted the construction related to the adult entertainment use was of the "most basic and impermanent nature with rudimentary detailing and flimsy and inexpensive materials." Therefore, the board found, Steam Heat hadn't substantially completed construction or made substantial expenditures before the moratorium was enacted -- it had no vested right to get new permits and open for business. Further, the board said the department did not have thc authority to renew Steam Heat's permits. Steam Heat asked a court to review the board's decision. Thc city asked the court for a temporary order that would close thc establishment. Steam Heat claimed the board didn't have exclusive authority to decide whether its rights had vested and whether its permits could bc renewed. It also claimed there wasn't enough evidence to support thc board's finding that con- struction wasn't substantially complete. Thc court dismissed Steam Heat's appeal. Since it found Steam Heat was operating in violation of zoning regulations (because it had no vested rights in its permits), the court granted thc city's request for a closing order. Steam Heat appealed. DECISION: Affirmed. Steam Heat wasn't entitled to permit renewals because it hadn't substantially completed construction or made substantial expenditures on the establishment. The board had enough evidence to support its decision, it was allowed to consider only the one-third of the premises related directly to thc adult enter- tainment use. Although evidence regarding Steam Heat's expenditures was inconclusive, the board could also rely on evidence regarding construction. Board members visited the premises five months after Steam Heat claimed construction was complete, and found them to be "impermanent," "flimsy" and "inexpensive." This and other evidence proved construction wasn't so com- plete that Steam Heat was entitled to vested rights in ils permits. The department shouldn't have renewed Steam tleat's permits in the first place because it didn't have the authority. The city's zoning resolution clearly required that applications to renew building permits had to b~made to the board. Matter of Eilington Construction .Corp. v. Zoning ~rd of Appeals of Incorporated Village of New ttempstead, 564 N.Y.S. 2d Page 2 -- December 15, 1996 g.a. Adult Entertainment -- Club owner challenges buffer zone requirement Vicary v. City of Corona, 935 ESupp. 1083 (California) 1996 Vicary owned a combination sports bar/country and western bar called Angels on Sixth Street in the city of Corona, Calif. When she first bought the bar, the city restricted live adult entertainment to commercial areas and re- quired a conditional use permit. In 1993, the city passed a moratorium on new adult entertainment businesses. Vicary said Angels was losing money so she decided to offer topless adult entertainment. In 1994, she told the city of her plans to make Angels a ~topless bar. Apparently, the city indicated it disapproved. The next year, the city adopted new restrictions on adult entertainment, confining them to heavy manufacturing zones and requiring they be at least 750 feet from any residential zone, measured from lot line to lot line. The ordinance stated "crime rates appear to be higher" in residential areas near sexually oriented businesses than in commercial or industrial areas near such businesses, and a buffer was necessary to lessen the effect. However, the city did not determine whether the crime rate in Corona or nearby communities was affected by sexually oriented businesses or whether a buffer zone affected the rate. The city said Vicary's proposal did not meet the ordinance's 750-foot buffer requirement because two mobile home parks were within 750 feet of Angels' property line. One park was on the other side of Sixth Street, 250 feet from Angels' building, and the other was 400 feet from Angels' property line on the same side of the street. Vicary pointed out Sixth Street was a well traveled four-lane highway with an 80-foot-wide median, neither mobile home park was directly acces- sible from Sixth Street, and both parks had walls around them. She also noted the first mobile home park was hidden from Sixth Street. by trees and thick vegetation; the other was separated from Angels by a warehouse and a gar- bage truck storage yard. Vicary did not apply for a conditional use permit or variance, instead, she went to court to get an order that would prevent the city from enforcing the buffer zone against her proposal. She claimed the city passed the ordinance to block her from offering topless dancing. In addition, she claimed the buffer- zone requirement did not leave her a reasonable opportunity to relocate the business in Corona. As a result, she said, the ordinance violated her First Amendment right to free speech. The city argued Ihe buffer-zone