The URL can be used to link to this page

100797 Planning4.2* 4.3* 4.4 4.5 o 5.1 5.2 5.3 o 7.1 7.2 7.3 7.4 ° AGENDA PLANNING COMMISSION MEETING OF OCTOBER 7, 1997 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. CALL TO ORDER ROLL CALL CONSENTITEMS PUBLIC HEARINGS Case 97-21 Request for a Variance to Allow a Second Driveway Access, 2865 Quebec Avenue North, Patrick & Carol Benolkin, Petitioners Case 97-19 Request for a Conditional Use Permit to Allow an Outdoor Storage Trailer, 2751 Winnetka Avenue North/Midland .Shopping Center, ArcNalue Village Thrift Store, Petitioners Case 97-20 Request for Variances to the Side Yard Setback to Allow Construction of a Retractable Enclosed Ramp Between Two Buildings, 5600 Highway 169 North and 5621 International Parkway, Liberty Diversified Industries, Inc. Petitioner Case 96-04 Consideration of Ordinance No. 97-2, An Ordinance Amending Chapter 8 of the New Hope City Code by Establishing Licensing Regulations for Pawnbrokers, Precious Metal and Second Hand Goods Dealers, City of New Hope, Petitioner Case 96-31 Consideration of Ordinance No. 97-15, An Ordinance Amending the New Hope City Code by Establishing a Shoreland Permit Overlay District, City of New Hope, Petitioner COMMITTEE REPORTS Report of Design & Review Committee - Next Meeting: October 16 at 8 a.m. Report of Codes & Standards Committee - Next Meeting: October 22 at 7 a.m. (tentative) Report of Comprehensive Plan Update Committee - Next Meeting October 23 at 5 p.m. OLD BUSINESS Miscellaneous Issues NEW BUSINESS Review/Approval of Planning Commission Minutes of September 2, 1997. Review of Comprehensive Plan Update Committee of August 12, 1997. Review of City Council Minutes of AugUst 25 and September 8, 1997. Review of EDA Minutes of August 25 and September 8, 1997. ANNOUNCEMENTS ADJOURNMENT *Petitioners are required to be in attendance Planning Commission Guidelines for Public Input The Planning Commission is an advisory body, created to advise the City Council on land use. The~--~, Planning Commission will recommend Council approval or denial of a land use proposal based upon the Planning Commission's determination of whether the proposed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the surrounding neighborhood. The Planning CommisSion holds informal public hearings on land use proposals to enable you to learn, first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your questions and comments become part of the record and will be used by the Council, along with the Planning Commission's recommendation, in reaching its decision. To aid in your understanding and to facilitate your comments and questions, the Planning Commission will utilize the following procedure: 1. The Planning Commission Chair will introduce the proposal. 2. City staff will outline the proposal and staff's recommendations and answer any questions from the Planning Commission. 3. The petitioner is invited to describe the proposal, make comments on the staff report, and answer questions from the Planning Commission. 4. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The Chair may set a time limit for individual questions/comments if a large number of persons have indicated a desire to speak. Spokespersons for groups will have a longer period of time for questions/comments. 5. When recognized by the Chair, the person wishing to speak is asked to come forward and to give their full name and address clearly. Remember, your questions/comments are for the record. 6. Direct your questions/comments to the Chair. The Chair will determine who will answer your questions. 7. No one will be given the opportunity to speak a second time until everyone has had the opportunity to speak initially. Please limit your second presentation to new information, not rebuttal. 8. At the close of the public hearing, the Planning Commission will discuss the proposal and take appropriate action. A~ If the Planning'Commission recommends that the City Council approve or deny a request, the planning case will be placed on the City Council agenda for the next regular meeting. Usually this meeting is within one to two weeks of the Planning Commission meeting. B. If the Planning Commission tables the request, the petitioner will be asked to return for the next Commission meeting. OCTOBER PLANNING CASES Planning Case 97-20 5600 Highway 169 5621 International Pkwy ZONING DISTRICT MAP R-1 S~oGM F~nilV Remdential R-2 Single m~l Two ~i~ R-3 M~ium Oen~ R~ H~ O~ Remden~m R~(~D) ~i~n~i~ O~e - PUD ~3 ~ O~en~ ~mne~ ~ C~mun~ I-1 Um~ I-2 ~ In~ 0~ Sp~ / ~bl~ Planning Case 97-19 H/dland Center 1 INCH = 2100 FEET o 21oo 420o Planning Case 97-21~ 2865 Quebec Ave. Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 97-21 Request for a Variance to Allow a Second Driveway Access 2865 Quebec Avenue North 20-118-21-33-0058 R-l, Single Family Residential Zoning District Patrick & Carol Benolkin October 3, 1997 October 7, 1997 BACKGROUND 1. The petitioners are requesting a variance to allow a second driveway access, pursuant to Section 4.036(4)(x) - New Hope Code of Ordinances. 2. The petitioners recently purchased the home at 2865 Quebec Avenue North, which is located on the north side of the "Y" intersection of Valle Vista and Quebec Avenue North. The existing driveway access/curb-cut is located on Valle Vista and a new (second) access/curb-cut is being requested on Quebec Avenue to facilitate a driveway extension and a circular drive. 3. The Zoning Code states that "Each property shall be allowed one driveway access for each 125 feet of street frontage; that all property shall be entitled to at least one driveway access; and that single family uses shall be limited to one driveway access per lot. The petitioners are requesting a variance from this code requirement. · 4. The petitioners state that they are requesting the second access/driveway entrance on Quebec Avenue to facilitate the unloading and loading of a disabled mother and sister. They state that currently there is no easy access to the home from the current driveway. The indicate that disabled people would have to enter through the garage, which involves three narrow steps, then through a porch and another rise to the dining room, or along an outside sidewalk with a turn and a potentially difficult time during poor weather conditions. 5. The petitioners also state that the curve on the current driveway makes backing down difficult and potentially dangerous because of the streets intersecting at that location. They state that the proposed Quebec access is not near any of the neighbors driveways, adjacent to, or across the street. 6. The property is located in an R-l, Single Family Residential, Zoning District and is surrounded by R-1 properties. 7. The property is an irregular, triangular-shaped lot that contains 9,500 square feet. The existing structure on the site meets all setback requirements. 8. The topography of the property is fiat and the lot contains several mature trees. 9. The driveway extension/second curb-cut would provide some additional parking on the site, besides the four parking spaces currently available. 10. Property owners within 350' of the site have been notified. City staff have received one inquiry about the request and a concern was expressed about the number of vehicles parked at the site. ANALYSIS ~ 1. The purpose of a vadance is to permit relief from strict application of the zoning code where undue hardships prevent reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. 2. "Undue hardship" as used in connection with the granting of a vadance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 3. Additional criteria to be used in considering requests for a variance includes the following and the Planning Commission/City Council shall make findings that the proposed action will not: A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance. B. Light and Air. Impair an adequate supply of light and air to adjacent property. C. Street Connections. Unreasonably increase the congestion in the public street. D. Public Safety. Increase the danger of fire or endanger the public safety. E. Property Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intent of City Code. 4. This request was reviewed by appropriate Department Heads on September 17 and no serious concerns were raised by the Police Department or Public Works. Public Works indicated that City crews will continue to plow streets without changing pace or method at driveways. The extra plowing or shoveling due to the driveway extension is significant and the responsibility of the property owner. 5. The Design & Review Committee reviewed this request at its September 18 meeting and discussed the uniqueness of the lot, the purpose of the request and confirmed with the petitioner that the materials for .constructing the driveway extension would match the existing drive. The Committee was generally supportive of the request. 6. Staff find that the request is justified due to the following factors: A. The irregular lot shape yields a difficult driveway arrangement; B. The circumstances are unique; C. The situation does not result from the actions of the owner; D. The variance will not alter the essential character of the neighborhood or diminish property values; E. No public safety concern or street congestion is created. 7. The fact that the request is being made to accommodate disabled relatives should also be considered. Several other requests of this nature have been approved in the past. 8. Council direction to staff recently has included a request to reconsider the entire issue of accessory buildings and the "one garage" limitation, which is directly related to the "one driveway" limit. For many property owners, a second garage is possible only with a second driveway, such as corner lots, etc. 2 The Codes & Standards Committee will be undertaking a study of accessory buildings and related issues this fall. Also of importance is the location of the proposed second curb cut. The new access would be located approximately 120 feet north of the QuebecNalle Vista intersection and the next driveway entrance on the west side of Quebec is approximately 100 feet north of the proposed curb cut. RECOMMENDATION Staff recommend approval of the request for a variance for a second driveway access for the property at 2865 Quebec Avenue North, subject to the following conditions: 1. Materials of driveway extension to match existing driveway. 2. City standards must be complied with on the boulevard portion of the new driveway, with a driveway permit. Attachments: Zoning/AddressFropo Maps Site Plan 9/12 Petitioner's Correspondence 8/29 Petitioner's Correspondence Application Log Driveway Standards Petitioner's Photos 3 ' R-O B-3 Aut B-4- Cot I-1 Limi' I-2 Get Ope GOLDEN VALLEY !ISCON$1N 30 TH &V~ N. 2.7Ol ti I 30 TH 4 30 TH AVE /IEWCREST LANE N TERRA L)NDA ' 't LAKE ~ ROAD 926,5 913.3 LANE 924.4 z 43 4343 o 43~3 4:3 o 921 .1 X 43 920.9° 918.6 X 43 915.8 920.6 X 434343 922.6 921 .3 0 0 917-6 43 912.0 918.9 0 924.2 X-- 0 910.6 19.3X )2 X 912.9 ct - 918.6X 915.8 X S~9'59'E 16~. 94 PLAN OECLARAT;CN I CERT3~"Y THAT I AX4 THE FROPER'Fy O~,,~N'E,; OR CWNER'S PLAN I$ ~.~)MPLETE ! . (57) 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 97-21 Patrick & Carol Benolkin 9/12/97 11/11/97 1/10/98 2865 Quebec Avenue Boxes A-C and E-F will always be filled oub Whether 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. SHEDS, DETACHED GARAGES AND , GUIDELINES City_ of New Hope Code Highlights DRIVEWAY a) b) c) d) e) g) h) i) J) lc) l) m) n) o) p) q) r) s) "SHEDS & GARAGES" In R-1 and R-2 zones, detached garages and sheds are permitted, if built according to the State Building Code. All buildings must be anchored. ONE shed and ONE garage are permitted per lot. Separate buildings must be at least 6 feet apart. No buildings may be built or erected upon an easement. A "garage" is for the parking/ storage of vehicles. A "shed" must n0~ contain vehicles. Garages and sheds must be 5' or more from the lot line. "GARAGES" Maximum garage size is 900 square feet or occupying no more than 25% of rear yard. Garage height is limited to 15' above ground. Garages may be allowed in all yards, under certain conditions. Overhangs can come within 3' of lot lille. "SHEDS" Sheds must be in rear yards. A small shed (under 120 square feet) may be built without a building permit and inspection. ~.00 feet drain___age_~_ u~iii~v easemen: *special condicious apply co corner [ocs, please check~-Lth the Build,nS Department! garage 4401 Xylon Avenue North New Hope, MN 55428-4898 30 feet 75 feec "boulevard" Shed height is limited to 12' above ground. Maximum shed size is 500 square feet or occupies no more than 25% of rear yard. Sheds must be properly "anchored". "DRIVEWAYS" Driveways must be at least 3 feet from the side property line above the boulevard. Driveway curb cuts/approaches must be 5 feet from the "side" property line. In most cases permits are not required for redoing existing driveways. "ALL PERMITS" Scale plans, permit application and fees must be submitted, unless exempt, before work is done. ***Call the New Hope Building Inspections Department at 531-5123 with questions.**** This is only a summary. Actual building and city codes control construction. Boulevard widths may vary. 5 feec CITY OF NEW HOPE CONSTRUCTION / RECONSTRUCTION OF DRIVEWAYS The season for putting in new driveways is upon us. We would like to take a few minutes of time with you before you start your first project to explain our requirements for work done within the city bouleyard. Our goal in this communication effort is to avoid negative feelings in the event the work you do is done improperly. We realize that this action may also cause embarrassment for you with your customers. We are aware of problems that exist with the surmountable concrete curb and gutter at various locations in the city and we have specific solutions to follow in correcting these problems. There are also curb cuts and~ water run-off/drainage issues to be addressed. Please call Public Works at 533-4823 to discuss your driveway projects or set up an inspection (24 hours in advance). The Public Works Department requires a Forms & Final for concrete driveways and a Final for all asphalt driveways. Keep in mind that you are also required to' notify Gopher State One. Call 454-0002 prior to digging. See attached information for distance from property lines, illustrations. driveway specifiCations, proper curb cut and restrictions on driveway slope DRIVEWAY / STREET EXCAVATION Information Handout s ....... x~ alt proofD. ,2'&nors ~d contractors '&'ho are about :o co some., .-,. ,~e~r private pro,rtz' ,:r :n~ adjacent cxs'-e'&ne~ "~cuLevar~" m New Ho~. ~is is a summary ~verai days 0efore sta~ing such work. We may have a lot suwey on ~Ie for your pro~ NOTE: A PE~flT ~ ~QL~D FOR ~ET/BOL~v.~ EXCAVA~ONS~ 1. BOL'LEV.~S First, detemme whe~ your pro~r~ ~ne ~d lot ~mem are. You do not own t~e down to the street cu~. N m~y c~s the public l~d behm~ the cu~ (~ulev~d) is approximaretv ~' 6" ~om your pm~ ~e. However, ~e ~e ~ n~ow ~ 7 feet. ~ere a~ d~erenr, touu~er'~aies a~ut what work c~ ~ done on ~e pu~e ~ulev~d. PL~SE C~ 531;51~ BEF~ YOU P~ ~W SHRUBS OR ~, DIG ~ HOLES OR INST~~p~R &~ D~VEWAYS ~HL~ 1~ ~ET OF ~E ST~ET..Only m~l ~xes may ~ mutely p~d at ~e cu~, ~ecau~ of Post O~ roles. DRIVEWAYS Again, first locate your property iine~ as above. Before you apply for a street excavation permit (SEPL keep in mind the foUowing information. - Ce g. h. j. k. Only one driveway kl allowed per lot. Driveways must be at least five feet from the side property line at the street (on pubUc property). This area is for landscaping. · Driveways must be at least three feet from the side property line beyond the boulevard (.private property). ~ mt~a is for lmadSCal~$. .. The maximum driveway width for residential property is twe~t~.fmu, f,~¢_ at the curb, On comet Iota, driveways must be forty feet or mote fxom the intersection. Vehicles may not be stored ot parked on the boulevard po~on. All driveways should have a six iach ciasa S gravel ba~e. Aspi~lt cltiveways mu~t be at leaat two inche~ tl~¢k. Concrete driveways mu~t be at lea~t five iache~ thick; six iache~ thick at sidewalks. Aay ctttb ¢haa~ea requite cica11 cuttiag of e~l~g ctu~o ot removal at at~ existin$ contto! joint. ALI concrete wod~ oa bottlevatcl~ must be formed aad ia¢lude expat~oa joiats per cc~e. Forms must be removed a~ com:~ete is set. l~uleva~ sidewallm mu~ be five f~et w~de, four inche~ thick (concrete), with a four inch sand base. Mainta~ a boulevard siope oll cLriveway$ azid sodde~ a~eaa of S - 10~ tow~tcL~ the stTeet (see Ulustratioa.) oa back of thia sheet). Asphalt tel~i~ ia the roadway, after street mu~o/clriveway wod~ will generally be made by our PubLic Wodm Depattmeat. Call It is possible ~o lower tl~ cu~o cut, ia maay case~, but st~ct adhereace to city standards is requited see clra~m~ attaebe(L.... gYREET EXCAVATION P~ APPLICATIONS ARE AVAILABLE AT 4401 XYLON AVENUE N. ***BEFORE DIGGING, C.All. GOPHER STATE ONE AT 4g4-11¢01*** Gutter slope to be -- 5/47' per foot Join t M;n. R;se .. slope slope i Vr~ric:ble slope - 10% Maximum · .,~,,&,:~,:-,,, ~ · ~ , I I t %.., Surmountable concrete "-Biluminou~ 'pQtching curb Qnd gutter in atreet by City of New Hope ,SECTI ON No Scale Radius is optional Provide clean straight edge where existing curb meets new curb by sawing or cutting at nearest construction joint. Concrete pavement to match back of concrete curb at this point ISOMETRIC No Scale Expansion joint between curb and concrete driveway Eioneatroo I-I Rosene - IAnderlik & Associates Engineers & Archllecle St. Paul. Minnesota STANDARD DETAILS '-Last Revision:~ May., 1994- ~1 _4 r~4 DW¢, CONCRETE CURB CUT FOR DRIVEWAY NEW HOPE "-Plate No. 4-04 Gutter slope to be 3/4" per foot / (]nd L ' '~ ' ' ' 3/¢" Min. Rise 12" " 3' Surmountable concrete- 2" Bituminous-~ curb and gutter SECTION No Scale NOTE: Radius is optional Provide clean straight edge .where existing curb meets new curb by sawing or cutting at nearest construction joint. 2" Minimum Compacted Thickness Bituminous ISOMETRIC No Scale jjBonestroo Rosene 1;~ Anderlik & Associates Engineer. & Archile~lw 8l. PmuL Mlnne.otl Bituminous pavement to match back of concrete curb at this point STANDARD DETAILS BITUMINOUS CURB CUT FOR DRIVEWAY NEW HOPE · r~Las~. Revision:~ LMay., 1994, IPlate No, 4-04A ¢,1 _4 -o,1 ADWC Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 97-19 Request for a Conditional Use Permit to Allow an Outdoor Storage Trailer 2703-2767 Winnetka Avenue North, Midland Shopping Center 19-118-21-44-0066 B-4, Community Business Arc of Hennepin CountyNalue Village Thrift Store and Kraus-Anderson Realty Co. October 3, 1997 October 7, 1997 BACKGROUND 1. The petitioner is requesting a conditional use permit to allow an outdoor storage trailer, pursuant to Sections 4.133(1), 4.125(3) and 4.121 of the New Hope Code of Ordinances. 2. Value Village Thrift Store, which is owned and operated by the non-profit organization Arc of Hennepin County, has been located at City Center Shopping Center at the corner of 42"d & Winnetka Avenues for the past five years. They have outgrown their current location and are expanding and relocating within New Hope. The store will move south on Winnetka Avenue to Medicine Lake Road and into the Midland Shopping Center. 3. The store will occupy over 5,000 square feet and will be located in the tenant spaces adjacent to and just north of Cinema Caf~ at the northwest corner of the center. The new location will include a sales floor, an expanded support room, and a drive-up donation drop-off area. 4. In regards to use of the building at the rear, Value Village will feature a staffed donor drive-up drop-off center, as well as a loading area and door for the removal of recycled textiles. This will require the presence of a plain, signage-free, trailer to collect and remove small bales of textiles. The parking lot location for this trailer will be striped, and the trailer is expected to be removed monthly and replaced with an empty trailer. The petitioner states that this activity will not cause disruption to the neighborhood, and will not increase noise or traffic at the center. The current Value Village location in Richfield has been utilizing a trailer in this capacity for over one year's time. The surrounding neighborhood and residences in proximity to this location, at 66t~ & Penn Avenue South, have not experienced disruption or offered any negative comments in regard to Value Village operations; on the contrary, Richfield residents have welcomed Value Village to the shopping center as it has improved the look and activity surrounding the location. The petitioners state that in their first year operating at the Penn 86 Shopping Center in Richfield, Value Village was selected as the 1996 Richfield Small Business of the Year. 5. Midland Shopping Center is located in a B-4, Community Business, ZOning District and retail sales/ stores are allowed as a permitted use. This application should not focus on whether the store itself should be located at the site, but instead should focus on the outside storage issue. Outside or open storage is allowed as a conditional accessory use in the B-3 Zoning District and these uses "roll over" into the B-4 Zoning District. The petitioner is specifically requesting a CUP to allow one semi- trailer at the rear of the building for staging (temporary storage) of clothing before it is shipped off-site once per month. 6. Per the petitioner's correspondence, Value Village Thrift Stores serve many community needs. Value Village provides value-priced clothing and housewares for shoppers of all income levels. Value Village provides an environmentally friendly opportunity for the community to recycle merchandise by donating at the thrift store. Value Village also provides employment and volunteer opportunities in the community. Proceeds ~rom the stores, which total over half a million dollars per year, benefit peopl~'''~' with developmental disabilities and their families living throughout the Hennepin County area. Value Village presents a well maintained, visually attractive shopping environment, inside and out. The interior of this new store, as well as our current Richfield location, is spacious, bright, and appealing. The exterior presentation and signage is also designed for visual appeal and consistent with existing shopping center aesthetics. 7. The property is zoned as B-4, Community Business, Zoning District. Surrounding land uses and zoning include R-2 duplexes to the north; Residential/Office, B-1 and B-3, Business/Auto and R-4 (apartments) zoning to the east across Winnetka Avenue; R-O zoning (Ambassador Nursing Home) and R-3 to the west; and Golden Valley/residential across Medicine Lake Road to the south. 8. In the Comprehensive Plan, traffic concerns were noted in this area (District #27) due to the shopping center, however, upgrades to both County roads have eliminated most concerns and improved pedestrian access. Maintenance of business properties and flexibility in re-use are also general goals. 9. The shopping center use was approved as a PUD and parking was based on a variety of tenant uses. The center has 250 spaces available and staff finds that this is adequate. 10. The topography of the shopping center is primarily flat, except for the west and north edges which slope upwards dramatically to the existing apartments and duplexes. A new 20-foot wide green landscaped border along Winnetka was added in recent years in front of the building. 11. Property owners within 350' of the request have been notified, including the City of Golden Valley, and staff have received several calls and inquiries regarding this request. However, all comments to date have been supportive of the request because it was felt that the proposed trailer would not be visible. ANALYSIS The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic .into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. Other general criteda to be considered when determining whether to approve or deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibility. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 2 1. In Business Districts (B-l, B-2, B-3, B-4): a. Traffic. The proposed use will not cause traffic hazards or congestion. b. Nearby Residences. Adjacent residentially zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. c. Effect on Other Businesses. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of unduly heavy non- shopping traffic or general unsightliness. 3. Accessory open and outdoor storage as an accessory use is allowed by conditional use permit provided that: A. Screening - is supplied and maintained. B. Surfacing - to control dust, mud and to provide a clean, attractive and usable surface. C. Parking - does not take up parking space as required for conformity to the Zoning Code. 4. Staff find that the proposed outside storage of a single semi-trailer generally meet the criteria outlined above, as follows: A. Traffic - the use will not significantly alter traffic patterns, hazards or increase congestion. B. Nearby Residences - no apparent adverse impact will result for adjacent residential land due to noise, traffic, glare or other nuisance characteristics. New wall pack lights must be "down lights," shielded from adjacent residential uses. C. Existin.q Businesses - nearby are not likely to be adversely affected by curtailment of customer trade because of unsightliness or heavy non-shopping traffic. To the contrary, the new thrift store will probably have a very positive impact on existing businesses because more shoppers will be drawn to the center. Staff base this opinion on the existing experience with Arc at City Center and a similar Arc facility in Richfield that recently received an award. D. Screening - has not been proposed in this case, due to the fact that the area is a truck loading zone and the screening of a single semi-trailer tends to be damaged quickly. This loading area is not visible from either street and the screening ordinance maximum of eight feet in height does not screen 16-foot high trailers. There will be no signage on the trailer and the trailer will be screened to the north and west by a significant grade change and existing landscaping on that slope. E. Surfacinq- the area is surfaced to control dust and drainage: F. Parking - the storage does not take up existing parking spaces. The original use of this site provided a large unloading area for semi-trailers. 5. Appropriate Department Heads met to review these plans on September 17 and the comments made related to adequate lighting/security and concerns about the aesthetics of the trailer. 6. The Design & Review Committee met with the petitioners on September 18 and issues discussed included store relocation/expansion, the need for the trailer, the grade changes/landscaping around the trailer at the northwest corner of the center, the need for a concrete pad under trailer posts, hours of operation, signage at entrance and at drop-off site, lighting, trash enclosure, striping, views from residential properties, snow removal and condition of existing parking lot. Revised plans were submitted as a result of the meeting. 7. The revised plans include the following details: A. Zoning of adjacent properties is denoted on site plan; 3 B. Statement on plan that "Semi-Trailer to be Clean Neutral Color, Rust Free, With No Graphics"; C. Pavement around trailer to be striped in 8' x 45' dimension; D. 6' x 10' concrete slab to be installed for trailer posts; E. 4-6" diameter steel ballard$ filled with concrete to separate parking area from storage area; F. Note on plan that"Landlord to Maintain Parking Lot and Add New Striping"; G. 8' x 6' trash dumpster enclosure with screened gates to be installed; H. Existing mechanical units on top of building to be removed by owner and three new units installed (to be same color as roof) I. Note on plan "Landlord to Provide New Security Lighting" and six (6) new wall packs shown around rear of building near trailer; J. Note on plan "Existing Penthouse to be Removed.by Owner"; K. Setback distances from residential property shown on plan: 84 feet to west, 111 feet to north; L. Elevations shown on plan: parking lot @ 910, west residential @ 926; north residential @ 920; M. Directional signage for Value Village donors shown on shopping center plan; N. Floor plans show sales area, sorting and pricing area, salvage/receiving/storage areas, ~offices, break rooms and restrooms; O. The petitioner has provided a color photograph of the elevation change and the view toward the residential from the trailer location; P. It is staff's understanding that the hours of operation will be similar to the Richfield store: Monday - Friday 9 a.m. to 9 p.m. Saturday 9 a.m. to 6 p.m. Sunday Noon to 6 p.m. Q. It is staff's understanding that any signage being proposed will comply with the existing approved Comprehensive Sign Plan for the shopping center and that a new signage proposal may be presented in the future. R. It is staff's understanding that there will be signage at the entrance to the store indicating that there is a drop-off area at the rear of the store. (Staff did visit the Richfield store and took interiodexterior photos of the store which will be displayed at the meeting.) S. It is staff's understanding that no major changes to the front elevation of the building are planned at this time. Staff finds that the petitioner has addressed the majority of concerns of the Design & Review Committee and City staff. While some concerns have been raised about the aesthetics of the trailer, it will be parked in the back of the center and will not be visible from the street and barely visible from the residential areas. Staff generally finds that this is a good use for the site and is pleased to see the vacant space filled. The community service, non-profit nature of the business is also a benefit to New Hope. 4 RECOMMENDATION Pending public comment, staff recommend approval of the conditional use permit for one semi-trailer for outdoor storage for the Value Village Arc Store at Midland Shopping Center, subject to the following conditions: · 1. Maximum one trailer. 2. No signage on trailer. 3. All new lighting to be "down lights." 4. Annual inspection. Attachments: Zoning/AddressFFopo Maps 9/26 Value Village Correspondence Revised Site Plan Shopping Center Site Plan/Signage Value Village Floor Plan Shopping Center Topo Midland Shopping Center Survey Value Village CUP Narrative Photo at Trailer Location Value Village/Arc Information Application Log 5 R-O I B-3 Aut B-4 Co~ I-1 Limi 1-2 Get Ope GOLDEN VALLEY $15T: TH 3OTH "' 30 TH ~AVE VIEWGR£.$T LA N E TERRA L~NDI AVENUE ~'~7.~ x AV[NUE A'v[NU£ 1(30 ~ORTH x 121.3 NORTH : ~ NGRTH NEW HOPE, MINNESOTA T 118 N - R 21 E ~j ~1 U m)l.? X SE 1/4 DEC 19 9-26-97 Kirk MoDonald. Doug Sandstad City of New Hope 4401 Xylon Avenue North New Hope, Mn 55428 Greetings! Attached find 1,2 sets of plans, which include the requested additional information, for the Value Village Thrift Store conditional use permit~ per my notes from our previous meeting with your Design and Review committee, these plans should provide' the information requested by your ' team. Please feel free to give me a call if you have any questions. Otherwise, Michael Schrock and I will be present at the ne~ heating on October 7th., .- Sincerely, Laurel Smith Arc of Hennepin County Value Village Thrift Stores support Arc of Hennepin County's advocacy and support pr°grama for people with developmental disabilities and their families. Value V~llage Thrift Store · 6528 Penn Avenue South ° Richfield, MN * 55423 ° 861~9550 Val.ue Village Thrift Store · 4223 Winnetka Avenue North · New Hope, MN ° 55428 ° 535-7972 vALUE VILLAQE THRIFT $TORE ARC OF HENNEPIN COLINT'r' MIDLAND 51-1Of:~IN~ CENTER 42~cl x ~Ji, nnet. k~ Ave~e NE~J HOt=E, rdlI~IESOTA S C H R O C K + D E V E T T E R A R C H I T E C T S, P.A. 3 I 0 I Franklin Avenue East Minneapolis, Minnesota 55406 fax 612.339.0976 email sdva ~ aol.com phone 612.338.8225 /- ;e O00'L g is 01,1,' L q~' ;e O00'g 1~ 000'e io OO8'L CO avou ~v~ ~-~r~iaa.i ! ,5,~,LVAGE ~EC, EI¥1N~ STYE 5ALE~ PLAN vALUE vILLAgE TtJP-..,IFT 5TOP-..E ARC OF tJENNEPIN COUNT'r' I'IlDLAND 51.4OPPII',,I~ 6;E'NTEt~, 42n¢t x ~et. ka A,v,e~.,~ NEB HOPE, I"IlNNE,C~PTA S C H R O C K + D E V E T T E R A R C H I T E C T S, P.A. 3 I 0 I Franklin Avenue East Minneapolis, Minnesota 55406 fax 612.339.0976 email sdva ~ aol.com phone 612.338.8225 20-8 -Q 911.4 NORTH 912.2 911. 0 919.4 9O5.8 X 911.8 /s 0~I._~, 906.7 × Grading and Drainage Plan 1" = 100' (approx.) VALUE VILLAGE THRIFT STORE Arc of Hennepin County Midland Shopping Center ,.42nd & Winnetka Avenue New Hope, MN L , Cou,~'ry ~o,40 Ho. 70 City of New Hope: Information regarding Value Village Thrift Store Conditional Use Permit for Midland Center Site Value Village Thrift Stores, currently located in New Hope and Richfield, are owned and operated by the nonprofit organization Arc of Hennepin County. Proceeds from the stores, which total over half a million dollars per year, benefit people with developmental disabilities and their families living throughout the Hennepin County area. One in ten families are touched by a developmental disability, and Arc is there to provide support and services to help with family and individual needs. Value Village Thrift Stores serve many community needs. Value Village provides value-priced clothing and housewares for shoppers of all income levels. Value Village provides an environmentally friendly oppommity for the community to recycle merchandise by donating at the thrift store. Value Village also provides employment and volunteer opportunities in the community. Value Village presents a well maintained, visually attractive shopping environment, inside arid out. The interior of this new store, as well as our current Richfield location, is spacious, bright, and appealing. The exterior presentation and signage is also designed for visual appeal and consistent with existing shopping center aesthetics. Qualified professionals, including architect Michael Schrock of Schrock DeVetter Architects, insure that the outcome of this project will meet with neighborhood, city, and shopping center requirements. In regards to use of the building at the rear, Value Village will feature a staffed donor drive up drop-off center, as well as a loading area and door for the removal of recycled textiles. This will require the presence of a plain, signage-free trailer to collect and remove small bales of textiles. The parking lot location for this trailer will be striped, and the trailer is expected to be removed monthly and replaced with an empty trailer. This activity will not cause disruption to the neighborhood, and will not increase noise or traffic at the center. The current Value Village location in Richfield has been utilizing a trailer in this capacity for over one year's time. The surrounding neighborhood and residences in proximity to this location, at 66th & Penn Avenue South, have not experienced disruption or offered any negative comments in regard to Value Village operations; on the contrary, Richfield residents have welcomed Value Village to the shopping center as it has improved the look and activity surrounding the location. In our first year operating at the Penn 66 Shopping Center in Richfield, Value Village was selected as the 1996 Richfield Small Business of the Year. Supporting architectural plans indicate the proposed operations of the New Hope Value Village Thrift Store at Midland Center. As a five-year New Hope business, Value Village has enjoyed the past support of New Hope residents and businesses. At Midland Center, we hope to continue this positive experience as Value Village continues to grow. For further information regarding Value Village Thrift Stores, contact Laurel Smith, Arc of Hennepin County, 861-9550 View of Back Lot looking West Value Village Thrift Store Arc of Henncpin County Midland Shopping Center 42nd & Winnetka Avenue New Hope, Minnesota S C H R O C K + D E V E TT E R A R C H 3 I 0 I F r a n k I i n A v e n u e East M i n n e a~p o Ii s, f a x 6 I 2 . 3 3 9 . 0 9 7 6 e m a i I s d v a ca! a o I . ¢ o m ! T E C T S, P.A. Minnesota 55406 p.h o n e 6 I 2. 338.8225 September 15, 1997 Dear Volunteers, Staff, and Fdends of Ar~c of Hennepin County,. - After five very successful years, we have outgrown our current location and are happy, to announce t. hat Value Qillage Thrift Store in New Hope is expanding and relocating. Currently located at the corner of Rockford Road and Winnetka in the New Hope City Center, Value Village will move South' on Winnetka Avenue to Medicine .Lake Road and into. the Midland Shopping. Center..Preparations for the move will begin this fall, .and our new store is expected to open in December. . The Midland Center site will feature.over 5'000 square f~et of sales floor, an expanded support roc~m~ and a ddve-up donation dr°p-off area. This site will also include expanded parking for customers and voluntbers. New HoPe Value Village has continued to be successful yea( after year due to the support the New Hope area has shown through shopping and-donating at the store. But most of ali, what kee. ps ValUe Village' going is th~ support and time give. n by volunteers and staff. And with,that success We are able to provide Arc of. Hennepin County with the funds needed 'for programs and services for people With de, velopmental disabilities and their families. If you or someone you knbw would like to help with this exciting pro]ecL 'pi.ease 'contact our Director of Volunteer Recruitmen't Jill Shaughnessy at 948-1180. VolunTeers are needed to assist with donation preparation, assembly of racks and shelv!ng, moving fixtuJ'es and Cabinetry, cleaning, carpen:~ry and painting.