requirement did not.violate the First Amendmenl because it was a content-neutral time, place and manner regula- tion. Thc oily said ihcrc were 27 available sties in Corona where Vicary could opcralc her proposed business in compliance with the ordinance. DECISION: Order granted. Though the buffer-zone requirement was constitutional, the city could not enforce it to block Vicary's proposed topless bar. z.a. December 15, i'~96 -- Page 3 The buffer-zone requirement was constitutional. The city's concern about public safety associated with sexually related entertainment was a proper goal of zoning, and the ordinance was narrowly tailored to promote that goal. It would be unconstitutional to apply the 750-foot requirement to block Vicary's proposal. Several barriers already separated Angels from the mobile home parks. These barriers satisfied the ordinance's purposes, so applying the buffer zone to Vicary would not serve the ordinance's purpose. If the city applied the restriction to Vicary, it would restrict speech more than necessary to promote public safety. No evidence showed the city ever considered any alternatives to the 750-foot buffer. Even though Vicary did not apply for a conditional use permit or a vari- ance, she could still challenge the ordinance in court. The city appeared to have prejudged the matter, and it would have been futile for Vicary to apply for a permit or variance. City of Renton v. Playtime Theatres Inc., 475 U.S. 41, 106 S. Ct. 925, 89 L.Ed.2d 29 (1986). Grayned v. City of Rockforc~ 408 U.S. 104, 92 S. Ct. 2294, 33 L.Ed.2d 222 (1972). Rezoning w Was invalid rezoning a taking of developer's property? New Port Largo Inc. v. Monroe County, 95 E3d 1084 (Florida) 1996 In 1979, New Port Largo Inc. (NPL) bought residentially zoned beachfront property in Monroe County, Fla. The land had been dredged from beneath the water to create a landing strip, and had in the past served as an airstrip. In 1980, the county rezoned the property for private airport use. In 1984, the county sued NPL over ownership of the property. NPL even- tually won the case. However, while the case was proceeding, the operator of, a private airport used the property and paid the county rent. According to NPL, the county advised the tenant to stay on and use the property after the lease ended and to continue paying the county. In 1986, NPL sued the county in state court. NPL said the rezoning to private airport use was invalid under the county's Major Development Project Ordinance. It also claimed the rezoning was an unconstitutional taking and a denial of due process. The court ruled the rezoning procedure was invalid, but NPL was'not entitled to compensation because the county rezoned the property in good faith. NPL then sued the county in federal court alleging the county took its property without compensation, it sought the value of the property from 1980 to 1986. NPL also claimed the county deprived it of due process. In support of its takings claim, NPL said the county conspired with the airport operator and deprived it of the right to exclude others from its prop- erty. NPL also said the county deprived it of all economically viable use of the property. Finally, NPL argued it relied on the property's residential zoning when buying it, so the county had to pay c. ompensation for the rezoning. The court granted the county judgment and NPL appealed. Page 2 -- December 1996 g.a. Board -- Applicant claims board's majority vote was failure to act Aloya v. Planning Board of Town of Stony Point, 646 N.Y.S.2d 375 (New York) 1996 Aloya wanted to develop a subdivision in the town of Stony Point, N.Y. The town was located within Rockland County. The county Planning Board recommended that the town Planning Board disapprove Aloya's application for final subdivision plat approval. Under state law, a town board had to "take action" on a final subdivision plat within 62 days after the public hearing on th, application. If the town board didn't take any action, the final plat would be considered approved. A town board with three or more members had to take action through a majority of its members. To reverse a county board's recommended disapproval of an application, a majority plus one of the town board had to vote to approve it. After the town board's public hearing, four of its seven members voled to approve Aloya's proposed plat. Because that vote was a majority m and not a majority-plus-one-- the town board treated the application as"turned down." Aloya asked a court to review the town board's decision. He said the town board's vote was really a failure to take action. Following that argument, Aloya claimed the town board didn't take action within 62 days of the public hearing, so his plat should be considered approved. The court dismissed Aloya's case. AIoya appealed. DECISION: Affirmed. The lower court properly dismissed Aloya's case. Because four members concurred on the resolution, the town board legally and validly did "take action." However, it did not have five votes in favor of AIoya's application, so it could not override the county board's recommended disapproval. Matter oI D. E.P. Resources v. Planning Board of Village of Monroe, 516 N.Y.S.2d 954. Matter of Squicciarini v. Planning Board of Town of Chester, 367N. ES.2d 845. /~A~uit Entertainment--~Video store says new ordinance denudes it of free speech rights-- T & D Video Inc. v. City of Revere, 670 N.E.2d 162 (Massachusetts) 1996 T & D Video Inc. leased property in the city of Revere, Mass., for an adult video store. At thc time, the city had at least three other video stores that were within 1,000 feet of residential areas and that offered adult films. The day after the company began interior construction, it applied for a city business ccrtificalc. Although thc company was told it couldn"t have a ccrtifi- talc wilhoul an allidavil lhal slalcd il would nol sell adult maleriai, Ibc city issued one allcl lilt: ctmlpany /cfuscd to sign thc affidavit. That same day, the city building in.,q~cclot got a stop-work order issued. Two days later, thc city's mayor proposed to Ihe City Council new zoning rcslrictions on adult cnlertainment. g.a. December 1996 -- Page 3 A few weeks later, the building inspector let the company begin work again. The company finished work soon thereafter. About two weeks after the company finished its work, the council adopted the new zoning restrictions. Under the new provisions, adult entertainmenl businesses could operate in the city's industrial zone, bul only wilh a special permit. To get a special permit, a business had to be a certain distance from other types of uses and from public and private ways, meet specified landscap- ing requirements, fall between specific minimum and maximum Iol sizes, not be in a multiuse building, and not have flashing, animated or moving adverlis- lng signs. The council didn't state its purpose in enacting the new provisions, and did not make any findings about the effects of sexually oriented businesses on the cily. Months later, the city issued the company an occupancy certificale that stated "no adult entertainment." The building inspector then denied the company's request for a sign permit. The inspector's notice stated the company's use was not allowed at the property, and that it didn't comply with the new ordinance's setback and multiuse building provisions. The company appealed to the city's Zoning Board of Appeals, and the board affirmed the decision. The company asked a court for an order stopping the city from enforcing the ordinance against it. The company said the cily's reliance on Ihe ordinance violated its free speech rights under the slate and federal constilutions. The cily pointed to the secondary effects sexually oriented businesses could have on the community. The court ordered the city not to enforce the ordinance's adult entertain- ment provisions against the company. Specifically, the city could nol rely on the ordinance to try to prevent the company from operaling its store or from selling nonobscene adult videos and other goods, in making its decision, Ihe court assumed (but did not decide) that Ihe ordinance was a contenl-neutrai restriction on the lime, place and manner of speech. The city asked the state's highest court to review the case, which the court did. DECISION: Affirmed. The lower court properly ordered the city not to enlbrce the ordinance against the company. Even assuming that the ordinance was content neutral, the city did nol prove the ordinance was "designed to serve a subslantial governmenlal interest." The city never stated its purpose in enacting the ordinance, and made no arguments about the effects of adull entertainment until the company sued to stop it from enforcing the ordinance. Any reslriction of Ihe company's con- stilutional free speech rights would harm it more Ihan the slore's operation would harm the cily. (After all, the city already had three olher stores with adult videos.) if the company lost at trial, the city would be able to stop Ihc usc. Renton v. Playtime Theatres Inc., 475 U.S. 41, 106 S. Ct. 925, 89 L.Ed. 2d 29 (1986). Schad v. Mount Ephraim, 452 U.S. 61, 101 S. Ct. 21715, 68 L.Ed. 2/ - ~ (1981). .! Page 2 -- January 1997 g.a. ~tert~'~ainment~ County bans nude entertainment near bars x,,,,,..