- We look forward to this move and all the excitement it will bring. If you have questions' or comments, if you would like to donate merchandise for the new store, or if you. are a volunteer With transportation issues, please.call us at 535- 7972. -. Sincerely, Bro. okstyn Wallace Manager, New HOpe Value Village Laurel Smith Direot~)r of Business Operations Value Village Thrift Stores support Arc of Hennepin County's advocacy and support programs for people with developmental disabilities and ,,heir families. I) Value Villag~~ Thrift Store · 652S3, enn Avenue South · Richfield, MN · 55423 · 861~9550 Value Village Ihfift Store · 4223 X¥ip~netka A?nue North · New Hope, MN · 55428 · 535-7972 Heed Your Help! CALL JILL AT THE' VOLUNTEER HOTLINE . TO FIND OUT ABOUT ONE-TINE:AND SHORT-TERN VALUE VILLAGE VOLUNTEER OPPORTUNITIES TO ASSIST WITH MOVING AND REOPENING VALUE VILLAGE N-EW HOPE: *HANG AND TAG CLOTHING * ASSEMBLE STORE FIXTURES *UNPACK BAGS OF DONATIONS * INSTALL' SHELVES AND RACKS *MOVE RACKS AND CABINETS TO NEW LOCATION *COLLECT DONATIONS FOR NEW STORE *DISTRIBUTE STORE FLYERS ~ DONATION *CLEAN 'AND DUST FURNISHINGS BAGS Bring your [fiends [or some thri~ store Individuals, Families, and §roups welcome I'lornings, A[ternoons, Evenings, and I~eekends available Bigger. Better. B'argains! VALIJI VILLA(if. Ttlllll:T 5TORI Lx NEW HOPE OL.D LOCATION X ROCKFORD RD 4PND AVE HtN~ I ~ WINNE"i'I'~ AVE NEW LOCAT1ON X MEDICINE lAKE ROAD, .... opening a new, expanded location at 14innetka Avenue'8 tledicine take ltoad ar the tlidland Shopping renter in Oecember'O7! * Over 5,000 square feet of bargains! * Convenient parking and drive-up .. ~ donationdrop.offi * [xpanded selection' iame ~reat values! *tlew volunteer opportunities -'~ Call today and help Arc of tlennepin County make thii new s~ore a reality! *I)OttAT[! Call 5~5-7~17z *VOLUiITEER! Call 948-118o DISAB ILITI ES Arc Of Hennepin County SHOP DONATE VOLUNTEER PROCEEDS BENEFIT PEOPLE WITH DEVELOPMENTAL THROUGH THE NONPROFIT ORGANIZATION Arc of H'ENNEPIN COUNTY. Value Village Thrift Stores ca ~rp/ ~'a~hio~ble, good-quality clothing and house- hold items that are donated by individuals and -businesses throughout HennepinC0unty Value .Village is owned and operated by Arc of Hennepin County, a nonprofit, United Way agency, which provides advocacy and support for people with developmental disabilities and their families. Proceeds from Value Village Thrift Stores are used'to fund services offered by Arc Of Hennepin County These include advocacy, cbunseling, family support, parent education, ou:treach to communities of colbr and recre-. atiofial pi:ograms. . Shoppin at Value Villas ValUe Village offers an ever-changii~g array of used and new merchandise from flatware to formal wear. Merchandise is neatly displayed in' departments and regtocl~ed, daily, making shopping easy.and enjoyable. ~ Value Village features regular sales and events,. such as seasonal clearances and merchandiSe, senior hospitnlity weeks, and hoiidny promo~ tions. You can always.cotint on friendl~ helpful staff and volunteers, quality merchandise, and a good valUe. Value Village accepts donations of clean, good- quality new and used clothing and household items'everyday during ~tore hours. Merchandise we accept: · Clean clothing for men, women, and children · Achessories and jewelry · Housewares and small furnishings · . 'Clean linens and.crafts · Books, CDs, tapes, and records · Toys and games · Small appliances in working order · Antiques and collectibles Sorry, we cannot accept: -- Leftover items from rummage or garage sales · Items that require cleaning or repair · Furniture or large, appliances · Mattresses or box springs · Skis or exercise equ}pment · Caipeting or curtain rods · Children's car seam or cribs · Televisions or stereo consoles · Used computers · ' Other unsalable items All contributions arc tax deductible. Tax ,receipts available at time of donfition. Volunteedn at Value Village Volunteers are needed at Value Village for re. ceiving and unpacking donations, preparing merchandise for sale, and assisting on the sales floor~ "I enjoy volhnteering at Value Village becahse I know I'm helping a good cause, and I like the companionship, l feel I'm part of something-:a community." -Vickie Perron Value Village volunteer If you are interested in becoming a Value Village volunteer, please call the store nearest you during business hours: Monday-Friday 9 a.m. tO 9 pan. Saturday , 9 a.m. to 6 p.m.. Sunday , Noon to 6 p.m. Value Village Richfield Penn Avenue at 66th Street (612) 861-9550 Value Village New. Hope Winnetka Avenue at Rocldbrd Road (612) 535-79'72 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 97-19 Arc of Hennepin County 9/12/97 11/11/97 1/10/98 Value Village Thrift Store 2751 Winnetka Avenue Midland Center B. C. D. 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. 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. Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 97-20 Request for Variances to the Side Yard Setback to Allow Construction of a Retractable Enclosed Ramp Between Two Buildings 5600 Highway 169 North & 5621 International Parkway 06-118-21-32-0004 & 06-118-21-32-0003 I-1, Limited Industrial Zoning District Liberty Diversified Industries, Inc. October 3, 1997 October 7, 1997 BACKGROUND 1. The petitioner is requesting variances to the side yard setback requirements to allow construction of a retractable enclosed ramp between two buildings, pursuant to Sections 4.034(3) and 4.22 of the New Hope Code of Ordinances. 2. Liberty Diversified Industries is a group of companies that manufacture and market a number of diverse products from protective packaging, material handling and shipping products for industry--to supplies, equipment and storage/organizing products for office and home. 3. Liberty Diversified Industries operates its business out of its headquarters building located at 5600 Highway 169. They are also the owner of the building at 5621 International Parkway, north of and adjacent to this site. 4. Safco Products, an affiliated company of Liberty Diversified Industries, shares office space at 5600 Highway 169, and utilizes warehouse space in both buildings. Safco Products is a wholesale outlet for office products. They are a leading marketer of storage and organizing products and furniture for the office. 5. Safco Products receives, ships and stores products at 5600 Highway 169. They also store material at the adjacent building; 5621 International Parkway. The petitioner states that Safco Products has experienced rapid growth in past years and needs to more efficiently move items between both buildings, to meet shipping and delivery schedules. Currently, Safco Products, using a truck, loads product at one building and drives around to the other to unload and pick up items. This requires additional time, handling, and creates problems with safety and product damage. 6. Liberty Diversified Industries is requesting to construct a connecting way for fork truck traffic between the two buildings to improve efficiency and eliminate the need to drive around on City streets. The petitioner indicates that the connecting way will consist of a compacted fill ramp with a concrete slab driveway, footings and support steel for metal siding and roof. A lift bridge and sliding doors will be installed to allow railroad cars to pass through the connecting way. The connecting way will be insulated, tied into existing security and sprinkler systems, and properly lighted. The area will be landscaped and trees planted in areas that do not interfere with railroad requirements. 7. A property line currently exists between the two buildings; each building occupies a separate lot. In order to accomplish the bridge connection between the two buildings and meet the Zoning Code requirements, the property owner essentially had two options: eliminate the property line and combine the two lots and connect the two buildings or apply for setback variances to construct the buildings up to the side yard of each lot. Due to financial arrangements involved in the purchase of the properties, LDI did not want to combine the properties. 8. Therefore, the petitioner is requesting a side yard setback variance to construct a building up to the~.,~ property line on two adjacent lots. The side yard setback requirement for the I-1 Zoning District is 2 feet. The petitioner is requesting the following specific variances: A. A 20-foot side yard setback variance for the building at 5621 International Parkway to construct a building connection up to the south property line, and B. A 20-foot side yard setback variance for the building at 5600 Highway 169 to construct a building connection up to the north property line. 9. The property is located in an I-1, Limited Industrial, Zoning District and is surrounded by I-1 properties. The north parcel contains 4.9 acres and the south parcel contains 9.8 acres, for a total of 14.7 acres. 10. This property is located in Planning District #5 of the Comprehensive Plan in New Hope's largest industrial park. Special attention was encouraged in the development, expansion and maintenance of industrial buildings in this district due to the prominent, high visibility location. 11. The typography of the proPerties is relatively fiat and landscaping is minimal. Drainage is not ideal between the two buildings in the rail spur areas. 12. Property owners within 350' of the request have been notified, including the City of Plymouth, and staff have received no comments regarding this request. ANALYSIS 1. The purpose of a variance is to permit relief from stdct application of the zoning code where undue hardships prevent reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. 2. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 3. Additional criteria to be used in considering requests for a variance includes the following and the Planning Commission/Cit. y Council shall make findings that the proposed action will not: A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance. B. Light and Air. Impair an adequate supply of light and air to adjacent property. C. Street Connections. Unreasonably increase the congestion in the public street. D. Public Safety. Increase the danger of fire or endanger the public safety. E. Property Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intent of City Code. 4. Department Heads reviewed the plans on September 17 and the main issues of discussion were the aesthetics of the connection (would color match existing buildings), whether any landscaping would be installed, security concerns about the open area under the walkway and the fact that the architectural o plans are required to comply with the State Building Code and the engineering details must be submitted with the building permit application. The City Engineer also reviewed the plans and submitted a memo subsequent to the meeting stating that he had reviewed the pedestrian walkway proposed between the two buildings and from an engineering standpoint, recommends the following: A. The drainage between the buildings appears to drain west to east. Therefore, the proposed walkway may block drainage on its west side. Attached is a 100-scale topo of the area showing existing and proposed storm sewer. Storm sewer exists between the railroad spurs on the west side of International Parkway (also attached). It is recommended storm sewer be extended west of the walkway/building extension. Also shown is a future storm sewer extension collecting drainage from the westerly parking lot for the south building. The Design & Review Committee met with the petitioner on September 18. Issues discussed included the purpose of the connection, safety concerns, construction materials and color of connection, lift bridge operation, security, landscaping, removal if buildings are sold and the City Engineer's comments regarding drainage. Revised plans were submitted as a result of the meeting. Staff and the Committee were in general agreement that the variances could be justified based on the fact that this situation does involve conditions that are unique to the properties: two buildings on': adjacent lots under the same ownership with a rail spur between them. Staff also support.the request because it is our feeling that the pedestrian link will result in a big traffic safety improvement because semis will not continue to circle the neighboring streets in order to move products between buildings. The revised plans include the following details: A. The property line between the buildings is clearly identified on the site plan. B. The exterior elevation shows that a red light will be lit when the bridge is in the down position and reflective tape will be provided on the sliding door. Raised grade and retaining wall are also shown on the plan. C. Project Description is stated on plan: "This project involves the construction of a pedestrian walkway between two B-Occupancy Buildings. A bridge is used to maintain rail traffic access." D. An exterior wall light will be provided above the service door of the link. E. New 20-minute coiling overhead doors will be provided between the existing buildings and the walkway and red lights will be installed inside the north building to indicate when the bridge is up. F. The walls of the connection will be prefinished architectural walt system by Vicwest Steel with 12" panels and a Kynar paint finish/selection by owner. G. The roof of the connection will be a prefinished standing seam metal roof by ¥icwest Steel with 16" panel and a Kynar paint finish/selection by owner. H. An auto dry fire sprinkler system will be extended from the north building into the walkway. I. A drainage plan has been submitted and reviewed by the City Engineer and his comments are as follows: "It was previously suggested that a storm sewer be extended form the existing storm sewer in International parkway to collect drainage from the westerly side of the walkway. A drainage plan has been submitted providing for a culvert beneath the walkway (grades/profiles have not been provided). A culvert will convey drainage beneath the walkway; however, depending upon its elevation, it may be subject to movement due to freeze/thaw. This movement may or may not impact footings and/or fill beneath the walkway or the walkway structure itself. The culvert and drainageway to International Parkway is private. Therefore, the decision is Liberty Diversified_.., Industry's depending upon the risks they want to accept with drainage in this area. J. No landscaping has been proposed and staff is not certain that landscaping is practical or possible in the flat area of the two rail spurs in the shade of two buildings. 10. Staff find that the petitioner has addressed the majority of issues discussed at the Design & Review meeting. Staff would request that the color of the connection match the colors of the existing buildings. 11. The final issue that needs to be addressed is removal of the structure if one of the buildings is sold. The City does not want to be left with an abandoned pedestrian link with no demolition authority. Staff recommends a condition similar to the communication tower ordinance that requires the property owner to remove the link once its use is discontinued and a letter from the property owner confirming this. The City Attorney can comment on this at the meeting. RECOMMENDATION Staff recommend approval of the side yard setback variances for the construction of the pedestrian walkway between the two buildings, subject to the following conditions: 1. Color of walkway structure to match existing buildings. 2. Pedestrian link to be removed by current property owner when use of walkway is discontinued or if one of the properties is sold to another property owner. Attachments: Zoning/Address/Topo Maps Petitioner Correspondence Original Plans Property Survey Revised Plans: Site Plans Exterior Elevation Roof Plan Floor Plan Sections Drainage Plan Lift Bridge Photos Notes from Plans City Engineer Comments - Original Plans City Engineer Comments - Revised Plans City Attorney Correspondence Northwest Consultant's Memo Application Log 4 HILL LIBERTY PARK ~ ,,~ ~ AVL. V I '.UT ORY' \ PARK §o ~ AVE. ~~ 60TH AVE. NO. RESEARCH CENTER ROAD / x ( PUBLIC ~,,,,,?)'~ WORKS /' GARAGE CENTER RD E~ PA 5700 C NOR 'i-H F x x m2 ~,AR'GH ~,Tx // / CI~NT~R X Liberty Diversified Industries 5600 N. HIGHWAY 169 · MINNEAPOLIS, MINNESOTA 55428 U.S.A. · (612) 536-6600 · FAX (612) 536-6685 Liberty Diversified Industries is a group of companies oriented toward the common goal of growth and personal service. We manufacture and market a number of diverse products from protective packaging, material handfing and shipping products for industry-to supplies, equipment and storage/organizing products for office and home. Liberty Diversified Industries operates its business out of its headquarters building located at 5600 Highway 169. We are also the owner of the building at 5621 International Parkway, north of and adjacent to this site. Safco Products, an affiliated cOmpany of Liberty Diversified Industries, shares office space at 5600 Highway 169, and utilizes warehouse space in both buildings. Safco Products is a wholesale outlet for office products. They are a leading marketer of storage and organizing products and furniture for the office. Safco Products receives, ships and stores product at 5600 Highway 169. They also store material at the adjacent building; 5621 International Parkway. Safco Products has experienced rapid growth in past years and needs to more efficiently move Rems between both buildings, to meet shipping and delivery schedules. Currently, Safco Products, using a truck, loads product at one building and drives around to the other to unload and pick up items. This requires additional time, handling, and creates problems with safety and product damage. The purpose of this project is to construct a connecting way for fork truck traffic between the two buildings. This will improve efficiency and eliminate the need to drive around on city streets. The connecting way will consist of a compacted fill ramp with a concrete slab drive way, footings and support steel for metal siding and roof. A lift bridge and sliding doors will be installed to allow railroad cars to pass through the connecting way. The connecting way will be insulated, tied into existing security and sprinkler systems, and properly lighted. The area will be landscaped and trees planted in areas that do not interfere with rail road requirements. I I NTERNATIONAL PARKWAY x Z: E~ m Z z 0 6'3 I ~_ oo Il ~ m ~ ~zr I IX~~. tl ~xxx 4'-3" 19'-0" ~ ~ '~ X oo ROOF SLOPErs---.. Z 0 ROOF PLAN 7 EXISTING OPENING W/ NEW 20 MIN. COIUNG DOOR DRY SPRINKLER SYSTEM M THIS BUILDING' INTO WALKWAY RECESSED SLIDING DOOR RECEIVER BY DOOR ENGINEERING &: MFG. 14-8" 14'-8" -LANDSCAPE BLOCk WALL t ~C'-O" CENTER LiNE BETWEEN DOORS NEW EXIT " i ] LIGHT :' ~%~EXIT DOO~ '~ I CONC. STO0 ~ i I '--4" .,~, NEW 20 CC:~NC, OVERHEAD DOOR EXISTING OPENING[ FLOOR PLAN il "x~-~'3 B×SX"/'4 ~ws×~o ~CROSS- BRaCInG I ,~...----~. RECESSED SLID!NO DOOR RECEIVER BY DOOR SUPPLIER /~ EX~STING BUILDING) G~A~E 3£0N i ~n,~j ~ I1~] (]NV SNOIJ. S T I CONTACT "~ STATE O1~ CALL" 4.54-0002 FOR UTIUTY LOCATIONS 24 HOURS PRIOR TO CONSTRUCTION r'ERENCE ARCl-rrECT PLANS SITE LOCATION EX]SllNG OPEN~qG ~ ~ ~ ~ W~AY WAIL RCP · 0.30% FLARED EbE)S 1/8"=1'-0" LIBERTY DIVERSIFIED COMPANIES PEDESTRIAN WALKWAY NEW HOPE, MINNESOTA 6110 Blue Circle Dr. Suite ~100 Minne~onk~, Mn. 55343 (612) 933-0972 F~: (612) 933-1153 DRAINAGE PLAN I hereby ce~fy thot this plon wo$ pre!~red by me or under my direc[ supervision ond thor t om o dul'y re;istered Profes~ionol [n§ineer under the lows of th~ State of I/innesoto. EXISTING, OP --ENING W/NEW ,20 COILING DOOR DRY $.PR~ ,I~KI.i[R ~t,~ ~ tN30 WNJ(WAY " DOQR-RECEIVER &' 'MFG. SLOPED EARTH 1:3.'~ WALL RCP ~ ,0.30% W/2 FLARED ENDS · CONe.- s'mo. !~' 11 '-4' : L ' 1/8"='r-0" T I10'-0" ~ t CONC. STOOP j EXISTtNGi OPENING [ NEW 20 MIN. 10'W X 9'H COILING OVERHEAD DOOR (FLOOR PLAN 1/8"= 1 '-0" BE-FWEEN TWO B-OCCUPANCY SOUTH BUILDING B TFN MINIMUM) )lNG HAS BUILDINGS. KEY NOTES: EXISTING RAILROAD LINE TO REMAIN EXISTING RAILROAD TRACK TO BE COVERED NEW CONCRETE RAMP NEW BASCULE BRIDGE BY POWERAMP. VERIFY CONSTRUCTION AND CLEARANCES WITH' COMPLETE SHOP-DRAWINGS SUPPLIED BY POWERAMP, SUPPLY ELECTRICAL AND PIPINQ AS REQUIRED BY BRIDGE SUPPLIER PREFINISHED STANDING SEAM METAL ROOF BY VICWEST STEEL. VlCLOC 216. ~16" PANEL COVERAGE. KYNAR PAINT ' FINISH SELECTION BY OWNER. · PREF1NISHED ARCHITECTURAL WALL SYSTEM BY VICWEST STEEL. SELECT SERIES-12. 12" PANEL COVERAGE. KYNAR PAINT FINISH SELECTION BY OWNER. SLIDING DOOR ENCLOSURES, ENGINEERED AND MANUFACTURED BY: DOOR ENGINEERING AND MANUFACTURING A'FFN. DAVID 400 CHERRY STREET, p.O. BOX 5 KASOTA, MN 56050 PH. (507) 931-6910 FAX (507) 9.31-9318 . DOOR CONNECTIONS AND LOADINGS TO BE VERIFIED BY STRUCTURAL ENGINEER PROVIDE RED LIGHT TO OPERATE WHEN BRIDGE IS UP. PROVIDE FOLD DOWN BOTFOM CLOSURE BETWEEN SLIDING DOOR AND .BRIDGE DRAINAGE PIPE (SEE CIVIL) PROVIDE EXTERIOR WALL LIGHT 1~ ROOF' PLAN ~/8'=~'-o' GENERAL NOTES: GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, (AIA DOCUMENT A201, 1987 EDITION) IN ITS ENTIRETY, ARE PART OF THESE DOCUMENTS. ADDITIONAL NOTES WITHIN THESE DOCUMENTS ARE NOT MEANT TO OVERRIDE ANY PART OF A201. CQNTACT ARCHITECT FOR A COPY OF A201, IF NEEDED. · THE CONTRACTOR SHALL PROVIDE ALL WORK AND MATERIALS 'AS REQUIRED BY THE CONSTRUCTION DOCUMENTS AND IN FULL ACCORDANCE WITH ALL APPLICABLE CODES AND ORDINANCES. THE CONTRACTOR SHALL FURNISH AND INSTALL ITEMS WHICH ARE OBVIOUS AND NECESSARY TO INSURE GOOD WORKMANSHIP EVEN THOUGH NOT SPECIFICALLY MENTIONED IN THE CONSTRUCTION DOCUMENTS. THE CONTRACTOR SHALL TAKE OUT ALL NECESSARY PERMITS, LICENSES, AND CERTIFICATES AND PAY ALL FEES CONNECTED THEREWITH. THE CONTRACTOR SHALL VISIT THE SITE AND FAMILIARIZE ONESELF WITH ALL EXISTING CONDITIONS AND VERIFY ALL DIMENSIONS AND CONDITIONS ON PLANS. THE CONTRACTOR SHALL BE RESPONSIBLE TO PREPARE ALL SURFACES FOR PROPER INSTALLATION OF FINISHES. THIS IS TO INCLUDI~, BUT ARE NOT LIMITED TO: PATCHING, SANDING, FLOOR LEVELING, PRIMING, SEALING, SKIM-COATING, ETC. 'THE CONTRACTOR SHALL AT ALL TIMES KEEP THE PREMISES FREE FROM WASTE MATERIAL OR RUBBISH CAUSED BY THE WORK. THE CONTRACTOR, ON COMPLETION OF THE PROJECT, SHALL WASH AND. CLEAN ALL-SURFACES AND LEAVE THE WORK IN A CLEAN C'ONDITION. THE CONTRACTOR SHALL MINIMIZE ANY DAMAGE TO EXISTING CONSTRUCTION AND AREAS ON THE SITE OUTSIDE OF THE CONSTRUCTION LIMITS. CONTRACTOR TO CONSTRUCT TEMPORARY WALLS AND BARRIERS AS REQUIRED TO CONTAIN DUST AND DEBRIS AND TO PROVIDE SAFE PUBLIC ACCESS AND PASSAGE, THE CONTRACTOR SHALL OBTAIN SUFFICIENT LIABILITY INSURAN~;E TO COVER WORKMAN'S COMPENSATION. GENERAL L1ABILITY'~AND CONTRACTUAL LIABILITY. A COPY SHALL BE FILED WITH THE OWNER: .THE CONTRACTOR WILL. EFFECT AND MAINTAIN BUILDERS RISK INSURANCE ON THE FORM KNOWN AS "ALL RISK" OR "MULTIPLE PERIL." THE CONTRACTOR, ALL SuBcONTRACTORS, ARCHITECTS AND ENGINEERS SHALL BE 'INCLUDED' IN EACH CAPACITY AS. INSURED JOINTLY WITH THE OWNER IN ALL POLICIES. EEECTRICAL AND MECHANICAL CONTRACTORS TO DESIGN ELF_~TR]CAL AND MECHANICAL SYSTEMS AND OBTAIN NECESSARY' PERMITS. DESIGN TO BE COORDINATED WITH ARCHITECTURAL CONSTRUCTION 'DOCUMENTS.' DESIGN TO BE APPROVED AND SIGNED BY ARCHITECT OF 'RECORD AND OWNER PRIOR TO IMPLEMENTATION. ' Ill 7" I,I !,i SITE PLAN 1"= 40'-0" FLOOR PLAN 1/8"=1 '-0" I10'-0" I ' NEW 20 MIN. ' '~¥ X 9'H COILING OVERh,_,O DOOR 11'-4" PROJECT DESCRIPTION THIS PROJECT INVOLVES THE CONSTRUCTION OF A PEDESTRIAN WALKWAY BETWEEN 'TWO B-OCCUPANCY BUILDINGS. A BRIDGE IS USED TO MAINTAIN RAIL TRAFFIC ACCESS. GENERAL INFORMATION USE: : PEDESTRIAN WALKWAY B B CONSTRUCTION TYPE: TI' ONE' HOUR Tr N 1T N OPENING PROTECTION REQUIRED A} OVERHEAD DOORS (20 MINUTE RATED MINIMUM) OF THE 'NORTH AND SOUTH EXISTING BUILDINGS. LINK WILL BE SPRINKLED FROM THE NORTH BUILDING. THE NORTH BUILDING HAS A DRY SPRINKLER SYSTEM. APPLICABLE CODES UNIFORM BUILDING CODE: MINNESOTA STATE BUILDING CODE: MINNESOTA UNIFORM FIRE CODE: NFPA (CHAPTER 10 & 101): NATIONAL ELECTRICAL CODE: MINNESOTA ENERGY CODE: 1994 1995 WITH 1996 AMENDMENTS 1991 1991 1997 1994 BONESTRO0 AND ASSOCIATES ~612 6361311 09/17/97 14:26~:02/04 N0:680 Bonestroo Rosene Anderlik & Associates Engineers & Architects ~rn,w~ E ~r~e~, ~. · Ldenn ff. Couk, ~E * Rnn~t f3. 5~un~r. ~F · Je~ry A Gournnn. PE , ~cmtra ~ Fortes, RE. · IJ,~v~ O Lo~k~t,s. PF · [~nt, ell C. ~u~s~. A t A · Ma~k A. Fe:ent~. PR. · Mit~.IPI I Rautmafln, PC. · T~fl K ~elo. ~E. , Kenneth P Andu~u,. P.['. · M,lrk ~ Roi(s, ~, · Memo TO: FROM: DATE: SUBJECT: Kirk McDonald Mark Hanson September 17, 1997 Liberty Diversified Company - Pedestrian Walkway Our File No. 34-Gen (E97-26) We have reviewed the pedestrian walkway proposed between the two buildings at $621 International Parkway. From an engineering standpoint, we recommend the following: Thc drainage between the buildings appears to drain west to cast. Therefore, thc proposed walkway may block drainage on its west side. Attached is a 100-scale topo of the area showing existing and proposed storm sewer. Storm sewer exists between the railroad spurs on the west side of International Parkway (also attached). It is recommended storm sewer be extended west of the walkway/building extension. Also shown is a future storm sewer extension collecting drainage from the westerly parking lot for the south building. MAH:Ia Attachment cc: /carmine Clancy Vince Vander Top Glenn G~tafson 2335 ~9'~-st Highway 36 ' St. Paul. MN 55113 · 612-636-4600 · Fax: a12-&:a&-ta11 .... 80NESTRO0 AND ASSOCIATES 612 6361311 09/17/97 I~'26~'03/04 N0:680 m 'IVNO 11VN~I31N! BONESTRO0 AND ASSOC~.ATES ~ 612 6361311 09/17/97 14'26 [~ '04/04 N0:680 /, ~AIOVE & ~[PL4C[ ~. I~T. 4~ ~lll[¢T[O~ .~1[ TYPICAL, SECTK)N "RE8EARCH Ci 'ROAD · L · 77.~1 L = IOl.OO 4 · 24,N17 4 d; ~, CLJRVl DA'r'A, ~I~CONITRI, BONESTRO0 AND ASSOCIATES W612 6361311 10/02/97 16:02~:02/02 N0:137 Bonestroo Rosene Anderlik & Associates Engineers & Architects Slay P WIXI~50~. PF. 1% - ~nD~ ~ ~nfsm~tt~ Office~* SL. P~I, Ro~e~ter, Wlllma~ ~nd St. (.loud. MN - M)IW~OC. ~1 Memo TO: FROM: DATE: SUBJECT: Kirk McDonald Mark Hanson October 2, 1997 LDI - Pedestrian Walkway Our File No. 34-Gen (E97-27) It was previously sugges[ed that a storm sewer be extended lmm the existing storm sewer in lntemati~mal Parkway to collect drainage from the westerly side of the walkway. A drainage plan has been submitted providing for a culvert beneath the walkway (grade~profiles have not been provided). A culvert will convey drainage beneath thc walkway; however, depending upon its elevation, it may be subject to movement due to freeze/thaw. This movement may or may not impact footings and/or fill beneath the walkway or the walkway structure itself. The culvert and drainagcway to International Parkway is private. Therefore, the decision is LDI's depending upon the risks they want to accept with drainage in this ama. 2335 ~VeSt Highway 36 · St. Paul, MN 55113 · 612-636-4600 · Fax: 612-636-13iI ~ - :' .... SEP-09-@7 TUE 14:31 Co~Rw.~ & SONDES.,., PA. ATTONINE~ AT Edlnbur~ ~u~ Office 8525 Edinbrook Suite ~203 B~ookl~ P~k. ~e~ 55443 F~ ~1~ ~ P, 02/02 sepl~ember 9, 1997 Kirk HaDonald City o¢ New Hope 4~0'I Xylon Avenue NOr%h New Hope, MN 55428 RE: LDI Building Connection Our File: 99,10038 Dear Kirk: This letter will confirm our recen% %elephone conference concerning %he reques~ made by Liberty Diversified for an at-grade connection between %heir buildings at 5600 Highway !69 and 8821 International Parkway. T have also reviewed the in¢orma~ion you provided me Erom %he Building OFfici~3 and City Pl~nr~er. [ too believe Chis propn~el requires a variance ~rom %he indu~%rial property se%back requirements of our zonin9 code. Like %he City Planner-, ~ am concerned abou~ ~he impact on existing easements, i¢ a~y~ and fee~ ~ha% an investigation into this kind o¢ structure is warranted. Please contact me if you have any other questions or comments. Very %ruly yours, S%even A. Sondrall cc: Dan Donahue SEP-08-1997 15:~9 N~C B12 5~ 98~? ~.01×01 N UNITY I~LANNINC3 DE:EilON - MA~KE'I' IRE:.~EAIRCM MEMORANDUM - Via Fax Transmission TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary Teague/Alan Brixius 8 September 1997 New Hope - Liberty Diversified - Building Connection 131.01 - 97.03 Per your request, our office has reviewed the request of Liberty Diversified to build a connection between their two buildings. Initially, concern is raised as to whether or not the construction of the connection will affect any existing easements that exist along the property line. This issue should be investigated pdor to proceeding with one of the alternatives discussed below. We agree with Doug Sandstad's assessment regarding the two options for processing the request as follows; Remove the property line and combine the two lots so that one principal structure remains on one lot of record (assuming the buildings are connected), which meets all applicable setback requirements. No variance is necessary under this scenario, however, the lots must be combined. If the property line remains in place, apply for a variance to the setback requirements, as the building connection would be right up to the property line on both properties. The only other option is to allow the construction under a planned unit development (PUD). However, this alternative would require a public hearing, similar to the other two options. Apparently Liberty Diversified wants to constrUct the building connection as soon as possible and not go through the public hearing process. However, we see no other alternative than to proceed in one of the three ways mentioned. 577,5 WAYZATA BOU/.,~'VARD, SUITE §,55 ST. LOUIS F~ARK, MINNESOTA 5541 B PHONE 6 I ~,-scj5-c~e,;3~ F'AX 0 I ~-59,~-9837 TOTAL P.01 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 97-20 Liberty Diversified Industries 9/11/97 11/10~97 1/9/98 5600 Highway 169 N. 5621 International Parkway Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application. 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. Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: 1. At the March 11, CITY OF NEW HOPE PLANNING CASE REPORT 96-04 An Ordinance Amending Chapter 8 of the New Hope City Code by Establishing Licensing Regulations for Pawnbrokers, Precious Metal and Second Hand Goods Dealers All B-4 Zoning Districts B-4, Community Business Zoning District City of New Hope October 3, 1997 October 7, 1997 BACKGROUND 1996, City Council meeting, the City Council passed a Resolution Authorizing a Planning Study to Consider Regulations for Pawn Shops and Pawn Brokering as a Legitimate Business Within the City of New Hope. The City currently has no special zoning or license requirements for pawn shops and within the past several years the City has received several inquiries regarding the possible location of pawn shops in the City. 2. The resolution directed the City Manager and staff to prepare a planning study addressing the secondary impacts that such a business would have on the City's land planning process. The study was to address the need for buffer zones from other land uses which may be sensitive to a pawn shop business and document the licensing fee to be charged in connection with Police Department costs involving the regulation of such a business. 3. In conjunction with that resolution, the City Council also approved an ordinance establishing a six- month moratorium on any pawn shop or pawn brokering business within the City. The prohibition was effective through September 11 and subsequently has been extended several times and is currently in effect until December 31, 1997. 4. As you are aware, the Codes & Standards Committee of the Planning Commission studied this issue during 1996, and at the November 6 Planning Commission meeting, the Planning Commission recommended approval of both a zoning ordinance amendment and an ordinance establishing licensing regulations. 5. These ordinances were presented to the City Council on November 15, 1996. Due to the fact that the APS (Automated Pawn System) technology was not available until late in 1997, staff recommended that the City Council table these ordinances for consideration at a future Council work session so that staff could explain all sections of the ordinances to the Council in detail. The Council tabled both ordinances until the January 13, 1997, Council meeting and subsequently tabled this matter to March 24, June 9, September 22, and October 27, 1997. 6. The City Council conducted a work session to review the pawn shop ordinances in May 1997 and found the ordinances to be generally acceptable. The Council directed staff to conduct further research on the "second hand dealers" section of the ordinance, as the Council did not feel that consignment shops needed to be regulated through this ordinance. The City Attorney and staff have made modifications to the ordinance, per the Council's direction. 7. The revised licensing ordinance was presented to the Codes & Standards Committee at its September'._.. 24 meeting and the Committee is in agreement with the proposed changes to the ordinance. 8. Staff is requesting review/approval of the revised licensing ordinance by the full Commission. If the Commission is in agreement with the changes, both the zoning and licensing ordinances will be presented to the City Council at the October 27 Council meeting and it is anticipated that the Council will adopt both ordinances and repeal the moratorium. (The Council adopted the APS Agreement with the City of Minneapolis at the September 22 Council meeting.) 9. No public hearing is required on the revisions to this licensing ordinance because it is not part of the Zoning Code. ANALYSIS 1. Per the City Attorney's June 12 correspondence, "Ordinance No. 97-2 An Ordinance Amending Chapter 8 of the New Hope City Code by Establishing Licensing Regulations for Pawn Brokers, Precious Metal and Second Hand Goods Dealers was considered by the City Council at their May 14, 1997, work session and a concern was raised by the Council concerning the application of this Ordinance to consignment clothing shops. There are two clothing consignment stores currently operating within the City. The original proposed Ordinance would require said stores to be licensed, subject to all investigation and license fees, all billable transaction fees, and all reporting requirements contained therein. The City Council indicated it might be 'overkill' to subject clothing consignment shops to this Ordinance." 2. The City Attorney reviewed numerous ordinances from other cities relating to this issue and indicated that only Minneapolis and Coon Rapids carve out an exception for this kind of business. The Minneapolis ordinance would still require consignment stores to obtain a second hand dealers license but would exempt them from the reportable transaction requirement for the receipt and sale of second hand clothing and shoes except sporting equipment. The Coon Rapids ordinance exempts dealers in second hand clothing and linens from the license requirement altogether by excluding this business from the definition of second hand goods dealer. 3. The City Attorney indicated that it was his impression from the discussions at the City Council work session that the Council would prefer to eliminate clothing' consignment shops from the definition of second hand goods dealer similar to the position taken by the Coon Rapids ordinance. This would be a Simple matter of adding consignment clothing stores to Section 8.334(2) dealing with transactions not requiring a second hand dealers license in the proposed Ordinance. He stated that the City should consider including all of the additional transactions as set out in either the Coon Rapids or Minneapolis ordinance for a license exemption. 4. The City Attorney further stated that if the City expands the exemption from a second hand goods dealer to more than consignment clothing stores, please keep in mind that Phil Hafvenstein, the Minneapolis Police Licensing Inspector, believes the sale of second hand sound or video recordings, or film, should not be exempted from the licensing requirement. It is his position that the theft of compact discs and tapes are the major reason for automobile break-ins. As a result, he believes a business engaged in the sale of used CDs, etc. should be licensed and subject to the reporting regulations. 5. The City Attorney revised the ordinance to address the above-stated issues. The major revision made to the Ordinance is found on pages 5 and 6. Specifically, §8.334(2) dealing with exemptions to the license requirement for second hand dealers was modified to incorporate additional exemptions. This modification was driven by the City Council's request to except second hand clothing consignment shops from the license requirements. 2 6. The revised Ordinance incorporates the exemption provisions for second hand dealers from the Minneapolis and Coon Rapids ordinances. The following transactions would be exempt from the second hand dealers license under the revised Ordinance if it were adopted in its present state: A. garage sales; B. book and magazine dealers; C. second hand clothing consignment shops; D. kitchen and laundry appliance dealers; E. furniture dealers; F. auctions held by a licensed auctioneer; G. dealers of recyclable material; H. occasional private sales of second hand goods between private parties; I. sales by charitable organizations that are gifted second hand goods (i.e., Salvation Army); J. used car dealers; K. any resale of second hand goods for less than $15.00; L. any dealer of second hand goods taken in as partial payment for the purchase of new merchandise; M. a bulk sale wholesaler or retailer; N. goods sold at an exhibition. 7. The revisions to the Ordinance were reviewed by the Codes & Standards Committee on September 24. The Committee was in general agreement with the revised Ordinance. Based on discussions at that meeting, minor changes were made to the definitions of billable transaction and reportable transaction found at Sections 8.332(1) and (8) on the first three pages of the Ordinance. Specifically, the word "pawnbroker" was eliminated from the definition and replaced with the word "licensee." This change was made in response to Commissioner Keefe's concern that these definitions were also applicable to the precious metal dealer and second hand goods dealer licenses. 8. The Committee further discussed exempting businesses engaged in the purchase and sale of second hand CDs and videos from the license requirement. However, it was decided that businesses engaged in the purchase and sale of second hand CDs and videos ~hould be licensed since the theft of these items are a motivating reason behind the break in to automobiles as reported by Sgt. Phil Hafvenstein. As a result, except for the minor changes to the definition sections referred to herein, no other changes were made to the Ordinance at the September 24 Codes & Standards meeting. 9. The City Council may further want to discuss the exemption for "Thrift Stores" in the Ordinance, as staff is aware that there is some concern by the Council about the number of these facilities that may potentially locate in the City. However, staff is recommending that the Commission approve this revised Ordinance in the present format and let the Council determine if they want further changes. RECOMMENDATION Staff recommends approval of the revised licensing ordinance. Attachments: Ordinance 97-2 9/30 City Attorney Correspondence 7/8 Planner's Memo 7/2 City Attorney Correspondence 6/12 City Attorney Correspondence 3 SEP-30-97 TUE 10:15 P, 04/28 ORD.[N^NCE NO. 97-2 AN ORDZNANCE AMENDING CH^PTER 8 OF THE NEW HOPE CITY CODE BY ESTABLTSHING LICENSING REGULATIONS FOR PAWNBROKERS~ PRECIOUS METAL AND SECOND HAND GOODS DEALERS The City Council of the City of New Hope ordains: Section 1. Section 8.33 "License for Pawn~rogprs. Precious Metal D~aler and Second Hand Dealer" of the New Hope City Code is hereby added to read as follows: 8.33 .License for..Pawnbrokers, Precious Metal Dealer and Second Hand Dealer, 8.331 .p~rDose, The purpose of this section is to prevent pawn shop, precious metals and second hand goods businesses from belng used aS facilities for the commission of crime, to assure that such bu=inesses comply w~th basic consumer protection standards and to protect the pub]jc health, safety and general welters of the c~t~zens of the City. The City Council therefore f~nds consumer protection regulation is warranted in transactions invo]ving pawnbrokers, precious metal dealers and second hand dealers. 8.332 Definitions. The following words and terms when used in th{s Section shall have the following meanings unless the context olearly indicates otherwise: (~) Bi.1 leble Transaction. Every reportable t ransac~ ion Conducted by a 1 icensee except renewals, redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee's possession is a billable transaction. (~) (3) Minor-, Any person under 18 years of age. Pawnbroker. Any person or agent dC employee thereof, within the CJ~y who loans money on deposits or pledge of personal property or other valuable" th~ng; who de=la in the purchasing of personal property or other SEP-30-97 TUE 10:16 P. 0S/28 valuable item on condition of selling that same item back again at a atipulated price; or who loans money secured by a mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a business tncludes buying personal property previously used, rented or leased, or =etling it on consignment, the pro¥ision of this section shall be applicable. Any bank, savings and loan associations or credit union shall not be deemed a pawnbroker for purposes of this section. (4) ~awnshoo. The location at whi=h or premises in which a pawnbroker regularly conducts business. (5) Person. An individual; a partnership, including a limited partnership; a corporation including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the State; or any other business organizat ion. Co) Precious Metal Dealer. Any person engaged in the business of buying coins or socond hand items containing precious metal, including but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. (7) Second Hand Dea~eC.. A person, partnership, firm or corporation whose regular business includes selling Or receiving tangib]e personal prooerty (exc]uding motor vehicles) previously u~cd, rented, owned, or leased. The term second hand dealer shall include pawnbroker and antique shops. (8) Reportable Transaction. Every transaction conducted by a ]~censee in which merchand{se is received through a pawn, purchase, consignment or trade, or in which renewed, extended or redeemed, is reportable except: (a] The bulk purchase or consignment of new or used mer,?handise from a merchant, Z SEP-30-97 TUE 10:16 P, 06/28 $.333 8,334 manufacturer or wholesaler having an established permanent place of business~ and the retell sale of said merchand~se~ provided the licensee must maintain a record of such purchase or consignment which descr{bes each items and must mark each item in a manner which relates ~t to that transaction record. (b) Retail and wholesale sales of merchandise originally received by pawn or purchase~ and for which all applicable hold and/or redemption periods have expired. L~ense Required, No person, firm or corporatiOn shall conduct or operate' the business of pawnbroker, precious metal dealer and second hand dealer without haying first obtained ~ l~cense therefore a~ herein provided; or ~n violation of any of the provisions herein contained. No pawnbroker, precious metal dealer and seoond hand dealer license may be transferred to a different location or a different person. A separate license ~s required for each place of business, A person may be issued multiple 11censes i~ there has been compliance w~th this code and all other county, state and federal law~ for each license, Exceotions to License,~.~guirement. (1) The following transactions shall not require precious metal dealers license: (a) Transactions at occasional "garage" or "yard" sales, or estate sales or auctions held at the decedent's residence, except that precious metal dealers must comply with the requirements of Minnesota Statutes, §§32SF.73 to 325F.744 for these transactions. (b] Transactions regulated by Minnesota St~tute~ Chapter SCA. (c) Transactions'$regu3'ated by the Federal Commodity Futures Commission Act. 3 SEP-90-97 TUE lO:16 P, 07/28 (2) Transactions involving the purchase of precious metal grlndings, filings, slag, sweeps, scraps or dust from an industrial manufacturer~ dental lab, dentist or agent thereof. (e) Transactions involving the purchase of photographic film such as lithographic and x-ray film or silver residue or flake covered in lithographic and x-ray film processing. (t) Transactions involving coins or bullion in ingots. (g) Transactions in which the second hand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the second hand item, (h) Transactions between precious metal dealers if both dealers are licensed under Minnesota Statutes §325F.733, or if the seller's business'is located outside of the State and the item is shipped Trom outside the State to a dealer licensed under Minnesota Statutes §32SF.733. (i) Resale transactions by an antique dealer of second hand items containin9 precious metal if the items are resold at retail in an unaltered condition exceot repair, and the antique dealer paid less then two thousand five hundred dollars ($2,500,00) for all second hand items containing precious metals purchased by said antique dealer within ~ny twelve (12) consecutive month period. The following transactions shall not require a seoond hand dealers license: The sale of ~cond"hand goods where of the following are present: SEP-30-97 TUE 10:16 P. 08/28 (i) The sale is held on property occupied as a residential dwelling by the seller or owned, rented or leased by a charit&ble or polltical organization. (ii) The items offered for sale are owned by the occupant. That no sale exceeds a period of seventy-two (72) consecutive houra, (iv) That no more than two (2) sales are held in any twelve (12) conseoutiYe month period at any residential dwelling. (v) That none of the items offered for sale shall have been purchased for resale or received on consignment- for purpose of resale. (D) The sale of ~econd hand books magazines. or (C) The sale Of second hand clothing and linens except that dealers of second hand bedding must comply with Minn. Stat. §§325F.25 through 325F.34. This exception does not apply to the sale of second hand sporting equipment. (d) The sale of Second laundry appliances. hand klt~hen or The sale of second hand furniture.' (f) The s~le of goods at an auction held by a licensed auctioneer. (h) The sale o~ recyclable materfa~ including, but not limited to, motor oil, aluminum, iron, glass, plastiC and paper. Private occa~onal"$a]es of second hand goods. Sales by cD..aritab]e organizations that t eke second hand goods for no compen sat ion. 8.335 (j) (k) The sale of used motor vehicles. The sale of any item for less than $15.00 in cash, merchandise or services for merchandise received provided- (i) the total amount paid any single person for resold merchandise does not exceed $45.00 within any 60-day Period; or (1) (ii) merchandise has not been received for resale from any single person more than three times within any 60- day period regardless of the total value of said transactions. The business of buying or selling only those second hand goods taken as part of full payment for new goods of greater value and where such business is incidenta~ to and not the primary business of a person. (m) A bulk sale of property from a merchant, manufacturer or wholesaler haying an established place of business or of goods sold at open sale from bankrupt stock. (n) Qoods sold at ar] exhibition. .Business, ManateE. A pers°n(s) designated by the ~icensee to operate a business i~ the ~icensee's absence. A licensee must designate s manager to operate the licensed business if the licensee cannot provide on-site supervisory services at the business for at 3east 40 hours per month. (1) When a licensee pla~es a manager in charge of a busln~ss, or if the named manager(s) in charge of a licensed business changes, the ~icensee must complete and submit the appropriate application, on forms provided by the City within fourteen"'(14) days. (2) Upon completion of an investfgation of a new manager, the l~ce~see must pay an amount equa~ to the cost of t Ka investigation to assure 6 SEP-BO-97 TUE 10:16 P, 10/28 8,336 8.337 8.338 8.339 8,340 compliance with this, Code. Zf the investigation process is conducted solely within the State of Minnesota, the fee shall be one thousand five hundred dollars ($500.00). Zf the investigation is conducted outside the State of Minnesota~ the issuing authority may recover the actual investigations cost not exceedln9 ten thousand dollars ($10~000,00), ApDljcati.on for License. Every appllcation for license under this Section, whether for a natural person, partnership, corporation or other organization shall be made on a form supplied by the City and shall contain all Information on said license form as required by law, _AJl. plication Execution. All license applications under this Section shall be signed and sworn to. Any license' obtained by use of false information shall result in the denial or revocation of a 1 i tense, A~pllcation Verlf,ioat!op. All applications shall be referred to the Police Dep&rtment for verification and investigation of the f~ots set forth in the applicatlon. The Police Department shall make a written report aha recommendation to the City Council as to issuance or non-issuance o¢ the license. The C{t¥ may order and ~onduct such additional investigation as it deems necessary during normal business hours. AJ~plication Consideration, If an application is granted for a location where a building is under construction or not ready for oocupancy~ the license shall not be delivered tO the licensee until a certificate of occupancy has been issued for the licensed premises. Fee~, (1) Appl.~cati~n Fee. (a) A nonrefundable application fee ~hall be as set forth in §14.108(1) of this Code. (b] The applica~"ion fee shall be paid in full bafore the license application is accepted. 7 $EP-30-97 TUE 10:17 P, 11/28 (;~) Investi~ation.,Fee. A lioense ~pp]icant under this Section shall pay the CITy at the Time an original ap=lication is submitted, a nonrefundable ~nvest~gation fee as set out in §14.100(2) of this Code for the following COSTS: (a) To verify the lfcense application and; (b) To assure compliance w~th this section. License Fee. (=) The l~cenee fee sha.11 be as set out ~n §14.105(3) ct this Code. (b) The first annual license fee shall be paid With the aPPlication and invest~gat{on fee. The application fee sh~3~ be credited to the first annual license fee, if the app~catlon ~s approved. (c) Upon rejection, den~al or withdrawal of any license application, only the annual l~cense fee shall be refunded ~n full, but not tile investigation or application fee. (4) Billable Transaction Fee. The billable transact{on license fee sh~11 be as set out in §14,106(4) of this Code ~nd classified according to the medium by which de~l¥ required reports ere submitted to the New Hope Police Dep~rtment. (b) The b{llable transaction license fee shall reflect the cost of processing transactions and other related regulatory expenses as determined by the City Council, and shall be reviewed and ~djusted, ~f'~nece~sary, at least every six (6) months. Licensees shall be notified ~n writing thirty (30) days before any e~justment ~s ~mplemented. The b~llable tran~ct~on foe for modem transaction shall not excee~ the billable transaction fee for m&nual transactions. 8 SEP-30-9? TUE 10:17 P, 12/28 8,342 8.343 8.344 (c) Billable transaction fees shall be billed monthly and are due and payable within thirty (30) days, Failure to Uo so is a violation of this section. Bond, A pawnbroker license will not be issued unless the applicant files with the City Clerk a bond with corporate surety, cash, or a United States Government Bond In the amount of five thousand dollars {$5,000.00) for a pawnbroker, precious metal dealer and second hand dealer license. The bond must be conditioned on the licensee obeying the laws and ordinances governing the licensed business and paying all fees~ taxes, penalties and other charges associated with the business. The bond must provide that it is forfeited to the City upon violation of any law or ordinance, Application Renewal. All licenses issued as per this section shall be effective for one year from the date of approval by the City, An application for the renewal of an existing license shall be made prior to the expiration date of the llcense and shall be made in such form as the City requires. No expiration of any license shall impair or affect the obligation of any pre-existing lawTul contract between the licensee and any pledgor. Death of a .License~. In the case of the death of a licensee, the relative or personal representative of the licensee may continue operation of the business for not more than ninety (90) days after the licensee's death. Conditions fo.F Approval of License. To be eligible for or to maintain a pawnbroker, precious metal or second hand dealer license, a person must operate lawfully and fairly w(thin the provisions of this section and all other applicable laws, and: (1) No license under thi~ Section shall be issued to an applicant who is a natural person if such applicant: ia) Is a minor at the time the application is filed; ~ 9 SEP-30-@? ?UE 10:17 P, 13/28 (2)' (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota statutes §364.05, ~ubd. 2, unless the person has ahown competent evidence of sufficient rehebilitaLion and present fitness to perform the duties of a pawnbroker as prescribed by Minnesota Statutes §304.03, Subd. 3; or (c) Holds an intoxicating under this Code; or liquor license (d) (e) Is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information; or · ~ not of sufficient good moral character - or repute ss determined by the City Council. No license under this Section shall be issued to an applicant that is a partnership if such aDDl~cant has any general partner or managing partner who: Is a minor a, the time the &ppl~cation ie filed; (b) Has been convicted of any crime directly related to the occupation and the person licensed as prescribed by Minnesota Statutes §364.03, Subd. 2, unless the person has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a p~wnbroker, as prescribed by Minn6sota Statutes §364,03 Subd, 3; or (c) (d) Holds an intoxicating under this Code; or liquor license Is not a c~tt'~en o'~ the United ~t~tes or a resident alien, or upon whomI it is impractlca3 ~o conduct a b~ckground and financial invest ig~t ion due to the unavailabii~tY of ~nformation; or 10 $EP-30-97 TUE 10:17 P, 14/28 Is not of sufficient good moral character or repute as determined, by the City Council. (3) No license under this Section shall be issued to an applicant that is a corporation or other organization if such applicant has any manager, propFietor~ or agent in charge of the business to be licensed who: ia) Is a minor at the time the application is filed; (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes §304.03 Subd. 2, unless the person has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties Of a pawnbroker as prescribed by Minnesota Statutes §~64.03 Subd. 31 or (c) Holds an intoxicating liquor under thi¢ Code; or license id) Is not a citizen of the United States or a resident alien, or upon whom it is impractical to condu~t a background and financial investigation due to the unavailability Of information; or (e) Is not of sufficient good moral character or repute as determined by the City Council. (4) Any change, directly or beneficially, in the ownership of any licensed pawnshop, precious metal or second hand dealer shall reauire the application for a new license and the new owner must satisfy all current eligibility requirements. (5) The following lod~tion~ shall be ineligible for a license under this Section: (a) No license,~hall be granted or renewed if the property on which the business is to '11 SE?-30-97 TUE 10:18 P, 15/28 8,345 be conducted is owned by a person who ie ineligible for a license under any of the requirements of this Code, (b) Where operation of a licensed premise would v~olate chapter 4 of this Code. (c) Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the ~icensed premise which improvements have not been completed. General License Restrictioq~, Recqrdkeeping. At the time of a receipt of an item of property, whether sol~ or pawned, the pawnbroker, precious metal dea~er and second hand dealer shall immediately record, using. the English language, in an indelible ink, or in a computerized record approved by the City Manager, the foltowln9 information: (a) A complete and accurate description of the item of property including, but not limited to, any trademark~ ~dentif~cation number~ serial number, model number, brand name, or other identifying mark on such item; (b) The date and time the item of property was received; (c) The fu~l name, residence address, resldenoe telephone number~ address, date of birth, sex, height, weight, race and color of hair and eyes of the pledgor or se~]er; (d) The amount advanced or pa~d; (e) (f) The maturity date o~ the pawn transaction and the amount due: The monthly and annual ~nterest rates, including all pawn fees and charges; and 12 SEP-30-97 TUE 10:18 P. 16/28 The 1 i oensee must also take color photographs or color video recording of; Each customer involved in a blllable transaction. Every item pawned or sold that does not have a unique serial or identification number permanently enoraved or offered. (iii) If a photograph is taken~ it must be at least two (2) in~hes in length by two (Z) inches.in width and must be maintained in such a manner that the photograph can be readily matched end correlated with all other records of the transaction to which they relate. Such photographs must' be available to the Chief of Police, or the Chiefs designee, upon request. The licensee must orally inform the person that he or she is being photographed and by displaying a sign of sufficient size in a conspicuous place in the Premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include &n identifiable close up of that person's race, Ztems PhOtOgraphed by video must be accurately depicted, V~deo photographs must be electronically referenced by time and date so they can be readily matched and correlated w~th all other records the transaction to which they relate. The licensee must orally inform the person that he or she is being videotaped and by displaying a sign of sufficient size in consp(c~bus ~l=oe on the premises. The licensee must keep the exposed videotape for three (3) months. 13 SEP-30-97 TUE 10:18 P. 17728 (~) (h) Digitized Photographs. Effective ninety (90) days from the date of notification by the Chief of Pollce, the licensee may fulfill the c010r photograph requirements in §8,345(1 )(9) by submitting them as digital images~ in a format specified by the issuing authority, elect ronical ly Cross referenced to the reportable tr'ansaction they are associated with. Notwithstanding the digital images may be captured from required video re~ordlngs, this provision does not alter or amend the requirements in §8.345(1)(g). Printed Record Keeping. The following shall be printed on all pawn ti'ckets: (a) The statement that "any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for ~ period of not less than ninety (90) days pest the date of the pawn transaction, renewal~ or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods." (b) The statement that "the pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item'. {c) The statement that ""this item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the reoelpt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons othe~ than" the original pledgor must be malnta~ned along with the original transaction record" ,: (d) A blank l{ne for the pledgor~s sign=tuts, · 14 SEP-30-97 TUE 10:18 P, 18/28 (3) I nsoect i on of Records. The pawnbroker, precious metal dealer or second hand dealer shall make available the information reciuired in §~.345(1) of this Section during business hours for inspection by the City. The information required in §8.345(1) of this section shall be retained by the pawnbrokers precious metal dealer and second hand dealer for at least three (3) years. These records shall be a correct copy of its entries made of the pawn transactions. (4) Dail.v ,Report to Police. (~) Method. Licensee mUST provide to the Po1 ice Department the informat Jori required in §8.345(1)(a-f), by transferring it from their computer to the APS Service provider via modem..All required records must be transmitted completely and accurately after the close of bus,ness each day ~n accordance with standards and procedures established by the City usin~ ~ dial-callback protocol or other procedures that address security concerns of the l~censee and the C~ty. The l~oensee must display a sign o1' sufficient size, a conspicuous place in the premises, which 4nforms patrons that all transactions are reported to the Police Department dai~¥. (b) Billable Transaction Fees. Licensees will be charged for billable transactions at the rate for the medium by wh(ch they were reported to the Police Department except: (il Zf a licensee who hae consistently reported via modem, is unable to successfully transfer the required reports by modem, the l(censee must provide the Pollce ~ Department printed"~copie's Of all reportable transactions along with the video tape(s) for that date, by 12:00 Noon the n~.xt business day and must be charged at the modem rate for billable transaot ions. 15 SEP-30-g? TUE 10:19 P, 19/28 (ii) If the problem is determined to be in the licensee's system and is not corrected by the olose of the first business day following the failure, the licensee must provide the requi red reports as detai led in §8.345(1) and must be charged at the modem rate for transactions through the close of the first business d~¥ following the failure, and at the manual rate for al 1 subsequent billable transactions until the error is corrected; or (iii) If a licensee'who has consistently reported via modem Is unable to capture, digitize or transmit the photographs required in §8.345(1)(g), the licensee must. immediately take all required photographs with a still camera, immediately develop the pictures, cross reterence the photographs to the correct transaction, and dellyer them to the Police Department by 12:00 Noon the next business day. Billable transactions will be charged at the modem rate for transactions through the close of the first business day following the failure, and et the manual rate for all subsequent billable transactions until the error is corrected. (5) Police Order to Hol~,,Prooer[y. Investigative Hold. Whenever a law enforcement official from any agency notifies a pawnbroker, precious metal dealer or secondhand dealer not to sell an item, the item must not be sold or removed from the premises. The investigative hold.shall be confirmed in writing by t~'e.ori'gin~tin9 agency within seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of in~ial notification, or until SEP-30-9? ?UE 10:19 P. 20/28 the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to §8,345(5)(b) of this Code, whichever comes first. (b) Order to Hold. Whenever the Chief of Police, or the Chief's designee, notifies a pawnbroker, precious metal deal or secondhand dealer not to sell an item, the item must not be sold or removed from the licensed premisee until authorized to be released by the Chief or the Chief's designee. The order to hold she11 expire n~nety (90) days from the date it is placed unless the Chief of Police or the Chief's designee determines the hold is st~11 necessary and notifies the licensee in (c) .Order to Confiscate. If an item is · identified as stolen or evidence in a criminal case, the Chief or Chief's designee may: (i) Physically confiscate and remove it from the licensed premises, pursuant to a written order from the Chief or the Chief's designee, or (ii) Place the item on hold or extend the hold as provided in §8.345(5](b) of this Code, and leave it at the licensed premiees. When an item is confiscated, the person doing so shall provide identific&tion upon request of the pswnbroker, precious metal deal or secondhand dealer, and shall provide the licensee the name end phone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to ~old/confiscate is no longer neces~%ry, 'the Chief of Police or the Chief's designee shall so notify the 'licensee. 17 SEP-30-97 TUE 10:19 P. 21/28 (6) Redemption Period for Pawned. Good.s° Any person p]edgln9, pawriing or depositing an item .for' security must have a minimum of ninety (90) days from the date of that transaction to redeem the item before it may be l'orfeited and so]d. During the ninety (90) day holding period~ items may not be removed from the ] i censed locat ~on except as prov~ ded in §8.34S(19) of this Code. Licensees are prohibited from redeeming any item' to anyone other than the person to whom the receipt was issued or, to any person identified in a written and notarized authorlzetion to redeem the property identified in the receipt, or to a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Wr'it1:en authorization for release of property to persons other than the original pledgor must be maintained eton9 ~ with the original 1: ran&act ~on record ~n accordance with §8.345(1) of this Code. (a) A pledgor shall have no obligation 1:o redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within ~ ]east ninety (90) days eT the date of the pawn, transaction, renewal, or extension sha]] automatically be forfeited to the pawnbroker, and qualified right, tit3e, and interest in and to the goods shall automatically vest in the pawnbroker~ preoious metal dealer Or second hand dealer. (b) The licensee's right, tltle, and interest In the pledged goods under (a) is ctua]ified only by the pledgor's right, while the pledged 9oods remain in possession of the pawnbroker, precious metal dealer or second hand dee]er and not sold to & third party, to redeem the 9oods by pay'in9 the loan plus fees and/or interest accrued .up to the date of redempt i on. (c) A pawn transaction that involves ho]ding only the t~,:t]e to property is subject to Minn. St~t. Chapter 168A or 33§. 18 SEP-30-97 ?UE 10:19 P, 22/28 Ho].ding Period for $old Go_.o..cI_S_. Any item sold to a pawnbroker, precious metal dealer or second hand dealer for which e report to the police is recluired shall not be sold or otherwise transferred for thirty (:30) days after the date of the transaotion~ However, an individual may redeem an item seventy-two (72) hours after the item was received on deposit by the pawnbroker, precious metal dealer or second hand dealer excluding Sundays and legal holidays. (8) Receipt. The pawnbroker~ precious metal dealer or second hand dealer shall provide a receipt to the seller or pledgor of any item of property received, sold or owned which sh&11 include: (a) The name~ address, and phone number of the pawnbroker business~ (b) The d~te on which the item wes received by the pawnbroker; (c) A description of the ~tem received and amount paid to the pledgo~ or seller in exchange for the 1tam pawned or so]d; (d) The signature of the pawnbroker agent; (e) The last regular business day by which the item must be redeemed by the pledgor w~thout risk that the item will be sold and the amount necessary to redeem the pawned ~tem on that date; (~) The annual rate of interest charged on Dawned items received; and (g) The name and address of the seller or pledgor. Hours .pi Operation. No pawnbroker, precious metal deater or secona hand dealer shall keep the pawnbroker, precious metal or second hand bus{ness open for the transaction of business on any d~¥ of the week before 7:00 a.m. or after 10:00 p.m. (10) MJn0r~. The pawnb~ker,'"precious mete3 dealer or second hand deater sha]3 not purchase or receive personal property of any nature or .deposit or pledQ~ from any m~nor, 19 ' SEP-30-97 TUE tO:20 P, 23/28 (11) !ns.p~ct. jo0_.._of Items. The. pawnbroker, pre~ious metal dealer or second hand dealer Shall, at all times during the term of the license, allow the City to enter the premises where the pawnbroker is located, for the purpose of inspecting such premises and inspecting the items, ware~ and merchandise therein for the purpose of locating 1tams suspected or alleged to have been stolen or otherwise improperly disposed. (12) License Diso.l&y, A license issued under this Section must be posted in a conspicuous place in the premises for which it is used. (12) Maintenance of Order, A licensee under this Sec:ion shu~l be r'esponsible for the conduct of the business being ooerated and shall maintain conditions of order. (14) Gambling. No licensee under this Section may operate or permit the operation on the licensed premises of dice, slot machines, roulette wheels, punch boards, blackjack tables, or pinball machines which return coins or slu~s, ships, or tokens of any kind~ whigh are redeemable in merchandise or C~Sh, No gambling equipment authorized under Minnesota Statutes, §§349A,11-34~.§0, may be operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery'tickets may t~ke place on ~he ~icensed premlses as authorized by the director of the lottery pursuant to Minnesota St at ut es, §§34gA,01-349A.15. (15) ProhibitQd .... ~O_o.~. No licensee under this Section shall accept ~ny item of property which cont=ins an altered or obliterated serial number or "Operation [dentification" number or any item of property whose serial number has been removed, (16) p.rope, r Tden_tifica~ion, '~A licensee under this Section shall not accept items of property unless the seller or pledgor provides to the pawnbroker one ~,f the following forms of photo ident ificat ion: ZO SEP-30-97 TUE 10:20 P, 24/28 ia) A valid Driver's License; (b) A Minnesota Identification Card; or A photo ident~flcation issued by the state of residency of the person from whom the ~tem was received and current Minnesota ~ddress. No other forms of ~dentificat~on shall be accepted. (17) Redemption Period. The date by which an item of property that has been pawned must be redeemed by the pledgor without risk that the item will be sold must be a day on which the pawnbroker is open for regular business. (18) Payment. When a pawnbroker, precious metal dealer or second hand dealer accepts an item for purchase or as security for a loan, payment for any article deposited, left, pledged or pawned may be made by cash or by check, draft or other negotiable instrument or order of withdrawal which is drawn against funds held by a financial inst(tution. This policy must be posted in a conspicuous place in the premises. (19) Business at Only One Place. A llcense under this Section authorizes the l~censee to carry on its bus,ness only at the permanent place of business designated 'in the license. The City may issue more than one license to a person if that person complies with this section for each license. However~ upon written request the Chief of Po~ce or his designee may approve an off-site ~ocked and secure storage facility, The lioensee shall permit inspection of the facility in accordance with §$.345(11) of thi~ Code. All provisions Of th~s chapter regarding recordkeep~ng and reporting apply to the facility and its contents. Property shall be stored in compliance with ~11 provisions of the c~ty Code. The licebsee '~ust either own the build~ng ~n which the business is conducted, and any approved off-site storage facility, or have a ~ease on. the business premises which extends for mor~ than six (~) months. 21 ' SEP-30-9? ?UE 10:20 P. 25/28 8,340 (20) Rest rict ions. o~._Weaooj~s. ia) A pawnbroker~ prectous metal dealer or second hand dealer may not receive as a pledge or otherwlse~ or accept for consignment or sale any revolver, pistol, rifle, shotgun, or other firearm unless said dealer also maintains a federal firearms dealers ltcense. (b) A pawnbroker~ preoious metal dealer or second hand dealer may not receive as a pledge or otherwise, or accept for consignment or salo~ any sawed off shotgun, automatic rifle~ black jack~ switchblade, or other similar illegal weapons or firearms, Res:r~ctions Regardin~ .... L~ense Transfer. Each license under this Division shall be issued to the. applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give or assign a license to another person. 8.347 Susoenslnn or Revocation of License. (4) The City Council m~y suspend or revoke ticense issued under this Section upon finding of a violation of: ia) Any of the provisions of this Section; or (b) Any state statute regulating pawnbrokers, precious metal dealers or second hand dealers. (2) Any conviction by the pawnbroker, precious metal dealer or second hand dealer for theft~ receiving stolen propert¥~ or any other crfme or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any lloense issued hereunder. Except in the case of a ~uspension pending a he~rtng or revocation, a revocation or suspension by ,~he city council shall be preceded by writ'ten notice to the lloeneee end SEP-30-97 TUE 10:20 P. 26/28 8,348 a public hearing. The written notice shall give at least ten (10) days~ nottoe of the time and place of the he,ring and shall state the nature of the charges against the pawnbroker. The Council m&¥, without any notice, suspend any license pending a he&ring on revocation for a period not exceeding thirty (30) d~ys. The notice may be served upon the pawnbroker or prectous metal ~ealer by the United States ma~l addressed to the most recent address of the business in the license application. ~eJ~mi t t ed Char~es. (1) Notwithstanding any other statutes, ordinance, rule, or regulation, a pawnbroker, precious metal dealer or second hand dealer may contract for and receive a charge not to. exceed three (3) percent per month of the prlnc~pal ~mount advanced {n the pawn _ transaction plus a reasonable fee for stor&ge and services. A fee for storage and services may not exceed twenty ($20.OO) dollars ~f the property is not in the possession of the ~awnbroker. (~) (3) The charge allowed under paragraph (1) shall be deemed earned, due, and owing as of the date of the pawn transaction ~nd a ~ke sum shall be deemed earned~ due, a~d owning on the same day of the succeeding month. However, if fu]~ payment ~e made more than two (2) weeks before the next succeedfng date, the pawnbroker, precious metal deeler or second hand dealer shall ~emit one-half (1/2) of the pawnshop charge for that month to the pledgor. Interest shall not be deducted ~n advance, nor shall any loan be divided or spl{t so as to y~elU greaZer interest or fees that would be permitted upon a slngle, consolldated loan or fo~ otherwise evading ap¥ p~ov~s~ons of th~s seot~on. "~ '" (4) Any ~ntereet, charge, or fees oontracted for or rece~ved~ d~r~ctly or indtre¢~ly~ ~n excess of ~he amount O~rmitted under this section, shall be uncollect~ble and the pawn transa~tlon shall be ¥o~d. 23 SEP-90-97 TUE 10:21 ?,27/28 6,349 8- 359 8,351 (5) A schedule of charges permitted by this section shall be posted on the pawnshop premises in a place ~learly Visible to the general public. Prohi btted Acts. No pawnbroker, precious metal dealer or second hand dealer licensed under this Section shall: (a) Lend money on a pledge at a rate of lnterest above that allowed by law; Intentionally possess stolen goods; (c) ~ell pledged goods before the time to redeem has expired; (d) Make a loan on a pledge to a minor. (z) No licensee may receive any goods, unless the seller presents identification in the form of a valid drivers license, a valid State of' Minnesota identification: or (3)' No licensee may receive any item of property that possesses an altered or obl iterated serial number or "operation identification" number or any ite. m of property that has had its serial number removed, B~demotion: Risk of. Loss, Any person to whom the receipt for pledged goods was issued, or any person identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or ~ny person identified in writing by the pledgor at the time of the initial transamtion and signed by the pledgor shall be entitled to redeem or re-purchase the pledged goods described on the ticket. In the event the 9cods are lost or damaged while in possession of the pawnbroker, precious metal dealer or second hand d~aler, the pawnbroker, precious metal dealer or second hand dealer shall compensate the pledgor, in c&sh or replacement goods ~cceptable to the pledgor, for the fair market v~lu~ of the lost or d~maged ~oodm, Proof of compensation shall be a defehse to any prosecution or civil action. SeverabilttV. If ~ny section, subsection~ sentence, clause, or phrase of'this Section is for any reason 24 SEP-30-97 TUE 10:21 P, 28/28 ~eld to be invalid, sugh dec~sion shall not affect the validity of the remaining portions o1 this D~vision. 8.352 ~13~. A violation of t~ts Section shall be a misdemeanor under Minnesota Law. $~¢tlon .... 2- Section 14.106 "Pawn Brokers,. Precious Metal pealer ~nd-'Seoond Hand Deal~E'" of the New Hope City Code is hereby added to read ~s follows: 14.106 Pawn B~okers, Precious Metal Dealer and Second Hand ~ealer LiCense. (1) A nonrefundable Appl ic~ttion Fee (2) A nonrefundable ~nvestig~tion Fee (including Manager investigation) $500.00 Actual Cost of investigation not to exceed $10,000.00. inveetJgat~on ~;)1 el y gonduct ed ~n M~ nnesot a, the invest ~g~tlon fee she33 be $500,00 $2,500.00 (3) Annual License Fee (4) Billable Transaction Fee (a) APS Modem Transaction $2.00 (b) Manuel Tr-ansact~on $3.00 Se=.t~on 3. Effective Date. Th~s Ordinance shall be effective upon its passage and publication. Dated the day of ,, 1997. W. Peter Enck, Mayor At t est: Valerie Leone, C~ty Clerk Published ~n the New Hope-Golden Valley Sun-Post the ~ 1997. ) 25 day of SEP-30-9? TUE 10:15 P, 02/28 COR~UCS: & SON~RALL, P.A- ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 15rooli/yn Park, Minnesota 55443 TF_.LCPHON~ (6~liL~) 4~B671 ~.1- Cl~. September 30, 1997 Ktrk McDonald Management Asst. City of New Hope 4401X¥]on Avenue North NeW HOpe, MN 55428 RE: Pawn Shop, Precious Metal and Second Hand Goods Dealers Licenses Our File No: 99.49702 Dear Kirk: Please find enclosed a revised Ordinance 97-2 regarding the referenced matter. Thie Ordinance is for consideration at the October 7, 1997 Planning Commission meeting. Based on our oonYersation at the September 24, 1997 Codes and Standards meeting, minor changes were made t~ the definitions of billable transaction and reportable transaction found at Sections 8.332(1) and (8) on the first three pages of the Ordinance. Specifically, the word "pawnbroker" was eliminated from the definition and rep]aced with the word "licensee". This change was made in responce to Commissioner Keefe's concern that these definitions were also npplicable to the precious metal dealer and second hand goods dealer licenses. No other changes were made to the Ordinance. We did discuss exempting businesses engaged in the purchase and sale of second hand CD~s and videos from the license requirement. However, it was decided that businesses engaged in the purchase and eale of second hand CD's and videos s~ould be licensed since the theft of these items are a motivating reason behind the break in to automobiles as reported by Sgt. Phil Hafvenstein. [ alluded to this in my July 2, 1997 letter on this Ordinance, Also~ you indicated you wanted to smeak with the Police Department regarding this issue. AS a result~ ex~ept for the minor changes to the definition sections referred to herein, no other ~hangee were made to the Ordinance at the September 24th Codes and Standards meeting, SEP-30-9? ?UE 10:15 P, 03/28 K~rk McDonald September 30, 15=J7 Page 2 P3e~se cont=ct me if you h=ve any other questions or comments regarding th~-s Ordinance. Very truly yours, Steven A. Sondra31 slt2 Enclosure cc; A1 Brixius, City Planner Valer~e Leone, City Clerk JUL-08-199~ 10:41 NAC 612 595 9839 P.03×84 MEMORANDUM- vi,, l~x Transmission TO: FROM: DATE: RE: FILE NO: Kirk McDonald Madhulika Singh / Alan Bdxius 8 July 1997 New Hope - Pawn Shops/Second Hand Dealers Licenses 131 .QO - 96.O4 The Code and Standards subcommittee has been requested to r= cxamine the license ordinance requirements for Pawn Shops/Second Hand Dealem Licenses specific to Section 8.332 which lists items exempt from a license requirement. As per the City Attorneys comments we support the exclusion of clothing consignments from Second Hand Shop license requirements. We are in agreement with the City Attorneys list of items to be excluded from second hand license requirements. These exemptions include the following: 2. 