~odger's Bar & G~I! Inc. v. Johnson County Board of County Comm~ 98 E3d 1262 (Kansas) 1996 In 1992, the Board of County Commissioners of Johnson County, Kan., decided to regulate adult entertainment in places licensed to serve alcohol. The board passed a series of resolutions that applied to the operators of businesses that served alcohol or beer for onrprcmise consumption. One resolution prohibited anyone from displaying the female breast or engaging in a range of sexual conduct, and made it illegal for the operator of a licensed establishment to allow such entertainment. Another resolution stated, "nor shall any person" let the banned entertainment occur "in any room, building, premises or place within 1,000 feet of a ]place that serves alcohol or beer]." The Bonita Flats Saloon was in a rural area next to a grain mill, railroad tracks and three homes. The remaining area was pasture, with the nearest neighbor about a mile away. The saloon's owners and 38 of its entertainers sued the board under federal civil rights laws. They asked the court to declare unconstitutional the restrictions on nude entertainment. The court upheld the resolution banning nude entertainment in bars, but did not decide whether the provision banning it in adjacent areas was constitutional. An appeals court upheld the lower court's ruling. The lower court later ruled thc ban on entertainment in adjacent premises also was constitutional. The bar owners and dancers appealed, arguing the ban on entertainment in adjacent premises was unconstitutional, was ovcrbroad and vague, and violated their equal protection rights. They also argued thc 1,000-foot restriction was "too much." DECISION: Affirmed, The resolution banning nude entertainment in adjoining premises was constitulional. The purpose of thc provision was to prohibit bar owners, entertainers or patrons from setting up a nearby trailer or other structure to engage in conduct prohibited inside the main, licensed premises. There was a reasonable relationship between the main premises and the area immediately adjacent to a place that served alcohol or beer. The restrictions were within the state's powers under the 21st Amendment (which repealed prohibition, leaving states the power to regulate alcoholic beverages) and the states' general police powers. The rcgulalmns were not ovcrbrt)ad or vague. 'file "any pc..rson" language o1' Ihy ~¢~tdullOll limilcd il lo opcrahlrs, enlerlaincrs or palrons of licensed eMabh.,hmclll,, Ibc icgul,lli~n.,, a.,, a whole were directed al operators, clllcrlalllCl'% Slid palft)ll.', ()l' places that .sold alcohol for on-pl-¢lnises coiiSUlnplion. Thc I,(JOO-foot reslriclion was nol "Too much," as the saloon was not its a densely populi,ted urban area. g.a. January 19~, Page 3 Editor's note: For more background on this case, see Dodger's Bar & Grill Inc. v. Johnson County Board of County Commissioners, 32 E3d 1436 (1994); 889 E Supp. 1431 (1995); and 815 E Supp. 399 (1993). Lots -- Is lot bordered by grassy walkways 'corner lot'? Lauridsen v. City of Okobofi Board of Adjustment, 554 N. W. 2d 541 (Iowa) 1996 The Lauridsens owned a house on a lakefrou! iol in the city of Okoboji, Iowa. When originally platted, streets forming the Iol's northern and weslern boundaries met at the lot's northwest corner -- it was a corner lot. Thc city's zoning ordinance required bigger setbacks for comer lots. The ordinance defined a "corner lot," in part, as a lot at thc intersection of two or more "streets." It defined a "street" as a "public thoroughfare which affords tile principal means of access to the abutting property." In the 1930s, the city had vacated one of thc streets where il fronted the Lauridsens' lot. The next year, lhe city vacated thc olher street, Ihough the ordinance doing so stated the street would be mainlaincd for pedestrians and transferred to the state. Since that time, both "streets" had reverted to grass in the vicinity of the Lauridsens' lot. When the Lauridsens' wanted to expand their house, lhe city lold them thc lot was subject to the side-yard setback requirements thai applied to comer lots. The Lauridsens appealed to the board of adjustment. They also asked for a variance lo allow the interior-lot setbacks to apply. The Lauridsens, noting the routes abutting Iheir lot were merely pedestrian walkways, claimed lhe lot no longer abutled slreets so il was nol a corner lot. However, pedestrians still used Ihem to walk to lhe lake. The board concluded lhe lot was a corner lot and denied thc variance. The Lauridsens sued the board. Their neighbors -- whose view of lhe lake would be partially blocked if the Lauridsens' addilion were buill --joined thc suit. The court affirmed the board's decision, and the Lauridsens appealed. DECISION: Affirmed. The lower court correctly ruled the Lauridscns' lot was a corner lot. Definitions in the ordinance and in dictionaries settled the dispute: The grassy pedestrian routes abutting thc Lauridsens' lot were streets for purposes of the zoning ordinance. The roules fit the standard definitions of "thoroughfare": a "way or place through which there is passing"; "a way or passage through"; and "a strec! or