3. 4. 5. 6. o 8. 9. 10. 11. 12. 13. Garage sale, yard sale, or estate sales or farm auctions. Recyclers. '- Occasional private purchases and sale of second hand items. Sale by ct'~aritable organizations (non-ffofit organizations). Second hand clothing consignment shops. Buying and selling only those second hand goods taken as part or full payment for Resale of goods for leSs than $15.00. Furniture dealers. Kitchen and Laundry appliance dealers. Auctions held by licensed auctioneers. Used car dealers. Bulk sale wholesaler or retailer. Goods sold at an exhibition. The City may review the above list for their appropriateness and discuss any conflict of interest they may occur with similar existing businesses. ~' 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINN#50'r'A 5541~ PHONE. ~ I ~.-5~,~-'~,3~ FAX ~ I ~-~-~8~7 JUL-08-195' 18:42 NRC 612 595 983? Section 8. '134 (2) (b) of the current ordinance states that the following is exempt from license requirements: 'The sale of second hand books, magazines, sound or video recordings, or film". Sgt. Hafvenstein of Minneapolis Police department indicated that items such as CD's and videos motivate reasons for automobile break-ins and therefore should not be exempt for license requirements. In a Memorandum dated 18 October 1996, we suggested that shops that exclusively sell CD's and videos only are exempt fi'om a license, however, pawnshops that sell similar items along with other merchandise will require to keep records as specified in the license ordinance. Based on the above statement, the chances for stolen CD's and videos being sold at a business that exclusively sells these types of items is very Iow in comparison to pawn shops. On reviewing Sgt. Hafvenstein's comments and based on past research we recommend that the City reconsida' this section of the ordinance and it may be revised to include the following language: Exclusive CD and video shops are exempt form a seCOnd hand license, and Second Hand Books and Dealers. We suggest that the above issues be further commented upon in the next Code and Standard meeting. cc: Steve Sondrall TOTAL P.04 STEVEN A. SONORALL MICHAEL R LAFLEUR MARTIN P MALI~CHA WILLIAM C. 3TRAIT¢{ ~APPROVED AOR NEUTF~AL CORR/CK & SONDRALL, RA. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 LEGAL ASSiSTANr SHARON D L~E~BY July 2, 1997 Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Pawn Shop/Second Hand Dealers Licenses Our File No: 99.49702 Dear Kirk: Please find enclosed for consideration at the July 16, 1997 Codes and Standards meeting a revised Pawn Shop/Second Hand Dealers License Ordinance. Basically, the major revision made to the enclosed Ordinance is found on pages 5 and 6. Specifically, §8.334 (2) dealing with exemptions to the license requirement :_for second hand dealers was modified to incorporate additional exemptions. This modification was driven by the City Council's request to except second hand clothing consignment shops from the license requirements. This issue was also discussed in my June 12, 1997 letter (a copy of which is also enclosed). In con¢ormance with the recommendation ! made in my June 12th letter, the revised Ordinance enclosed incorporates the exemption provisions for second hand dealers from the Minneapolis and Coon Rapids ordinances. The following transactions would be exempt from the second hand dealers license under the revised ordinance if it were adopted in its present state: 2. 3. 4. 5. garage sales; book and ma9azine dealers; second hand clothing consignment shops; kitchen and laundry app]iance dealers; furniture dealers; Kirk McDonald July 2, 1997 Page 2 10. 11. 12. 13. 14. auctions held by a licensed auctioneer; dealers of recyclable material; occasional private sales of second hand goods between private parties; sales by charitable organizations that are gifted second hand goods (i.e. Salvation Army); used car dealers; any resale of second hand goods for less than $15.00; any dealer of second hand goods taken in as partial payment for the purchase of new merchandise; a bulk sale wholesaler or retailer; goods sold at an exhibition. Obviously, these exemptions should be discussed at the Codes and Standards meeting. The Committee may want to delete some of these items or may have some ideas about adding additional transactions not included in the herein list. I also made a number of grammatical changes suggested by Sgt. Hafvenstein. The one substantive change recommended by Sgt. Hafvenstein now incorporated into the revised ordinance is the removal from the license exemption provisions of dealers in CD's and videos. Sgt. Hafvenstein indicates theft of these items is the motivating reason behind automobile break-ins. Please review the revised Ordinance and contact me if you have any other questions or comments about it. Very truly yours, Steven A. Sondral slw2 Enclosure June 12, t997 Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Pawn ShoP/Second Hand Dealers Licenses Our File No: 99.49702 Dear Kirk: As you know, Ordinance No. 97-2 'An Ordinance Amending Chapter 8 of the New Hope City Code by Establishing Licensing Regulations for Pawn Brokers, Precious Metal and Second Hand Goods Dealers" was considered by the City Council at their May 14, 1997 work session. A concern was raised by the Council concerning the application of this Ordinance to consignment clothing shops. Specifically, it is my understanding that three clothing consignment stores~currentty operate within the City. Our proposed Ordinance'would requfre sat'd stores to be licensed, subject to all investigation and 1.icense fees, all billable transaction fees,' and &11 reporting ~equtreme~t.~ contained therein. The City Council indicated it might be "overkill" to' subject clothing consignment shops to this ordinance. ! reviewed numerous ordinances from other cities relating to this issue. Only Minneapolis and Coon Rapids carve out an exception for this kind of business (see attached copies of relevant ordinance sections). The Minneapolis ordinance would still require consignment stores to obtain a second hand dealers license but would exempt them from the reportable transaction requirement for the receipt and sale of second hand clothing and shoes except sporting equipment. The Coon Rapids ordinance exempts dealers in second hand clothing and linens from the license requirement altogether by excluding this business from the definition of second hand goods dealer. It was my impression from the discussions at the City Council work session that the Council would prefer to eliminate clothing Kirk McDonald June 12, 1997 Page 2 consignment shops from the definition of second hand goods dealer similar to the position taken by the Coon Rapids ordinance, This would be a stmple matter of adding consignment clothtng stores to Section 8.334(2) de&ling" with transactions not requiring a:-second- . hand dealer~. 1 fcerr~e.., tn ou~ proposed: o~dtna~e.. Including a-Il of' th~ addtttonal~transacttons t he Coo~ Rap~ds~ ~ Mfnneapol.t s: o~dtna~e~.:fo~ [f we expand the exemption from a second hand goods,desist'to more than consignment clothtng stores, please keep in ming that. Phil HafYenstetn, the Minneapolis Police Licensing Znspectorw believes the sale of second hand sound or video recordings, or.ftlm~"should not be exempted from the licensing requirement. It's his position that the theft of compact discs and tapes are the major re&son for automobile breaktns. As. a result, he believes · business, engaged-. tn the sale of used CD's, etc, should be licensed end subject to the reporting regulations. As we discussed, these Changes should be considered bY the Codes and Standards Committee at its next meeting on dune 18; 1997. Contact me if you have any questions or commente._[regardtng this letter or the attachments. Very truly yours, Steven A. Sondral. l- slt2 Enclosures Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 96-31 Ordinance No. 97-15, Consideration of An Ordinance Amending the New Hope City Code by Establishing a Shoreland Permit Overlay District Sh0reland Permit Overlay District Shoreland Permit Overlay District City of New Hope October 3, 1997 October 7, 1997 UPDATE 1. The City of New Hope is requesting consideration of an ordinance amending the New Hope City Code by establishing a Shoreland Permit Overlay District 2. In 1996 the City of New Hope formally adopted its Surface Water Management Plan after the plan was formally approved by the Shingle and Bassett Creek Water Management Organizations. One of the recommendations/requirements of the plan was that the City adopt and implement the DNR Shoreland Regulations. Currently, the Zoning Ordinance for the City of New Hope does not contain specific shoreland regulations. The Planning Consultant prepared a "draft" ordinance amendment to establish a Shoreland Permit District and regulations. 3. City staff and consultants, including the Planning Consultant, City Engineer, City Attorney, Director of Public Works, Building Official, representatives from the DNR and Management Assistant met on many occasions over the past year to review and discuss the regulations. The Codes & Standards Committee has also reviewed the ordinance on several occasions. The purpose of the standards is to preserve the quality of lakes. As the Planning Consultant has stated in his report, the City of New Hope agrees with the intent of the regulations, but due to the fact that the land surrounding the water bodies in the City is fully developed, the City is unable to meet all of the regulations of the DNR Model Ordinance and some flexibility is being requested. Per the enclosed correspondence between the City and DNR, there are on-going discussions about the extent of the flexibility that the DNR is willing to grant the City. 4. The Planning Commission considered this ordinance and opened a public hearing on this matter at the April 1 Planning Commission meeting, however, the ordinance was tabled until such time that the DNR had established the Ordinary High Water (OHW) elevations for both Northwood and Meadow Lakes. 5. The DNR recently established the OHW elevations for both lakes and this ordinance was reviewed by the Codes & Standards Committee at its September meeting. The Committee was in general agreement with the ordinance, but is recommending that the City continue to pursue flexibility on some of the standards. The Committee recommended that the ordinance be forwarded to the full Commission for consideration. 6. Subsequent to the Codes & Standards Committee meeting, the City Engineer sent correspondence stating that it was his opinion that the setbacks should be measured from the outlet elevations of each lake instead of the OHW elevation. The Planner has reviewed this issue with the DNR and they are not in agreement with this position. 7. The Planning Consultant has prepared the attached report summarizing the ordinance, including a draft ordinance, a memo summarizing points of flexibility in the ordinance, and correspondence and memos from the Building Official, City Engineer and DNR. Please review these items in detail. The Planning~--~ Consultant will make a presentation on this ordinance and related issues at the October 7 meeting. As is City policy, the City Attorney is responsible for putting all City ordinances in final format. Enclosed is the official ordinance prepared by the City Attorney last spring. This ordinance is the document that the Commission is considering and it may need to be modified, based upon the discussion that takes place at the meeting. RECOMMENDATION Staff recommends approval of the ordinance, subject to the following condition: 1. Flexibility be requested from the DNR on the issues outlined in the Planning Consultant's report. Attachments: Planner's Report Exhibit A - Draft Ordinance Exhibit B - Structure Setbacks from Northwood Lake Exhibit C - Memo Summarizing the Requested Flexibility Exhibit D - City Engineer memo Exhibit E - New OHW Elevations from the DNR Exhibit F - March 14, 1997, Memo from DNR Public Hearing Notice Ordinance No. 97-15 3/13 City Attorney Correspondence NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNINO - DES ON - MARKET RESEARCH MEMORANDUM TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary Teague/Alan Brixius 2 October 1997 New Hope - Shoreland Ordinance 131.00 - 96.13 BACKGROUND In conjunction with the City's Surface Water Management Plan, the City is required to adopt Shoreland Regulations per the Minnesota Department of Natural Resources (DNR) requirement. Currently, the Zoning Ordinance for the City of New Hope does not contain specific shoreland regulations, therefore, our office prepared a "draft" ordinance amendment to establish a Shoreland Permit District and regulations. The City reviewed the draft Ordinance early this year, however, tabled the issue to allow the DNR time to establish Ordinary High Water (OHW) elevations for both Northwood and Meadow Lake. Establishing the OHW was important in determining lakeshore setbacks for the homes on these lakes, particularly on Northwood Lake. The DNR has now established OHW elevations for Northwood Lake and Meadow Lake. The elevations are shown below. Please note the comparison to the topography map water elevation used in previously calculating the lakeshore setbacks. Northwood La~e New OHW Topoqraphy Map Elevation Discrepancy 885.5' 884.3' +1.2' Meadow Lake 893.5' 894.3' -0.8' As demonstrated above, the OHW for Northwood Lake will decrease the previously established structure setbacks, as the elevation has increased over one (1) foot. Using the new elevations, Doug Sandstad determined the structure setbacks on Northwood Lake. As demonstrated on the attached Exhibit B, eleven (11) homes now do not meet the State's 50-foot setback, the previous total was seven (7). Setbacks from Meadow Lake could not be determined as the topography maps do not include contour lines into the water. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 I 6 PHONE 6 I ~.-595-9636 FAX 6 I ;:'-595-9837 However, as demonstrated in the attached Exhibit D, the City Engineer feels that the lakeshore setback should be measured from the Outlet elevation of each Lake. As demonstrated on Exhibit E, the DNR did cite the Outlet elevations in their analysis, however, in a phone conversation with Tom Hovey of the DNR, he does not agree that the structure setbacks should be measured from that elevation. The lakeshore structure setback throughout'the State is measured from the OHW, the DNR would not like to vary from that requirement. Last Spring, the City of New Hope had indicated to the DNR that it would request flexibility (a 40-foot setback) to the DNR requirement of a 50-foot structure setback from the OHW. However, in a memo dated March 14, 1997 (Exhibit F), Tom Hovey of the DNR stated that he would not support the City's case for flexibility. In the recent phone conversation with Mr.' Hovey, despite the new OHW elevations, the DNR is not likely to support the flexibility request. If the flexibility for setbacks is not approved by the DNR, the City will likely face many variance requests by homeowners whose homes are located within the required 50 foot setbacks that would like to improve the livability of their homes. Rather than granting variances it would be much easier administratively for the City to require a 40 foot lakeshore setback. The City should decide whether it should further pursue the setback flexibility in the face of Mr. Hovey's comments or agree to the State's standard setback of 50 feet with the understanding that it may process variance requests for some home expansions. In the following pages we have outlined the significant elements of the Shoreland Ordinance and other flexibility areas being requested. Attached for Reference: Exhibit A - Draft Ordinance Exhibit B - Structure Setbacks from Northwood Lake Exhibit C - Memo Summarizing the Requested Flexibility Exhibit D - City Engineer Memo Exhibit E - New OHW Elevations from the DNR Exhibit F - March 14, 1997 memo from DNR SUMMARY OF ORDINANCE Attached is the Model Shoreland Ordinance for your reference. The following provides a summary of the draft ordinance. Please note that this is only a draft, and is subject to any revisions found to be necessary by staff, the Planning Commission or the City Council. Section 4.022 Definitions Definitions would be added which are not within the City's existing zoning ordinance, and must be defined as they are used throughout the Shoreland Ordinance. These definitions shall be inserted within the existing definitions section of the Zoning Ordinance. The additional words to be defined are as follows: Bluff Commercial Use Industrial Use Ordinary High Water Level Sensitive Resource Mgmt. Shore Impact Zone Toe of the Bluff Public Waters Bluff Impact Zone Commissioner Intensive Vegetation Clearing Semipublic Use Setback Shoreland District Top of the Bluff Building Line Hardship Deck Sewer System Steep Slope Water-Oriented Accessory Structure or Facility Section 4.161 Shoreland Permit Overlay District Language is added regarding Statutory Authorization, Policy, Jurisdiction and Compliance with all provisions of the City Code. Flexibility is being requested in the district boundaries, as the Shoreland Permit Overlay District within the City is proposed to be the first tier of riparian lots abutting a protected lake or tributary, rather than extending the District 1000 feet from the lake Ordinary High Water level. Section 4.162 Shoreland Classification Northwood Lake and Meadow Lake have been classified by the DNR as General Development Lakes. Additionally, Bass Creek has been classified as a Tributary Stream. Section 4.163 Administration An administrative section is established for the purpose of requiring a shoreland permit for construction of buildings (including decks and signs) or additions. Each permit is to be reviewed by the Zoning Administrator to ensure compliance with the Code. If compliance is not met, a variance may be requested, therefore, the City's Variance Procedure is referenced within this section. All requests for variances, subdivisions, conditional use permits, and amendments under the local shoreland controls must be sent to the DNR for review and comment. Section 4.164 Land Use District Descriptions This section simply references the allowed uses within the Shoreland District as determined by the underlying zoning district. Section 4.165 Lot Area and Width Standards This section reiterates the City's minimum required lot size and width requirements for single family, duplex, townhome, multiple family and elderly/handicapped housing as well as commercial and industrial uses. This is an area in which flexibility is being requested for minimum lot area and lot width. Section 4.166 Placement, Design, and Height of Structures This section provides specific regulations for the following: Structure setbacks are regulated per the underlying zoning district. On Riparian lots, principal buildings must also be set back fifty (50) feet from ordinary high water levels (per the State Model Ordinance). According to the attached memo prepared by Doug Sandstad, regarding lakeshore setbacks on Northwood Lake, by requiring a fifty (50) foot setback to the ordinary high water level, eleven (11) structures on Northwood Lake would not meet the required setback. Structures are also subject to the regulations of the existing flood plain ordinance. Flexibility is being requested for a forty (40) foot setback from the OHW. If forty (40) feet were the required setback, then five (5) homes would not meet the setback requirement. Height regulations are included per the underlying zoning district. The New Hope Zoning Ordinance allows heights between 2-1/2 stories for single family homes and 4 stories for multiple family dwellings. Therefore, flexibility is requested here, as the Model Ordinance requires that the minimum height for buildings shall be twenty-five (25) feet. Each lot within the Shoreland District is allowed one water-oriented accessory structure subject to compliance with specific conditions, such as setbacks, size, and visibility. Additionally, the structure may not be livable. Flexibility is being requested for the height of water-oriented accessory structures. The Model Ordinance requires a maximum height of ten (10) feet. The New Hope City Code allows for heights of fifteen (15) feet for accessory structures. Therefore, a maximum height of fifteen (15) feet is proposed. Mr. Hovey stated in his letter, that the DNR would not be supportive of the flexibility in the accessory structure height requirement, therefore, the City should consider if it would like to continue to pursue flexibility in this instance. Detailed provisions are stated for construction of stairways, lifts and landings for achieving access up and down bluffs and steep slopes to shore areas.' 4 Specific regulations are proposed for the regulation of all shoreland alterations, including vegetative alteration and grading and filling. This type of work is covered either by a building permit for construction, or by a shoreland permit. In either instance, specific conditions must be satisfied prior to commencement of any work. Specific regulations have been added regarding stormwater management. Impervious surfaces are required not to exceed 35%, unless specific conditions are satisfied. Under the 35% requirement, 90% of lots within the Shoreland. District meet the minimum requirement. The DNR model ordinance allows a maximum of 25%, therefore, flexibility is being requested. Section 4.167 Nonconformities A section regarding nonconforming uses is included. This. section references the City's non-conformance provisions of Section 4.031. Additionally, proviSions are added for the construction of decks on to nonconforming structures within the shoreland district without the need for a variance. Rational for flexibility requested Also, attached for your reference is a copy of a Memorandum dated 2 October 1997, summarizing the rational for the flexibility being requested in the draft ordinance. DRAFT - DRAFT- DRAFT CITY OF NEW HOPE ORDINANCE NO. AN ORDINANCE AMENDING .THE NEW HOPE ZONING ORDINANCE SECTION 402 DEFINITIONS AND ESTABLISHING SECTION 4.16 SHORELAND PERMIT DISTRICT (SP) THE CITY OF NEW HOPE ORDAINS: Section 1. Section 402 of the New Hope Zoning Ordinance is hereby amended to add the following language: 4.022 Definitions. (9D) Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff): a. Part or all of the feature is located in a shoreland area; The slope rises at least twenty-five (25) feet above the ordinary high water level of the waterbody; The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the ordinary high water leVel averages thirty (30) percent or greater; and d. The slope must drain toward the waterbody. (9E) Bluff Impact Zone. A bluff and land located within twenty (20) feet from the top of a bluff. (12A) Building Line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (23A) Commercial Use. "Commerc'al' refers to the use classification defined as B-1, B-2, B-3, and B-4 under provisions of the New Hope City Code Chapter 4. EXHIBIT A (24C) (33A) (71A) (74B) (74C) (103A) (112B) (122B) (122C) Commissioner. Within Section 4.16 "Commissioner" shall be defined as: The commissioner of the Department of Natural Resources. Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three (3) feet above ground. Hardship. A situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his or her property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the official controls. Industrial Use. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. Intensive Vegetation Clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Ordinary High Water Level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Public Waters. Any waters as defined in Minnesota Statues, section 105.37, subdivisions 14 and 15. Semipublic Use. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Sensitive Resource Manaqement. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of 2 (123) (124B) (125D) (128C) (128D) (132A) flora or fauna in need of special protection. Setback. The minimum horizontal distance between a building,street, lot line, The setback distance is measured at ground level ~)~:i?.~ to a point on the ground directly under the most outwardly extended portion of the side of the structure nearest the lot line, e~:i~i~y Shore Impact Zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback. Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over twelve (12) percent, as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. Toe of the Bluff. The lower point of a 50-foot segment with an average slope exceeding eighteen (18) percent. Top of the Bluff. The higher point of a 50-foot segment with an average slope exceeding eighteen (18) percent. Water-Oriented Accessory Structure or Facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include gazebos, screen houses, pump houses, and detached decks. 3 4.16 4.161 Section 2. Section 4.16 is hereby established to add the following regulations: SHORELAND PERMIT OVERLAY DISTRICT (SP) Policy and Application (1) Policy. The uncontrolled use of shorelands of the City of New Hope affects the public health; safety and general welfare not only by-contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. (2) Statutory Authorization. This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. (3) Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 4.167 of this Ordinance. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. (4) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this ordinance and other applicable regulations. (5) District Application. The 'SP" Shoreland Permit Overlay District shall be superimposed (overlaid) upon all the zoning districts as identified in Section 4.041 of this Ordinance as existing or amended by the text and map of this ordinance. The regulations and requirements imposed by the 'SP" Shoreland Permit Overlay District shall be in addition to those established by the base zoning district which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. (6) District Boundaries. The boundaries of the 'SP", Shoreland Permit Overlay District within the City of New Hope consists of the first tier of riparian lots abutting a protected lake or tributary identified in Section 4.162 of this Ordinance. The specific boundaries of the "SP", Shoreland Permit Overlay District is shown on the New Hope Zoning Map. 4 4.162 Shoreland Classification System (1) Public Waters. The public waters of New Hope have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota. (2) Official Map. The Shoreland Permit District for the waterbodies listed below shall be shown on the New Hope Zoning Map. (3) Lakes. General Development Lakes Northwood Lake (North branch of. Bassett Creek) Meadow Lake Protected Waters Inventory I.D. # 27 - 627P 27- 57P (4) Rivers and Streams. Tributary Streams. Bass Creek 4.163 Administration (1) Shoreland Permit Required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this Ordinance that occur within the Shoreland Permit District. Application for a permit shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official application form of the City, accompanied by a fee as outlined in Chapter 14. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use. (2) Certificate of Zoning Compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in this ordinance. (3) (4) (5) Variance. Variances may only be granted in accordance with Section 4.22 of the Zoning Ordinance. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The Planning Commission and City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (5) below shall also include the Planning Commission and City Council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. Conditional Use Permit. Conditional Use Permits may only be granted in accordance with Section 4.21 of the Zoning Ordinance. A conditionally permitted use may not circumvent the general purposes and intent of this ordinance. The following additional evaluation criteria and conditions apply within shoreland areas: (a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction. (b) The visibility of structures and other facilities as viewed from public waters is limited. (c) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Notifications to the Department of Natural Resources. (a) Public Hearings. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 6 (b) Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner of the commissioner's . designated representative and postmarked within ten days of final action. 4.164 Land Use District Descriptions. (1) Allowed Uses. Allowed land uses within the Shoreland District shall be determined by the underlying zoning district, as listed within Sections 4.05 through 4.15 of the Zoning. Ordinance. 4.165 Lot Area and Width Standards. Lot area and width standards for residential development shall be regulated per the underlying zoning district. Said minimum requirements are as follows: (1) Residential: Area Per Unit Width Single 9,500 s.f. 75 feet Duplex 7,000 s.f. 75 feet Townhouse 5,000 s.f. 80 feet Multiple Family 3,000 s.f.* 100 feet Elderly Housing and/or Physically Handicapped 1,000 s.f. 100 feet * 4,000 square feet in an R-3 District (2) Commercial and Industrial: Area .Per Unit Limited Business 10,000 s.f. Neighborhood Bus. 10,500 s.f. Residential Office 15,000 s.f. Retail Business 43,560 s.f. Limited Industrial 43,560 s.f. General Industrial 43,560 s.f: Width 80 feet 80 feet 100 feet 100 feet 150 feet 100 feet 7 4.166 Placement, Design, and Height of Structures. (1) Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level; provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: ' (a) Required Setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. (b) Ordinary High Water Level Setback. Structure Setbacks (in feet) from the Ordinary High Water Level. Classes of · Public Waters Structure Setbacks General Development Tributary 40 feet 40 feet (c) Required Bluff Setback. The following setback shall be applied, regardless of the classification of the waterbody: Structure Setback Top of Bluff 30 feet (d) Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. (e) Height of Structures. Required height for all structures shall be as follows: District Building Height. R-1 2-1/2 stories R-2 2-1/2 stories R-3 3 stories R-4 4 stories R-5 4 stories 8 (2) District R-O B-1 B-2 B-3 B-4 I-1 I-2- Building Height 3 stories 2 stories 3 stories 3 stories 3 stories 3 stories 3 stories Design Criteria for Structures. (a) High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, structures must be placed at least three (3) feet above the highest known water level, or two (2) feet above the ordinary high water level, whichever is higher. (b) Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in subsection (1) above if this water-oriented accessory structure complies with the following provisions: (i) Each lot shall be limited to one (1) accessory building in addition to an accessory garage. (ii) The structure or facility must not exceed fifteen (15) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks must not exceed eight (8) feet above grade at any point. The setback of the structure or facility from the ordinary high water level must be at least ten (10)feet. (iv) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions. (v) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area. 9 (c) (vi) (vii) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water- oriented sporting equipment, may occupy an area up to four hundred (400) square feet provided the maximum width of the structure is twenty (20) feet as measured parallel to the configuration of the shoreline. Stairways, Lifts, and Landinqs.. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to the Shoreland Permit District areas. Stairways and lifts must meet the following design requirements: (i) Stairways and lifts must not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments. (ii) Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments. Canopies or roofs are not allowed on stairways, lifts, or landings. (iv) Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided, they are designed and built in a manner that ensures control of soil erosion. (v) Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical. 10 (3) (d) (vi) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (i) to (v) are complied with, in addition to the requirements of Minnesota Regulations, Chapter 1340. Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (a) Vegetation Alteration. Removal or alteration of vegetation is allowed subject to the following standards: (i) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. (ii) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a, view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities provided that: The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. 11 (b) (c) (d) Along rivers, existing shading of water surfaces is preserved. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. Construction Permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued construction permits for these facilities do not require the issuance of a separate shoreland grading and filling permit. Shoreland Grading/Filling Permit. Notwithstanding (b) above, a shoreland grading and filling permit will be required for: (i) The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and (ii) The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones. Conditions. The following considerations and conditions must be adhered to during the issuance of construction permits, shoreland grading and filling permits, conditional use permits, variances and subdivision approvals: (i) Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*: 1. Sediment and pollutant trapping and retention. o Storage of surface runoff to prevent or reduce flood damage. 3. Fish and wildlife habitat. 4. Recreational use. 12 (ii) (iv) (v) (vi) (vii) (viii) Shoreline or bank stabilization. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. * This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. Fill or excavated material must not be placed in a manner that creates an unstable slope. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty (30) percent or greater. Fill or excavated material must not be placed in bluff impact zones. 13 (4) (ix) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, section 105.42. (x) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. (xi) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three (3) feet horizontal to one (1) foot vertical, the landward extent of the riprap is within ten (10) feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three (3) feet. (e) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. Stormwater Management. standards shall apply: The following general and specific (a) General Standards. (i) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. (ii) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. 14 (b) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be 'given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. Specific Standards. (i) Impervious surface lot coverage shall not exceed thirty- five (35) percent of the lot area, except as a conditional use, which shall comply with the following standards: All structures, additions or expansions shall meet setback and other requirements of this Ordinance. The lot shall be served with municipal sewer and water. The lot shall provide for the collection and treatment of storm water in compliance with the City Surface Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer and the underlying Watershed District. Measures to be taken from the treatment of storm water runoff and/or prevention of storm water from directly entering a public water. The measures may include, but not be limited to the following: Appurtenances as sedimentation basins, debris basins, desilting basins or silt traps. 15 4.167 Installation of debris guards and microsilt basins on storm sewer inlets. Use where practical, oil skimming devices or sump catch basins. Direct drainage away from the lake and into pervious, grassed, yards through site grading, use of gutters and down spouts. Construction sidewalks and driveways of partially pervious raised materials such as decking which has natural earth or other previous material beneath or between the planking. Use grading and construction techniques which encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. Install berms, water bars, or terraces which temporarily detain water before dispersing it into pervious area. (ii) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. New constructed stormwater outfall to public waters must provide for filtering or settling of suspended solids and skimming or surface debris before discharge. Nonconformities. All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to Section 4.031 of the New Hope Zoning Ordinance for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in sh0reland areas: (1) Deck additions may be allowed without a variance to a structure not 16 meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (a) The structure existed on the date the structure setbacks were · established. (b) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. (c) The deck encroachment toward the ordinary high water level maintain, a minimum setback to less than twenty-five (25) feet. (d) The deck is constructed primarily of wood, and is not roofed or screened. Section 3. Effective Date. This Ordinance shall be in full force and effect upon its passage and publication. of ADOPTED by the Mayor and City Council of New Hope, Minnesota this 1997. day W. Peter Enck, Mayor ATTEST: Valerie Leone, City Clerk 17 4401 Xylon Avenue Nor1~ New Hope, M~'nnesola $5428-4898 City Hall' 612.53~-5f00 Police: 612.531-5170 Pubh'c Works: 6;2.533.4823 TDD. 672.531.5f09 City llall Fax: fi12-531,513~ Pol/~e Fax: 612.531-$174 Public Works Fax: 512-533-7650 Fire Oep't. Fax: 612-53t.5175 DATE: September 9, 1997 TO: Carey, Northwest Associated C~sultants FROM: Doug Sandstad C?L/~ I have recalculated the Northwood/-':{~ake'' building setbacks from the estimated Ordinary' High Water [OHW] mark of 885.5 feet. The data summary in my 12-23-96 memo was based upon the water level 884.3, illustrated by our 1991 TOPO's. All 62 adjacent buildings were considered: 1991 WATERLEVEL-884.3 1997 OHW- 885.5 TOTAL SETBACKS; 5,010 / 62 = AVERAGE; 80 feet RANGE is 30 - 140 feet MEDIAN = 90 feet 4,545 / 62 = 73 feet 25- 130 feet 80 feet The critical setbacks are in the low ranges, as foltows: "Setback": "Homes": 30 feet 4 40 feet 7 50 feet 5 Please calI me, to discuss this matcrial. Cc; Attachments McDonald Family Styled City., .',i'~, ~1~\~' For Family Living EXHIBIT B Northwood Lake Vicirdt'y [ExI'dbR~XWV] 120 [~ No~wood pk~lock~e] 9o 100 100 100 100 90 90 90 80 7o 70 90 100 90 80 80 70- 90 100 110 · 120 - - ~o ' 130 end sou~ side - 100 · 100 - 90 · 80 - 70. - 70 - · 60 6(~ no lake frontage park shelter TOTAL 5,010 / 62 = AVERAGE = 80 feet RANGE is 30- 140 }eet MEDIAlxl = 90 feet doug~ompilation 10-23-96 39' 35' 30' 40' 50' 45' 50' 30' NORTHWEST ASSOCIATED COMMUNITY PLANNING DESIGN CONSULTANTS MARKET RESEARCH MEMORANDUM TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary Teague/Alan Brixius 2 October 1997 New Hope Shoreland Ordinance 131.00 - 96.13 INTRODUCTION As part of the City's update of its Surface Water Management Plan, New Hope is required to adopt a Shoreland Ordinance to carry out the intent of the Minnesota Department of Resources' State-Wide Standards for "Management of Shoreland Areas". The purpose of the State-wide standards is to preserve the quality and user enjoyment of all lakes. The City of New Hope agrees with the intent of the shoreland regulations, however, due to the fact that the land surrounding the City's water bodies is fully developed (see attached zoning map), the City is unable to meet all of the regulations of the DNR Model Ordinance. The water bodies within the City of New Hope are classified as General Development Lakes and, as demonstrated on the exhibits attached to this document, many of the existing lots and structures do not meet the minimum lot area, structure height, impervious surface, and structure setback requirements. Recognizing the existing conditions surrounding the City's water bodies, the DNR should also be aware that New Hope is very pro-active in encouraging reinvestment and maintenance in the City's housing stock and commercial properties, and is therefore, not willing to adopt an ordinance to make property improvement more difficult, therefore, flexibility to the Model Ordinance is being requested in the following areas: 2. 3. 4. 5. 6. District Boundaries. Allowed Uses. Lot Area and. Width Standards. Structure Setbacks. Structure Height (principal and accessory). Impervious Surface. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 6 EXHIBIT C The City's request for flexibility is based on the following background technical data. This information is presented to demonstrate the need for flexibility in specific areas of the Model Ordinance. The request will also illustrate how New Hope proposes to address each flexibility item through its Zoning Ordinance. CURRENT REGULATIONS Due to the fact that all of the land which surrounds the City's water bodies is fully developed, the City of New Hope has not yet adopted shoreland regulations per the requirement of the Minnesota Department of Natural Resources. Therefore, the regulation of the shoreland area is governed by regulations of the underlying zoning districts. BASIS FOR FLEXIBILITY REQUESTS The State Model Ordinance establishes base shoreland development standards intended to be imposed on a state wide basis. These regulations give no attention to the unique development constraints of the individual city's within the state. Recognizing that it is impractical to have a single shoreland ordinance applicable to all Minnesota communities the state allows cities to pursue flexibility from the state Model Ordinance to address unique conditions. While the City of New Hope has adopted State Wetland and Floodplain regulations, no shoreland specific regulations have been adopted. In conjunction with the City's surface water management plan, an amendment to the New Hope zoning ordinance is now being proposed which would establish shoreland regulations within the City. Considering that New Hope is a fully developed community and that no shoreland related standards existed at the time of development, adoption of the State Model Ordinance would have the result of establishing widespread non-conformities and create performance standards which cannot realistically be attained. Recognizing this condition, the City requests flexibility from the following standards contained in the State Model Shoreland Ordinance: 1. District Boundaries All land within the City of New Hope that is located within what is defined as "shoreland" by the Model Ordinance (1,000 feet from the ordinary level of a lake and 300 feet from a river or stream) is currently developed. Additionally, the vast majority of these lots do not conform to the minimum standards of the Model Ordinance in terms of lot area, lot width, setbacks and impervious surface. As stated earlier, the City of New Hope does not wish to adopt an Ordinance that would render the existing properties as nonconforming, complicating any expansion, renovation or reinvestment efforts for these properties. 2 Therefore, the City of New Hope is proposing to limit the shoreland regulations to the land that consists of the first tier of riparian lots abutting a protected lake or tributary as identified within the proposed Ordinance. The specific boundaries of what is proposed to be defined as the "Shoreland Permit Overlay District" are shown on the New Hope Zoning Map enclosed (Exhibit A). 2. Allowed Uses Rather than repeat the uses allowed within each of the City's zoning districts, the proposed New Hope Shoreland Ordinance simply refers to the allowed uses within the existing underlying zoning districts. The City does not wish to establish uses within the Shoreland Permit Overlay District that differ from that which is allowed within the underlying Zoning District. As demonstrated on the attached zoning district map, the vast majority of the "Shoreland Permit Overlay District" is zoned R-l, Single Family Residential. Only four (4) lots hold a different zoning classification, all are located on Northwood Lake (north branch of Bassett Creek). The other zoning districts include: R-4, High Density Residential; B-l, Limited Neighborhood Business and B-3; Auto Oriented Business. 3. Lot Area and Width Standards Currently, all land within the proposed Shoreland Permit Overlay District is developed. The majority of such development is in the form of Iow density residential development upon +/- 9,500 square foot lots. A small amount of multiple family and commercial uses do however, exist in the southeastern portion of Northwood Lake. So as not to create significant numbers of non-conforming lots, it is requested that the DNR minimum area standards of 15,000 square feet for riparian lots and 10,000 square feet for non riparian lots be reduced to 9,500 square feet as currently established by the City's base zoning designations. 4. Structure Setbacks The State Model Ordinance requires a minimum structure setback of 50 feet from the ordinary high water (OHW) level of lakes and tributaries. Under the current City Code regulations these setbacks would be considered a rear yard, and a minimum of 35 is required. As shown on the attached exhibits, there are numerous structures that do not meet the Model Ordinance requirement of 50 feet, therefore, the City is proposing a minimum setback of 40 feet. This will increase the required setback from the OHW, and protect the lake shore views, and it will also allow some additions to be built on existing homes. Further, the 40 foot setback will allow the reconstruction of a "reasonably" sized home on 3 an under sized lot which has been damaged, burned or torn down. This is a concern of lots located on the south side of Meadow Lake and on the north side of Northwood Lake. The 50 foot setback will make it difficult to maintain prOperty values in the area if homeowners are not allowed to maintain and improve their homes within the 50 foot setback area from the OHW. The lots that surround the City's water bodies are very small in size (+/- 9,500 s.f.) with little room for any home expansion, therefore, the City will likely see numerous variance requests for construction within a 50 foot lakeshore setback area. Rather than processing variances to allow construction within the 50 foot setback (assuming a hardship exists), it would be a much easier administrative process to enforce a 40 foot setback requirement than going through the entire variance procedure. 5. Structure Height Within the State Model Ordinance a maximum height of 25 feet is established for residential districts. The New Hope zoning ordinance currently establishes a maximum height requirement of 2-1/2 stories for single family homes and 4 stories for multiple family dwellings. Recognizing that adoption of the State Model Ordinance standards would have the result of creating widespread non-conformities, the City is requesting flexibility from the state's height requirement for residential structures. The State Model Ordinance also establishes a maximum height requirement for water oriented accessory structures of 10 feet. Such height standard is not consistent with the maximum 15 foot height requirement historically imposed by the City of New Hope. As a result, the City requests that a maximum 15 foot height requirement be applied to water- oriented accessory structures. This should be a flex!bility decision to be decided by the City Council. 6. Impervious Surface Coverage The State Model Ordinance states that impervious surface coverage of lots must not exceed 25 percent of the lot area. It is the opinion of the City that such 25 percent threshold cannot realistically be attained, as such requirement would render approximately 30-40 percent of all lots within the Shoreland Overlay District as non-conforming (attached exhibits). Recognizing that all lands within the shoreland district are fully developed, the City is requesting that a maximum impervious surface coverage requirement of 35 percent be established. Such requirement would allow approximately 90-95 percent of the lots within the Shoreland Overlay District to satisfy the impervious surface requirements. 7. Bluffs The proposed shoreland regulations include provisions addressing the development of bluffs. A closer examination of the steep slope areas along the northern boundary of 4 Northwood Park reveals that this area files to meet the criteria identified in definition of bluff. The slopes in these areas have an average percent of slope less than 30 percent. Under these circumstances, the bluff regulations may be removed from the ordinance. CONCLUSION The City of New Hope strongly agrees with the purpose and intent of the State Model Shoreland Ordinance and is willing to incorporate the vast majority of such regulations into its local ordinance for the purpose of protecting and preserving its shoreland areas. Recognizing however, that New Hope is a fully developed community and the negative legal repercussions associated with the creation of widespread non-conformities, the City is requesting flexibility from the lot area, structure height and impervious surface coverage requirements of the State Model Ordinance. We believe that the City's physical characteristics and fully development nature represent a unique condition which make full conformance with the DNR Model Ordinance requirements unrealistic. This is not to say however, that the City does not recognize the value of its water resources and the need for their protection and preservation. In this regard, it is believed the City's Water Management Plan coupled with the City's Floodplain, Wetland and pending Shoreland Ordinance, demonstrates the City's commitment to the continued protection and preservation of is valued water resources. 5 ¸ R-O 0 ZONING DISTRICT MAP 1'77~ R-1 Single Family Residential F-I R-2 Single and Two Family Residential E--I R-3 Medium Density Residential [] R-4 High Density Residential [] Ro5 "Senior/Disabled' Residential [] R-O Residential Office [] RIO[PUD) Residential Office - PUD * B-1 Limited Neighborhood Susiness ,_.., B-2 Retail Business E~J B-3 Auto Oriented Business [] B-4 Community Business [] I-1 Limited Industrial [] I-2 General Industrial [] Open Space / Public' 1 INCH - 1600 FEET SHORELAND OVERLAY DISTRICT EXHIBIT A Rosen Anderlik & Associates Engineers & ^rchltects Memo TO: FROM: DATE: SUBJECT: Kirk Mcl~nald Doug Sandstad Mark Hanson September 25, 1997 DNR OHW - Northwood/Meadow Lake Our File Nos. 34-Gen. 3415 I. E96-30 The OHW (Ordinary High Water Level) does not represent thc elevalion at which the la~ is controtled or the lO0-year high water level. The OHW is typically 0.5 feet to 1.5 feet above the outlet elevation and below established upland vegetation. Therefore, I do not necessarily feel that setbacks should be measured from the OHW. In accordance with New Hope's Surface Water Management Plan, Policy I (Page 3-2) states that a freeboard of two feet above the 100. year high water level is desirable. In tho case of setbacks, I feel it would be reasonable to measure setbacks from the controlled outlet elevation, Listed below are the critical elevations for e~h lake: Lake Ollflet Elevation DHW lO0-Y.~e~24'~ HWL Northwood Lake 884,5 885.5 Meadow Lake 893.0 893.5 894.5 t2~ The 100-year HWL from years past has been 889.3. However, based on recent improvements, the FIWL could po.~sibly be reduced to 887.8 as stated in the Surface Water Management Plan. Bart has represented 888.2 (2) The Surface Water Management Plan lists the HWL at 894.0. However, due to configuration of existing outlet structures, the 100-year HWL should be set at 894.5. Presently, the storm water outflow is restricted until elevation 894.5 by a 10-inch orifice. However, based on past history. I do not feel that improvementq are warranted to the outlet structure to reduce the 100-year HWL from 894.5 to 894.0. EXHIBIT D 2335 ~/est Highway 36 - St. Paul. MN 55113 - 612-636-4600 - Fax: 612-636-1311 i nexota Department of Natural ReSt LlrCe , Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (612) 772-7910 Fax: (612) 772-7977 August g, 1997 Mr. Kirk McDonald Cits.' of New Hope 4401 Xvlon Ave. North New Hope, MN 55428-4898 Request for Ordinary High Water determination for Northwood Lake (27-627P) and Meadow Lake (27- 57P), Hennepin CounLy. Dear bk. McDonald: This letter is in response to your request for the Department of Natural Resources to establish an Ordinary High Water elevation (OHW) for Northwood and Meadow lakes. On June 11, 1997, we performed the field work on both lakes to get existing evidence used in estimating the OHWs. The following elevations might be of interest to you: Northwood Lake Cib' of New Hope Benchmark #18-20S (Top Hyd, S.E. cor. Hillsboro & Northwood Pkwy.) Water surface elevation on 6/11/97 Runout of lake (elevation at which water flows out of basin) OHW for Northwood Lake Elevation (NGVD 1929) 900.5' 884.48' 884.48' 885.5' Meadow Lake Cite' of New Hope Benchmark #6-26N (Hyd, @N.E. Cor. Meadow Lake Rd. & Meadow Lake Rd.) Water surface elevation on 6/11/97 Runout of lake (per phone conversation with Mark Hanson) OHW for Meadow Lake 905.38' 892.3' 89.~.0 - 893.5' . We hope this information helps in the administration of the City's shoreland regulations. Please contact Intem Melissa Wester or me at 772-7910 should you have questions. Sincerely, Tom Hover Area Hvdr~)logist Bassett Creek WMO, W. Peter Enck St. Paul Waters, Glen Yakel Lake files 27-627W, 27-57P EXHIBIT E Minnesota Department of Natural Resources Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (612) 772-7910 Fax: (612) 772-7977 March 14, 1997 Mr. Cary Teague Northwest Associated Consultants, Inc. 5775 Wayzata Boulevard, Suite 555 St. Louis Park, MN 55416 RE: CITY OF NEW HOPE, SHORELAND ORDINANCE Dear Mr. Teague: I have revieWed the materials received from you and Alan Brixius on January 28, 1997. In that cover memo for the materials sent you asked for my comments on the general acceptability of the proposal. Here are my comments. I have no problem with the flexibility requests for District Boundaries, Allowed Uses, and Lot Area and Width Standards. The justification given for these requests are reasonable. The case for flexibility seems to be a great deal weaker for Structure Setbacks and part of Structure Heights. Regarding structure setbacks, I didn't find numerous structures that didn't meet the 50 foot setback, I found a few, on the materials submitted. If I'm reading the maps right, the vast majority of the lots on both Meadow and Northwood Lakes have room to expand the structures lakeward and still meet a 50 foot setback. The "string test" can be used for those lots wt,.ich could use a break due to the proximity of the house to the lake. This is a provision that allows construction to meet an existing development pattern by meeting a setback which is the average of the setbacks of the structures on the two adjacent lots. I would not support granting flexibility for the 50' setback requirement. As for structure heights, I do not object to the reasonable request for 2½ stories for dwelling units. I do not agree however, that a 15 foot height should be allowed for water oriented accessory structures. It is my opinion that a higher aesthetic standard should be held to for lake shores. The argument that the height of water oriented accessory structures should be 15' because that is what has been historically allowed in the City is not persuasive. EXHIBIT F CaM Teague letter March 14, 1997 Page 2 The request for flexibility to the impervious surface coverage limit is reasonable in a fully developed area such as this. Are. quirement of 35% limit on impervious is acceptable if it can be shown that mitigating factors are involved. Factors that mitigate impervious surface are treatment systems for stormwater, increased natural, unmowed areas and vegetated buffer strips. Does the City treat any runoff that enters the lake or have any plans to treat it in the future by retrofitting the existing system? It is common for cities that receive flexibility to the impervious surface requirement to be treating stormwater before it enters the lakes or to have a plan to retrofit existing systems. Promoting naturalized landscapes, aquascaping, vegetated buffer strips and such will also help. Before flexibility could be granted for impervious surface limits, the City should propose measures to ameliorate the additional runoff caused by the added impervious surface. I hope these comments help in your process. It is clear to me that the City is genuinely concerned about protecting and possibly improving the water quality and the shoreland of its public waters. The opportunity to comment is appreciated. Please feel free to call if you have any questions or concerns. Sincerely, Tom Hovey Area Hydrologist c: Ed Fick NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY ESTABLISHING SHORELAND REGULATIONS FOR LAKES AND TRIBUTARY STREAMS WITHIN THE CITY City of New Hope, Minnesota Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota, will meet on the 1st day of April, 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 creating a shoreland permit overlay district on real property abutting protected lakes and tributary streams. Said district will be subject to land use regulations in addition to the underlying zoning district- regulations. It will primarily control placement, height and design of structures, relative to their proximity to protected shoreland. 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 lOth day of March, 1997. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 19th day of March, 1997.) ORDINANCE NO. 97-15 AN ORDINANCE AMENDING THE NEW HoPE CITY CODE BY ESTABLISHING A SHORELAND PERMIT OVERLAY DISTRICT 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 (90) "Bluff", (gE) "8!uff impact Zone", (12A)"Building Line"', (23A)"Commercial Use", (24C) "Commissioner" (33A) "Deck", (71A) "Hardship", (74B) "Industrial Use", (7~C) "Intensive Vegetation Clearing", (103A) "Ordinary High Water Level", (112A) "Public Waters" , (122B) "SemipuOlic Use", (122C) "Sensitive Resource Management", (124B) "Shore Impact Zone", (125F) "Steep Slope", (128C) "Toe of the Bluff", (1280) "Top of the Bluff", and (132A) "Water-Oriented Accessory Structure or Facility" to read as follows: (90) Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff): a. Part or all of the feature is located in a shoreland area; The slope rises at least twenty-five (25) feet above the ordinary high water level of the waterbody; The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the ordinary high water level averages thirty (30) percent or greater; and d. The slope must drain toward the waterbody. (gE) Bluff Impact Zone. A bluff and land located within twenty (20) feet from the top of a bluff. 12A) Building Line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. 23A) Commercial Use. "Commercial" refers to the use classification defined as B-l, B-2, B-3, and B4 under provisions of the New Hope Code Chapter 4. (24C) Commissioner. Relating to §4.18 of this Code "Commissioner" shall mean Commissioner of the Department of Natural Resources. (33A) Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, .or other features, attached or functionally related to a principal use or site and at any point extending more than three (3) feet above ground. (71A) (748) Hardship. A situation where property in question cannot be put to a' reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the official controls. Industrial Use. The use 'of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. (740) Intensive Vegetation Clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (103A) Ordinary High Water Level. The boundary of public waters and wetlands which shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top.of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. (112A) Public Waters. Any waters as'defined in Minn. Stat. §103G.005, Subd. 15 and 15a. (122B) Semipublic Use. The use of land by a private, nonorofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. (122C) Sensitive Resource Management. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. (124B) Shore Impact Zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback. ~ (125F) Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this Code. Where specific information is not available, steep slopes are lands having average slopes over twelve (12) percent, as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. (128C) Toe of the Bluff. The lower point of a 50-foot segment with an average slope exceeding eighteen (18) percent. (12~D) Top of the Bluff. The higher point of a 50-foot segment with an average slope exceeding eighteen (18) percent. (132A) Water-Oriented Accessory Structure or Facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which because of the relationship of i.ts use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include gazebos, screen houses, pump houses, and detached decks. 3 Section 2. Section 4.022 (123)"Setback" of the New Hope City Code is hereby amended to read as follows: (t23) Setback. The minimum horizontal distance between a building~ &nd street e-~ lot line, shoreline or bluff. The setback distance is measured at ground level from the lot line, lake ordinary high water level, top of bluff, or street right-of-way, to a point on the ground directly under the most outwardly extended portion of the side of the structure nearest the lot line, lake ordinary high water level, top of bluff or street right-of-way. Section 3. Section 4.16 "Shoreland Permit Overlay District (SP)" of the New Hope City Code is hereby.added to read as follows- 4.16 SHORELAND PERMIT OVERLAY DISTRICT (SP) 4.161 Policy and Application. (1) Policy. The uncontrolled use of shorelands in the City of New Hope affects the pub]lc hea]th, safety and general we]fare not only by contFibuting to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shore]ands of public waters. (2) Statutory Authorization. These shore]and regulations are adopted pursuant to the authorization and policies contained in Minn. Stat. Chapter 103G, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minn. Stat. Chapter 462. (3) Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in Section 4.167 of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code. (4) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations. 4 4.162 (~) (3) District Application. The "SP" Shoreland Permit Overlay Oistrict shall be superimposed (overlaid) upon all the zoning districts as identified in Section 4.041 of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the "SP" Shoreland Permit Overlay District shall be in addition to those established by the base zoning district which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. District Boundaries. The boundaries of the "SP", Shoreland Permit Overlay District within the City of New Hope consists of the first tier of riparian lots abutting a protected lake or tributary identified in Section 4,162 of this Code. The specific boundaries of the "SP", Shoreland Permit Overlay District is shown on the New Hope Zoning Map. Shoreland Classification System. : Public Waters. The public waters of New Hope have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota. Official Map. The Shoreland Permit District for the waterbodies listed below shall be shown on the New Hope Zoning Map. Lakes. General Development Lakes Northwood Lake Protected Waters Inventory 1.D. # 27 - 627P Meadow Lake 27 - 57P (~,) Rivers and Streams. Tributary Streams Bass Creek Bassett Creek - North Branch 4.. 163 (1) Administration. Sh0retand Permit Required. A permit is required for the construction of buildings or building additions (and 5 including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this Code"that occur within the Shoreland Permit District. Application for a permit shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official application form of the City, accompanied by a fee as set forth in Chapter 14 of this Code. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use. (2) Certificate of Zoning Compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity, requiring a permit as specified in this Code. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this Code and shall be punishable as provided in this Code. (3) Variance. Variances may only be granted in accordance with Section 4.22 of this Code. A variance may not circumvent the general purposes and intent of this Code. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (5) below shall also include the Planning Commission and City Council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance, Conditional Use Permit. Conditional Use Permits may only be granted in accordance with Section 4.21 of this Code. A conditionally permitted use may not circumvent the general purposes and intent of this Code. The following additional evaluation criteria and conditions apply within shoreland areas: (a) The prevention of soil erosion or other possible pollution of public waters, both during and after construct i on. (b) The visibility of structures and other facilities as viewed from public waters is limited. · . 6 4.164 4.165 (c) The tyDes, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public Waters to safely accommodate these watercraft. Notifications to the Department of Natural Resources. (a) Public Hearings. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices. of hearings to consider proposed subdivi..sions/plats must include copies of the subdivision/plat. (b) Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. Land Use District Descriptions. Allowed Uses. Allowed land uses within the Shoreland District shall be determined by the underlying zoning district, as listed within Sections 4.05 through 4.15 of this Code. Lot Area and Width Standards. Lot area and width standards for residential development shall be regulated per the underlying zoning district. Said minimum requirements are as follows: (1) Residential: Area Per Unit Width Single 9,500 s.f. 75 feet Duplex 7,000 s.f. 75 feet Townhouse 5,000 s.f. 80 feet Multiple Family 3,000 s.f.* 100 feet Elderly Housin9 and/or Physi. cally Handicapped 1,000 s.f. 100 feet · 4,000 square feet in an R-3 District 4.166 (2) Commercial and Industrial: Limited Business Neighborhood Bus. Residential Office Retail Business Limited Industrial General Industrial Area Per Unit 10,000 s f 10,500 s f 15,000 s f 43,560 s f 43,580 s f 43,560 s f Width 80 feet 80 feet 100 feet 100 feet 150 feet 100 feet Placement, Design, and Height of Structure~. Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows:: (a) Required Setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. (b) Ordinary High Water Level Setback. Structure Setbacks (in feet) from the Ordinary High Water Level. Classes of Public Waters Structure Setbacks General Development Tributary 40 feet 40 feet (c) Required Bluff Setback. The following setback shall be applied, regardless of the classification of the waterbody: Structure Setback Top of Bluff 30 feet (d) Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. B (e) Height of Structures. Required height structures shall be as follows: for all District Building Height F~-I 2-~ stori es R-2 2-~ stores R-3 3 stories R-4 4 stories R-5 4 stories R-O 3 stories B-1 2 stories B-2 3 stories 8-3 3 stories B-4 3 stories I-1 3 stories I-2 3 stories (2) Design Criteria for Structures. (a) High Water Elevations. Structures must be placed, in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, structures must be placed at least three (3) feet above the highest known water level, or two (2) feet above the ordinary high water level, whichever is higher. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in subsection (1) above if this water-oriented accessory structure complies with the following provisions: (i) Each lot shall be limited to one (1) accessory building in addition to an accessory garage. (ii) (iii) The structure or facility must not exceed fifteen (15) feet in height, exclusive of safety rails, and cannot occupy an area 9reater than two hundred fifty (250) square feet. Detached decks must not exceed eight (8) feet above grade at any point, The setback of the structure or facility from the ordinary high water level must be at least ten (10) feet. 9 (iv) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions. (V The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area. (vi) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. (vii) As an alternative for general development and recreational development waterbodies, water- oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to four hundred (400) square feet provided the maximum width of the structure is twenty (20) feet as measured parallel to the configuration of the shoreline. (C Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to the Shoreland Permit District areas. Stairways and lifts must meet the following design requirements: (i) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments. (ii) Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments. 10 3) (iii Canopies or roofs are not stairways, lifts, or landings. allowed on (iv) Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (v) (vi) Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer leaf-on conditions, whenever practical. Facilities such as ramps'; lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (i) to ~v) are complied with, in addition to the requirements of Minnesota Regulations, Chapter 1340. (d) Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (a) Vegetation Alteration. Removal or alteration of vegetation is allowed subject to the following standards: (i) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. 11 b) (c) (d) (~i) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the olacement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water- oriented accessory structures or facilities provided that: The screening of structures, vehicles, or other facilities as viewed from the water, assumi, ng summer, leaf-on conditions, is not substantially reduced. Along rivers, existing shading of water surfaces is preserved· The above provisions are not applica61e to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. Construction Permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued construction permits 'for these facilities do not require the issuance of a separate shoreland grading and filling permit. Shoreland Grading/Filling Permit. Notwithstanding (b) above, a shoreland grading and filling permit will be required for: (i) The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and (ii) The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones. Conditions. The following considerations and conditions must be adhered to during the issuance of con'struction permits, shoreland grading and filling permits, conditional use permits, variances and subdivision approvals: 12 (i) (ii) (iii) (iv) (v) Grading or filling i.n any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers): 1. Sediment and pollutant trapping and retention. .- 2. Storage of surface runoff to prevent or reduce flood damage. 3.' Fish and wildlife habitat. Recreational use. 5. Shoreline or bank stabilization. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible· Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. Altered areas must be-stabilized to acceptable er.osion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service· 13 (~) (vi) (vii) Fill or excavated material must not be placed in a manner that creates an unstable slope. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty (30) percent or greater. (viii) Fill or excavated material must not be placed in bluff impact zones. (ix) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under Minn. Stat. §103G.245. (x) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. (xi) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three (3) feet horizontal to one (1) foot vertical, the landward extent of the riprap is within ten (10) feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three (3) feet. (e) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. Stormwater Management. The following general and specific standards shall apply: (a) General Standards. (i) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be 14 (b) (iii) Speci (i) used to convey, store, filter, and retain stormwater runoff before discharge to public waters. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. When development density, topographic features, and soil and vegetation conditions a. re not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities· fic Standards. Impervious surface lot coverage shall not exceed thirty five (35) percent of the lot area, except as a conditional use, which shall comply with the following standards: All structures, additions or expansions shall meet setback and other requirements of this Code. The lot shall be served with municipal sewer and water. The lot shall provide for the collection and treatment of storm water in compliance with the City Surface Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer and the underlying Watershed District. 15 (ii) Measures to be taken from the treatment of storm water runoff and/or prevention of storm water from d.irectly entering a public water. The measures may include, Put not be limited to the following: A o Appurtenances as sedimentation bas~ns debris basins, desilting basins or silt traps. Installation of debris guards and microsilt basins on storm sewer inlets. Use where practical, oil skimming devices or'.sump catch basins. Direct drainage away from the lake and into pervious, grassed, yards through site grading, use of gutters and down spouts. Construction sidewalks and driveways of partially pervious raised materials such as decking which has natural earth or other previous material beneath or between the planking. Use grading and construction techniques which encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. Install berms, water bars, or terraces which temporarily detain water before dispersing it into pervious area. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. 16 New constructed stormwater outfall to public waters must provide for filtering or settling of suspended solids and skimming or surface debris before discharge. Nonconformities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to Section A.031 of this Code for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: (1) Deck additions may be allowed without a variance to a structure not meeting t.he required setback from the ordinary high water level if all of the following criteria and standards are met: (a) The structure existed on the date the structure setbacks were established. ; A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. (c) (d) The deck encroachment toward the ordinary high water level main(ain a minimum setback to less than twenty-five (25) feet. The deck is constructed primarily of wood, and is not roofed or screened. Section 4. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1997. At t est: Valerie Leone, City Clerk W. Peter Enck, Mayor Published in the New Hope-Golden Valley Sun-Post the , 1997.) 17 day of STEVEN A. SONORALL MICHAEL R. L.~FLEUR MARTIN P MALECHA CORRICK & SONDRALL, RA. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite =t203 Brooklyn Park. Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 March 13, 1997 Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Shoreland Permit Overlay District Ordinance Our File No: 99.49715 Dear Kirk: Please find enclosed for consideration at the March 19, 1997 Codes and Standards meeting a final version of the proposed Ordinance Establishing a Shoreland Permit Overlay District in the City, Basically, I have not changed any substantive provision of this Ordinance from the one previously prepared by the City Planner. The changes from the City Planner draft are as follows: I removed the modification to the definition of "setback" from Section 1 of the Ordinance to Section 2 of the Ordinance. This was done because all of the definitions in Section 1 are new, as opposed to the definition of setback which is not new but simply being amended to incorporate language dealing with shoreland regulations. Several numbering changes were made. The definition of public waters is now (112A) and the definition of steep slope is (125F). All references to ordinance have been changed to code. Relating to Section 4.162(3) and (4) I removed the reference to North branch of Bassett Creek from (3) to the reference "Bassett Creek - North Branch" in (4). After speaking with Mayor Enck, this more accurately reflects the description of the tributary stream entering into-Northwood Lake. Kirk McDonald March 13, 1997 Page 2 In Section 4.166(3)(d)(i) I moved the footnote dealing with additional evaluation by the various departments to the end of paragraph (i). The footnote seemed out of place. I think it's current location is more appropriate for a better understanding of the provision. In numerous sections, a statutory reference to Minn. Stat. Chap. 105 was made. This chapter has been repealed and replaced by Minn. Stat. Chap. 103G. As a result, all references made to Chap. 105 have been changed to the correct reference in Minn. Stat. Chap. 103G. With the exception of the foregoing changes, the enclosed Ordinance is nearly identical to the Ordinance previously prepared by the City Planner. Also, we did prepare and mail the public hearing notice to the paper for a public hearing at the April 1, 1997 Planning Commission meeting. Said notice will be published in the March 19, 1997 edition of the Sun-Post. If you have any questions about the enclosed Ordinance or public hearing notice, please contact me. Very truly yours, Steven A. Sondrall slt2 Enclosure CC: A1 Brixius, City Planner Mark Hanson, Pity Engineer Memorandum To: From: Date: Subject: Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator October 3, 1997 Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is' to provide commissioners with additional detail on CouncillEDA actions. It is not required reading and is optional information provided for your review, at your discretion. September 8 Council/EDA Meetings - At the September 8 Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act, Calendar Year 1998: Approved, see attached Council request. B. Planning Case 97-17, Request for a Variance to Allow an Air Conditioning Unit in Side Yard, 4617 Del Drive: Approved, subject to the conditions recommended by the Commission. The Council indicated that the PJanning Commission could review the air conditioning side yard requirement if they felt the need to do so and staff will be reviewing this issue at an October staff meeting. The Building Official sent a letter to the contractor that installed the air conditioning unit. C. Resolution Amending Resolution No. 93-149 for~ Planning Case 93-22 Requesting a Conditional Use Permit to Allow Erection of Communication Support Structure and Antennas at 3877 Independence Avenue: Approved, see attached Council request. D. Project #595, Motion Approving Plans and Specifications for Landscaping at City-Owned Property at 7528 42"d Avenue and Authorizing Advertisement for Bids: Approved, see attached Council request. E. Ordinance No. 97-25, An Ordinance Amending the New Hope Code by Extending the Moratorium on Pawn Shops: Approved, see attached Council request. F. Discussion Regarding Low Interest Loan Request by Jay Showalter for Winnetka and 42"d 76 Station, 4200 Winnetka Avenue: Denied, see attached EDA request and refer to September 8 EDA minutes. September 22 CouncillEDA Meetings At the September 22 Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Project #462, Motion Approving Quote by Agassiz Environmental Systems for the Abandonment of Monitoring Well MW-9 Near 42nd and Nevada Avenues in the Amount of $300: Approved, see attached Council request. B. Project #595, Motion Approving Quote Submitted by Wrobleski's Lawn Service in the Amount of $8,311.25 for Landscaping Improvements at City-Owned Property at 7528 42nd Avenue: Approved, see attached Council request. The landscaping and sod will be installed at the first part of October. C. Ordinance #97-03/Planninq Case 96-04 (continued), An Ordinance Amendinq the New Hope Zoning Code by'Establishing Pawn Shops as a Permitted Use in the B-4 Zoning District: Continued until October 27, 1997,. see attached Council request D. Resolution Approving Automated Pawn System {APS) Service and Software License Agreement with City of Minneapolis and Authorizing Mayor and City Manager to Execute Agreement: Approved, see attached Council request and agreement. E. Ordinance #97-2/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: Continued until October 27, 1997, see attached Council request. F. Project #609, Discussion Regarding Resident Guide and Business Directory Promotion: Concept approved, see attached EDA request. Final authorization for the project to proceed will be considered on October 13. Codes & Standards Committee - The Committee met in September to continue discussion on the DNR shoreland regulations, pawn shop/second hand goods dealers, and real estate sign regulations. The Committee will undertake a study of accessory buildings and garages this fall, per direction from the City Council. Other issues the Committee will be reviewing include the lot coverage ratio for the I-1 Zoning District, the side yard air conditioner issue, and the Committee will initiate a major updating/revision to the Sign Code, per staff's request. 4. Design & Review Committee - The Committee met in September to review plans for the Arc/Value Village Thrift Store CUP, Liberty Diversified's variance and the 2nd driveway/curb-cut variance. 5. Comprehensive Plan Update Committee - The Committee conducted its second meeting on September 18. The Planning Consultant reviewed the New Hope Inventory and explained the results of the tactics interviews conducted during the beginning of September with the City Council, Planning Commission Chair, Citizens Advisory Chair, business leaders, and City staff. Minutes of the August meeting are attached for your information. Roger Landy, the Chair of the Committee, can provide an update on the Committee activities for interested Commissioners. 6. Project Bulletins - Enclosed is a project bulletin mailed this month to residents on the City's 1997 street project. Bulletins on the sidewalk and Northwood Park projects will be mailed the first of October. 7. November Planning Applications - It is anticipated that the City will be receiving applications from the following petitioners for consideration at the November Planning Commission meeting: A. Comprehe. nsive Sign Plan for 5201 Winnetka Avenue B. CUP Amendment for Alano 8. Miscellaneous Correspondence - Enclosed is a letter from Boger Dental regarding the sign in front of the building and a letter on the Nix home occupation business. 9. Miscellaneous Articles - Enclosed are several articles from Zoning News for your information. 10. Other planning/housing/development'issues that staff have been working on include: A. Potential expansion at Archives on Nevada Avenue B. Potential expansion at West Pac in Science Industry Park C. Industrial Development Revenue Bonds for Primo piatto (formerly Creamettes) D: Potential Winnetka Center sale E. Potential multi-family housing developments on Bass Lake Road F. Continued coordination with Sandpiper Cove at 42n~ & Boone re: major renovations to structures Attachments: Metropolitan Livable Communities Act 3877 Independence Avenue Tower 7528 42r~ Avenue Landscaping Pawn Shop Moratorium Extension 4200 Winnetka Avenue Loan Request 42n~ & Nevada Monitoring Well 7528 42nd Avenue Award Landscaping Contract Pawn Shop Ordinance Automated Pawn System Agreement Pawn Shop Licensing Ordinance Resident Guide/Business Directory Project Bulletin Boger Dental Correspondence Nix Home Occupation Correspondence Miscellaneous Articles //~/.' COUNCIL '- REQUF T FOR ACTION Originating Deparmaent Approved for Agenda Agenda Section · City Manager Consent Stephanie Olson ~ Item No. By: Community Development Specialist ~ 6.7 / RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE' LOCAL HOUSING INCENTIVES ~,CCOUNT'PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT, CALENDAR YEAR 1998 In 1995 the Metropolitan Livable Communities Act (LCA) was enacted to address the development and maintenance of affordable and life-cycle housing in the metropolitan area. As part of the LCA, municipalities negotiated affordable and life-cycle housing goals based on current indexes and benchmark goals set by the Metropolitan Council. In 1996 the City of New Hope identified goals and methods of achieving those goals through the development of the Housing Action Plan. The Metropolitan Livable Communities Fund, established by the LCA, provides funding and assistance for affordable and life-cycle housing related activities to achieve goals set by the City. In order for the City to be eligible to receive grants or loans under the Metropolitan Livable Communities Act in 1998, the City must participate in the Local Housing Incentive Account Program. The deadline for participation in this program is November 15, 1997. Therefore, the staff recommends approval of a Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act. MOTION BY SECOND BY TO: Review: Administration: Finance: COUNCIL llEgtlEST FOIl pc'rios Originating Department City Manager Kirk McDonald Management Assistant Approved for Agenda 9-08-97 A~enda Section DeveTopment & Planning Item No. 8.2 RESOLUTION AMENDING RESOLUTION NO. 93-149 FOR PLANNING CASE 93-22 REQUESTING A CONDITIONAL USE PERMIT TO ALLOW ERECTION OF COMMUNICATION SUPPORT STRUCTURE AND ANTENNAS AT 3877 INDEPENDENCE AVENUE NORTH In September 1993, the City approved a conditional use permit for the property owner at ~3877 Independence Avenue North to construct a communication support structure and antennas for amateur radio operations. The CUP was approved subject to several conditions, one of which stated "CUP to expire and petitioner to remove tower from property if petitioner moves from property." The property owner has contacted the City and indicated he is selling the property. The purchaser of the property is also an amateur radio operator and is desirous of leaving the tower in place. The property owner has asked what action can be taken by the City to accommodate the request of the prospective buyer of the property. Staff has reviewed this matter with the City Attorney and Planning Consultant. Both are in agreement that a CUP runs with the property and staff probably erred in attaching a condition stating that the tower had to be removed if the property was sold. Instead, the condition should have probably stated that the tower be removed if the use of the tower is discontinued, similar to the new telecommunications tower ordinance. Staff is recommending that the condition in the original ordinance be changed or amended to state that the "Tower must be removed when its use as a radio tower is discontinued for a period of 12 months." This amendment would be subject to the City receiving a letter from the new owner stating that they are agreeable to this condition. Staff recommends approval of the enclosed resolution amending the odginai resolution. SECOND BY MOTION BY TO: ------- Administration: Finance: Revl~: RFA-O01 ~ ~ COUNCIL Originating Department Approved for Agenda A//enda Section DeveTopment & Planning City Manager ~'~j)-08-97 Item No. Kirk McDonald By: Management Assistant By:.. 8.6 MOTION APPROVING PLANS AND SPECIFICATIONS FOR LANDSCAPING AT CITY-OWNED PROPERTY AT 7528 42ND AVENUE AND AUTHORIZING ADVERTISEMENT FOR BIDS (IMPROVEMENT PROJECT NO. 595) Earlier this summer when the Council approved the demolition of the Foremost building on the City-owned property at 7528 42nd Avenue and the construction of a temporary parking lot in cooperation with the Sunshine Factory, staff indicated that plans and specifications for landscaping the property would be presented to the Council in the fall. The City Forester has prepared the attached landscaping plan for the site and staff is requesting Council approval of the plan and authorization to seek bids for the landscaping installation. If approved at this meeting, it is anticipated that bids would be opened on September 16 and presented to the Council for consideration on September 22. The contract would require that the work be completed in October. The plan and plant schedule have been developed to blend with the existing landscaping on 42n" Avenue and at the Sunshine Factory. The plantings at the southwest corner of 42°d and Quebec Avenues would include two shrub beds, one on either side of the sidewalk leading from the parking lot to the corner of the property, which would include Juniper (4) and Black Chokeberry (12). The existing large maple tree would remain in place. Other landscaping in front of the property and along 42"" Avenue would include Black Hills Spruce (4), Red Splendor Crab (2), and Potentilla (6). Two of the dead ash trees on 42nd Avenue would be removed. The landscaping along the east side of Quebec Avenue would include two shrub beds with Spirea (34), Autumn Blaze Maples (4) and Red Splendor Crab (2). A split rail fence (2 rail) would be installed along the entire length of the north property line of both City-owned properties (~the Foremost and Electronic industries sites) and Chokeberry (10) and Autumn Blaze Maples (2) would be installed. All plantings would be installed with steel edging and mulch. The total estimated cost of the landscaping is $9,812 and the cost would be funded with 42nd Avenue Tax Increment Financing funds. The landscaping contractor would be responsible for maintenance of the landscaping this fall and on-going maintenance will need to be addressed along with the maintenance of all the 42~" Avenue landscaping in 1998. Staff recommends approval of a motion approving the plans and specifications and authorizing advertisement for bids for the landscaping of the City-owned property at 7528 42n" Avenue (Improvement Project No. 595). MOTION BY SECOND BY TO: Review: Administration: Finance: I RFA-O01 ~ PLANT SCHEDULE AND COST ESTIMATE FOR 7528 42nd AVENUE NORTH Qnt. 4 4 8 4 22 34 6 Key HJ BHS ABM RSC GBC FS JP Common Name Hughes Juniper Black Hills Spruce Autumn Blaze Maple Red Splendor Crab Glossy Black Chokeberry Fritschina Spirea Jackman's Potentilla Split rail fence (2 rails) Steel edging Plastic edging Hardwood mulch Tree removal Botanical Name Size Juniperus horizontalis "Hughes" Picea glauca densata Acer x freemanii 'Jeffersred' Malus 'Red Splendor" Aronia melanocarpa elata Spirea fritschiana Potentilla fruticosa 'Jackmanii' #5 cont. 5' B&B 2.5" B&B 2" B&B #2 cont. #2 cont. #2 cont. Est. $30 $250 $3O0 $250 $25 $25 $25 Estimate Plant Material: $5/ft $5.6/ft $25/20ft $.78/sq ft $100/tree OTHER GOODS AND SERVICES 220 feet 330 feet (approximately) 100 feet 1400 square feet (approximately) 2 ash trees ( 4 inch diameter) Estimate- Other Goods and Services: Tot. Est. $120 $1000 $1800 $1000 $550 $850 $150 $5,470 $1100 $1848 $100 $1092 $200 $4,340 TOTAL ESTIMATE: $9,810 / I~ FS td 0 I I I I I I I5 ~9 i i i i I U~de'BS Mo~edFg~K).6 ! ..$ 2B' ~gO F~r ' .~ q W~.K RE ~xJ~DV~ COUNCIL a~ REQUF.~T FOR ACTION Originating Department Approved for Agenda ~ ,.Agenda Section uroinances City Manager Resolutions [...%9-08-97 Item No. Kirk McDonald By: Management Assistant By:. ~/ / 3.0.2 ORDINANCE 97-25 - AN ORDINANCE AIVI~DING THE NEW HOPE CODE BY EXTENDING THE ~ORATORIUM ON PAWN SHOPS The attached ordinance extends the current moratorium on Pawn.ShoPs until December 31, 1997. This extension is necessary because the current moratorium expires on September 30, 1997. On November 25, 1996, the City Council implemented a moratorium on pawn shops so that a study on this issue could be undertaken by the Planning Commission and so an ordinance could be drafted regulating such uses in the City. The Planning Commission studied this issue and presented two ordinances (a licensing ordinance and a zoning code amendment ordinance) to the City Council in December 1996. The City Council conducted a work session to review these ordinances in May 1997. The Council found the ordinances to be generally acceptable, however, the Minneapolis Police Department notified the Council at that work session that the Automated Pawn System (APS) would not be able to accommodate New Hope until later in 1997. The Minneapolis APS technology is an integral 3art of New Hope's pawn shop ordinances. The Council also directed staff to conduct further research on the "second hand dealers" section of the ordinance. The City Attorney and staff have made modifications to the ordinance, per the Council's direction. The final version of the ordinance will be presented to the Codes & Standards Committee of the Planning Commission in September and to the full Commission_ at the October meeting. The City's MIS Coordinator is also currently working with the Minneapolis Police Department on a computer link for the APS system. Once the computer link is ready, the final ordinance will be presented to the Council for adoption and the moratorium can be eliminated. It is anticipated that this will be completed before the end of the year. The Council also has tabled the public hearing on the ordinance until the September 22 Council meeting. Therefore, at the next Council meeting, staff will be recommending that the public heating be continued until October or November. Taking the above factors into consideration, staff recommends approval of the ordinance extending the moratorium. MOTION BY SECOND BY' TO: Review: Administration: Finance: RFA-O01 Originating Department Approved for Agenda Agenda Section EDA City Manager ~ 9-08-97 Item No. Kirk McDonald By:. BY: Management Assistant ~, / DISCUSSION REGARDING LOW INTEREST LOAN REQUEST BY JAY SHOWALTER FOR WINNETKA & 42ND 76 STATION, 4200 WINNETKA AVENUE NORTH Staff request to discuss with the EDA a request for a Iow-interest loan from Jay Showalter, operator of the Winnetka & 42"d 76 Station at 4200 Winnetka Avenue North. Uno-Ven 76 recently sold out to Citgo Oil Company and Citgo now owns the lease and is the property owner. Citgo has offered the property to Showalter for purchase. Citgo has appraised the value of the business (land, building, equipment, etc.) and the asking price is greater than was anticipated by Showalter. The request is for consideration of a $180,000 loan at an 8% interest rate to be paid off in 15 years or a suitable arrangement/terms that are agreeable to the EDA. Per the attached correspondence, the proceeds from the loan would be used as follows: 1. Cost to Upgrade Facility to meet Citgo requirements, including replacing the twin-pole sign, creating new facia graphics on the canopy and building, and to meet other signage requirements. Hardware and software changes to the satellite, cash registers and credit card terminals would also be necessary. 2. Underqround Upgrades to include spill containment and overfill protection, per NOVA Environmental Phase I and Phase II evaluations. 3. Reduction in Costs of SBA 'l°an principal and decreased down payment. By reducing the SBA loan loan fees and costs for mandatory term insurance are decreased. The down payment would also be decreased. (cont'd.) MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ Request for Action Page 2 9-08-97~.~ The City Manager and Community Development Coordinator met with Showalter in August anci discussed the types of financial assistance that the EDA had participated in before with local businesses and informed Showalter that the EDA considered each request on a case-by-case basis. A listing of projects that have'received financial assistance from the City/EDA in the past is enclosed. Showalter was informed that there were essentially two tools that the City could consider: 1. Tax Increment Financinq - The property is located in the 42"" Avenue Tax Increment Financing District and TIF funds could be utilized for land acquisition, site preparation, etc. if, for example, the Hardees site was purchased and incorporated into the property for redevelopment purposes. It was stressed that TIF is usually only utilized in cases where there is a si.qnificant value added to th~. property (similar to the Gill Brothers development). TIF funds cannot be utilized for building and signage improvements. 2. Low Interest EDA Loan - If no additional land is being acquired and no value is being added to the site, probably the only alternative to consider is some type of'low-interest loan from the EDA. A Iow- interest "gap" financing loan was approved for Universal Color Lab when they purchased and renovated the Kuppenheimer building. The general procedure that has been followed with these requests in the past is as follows: 1. Written request submitted to EDA for consideration. 2. If EDA is in general agreement with the concept, a financial analysis of the company is performed by a firm selected by the City to determine the ability of the company to pay back the loan. The cost of the analysis is paid by the company requesting the loan. 3. Once the financial analysis is completed, if the company has the ability to pay back the loan, loan documents are prepared by the City Attorney. 4. The final loan documents are presented to the EDA for approval. Showalter has been a merchant on Winnetka & 42"" Avenues since 1982. In 1993 significant upgrades to the property were made, including the installation of new fuel islands, new canopy, new perimeter · curbing, and new landscaping. Staff requests direction from the EDA on this loan request. COUNCIL REQUF T FOR ACTION Originating Depa~ U,~ent Approved for Agenda Agenda Section City Manager /.~ Consent 9-22-97 Kirk McDonald /__ Item No. By: Management Assistant ~ // 6.11 MOTION APPROVING QUOTE BY AC~SIZ ENVIRONMENTAL SYSTEMS, INC. FOR THE ABANDONMENT OF MONITORING WEL,{. MW-9 NEAR 42"0 & NEVADA AVENUES IN THE AMOUNT OF $300.00 (IMPROVEMENT PROJECT No. 462) There is one remaining monitoring well east of the railroad tracks on 42"" Avenue that needs to be abandoned. The well was installed by the City on the Park Ridge Way Apartments property in conjunction with the clean-up at the northwest corner of 42"" and .Nevada Avenues. The monitoring well (MW-9) was installed at the southeast corner of the apartment property to assist in determining the extent of the contamination. Park Ridge Way has requested that the well be removed of if it is no longer necessary. The City's environmental consultant on this project, Northern Environmental Technologies. has confirmed with the Tanks and Spills Section of the Minnesota Pollution Control Agency that the monitoring well at this site can be abandoned. Northern Environmental has solicited unit cost prices from water well contractors for the abandonment of this well and the following quotes were received: Contractor Mobilization/ Demobilization Boart Longyear Traut Hydro-Tech $175.00 $200.00 Agassiz Environmental Systems Project Coordination & Reporting $25.00 $50.00 Well Abandonment $175.00 $350.00 TheinWell Co. $240.00 $50.00 $140.00 Cleanup $50.00 Total Cost $425.00 $600.00 Furnish all labor and materials for $300.00 $430.00 Based on the quotes received, Northern Environmental recommends awarding the work to Agassiz Environmental, the Iow bidder. Staff recommends approval of a motion approving the quote by Agassiz Environmental Systems, Inc. for the abandonment of monitoring well MW-9 near 42"d & Nevada Avenues in the amount of $300.00. MOTION BY TO: SECOND BY Review: Administration: Finance: RFA-O01 I COUNCIL REQI/EST FOR ACTION Originating Depa~h,~ent Approved for Agenda Agenda Section City Manager Consent 9-22-/~ Kirk McDonald Item No. By: Management Assistant ~ / / 6.].2 MOTION APPROVING QUOTE suBMITTED B/WROBLESKI'S LAWN SERVICE IN THE AMOUNT T A ~ OF $8.311.25 FOR LANDSCAPING IMPROVEMEN S T CITY-OWNED PROPERTY AT 7528 42 AVENUE NORTH (IMPROVEMENT PROJECT NO. 595) At the September 8 Council meeting, the City Council approved plans and specifications for landscaping improvements at the City-owned property at 7528 42"~ Avenue and authorized staff to obtain quotes. The Contract Manager developed the landscaping plans and specifications, which are attached. The plan incorporates new and existing landscaping and is intended to blend with the existing landscaping on 42"~ Avenue. A split-rail fence will also be installed along the entire length of the noah property line of the two City-owned properties as part of this plan The estimated cost for the landscaping was $9,812.00 and the cost will be funded out of 42n~ Avenue Tax Increment Financing funds. The City requested quotes from eight landscaping companies and the following quotes were received: Company Quote Wrobleski's Lawn Service $8,311 25 Midwest Landscapes $8,443.54 Dundee Nursery & Landscape Co. -. $11,096.20 Wrobleski's Lawn Service submitted the Iow quote in the amount of $8,311.25. The contract requires that the work be completed by Wrobleski's. Staff recommends approval of a motion approving the quote submitted by Wrobleski's Lawn Service in the amount of $8,311.25 for landscaping at the City-owned property at 7528 42n~ Avenue North (improvement Project No. 595). MOTION BY SECOND BY TO: Review: Administration: , Finance: I' RFA-O01 ~ REQUF. T FOR ACTION Originating DeparUnent Approved for Agenda Agenda Section City Manager Public Hearing Kirk McDonald ~? 9-22-97 Item No. By': Management Assistant ~// 7. ;z / PUBLIC HEARING (CONTINUED).: THIS IS~ PUBLIC HEARING TO CONSIDER ORDINANCE NO. 97- 03, AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ESTABLISHING PAWN SHOPS AS A PERMITTED USE IN THE B-4 ZONING DISTRICT (PLANNING CASE 96-04) ,~t the Novemt)er ~.f~, 19~, C.,~ty Council meeting, the Council opened a public headng on Ordinance No. 97-03, An Ordinance Amending the New Hope Zoning Code by Establishing Pawn Shops as a Permitted Use in the B-4 Zoning District. (A public hearing is necessa~ to amend the Zoning Code.) Per the reports contained in the Planning Study, the City Attorney and Planning Consultant have indicated that pawn shops cannot be totally prohibited in the City and it is staff's recommendation that the most appropriate area for these uses is the B-4, Community Business, Zoning District. The Planning Commission considered this ordinance at its November 6 meeting and recommended approval of the ordinance. Due to the fact that the APS (Automated Pawn System) technology will not be available until later in 1997, staff recommended that the City Council continue the public hearing for consideration at a future Council work session so that staff could explain all sections of the ordinance to the Council in detail. The Council tabled this public headng until the January 13, 1997, Council meeting and subsequently tabled the public hearing to March 24, June 9 and September 22, and that is why this item is appearing on this agenda. The City Council conducted a work session to review the pawn shod ordinances in May 1997 and found the ordinances to be generally acceptable. The Council directed staff to conduct further research on the "second hand dealers" section of the ordinance. The City Attorney and staff have made modifications to the ordinance, per the Council's direction. The final version of the ordinance will be presented to the Codes & Standards Committee of the Planning Commission in September and to the full Commission at the October meeting. The City's MIS Coordinator is also currently working with the Minneapolis Police Department on a computer link for the APS system. Once the computer link is ready, the final ordinance will be presented to the Council for adoption and the moratorium can be eliminated. It is anticipated treat this will be completed before the end of October. Staff recommends that the public headng be continued until the October 27 Council meeting. MOTION BY SECOND BY · TO: Review: Administration: Finance: RFA-O01 ~ REQUF T FOR ACTION Originating Department Approved for Agenda A~enda Section Development City Manager /-'/ & Planning // 9-22-97 Kirk McDonald Item No. By: Management Assistant E~. 8. ]. / RESOLUTION APPROVING AUTOMATED P/AWN SYSTEM (APS) SERVICE AND SOFTWARE LICENSE AGREEMENT WITH CITY OF MINNEAPOLIS AND AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE AGREEMENT Enclosed is the Automated Pawn System (APS) Software License Agreement from the City of Minneapolis. As you are aware, the APS technology is an integral part of the proposed New Hope pawn shop licensing ordinance. Minneapolis reports that the system is now fully operational and ready for New Hope to join. The agreement has been reviewed by the City Attorney, the MIS Coordinator, and the New Hope Police Department. Per the attached correspondence from the City Attorney and the City of Minneapolis, the agreement provides for two kinds of system users: 1. "Query Only Licensee," and 2. "Data Contributing Licensee." The "Query Only Licensee" will access the system only for-information pertaining to pawned merchandise connected with criminal aCtivity. The "Data Contributing Licensee" would actually be licensing and regulating a pawn shop and the regulated business would be submitting information to APS resulting in the creation of the APS data base. Since the City does not currently have a pawn shop which will be subject to the licensing regulations, New Hope presently would be classified aS a "Query Only Licensee" for the purpose of this agreement. New Hope would become a "Data Contributing Licensee" when the City actually licenses and regulates a pawnbroker. (cont'd.) MOTION BY SECOND BY TO: Review: Administration: Finance: Il RFA-O01 Request for Action Page 2 9-22-97 The setup, training and investigator access fees for both the "Query O~~f1~ee"-and."Data Contributing Licensee" are outlined below: / ' Dial-Up Connection $480.00 (initial) $96.00 (per month) "Query Only Licensee" Setup and Training Investigator Access Fee Network Connection $480.00 (initial) $72.00 (per month) The cost for the first year of the agreement aa a "Query OnlyL~c~n,~Z_~,l~p' ,, . . ~_.tconnection would be $480.00 + $1,152.00 (12 x $96.00) or $1,632.00 and would be $1,152.00 in subsequent years. The first year cost as a "Query Only Licensee" with a network connection would be $480.00 + $864.00 (12 x $72.00) or $1,344.00 and would be $864.00 in subsequent years (if a pawn shop was not licensed in the City). There would be additional per month costs if additional simultaneous investigators used the system. "Data Contributing Licensee" Setup and Training Data Collection/Maintenance Fee Access Fee Dial-Up Connection $1,050.00 (initial) $1.00 (each billable transaction) No Charge Network Connection $1,050.00 (initial) $1.00 (each billable transaction) No Charge The proposed New Hope licensing ordinance would pass the data collection/maintenance fee for each billable transaction on to the pawn broker (.), therefore, the only cost for the first year of the agreement would be $1,050.00, regardless of the type of connection, and there would be no cost in subsequent years unless additional simUltaneous investigators used the system. Summary As outlined above, the setup and training costs for a "Query Only Licensee" is less expensive than as a "Data Contributing Licensee." The setup and training costs for a "Query Only Licensee" is $72.00 per month and the City will not have to pay the $96.00 per month fee stated in the agreement if the system is accessed through the City's LOGI$ contract which provides a network connection. If the City had a licensed pawn shop, the setup costs would be $1,050.00 instead of $480.00 under the Query Only system, but the monthly access fee would be at no charge. In other words, the agreement favors municipalities with licensed pawn shops contributing to the system. If a pawn shop locates in the City, a portion of its licensing fee will be used to cover the costs of this agreement. The cost of the agreement would be paid for out of the Police Department budget. The agreement can be terminated upon 30 days written notice and the information obtained from accessing the system can only be used for law enforcement purposes. Due to the fact that it is anticipated that the pawn shop ordinances will be adopted by the City Council at the end of October, staff is recommending that the City approve the Service and Software License Agreement at this time so that the MIS personnel in the City can begin to implement the connection with Minneapolis and the Police Department can start querying the system prior to the formal adoption of the New Hope ordinances. Staff recommends approval of a motion authorizing the Mayor and City Manager to execute said agreement. AUTOMATED PAWN SYSTEM (APS) SERVICE AND SOFTWARE LICENSE AGREEMENT This Agreement is made and entered into this ~day of ,19 by and between the City of Minneapolis, a municipal corporation in the County of Hennepin, S!ate of Minnesota, hereinafter referred to as City of Minneapolis or Licensor, and the City of New Hope, a municipal corporation in the County of Hennepin, State of Minnesota, hereafter referred to as New Hope or Licensee. WHEREAS: The Minneapolis Police Department utilizes a computerized pawn shop records system (APS Service or AUTOMATED PAWN SYSTEM Service); and WHEREAS: Licensee desires to take advantage of the APS Service developed and maintained by the Minneapolis Police Department; NOW, THEREFORE, in consideration of the convenants contained herein, the parties agree as follows: ARTICLE I: Definitions Terms defined in this Article I, and parenthetically elsewhere, shall throughout the Agreement have the meanings here provided. Defined terms may be used in the singular or plural. "Agreement" means this Agreement and its Schedules and Exhibits, which are incorporated in, and form an integral part of, this Agreement. "APS SERVICE" and "AUTOMATED PAWN SYSTEM SERVICE" refers to the proprietary pawn shop identification and tracking system developed by the City of Minneapolis; including software, documentation, and enhancements. The Automated Pawn Service System consists of computing services, information-related services, software, information and other content provided by the City of Minneapolis, as well as accessto APS content provided by parties other than the City of Minneapolis (collectively "Acquired Material'). "Content" means pawn shop transaction records, data and information available on the APS Service. "Data Contributing Licensee" means any licensee which licenses and regulates pawnbrokers or secondhand dealers, and requires them to submit specific information related to specified types of transactions, daily, via dial-up connection to APS Service central data site. "Enhancements" means software programs and _sub-programs in addition to the Software descnbed in Schedule 1. "Query Only Licensee" means any licensee which does not license or regulate pawnbrokers or secondhand dealers. ARTICLE I1: Software Delivery and Installation ~3: \wo~.cl~a~3ntact~.ninn ~,~vf~agremtq 1 .doc The City of Minneapolis shall deliver to Licensee APS Service software in accordance with Schedule 1. Licensee shall have the responsibility of software installation. ARTICLE IIh Title and Risk Title to the APS Service software, including the ownership of all copynghts, patents, trademarks, trade secrets and all other intellectual property nghts subsisting in the software, clocumentation, enhancements, adaptations and to any modifications thereto shall at all times remain with the City of Minneapolis. ARTICLE IV: Payment Payment of the License and Use Fee shall be in accordance with the provisions of Schedule 2. ARTICLE V: License Terms SOFTWARE LICENSE Subject to the terms of this License Agreement, City of Minneapolis grants to Licensee a non- exclusive, nonassignable and nontransferable license to use and display the software provided by or on behalf of City of Minneapolis for purposes of accessing the APS Service on any machine(s) of which Licensee is the pdmary user or which Licensee authorizes for use. Unauthorized copying of the software, including software that has been modified, merged or included with the Software, or the wdtten materials associated therewith is expressly forbidden. Licensee may not sublicense, assign or transfer this license or the Software except as permitted by City of Minneapolis. Any attempt to sublicense, assign or transfer any of the nghts, duties or obligations under this license is void. LICENSEE RESPONSIBILITY. Licensee shall be responsible for all access to and use of the APS Service through Licensee's account or password(s). ARTICLE VI: Licensor's Warranties and Limitations of Liability LICENSEE EXPRESSLY AGREES THAT USE OF THE APS SERVICE IS AT LICENSEE'S SOLE RISK..NEITHER CITY OF MINNEAPOLIS NOR ANY OF ITS CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS WARRANT THAT THE APS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CITY OF MINNEAPOLIS OR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE APS SERVICE. THE APS SERVICE IS DISTRIBUTED ON AN "AS IS' AND 'AS AVAIl.ABLE' BASIS WITHOUT WARRANTIES OF ANY KIND; EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE LICENSE AGREEMENT. D: \wo~d'apl'c. ontact~,Yninn Y~wf~lgremtq 1 .clot 2 NEITHER CITY 0F MINNEAPOLIS NOR ANY Of ITS INFORMATION OR CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE APS SERVICE OR INABILITY TO USE THE APS SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED. ARTICLE VII: Termination and Modification MODIFICATION OF THIS LICENSE AGREEMENT AND THE APS SERVICE. Upon notice, City of Minneapolis may modify this license Agreement, including, without limitation, pdcing and billing terms. City of Minneapolis may discontinue, add to, or revise any or all aspects of the APS Service in its sole discretion and without notice. TERMINATION BY LICENSEE. Licensee is free, if City of Minneapolis modified this License Agreement, the APS Service, or related pricing or billing terms, to immediately terminate Licensee's account and this License Agreement. Licensee may otherwise cancel this License Agreement, without cause, with a thirty (30) day wdtten notice. Licensee shall carry out any termination in accordance with the method or methods established by City of Minneapolis. TERMINATION OR SUSPENSION BY CITY OF MINNEAPOLIS. City of Minneapolis may terminate the Licensee's account and this License Agreement in the event of any breach of this Agreement by Licensee or a use of Licensee' account. City of Minneapolis reserves the rights in its sole discretion to terminate the Licensee's account and this License Agreement at any time or to suspend (with or without notice) or terminate access to or use of the APS Service, in whole or in part, with respect to any Licensee (and/or with respect to any user of Licensee's account) at any time:- CONTINUATIONS OF OBLIGATIONS. Notwithstanding any cancellation or termination of this License Agreement or any account, nor any suspension or termination of access to or use of the APS Service, Licensee will remain responsible for any obligations then accrued, including payment of any charges that may be due as of or in connection with such actions. ARTICLE VIII: Use and Assignment LIMITATION ON USE OF CONTENT. Except as expressly permitted in this License Agreement, neither License nor any user of Licensee's account may reproduce, distribute, transmit, publish or otherwise transfer, or commercially exploit, any content received or accessed througll the APS Service. ILLEGAL PURPOSES p: \w~0~al~;~ ~ontacts~ninn~-mwt-~q3e~gremtq 1 .clot 3 Licensee agrees not to use the APS Service nor any of its elements or related facilities or capabilities to conduct any activity, or solicit the performance of any activity, which is prohibitecl by or would violate any applicable law, rule, regulation or legal obligation. LIMITS ON TRANSFERS; OTHER LIMITS U~less otherwise agreed in wnting, Licensee's right to use the APS Service, or to designate other users of its account, is not transferable and is subject to any limits established by City of Minneapolis. ARTICLE IX: Entire Agreement This agreement, as well as the additional materials specifically refen'ed to herein as being a part of this License Agreement, constitute the entire and only agreement with respect to the subject matter hereof (collectively, the License Agreement') between City of Minneapolis and Licensee. This License Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to the subject matter hereof except as expressly set forth in this document. By executing this Agreement, Licensee agrees to the terms and conditions of this License Agreement. ARTICLE X: Governing Law; Severability This License Agreement is made in the State of Minnesota. This License Agreement and all of the parties respective dghts and duties in connection herewith shall be governed by and construed in accordance with the laws of the United States of Amedca, and, excluding conflicts rules, of the State of Minhesota. Any cause of action of Licensee, or by users of Licensee's account, with respect to the APS Service or this License Agreement must be instituted within one year after the claim or cause of action has adsen or be ban'ed. CIT~ OF NE~ HOPE CITY OF MINNEAPOLIS By: Mayor Mayor ~v; Attest: City Manager City Clerk Attest: City Clerk Countersigned: Finance Officer Approved for Execution Assistant City Attomey p:\wor~l'al~'c.,,ontact$~-ninn~new~agr~ntql .