highway affording an unobslructed exit at each end inlo another street or public passage." in addilion, evidence showed the routes were the "principal means of access to the abutting properly." see also: Ertlst v. Johtlxoa Cotttlty, 522 N. W. 2d .599 (1994). see also: llehnkc ~: Board of Adjustme~lt, 418 N. W. 2d 346 Page 4--January 1997 Z.B. ~m~en- Architect says sunroom addition is 'bay window' N,,_Peter Schroed,~,,r, ff~chitects AIA v. City o/Bellevue, 920 P.2d 1216 (Washington) 1996 Peter Schroeder Architects planned a sunroom addition to a house in Bellevue, Wash. The house was in a residential zone with 25-foot rearyard setbacks. The proposed addition would extend 5 feet into the setback, but would be cantilevered over the ground. The entire rear w.all would be made of glass windows. Seating would run the length of the wall, The Bellevue Land Use Code ailowed"minor structural elements" to intrude into setbacks, but not more than 20 percent of the selback's minimum distance. Bay windows were considered minor structural elements, though the code did not define the term. The code also slated patios, platforms, eaves, decks, porches, balconies, greenhouse windows "and similar elements of a minor character" were minor structural elements. [The city has since amended its building code so the only minor structural elements that may extend an enclosed floor area into a setback are chimneys and bay windows that protrude 18 or fewer inches into the setback. Ed.] The city's director of community development determined the addition was not a minor structural element because it had an enclosed floor area. The director also said the addition would violate the code's intent that minor structural elements not affect adjacent properties as buildings would. A city hearing officer upheld the decision, stating the addition was not a bay window because a window was typically a hole in a wall, not an entire wall itselL and the addition was too big to be a "minor" element. A court reversed the city's decision, ruling the proposed addition complied with lhe building code. The city appealed. DECISION: Affirmed. The part of thc addition that intruded into the setback was a bay window, so it was a minor structural element, it extended only 5 feet into the setback, which was 20 percent of the setback. According to Wcbster's dictionary, a bay window was "a window or series of windows forming a bay or recess in a room and projecting outward from the wall in a rectangular, polygonal, or curved form." The portion of the sunroom that extended into the setback was such an area. It was made of a series of windows, it formed a recess in the sunroom and it projected out from the rear wall of Ibc Thc c,dc'.s I,mgu,lgc clca~ ly nih}wed bay windows Ill extend into setbacks, ~,(i Iht IIIIclll ill Iht c~.lc .t Ibc dilCc'hll' ¥, illlcrprel;llion (il' il were nol delerminalive, Ihc dd in a wall, alld did not Jilllil IhclB I0 auy parlicular size. Thc code specifically slalctl bay windows wcrc minor slmclural clcmenls, so Ihuy could be large or small. Thc oily had lo iulcrprel ils code as il was wrillcn. "11 is uurcasouablc lo Z.B. January 1997 -- Page 5 expect architects and other professionals to comply with unarticulated standards." see also: Hoberg v. Bellevue, 884 P. 2d 1339 (1994). Nonconforming Use ~ Owners of private park want it declared nonconforming use John O. Clay Exploration v. Lawrence Towm'hip Board of Zoning Appeals, 670 N.E. 483 (Ohio) 199.5 The owners of Clay's Park, a private park in Lawrence, Ohio, asked thc town zoning inspector for a certificate of nonconforming usc. Both before and after the town adopted its zoning ordinance in 1960, Ibc park had been used as a day camp and as a picnic and camping area. Activities on the property included swimming, hay rides, outings, square dances and Ihe sale of refreshments. The zoning inspector said only swimming, picnicking and camping were nonconforming uses. The park owners asked Ihe board of zoning appeals Io rule they were entitled to a certificate stating the park was a nonconlbrming recreational/enlertainmcnl/amusement facilily. At the hearing, a witness tcslified live music events had occurred al the park as early as a year before Ihe Iown enacted its ordinance. The board refused lo grant lhe general cerlificale and refused ltl add live music and craft shows as existing nonconfi}rnfiug uses. it did, however, add some activities (such as hay rides and dancing) to the Iisi of nonconlBrming uses that had occurred on the property before Ibc zoning ordinance was adopted. The park owners appealed the board's decision in court, again saying Ihey were entitled to a general certificate of nonconforming use. Thc court modified the board's decision, adding certain festivals (such as "Christian Alive" and the "Festival of Lights") and