~loc 4 SCHEDULE 1: APS SYSTEM AND OBLIGATIONS APS SYSTEM License for the use of the APS Service as descnbed in this agreement applies to the installation of, usage, and access to the following components on the licensee's equipment: 1. APS Service client software and relevant enhancements (supplied on distnbution diskettes, or via the APS Service software distribution files located on the licensor's computer network). 2. APS Service documentation (Help files) included on the APS Service client software. 3. APS Service oriented user documentation. In addition, licensees are granted access to the following services as authorized in Schedule 2: 1. Access to the APS Service central site database via network or dial-up connection as authorized by the APS service administrator. 2. Access to APS support staff by licensee's APS Service Jurisdiction Administrator for operational questions related to accessing the service via network or dial-up connection. Use of Contents Neither licensee nor any user of the licensee's account may reproduce, distribute, transmit or otherwise transfer any content received or accessed through the APS Service except as required, and legally allowed, in the conduct of authorized investigations of criminal activity, or venficafion of compliance with applicable operational laws and regulations by pawnbrokers, secondhand dealers, or precious metal dealers. Ancillary Equipment Licensee is responsible for acquiring and maintaining all telephone and computer hardware and services necessary to access and use the APS Service via network or dial-up connection. Minimum Equipment Requirements -- The minimum hardware configuration needed by licensee to access the APS Service is: Processor:. 486 DX68, RAM: 16 MEG, Hard Ddve: minimum 6 MB free, Floppy Ddve: 3.5", Modem: 28.8 MHz, Operating System: Windows 3.11 or Windows 95. Pdnter optional, but recommended. Operational Responsibilities Every licensee is resp, onsible for the following: 1. Installation of all hardware components, PC operating software, networking software and APS Service client software. 2. Designating an employee as the APS Service Jurisdiction Administrator. (See Schedule l- A for current Jurisdiction Administrator roles and tasks.) 3. Designating an employee as the APS Service Investigator/User Trainer. 4. Assignment and administration of appropriate user codes and passwords to authorized users of the APS Service system within its jurisdiction. In acldition, every data contributor licensee is responsible for. 1. Coordination and administration of the addition of licensed jurisdiction dealers who will be sending data via modem to the APS Service central site. 13: \w~'d~al~s ,~=~,tact$~ninn~,nC~remtq 1. doc 5 2. Orientation and training of dealers within the licensee's junsdiction regarding APS Service dial-up connection process, reporting requirements and error correction procedures. 3. Venfication of the electronic collection of pawn and secondhand dealer transaction data as required by the licensee's applicable ordinances. 4. Manual entry of pawn and secondhand transaction data when dealer(s) are unable or fail to cio so via modem as required by licensee's applicable ordinances and APS Service policies. 5. Adherence to APS Service policies and procedures as established by the Minneapolis APS Service Administrator. p: \w~d~aps~x~tacts~rninnV~ew~agrefntq 1.do~ 6 SCHEDULE l-A: APS SERVICE JURISDICTION ADMINISTRATOR APS Service Jurisdiction Administrator The Licensee's APS Service Jurisdiction Administrator is responsible for the day-to-day operation of APS within the Licensee's jurisdiction. She (or he) is the point of contact for teci~nical and operational questions from Licensee's investigators and pawn dealers (Data Contnbuting Licensees Only). This person will interact regularly with the APS Administrator at the Minneapolis Police Department (MPD) on issues and questions regarding operations and policy which are system-wide (not just Licensee-specific). Pnmary functions include: · Provide focal point for all APS Service operational and policy activity for Licensee, · Provide end user support as a "first call for help' when questions or incidents occur regarding APS Service usage within Licensee's jurisdiction, · Maintain dialogue with APS Administrator at MPD for questions and support issues, Startup Tasks (All Licensees) 1. Define a process or sedes of steps to receive, log, process and track APS support calls (e.g. who gets called, what information to take, how to forward or close contact, I~ow to accumulate statistics and track open contacts, etc.). 2. Gain familiarity with APS administrative screens to set up new users. Startup Tasks (Data Contributing Licensees) 1. Gain familiarity with APS administrative screens to set up new dealers and support billing functions (Data Contributing Licensees). 2. Gain familiarity with the APS Service upload process and directory structure used for dealer upload files, logs, archived transactions (Data Contributing Licensees). Daily Tasks (All Licensees) 1. Respond to APS support cells. Log contacts, respond or refer contact to APS Administrator (MPD), monitor resolution and ensure requester is contacted with resolution. Daily Tasks (Data Contributing Licensees) 1. Review upload activity from previous evening to ensure all I.icensee's dealers submitted a transaction file. 2. Review administrator upload log for each store to assess whether file was successfully processed or not 3. Contact dealers who have not submitted transaction files or refer to Licensee's investigators/regulators for follow-up. 4. Review error history to ensure dealers are submitting corrections to previous transactions flagged as errors. 5. Perform random spot checks on uploaded data items using APS quedes or reports to venfy overall data quality. (~. Periodically run quedes or reports on cetegodes, items and brands where 'OTHER' is specified. 7. Work with Licensee's police and civilian investigators and regulators to ensure that ordinance-specified data reporting and quality is maintained. 8. Consult with Licensee's investigators/regulators on data quality issues to refer back to dealers for resolution or additional training. Monthly Tasks (Data Contributing Licensees) 1. Receive monthly billing invoice and data from APS administration and generate appropnate remittance. 2. Reconcile/assemble monthly billing data and generate an invoice for each dealer in Licensee's jurisdiction required to report to the APS Service (Data Contributing Licensees). As Required Tasks (All Licensees) 1. Work with APS administration to identify enhancements, productivity tools, system bugs/inconsistencies so as to improve the service provided by APS. 2. Provide training to Licensee's users. ~: \worcl~al:~'comacts'~,~innV~,M'~3e~gremtq I .~X= 10 SCHEDULE 2: PAYMENT AND CHARGES FEES, TAXES AND OTHER CHARGES Licensee sl~all pay all applicable taxes related to use of the APS Service by Licensee or by users of Licensee's ~ccount. Information on charges and surcharges (if any) that are paid to City of Minneapolis and are incurred by licensee or by users of Licensee's account will be made availaDle to Licensee, and Licensee agrees that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to City of Minneapolis. COMMENCEMENT AND DURATION OF LICENSE FEES Licensee acknowledges that (subject to any exceptions granted by City of Minneapolis) a monthly Licenseeship will continue until Licensee cancels the account in accordance with the methods established by the City of Minneapolis (unless otherwise sooner terminated in accordance with this License Agreement). As provided for above, Licenseeship may be canceled by Licensee at any time. The monthly LicenseeshiP fee shall cease to apply for any month after the billing month in which Licensee duly cancels. PAYMENT FOR SERVICES Licensee will be invoiced monthly for pdor month's fees and charges. Invoices are due and payable upon receipt. If payment is not received within 30 (thirty) days from date of invoice, licensor may suspend or terminate this license agreement. FEE SCHEDULE Query Only Licensee Setup and Training $480.00 (All training requires and assumes working knowledge of Microsoft Windowsm.) 1. Establish licensee's account on APS Service. 2. Two (2) hours training for licensee's designated APS Service Jurisdictional Administrator at APS central site. 3. Two (2) hours training for licensee's designated APS Service Investigator/User Trainer at APS central site. 4. Additional investigator/user training at APS central site $45.00 per hour, per attendee. Access Fee for Pdmary Investigator(s)/User(s) Using Dial-up Connection $96.00 Per Month 1.- Unlimited access to the APS Service for one (1) simultaneous designated user, via a dial-up connection, in accordance with the applicable portions of this agreement. Access Fee for Additional Simultaneous Investigator(s)/User(s) Using Dial-up Connection $58.00 Per Month/ Per User 1. Unlimited access to the APS Service database for each additional simultaneous connection by a designated user, via a dial-up connection, in accordance with the applicable portions of this agreement. Access Fee for Primary Investigator(s)/User(s) Using a Network Connection $72.00 Per Month !3: \worcl'a~'c,o~tact$~rninn ~new~ol3e'agremtq 1, doc 1. Unlimi'ted access to the APS Service for one (1) simultaneous designated user, via a network connection, in accordance with the applicable portions of this agreement. Access Fee for Additional Simultaneous Investigator(s)/User(s) Using a Network Connection $43.00 Per Month Per User 1. Unlimited access to the APS Service database for each additional simultaneous connection by a designated user, via a network connection, in accordance with the applicable portions of this agreement. p: \wo~'cl~ala~'ccmtacts'~ninn'~W,.313e~,agremtq I .cloc= ~ SCHEDULE 2: PAYMENT AND CHARGES FEES, TAXES AND OTHER CHARGES Licensee shall pay all applicable taxes related to use of the APE Service by licensee or by users of Licensee's account. Information on charges and Surcharges ('~ any) that are paid to City of Minneapolis and are incurred by licensee or by users of Licensee's account will be macle available to Licensee, and l. Jcensee agrees that this is sufficient notice for all purposes as to cl~arges incurred and paid or to be 13aid to City of Minneapolis. COMMENCEMENT AND DURATION OF LICENSE FEES Licensee acknowledges that (subject to any exceptions granted by City of Minneapolis) a mor~trtly Ucenseeslllp will continue until I.Jcensee cancels the account in accordance with the methods established by the City of Minneapolis (unless otherwise sooner terminated irt acGordance wi~l this License Agreement). As provided for above, Licensee~ip may be canceled by Licensee at any time. The monttlly I. Jcensee$1~ip fee ~ali cease to apply for any month after the billing month in which Licensee duly cancels. PAYMENT FOR SERVICES Licensee will be invoiced monthly for prior month's fees end chan~e~, invoices are due and payable upon receipt, if payment is not received wittlin 30 (tilirty) (lays from ama of invoice, licensor may suspend or terminate this license agreement. FEE SCHEDULE Data Contributing Ucensee Setup and Training $1.050.00 (All training recluims and assumes working knowledge of Microsoft WindowsTM.) 1. Establish licensee's account on AP$ Service.- 2. Eight (8) houm training for licensee°$ designated AP$ Senrice Jurisdictional Adminislzator at AP$ central site. 3. Two (2) hours training for licensee's designated_ APE Service investJgatorluser trainer at APE central site. 4. Additional investigator/user training at APE central site $45.00 i~r hour, per attendee. Data Collection and Maintenance Fee $1.1X) Eactl Billable Transaclion 1. Collection and maintenance administration of all ref~rtable ar~ ~illaDle l~'~lsactlon inf~Tnat~on e~ defined by licensee's ordinances and received via network or diakup connactlon. 2. Monthly billing te licensee of all billable transactions received, which dealer they wer~ sut~mitted by, and whether they were electronically uploaded from the dealer or manually entered by the licensee. Access Fee for PdmarY Investigator(syUser(s) Using Dial-up Connection $ N/C Per Month 1. Unlimffecl access to tl'te APE Service fo~' one (1) simultaneous designated user, via a dial-up connection, in accordance with the applicable portior~ of this agreement. Ac. ce~ Fee for Additional Simultaneous tnvestigator(syUser($) Using Dial-up Connection $58.00 Per Month/ Per User 1. Unlimited acoess to the APS Service dataloase for each additional simultaneous connectlon by a designated user, via a dial-up connection, iiq accorclance with the applicable portions of this agreement. Acceu Fee for Primary Investigator(s)/User(s) Using a Network Connection $ N/C Per Month 1. Unlimitecl access to the AP8 Service for one (1) simultaneous designated user, via a netwod( connection, in accordance wttr~ the applicable i~rtions of this agreement. A~x=eu Fee for Addrdonal Simultaneous Investigator(s)/User(i) Using a Network Connection $4,3.00 Per Month Per User 1. Unlimited access to the APS Service c~ataoase for each additional simultaneous connection by a clesignated user, via a network connection, in accordance with the applicable portions of this agreement. OrlgmatLng Depa~ent Approved for Agenda ~ ,.Agenda Section ~rolnances ~, City Manager Resolutions ,¢~ 9-22-97 Kirk McDonald i/ Item No. By: Management Assistant By:. / // I0, [ ORDINANCE NO. 97-2 (CONTINUED): A~/ORDINANCE AMENDING CHAPTER 8 OF THE NEW HOPE CITY CODE BY ESTABLISHING LICENSING REGULATIONS FOR PAWNBROKERS. PRECIOUS METAL AND SECOND HAND GOODS DEALERS (pLANNING CASE 96-04) At the November 25, 1996, City Council meeting, the Council also considered Ordinance No. 97-02, An Ordinance Amending Chapter 8 of the New Hope City Code by Establishing Licensing Regulations for Pawnbrokers, Precious Metal and Second Hand Goods Dealers. (This ordinance does not require a public hearing because it is not part of the Zoning Code.) The ordinance establishes license and application requirements, establishes four (4) fees for application/investigation/license/billable transactions, establishes conditions of approval for licenses, describes general license restrictions, etc. The ordinance is a result of a resolution passed by the City Council in March 1996 authorizing a planning study on this issue. The Planning Commission considered this licensing ordinance at its November 6 meeting and recommended approval of the ordinance. Due to the fact that the APS (Automated Pawn System) technology will not be available until later in 1997, staff recommended that the City Council table this issue for consideration at a future Council work session so that staff could explain all sections of the ordinance to the Council in detail. The Council tabled this ordinance until the January 13, 1997, Council meeting and subsequently tabled this matter to March 24, June 9 and September 22, and that is why this item is appearing on this agenda. The City Council conducted a work session to review the-pawn shop ordinances in May 1997 and found the ordinances to be generally acceptable. The Council directed staff to conduct further research on the "second hand dealers" section of the ordinance. The City Attorney and staff have made modifications to the ordinance, per the Council's direction. The final version of the ordinance will be presented to the Codes & Standards Committee of the Planning Commission in September and to the full Commission at the October meeting. The City's MIS Coordinator is also currently working with the Minneapolis Police Department on a computer link for the APS system. Once the computer link is ready, the final ordinance will be presented to the Council for adoption and the moratorium can be eliminated. It is anticipated that this will be completed before the end of October. Staff recommends that consideration of this ordinance be continued until the October 27 Council rn~tinn MOTZON BY SECOND BY TO: Review: AdratntstratJon: Ftnance: RFA-O01 ~ EDA REQUF~T FOR ACTION Originating Department Approved for Agenda ED/l~genda Section City Manager 9-22-97 EDA Kirk McDonald Item No. Management Assistant 4 DISCUSSION REGARDING RESIDENT/GUIDE AND BUSINESS DIRECTORY PROMOTION (IMPROVEMENT PROJECT NO. 609) / Staff request to discuss with the EDA a concept idea regarding the development of a New Hope Resident Guide and Business Directory promotion. As you are aware, in 1995 and 1996 the City and retail business community cooperated with each other to fund and conduct the "Shop Neighborly New Hope" campaign. The purpose of these promotions was to publicize and educate residents about the goods and services available in New Hope and to encourage support for local businesses. The promotions also allowed the City to establish a gooid working relationship with local retailers. While the promotions were successful in terms of generating excitement, they did not satisfy the goal of increased business activity once the promotional events ended. Earlier this year representatives from the City met with business owners and indicated that the City wanted to continue the cooperative partnership with the local businesses, but everyone agreed that it would be beneficial to re-focus efforts on a new program or strategy that would have the potential of greater benefit to both the business community and City. The City held several brainstorming meetings in March/April to discuss the interest in a cooperative business promotion that would be supported by both the business community and the City and a number of ideas were exchanged. Since that time, a sub-committee of business representatives and C~ty staff have been meeting to review efforts in other cities, discussing the specifics of a project and int/~tviewing vendors for the project. / , : ~ t,,,¢~/~,~, (cont'd.) MOTION BY SECOND BY TO: Review: Arlrninistration: Finance: III RFA-O01 ~ Request for Action Page 9-22-97 The concept idea for the promotion is the development of a New Hope Resident Guide and Business Directory. This concept effectively combines two projects into one. City staff have long wanted t,~-' publish a guide for residents informing them of City services so that a variety of City information could be provided under one cover. Staff feel that the current information provided to new residents is not adequate. The business community felt that some type of quality business directory listing businesses with the potential for advertisements would be beneficial. After initial bids were received on both projects, it was determined that both projects could easily and effectively be combined into one project. The result would be a quality city/business publication that would provide information on the City and also serve as a business directory by indexing local retail businesses and their location on a fold-out map and through advertisements. Many cities are currently utilizing this concept and the vendor that the committee would like to hire for the guide/directory, Planet Publications, has published similar city/business guides in Plymouth and St. Louis Park. The concept was presented to and approved by the businesses serving on the committee on September 15 and staff is requesting concept approval from the EDA at this time. More specific details of the proposed project, including costs, responsibilities, etc. are included in the attachments. A sample publication from Plymouth is also enclosed, although New HOpe's guide/directory would be in a revised/improved format. The total cost for the project is approximately $30,000, with the City contributing about one-half of that amount and the business community contributing the other one-half through the purchase of advertisements. There are adequate funds budgeted in the 1997/98 EDA budget to cover this expense. City staff will explain more of the details on the project to the EDA at the EDA meeting. Staff is requesting feedback from the EDA and concept approval for the project. If the EDA is agreeable to proceeding, final details will be finalized the first part of October and the contract with Planet Publications will be presented to the EDA on October 13. Resident Guide and Business Directory Presented to the New Hop® EDA September 22, 1997' TABLE OF CONTENTS Project Background Major Contract Components 1 City Support Letter and Kickoff 2 Advertising Rates 3 Map/Index of Advertisers 4 Listing Fee 5 Additional Press Run 6 Subsequent Publication Costs 7 Production Schedule 8 Name of Book 9 Time Line 10' Previous Spending 11 Bottom Line 2 2 2 2 3 3 3 3 4 4 4 5 Project Background For the past two years, the City of New Hope partnered with local businesses in an annual event called "Shop New Hope". The purpose of this event was to increase local business activity and patronage by promoting resident awareness of local businesses. Shop New Hope, in conjunction with Duk Duk Daze, was a success in terms of generating excitement, but it did very little to satisfy the goal of increased business activity once the promotional events ended. After several meetings this Spring, the Business Promotion committee decided to take a different approach. A subcommittee consisting of two business leaders, Jim Brinkman and Brian Minette, and three City staff members, Kirk McDonald, Para Sylvester, and Jacquie Desautels, was charged with formalizing a plan and reporting back to the full committee. Ideas that surfaced during the initial meetings consisted primarily of promotional booklets, such as a coupon booklet, to be delivered to every New Hope residence via direct mail. The booklet was to include a map of New Hope and have a center pull-out section of coupons. Meanwhile, City staff was looking at publishing a Resident Guide for the City of New Hope which would describe city services including park and recreation, public works, police and fire departments. After initial bids came in on both projects, the committee decided that the premises of both projects could be combined easily and efficiently into one project. The result is a city/business publication that details city history, provides information on local government and elected officials and also serves as a business directory for the City by indexing local businesses and their location on a fold-out map and through their advertisements. Once the focus was realigned in mid-July, the subcommittee met with three different publication agencies. The SunPost, FocusNews, and Planet Publications made presentations and all had something slightly different to offer. We did not seek formal RFPs because no one could deliver exactly the same product as specified. Considerations such as art design, delivery, size and costs of ads were all elements that received careful consideration as we reviewed the bids. The SunPost, at the last minute, decided not to bid so the decision narrowed to FocusNews and Planet Publications. Strictly in terms of cost, FocusNews was the lower bid. Because their Resident Guides are essentially "cookie cutter~' templates that they run on their newspaper press, they are able to provide the booklet for free and recapture all costs through advertising sales. The only costs the City would incur are staff time, the cover design (optional) and door-to-door delivery since their normal medium of delivery is through their newspaper. However, the final product is one which lacks a polished, high quality appeal. Everything from paper weight to art design suggests a lesser quality despite the effort and time commitments from City staff and local business leaders. Although the Planet Publications bid was higher, it is essential to bear in mind that we were not comparing like proposals. At this point, the committee had to take a step back from comparative, financial considerations and examine less tangible considerations such as the overall goal, aesthetic appeal, and public response. Moreover, the City made significant financial contributions in previous years. Compared to those outlays, the Planet Publications proposal is a reasonable contribution (see page 6). Even more important, however, is the fact that the City will have a resident guide that can be of use to every New Hope resident and also to prospective residents. Additionally, local businesses will have a high quality forum in which to advertise that targets their pdmary clientele base for an extended pedod of time due to the long shelf life of this publication. For these reasons, the subcommittee opted for the Planet Publications' proposal. Page 1 Major Contract Components City Support Letter and Kickoff The City will send a letter to all businesses in New Hope describing the Resident Guide project and aSking for their support through advertising dollars. A schedule of ad rates, provided by Planet Publications, will be included as part of the letter. The mailing list will then be provided to Planet Publications for the purpose of soliciting advertisements. Therefore, no approach to any business should be a "cold call" and will hopefully generate increased enthusiasm and a greater willingness to participate in the Resident Guide. Given this effort by the City, Planet Publications will seek advertisements or listings from every New Hope business, including professional practices. The City will list all churches, schools, and school district information as part of the City edit. These organizations, however, may place an ad if they so choose. The City and local buSinesses will participate in a "kick off" once the Council approves the contract. Planet Publications representative, Susan McNulty will be in attendance along with her sales representative. 2 Advertising Rates PROPOSED AD RATES Size Black Only Add'/edit color Add'/4 color process (text pages only) Back Cover $900.00 n/a Inside Front Cover $800.00 Inside Back Cover $800.00 Full Page $700.00 $75.00 Half Page $400,00 $75.00'-_ Two Third Page not a good size for any digest sized publication One Third Page $300,00 $75.00 One Sixth Page $235.00 $75.00 (cover pages only) $300.00 $300.00 $300.00 *The ad rates reflect a 20% reduction from the original proposal by Planet Publications. The pro forma was adjusted so that the additional costs were shifted to the City's fee. 3 Map/Index of Advertisers The City will insert a 4-color, fold-out map that is stitched in the center of the booklet. The City will work with its consulting engineer to revise the existing zoning district map by including a grid, shopping center references, as well as park and lake detail. An "Index of Advertisers" will be on the back side of the map and will list every advertiser, regardless of the size of ad purchased, their name, address, and phone number along with a location reference on the map (Example: "Universal Color". ........ "B-4"). Page 2 4 Listing 'Fee Businesses that do not want to advertise will have the option to purchase a "listing only" for $45. The listing would also include the location reference on the map. Planet Publications agreed to sell listings based on the following conditions: Planet Publications will hire a telemarketer for a fee of $2,000. This fee includes contacting all businesses on the list, administration, invoice development, postage, entry of business listing in their database, sorting and downloading to our art direction program, copyediting, litho, printing and any collections. The $2,000 fee will remain even if the City of New Hope determines NOT to sell listings. This fee will be applied to the added task of contacting every business in the city. Listing revenues will remain as part of the publisher's revenues. · The price is increased to $45, instead of $35, and Planet Publications will set a COD policy for , the listings in order to eliminate the need for collections. 5 Additional Press Run We are confident that a press run of 20,000 will be sufficient, but if demand exceeds our supply, additional press run costs are as follows: Quantity Price 48 page book 5,000 $1,800 48 page book 10,000 $3,200 64 page book 5,000 $2,200 64 page book 10,000 $3,800 Map 20,000 $3,400 25,000 $3,700 30,000 $4,100 3lus MN Sales Tax 31us MN Sales Tax 31us MN Sales Tax 31us MN Sales Tax 31us MN Sales Tax 31us MN Sales Tax 31us MN Sales Tax 6 Subsequent Publication Costs The City looked into possible cost savings of the Resident Guide with Planet Publications in future years since the edit will requ!re only minor modification. The publisher said that it would be easier to answer this question once the project is complete. Her initial reaction, however, is that there would be some cost savings to the City, but in the neighborhood of 10%. She said that the edit is actually a very small portion of the total costs. The expenses that will not diminish are printing costs, advertising sales, and art design and these constitute the majority of the expense. As for the City, having the initial edit complete will yield tremendous cost savings in future years. 7 Production Schedule Since this is the first time all City information will be integrated into one source, we are committed to producing a thorough effort. The Management Intern will serve as the primary copy writer and contact for the project. All department heads will need to review relevant information and the Business Promotion Committee will also have the opportunity to review the final edit before it goes Page 3 to press. Therefore, the production schedule that Planet Publications and the City agree to must take these members and their schedules into consideration and the deadlines must be flex~bte. Planet Publications will hire a copyeditor to review the first draft and make recommended changes in context and content of edit. The fee for this service is $600. 8 Name of Book The City and local businesses have agreed Upon the following title for this publication: "The City of New Hope Resident Guide and Business Directory" 9 Time Line The time line for project and contract approval will follow this schedule: · Full Committee approval on 9/15. · City staff will present idea to the City Council on 9/22 to seek concept approval and a motion to continue with project and finalize all necessary contracts. · City staff will present contract'to City Council on 10/13 and seek approval. · The City anticipates a publication date of January 1998. 10 Previous Spending 1995 The EDA expressed support for the "Shop New Hope" promotion and unofficially committed approximately $32,000 in EDA funds to support the program. The agreement between Key Group Advertising and the City called for a payment of $49,485.00, with $15,750.00 of that amount being contributed by business sponsorships and $33,736.00 being paid by the City. 1996 The EDA approved the concept of conducting another "Shop New Hope" promotion in 1996. The agreement between the City and Key Group Advertising calls for a payment of $46,000 by the City. It was anticipated that at least half ($23,000) of the total budget amount would be contributed by business sponsorships and that no more than $23,000 would be paid for with .EDA funds. Page 4 11 Bottom Line Total Page Count Display Ad New Hope Fee* Sales Revenue* ;~ ~' "~ '~'~,'i 'i'i"~'~ ~ ~"~'~,'~,'~'~' ......... ~ .............................................................. ' ................. '~'~'i'~'~'~:'~'~i .............. ~'~"~i'~'~'~:'o'~i i~?"x'!/"~'"'!"a'~'"c'?"v-t~ ............ : ................. '~7~'6'6'.'f~'! ............. '~'~"~i'~'~'67~'~i .48 text 1 4 page cover . :~"~'/'~':~"~'~"~'~'~ ............ i ................. '~'~i'~'~'~7~'~ .............. ~'~'~L'~'~'~7~'~i ~ .............................................................. : ................. '~:~1'6'6'61'~'6~ .............. ~'~'~i'~'~'6~'~'6i i~'?'*'L~'"?"g'"e""c"°'"v'"e'~' ........... " ................. ::48 text / 4 ~age cover ~;~"/~'~';~"~'~"~'~'~ ............ i ................. '~76~'67~'6":.. ............. '~';~"~1'6'~'~'~i .............................................................. i J~--t,~,~,L??--'-c--°"-v-'?-r'- ........... ; ................. '~,'~'/0'~i'~'6i ............. [~'!'e"~'!"'C~'?"v'"e"r" ............................. '~i'0'0'~:'~'~i ............. '~'~'~i'~'~'~:'O'~i !~--t'-e'-*-L~"~"a"g"'e'"-c"°"'v"'e-"' ............ -. .............. '~;'~'~i'O'b-~:'O'~'i ............. '~'~'~i'~'~'~1'6'~i, [~"t'~'*'L~"~'?'"e'~ ............ iJ~"t'~'x"t"L~"~"a'"g"e"'"c'?'"v'~ ............ : .............. '~'~'~i'~'O'~:'f~? ............. iJ~"t'~'!'??""c"°'"v'"e'~ ............ : .............. '~'~":~';0'6'~7~'07 ............. '~'~"ii'~'6~';O'Oi i~"t'~'x"t"L~"~?'"'c'?"v"tr' ............ ". .............. '~'i~:7~'~'~TO'Oi ............. '~'i'~";O'~:'~'O! iJ~,.t.~.L~-.,p---a---e--e---?-.e.-r- ............ iJ~'!'e'"x"t"L~"~"a'~'e-'"c"°'"v'"e'~ ............ [ ~ ~ , t..e...x., t..,!,,~.,?..~.e... ,?...v._~ ~. .......................... '~ ;ff ': ~ ~'~':~ ~ i ................ '~;'~:'i~'~ i~'?'~*'!"~"?'?~'~'"?"°'"v"~'~ ......... : .............. '~'~'~70'~'."0'~i ................ '~"~'~'~:'O'~i i-'6'~-'t'~'*/"~"~?"?"~ ........................... '~'~"~'0'a~7~'~i ................ '~7~'~1'~'~i i ~"t'~"x"t"L~"~"g'~"'c"°'"'f'~'r' ............ i~'?'"x'~'L~"Ea"g"e'""c'?"v'"e"r' ............. ' .............. ~':~'~'1'6'6~T6'61 ................ '~"6'6~1'6'6i i~"t"e"~'!'~"~?"?"v"~ ........................... '~':~'~'~'~1'~'~1 ................ '~"~'~:'O'~ !~"t'~'~'L~"?"e"~'"c"°'"v'"e""' ............ ~ .............. '~':~':~i'0'~'~7~'~'i ................ '~;~"~'~'~:'~'~i i?...~,!-,-4'---~-?'~ ............ " .............. '~',i';~i~:'~'0i ................ '~':~"~'~i~':~'~i i~"t'~*'!"~"'e~'"c'?'"v"tr' ............ ' .............. '~':~'~-~-~'~'"':. ................ '~'~'~-~:'~'~i i64 text / 4 page cover ...... i~;"~i'T~;"i~'~"~;;~'~' ........... i ............... ~'~i~TO'~i~7~'O".:.' ................ '~:'0'6~.'60i ii~i"~'~'~i"~'~i~"~'~'~:' ........... ~ .............. '~'~'~';~i'~'."~'~i ................ '~,'~'":i'~i~'."~'~i .............................................................. .': ............. '~8,ooo.oo! $5oo.oo i64 text / 4 page cover ~ ......................... .............................................................................. '~'~Tifi~'~:'6iii ................ $o.ooi 164 text 1 4 page cover . *Sales Revenue Definition (as defined in proposal): The sales revenue is defined by the collected amount of net dollars AFTER any discounts. NOTE* Planet does not plan to offer discounts but in order to define the above chart dollar figures, the issue must be addressed. The sales revenue DOES NOT include any production rates that are charged to produce ads. It DOES include all color, sold. Any listings revenue is NOT included in the above chart The proceeds of all listings sold will remain with the publisher. The $45.00 listing price is built on a break-eyen level that will pay for commissions, administration', database management, collections, etc. Page 5 Cost Sharing City Contribution: 3. 4. 3. 4. 5. 5. $ 9,100.00 Fee after ad sales (Based on estimated sales of $17,000) Telemarketing fee $ 2,000.00 Cover design $1,000.00 Map design fee by City Engineer $ 640.00 Art direction for map $ 400.00 Copyediting $ 600.00 Additional printing costs (if any) $ City staff time $ Total $13,740.00+ Businesses' Contribution: Display Ad Sales Revenue (estimated) $17,000.00 Business leaders' time commitment $ Total $17,000.00+ Page 6 Project No. 567 Bulletin #3 1997 INFRASTRUCTURE IMPROVEMENT PROJECT AREA 2 Project Status The 1997 Infrastructure Project - Area 2 has proceeded on schedule despite wet weather this summer. Thank you for your patience and cooperation with the inconveniences associated with construction. As you are aware, the contractor worked long hours with many crews to maintain the project schedule. All work scheduled for 1997 has been completed with the exception of punch list items. These include miscellaneous curb, sod, and sidewalk repair. The wear course, the final layer of asphalt, will be placed on the streets in the spdng. Allowing the base course of bituminous to go through the winter season allows engineers and City staff to detect any soft spots or settling of the subgrade below the street surface. Any needed repairs can then be made before the wear course is applied in the spring, resulting in a better final product. Project Schedule The punch list items will be addressed in the next few weeks. All work done in the spdng should be completed without disturbing access to properties in the area for more than a few minutes at a time. Sod All of the turf restoration in the project area has been completed. The contractor will be responsible for keeping the sod well watered for 30 days after installation. At that time, if the sod is healthy and has established itself, it will be accepted by the City. Once the City accepts the sod on the project, the maintenance of the sod becomes the responsibility of the adjacent property owner. Here are some tips for a healthy lawn: · Don't walk on your new sod for the first two weeks. · Don't mow the new sod until it either lays over and mats down when wet or the grass goes to seed. Then mow your sod with the mower deck set to its highest setting. · Don't fertilize your new sod until later this fall or next spring. Contact Persona If you have questions or concerns about the infrastructure improvement project, please direct your calls to engineer representatives: Vince Vander Tol~, Project Inspector: 604-4790 Mark Hanson, City Engineer. 604.-4838 If you desire to speak with someone with the City of New Hope, please contact Tom Schuster, Contract Manager, 533-4823 ext. 13. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 9~9~7 TAL SeptemberS, 1997 Douglas Sandstad City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 9413 36TH AVE~LE N(DRTH. NEw H,:PE..x, IN 1'612.1 546-7707 F.&x: ~612} 546---i: Dear Mr. Sandstad; I am responding to your September 5, 1997, letter. This was an oversight on my part and I apologize for this. Today I placed a call to the person who appeared at City Council and made our new sign, Mr. Ed Doucet of A La Pointe Sign. I have asked him to make a new middle panel for the original sign. He will place the name of Miller Law Offices on that panel and then remove the small sign that has hung below. Greystone Realty recently moved Out of their space and we will remove that sign. Again, thank you for alerting me of this oversight. Sincerely, Stephen P. Boger, D.D.S. SPB/jwb cc: Ed Doucet Donald D Nix and Molly J. Nix 3941 Winnetka Avenue North New Hope, NEN' 55427-1206 Home 6 l 2-545-6893 24 Hour 612-90 t-0580 Fax 6 t 2-595-9900 September 22, 1997 Douglas Sandsted City of New Hope Building Inspections Dear Mr. Sandsted: We are scheduled to have our shed completed by October 15 However we have had 3 issues which have prevented us from accomplishing this project on time:. 1.On May 20m we were served notice from Jean Coone to cease doing business out of our home. 2.During the week of July 14m my service van broke down. Due to slower business during our first year and the normal start up costs we are unable to afford to bring the van to a shop for the needed repairs. I begun working on the van myself and was near to completion by July 10m. 3. On'J~ 10m, at the North Memorial Hospital Emergency Room, I was diagnosed with and rendered emergency surgery for a bowel obstruction. I was hospitalize 4 days and' have had to convalesce until today, when I am able to return to work. It is under these conditions that I request an 8 week extension to comply with the conditions we agreed upon at the July 28m council meeting for the conditional use permit. We appreciate your consideration on this matter for which Molly and I 'Thank You' in advance and invite you please call with any questions. Sincerely, Don & Molly Nix DM&K Creator Companies Incorporated .;'~O ~ X/on Avenue North ',,'e',v i-"o:e, Minnesota 55428.4898 C,::? Hail: 612-531-5100 Pc/ice: 612-531-5170 Public Works: 612-533-4823 TDD: 612.531-5109 City Hall Fax: 612.537 ~ Police Fax: 612-53 l.~b ~ ,~.~ Public Works Fax; 5t2-533.7650 Fire Oep't. Fax: 612-531-51;'5 September 29, 1997 Mr: & Mrs. Donald Nix 3941 Winnetka Avenue North New Hope, MN 55427 Subject: Request for Extension on Compliance with Conditions for Conditional Use Permit for Home Occupation Dear Mr. & Mrs. Nix: The City is in receipt of your September 22 correspondence in which you request an eight-week extension to comply with the conditions agreed upon at the July 28 Council meeting for a conditional use permit to allow a home occupation to operate a home maintenance business out of your home at 3941 Winnetka Avenue North. The City understands that the request for the extension is related primarily to recent health problems. Your request was reviewed with New Hope City Manager Dan Donahue and he has administratively approved your request. The City has notified your neighbors about the extension, per the enclosed correspondence. The City expects all conditions to be fully complied with no later than November 26, 1997. Please contact me at 531-5119 if you have any questions or Comments. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator cc: City Council Dan Donahue, City manager Steve Sondrall, City Attorney Doug Sandstad, BUilding Official Jean Coone, General Inspector Valerie Leone, City Clerk Planning Case File No. 97-12 Family Styled City .~,,ii,~ [,,i/,~,;,, For Family Living 4,¢01 Xylon Avenue North New Hope. Minnesota 55428-4898 City Hall: 6 ¢ 2-531-5 t O0 Po/ice: 6 ~ 2-531-5170 Public Works: 612-533-4823 TOD: 612-531-5109 City Haii Fax: ~12.531.5!~ Poh'ce Fax: 5t2.531.517~' Public Works Fax: 612-553-75~,0 Fire Dep't. Fax: 612-531-5175 September 29, 1997 Subject: Conditional Use Permit for Home Occupation at 3941 Winnetka Avenue North To Whom It May Concern: At the July 28 New Hope City Council meeting, the City Council 'approved an application from Donald and Molly Nix for a conditional use permit for a home occupation to allow a home maintenance business to operate out of their home at 3941 Winnetka Avenue North. The conditional use permit was granted subject to the following conditions: 1. Specifically limit the business use area of the property to a maximum of 350 square feet as identified on plan dated June 30, 1997. 2. Allow no outdoor storage. 3. Existing shed to be removed and new shed to be completed by October 1, 1997, and colodshingles to match house. 4. Panel van with signs should be parked on the south side yard ddve. 5. Quarterly inspections the first year and semi-annual inspections thereafter. 6. Privacy fence and/or screening to screen the south, west, and north side of rear yard. Mr. Nix has recently submitted a letter to the City stating that he has encountered some health problems over the past several months. For this reason, he indicates-that they are unable to meet the October 1 deadline to remove/replace the shed on their property and has requested an eight-week extension to comply with the conditions agreed upon. This request for an extension was reviewed with the City Manager and it was determined that there was some justification for an extension, therefore, the City Manager has approved an eight-week extension to comply with the conditions: The property owner will be required tO comply with all conditions no later than November 26, 1997. The City wanted to inform the residents who were originally notified about this conditional use permit request about the extension. If you have questions or comments, please contact me at 531-5119. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator CC: City Council Dan Donahue, City Manager Family Styled City ~'~j~ For Family Living AUGUST 1997 AMERICAN PLANNING ASSOCIATION Zoning for Dual Fueling By Laura Thompson lmhe gasoline station has undergone a number of transformations since fuel was first distributed by pail during the early part of this centu~. From the introduction of self-service stations in the 1970s to the relatively recent addition of convenience food sales, gasoline stations have continued to evolve. They are now entering a new phase through the formation of joint ventures with national fast-food ~ operations, making it possible to refuel both automobile and customer at the same location. These combinations are popping up all over the place. The combination gas station, fast-food restaurant, and convenience store is a response to an increasingly competitive gasoline market and a growing demand for convenience services. The combination of several distinct uses at a single location is likely to cause problems if the site is not designed in a manner that enables each business to function without internal congestion. As proposals for such facilities come into the communiw, planners are likely to focus their concerns primarily on balancing the needs of the drive-through operation, short- term parking, and circulation within the site in an attempt to minimize the conflict between pedestrians and vehicles. Gas stations and fast-food restaurants generate a great deal of traffic, and their combination challenges planners to develop regulations capable of accommodating new convenience retail trends while protecting the community from unnecessary congestion and nuisance problems. Once again, planners are faced with the need to reevaluate their zoning regulations in response to new trends in the development of gasoline stations. This issue of Zoning News explores some of the fundamental issues that relate to these combination facilities and provides examples of how communities are dealing with them. How Are They Handled? In response to the changing nature of the gasoline retail industry, many communities now explicitly define and effectively regulate combination gas station/convenience stores in their ordinances (see "Convenience Stores and Zoning, To Go." March 1993). The fast-food restaurants that are forming alliances with oil companies are most often nationally recognized quick-service restaurants (QSRs) with drive-through capabiliD~. They operate in the same manner as a stand-alon.e fast-food restaurant, except on a smaller scale, sometimes offering limited menus, and emphasizing off-site consumption by providing little or no seating. However, most communities do not specifically address the combination gas station, fast-food restaurant, and convenience store in their zoning codes. Instead, they combine the necessary regulations for each use. While the Will Coun .ry, Illinois, ordinance does not explicitly address the combination of convenience uses, two In 1993, Amoco and Burger King opened this facility at a busy intersection in West Chicago, Illinois, replacing an unsuccessful solar-powered Amoco service station. commercial uses are allowed on the same parcel, provided that both are permitted in the specific zoning district. The ordinance allows both automotive service stations and drive-through restaurants by right in the general business district. "The only stipulation for combining two uses is that the parcel itself meets all the dimensional requirements of that particular classification," says county planner Michael Schwarz. These Amoco site requirements and guidelines are intended to assist site planners when designing a preliminary plan for a co-branded Amoco site. in Santa Monica, California, combined uses on the same site are regulated by a conditional use permit. For example, the combination of gas stations/mini-marts and fast-food restaurants is conditionally allowed in the C-2 neighborhood commercial zoning district, but such facilities must comply with the provisions of the conditional site standards ~:or both service stations and fast-food restaurants. in Windsor, Planners and city engineers are faced with the task of developing sites that can accommodate high levels of traffic while maintaining the smooth circulation of vehicles on site. Connecticut, "any change that significantly increases the intensity of existing uses or involves the addition of a use to any existing gasoline filling station shall be considered a special use." In such a case, the commission will consider the need for such uses, the size and location of the site, estimated traffic conditions, compatibility with surrounding development, site and building design, and signage changes. Site Design Standards A number of communities have adopted site design standards for automobile-related facilities. The combination gas station, fast- i'bod restaurant, and convenience store is .typically regulated on a site-by-site basis under conditional standards that address some or all of the following issues. Circulation. Studies conducted by the institute of Transportation Engineers (ITE) suggest that a fast-food restaurant on its own can generate 1,500 trips per day, and a service station can generate 133 trips per fueling station. ITE has not yet come up with trip generation standards for the combination of gas stations/convenience stores and fast-food restaurants, but it is evident that these uses attract large numbers of customers. Planners and city engineers are faced with the task of developing sites that can accommodate high levels of traffic while maintaining the smooth circulation of vehicles on site. Rancho Cucamonga, California, uses design guidelines for drive-through facilities to regulate fast-food restaurants developed in combination with service stations. The conditional use standards try. to minimize the conflict between pedestrians and vehicles by placing driveways and service areas in locations that reduce the chance of interrupting on-site vehicle movement. Buildings must be placed in a manner that screens the drive-through lane and creates pedestrian pathways and spaces. In order to maintain on-site circulation, each drive- through lane is to be separate from pump islands and from routes necessary for entering and exiting the property. Laura Thompson is a former APA research intern who now lives in San Francisco. According to senior planner Nancy Fong, the applicant is required to submit a traffic study indicating that the drive- through stacking lane will be long enough to accommodate ~uch a use in a specific area and to ensure that on-site circulation ~il[ not interfere with adjacent thoroughfares. In 1994, the Villa Park, illinois, planning staff made several recommendations concerning an application for a conditional use permit to expand an existing gas station/convenience store operation by adding a drive-through for a national fast-food restaurant. Located in the C-3 service business district, the 40,200-square-foot parcel offered sufficient space for the expansion. The ci.ry council approved the application with the recommendations, but the applicant later withdrew the request. However, the recommendations illustrate how the city regulates combination facilities, in order to maintain on-site circulation, the city instructed the applicant to alter the site's design and layout. Estimates of increased traffic volume led to the suggestion of relocating the existing curb cut entrance because of its close proximity to the intersection and potential Balancing the needs of the drive-through operation, short-term parking, and circulation within the site is the primary concern for planners developing the sire layout of combination facilities. for stacking cars, interfering with major roadways. In addition, the pump island aisle direction was changed to reflect the new building orientation, and painted yellow direction arrows on the pavement were required. Finally, the drive-through aisle was to be located at the rear of the building to avoid congestion with vehicles using the service station area. Parking. In Santa Monica, California, on-site parking for facilities that combine gas stations with fast-food restaurants and convenience stores must equal the sum of the number of parking spaces required separately for each use. For example, the city recently approved a request for a conditional use permit for the construction of an A&W fast-food restaurant within an existing self-service gas station and convenience store. The municipal code requires 13 parking spaces for the proposed convenience store, I 1 for the fast-food restaurant operation, and one for the self-service gas station. By providing 25 on-site spaces, the project complies with the conditional use site standards for both uses. The parking requirement for mixed commercial uses under the same roof in Little Rock, Arkansas, is less than the requirement for a restaurant built on a detached site. Gas stations with convenience stores and fast-food restaurants located in a single structure must have three spaces per 1,000 square feet of gross floor area, while free-standing fast-food restaurants must have four. According to Richard Wood, manager of the Zoning and Subdivision Division, the ciw has experienced no problems with this regulation because "most developers are cognizant of the need to provide sufficient parking to overlap both uses." Landscaping/Buffering. An expansion of activity at a gas station site can result in an increased amount of noise from traffic, car radios, and loudspeakers from order menus as well as an increase in vehicle exhaust and cooking odors. Municipalities try to control such nuisances and ensure compatibili~ with the surrounding area by requiring that a certain percentage and specific portions of the site be landscaped. The current Minneapolis code requires a minimum of 20 percent of the lot area, minus the area of the building, ro be landscaped for all automobile-related uses, including automobile combination convenience facilities. In areas bordering B-1 or residential districts, a strip no less than five feet wide must be organically landscaped. In addition, speaker boxes are not to be audible on anv residential property, adjacent to the business. After two or more convictions within a 12-month period for violations of the city noise ordinance, the speaker boxes will be removed. Rancho Cucamonga has adopted performance standards to ensure that the use does not interfere with nearby properties. The regulations require that noise levels measured at the property line of a faciliD~ with a drive-through restaurant shall not exceed normal background noise levels for the surrounding area. The ci~ recently approved a 24-hour combination facility, located in close proximity to a residential area. Nearby citizens complained that a round-the-clock operation would create a nuisance. The city instituted a mitigating condition to limit the hours of operation, but the developer has appealed that action. The proposed layout of the site of a combination gas station/ convenience store and two free-standing fast-food restaurants with drive-through lanes in Missouri City, Texas, places the site adiacent to a residential development. Landscaping requirements include the construction of a 30-foot-deep transitional buffeo'ard and an opaque or nearly opaque screen consisting of a wall, fence, or year-round vegetation to a height of at least eight feet, in addition to a minimum total landscaping equal to at least 20 percent of the area of the site not covered by buildings. Signs. The increasing trend of independent uses combining under one roof can result in multiple signs at each site. "If each subtenant is allowed a sign on the same building face without limitations, eventually the building will be overcrowded with signs," says Nancy Fong, who argues that a certain amount of control is necessary for such uses. In response to the anticipated increase in proposals for combined uses such as gas stations with fast-food restaurants, the cirv recently amended its sign ordinance to allow signs for subtenant businesses. The ordinance allows one wall sign per subtenant, with no more than two per station. The maximum area for subtenant wall signs is 12 square fee{. The subtenant sign area is parr of the allowable 10 percent of the building face that is not to exceed 150 square feet for the service station. No more than two monument signs are allowed for each service station, and one subtenant sign is allowed per monument sign. Product, service, and price signs for the subtenants are not allowed. Chesterfield, Virginia, provides a sign area bonus for gasoline service stations where the building is occupied by multiple franchise businesses. For service stations located on a free- standing site and not within a shopping center, the basic free- standing sign area is 50 square feet. A building located within a shopping center with multiple franchises can receive a A well-designed site enables several services to operate simultaneously. This site in Warrenville, Illinois, pravides self-service gasoline, drive-through fast-food access, and a convenience fodd store. 10-square-foot bonus from the basic free-standing sign area of 20 square feet. Gasoline sales get an additional 25 square feet, which can be used only to advertise fuel prices. Looking into the Future Service station convenience trends may be changing again soon. McDonald's is currently testing the market with a new idea that resembles a high-tech version of the drive-ins from the 1950s. While at the self-service fuel pump, the customer has the option of ordering food from a computer screen and charging the entire purchase to a gas or credit card. A McDonald's employee will then deliver the order to the car while the customer is pumping gas, eliminating the need for the drive-through lane altogether. If this service catches on, ir will require yet another reconfiguration of the gas station site. It is possible that the gas station has undergone the greatest transition of any retail industry over the last century. Planners can benefit from reexamining their ordinances and responding to changing tren& in the industry. Just as communities have adopted specific language in their ordinances to address gas stations/convenience stores, the future mav ultimately require the codes to focus on the addition of fast-~ood restaurants to these sites, regardless of whatever form they may take. Tahoe Ac~ency Loses Su~tum Case A May 27 decis{on by the U.S. Supreme Court has given a landowner the right to sue for damages for a regulatory taking over her inabili~' co develop a restrictively zoned lot near Lake Tahoe with a house. The Court ruled in her favor despite the availability ora complex scheme chat potentially allowed her to transfer her development rights to other property, in the area. in Suirum v. Tahoe Regional P&nning Agency (No. 96-243), the Court unanimously held.that Bernardine Suitum's takings claim was ripe for adjudication because she had received a "final decision" from the agency regarding the application of its regulations to her property. Suirum and her late husband bought an undeveloped lot in Washoe County, Nevada, in 1972. The land was in the jurisdiction of the Tahoe Regional Planning Agency (TRPA), created through a 1969 interstate compact between California and Nevada to regulate development in the Lake Tahoe Basin. The compact was amended in 1980 with the approval of Congress, which must ratify such agreements under the U.S. Constitution. The compact required the agency to adopt a plan barring any development exceeding specific "environmental threshold carrying capacities" as the regional agency might find appropriate. The agency adopted a new regional plan in 1987. That plan provided for an "Individual Parcel Evaluation System" (IPES) to rate the suitability of vacant residential parcels for building and other modifications. Under this system, any property must attain a minimum IPES score in order to qualify for construction, but an undeveloped parcel in certain areas that carry, runoff into the watershed--known as Stream Environment Zones (SEZ)--automatically receives an IPES score of zero. With a few exceptions, the agency's rules permit no additional land coverage or other permanent land disturbance on such a parcel. In order to blunt the sharpness of the restrictions, the agency grants the property owners transferable development rights (TDRs) that may be sold to owners of other parcels eligible for construction, subject to the agency's approval based on the receiving parcel's eligibility for development. (The Court noted that the Lake Tahoe plan otherwise "does not provide for the variances and exceptions of conventional land use schemes.") There are three types of TDRs: (1) a "Residential Development Right" to place a residential unit on a buildable parcel (owners of ladd in a SEZ could also obtain and transfer up to three bonus Residential Development Rights); (2) a "Residential Allocation" to begin construction in a given year, but which expires at year's end; and (3) a "Land Coverage Right" for each square foot of impermeable cover placed upon land. SEZ owners, like other property owners, can apply for Residential Allocations, awarded by local governments in random drawings each year. In 1989, Suitum obtained a residential allocation through Washoe County's annual drawing. When she applied to the regional agency for permission to build a house on her lot, the agency determined that her property was located in an SEZ, assigned it an IPES score of zero, and denied her permission to build. She appealed the denial to the agency's governing board, which also denied relief. After TRPA turned down her request for relief, Suirum did not attempt to transfer any of the TDRs that were hers under ~he 1987 plan. The Court noted that "there is no dispute" char Suitum still had a Residential Development Right, plus Land Coverage Rights for 183 square feet that she got as the owner o( 18,300 square feet o~' SEZ land, as welt as the potential to receive the three "bonus" Residential Development Rights. Even though her Residential Allocation had expired, said the Court, the agency maintained that if she applied ~br a new one, she undoubtedly would receive it. Suitum instead sued TRPA under Section t983 of the Federal Civil Rights Act of 1871, claiming that its decision to deny her the right to construct a house on her lot deprived her of "all reasonable and economically viable use" of her property and thus was a taking without just compensation under the Fifth and Fourteenth amendments. TRPA responded that Suitum had not obtained a "final decision" on the amount of development that could be allowed by the TDR program. (An appraiser for the agency had valued Suitum's rights at from $30,000 to $35,000). Because she had failed to seek the agency's permission to sell her TDRs to other property owners and had instead Justice Antonin Scalia characterized the "marketable TDR" as a "peculiar lype of chit which enables a third party not to get cash from the government but to use his land in ways the government would not otherwise permit." sought compensation for a constitutional violation, TRPA maintained, the taking claim was not ripe for federal court review.'Suitum responded that the TDR program was a "sham," and that there either was no market for TDRs or the procedure for transferring one particular right would restrict the opporru~nity to transfer a remaining right. The agency's argument prevailed in both U.S. District Court and the Ninth Circuit Court of Appeals, but didn't persuade the U.S. Supreme Court. Action on possible application by Suitum to transfer her TDRs was not the type of "final decision!' that irs previous decisions on this point of law required, said Justice David Sourer, writing for the Court. Because both parties agreed to the type of TDRs to which Suitum was entitled and because there was no further discretionary action by the agency concerning the application of the regulations to her lot (such as the determination of the use that would be permitted on the property or whether the lot was in fact in an SEZ), Suitum could bring her taking claim. She did not have to seek permission from the agency to transfer the TDRs before litigating. A concurring opinion by Justice Antonin Scalia (joined by Justices Sandra Day O'Connor and Clarence Thomas), who is known for his consistent rulings in favor of private property rights, pointed out that the availability of TDRs has "nothing to do with the use or development of the land to which they are (by regulatory device) 'attached'." A TDR does not reduce the degree of a taking, he said. Rather, it is a "new right" that the landowner, whose right to use and develop his property has been "restricted or extinguished," can employ to "extract money from others." Scalia characterized the "marketable TDR" as a "peculiar D'pe of chit which enables a third party not to get cash from the government but to use his land in ways the government would not otherwise permit." A TDR "relates not to taking but to compensation" and has no bearing' on whether there had been a ~"final decision' concerning the extent to which plaintiff's land use has been constrained." Despite the hopes of property, rights advocates and the fears of the many governmental entities that supported TRPA, the decision's impact may be minimal. "I believe the case is of limited precedenrial value," says Daniel Mandelker, Stamper Professor of Law at Washington University School of Law in St. Louis and the co-author with Boston attorney Brian Blaesser of the APA amicus curiae brief supporting TRPA. "The TDR system (in Lake Tahoe) was nondiscrefionary. It was automatic," and led to the Court's ruling that the case was ripe, says Mandelker, adding that "99 percent of all local zoning approval procedures are discretionary. This case applies to only one percent." Smart Meck, AICP Meck is principal i~vestigator for APA's GROWINC Si~te~~ project, a multiyear initiative to drajq the next generation of model planning and zoning statutes for the U.S. Storefront Churches Challenged In a growing number of communities nationwide, storefront churches are becoming the newest battleground over zoning for religious uses, in a contest with municipal administrators who see their tax-exempt status as a drain on commercial districts. The issue pits First Amendment rights against fiscally sound zoning, religion against government, and, in some cases, the · powerful against the seemingly powerless. Zoning News examines two recent cases for insights into this dispute. Officials in Aurora, Colorado, have been questioning conventional planning policies for religious establishments. The city council discussed but failed to approve a proposal decreasing from four to one the number of business districts permitting strip mall church congregations. Some municipal administrators in this working-class Denver suburb argue that these congregations overlook the surplus of Aurora's "more appropriate" real-estate stock in favor of Iow-rent strip malls. The Evanston, Illinois, city council recently rejected a church's request for occupancy of an office district building. Protests came from several directions. Evanston Inventure, an economic development partnership consisting of the city's largest taxpayers, argued that the community's severe space constraints have already driven away businesses that need to expand. Evanston school officials expressed concern when they discovered that the property in question brings the ciD' 5120,000 in annual real-estate taxes. In Aurora, council members and other city officials argued that providing churches with commercial space in already depressed districts further deteriorates the economic and, ultimately, the social value of the community,. They suggest that, without taxes to support city services, local businesses vacate, the job pool declines, neighborhoods deteriorate, and problems associated with poverty and crime perpetuate themselves. Aurora ciD' planner Robert Delgadillo says the storefront church opponents are concerned about the area's vulnerable initiative to revitalize troubled East Colfax Avenue. Delgadillo says stricter regulations on storefront churches might complement the plan's objective of strengthening the economic and aesthetic fabric of the area. If that plan succeeds, he says neighborhood and homeowners associations would probably become more tolerant toward such churches. Despite municipal opposition to the growing number of permit requests for storefront churches, an outcry from various civil rights, libertarian, and religious organizations prompted an Aurora city council committee to terminate the controversial regulatory proposal. Religious administrators from the East Colfax Avenue neighborhoods say the churches, which are often minority-operated, deliver a well- needed spiritual element to an underserved area. A strip mall that houses the Divine Love Christian Center, for example, sits on a corner frequented by drug and alcohol abusers. The church's proximity entices some of them off the street and into its services and ceremonies. The recent U.S. Supreme Court ruling in City ofBoerne v. Flores overturned the 1993 Religious Freedom Restoration Act (RFP.A), which granted churches relative exemption from many municipal policies, including some pertaining to planning and zoning. The likely result is to give municipal officials greater legal authority to impose nondiscriminatory regulations. The article below discusses that case. Michael S. Davidson Court Nixes Religious Freedom Act The Religious Freedom Restoration Act (RFRA) of 1993 is unconstitutional, the U.S. Supreme Court decided in City of Boerne v. Flores (No. 95-2074), in a decision handed down on June 25. The case involved the planned expansion of a historic Roman Catholic church in a San Antonio suburb. The archbishop of San Antonio challenged the city's denial of an expansion permit under its historic preservation ordinance as a violation of RFP, A, and the city then challenged the law's validity. The federal trial court held that Congress had exceeded its powers in passing RFP, A, but the Fifth Circuit Court of Appeals reversed. In a 6-3 ruling, the Court overturned the law that specifically aimed to overturn its own previous ruling, Employment Division v. Smith, 494 U.S. 872 (1990). In that case, the Court held that an Oregon law that resulted in the denial of unemployment benefits to two members of the Native American Church fired for the ritual smoking of peyote involved a permissible infringement on their religious freedom because it did not target a particular faith. According to the Court, the infringement was merely an incidental, byproduct of a generally applicable statute. Dismay within the religious community, over that outcome led to the passage of RFRA, which restored the constitutional standard enunciated in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.5. 205 (1972), which required that government show a compelling interest to justify a burden on the free exercise of religion and use the narrowest means possible to further that interest. Writing for the majority, Justice Anthony Kennedy said little about the specific circumstances in Boerne but cited a great deal of constitutional history concerning the First and Fourteenth amendments. Describing RFRA's "sweeping coverage" as ensuring "intrusion at almost eyery level of government," Kennedy noted that Section 5 of the Fourteenth Amendment grants Congress the power only co provide remedies for the infringement of constitutional rights. RFP, A, the opinion held. exceeded that authority, by seeking to redefine those rights, a function reserved for the courts. In a concurring opinion, Justice Antonin Scalia defended the holding in Smith and sought to refute a dissent by Justice Sandra Day O'Connor. Justices David Sourer and Stephen Breyer also dissented, the former joining most of O'Connor's dissent,.with both in separate opinions also advocating a rehearing to consider overturning Smith. O'Connor, in an extensive display of historical scholarship, maintained that the public debate and state legislation that preceded and followed the ratification of the Bill of Rights demonstrated an intent to foster and accommodate religious practice wherever possible and not merely to avoid discrimination. Scalia read that history differently and excoriated the lack of any recent history of religious discrimination to justify RFRA's far-reaching implications and impact. RFPA has produced dozens of decisions in federal courts and a far larger number of lawsuits, many from prisoners seeking various freedoms denied by corrections officials (see "Zoning and Big Box Religion," November 1996). A number of state attorneys general have complained about this spate of litigation, even as religious leaders and congressional sponsors have vigorously defended the law. Although the number of RFPA- related suits involving land-use regulations was relatively small, O~y ofBoerne v. Flores was the first case testing the law's constitutionality to reach the U.S. Supreme Court. The case is likely to have lasting implications for local zoning of religious uses, mostly by making local government regulations affecting religious uses subject to a less stringent constitutional test than that required under RFPA. Zoning ordinances that impinge on some aspect of religious freedom largely as an incidental byproduct of an otherwise valid public purpose are more likely to withstand scrutiny, as in the case of the historic preservation ordinance in question in Boerne, Texas. On the other hand, zoning that specifically focuses on restricting certain religious uses without a compelling public purpose are still likely to face stiff First Amendment challenges in court. · "[ just hope local governments don't feel their oats now and go too far," says Christopher J. Duerksen, a land-use attorney and vice-president of Clarion Associates in Denver, who has written on religious u$.e and historic preservation topics, including the treatise, A Handbook on Historic Preservation Law (Washington, D.C.: Conservation Foundation, 1983). "They have got it about it as good as they can get it." Zoning New~ is a monthly newsletter published by the ,~nerican Planning Associauon. Subscriptions are avadable for S50 (U.5.1 and :;65 (foreign). Frank S. So, Executive Director: William R. Klein, Director of Research. Zomng News is produced at APA. Jim Schwab, Editor: Shannon Armstrong,' Lynette Bowden, Chris Burke, Mike Dav~dson. Fay Dolnick. Saniay Jeer, Megan Lewis, Marya Morris. Martin Roupe, Jason Wittenberg, Reporten; Cynthia Cheski, Assistant Editor; Lisa Barton. Design and Production. Copyright © 199.7 by American Planning Association. t 22 S. Michigan Ave.. Suite 1600, Chicago, IL 60603. The American Planning A~s0ciation ha~ headquarters offices at 1776 Massachusetts Ave.. N.W., Washington. DC 20036. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in wrmng from the American Planning :kssociation. Printed on recycled paper, including 50-70% recycled fiber ~ lnd 10% postconsumer waste. Duerksen. however, says the Court, in repudiating what it ~'iewed as an infringement on its right to "set the rules" for interpreting the Bill of Rights, may also have established a rnu~h wider precedent affecting other land-use issues, such as takings legislarion,"Would the same reasoning apply?" Duerksen asks. "If the Court has set forth remedies and rules, can Congress set its own rules concerning diminution of value to establish takings? And if nor, does that mean that takings legislation will focus more on the stare level?" If so, he wonders, will state supreme courts, most of them interpreting state constitutional provisions similar to that in the U.S. Constitution, invoke The same privileges as the U.S. Supreme Court? '~This case," Duerksen concludes, %ould have some very significant fallout in that regard." Jitn Schwab o t t ports The Florida Keys Traditional Villages: A Design Handbook Correa Valle Valle, Inc., Town Planners, 1390 South Dixie Highway, Suite 1302, Coral Gables, FL 33146. 199Z Handbook 33#p. 11 "x 17". Ordinance 33p?. $10?lus $3 sht?#ing and handling for handbook and accompanying ordinance. The Florida Keys face a special problem and a daunting task in preserving the local environment. According to Erick Valle, a partner in the design firm that produced this volume for Monroe County with funding from the Florida Keys Sensible Planning Alliance, the county contains some 14,000 lots in antiquated subdivisions. If fully built out, the handbook shows, the result would be certain environmental devastation, but this scenario need not happen. The new code, awaiting approval this summer pending some comprehensive plan amendments, aims to rechannel the vested development rights tied to these lots into new traditional villages while preserving much of the sensitive marine and island landscape. Despite the specifics related to the Florida Keys, this material contains useful recommendations for most environmentally sensitive coastal areas. Particularly interesting are the housing design suggestions dealing with the challenge of marrying the elevation requirements of the Federal Emergency Management Agency with those of the Americans with Disabilities Act, among other considerations. A Comprehensive Parks and Open Space Plan; Parkland Dedication Ordinance City of El Paso, Texas, Department of Planning, Research and Development. Order (with check ~o Cig of El Paso) ]3om Leslie Smyth, #2 Civic'Center Plaza-~8th Floor, El Paso, TX 79901. August 1996. 105 pp. (plan); 18pp. (ordinance). $15 for both. The rationale for parkland dedication requirements and the calculation of citywide park needs has always been a somewhat elusive subject, but El Paso has done a particularly commendable job. Of special interest to many planners in other growing communities will be the illustrated examples of park designs related to various types of landscape features in El Paso's arid southwestern environment, including dual park/drainage uses of arroyos, adaptations of alluvial fans ~br softball and soccer parks, desert plateau designs, and wildlife sanctuaries.