craft shows to the list of nonconli}rming activities, noting similar activities had taken place continuously since the late 195tls. Both sides appealed. The town claimed thc lower courl should nol have ruled on the issue of the festivals because the board had not considered whether festivals were a nonconforming use and lhe park owners had not even brought upthe issue. In any case, the town said, Ibc court's ruling lhat festivals and shows were nonconforming uses was wrong, while the board's decision was well supported. The park owners contended Ihe court should have granted a general certificate of nonconforming use. DECISION: Affirmed. Thc lower court properly ruled fcslivais were an existiug nonctmlimlling usc and a gcucral certificate of nouctmlbrming usc would have been 1oo broad. Thc lower courl properly added fcstiwds as ii noncoufinming ti.sc. Thc It~Wil was wrong when il claimed thc park owners never broughl np Iht is.,,uc ol~ l'cslivals; thc park ownc,'s said Ihe park was ii rccrcatiollal/¢'-'-'~lailuncnl/ amusement /acility, which i,lcluded use lilt fcslivals. / Page 6 -- January 15, 1997 z.a. plans than religion. That is, the use was more commercial than religious. It would be inappropriate for the court to order the village to allow the Diocese to operate a cemetery. The village not only addressed whether the application was in accord with the comprehensive plan, but whether the plan should be changed to accommodate the proposal. Further, the village had discretion in acting on the application. see also: Cannon v. Murphy, 600 N. ES.2d 965. see also: Yeshiva & Mesivta Terns Chaim v. l~ose, 523 N. ES.2d 90Z Commercial Use m Neighbors say boat r~ntal building is prohibited Citation: Beckley v. Town of Windham, 683 A.2d 774 (Maine) 1996 The Maynards owned land in a resource protection district next to the Pleasant River in Windham, Maine. The town's shoreland zoning ordinance allowed "public and private parks and recreation areas involving minimal structural development" and marinas in resource protection districts. It also authorized accessory structures under a permit. "Commercial structures" were not a permitted use in resource protection districts. The Maynards wanted to run a boat rental business from their property. They submitted a proposal to the Windham Planning Board. The plan included a 24-by-28-foot building, which would include a public area for sales activities, office space, a maintenance area and a gasoline storage area. The board granted the permit, concluding that a boat rental business was a permitted use in the district and that the proposed building was an accessory structure. The board reasoned that structures accessory to permitted uses were allowed under a permit, so the proposed building was not prohibited by the ban on "commercial structures." A group of neighbors went to court to get the board's decision reversed, but the court upheld the board. The neighbors appealed. Their complaint focused on the building, which they said was a prohibited commercial structure. DECISION: Board's decision voided. The plain language of the ordinance prohibited the Maynards' proposed building. Though the ordinance did not define "commercial structure," "commercial" meant "having profit as a chief aim." The proposed building was a commercial structure, which the ordinance clearly prohibited. Though marinas and parks with minimal development were allowed in resource protection districts, commercial structures were not. see also: Bushey v. Town of China, 645 A.2d 615 (1994). see also: Dyer v. Town of Cumberland, 632 A.2d 145 (1993). Adult Entertainment m City council refuses special l~ermit, citing ordinance ol)jectives Citation: Dta ~: City of Toledo, 937 ESupp. 673 (Ohio) 1996 Din wanted to open an "adult entertainment center" in Toledo, Ohio. The center would provide sexually oriented books and magazines and nude dancing. Z.B. January 15, 1~,? -- Page 7 The Toledo city code allowed adult bookstores and entertainment, including nude dancing, under a special permit. The establishment had to be more than 500 feet from any residential district, school, church, park, playground or other use established specifically for the activities of minors. In addition, it had to be more than 1,000 feet from any two of these uses. The city admitted very few sites satisfied the ordinance. The code also authorized the city council to "provide conditions or restrictions" on special uses, "as ... necessary to secure the general objectives of [the] zoning ordinance." The city council said this provision allowed it to deny a permit whenever it decided issuing the permit would conflict with the zoning ordinance's general objectives. The code did not require the city to act on an application within a specified time period. The county plan commission reviewed Dia's application and, alter a hearing, approved it with additional requirements. Next, the city council's planning and zoning committee considered the application. Several citizens spoke against the permit. The committee voted against granting the permit, and the city council did the same. Dia asked a federal court to order the city to issue the permit. He claimed the city code's provisions on adult entertainment violated the First Amendment. He produced evidence that the council never voluntarily granted a permit for adult entertainment under the ordinance. DECISION: Preliminary order granted. Dia was entitled to a pre-trial order requiring the city to issue the permit. Dia was likely to prove at trial the ordinance was unconstitutional as the city applied it to him. Zoning ordinances that limited protected speech had to be content neutral and had to 1.cave open alternative routes for the protected speech. Further, a licensing scheme that regulated an entire business more strictly was a "prior restraint," which courts viewed more strictly. The Toledo ordinance regulated an entire business and risked suppressing protected speech. The city had applied it more than 18 years to effectively ban adult entertainment, which strongly suggested it was a prior restraint on protected speech. It therefore had to contain two safeguards: It could only suppress speech for a specified brief time without a court reviewing the ban, and it had to contain an avenue for prompt review in court. The ordinance contained no express time limit within which the council had to make its determination. Nor did it include narrow, objective standards to limit the city council's discretion. The ordinance did not allow the council to deny a permit if the applicant met the criteria. The council could only condition or restrict the permits il issued. The ordinance established areas of the city where adult entertainment was allowed. Once an applicant met the ordinance's requirements, the council had to issue a permit. Even if the ordinance was not a "prior restraint," it still appeared to lack alternative routes of communication. Dia met the other requirements for issuance of a preliminary order: hc Page 8--January 15, 1997 Z.B. ~ showed he would suffer harm if the court did not issue the order, that issuing the special use permit would not substantially harm others, and that the order would serve the public interest. see also: FWIPBS Inc. v. City of Dallas, 493 U.S. 215, 110 S. Ct. 596, 107 L.Ed.2d 603 (1990). see also: United States v. O'Brien, 391 U.S. 367, 88 S. Ct. 1673, 20 L.Ed. 2d 672 (1968). Density -- Building owner attacks limit on number of adults who may live together Citation: City of Brookings v. Wimter, 554 N. W.2d 827 (South Dakota) 1996 The city of Brookings, S.D., was a college town. Its zoning ordinance defined "family" in a way that limited to three the number of unrelated adults who could live together. The city adopted the definition to limit population density. The state zoning enabling law specifically authorized municipalities to regulate population density. Winker, who owned a rentalbuilding in a two-family residential zone, was charged with violating the ordinance. He argued the ordinance was unconstitutional under the South Dakota Constitution's equal protection and due process clauses. Winker asked the court to use the approach taken by state courts that had struck down similar ordinances under their constitutions. He argued that the ordinance was not logical because the size regulations were not imposed on people who were related. The city said its ordinance was similar to the ordinance upheld by the U.S. Supreme Court in the Belle Terre case. It urged the South Dakota court to take the same approach and uphold the ordinance. The court upheld the ordinance, and Winker appealed. DECISION: Affirmed, in favor of the city. Brookings' ordinance did not violate the state constitution. The ordinance had a real and substantial relation to the goal of limiting population density. Brookings was a college town with unavoidable problems of population density. It attacked the density problem by drawing a line at the number of unrelated people who could live in the same household. Zoning ordinances were presumed valid, and Winker's evidence was not strong enough to overcome the presumption. Though some other state courts had struck down similar ordinances under their constitutions, the court was under no obligation to follow those courts. if an unrelated group of adults exceeded the limit, it was by "volunlary action of the group." if a blood-related family exceeded the limit, it was due to "natural growth." see also: Village of Belle Terre v. Boraa& 416 U.S. 1, 94 S. Ct. 1530, 39 L.Ed. 2d 797 (1974). see also: Charter Townshil~ of Deha v. Dinoljb, 351 N. W. 2d,~(1984). _)